Terms of Use - gofashionr

These Terms of Use ("Terms") govern your use of the gofashionr platform, including our website (www.gofashionr.com) and mobile applications (collectively, the "Services"). The Services are provided by gofashionr, a company operated by [Your Full Name], a sole proprietor based in [Your City], India ("gofashionr", "we", or "us"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

The Services include:

1. Booking appointments with participating salons and spas ("Partners") through the gofashionr platform ("Booking Services").

2. Facilitating payments for these bookings via third-party payment processors ("Payment Services").

3. Any other features or services we may offer through the platform.

These Terms apply to all users, including consumers booking appointments ("Users") and Partners offering services. Please also review our Privacy Policy, which explains how we collect, use, and share your information.

1. Acceptance of Terms

By using the Services or logging in or clicking "continue", “accept” or “agree” to these Terms, you:

• Acknowledge that you have read, understood, and agree to be bound by these Terms.

• Represent that you are of legal age (at least 18 years old) and not prohibited by Indian law from using the Services.

• If registering as a Partner, confirm you have the authority to act on behalf of your business.

Note: These Terms include an arbitration clause and class action waiver (see Section 10). Please read them carefully.

We may update these Terms from time to time. We will notify you of changes by posting the updated Terms on the Services and, where possible, via email. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services.

2. Services Description

gofashionr provides an online platform that allows Users to discover and book appointments with Partners and facilitates payments for these bookings. We are not a salon or spa ourselves; we act as an intermediary connecting Users and Partners. The availability of appointments and the quality of services are determined by the Partners, not gofashionr.

3. User Accounts

To use the Services, you must create an account ("Account") by providing accurate, current, and complete information ("Registration Data"). You agree to:

• Update your Registration Data to keep it accurate and current.

• Maintain the confidentiality of your Account password and accept responsibility for all activities under your Account.

• Notify us immediately at [contact@gofashionr.com] of any unauthorized use of your Account or security breaches.

We reserve the right to suspend or terminate your Account if your Registration Data is inaccurate or if you violate these Terms.

4. Booking Services

4.1 Appointment Booking

Users can book appointments with Partners through the Services. Availability is confirmed at the time of your request. Upon booking, we will send you a confirmation via email or through the platform. By using the Booking Services, you agree to receive these confirmations.

4.2 Cancellation and No-Show Policy

To ensure a high-quality experience for Users and Partners:

• You must cancel appointments at least 24 hours in advance via the Services or by contacting the Partner directly.

• Failure to cancel on time or missing an appointment ("No-Show") may result in a cancellation fee (up to 100% of the service cost) charged by the Partner, and/or suspension of your Account.

• Partners may require a valid payment method to secure your booking, which we will use as outlined in our Privacy Policy.

We are not liable for any fees charged due to your failure to cancel in accordance with a Partner’s policy.

4.3 Usage Guidelines

You agree to use the Booking Services only to book legitimate appointments and to honor them by arriving on time and paying the Partner for the services provided. Reselling appointments is prohibited and may result in cancellation of your bookings or termination of your Account.

5. Payment Services

5.1 General Description

The Payment Services allow Users to pay for bookings through the gofashionr platform using third-party payment processors (e.g., Razorpay, Paytm). To use the Payment Services, you must:

• Provide valid payment method information (e.g., credit/debit card, UPI).

• Have an Account in good standing.

There are no additional fees from gofashionr for using the Payment Services, though standard third-party processor fees and your mobile carrier’s data charges may apply.

5.2 Payment Authorization

When you book an appointment, you authorize gofashionr to charge your payment method for the full service amount, which we process via third-party providers. You represent that:

• You are legally authorized to use the payment method.

• There are sufficient funds available to complete the transaction.

5.3 Receipts and Refunds

We will email you a receipt upon successful payment. Refunds are subject to the Partner’s refund policy, which will be disclosed at the time of booking. We do not process refunds directly; any refund disputes must be resolved with the Partner.

5.4 Payment Processing Liability

Payments are handled by third-party processors. We are not liable for:

• Errors or delays in payment processing.

• Insufficient funds, expired payment methods, or issues beyond our control (e.g., network outages).

• Any disputes between you and the Partner regarding payment.

If a payment fails, you remain responsible for settling the amount directly with the Partner.

5.5 Chargebacks

If a payment is reversed or disputed ("Chargeback"), we may:

• Deduct the Chargeback amount from future payments to the Partner.

• Require you or the Partner to resolve the dispute directly with each other. We are not a party to Chargeback disputes and reserve the right to recover any associated costs from you or the Partner if liable.

6. User Conduct

You agree not to:

• Use the Services for any illegal purpose or in violation of Indian laws.

• Post harmful, obscene, defamatory, or infringing content (e.g., reviews).

• Interfere with the Services’ operation (e.g., via hacking, viruses, or excessive load).

• Resell or misuse bookings or content from the Services.

If you submit reviews or other content ("User Content"), you:

• Grant gofashionr a non-exclusive, royalty-free, worldwide license to use, reproduce, and display it.

• Warrant that your User Content does not infringe on third-party rights. We may remove User Content that violates these Terms at our discretion.

7. Intellectual Property

All content on the Services (e.g., text, logos, designs) is owned by gofashionr or our licensors and protected by Indian copyright and trademark laws. You may not copy, modify, or use this content without our written permission, except for personal use as intended by the Services.

8. Liability Limitations

To the maximum extent permitted by Indian law:

• Service Interruptions: We are not liable for delays, interruptions, or errors in the Services due to factors beyond our control (e.g., internet failures, third-party processor issues).

• Partner Services: We are not responsible for the quality, safety, or legality of services provided by Partners. Any disputes about Partner services must be resolved directly with them.

• Damages: gofashionr shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Services, even if we are informed of the possibility of such damages.

• Cap on Liability: If liability cannot be excluded, our total liability to you shall not exceed INR 1,000 or the amount you paid for your most recent booking, whichever is less.

The Services are provided "as is" without warranties of any kind, express or implied (e.g., merchantability, fitness for a particular purpose).

9. Terms for Partners

If you are a Partner (salon or spa), the following additional terms apply:

• Account Registration: You must provide accurate business information and update it as needed.

• Service Listings: You are responsible for the accuracy of your service listings and availability.

• Booking Obligations: You agree to honor all bookings made through the Services and provide services professionally.

• Payments: We will collect payments from Users and remit them to you within 7 business days, minus a [X]% commission fee (to be specified). Chargebacks may be deducted from future payments.

• Compliance: You must comply with all applicable Indian laws and regulations.

• Termination: We may remove you from the platform if you violate these Terms or for any other reason at our discretion.

10. Dispute Resolution

Any dispute arising from these Terms or the Services shall be resolved through binding arbitration in Jammu, India, under the Indian Arbitration and Conciliation Act, 1996. The arbitration will be conducted by a single arbitrator appointed by the Indian Council of Arbitration, in English.

• Individual Basis: Disputes must be resolved individually, not as a class or collective action. You waive any right to participate in class actions.

• Exceptions: Claims for defamation, intellectual property infringement, or emergency equitable relief may be brought in courts in [Your City], India.

• Costs: Each party bears its own legal fees unless otherwise required by law.

If any part of this arbitration clause is invalid, the remainder remains enforceable. If arbitration is not permitted, disputes shall be resolved in courts in [Your City], India.

11. Changes to Terms

We reserve the right to update these Terms at any time. Updated Terms will be posted on our platform, and we are not obligated to provide further notice. Your continued use of our Services after the updated Terms take effect constitutes your acceptance of the changes.

12. Miscellaneous

• Governing Law: These Terms are governed by the laws of India, without regard to conflict of law principles.

• Severability: If any provision is found invalid, the remaining provisions remain in effect.

• Entire Agreement: These Terms, along with our Privacy Policy, constitute the full agreement between you and gofashionr.

• Termination: We may suspend or terminate your access to the Services at any time for violating these Terms or for any other reason, without liability to you.

• Contact: For questions or notices, email us at support@gofashionr.com or support@gofashionr.in.