Terms of Service
These Pamper Member Terms and Conditions (this “Agreement”) apply to your use as a Pamper Member of: (1) the Pamper website at http://www.getpamper.com and all affiliated websites owned and operated solely by Pamper (collectively, the “Pamper Site”), (2) the appointment booking engine made available by Pamper through the Pamper Site and the Pamper-branded application for smartphone devices (collectively, the “Pamper Application”), and any other online properties of Pamper (the “Pamper Booking Engine”) as described in Part I below, (3) the payment for services made available by Pamper Professionals through the Pamper Application (the “Pamper Payment Services”), as described in Part II below, (4) any other services or features made available to Pamper Members through the Pamper Site or the Pamper Application. Together, the items in (1) through (4) are the “Pamper Member Services”.
In this Agreement, “Pamper” and “we” mean Pamper Groupe Inc., a Delaware corporation, and “Pamper Member” and “you” mean any person using the Pamper Member Services to receive beauty and body services from Pamper Professionals (“Pamper Professionals”) through the Pamper Site and Pamper Application.
Pamper may update or revise this Agreement from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Pamper Member Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Pamper Member Services, in which case you will no longer have access to the Pamper Member Services or your Pamper Member Account (as defined below). Except as otherwise expressly stated by Pamper, any use of the Pamper Member Services is subject to the version of this Agreement in effect at the time of use.
By accessing or using the Pamper Member Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Pamper Member Services.
Part I — Pamper Booking Engine
- Pamper provides the Pamper Booking Engine to Pamper Members for the purpose of assisting Pamper Members in securing Pamper Professionals to provide beauty and body services. In response to a Pamper Member’s request to book a Pamper Professional through the Pamper Site or Pamper Application, Pamper directly notifies the Pamper Professional of the Pamper Member’s booking request through the Pamper Booking Engine. A Pamper Professional may accept or reject a Pamper Member’s booking request in his or her sole discretion. Pamper Professionals at no time shall be required to accept a Pamper Member’s booking request.
- Each Pamper Professional shall be free in his or her sole discretion to determine at what times and on what dates a Pamper Professional shall make himself or herself available on the Pamper Booking Engine to accept booking requests from Pamper Members.
Part II — Payment Terms
- In order to use the Pamper Payment Services, you must provide credit card or debit card information for at least one operational and valid credit card or debit card through the Pamper Application. You may add, delete, and edit the credit card or debit card information you have provided from time to time through the Pamper Application.
- Upon the Pamper Professional’s confirmation to Pamper that an appointment with a Pamper Member has been completed the Pamper Member’s credit card or debit card is immediately charged in full for the service.
- In the event a Pamper Member desires to cancel an appointment, such cancellation will be at no charge to the Pamper Member if cancelled within the first five (5) minutes of a confirmed booking. If a Pamper Member cancels within five (5) minutes to fifteen (15) minutes of a confirmed booking the Pamper Member will be charged 50% of the total cost of the services as a cancellation fee. If a Pamper Member cancels more than fifteen (15) minutes after a confirmed booking the Pamper Member will be charged 100% of the total cost of the services as a cancellation fee.
Part III - General Terms
- You are required to create a Pamper Member account with Pamper through the Pamper Site or Pamper Application (“Pamper Member Account”) in order to receive services from Pamper Professionals. When registering for a Pamper Member Account, you must provide true, accurate, current, and complete data about yourself (“Pamper Member Registration Data”). You also agree to promptly update the Pamper Member Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Pamper Member Account and the information in your Pamper Member Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Pamper Member Account, whether or not authorized by you. You agree to immediately notify Pamper of any unauthorized use of your Pamper Member Account or any other breach of security related to your use of the Pamper Services.
- Use of the Pamper Member Services requires Internet access through your mobile device. You are responsible for all mobile carrier charges resulting from your use of the Pamper Member Services, including from any notifications provided by the Pamper Services. Pamper does not guarantee that the Pamper Member Services will be compatible with all devices or will be supported by all mobile carriers.
- Pamper reserves the right, in its sole discretion, to modify the Pamper Member Services and the pricing structure for the provision of such services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Pamper Site and Pamper Application. Pamper shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Pamper Member Services. Continued use of the Pamper Member Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Pamper Member Services, including the pricing structure in relation thereto.
- The features, information, and materials provided and depicted through the Pamper Member Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Pamper Member Services (collectively, the “Pamper Content”) are provided to Pamper Members by Pamper solely to support the Pamper Member’s permitted use of the Pamper Member Services. The Pamper Content may be modified from time to time by Pamper in its sole discretion. Except as expressly set forth herein, no license is granted to Pamper Members for any other purpose, and any other use of the Pamper Members Services or the Pamper Content by Pamper Members shall constitute a material breach of this Agreement. Pamper retains all rights in the Pamper Members Services and Pamper Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Pamper or any third party is granted under this Agreement.
- Subject to the terms and conditions of this Agreement, Pamper grants Pamper Members a non-exclusive, non-transferable, revocable license to use the Pamper Application, in object code form only, on a Pamper Member’s compatible mobile devices, solely to support the Pamper Member’s permitted use of the Pamper Member Services.
- The Pamper Member Services and Pamper Content are offered solely for Pamper Member’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Pamper expressly reserves all its rights and remedies under applicable state and federal laws. Pamper reserves the right, in its sole discretion, to refuse service, terminate Pamper Member Accounts, remove or edit content, cancel bookings, or deny access to the Pamper Member Services. You agree not to (and not to allow any third party to): (1) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Pamper Member Services or copy any Pamper Content, except as expressly authorized by Pamper; (2) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Pamper Member Services; (3) use the Pamper Member Services or Pamper Content for any illegal purpose; or (4) publicly disseminate information regarding the performance of the Pamper Member Services or Pamper Content.
- Pamper may suspend your ability to use all or any element of the Pamper Member Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Pamper may suspend your access to the Pamper Member Services if we believe you to be in violation of any part of this Agreement. After any suspension or termination, you may or may not be granted permission to use the Pamper Member Services or re-establish a Pamper Member Account. You agree that Pamper shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Pamper Member Services at any time. You understand that any termination of your Pamper Member Account may involve deletion of any content stored in your Pamper Member Account for which Pamper will have no liability whatsoever.
- You represent and warrant: (1) the accuracy and truthfulness of all information you provide to Pamper for uploading to the Pamper Site and Pamper Application or otherwise, and (2) no information you upload to the Pamper Site or Pamper Application shall infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Pamper’s request) defend Pamper, and its representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Pamper Parties”) from and against all claims, injuries, illnesses, damages and liabilities (“Claims”) resulting from (1) your use of the Pamper Member Services, (2) any Claim made by a Pamper Professional against the Pamper Parties arising out of or relating to the acts or omissions of a Pamper Member receiving beauty and body services from a Pamper Professional, or (3) any breach or alleged breach by you of this Agreement.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW IN NO EVENT SHALL THE PAMPER PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE PAMPER MEMBER SERVICES BY THE PAMPER MEMBER (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE PAMPER BOOKING ENGINE), OR (4) A PAMPER PROFESSIONAL’S ACTS OR OMISSIONS AT A PAMPER MEMBER’S RESIDENCE OR OTHER LOCATION WHETHER RELATED TO THE PAMPER PROFESSIONAL’S PROVISION OF BEAUTY AND FITNESS SERVICES TO A PAMPER MEMBER OR OTHERWISE.
- PAMPER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED IN RESPECT OF THE PAMPER MEMBER SERVICES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO THE INFORMATION PROVIDED ABOUT PAMPER PROFESSIONALS AND THE ACTS OR OMISSIONS OF PAMPER PROFESSIONALS.
- THE QUALITY OF THE PAMPER PROFESSIONAL SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE PAMPER PROFESSIONAL WHO PROVIDES SUCH BEAUTY AND FITNESS SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICES OF A PAMPER PROFESSIONAL, YOU MAY BE EXPOSED TO BEAUTY AND FITNESS SERVICES THAT ARE POTENTIALLY DANGEROUS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOUR USE OF THE PAMPER MEMBER SERVICES AND BOOKING OF A PAMPER PROFESSIONAL IS AT YOUR OWN RISK.
- YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY INFORMATION PROVIDED BY PAMPER OR BY ANY PAMPER PROFESSIONAL TO YOU IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH, AS ALLOWABLE TO THE EXTENT OF THE LAW.
- ALTHOUGH PAMPER PROVIDES INFORMATION ABOUT PAMPEr PROFESSIONALS, PAMPER DOES NOT PROVIDE THE SERVICES RENDERED BY PAMPER PROFESSIONALS. PAMPER REQUESTS BACKGROUND INFORMATION OF ITS PAMPER PROFESSIONALS, BUT PAMPER DOES NOT AND CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION-GATHERING OR THAT A PARTICULAR PAMPER PROFESSIONAL IS ADEQUATELY QUALIFIED TO PERFORM ANY GIVEN SERVICE.
- THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- You and Pamper understand and agree that the disclaimers, exclusions, and limitations set forth herein are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Pamper would be unable to make the Pamper Member Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
- If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
- This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by Pamper Members, but may be freely transferred, assigned, or delegated by Pamper.
- Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
- Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Pamper shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and Pamper must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR Pamper MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Pamper will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) Pamper also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or Pamper may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York City, New York. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York City, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York City, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Pamper shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in New York City, New York.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
- This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Current Value: $300
The Pamper Referral Program exists to be an organic source of recruitment for Pamper Professionals (licensed manicurists). Pamper Professionals are individuals who render nails-related services for Pamper On-Demand and Pamper salons. Prospective candidates are required to:
- The referred person must be employed for at least 30 days (one month) before the referrer is eligible for the award.
- The referral award will be paid within 30 days (one month) after the referred employee’s 30th day of employment at Pamper.
- The hiring of a referred manicurist must occur within 180 days (six months) of the initial referral date.
- The referral must represent the candidate’s first contact with Pamper. Temporary, summer, contract and former employees of Pamper are not eligible candidates for referral awards.
- The referring candidate must agree to have his/her name used for introduction.
- The first person to refer a candidate will be the only referring person eligible for the referral award.
- Only candidates who meet the essential qualifications for the Pamper Professionals position will be considered.
- All information regarding the hiring decision will remain strictly confidential.
- The referring person need not work for or ever have worked for Pamper.
- Any Non-Pamper employee is eligible for the award, with exception given to Pamper Professionals
- The award will be granted following the adherence to these rules and approval from the Chief Executive.
- The award amount is subject to change without notice.