Terms of Services
Last amendment: 13 August 2020
The website www.myhomecuts.com (the “Website”) is owned and operated by HomeCuts Gents Salon, d/b/a HomeCuts, a sole establishment in Dubai, the United Arab Emirates (“we”, “us”, “our”, “HomeCuts”). HomeCuts uses the Website and the associated mobile applications (the “Applications”) to provide on-demand grooming services at the addresses of our clients (the grooming services, the Applications, and the Website are hereinafter referred to as the “Services”).
Please note that some of the Services may be governed by additional terms (“Supplemental Terms”). The Supplemental Terms constitute parts of this Agreement.
You are not allowed to use the Services and accept this Agreement if you are less than 18 years old. Users using the website who are under the age of 18 shall not register as a User of the website and shall not transact on or use the website. However, if you are a parent or a guardian of persons under the age of 18, you are allowed to use the Services on behalf of such persons.
In case you do not agree with one or more provisions of this Agreement, please do not use or access the Services.
BEFORE ACCESSING OR USING THE SERVICES, PLEASE READ THIS AGREEMENT IN DETAIL.
PLEASE NOTE THAT THIS AGREEMENT INCLUDES: (I) A CLAUSE REQUIRING BINDING ARBITRATION TO RESOLVE DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT; AND (II) A WAIVER OF A CLASS ACTION.
1.1 In order to register an Account, you need to complete a registration form, thus providing HomeCuts with certain information about yourself. By completing the registration form, you warrant and represent that: (a) the information submitted by you is correct and up-to-date; (ii) you will update the information in order to ensure that it is correct and up-to-date.
1.2 You are allowed to create an Account for yourself only. You are not allowed to create accounts in the name of third parties.
1.3 One Account per individual or legal entity is permitted.
1.4 You may delete your Account at any time by sending an email to [email protected]
1.5 HomeCuts may suspend or terminate your Account in accordance with this Agreement.
1.6. If your Account was terminated by HomeCuts or you have been banned from using the Services, you must not create an Account to use the Services.
1.7 The user is solely responsible for (i) keeping the Account login credentials and (ii) for all activities conducted by the user by using the Account.
1.8 The user must immediately notify HomeCuts if he notices any security weakness associated with his Account or believes that his account was used without authorization. The user agrees that HomeCuts shall not be liable if the user does not comply with the obligations mentioned in the preceding sentence.
2.1 The Services allow the user to receive grooming services at the address of the user. Such grooming services are provided by the employees of HomeCuts (collectively referred to as “HomeCuts Barbers” and each individually as a “HomeCuts Barber”). Each HomeCuts Barber is carefully selected and has undergone a comprehensive training program to ensure the quality and the hygiene of the grooming services as well as training on ethics and behavior for home services.
2.2 HomeCuts offers grooming services exclusively to male adults and kids. The grooming services include, but are not limited to, haircuts, beard trimming, shaves, shaping, hairstyling, hair coloring, manicures, and pedicures. As a supplement to its grooming services, HomeCuts sells a range of hair & skin care products for men.
2.3 You can purchase our grooming services by using a subscription plan or as a non-plan service service. HomeCuts offers different subscription plans (e.g., Value Plans, Family Plans, Premium Plans, and Custom Plans). Each subscription plan, depending on the plan, is valid for a period of one month or three months commencing at the time of the purchase. Each non-plan service service is valid for a period of one month commencing at the time of the purchase. HomeCuts reserves the right not to compensate the user for any expired, unscheduled, or missed grooming services included in a subscription plan or a non-plan service service. Such services will not be carried over to another billing cycle.
2.4 You can subscribe for a subscription plan by using the Applications. Users who use subscription plans are entitled to a reduction of 15% or more for (i) our grooming non-plan service services and (ii) the hair & skin care products for men offered by us. A user of our subscription plans or non-plan service services is entitled to use his remaining unused services for different people and/or different addresses. HomeCuts reserves the right to change the percentage of the reduction at any time for any reason.
2.5 Custom Plans allow you to select one or more specific grooming services which you would like to get. Once purchased, a Custom Plan covering the duration of your subscription cannot be modified. However, the user is free to modify the Custom Plan after the expiration of the duration of the Custom Plan. You can easily upgrade to a higher tier plan by (i) going to the “Plans” functionality in the Services, (ii) selecting your Custom Plan, and (iii) editing your Custom Plan in accordance with your needs. The changes will apply after the expiration of the duration of the then-current Custom Plan. Each Custom Plan needs to include at least two (2) main services per month. For the purposes of this Agreement, the term “main service” refers to hair and beard styling services, manicure, pedicure, hair dye, and facial services. For the purposes of this Agreement, the term “main service” does not include kids hair cuts or styling services. For the purposes of this Agreement, the term “kids” refers to persons who are at or under the age of 12.
2.6 Although HomeCuts functions as a licensed men’s barbershop and nail salon, HomeCuts cannot be responsible for your personal safety and property. Therefore, please exercise common sense and caution to protect your belongings and safety when you interact with HomeCuts Barbers, just as you would do if you meet any individual who you do not personally know. Please note that our staff, including our HomeCuts Barbers, are carefully selected and undergo a training instructing them on to exercise proper and ethical conduct when providing the grooming services.
2.7 BY ACCESSING OR USING THE SERVICES, THE USER AGREES TO HOLD HOMECUTS FREE FOR ANY DAMAGE, INJURY, LOSS, OR LIABILITY ARISING OUT OF OR IN RELATION TO THE SERVICES. YOU HEREBY AGREE THAT HOMECUTS SHALL NOT BE RESPONSIBLE FOR THE CONDUCT (OFFLINE OR ONLINE) OF ANY USER. THE USER ALSO AGREES THAT HOMECUTS SHALL NOT BE LIABLE FOR ANY DAMAGE, INJURY, LOSS, OR LIABILITY ARISING OF OR IN RELATION TO (I) THE CONDUCT OF OUR EMPLOYEES AND (II) THE GOODS OR TOOLS USED BY OUR EMPLOYEES.
2.8 HomeCuts reserves the right to cancel all promotional services at any time. HomeCuts will not provide any promotional value adjustments or credits in the event HomeCuts cancels a free promotional service.
2.9 The grooming services provided by HomeCuts cover most areas of Dubai. For more specific information about the territory on which the grooming services are provided and for answers on various questions related to the Services, please see our Frequently Asked Questions (FAQ) document available at http://www.myhomecuts.com/faqs.
2.10 Users are not allowed to transfer, rent, or sell their subscription plans, the grooming services, and any parts of the Services. In case of a breach of the preceding sentence by the user, HomeCuts reserves the right to immediately terminate the subscription plan(s) concerned and/or terminate this Agreement.
REMOVE THIS CLAUSE
2.11 Each hair cuts or styling service for kids needs to be booked together with one of the following services which must be provided during the same visit by the same HomeCuts Barber: (i) an adult’s cut (hair or beard); (ii) a second hair styling service for kids; (iii) hair dye; or (iv) a facial service.
2.11 Delivery policy: We deliver haircare & skin Products to Dubai only. Shipping will be done by a third-party courier.
Delivery within Dubai shall be in 2-3 working days. Dubai Delivery Fees will be a Flat Rate of AED: 7. Avoid any delivery delay by providing your full address along with your contact details.
3. Payment terms
3.1 You can purchase a subscription plan or use a non-plan service service by using (i) a valid credit card (Mastercard or Visa) or (ii) Apply Pay (https://www.apple.com/apple-pay/). The agreement concluded between your payment provider and you governs the use of your payment method and you need to refer to that agreement to determine your rights and liability regarding the use of your payment method. Visa or MasterCard debit and credit cards in AED will be accepted for payment. The currency accepted for payments is UAE Dirahms. The Cardholder must retain a copy of transaction records and Merchant policies and rules. Multiple bookings, orders, shipments may result in multiple postings to the cardholder’s monthly statement.
3.2 You can purchase our grooming services and hair & skin care products for men offered by HomeCuts by using the instructions provided on the Website and in the Applications. By adding your payment information in our secure payment gateway, you (i) authorize HomeCuts to immediately invoice your Account for all payable and due fees and charges and (ii) agree that no further consent is required for invoicing your Account for all payable and due fees and charges. The Services allow you to view all your past invoices. Payments for a monthly subscription plan or a 3-month subscription plan will be automatically billed prior to the commencement of the relevant plan. The payment for a monthly subscription plan will cover a period of one month, whereas the payment for each 3-month plan will cover a period of 3 months. If a user would like to stop the automatic billing of his payment method, he needs to cancel, subject to Section 4 of this Agreement, his subscription plan prior to the next billing cycle.
3.3 The user shall immediately notify HomeCuts in case of any changes in (i) the billing address of the user or (ii) the address of the user included in the payment method used by the user to make payments under this Agreement.
3.4 HomeCuts reserves the right to change the pricing for (i) the grooming services offered by HomeCuts and (ii) the hair & skin care products for men offered by sale of HomeCuts by updating the price list available on the Website and the Applications and without any notice to the user, provided that the changed pricing will not affect any services or goods purchased by the user prior to the notice.
3.5 If you order a grooming service or a hair & skin care product, you agree to pay HomeCuts the applicable prices as listed on the Website and/or the Applications. We will automatically bill the payment method submitted by you when purchasing the relevant goods or grooming services and each time you purchase goods or grooming services thereafter. Once the payment is made, a confirmation email will be sent to you via email within 24 hours of receipt of payment.
3.6 All payments to HomeCuts are non-refundable, except in cases when (i) HomeCuts cancels your appointment or, (ii) for another reason, HomeCuts agrees, in its sole discretion, to provide you with a refund of one or more payments. Requests for refund for services should be submitted within a time period of 48 hours commencing on the date of the any service purchases made. Refunds will be made onto the original mode of payment and will be processed within 10 to 45 days depends on the issuing bank of the credit card. Any requests for refunds for services or products submitted 48 hours before a scheduled service will not be granted.
For products purchases HomeCuts accepts returns within 7 days of receipt, only if their delivery packaging has not been opened or the products are damaged or wrong product. Please notify us and return the box in its original packaging. In such instances, we will endeavor to send you another or refund the payment. We can only accept returns of products that have not been tampered with, are sealed and remain in the original packaging. If all these conditions are met, please ship your products back to us using a registered courier service and we will issue a full refund. Please note that we reserve the right to refuse any returned shipments if the product has been used or tampered with. Shipping & Handling fees are non-refundable and should be borne by the user.
3.7 All fees charged by HomeCuts exclude duties, levies, taxes, and other charges imposed by governmental authorities and the user is solely responsible for paying such duties, levies, taxes, and other charges.
3.8 You agree that, if you do not pay any amount when due, you will need to pay a monthly interest at the rate of 1,5% of that amount or the maximum legal rate (if less than 1,5%). In case we cannot charge the payment method provided by you, we will inform you by email about the failure to charge your payment method and will send you a link asking you to update your payment information.
4. Rescheduling & Cancellations
4.1 You are allowed to reschedule booked grooming services no later than 24 hours before the starting time of the services. The rescheduled date must be in the billing cycle (1 month or 3 months, depending on the subscription plan) of the cancelled appointment.
4.2 The user may cancel a purchased subscription plan or a non-plan service service within a time period of 48 hours commencing on the time of the purchase. Requests for refunds for subscription plans and non-plan service services that have been made later than 48 hours from the purchase date or 48 hours before a scheduled date of service will not be granted.
4.3 Hair & skin care products that are sealed and in their original state may be returned within a time period of 7 days commencing on the date of receiving them. HomeCuts will refund the full price of such returned products.
5. Tipping Policy
5.1 The Applications allow you to tip our HomeCuts Barbers. If you give a tip to a HomeCuts Barber, he will receive the entire tip.
5.2 Tipping is “voluntary” and “not required”. This means that the payments made to HomeCuts under this Agreement is sufficient to compensate our HomeCuts Barbers. Although you are free to provide tips to HomeCuts Barbers, you are not required to do so.
6. Feedback policy
6.1 The user is allowed to leave feedback regarding the Services. HomeCuts reviews the received feedback on a daily basis.
6.2 By providing HomeCuts with feedback in respect to the Services, the user authorizes HomeCuts to use the feedback for any legitimate purposes and grants all rights necessary for HomeCuts to use the feedback for all legitimate purposes. The feedback submitted by you will not be treated as proprietary and confidential information. The user agrees not to submit any feedback that includes proprietary or confidential information.
7. Referral policy
7.1 Each user who has an Account and has made at least one purchase from HomeCuts is entitled to refer others by using the “Refer a Friend” functionality of the Applications. The referred person and the referring person each will receive referral credits which entitle them to a discount amounting to AED 50 on the next two orders with HomeCuts.
7.2 The referral credits will be applied automatically when the user entitled to the discount makes a new order. Each referral credit is valid for a period of 30 days commencing on the date when it is acquired.
7.3 By using the Applications, the user can see the number referral credits to which he is entitled. The user cannot earn referral credits by referring to himself. HomeCuts reserves the right to cancel referral credits at any time.
7.4 Once a user redeems a referral credit, HomeCuts will not provide further promotional value adjustments, even if the user requests such adjustments for his dissatisfaction with the Services.
8. Promo code policy
8.1 The user can insert in the Applications promo codes issued by HomeCuts. If (i) an inserted promo code entitles the user to get a discount for a specific service and (ii) the user purchases that service, the discount will be applied to the price of the service. Each promo code can be used once. Two or more promo codes cannot be used to receive a discount in a single transaction. Each promo code can be redeemed once per account.
8.2 The user agrees: (i) not to, without the prior written agreement of HomeCuts, sell, duplicate, alter, or redistribute the promo codes in any manner; (ii) that HomeCuts may disable the promo codes at any time without a notice to the user; (iii) to use the promo codes in a lawful manner and exclusively for the purposes for which they are provided; (iv) that HomeCuts issues promo codes only in accordance with this Agreement and any applicable Supplemental Terms; (v) that promo codes may expire prior the user starts using them; and (vi) that promo codes do not have a cash equivalent;
8.3 We reserve the right to deduct or withhold credits or other benefits obtained through the use of promo codes if we believe, in our sole discretion, that the promo codes were used in error, unlawfully, or in a breach of this Agreement.
8.4 Once a user redeems a promo code, HomeCuts will not provide further promotional value adjustments, even if the user requests such adjustments for his dissatisfaction with the Services.
9. Obligations of the user
9.1 In order to receive grooming services provided by HomeCuts, the user agrees to:
(i) ensure that the space where the grooming services will be provided will be: (a) reasonably comfortable, safe, and clean; (b) free of conditions that will hamper the smooth provision of the grooming services; (c) have access to bathroom facilities; (d) is in close proximity to an electrical outlet; (e) has access to a sink with cold and hot running water
(ii) abstain from and cause other individuals in the company of the user to abstain from any conduct or speech in the presence of HomeCuts Barbers that can be reasonably be regarded as indecent, abusive, intimidating, hostile, unethical, harassing, or otherwise offensive;
(iii) confine all his pets (if any) to a room different than the room where the grooming services will be provided;
(iv) ensure that child care is provided to children younger than 18 years if such children are present in the space where the grooming services will be provided. The childcare will ensure that children will not be harmed by the equipment of our HomeCuts Barbers.
9.2 HomeCuts reserves the right to terminate the provision of grooming services to anyone who does not comply with the terms of this Agreement. Furthermore, we may, in our sole discretion, terminate the provision of grooming services if our HomeCuts Barbers feel uncomfortable or unsafe in the space where the grooming services will be provided.
9.3 Users who purchase our grooming services in Dubai, the United Arab Emirates, need to ensure that the space where the grooming services will be provided complies with all health and safety rules in Dubai. Such rules include, without limitation, rules requiring functional plumbing, water and ventilation systems as well as a non-corrosive waste container which can be used for disposing hair clippings.
10. Warnings about the hazards of the COVID-19 virus
10.1 According to the World Health Organization, the COVID-19 virus caused a worldwide pandemic. Various local, state, governmental, and intergovernmental organizations recommend social distancing as a method to decrease the chance of an infection with COVID-19. HomeCuts and our HomeCuts Barbers apply stringent preventive measures to prevent infections with COVID-19. Nevertheless, HomeCuts cannot guarantee that our users will not be infected with COVID-19 by our HomeCuts Barbers or other persons associated with HomeCuts.
10.2 By making an order for grooming services provided by HomeCuts, you:
(i) certify that you are ordering an essential service as defined by the law applicable to you;
(ii) you agree to comply with all applicable health requirements aiming to prevent the spread of COVID-19;
(iii) you acknowledge that you do not exhibit any COVID-19 symptoms. Such symptoms may include, but are not limited to, dry cough, shortness of breath, or fever;
(iv) acknowledge that COVID-19 is contagious and assume the risk that you can be infected by or exposed to COVID-19 during or in relation to the provision of the grooming services by HomeCuts;
(v) you acknowledge that an infection with COVID-19 may lead to death, disability, injury, or illness;
(vi) you agree to assume the entire risk of becoming infected by COVID-19 during or in relation to the provision of the grooming services of HomeCuts, irrespective of whether such an infection is caused by the negligence, acts, or omissions of you or others.
(viii) agree to release and hold harmless HomeCuts, its directors, employees, officers, and other related parties from all damages, liabilities, claims, actions, expenses, costs, or other charges of any kind arising out of or in relation to your use of the grooming services provided by HomeCuts. The release mentioned in the preceding sentence includes, but is not limited to, any claims based on negligence, actions, or omissions of HomeCuts, its directors, employees, officers, and other related parties, irrespective of whether the COVID-19 infection occurred prior, during, or after the use of the grooming services provided by HomeCuts.
11. Licenses and restrictions
11.2 Subject to the terms and conditions of this Agreement, HomeCuts grants you a non-transferable, non-exclusive license to use, download, and install the Applications on a single mobile device or a computing device on which you are entitled to use the Services.
11.3 If you use any Applications downloaded or accessed from the Apple App Store (the “App Store Applications”), you agree to use the App Store Applications only in accordance with the Terms of Service of the Apple App Store and on Apple devices based on the operating system iOS.
11.4 You are not allowed to:
(i) modify, reverse compile, disassemble, reverse engineer, or make derivative works of, any parts of the Services;
(ii) copy, download, distribute, display, reproduce, post, transmit, republish any of the Services by using any means and in any form, unless otherwise stated in this Agreement;
(iii) use the Services with the aim to offer competing services;
(iv) transfer, license, sell, host, rent, distribute, or otherwise use the Services for any commercial purpose;
11.5 You agree that any update of the Services will be governed by the terms of this Agreement.
11.6 You agree to keep intact any copyright and other legal notices placed on the Services.
11.7 HomeCuts reserves the right, without or with a prior written notice, to suspend, discontinue, and modify the Services at any time. Unless otherwise stated in this Agreement, HomeCuts shall not be liable to you or others for any suspensions, discontinuation, or modification of the Services.
11.8 HomeCuts is not required to provide any maintenance or support with regard to the Services.
12. Ownership in the Services
12.1 Except for the user-generated content, the user acknowledges that all intellectual property rights, including, without limitation, trade secrets, copyrights, know-how, trademarks, and patents are intellectual property of HomeCuts or its licensors.
12.2 Unless otherwise stated in this Agreement, HomeCuts does not assign any intellectual property rights to you or third parties. All rights associated with the Services are reserved by HomeCuts and its licensors.
13. User-generated content
13.1 For the purposes of this Agreement, the term “user-generated content” means any content submitted by a user through the Services or through HomeCuts’ social network pages associated with the Services (“HC Pages”).
13.2 The user is the owner of his user-generated content. HomeCuts is not under obligation to archive any user-generated content and reserves the right to delete such content at any time. If the user wishes to do so, he may create archive copies of user-generated content.
13.3 The user grants HomeCuts the right to use and reproduce the user-generated content on the Services and the HomeCuts Pages.
13.4 All risks pertaining to your user-generated content should be assumed by you.
13.5 You shall be solely responsible for any claims, damages, and other costs associated with your user-generated content, including, but not limited to, claims related to the inaccuracy and incompleteness of your user-generated content and claims related to the unlawfulness of your user-generated content.
13.6 The user warrants and represents that the user-generated content will not violate the terms of this Agreement and any applicable laws.
13.7 You are not allowed to represent or imply that HomeCuts endorses or sponsors the user-generated content.
13.8 The user grants to HomeCuts a royalty free, worldwide, irrevocable, and non-exclusive license to copy, distribute, perform, publicly display, sublicense, modify, include in other works, and otherwise use the user-generated content for any legitimate purposes related to the inclusion of the user-generated content in the Services.
13.9 The user irrevocably waives any moral and attribution rights related to the user-generated content.
14. Fair use policy
14.1 The user agrees not to use the Services for the purpose of distributing, collecting, uploading, displaying, or transmitting any user-generated content that:
(i) is harmful, abusive, pornographic, harassing, obscene, unprofessional, threatening, sexually explicit, vulgar, or otherwise offensive;
(ii) violates the rights of third parties, including, but not limited to, privacy rights, publicity rights, and intellectual property rights.
(iii) is unlawful, e.g., violating any local, state, federal, laws and regulations;
14.2 The user agrees not to use the Services to: (i) prevent other users from using the Services; (ii) obtain unauthorized access or control over the Services or computer systems and networks associated with the Services; (iii) collect data about the users of the services without their prior written consent; (iv) distribute computer malware, such as Trojans, computer viruses, and spyware or use software to hamper the operation of computer systems; (v) send spam or other unsolicited messages, including, but not limited to, chain letters and messages advertising fraudulent schemes; (vi) violate any rules applying to computer systems and computer networks; (vii) register two or more Accounts, conducts automated searches, or harvest data from the Services.
14.3 HomeCuts provides operators of public search engines a revocable license to use bots with the aim to include the Website and its pages in the public search engines, provided that they do not create archives or caches of the Website and its pages.
15. Measures in respect to user-generated content
15.1 HomeCuts has the right, but not the obligation, to monitor the user-generated content.
15.2 HomeCuts may, in its sole discretion, investigate any actual or suspected violations of user-generated content and take appropriate action against you if we believe that your user-generated content violates this Agreement or causes damages or losses to HomeCuts or a third party.
15.3 If we believe that your user-generated content violates this Agreement or causes damages or losses to HomeCuts or a third party, we can remove/modify your user-generated content or terminate your Account. HomeCuts reserves the right to inform the relevant government authorities about violations of laws relating to your user-generated content.
15.4 Unless otherwise stated in the applicable law, HomeCuts may disclose to third parties information about the Services and the user-generated content with the aim to: (i) ensure your compliance with the obligations in this Agreement; (ii) respond to allegations that your user-generated content infringes on the rights of others; (iii) comply with all applicable laws; (iv) protect the safety, assets, and the rights of HomeCuts, HomeCuts Barbers, the users of the Services, and others.
16.1 The user agrees to indemnify and hold HomeCuts and its directors, employees, officers, and related parties harmless from any claims of third parties arising out of or in relation to: (i) the violation of this Agreement by the user; (ii) the use of the Services by the user; (iii) the breach of any applicable laws by the user; and (iv) the user-generated content. HomeCuts may, at the expense of the user, take control of the defense of any matter that is covered by the indemnification clause in the preceding sentence. In case HomeCuts takes control over such a matter, the user shall cooperate with HomeCuts in respect to the defense of the matter. The user agrees not to settle any matter covered by this indemnification clause without concluding a prior written agreement with HomeCuts.
17. Links to third party websites
17.1 The Website may contain links to websites, materials, and advertisements (“third party content”) owned and operated by third parties. HomeCuts has no control over such third party content and you agree not to hold HomeCuts liable for any claims, damages, and other charges related to third-party content.
17.2 HomeCuts provides third-party content for convenience purposes only. The availability of third-party content on the services does not constitute an endorsement or approval of such content. Please note that HomeCuts neither monitors nor reviews third-party content. HomeCuts does not make any warranties or representations with regard to third-party content, including, but not limited to, warranties for fitness for a particular purpose. You assume the entire risks associated with the use of third-party content.
17.3 Please note that the third-party content may be governed by separate legal documents, including, but not limited to, privacy policies and terms and conditions statements. Before using the third-party content, please carefully read the legal documents applying to such content.
18. Interactions with other users
18.1 You acknowledge and agree that each user is responsible for the user-generated content generated by him. HomeCuts does not make any guarantees regarding the currency, correctness, and the fitness for particular purpose of any user-generated content. HomeCuts shall not be responsible for any user-generated content.
18.2 If you interact with other users of the Services, you agree that those interactions are solely between you and other users and HomeCuts shall not be responsible for any damages or losses caused by the interactions.
18.3 HomeCuts is under no obligation to interfere in or resolve disputes between users.
19. App Store Applications
19.1 With regard to App Store Applications, you acknowledge that: (i) this Agreement is concluded between the user and HomeCuts; (ii) Apple Corporation’s App Store is not a party to this Agreement.
19.2 HomeCuts, not the Apple Corporation’s App Store, is responsible for the Services.
19.3 The use of the Services require WI-FI access and the user is responsible for paying all fees associated with such access.
19.4 If Apple Corporation’s App Store requires the user to pay any fees to use the Services, the user is responsible for paying those fees.
19.5 Apple Corporation’s App Store and related third parties constitute third party beneficiaries to this Agreement and have the right to enforce this Agreement.
19.6 Users of App Store Applications agree and acknowledge as follows:
(i) Apple is not required to provide any support or maintenance services with regard to App Store Applications;
(ii) If an App Store Application does not comply with the provisions of any relevant warranty, the user may inform Apple about that and Apple will provide the user with a refund of the purchase price of the App Store Application. Apart from the refund mentioned in the preceding sentence, Apple shall not have other warranty obligations pertaining to the App Store Application.
(iii) If a third party claims that the App Store Application is violating the rights of any third party, HomeCuts shall have the responsibility to investigate the matter and shall be responsible for the discharge, settlement, and defense of such claims.
(iv) The user must ensure compliance with any third-party agreements that govern the App Store Application.
20. Release of rights
20.1 The user releases and forever discharges HomeCuts and its directors, employees, officers, and related parties from any claims, liabilities, actions, and other legal matters that arise out of or in relation to any third-party content and interactions between users of the Services.
21.1 HOMECUTS PROVIDES THE SERVICES ON AN “AS-IS” AND “AS AVAILABLE” BASIS. HOMECUTS EXPRESSLY DISCLAIMS ANY CONDITIONS OF ANY KIND (BOTH IMPLIED AND EXPRESS), INCLUDING, BUT NOT LIMITED TO, THE CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS, AND NON-INFRINGEMENT.
21.2 HOMECUTS DOES NOT WARRANT THAT THE SERVICES WILL: (1) BE RELIABLE, LEGAL, FREE OF MALWARE, SAFE, AND COMPLETE; (2) MEET THE EXPECTATIONS AND THE NEEDS OF THE USER; (3) WILL NOT BE INTERRUPTED; AND (4) WILL LACK ERRORS OR SECURITY ISSUES.
21.3 PLEASE NOTE THAT IMPLIED WARRANTIES CANNOT BE EXCLUDED IN SOME JURISDICTIONS AND, THEREFORE, THE EXCLUSION ABOVE MAY NOT BE APPLICABLE TO YOUR SITUATION.
22. Limitation of liability
22.1 UNDER NO CIRCUMSTANCES SHALL HOMECUTS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DAMAGES (SPECIAL, PUNUTIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY) OR LOST PROFITS THAT ARISE OUT OR IN RELATION TO THE USER’S USE OF THE SERVICES OR THE USER’S INABILITY TO USE THE SERVICES OR THIS AGREEMENT, EVEN IF HOMECUTS WAS ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY OCCUR.
22.2 THE USER AGREES THAT THE USER ASSUMES THE ENTIRE RISK ASSOCIATED WITH THE USER’S USE OF THE SERVICES AND THE USER SHALL BE RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTERS OR COMPUTER NETWORKS CAUSED BY THE USE OF THE SERVICES AS WELL AS FOR ANY LOSS OF DATA RESULTING FROM THE USER’S USE OF THE SERVICES.
22.3 WITHOUT PREJUDICE TO ANYTHING STATED IN THIS AGREEMENT, THE LIABILITY OF HOMECUTS TO THE USER FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT (IRRESPECTIVE OF THE CAUSE, FORM, AND BASIS OF THE ACTION) WILL BE RESTRICTED TO THE GREATER OF (1) THE FEES THE USER PAID TO US IN THE PRIOR 12 MONTHS OR (2) THE SUM OF AED 100. THE LIMITATION MENTIONED IN THE PRECEDING SENTENCE SHALL NOT BE EXPANDED EVEN IF MORE THAN ONE CLAIM IS EXISTING.
22.4 THE USER EXPLICITLY AGREES THAT ANY HOMECUTS’ EMPLOYEES SHALL NOT HAVE ANY LIABILITY UNDER THIS AGREEMENT.
22.5 SINCE SOME JURISDICTIONS DO NOT PERMIT LIABILITY EXCLUSIONS OR LIMITATIONS, SUCH LIMITATIONS MAY NOT APPLY IN YOUR CASE.
23. Term of this Agreement
23.1 This Agreement shall be valid until the user uses the Services.
24.1 HomeCuts may, at any time, with and without cause, terminate this Agreement or suspend the Services. For example, HomeCuts may terminate this Agreement if you use the Services contrary to the terms of this Agreement.
24.2 After we terminate this Agreement, your right to use your Account and the Services will be automatically terminated.
24.3 If HomeCuts terminates your Account, HomeCuts will also delete your user-generated content. HomeCuts shall not be liable for the deletion of your user-generated content as well as for the termination of this Agreement and your Account.
24.4 After this Agreement is terminated, all provisions of this Agreement shall automatically be terminated, with the exception of the provisions that by their terms survive the termination of this Agreement.
25.1 HomeCuts created a copyright policy allowing copyright owners to protect their intellectual property rights and remove infringing materials. Anyone who believes that one of our users uses the Services in such a way as to infringe on the intellectual property rights of others can submit a notification to HomeCuts. After receiving the notification, HomeCuts may remove the content that allegedly infringes the copyright of others.
25.2 The copyright infringement notification needs to be submitted to our copyright agent specified below and needs to contain the following information:
(i) identification of your copyrighted materials which are allegedly infringed;
(ii) identification of the materials that infringe on your copyright;
(iii) information required to identify the materials mentioned in (i) and (ii) above;
(iv) a statement that the use of the allegedly infringing material was not authorized by law, by the copyright holder, or the agent of the copyright holder;
(v) a statement that the information included in the notification is accurate;
(vi) a statement that the submitter of the notification declares that, under penalty of perjury, he is the owner of the copyrighted material that have been infringed or that the submitter is entitled to act on behalf of the copyright owner.
(vii) the e-mail address, telephone number, and the physical address of the submitter of the notification; and
(viii) the signature (electronic or physical) of the submitter of the notification.
25.3 HomeCuts hereby informs you that, if you misrepresent in writing that the content of others is copyright infringing, you may be liable for damages incurred in relation with such misrepresentations.
26. Changes to this Agreement
26.1 HomeCuts may change this Agreement from time to time. If HomeCuts changes this Agreement, HomeCuts may publish a notice of amendment on the Website and/or send you an email notification to the email address you provided to HomeCuts. The amendments will become effective after the expiration of a time period of 30 days commencing on the date when we send you a notice or when we publish a notice of amendment on the Website. Since we may send a notice of amendment to the email address of the user, the user is responsible for providing HomeCuts with a current email address. You hereby agree that, if the last email address provided by you to HomeCuts is not valid or unable to receive our notification, HomeCuts’ dispatch of the notification will constitute an effective notice.
26.2 If you continue using the Services after the amendments become effective, you agree to the amendments and agree to be bound by them.
27.1 Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this contract or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth under the DIAC Arbitration Rules (“the Rules”), by one or more arbitrators appointed in compliance with the Rules.
27.2 ANY CLAIMS BROUGHT BY HOMECUTS OR YOU MUST BE BROUGHT IN THE INDIVIDUAL CAPACITIES OF THE PARTIES, AND NOT AS CLASS MEMBERS OR PLAINTIFFS IN ANY PURPORTED COLLECTIVE, REPRESENTATIVE, OR CLASS PROCEEDING. THE PARTIES AGREE THAT THE ARBITRATOR SHALL NOT BE ENTITLED TO CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON. THE PARTIES AGREE THAT THE ARBITRATOR SHALL NOT BE ENTITLED TO PRESIDE OVER ANY FORM OF CLASS, REPRESENTATIVE, AND COLLECTIVE PROCEEDING AND SHALL NOT BE ENTITLED TO AWARD CLASS-WIDE RELIEF.
28. Governing law
28.1 This Agreement is governed by the laws of Dubai, the United Arab Emirates our country of domicile.
29. Entire Agreement
Yes! You are able to subscribe to multiple plans at one time under one account.
30.1 No failure by HomeCuts to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.
31.1 For the sake of brevity, this Agreement uses the words “he” and “him” when “he or she” and “her or him” are meant.
32.1 Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
33. Independent contractor status
33.1 The parties are independent contractors, and this Agreement does not make the user an employee, partner, agent of, or joint venturer with, HomeCuts for any purpose. The user is, and will remain, an independent contractor in the user’s relationships to HomeCuts.
34.1 The user is not entitled to assign his rights and obligations under this Agreement, without the prior written consent of HomeCuts. If the rights and obligations assigned under this Agreement are assigned, they shall be binding on the assignees.
35. OFAC & Sanctioned Countries
35.1 HomeCuts will not trade with or provide any services to OFAC and sanctioned countries.
Last amendment: 20 December 2020
1. Collection of information
1.1 HomeCuts collects information provided directly by the user to HomeCuts. Such information may include, but is not limited to, information which you provide us when you register or update your user account, communicate with our customer support team, request us to provide you with grooming services. The information collected in accordance with the preceding sentence may include, but is not limited to, phone numbers, names, email addresses, postal addresses, photos, and other information which you decide to provide to us.
1.2 HomeCuts collects the following information when you use the Services:
(i) information about the location of your computing device. In case you prefer not to provide us with such information, please do not use the Services;
(ii) information about the activities conducted by you during your use of the Services;
(iii) information about your use of apps, services, and websites operated by third parties;
(iv) information about your interaction with the Services. This can, for example, be done through the use of pixel tags, cookies, and similar technologies;
(v) information about the computing devices used by you, e.g., information about your operating system, your IP address, and the versions of your operating system;
(vi) information about the services requested by you, e.g., the time and date when you requested a service, the amount paid by you, the distance travelled by our employers to the space where the services will be provided;
(vii) server logs, including, without limitation, information about your IP address, times and dates when you accessed the Services, the pages and the app features viewed by you, technical issues related to the Services, information about your browser, and information about the service or website which you used prior to starting using the Services; and
(viii) HomeCuts collects metadata and other information about the files which you store on your device.
1.3 HomeCuts may associate the promo codes used by you with the name of the user of the promo codes.
2. Tools for automatic data collection
2.1 HomeCuts uses the following tools for automatic data collection:
(i) Beacons. The Services may include beacons, i.e., small digital files that allow us to perform various functions, such as calculating the number of users who visit the pages including beacons;
(ii) Scripts. We use embedded scripts, i.e., programming code that allows HomeCuts to collect information about your use of the Services. For example, embedded scripts may allow us to know the links on which you click. Embedded scripts are usually deleted from your device once you are disconnected from the Services.
3. Collection of information by third parties
3.1 Certain third parties may automatically collect information while you are using the Services. An exemplary list of such third parties is provided below:
(i) payment processors which HomeCuts uses;
(ii) companies providing data analytics services;
(iii) advertisers, including, but not limited to, ad servers and ad networks;
(iv) mobile service providers; and
(v) mobile device manufacturers.
4. Purposes for data collection and processing
4.1 We use the information (including personal information) collected from you for the following purposes:
(i) to improve and personalize the Services;
(ii) to comply with the contractual obligations stemming from our contract with you;
(iii) to ensure the provision of the Services and other products/services requested by you;
(iv) to send you information about updates and modifications of the Services and other products/services requested by you;
(v) to prevent fraudulent activities related to the Services;
(vi) to resolve information security issues;
(vii) to conduct data analysis, research, and testing;
(viii) to inspect activity trends;
(ix) to send you information in which you may be interested;
(x) to implement promotional activities;
(x) to facilitate communications between (a) you and our employees and (b) between you and people whom you refer to us;
(xi) to collect and process payments in accordance with the contract concluded by and between HomeCuts and you;
(xii) to design and implement new features to the Services, including, but not limited to, safety features;
(xiii) to send receipts regarding the Services;
(xiv) to provide customer support and ensure user authentication;
(xv) to send administrative messages and other notices regarding the account of the user.
4.2 HomeCuts uses the usage information collected by us with the aim to improve the Services and the user experience. For example, we use the usage information for:
(i) examine the size of our audience and its usage patterns;
(ii) recognize the user when the user uses the Services;
(iii) provide our employees with information about the addresses of our clients who requested grooming services;
(iv) track the location our employees providing grooming services;
(v) store data about the preferences of the user; and
(vi) adjust the Services in accordance with your personal needs.
4.3 HomeCuts may use the collected information to contact the user about products and services offered by HomeCuts that may be of interest to the user. If the user does not want to receive such promotional materials, the user can unsubscribe by contacting us at the following email address: [email protected]
5. Disclosure of information
5.1 HomeCuts may disclose aggregated information about clients and employees which cannot be used to identify natural persons or computing devices. More specifically, we may disclose such information to third parties for data analysis (e.g., demographic profiling), for marketing purposes (e.g., sending you promotional materials), or for other legitimate purposes.
5.2 HomeCuts may disclose the collected personal information to:
(i) companies related to HomeCuts that provide goods and services pertaining the Services;
(ii) third parties to achieve the purpose for which the personal data was provided;
(iii) third parties to which, in accordance with your consent, we can provide your personal data;
(iv) governmental institutions and other third parties which can assist us with enforcing our rights, the rights of our employees, the rights of the users of the Services, and the rights of others;
(v) third parties which assist us with achieving any purpose disclosed by HomeCuts when you provide HomeCuts with your personal data;
(vi) companies that provide services on behalf of HomeCuts (e.g., data processing services);
(vii) companies which assist us with achieving logistics and data centralization purposes;
(viii) independent contractors and other third parties which provide us various support services and who are obliged to protect your personal information in confidentiality and use it exclusively for the purpose for which it was disclosed to them;
(ix) third parties if the personal data is anonymized in such a way as it cannot identify the data subject;
(x) third parties who will help us with the enforcement of our rights;
(xi) third parties who will assist us with billing you and collecting payments from you;
(xii) third parties who need to have the information in connection with any restructuring of HomeCuts (e.g., mergers, acquisitions, sales, and negotiations related to restructuring activities);
(xiii) third parties who will market their services and products to you if you agreed to such use of the data (HomeCuts requires third parties to keep such information in confidentiality and use it exclusively for the purpose for which it is disclosed to them);
(xiv) governmental authorities if HomeCuts believes, in its sole discretion, that such disclosure is required by law.
6. Social networks
6.1 Some of the Services may be integrated with social networks and other software applications that enable you to share your activities with other people. HomeCuts requests you to check the privacy policies of the respective applications before sharing any information by using them
7. Third party analytics
7.1 HomeCuts uses the data analysis services of third parties. Such third parties may use web beacons, cookies, and other tools to identify your device during your use of the Services and during your use of other services and websites.
8. The choices of the data subject
8.1 You can exercise certain choices over your personal data. Those choices are described in detail below.
8.2 If you would like to access or modify your personal data, you can visit your account profile page included in the Services. If you would like to access, change, or erase your personal data that is not available in your account profile page, please contact us at [email protected]. We will comply with your requests without undue delay pursuant to the applicable law.
8.3 In certain instances when your personal data is strictly necessary for the provision of the Services, we will need to delete your user account if you opt to delete your personal data that we store. We will inform you about the deletion of your user account (if necessary) by responding to your enquiry.
8.4 In certain cases your personal data may be stored by us even if you exercise your rights to delete your personal data. For example, HomeCuts may retain your personal data in order to pursue its legitimate business interests (e.g., for maintaining business records), where required by the applicable law (e.g., for accountancy purposes), or in order to enforce its contractual rights.
9. Location information & access to contact data
9.1 HomeCuts may access information about your location if you enable the location settings of your computing devices. You can always prevent us from collecting your location data by adjusting or disabling your device’s location settings. We will not collect your location data if you do not allow us to do so.
9.2 If you prevent HomeCuts from collecting your location information, HomeCuts may not be able to provide you with services that utilize your location data.
9.3 If necessary for the provision of the Services, HomeCuts may request you to provide access to the contact information stored on your device. You can approve or decline such request. Please note that HomeCuts may not be able to provide all services requested by you if the access to your contact information is disabled.
10. Commercial communication
10.1 In order to inform you about special offers, discounts, or new services, HomeCuts may send you commercial messages by email, SMS, or phone. You can opt out from such commercial messages at any time free of charge by following the instructions provided in those messages (e.g., by clicking on the “unsubscribe” link). You may also adjust commercial communications settings in your user account or by contacting us at [email protected].
10.2 To inform you about your orders or send service updates, HomeCuts may send you informational notices that do not fall within the scope of commercial communications. Please note that you cannot opt out from such notices as long as you maintain your user account or use the Services.
10.3 Advertising. HomeCuts may serve you personalized advertising based on your use of the Services or your online activity. You can control or opt out from such advertising by following the instructions provided by the Digital Advertising Alliance available at https://youradchoices.com. For more information on opting-out from advertising features on your device, please visit https://www.networkadvertising.org.
10.4 Controlling cookie data. If you would like to refuse non-essential cookies installed by the Services (e.g., marketing and analytics cookies), you have to decline them in your browser or device. Please note that some parts of the Services may not function properly if not all cookies are enabled. You can find further information on how to manage cookies on your browser at the following websites (please choose the relevant browser):
- Safari: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac
- Chrome: https://support.google.com/chrome/answer/95647
- Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
- Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
- Microsoft Edge: https://support.microsoft.com/en-us/help/4468242/microsoft-edge-browsing-data-and-privacy-microsoft-privacy
10.5 Commercial communication from third parties. Your personal data may be shared with third parties for advertising and marketing purposes. You can prevent such sharing at any time by adjusting the settings on your user account or contacting us at [email protected]. If you receive commercial communications from third parties, please contact those third parties directly and ask them to remove your contact details from their databases.
11. Security of Personal Data
11.1 To ensure that your personal data is safe and secure, HomeCuts implements industry appropriate up to date security measures, such as secure networks, strong passwords, limited access to your personal information by our staff, SSL encryption, and cooperation with third parties that can ensure an appropriate level of protection of your personal data.
11.2 All payment transactions regarding the services will be carried out by third party payment processors with whom HomeCuts cooperates. The third party payment processors will collect your payment data, including credit card data, as necessary for completing the payment transaction. All credit/debit cards’ details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any other third parties. HomeCuts will not pass any debit/credit card details to third parties.
HomeCuts takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, (MYHOMECUTS.COM) cannot guarantee the security of any information that is disclosed online.
11.3 HomeCuts cannot be liable for the security incidence that occurs outside its reasonable control. In order to prevent unauthorized access to your personal data, HomeCuts kindly asks you to use the services through a secure network only, keep your login details in strict confidentiality, and use up-to-date anti malware software. The merchant is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect.
13.1 The Services are not marketed and should not be used by persons under the age of 18. Therefore, HomeCuts does not collect personal data of persons under the age of 18. If HomeCuts becomes aware that a minor has provided it with personal data, HomeCuts will immediately delete such data from its systems and, if possible, prevent any further processing of such data.