1. ACCEPTANCE OF TERMS
1.2. Please read these Terms of Service (the “Terms of Service”, “Terms” or “Agreement”) carefully as they govern your use of the mobile and internet-based services and business tools offered by NearMeBook Singapore Pte Ltd (the “Company,” “NearMeBook,” “we”, “us” or “our”). This Terms will be effective from the time a user registers on the Service until cancellation of their account.
1.3. User’s attention is drawn in particular to the following:
1.3.1. Clause 3.8; and
1.3.2. Clause 4.
1.4. We appreciate your using our service which includes the use of:
1.4.1. the website www.nearmebook.com (the “Website”),
1.4.2. any nearmebook-branded mobile apps/software we make available,
1.4.3. any pages we operate on third party social media applications;
1.4.4. the content and services we make available through them via the internet or mobile devices (including smart phones and tablets); and
1.4.5. the provision by us of associated information, products and services by e-mail or your mobile device.
1.4.6. Such services, applications and the Website are collectively referred to as the “Service”.
1.5. The NearMeBook Services are designed to provide:
1.5.1. Clients with:
1.5.2. the supply of “providers” (term used interchangebly with “providers”) registered within the NearMeBook Platform for the scheduling and the contracting of Services;
1.5.3. Providers/Providers with:
1.5.4. offers of different service packages with the primary aim of capturing new clients by the provision to them of the provider’s services; and
1.5.5. a tool on the NearMeBook Platform for synchronisation of the provider’s schedule
1.7. If you enter any prize competitions or other promotions on the Services, separate terms and conditions may also apply in addition to these Terms and Policies. In the event of a conflict between any additional terms and conditions and these Terms and Policies, such additional terms shall prevail to the extent of the conflict.
1.8. All users, must accept these Terms in order to use the Services. Use of the Services constitutes acceptance of and agreement to all of the terms and conditions in these Terms of Service. If a user objects to anything in these Terms they are not permitted to use the Services.
1.9. You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
1.10. We may vary these Terms of Service from time to time and shall post such alterations on the Website. If you do not agree to the changes made to these Terms then you have the right to stop using Services, and should do so immediately. Your continued use of the NearMeBook Services after the date the changes have been posted on the Website will constitute acceptance of the amended Terms.
1.11. All rights to the Website and the content on it (except for Provider Content) and all other Intellectual Property Rights belonging to or licensed to NearMeBook remain vested in NearMeBook at all times. Nothing in this Agreement shall give any User any rights in respect of any such Intellectual Property Rights or of the associated goodwill.
1.12. The unenforceability of any part of this Agreement will not affect the enforceability of any other part.
1.13. No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
2. DEFINITION OF TERMS
2.1. In addition to terms defined elsewhere in this Agreement, the following terms will have the meaning ascribed below:
2.1.1. “Client” or “Customer” means any person who is seeking Services by means of the NearMeBook Platform, and/or who is purchasing or receiving the provider services.
2.1.2. “Providers” means an individual or organisation (eg: a Salon) that is in the business of providing, and supplying to customers Services by means of the NearMeBook Services.
2.1.3. “Provider Content” means any information, documentation, equipment, software or other material (which may include the Provider’s name, logo and any other brand features and Intellectual Property Rights) which may be published on the Service(s) pursuant to this Agreement.
2.1.4. “Intellectual Property Rights” means all intellectual property rights on a worldwide basis whether currently in existence or otherwise and whether vested or contingent including (without limitation) copyright (including foreign language translation rights), design rights, database rights, rights in any domain names, registered designs, patents, trade-marks, trade names and all similar rights whether registered or otherwise (including, without limitation, all extensions, reversions, revivals and renewals thereof). The above shall include, in relation to registrable rights, any applications made or rights to make applications in respect of any such rights.
2.1.5. “Parties” means NearMeBook, the Provider and the Client.
2.1.6. “Payment Provider” means the Company providing financial/operational services is responsible for the management and the control of payments made within the NearMeBook Platform. The user is aware that NearMeBook has no direct contact with the securities transactions performed by this means of payment, and all values and commission distribution must be performed exclusively by this means of payment.
2.1.7. “Registration Data” has the meaning as set out in clause 7.1.
2.1.8. “User” means individually, when in the singular, or jointly, when in the plural, the Provider and the Client.
2.1.9. “NearMeBook”: Means the Company, contracted by users through the NearMeBook Platform in order to ease, optimise and maintain the service contraction by a service provider and a client, as well as locate clients wishing to receive any kind of services by a provider.
2.1.10. “NearMeBook Platform” or “Platform” means any and all systems used by NearMeBook in order to enable a contractual relationship between a provider and a client, being, but not limited to, the Services including the website www.NearMeBook.com and the application (“App”).
2.1.11. “NearMeBook Services” means all services, application and functionalities made available by NearMeBook to a Partner either on the Platform or in any other form, such as Widgets, Software and other;
2.1.12. “Promotional campaigns” means a series of advertisements and promotions that share the same message and ideas to promote NearMeBook and its providers to a target audience.
2.1.13. “Software” means the NearMeBook web-based connection and salon management software running through a web browser which connects Partner´s IT infrastructure to the Platform and NearMeBook’s IT infrastructure and to which the partner is granted access through its login data;
2.1.14. “Widget” means a widget which may be provided as one of the NearMeBook Services for the Partner to embed in their website, which allows Bookings to be made.
2.1.15. “Fee” means the fee payable by the partner to NearMeBook
2.2. Unless the context otherwise requires:
2.2.1. each gender includes the others;
2.2.2. the singular includes the plural and vice versa;
2.2.3. references to this Agreement include its Schedule;
2.2.4. references to persons include individuals, unincorporated bodies, government entities, companies and corporations;
2.2.5. Clause headings do not affect their interpretation;
2.2.6. references to ‘writing’ or ‘written’ include email or communication by means of the facilities in the Service;
2.2.7. general words are not limited by example; and
2.2.8. references to legislation include any modification or re-enactment thereof.
3. SERVICES TERMS
3.1. Through the website we provide an online platform through which all types of service providers, for example; nail studios/salons, cosmetic studios, hair dressers, (collectively the “Service Provider(s)”), can advertise their services for reservation, and through which visitors (“Customer”, “you”) to the website can make such reservations after registration. By making a reservation through NearMeBook.com, you enter into a direct (legally binding) contractual relationship with the Service Provider at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the Service Provider, transmitting the details of your reservation to the relevant Service Provider and sending you a confirmation email for and on behalf of the Service Provider. The reservation is valid from the point of its booking online and independent from any confirmation send. The booked Service can be rescheduled to another time online and without any charges up to 24 hours before the appointment.
3.2. When rendering our Services, the information that we disclose is based on the information provided to us by the Service Provider. As such, the Service Providers are given access to our system through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each service provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any service made available.
3.3. Our services are made available for personal and noncommercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
3.4. NearMeBook will offer providers, at the time of registration and/or on the introduction of new Services, package options including additional services, aside from the main services specified in clause 1.5. NearMeBook offers providers:
3.4.1. the development of a provider profile on the NearMeBook Platform;
3.4.2. the display of images of provider’s previous work;
3.4.3. the automatic issue of scheduling reminders;
3.4.4. the dissemination of recommendations of the clients;
3.4.5. the offering of scheduling tools;
3.4.6. the production of scheduling reports;
3.4.7. photographic services; and
3.4.8. the making of promotional campaigns in order to increase the provider’s visibility.
3.5. The provider is aware that the above services are dependent on the package purchased by the provider and that the price will vary according to each package. The provider therefore acknowledges that he will only receive a particular service corresponding to the package chosen.
3.6. Notwithstanding, NearMeBook may, at any given moment and upon prior written notice:
3.6.1. alter the title and the service package scope; and/or
3.6.2. alter the service package prices.
With respect for the purposes of this clause 4.2, unless otherwise stated, 10 days’ notice of the alterations will be given from the date of the notice to the providers. On expiry of the notice period, NearMeBook may make the alterations, irrespective of express acceptance of the provider. However, in the event a provider does not agree with the amendments proposed by NearMeBook, they must submit a request for cancellation of their NearMeBook account, by sending an email to [email]. This is without any additional charge (not including amounts owed to NearMeBook by provider as at the time of cancellation.
3.7. Services rendered by NearMeBook do not, in any event, cover:
3.7.1. in regards to both providers and clients, a promise of employment;
3.7.2. in regards to providers, liability to provide providers to clients, when desired;
3.7.3. in regard to clients, any warranty in respect of the services provided by any provider.
3.8. Users agree that NearMeBook’s Services are limited to that of an intermediary. Services are not bought or sold by of from NearMeBook. They are bought by clients from providers and sold by providers to clients. NearMeBook is not liable to any user for the acts or omissions of any other user.
4. CUSTOMER TERMS
4.1. Use of the Platform
By using the Platform, the Customer agrees:
4.1.1. A contractual relationship exists with NearMeBook for the sole purpose using the Platform for which NearMeBook does not receive any consideration from the Customer and which is governed by these General Terms and Conditions for the use of the Platform and of the Services provided (the “T&C’s”) and the Privacy and Cookies Policy; and
4.1.2. A contractual relationship exists with the relevant Partner for the provision of the Services booked by the Customer through the Platform. The Customer agrees that NearMeBook is expressly not a party to that contract whose specific content may vary from Partner to Partner and, in cases where the terms differ from these T&C’s, the Partner is obligated to notify the Customer at the time of the booking either on the relevant Partner’s page on the Platform or by a link to the Partner´s terms and conditions published on Partner´s website.
4.1.3. These T&C’s do not govern the relationship between NearMeBook and the Partner.
4.1.4. The use of the Platform is regulated by these T&C’s and the “Privacy & Cookies Policy”. NearMeBook may change its T&C’s from time to time, in which case the new up to date version will be available on the Platform. The Customer will be required to review the T&C’s on the Platform before concluding every transaction/booking. By continuing use of the Platform, the Customer explicitly agrees to any amendment to the T&C’s.
4.1.5. These T&C’s shall also apply in case the Platform is provided through one or more mobile applications or widget/plugin directly on Partner´s website.
4.2. Access to the platform
4.2.1. Access to the Platform is available when the Platform is online. NearMeBook has the right to put the Platform offline due to any reason it may deem appropriate or amend its content and services without notice. NearMeBook will not be liable if, for any reason, the Platform or any part of it will not be available at any time or for any period.
4.2.2. In order to access the Platform the Customer shall have installed on his device one of the following operating systems and the following software: operating system with updated antivirus software and an updated browser (we recommend Chrome and Firefox). The Customer should also ensure that his device/s has/have the necessary protection systems against data stealing or abusive IT system intrusion.
4.2.3. The Customer is solely responsible for any access to the Platform made by third parties with his/her credentials.
4.3. Misuse of the platform
4.3.1. All the data provided by the Customer on the Platform is true, complete and accurate. The Customer undertakes to keep such information updated at all time and is solely responsible for any loss that arises out of a misrepresentation.
4.3.2. The Customer will be held personally responsible for any misuse of the Platform, in particular NearMeBook may pursue a civil or criminal action in case the Customer: (i) knowingly introduce viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so) or the Platform; (ii) gain or attempt to gain unauthorised access to the server on which the Platform is stored or any server, computer or database connected to the Platform; (iii) attack the Platform via a denial-of-service attack or a distributed denial-of service attack; and (iv) use the Platform for any reason that is contrary to law or public policy.
4.3.3. All the data provided by the Customer on the Platform is true, complete and accurate. The Customer undertakes to keep such information updated at all time and is solely responsible for any loss that arises out of a misrepresentation.
4.3.4. The Customer will be held personally responsible for any misuse of the Platform, in particular NearMeBook may pursue a civil or criminal action in case the Customer: (i) knowingly introduce viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so) or the Platform; (ii) gain or attempt to gain unauthorised access to the server on which the Platform is stored or any server, computer or database connected to the Platform; (iii) attack the Platform via a denial-of-service attack or a distributed denial-of service attack; and (iv) use the Platform for any reason that is contrary to law or public policy.
4.4. Registration and customer generated content
4.4.1. When registering for use of the Services, the user agrees to provide true, accurate, current and complete information as prompted by the Service’s registration process and as requested from time to time by NearMeBook (such information, “Registration Data”). The user further agrees that, in providing such Registration Data, the user will not knowingly omit or misrepresent any material facts or information and that the user will promptly enter corrected or updated Registration Data via the Services, or otherwise advise us promptly in writing of any changes or updates to the Registration Data. The user consents and authorises NearMeBook to verify the Registration Data as required for the use of and access to the Services.
4.4.2. Users are allowed to, through the NearMeBook Platform, link to third-party application accounts, such as Facebook, Twitter and Instagram, either on creation of the user’s account or at future authorisation and/or upgrade. The user permits NearMeBook to make publications in third-party applications for means of advertisement, without violation of the terms and conditions of these third-party application accounts. NearMeBook will not make publications in third-party applications where there is the requirement to pay any fees, or user itself restricts the use of such publication.
4.4.3. By granting NearMeBook access to third-party accounts, the user acknowledges that:
126.96.36.199. NearMeBook may access, deliver and store (if applicable) any content that the user has provided and stored in his third-party account, so that it is available through his account, including and without limitation to any friends lists; and
188.8.131.52. NearMeBook may present and receive additional information in its third-party accounts.
4.4.4. The user acknowledges that NearMeBook maintains an absolute discretion to reject a user’s registration after the submission of the requested documentation. Reasons for such rejections include, but are not limited to, instances where the documentation is invalid, incomplete or ineffective.
4.4.5. The user account/profile of every user is personal to that user and not transferable. NearMeBook reserves the right to delete an account without any justification and prevent further use of the Services by blocking access to the NearMeBook Platform and to other users’ profiles. Blocked users are not allowed to create new profiles or accounts. users have no proprietary rights with regard to the user profile or account created on the NearMeBook Platform.
4.4.6. Prior to registration NearMeBook will request, where applicable:
184.108.40.206. personal and provider documentation from the provider in order to register him and may, at any time, request additional documentation that may be necessary; and
220.127.116.11. user documentation, including but not limited to, company registration number, identity card number and proof of address, as well as bank details.
4.4.7. NearMeBook reserves the right to use any information reasonably necessary for the verification of the identity of the users in order to optimise the Platform activities, and user consents to such use of such information.
4.4.8. Once registration has been accepted, a username and password will be created and supplied to the user in order to provide access to the Services.
4.4.9. NearMeBook will not be liable for any damage that may result in the dissemination of the user’S password to third parties. The user will be entirely and solely held liable for this.
4.4.10. The user authorises NearMeBook to use his personal data in order to enable the contact between the PARTIES.
4.4.11. NearMeBook reserves the right to withhold personal information that is necessary for security or the maintenance of NearMeBook reputation.
4.4.12. The user acknowledges that any recipient of a user’s personal information may disclose confidential information in confidence to a provider adviser of the recipient or if it is required to do so by law, regulation or order of a competent authority.
4.4.13. The user agrees that the internet is not 100% safe or free of intrusions, and hereby acknowledges that NearMeBook shall not be responsible for information theft through illicit means.
4.4.14. NearMeBook reserves the right to disable, temporarily or permanently, the user and/or their advertisements which are untruthful, defamatory, abusive, offensive, critical of NearMeBook, or that violate any legal provision in force.
4.4.15. NearMeBook may suspend, delete and/or block user registration as a result of complaints, internal assessments or non-payment of the service fee.
4.4.16. The user acknowledges that if their account is blocked, NearMeBook, as an intermediary between users, is obliged to notify such blocking to any other user in contact with or requesting contact with the user. Only the status of the account and not the reason behind being blocked will be shared.
4.4.17. NearMeBook has an internal policy for the evaluation of its users, with a team focused on complaints from other users and assures the users that, except as requested by law, no personal information will be disclosed from those who complain and, therefore, NearMeBook is not obligated to justify to the blocked user about his inactivity when founded on complaint, except as requested by law.
4.4.18. With users who request cancellation of their registration or who were blocked due to violation to these Terms of Service, information relating to their account will be retained and stored by NearMeBook in accordance with applicable laws.
4.4.19. The user is granted the right to request, at any time, his account cancellation. To do so, a user must provide NearMeBook with a written notification sent via email/Website to contact@NearMeBook.com.sg stating his full name and registration details with a request to cancel his account.
4.5. Customer generated content
4.5.1. The Customer can create (receive) his own account on the Platform through his login data which will give him access to further features, content and special promotions on the Platform. In order to activate the account, the Customer shall choose such option on the Platform either at signing-up or in a later moment and will have click on a link in an e-mail he will receive by the system (opt-in mechanism).
4.5.2. The Customer can, at any time delete his account by sending an e-mail to customer support (contact@NearMeBook.com.sg). NearMeBook will make its best effort to deactivate the account in a timely manner.
4.5.3. All content submitted to or uploaded on the Platform by a Customer through his account, including without limitation, personal data, contact details, usernames, pseudonyms, text, comments, reviews, images, and all other information must be true, complete, correct and shall not offend any third party´s right, including the rights of the Partners and shall not in any way be considered against public policy or public morale or the applicable laws in Singapore.
4.5.4. The Customer agrees that NearMeBook may, in its sole discretion, amend or delete any content, before or after publication or refuse the publication. In particular the Customer warrants, represents and undertakes to NearMeBook that his Customer Generated Content (including its use, publication and/or exploitation by NearMeBook) shall not: (i) infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity; (ii) contain any material which is defamatory of any person; (iii) contain misleading or deceptive statements or omissions or misrepresentation as to Customer´s identity (for example, by impersonating another person) or his affiliation with any person or entity; (iv) breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence; (v) advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (vi) violate any other applicable law, statute, ordinance, rule or regulation.
4.5.5. Should the Customer Generated Content not be compliant with the applicable law or the above set rules, and as a result of this, should NearMeBook suffer a loss or damage, the Customer shall be held liable and the Customer agrees to indemnify NearMeBook for all such loss or damage.
4.5.6. Should the Customer Generated Content have criminal implications, NearMeBook reserve the right to pass it on to the relevant authorities and to disclose the Customer´s identity to any third party (including their provider advisor) who claims that any of the Customer Generated Content constitutes a violation of any of their rights.
4.5.7. Apart from personal data which are protected according to the law and to the Privacy and Cookies Policy, any other customer generated content submitted to the Platform will be considered non-confidential and non-proprietary.
4.5.8. All Customer Generated Content posted on the Platform will be linked to the Customer username provided at the time of registration.
4.5.9. Clients can post, at no cost on the NearMeBook Platform, reviews concerning the Services provided by a provider (“Reviews”).
18.104.22.168. Reviews must:
a) Be based on concrete facts;
b) Be fair and objective;
c) Not contain any type of content that might be considered as defamatory, offensive, abusive, infringing intellectual property rights or illegal.
22.214.171.124. Reviews that violate the conditions set out in clause 10.1.1 will not be published or will be deleted without prior notice to the user. Reviews are personal opinions of users and do not represent the opinion of NearMeBook. NearMeBook reserves the right to investigate Reviews and take relevant appropriate measures.
126.96.36.199. By submitting a Review on NearMeBook, the user licences to NearMeBook the rights to use this text without any time or geographical limitation. NearMeBook reserves the right to edit and publish, or not, the Reviews submitted. In addition, NearMeBook can license these Reviews to other parties.
188.8.131.52. Any attempt by a client or provider to provide self-recommendation is prohibited, as is any other attempt to try to distort Reviews for that user’s own gain or that of others.
4.5.10. It is prohibited to put on the NearMeBook Platform any type of advertising material regarding any other type of service or goods without the written consent of NearMeBook.
5. BOOKING TERMS
5.1. Booking Policy
5.1.1. A client can book through the NearMeBook Platform up to 2 (two) hours before the Service is to be provided.
5.1.2. If a user does not attend a Service booked through the NearMeBook Platform and paid online, they will be charged. However, NearMeBook reserves the right to assess and disclose this information concerning the user, allowing NearMeBook to cancel the registration of the user at any time.
5.1.3. The provider is responsible for informing NearMeBook if a client does not attend by means of the NearMeBook Platform. In the event that NearMeBook discovers any type of fraud in the use of this process, the provider will be charged for the services wrongfully cancelled.
5.1.4. The provider shall meet its obligations to the client to provide a right to cancel in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
5.1.5. The provider is obliged to meet the reservations made by the client, in the exact terms indicated on the NearMeBook Platform, in periods when the provider is declared free on the NearMeBook Platform, without giving priority to any other type of schedule received by other means and / or prioritise the fixed clients hall, to arriving at the first location, among others.
5.1.6. NearMeBook shall not be held liable where:
184.108.40.206. the provider has already filled the time that the client desires;
220.127.116.11. the provider has already scheduled directly with the client;
18.104.22.168. the provider has declared he is free on a specific day and time on Platform, but is actually busy and this has not updated the NearMeBook Platform. In the latter case, the provider agrees to give preference to the NearMeBook clients, over other service customers.
5.1.7. NearMeBook will not be held liable for the maintenance of the providers schedule. The provider acknowledges that he must maintain his schedule as shown on the NearMeBook platform.
5.1.8. In compliance to Singapore’s Spam Control Act and as part of the Services, NearMeBook offers to providers the possibility to send SMS messages, application-push messages and emails to clients, for various reasons, including reminders of upcoming bookings.
5.1.9. By accepting clause 5.1.6, the client accepts to receive these messages and the provider acknowledges that they are obliged to adhere to its client’s preferences expressed to provider regarding these notifications.
5.2.1. Client can pay either online or wire transfer
5.2.2. Provider/Salon will pay a commission of 15% for all booking through NearMeBook made by the customer. All bookings processed via NearMeBook platform shall carry the aformentioned NearMeBook commission.
5.2.3. Payment info are confidential
5.3. Booking amendments or cancellations
5.3.1. If a Customer needs or wishes to change or cancel the booking (time/date) after he has received the confirmation email, he may change or cancel the booking directly on the Platform. In case the Partner is already booked at the new time/date wished, the Customer shall contact directly the relevant Partner, and may decide to make a new appointment and cancel the previous booking. Should a Customer be unable to contact a Partner, please contact NearMeBook customer care at email@example.com
5.3.2. Should a booking be amended or simply cancelled, either on request of the Customer or on request of the Partner, the Provider will notify NearMeBook and will update its agenda on the Platform immediately.
5.3.3. If the Customer cancels a Booking at least 24 hours before the applicable appointment, he can reschedule the appointment or in case it should not be possible, the price will not be charged on his credit/debit card.
5.3.4. In case the Customer cancels a Booking less than 24 hours before the applicable appointment, the applicable price will be charged on his credit/debit card.
5.3.5. In case the Customer does not notify the relevant Partner with the cancellation and simply does not show up to the appointment he will not be refund of the already paid amounts.
5.3.6. In case of urgent cancellation by the Partner, the latter may use the Customer’s contact details that NearMeBook has the right to provide him with, according to the Privacy and Cookies Policy.
5.3.7. If the Customer has a voucher code which the customer uses to successfully book an appointment on NearMeBook, they are only allowed to reschedule the booking once. This does not include any rescheduling which is done as a result of the Partner not being able to accommodate the Customer on the appointed date and time.
5.4. Price, payment and invoicing
5.4.1. The prices for the Services are displayed on the Partner’s personal page on the Platform and may vary from time to time upon exclusive decision of the Partner.
5.4.2. The Platform contains details of a number of Services and it is possible that, despite NearMeBook’s best efforts, some of the prices and other information shown by the Partner on the Platform for certain Services are incorrect/not updated.
5.4.3. Unless the Customer has opted for “Pay at Venue”, the payment for the Services shall be confirmed at the time of the booking by credit or debit card, using the online payment facility (“Payment Facility”) provided by the Platform. The Payment Facility will reserve on the credit/debit card account of the Customer the due price, which will be eventually paid at the time of the performance of the Services, when the relevant Partner issues the relevant invoice. The Customer shall be responsible for protecting his own confidential data which give him access to the Platform such as user ID and any password or other security information used by the Customer to access his account. Any currency conversion costs or other charges incurred in making a payment will be borne by the Customer.
5.4.4. NearMeBook takes reasonable care to ensure that its Payment Facility is available and functioning at all times, but cannot guarantee continuous and uninterrupted access to such Payment Facility. NearMeBook also try to ensure that Customer’s payments are processed promptly, but it is often difficult to predict the amount of time needed to complete processing because it is dependent upon many factors outside of NearMeBook´s control, such as delays in the banking system or in card networks. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. NearMeBook will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will use its best effort to restore the facility as soon as reasonably possible.
5.4.5. For the bookings it is possible for the Customers to opt for a payment at Partner´s premises (“Pay at Venue”). According to this option the Customer can make a booking on the Platform but eventually pay for it directly to the Partner at the time of the appointment. Please note that this way of payment is available only if the Partner and/or the Customer are eligible. Eligibility mainly depends on the fulfilment of the respective obligations according to these T&C’s and to the Partner agreement (only for a Partner). In any case this option will appear on the Platform at the time of the Booking.Please note that the way of payment does not change the other content of the contractual relationship with the Partner also with respect to the cancellation policies.
5.5.1. In case a Customer is not satisfied with the Services provided by the Partner, he shall directly make his claims to the relevant Partner.
5.5.2. In order to improve or keep a high quality Partner´s Services, Customers can also leave their review on the relevant page of the Platform. Such review cannot however be offensive, misrepresentative or false.
5.5.3. The Customer may also contact NearMeBook’s customer support and NearMeBook will try to find a solution with the Partner. However, ultimately, the Partner is the only and sole responsible for the performance of the Services.
6. PROVIDER TERMS
6.1. To enable the use of the NearMeBook Services, it is necessary for the Partner to sign up on https://nearmebook.com or contact us at firstname.lastname@example.org or call +65 6493 2953. Upon registration, the Partner shall provide NearMeBook with the required data. After the successful registration of the partner by providing the required data, NearMeBook will enable the partner to use the Platform and the related NearMeBook Services. NearMeBook will provide the Partner with login data, which will allow him to get access to the Platform. In order to sign the Agreement, the Partner has to tick a „confirmation“ box during the first login; upon signature the Agreement will become effective (Effective Date).
6.2. NearMeBook solely provides a platform to connect providers and clients and serves only as a intermediate to facilitate the provision of Services. NearMeBook does not provide or contract for the supply or purchase of Services. Providers and clients negotiate and contract independently for the provision of Services. Each Client is solely responsible for selecting the provider, the Services to be provided and the location at which these services will be performed. Any decision by a client to receive Services or by a Provider to provide Services is a decision made in such user’s sole discretion.
6.3. The provider acknowledges that the Services provided by NearMeBook have a cost, already agreed and accepted by provider at the time of registration on the NearMeBook website. NearMeBook reserves the right to alter the figures charged. The provider acknowledges that is an alteration of the sums charged by NearMeBook to the provider in respect of the Services are necessary they will be informed via email. 10 days’ notice of the alterations will be given from the date of the notice to the providers. On expiry of the notice period, NearMeBook may make the alterations, irrespective of express acceptance of the provider. However, in the event a provider does not agree with the amendments proposed by NearMeBook, they must submit a request for cancellation of their NearMeBook account, by sending an email to email@example.com. This is without any additional charge (not including amounts owed to NearMeBook as at the time of cancellation).
6.4. The client acknowledges they have to pay for what they have booked through NearMeBook and that the price on the platform is the final amount charged. We are not responsible for any other services not included in the booking.
6.5. NearMeBook, in agreement with its providers, can offer special promotions on specific services. Please note that all the services booked with a special promotion on NearMeBook can be booked only once per client.
6.6. Through the NearMeBook Platform, the provider must provide, among other things:
6.6.1. their availability;
6.6.2. how they receive clients (if they makes house calls and/or in their service location);
6.6.3. the location where they want to provide the services and/or the address of the service location;
6.6.4. personal data for verification of personal information;
6.6.5. a personal photograph;
6.6.6. a description of Services provided,
6.6.7. price of services;
6.6.8. photographs of previous services that the provider has completed. The Photographs provided should be representative of the services the provider provides;
6.6.9. acceptance of online payment; and
6.6.10. bank information for receipt of prepaid services.
6.7. Through the NearMeBook Platform, the client may chose, through options previously made available by NearMeBook, the following:
6.7.1. the Clients desired Service;
6.7.2. the area where he would like to be receive the service; and
6.7.3. additional details such as time/date etc
6.8. NearMeBook reserves the right to terminate/inactivate any provider/salon partner listed on NearMeBook.
6.8.1.NearMeBook is not liable for making available all the types of services available as well as all the possible hours.
6.8.2. Incase of inactivation/termination of a provider account, NearMeBook will intimate the provider of the inactivation.
6.8.3. In cases of fraud committed, NearMeBook reserves the right to pursue any legal action against the provider if internal investigation finds evidence and NearMeBook deems it necessary to recover lost monies due to fraud.
6.9. To enable the use of the NearMeBook, the Partner must comply by:
6.9.1. NearMeBook Fees
22.214.171.124. NearMeBook reserves the right to modify, add or remove functions of its services at any time.
126.96.36.199. Fees for all paid plans are subject to change upon a 30 day notice, including but not limited to monthly and yearly plan.
6.9.2. NearMeBook payments, downgrading and upgrading
188.8.131.52. A valid credit card must be provided for paying subscriptions. Your credit card/bank statement will show “NearMeBook Subscription” as the description of your transaction.
184.108.40.206. The Subscription is billed in advance on a monthly, bi-monthly or yearly basis and is non-refundable.
220.127.116.11. Downgrading your plan might result in the loss of features and/or campaigns and accessibility to your account. NearMeBook does not accept any liability for such loss.
6.9.3. Trial period
6.9.5. Termination of subscription
18.104.22.168. The service may be cancelled at any time by both parties. The effectiveness of cancellation will not occur until the end of the thirtieth day after the completion of your cancellation process.
22.214.171.124. To cancel your subscription, please contact our representative. All cancellation request requires communication confirmation. No cancellation will be processed until cancellation confirmation has been given.
126.96.36.199. The termination of your contract means the deactivation of your account, and the cessation of all the rights granted by this present agreement.
188.8.131.52. NearMeBook does not provide guarantee that your content can be recovered once your account has been cancelled. Any loss or damage following a cancellation is to your entire responsibility.
7.1. Limitation of liability
7.1.1. In case of death or personal injury caused by negligence, fraud or fraudulent misrepresentation NearMeBook will hold no liability in accordance with Terms set forth in this agreement and permissible within the extent of the law.
7.1.2. If you are dissatisfied with the NearMeBook Services, or the terms of the Terms, your only remedy under the Terms shall be to discontinue use of the Services. Without limiting this clause 7.1.2. we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
7.1.3. Other than as set out in the two paragraphs immediately above, we shall not be liable in contract, tort (including negligence), for breach of statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms.
7.1.4. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEARMEBOOK OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF SALES OR BUSINESS, LOSS OF PROFITS, LOSS OF AGREEMENTS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF OR DAMAGE TO GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER ECONOMIC LOSS (EVEN WHERE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE), RESULTING FROM:
184.108.40.206. THE USE OR THE INABILITY TO USE THE SERVICES;
220.127.116.11. PROVIDER’S SERVICES FACILITATED BY THE SERVICES PROVIDED BY NEARMEBOOK OR ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION TO USER STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE OR DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER;
18.104.22.168. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
22.214.171.124. ANY UNAUTHORISED ACCESS TO OR ALTERATION OF THE SERVICES OR THE user DATA OR TRANSMISSIONS; OR
126.96.36.199. ANY OTHER MATTER RELATING TO THE SERVICES.
7.1.5. In the event that any limitation or exclusion of liability in the Terms is not enforceable, then NearMeBook shall not be liable to a user for more than $100 in aggregate in respect of matters arising out of any individual contract for provider Services that was facilitated via the NearMeBook Platform.
7.1.6. Each of the provisions of this clause 5 shall be construed separately and independently of the others.
7.1.7. This clause shall survive the termination or expiry of these Terms.
7.2.1. The user agrees to defend, indemnify and hold harmless NearMeBook and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to legal fees) arising from or relating to:
188.8.131.52. the user use of and access to the Services;
184.108.40.206. Services facilitated by the Services or any interaction between the user and another user;
220.127.116.11. the user violation of any term of these Terms of Service;\
18.104.22.168. the user violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or
22.214.171.124. any third- party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services. This defence and indemnification obligations will survive the termination of this Agreement and the use of the Services.
7.3. Intellectual Property
7.3.1. Subject to these Terms and solely for the purposes of receiving the NearMeBook Services, NearMeBook hereby grants each user a limited, revocable, non-exclusive, non-transferable license to display the logos, trademarks or other intellectual property of NearMeBook solely for personal, non-commercial use in connection with the use of the Services, promotion of Services offered via the NearMeBook Platform or other uses expressly permitted by NearMeBook in writing. Notwithstanding such permitted uses and license, the user acknowledges that all derivative designs and artwork, which use the Company’s logo or any other Company Intellectual Property Rights, are the sole property of NearMeBook. No other rights are granted to users with respect to the Company’s Intellectual Property Rights other than those rights granted explicitly in these Terms, including with respect to any derivative works.
7.3.2. users are clearly prohibited from, distributing, modifying, and exhibiting any work derived by any form from the use of the content of this Platform or by the materials conveyed on it.
7.3.3. We are constantly working on ways of improving NearMeBook. We cannot do so efficiently if we have to avoid ground covered by user contributions; it may be that we are already working on an area for improvement or development suggested by a user. By submitting ideas, suggestions, documents, and/or proposals (referred to here as “Feedback”) to NearMeBook, you agree that it does not contain confidential information or intellectual property rights and that NearMeBook is not under any obligation of confidentiality, express or implied, with respect to the Feedback. NearMeBook shall be entitled to use or disclose such Feedback in any part of the world for any purpose, in any way, in any media. You agree that you are not entitled to any compensation or payment of any kind from NearMeBook under any circumstances in respect of any Feedback.
7.3.4. It is forbidden to use any automated system or software to extract, scrape, spider, resell, copy, reproduce or modify any data from the NearMeBook Platform without the express consent of NearMeBook seen that such practices do not find legal support in the current legislation.
7.3.5. You also hereby grant NearMeBook a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such user content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such content on the NearMeBook Platform and will terminate at the time such Content is removed from the Services by you or by NearMeBook.
7.4.2. However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate partners, licensees, agents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Services as made available on our website, (iii) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (iv) any (personal) injury, death, property damage, or other damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Service Provider.
7.5. Third party transactions and third party websites
7.5.1. NearMeBook uses the third-party payment platform Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your NearMeBook account. By using NearMeBook and its Services and agreeing to the Terms, you agree to be bound by Stripe’s Terms of Service.
7.5.2. You understand that payment processing services for the Partner on NearMeBook are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a Partner on NearMeBook, the Partner agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of NearMeBook enabling payment processing services through Stripe, the Partner agrees to provide NearMeBook accurate and complete information about himself and his business, and authorizes NearMeBook to share it and transaction information related to the use of the payment processing services provided by Stripe.
7.5.3. Payment processing services are being offered at the sole discretion of Stripe. NearMeBook does not warrant that these in general or specific payment options will always be available for the Partner’s or Customer’s use. The Partner agrees however to take every reasonable effort to comply with Stripe’s terms and help to make online payments available to the Customers.
7.5.4. NearMeBook may also deactivate offline payments for certain Customers that did not show up for an appointment before. In case the payment should be made on the Platform, Stripe will accept such payment in the name and on behalf of the Partner and will forward it to the Partner after having deducted NearMeBook’s fee under the terms and conditions set out in article 8.
7.5.5. You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or your NearMeBook account, and you expressly agree to provide the legal document required to comply with Stripe Connected Account.
7.6. Applicable law and Jurisdiction
7.6.1. By choosing to use the NearMeBook Platform, users acknowledge that the Terms shall be subject to the laws of Singapore and the parties shall submit to the exclusive jurisdiction of the Singaporean courts.
7.6.2. We will make reasonable efforts to keep the NearMeBook Services available at all times, except for:
126.96.36.199. planned downtime (of which we will endeavour to provide at least 8 hours prior notice); or
188.8.131.52. any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems or Internet service provider failures or delays.
7.6.3. We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. The user acknowledges that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and NearMeBook shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. NearMeBook has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services. Access to our Services is permitted on a temporary basis.
7.6.4. NearMeBook is not responsible for the quality of the internet connection required to have the Services working on a smartphone, computer, tablet or other electronic device.
7.6.5. NearMeBook is not responsible for any user content and whilst NearMeBook will use all reasonable methods to remove inappropriate content in a reasonable time frame NearMeBook is not responsible for any delay in doing so.
7.6.6. Whilst NearMeBook will take all the appropriate technical and organisational measures to prevent against unauthorised or unlawful processing of personal data and against accidental loss, destruction of or damage to personal data, we cannot warrant that the Services will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code.
184.108.40.206. Additionally, NearMeBook will not be held liable for any harm that might stem from the violation of these measures by third parties that use public networks or the internet, circumventing mechanisms to restrict access to user information. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
7.6.7. Concerning the security and privacy of data registered on the Services, NearMeBook states that the password and all the data that the users enter on the Platform are fully protected by encryption technology. Nevertheless, NearMeBook recommends that the User never disclose their NearMeBook Platform password to anyone. The user is fully responsible for the confidentiality and use of their password and identity.
7.6.8. NearMeBook will not be liable for any damage or loss of user equipment caused by failures in the NearMeBook Platform or its suppliers systems, server or caused by third party conduct.
8. CHANGES TO OUR TERMS
9.1. All comments, questions, complaints and/or requests relating to the NearMeBook Services, NearMeBook Website and/or this T&C’s are welcome and should be addressed to NearMeBook Singapore Pte Ltd. You can also contact us at firstname.lastname@example.org or phone: +65 6493 2953.