1. OUR COMPANY
a. We are Saloonite.com (or "Saloonite", "Website", "Site"). The content, functionality, services provided on these pages and through our website Saloonite.com, are owned by S.C. SALOONITE SRL-D (or "we", "us", the "Company") which is a private limited company, registered with the trade register of Commerce in Bucharest, Romania under the unique registration code 33660593 as of 06.10.2014 with Commerce order number J40/11553/06.10.2014.
a. This Agreement will remain in full force and effect while you use the Website and/or are a Member or have a subscription. You may terminate your membership and/or subscription at any time, for any reason, by using the "Delete account" button from your profile page or by "contacting Us". We may terminate your membership and/or subscription; we are not required to provide you notice prior to terminating your membership and/or subscription if we, the Company, believes that you have breached this Agreement or that we believe your presence on our website is in our detriment. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
b. If you cancel your membership via the Website, we may ask you to provide a reason for your cancellation. If you cancel your subscription/membership, the Company requires a reasonable amount of time to process the action.
3. ACCOUNT SECURITY
a. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Service will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
b. You are responsible for any actions inflicted to you as a result of your personal data publicly present on our website. We strongly recommend to keep private all sensitive data.
4. OUR SERCIVE
a. Saloonite is not only a free worldwide online appointment scheduling website dedicated to persons who want to self-book for a wide range of services, but also an online portfolio for all small businesses, entrepreneurs, talented professionals or artists that fit our categories. On Saloonite.com, depending on your users type you can: search for businesses, professionals, jobs, make appointments, apply for jobs, give reviews and interact with other users at different levels.
b. We reserve the right to change or remove any part of the website, including users and user generated content without any further notice and will not be held responsible for any data loss.
c. We reserve the right to fully/partially stop the website for maintenance, changes, without any further notice and will not be held responsible for any data loss or complete or partial service unavailability.
d. Although you can contact us through our "Contact Us" page or email for any problem or inquiry and we will try to assist you, we are not responsible or obligated for providing any customer support, bug fixes, documentation or any other type of support. In other words, will will try to help you but we are not obligated to do so.
e. The Terms and conditions apply to all users(members or not) that access and use Saloonite.com website, their created content on the website, as well as all services offered through our website.
3. WEBSITE USAGE, CONTENT AND USER INTERACTION
a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE SERVICE CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. SALOONITE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. SALOONITE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. SALOONITE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to SALOONITE, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify SALOONITE of such change. You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
c. You understand and agree that we reserve the right, but have no obligation, to monitor the information or content that is being submitting to the Services or post in the public areas of the Services. We have the right but have no obligation to remove any such information or content with no any explanations and notifications.
d. By posting Content to any public area of SALOONITE, you automatically grant, and you represent and warrant that you have the right to grant, to SALOONITE, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by SALOONITE will not infringe or violate the rights of any third party.
f. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that: is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; has features of porno or adult content, including, but not limited, content that represent sexual act, naked genitals etc.
g. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
h. IN NO EVENT SHALL SALOONITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IN ADDITION, YOU AGREE TO REVIEW SALOONITE SAFETY TIPS PRIOR TO USING THE SERVICE. YOU UNDERSTAND THAT SALOONITE MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
i. Saloonite may automatically translate your name, city or any othe information to other languages. You agree to not hold Saloonite responsible for any translation errors or problems occurring from the translation process.
j. Saloonite may send you notifications of other users(but not limited to this type of notifications) interacting with your user (in a mail or on the website) or high importance messages that may interest and benefit you. Saloonite reserves the right to categorise what actions are important or not.
k. On our website there are four types of users:
• Visitor: a user that has accessed the website and has NOT logged in and he is NOT able to make appointments, post content, reviews or interact(like/comment/send message) at any level with users on Saloonite. By definition, he is not a member on Saloonite.com .
• Business: a company that registers and logs in as a business user. This user has the facility to create services, jobs, post content, add one or multiple professionals (create a team) and offer the services (as the service owner) through our website and interact with other users on Saloonite.
• Personal: a registered personal user that wants to post content. He can be self-employed and/or work for one or multiple businesses or none of the previous. This user can apply for job openings posted by businesses, post content, create services(as the service owner) and interact with other users on Saloonite. If the professional user works at a business he is partially accountable for the service delivery and not Saloonite.
l. As a registered user you agree to use a valid email address and data, and are completely responsible for all content provided and of any actions that you make on Saloonite.com using your account. Where actions and generated content are classified as the following (but not limited only to these): uploaded photos/videos, share contend from other websistes on the Internet, post comments, tagging, likes, following, appointments, cancelling appointments, making services, adding employees, deleting employees, making schedules, creating reviews, marking reviews as useful, creating jobs, posting content, applying for jobs etc.
m. As a Personal account you agree to show up for reservation or cancel it within appropriate time interval stated by the service provider. By using the appointment service provided by us (Saloonite) you enter in an agreement with the service provider (Business users) found on our website and agree that we will not be held responsible for any inconvenience caused by the service owner (Business users), service provided or not showing up to the appointment.
n. As a Business or Self Employed Personal Account user, you are responsible to fulfil the requested appointments for the services you offer, and Saloonite will not be held responsible for any inconvenience caused by clients or any other users and their content added on the website Saloonite, content that may or may not be in direct or indirect relation with your person or business.
o. User generated content on our website may contain links to other websites that are not controlled or owned by Saloonite, and for which Saloonite will not assume any responsibility regarding their content. You, the user, by using our website agree to not held responsible our website or company for any third-party website accessed through Saloonite.com
p. You agree not to cause any harm, alter, modify or cause any other destructive actions against our website. We reserve the right to classify your actions as harmful and to take, appropriate actions, as decided by us (the Saloonite team).
q. Content found on our website may contain data that is inaccurate and for which Saloonite will not assume any responsibility and will not be held responsible.
r. By using the "Claim Business" button, you agree that you are the owner of the business to be claimed and agree that an account will be opened for you in case to decide to continue the claiming business process.
s. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by SALOONITE, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SALOONITE does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will SALOONITE or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
t. The Service is not taking any responsibility for user actions(listed in this paragraph but not limited to them). If you do not agree, fully or partially, PLEASE LEAVE THE WEBSITE IMMEDIATELY;
7. RANKING AND GUESTS REVIEWS
a. You may leave a short review(Impression) and rank(1 to 5 star ranking) to the service provider (business & professionals). The review content is entirely on the client responsibility and Saloonite will not be held responsible for the inconvenience resulted by a review.
b. Saloonite operates an algorithm for the automatic calculation of activity your user is getting on our website ("popularity"). The algorithm automatically determines the popularity based on user interaction and activity with your account.
c. We reserve the right to change the Popularity algorithm at any time and you agree to not make Saloonite responsible for any popularity change due to algorithm change.
d. We reserve the right to take any necessary actions against users that try to influence the organic grow of the popularity.
4. INTELLECTUAL PROPERTY RIGHTS
a. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The Company will terminate the accounts of repeat infringers.
b. Our website and the intellectual property rights (including the copyrights) of the contents and information of any material found on our website are owned by Saloonite SRL-D, or posted on Saloonite from one of our service providers and cannot be used without our consent. You are not allowed to copy or use our website content in your own benefits or deliver it to third parties.
c. The only allowed action of externalizing Saloonite content is by using the built in share function.
5. FREE OF CHARGE
b. We will not charge you for using our website to promote your services as a business or self-employed professional, or make appointments as clients.
c. On Saloonite.com there is no online payment method implemented. Charging for the service provided is held by the business owner and is completely his responsibility to ask for payment and receive it. Saloonite will not be held responsible for no paid appointments or clients that did not show up for appointments. Likewise, clients are responsible for service payment and any inconvenience will be dealt with the service owner directly.
d. We reserve the right to change/add/remove, all of the above, found under this paragraph. You acknowledge that SALOONITE could change its charging policy and are free to cancel your membership at any time if this affects you in any way.
a. You are solely responsible for your interactions with other Saloonite users. Saloonite reserves the right, but has no obligation, to monitor disputes between you and other users and take actions that would benefit the Company.
c. In order to protect the integrity of the Service, Saloonite reserves the right at any time in its sole discretion to block Members(users) by their email or from certain IP addresses from accessing the Website.
a. SALOONITE is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. SALOONITE is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. SALOONITE assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. SALOONITE is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will SALOONITE or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and SALOONITE expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SALOONITE cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
b. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or ANY other advice. SALOONITE makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
9. LIMITATION ON LIABILITY
a. Except in jurisdictions where such provisions are restricted, in no event will SALOONITE be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if SALOONITE has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, SALOONITE liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to SALOONITE for the Service during the term of membership.
b. TO THE MAXIMUM EXTENT ALLOWED BY ANY APPLICABLE LAW, THE COMPANY PROVIDES THE WEBSITE AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
10. INDEMNITY BY YOU
a. You agree to indemnify and hold Saloonite, its subsidiaries, affiliates, officers, agents, owners, founders, programmers and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
b. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement