1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES
1.1 ABOUT OUR SERVICES
The terms and conditions stated hereby (the “Agreement”) constitute a legal agreement between you (“User”) and The Ritualist, Inc. (“We” or “Ritualist” or “Company”), a Delaware corporation. The Agreement applies to your use of: (1) the Ritualist website at https://www.theritualist.com and all affiliated websites owned and operated solely by Ritualist (collectively, the “Ritualist Website”); (2) the appointment booking engine made available by Ritualist through the Ritualist Site and the application for smartphone devices (collectively, the “Ritualist Application”.
By using or receiving any services supplied to you by the Company, the Ritualist Website and/or downloading, installing or using the Ritualist Application (collectively the “Service”) you are indicating your acceptance of this agreement and your agreement to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at https://www.theritualist.com/terms. Your continued use of this site and/or service after the modification of this agreement means that you accept such changes. Accordingly, you«re advised to consult this agreement each time you access the site and/or service in order to view any changes to this agreement. If you require any more information or have any question, please feel free to contact us by email at [email protected]
1.2 DESCRIPTION OF SERVICES
The Company offers various Services to help its users find and book quality Spa treatments on demand and on location. Spa treatments include but are not limited to: facials, body treatments, waxing, manicure, pedicure, massage (collectively “Treatments”). Treatments are performed by third party estheticians or massage therapists (collectively, “Spa Service Provider” or “Provider”)
When User requests to book a Treatment through the Website or Application, Ritualist directly notifies Providers of the user booking request. A Provider may accept or reject a User booking request in his or her sole discretion. A Provider at no time shall be required to accept a User booking request.
Each Provider shall be free in his or her sole discretion to determine at what times and what dates he or she will make himself or herself available on the Ritualist Site and Ritualist App to receive and accept booking requests from Users.
1.3 LIMITATIONS OF OUR SERVICES
THE COMPANY DOES NOT PROVIDE SPA SERVICES, THE COMPANY IS NOT A SPA SERVICES PROVIDER AND THE COMPANY DOES NOT EMPLOY SPA SERVICE PROVIDERS. IT IS UP TO SPA SERVICE PROVIDER TO OFFER SPA SERVICES WHICH MAY BE SCHEDULED THROUGH THE USE OF THE SOFTWARE OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY SPA SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SPA SERVICES OR ACT IN ANY WAY AS A SPA SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SPA SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
The Service is a communications and booking platform for individuals looking to get spa services and/or qualified individuals looking to provide spa services. The company checks the qualifications of the spa service providers by requesting a copy of their professional State License Number; however, the Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality, timeliness or suitability of such spa service providers.
1.4 USER RESPONSIBILITIES
When interacting with spa service providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other person whom you don’t know.
By using the service, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved.
NEITHER THE COMPANY, NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WEATHER ONLINE OR OFFLINE, OF ANY USER OR PROVIDER OF THE SERVICE. THE COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
2. ELEGIBILITY TO USE THE SERVICES
To be eligible to use our Services, you must meet the following criteria:
Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet the above age requirements, do not register to use the Site or Services.
Neither you nor any member of your household may have ever been(i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or(ii) registered, or currently required to register, as a sex offender with any government entity.
Should Ritualist determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation, or have mis-used or mis-appropriated Site content, Ritualist reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Ritualist Site and/or App, and/or to terminate your registration in Ritualist, with or without notice.
In any event, Ritualist also reserves the right, in its sole discretion, to terminate your access to all or part of the Ritualist Site and/or App, to remove your profile and/or any content posted by or about you from the Site and/or App, and/or to terminate your registration in the Ritualist, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Our decision to terminate an individual’s registration does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
5. PAYMENT & REFUND POLICY
In order to use the Ritualist services, you must provide credit card or debit card information for at least one operational and valid credit card or debit card through the Ritualist site and/or Application. You may add, delete, and edit the credit card or debit card information you have provided through the Ritualist Site or Application.
Any fees which Ritualist may charge you for the Service are due immediately upon completion of your booking.
In the event a User desires to cancel an appointment, such cancellation will be at no charge to the User if cancelled within the first ten (10) minutes of a confirmed booking or 24 hours prior to the appointment starting time. If the cancelation occurs between 24 and 4 hours prior to the appointment starting time, user will be charged 50% of the total cost of the services as a cancellation fee. If a cancelation occurs less than 4 hours prior to the appointment starting time, user will be charged 100% of the total cost of the services as a cancellation fee.
This cancelation policy may apply at all times regardless of your decision to terminate your usage, the Company«s decision to terminate your usage, disruption caused to our Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website or the app may not reflect the prevailing pricing.
The Company, at its sole discretion, may make promotional offers to any of our customers. These promotional offers, except when made to you, shall have no bearing on your offer to contract. The Company may change the fees for our Service as we deem necessary for our business.
To the extent permitted by applicable law and subject to our Ritualistacy policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments.
6. RELEASE OF LIABILITY
EACH USER IS SOLELY RESPONSIBLE FOR (I) HIS OR HER USE OF THE SITE OR SERVICE, AND (II) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SITE OR SERVICE. NONE OF THE RITUALISY PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SITE OR SERVICE, EXCEPT TO THE EXTENT SUCH DAMAGES ARE DETERMINED BY A COURT OF COMPETENT JURISDICTION TO HAVE ARISEN DIRECTLY FROM A WILLFUL BREACH BY THE RITUALIST OF ANY OF ITS EXPRESS OBLIGATIONS HEREUNDER. IN THE EVENT OF SUCH A FINDING, THE AGGREGATE LIABILITY OF THE RITUALIST PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED THE AMOUNT PAID BY YOU TO THE RITUALIST FOR THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, NONE OF THE RITUALIST PARTIES SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF THE RITUALIST OR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NONE OF THE RITUALIST PARTIES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF SERVICES PROVIDED BY ANY OF THE RITUALIST PROVIDERS ACCESSED THROUGH THE SITE.
YOU HEREBY RELEASE THE RITUALIST AND HOLD ITS LICENSORS AND SUPPLIERS AND PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES PROVIDED. YOU WAIVE THE PROVISIONS OF, OR BENEFITS OR RIGHTS CONFERRED UNDER, ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE (HOWEVER, IF YOU RESIDE IN A STATE THAT DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, THE RITUALIST’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US $100.00.
YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SPA SERVICES MADE AVAILABLE TO YOU BY THE RITUALIST AND THE POSSIBLE RISKS INVOLVED IN USING SUCH SERVICES. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES. YOU ALSO REPRESENT THAT YOU HAVE READ THIS ENTIRE WAIVER AND LIABILITY RELEASE, OR HAD IT READ TO YOU, THAT YOU FULLY UNDERSTAND IT AND THAT YOU INTEND TO RELIEVE THE RITUALIST, ITS DIRECTORS, OFFICERS AND EMPLOYEES AND ITS SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, LOSS OF PROPERTY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE, TO THE EXTENT ALLOWED BY LAW. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE FOREGOING WAIVER AND RELEASE SHALL BE DETERMINED BY ARBITRATION IN NEW YORK COUNTY, STATE OF NEW YORK BEFORE A SINGLE ARBITRATOR HAVING EXPERIENCE IN THE FINANCIAL SERVICES INDUSTRY. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES.
Ritualist shall not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Ritualist’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays Ritualist in fulfilling its obligations hereunder.
INDEMNIFICATION AND RELEASE
You shall defend, indemnify and hold The Ritualist, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys’ fees and lost revenues) arising from: (i) any and all breaches by you of this Agreement or any representation, warranty or covenant contained herein; (ii) any and all use of the Service not specifically authorized hereunder and on the Site; and (iii) any and all claims and actions against The Ritualist by other parties to whom you allow access to the Site or Service.
You further waive, release and forever discharge The Ritualist and its officers, agents, employees, representatives, executors, affiliates, and all others acting on their behalf (individually and collectively, the “Released Parties”), from any and all responsibility or liability for injuries or damages resulting from your participation in the activities of The Ritualist and/or any Ritualist Services, including injuries or damages caused by the negligent act or omission of the Released Parties or in any way arising out of or connected with your participation in any activities of Ritualist and/or any program or services offered by Ritualist.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.
7. DISPUTE RESOLUTIONS
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 The Ritualist 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 Ritualist must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR RITUALIST 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, Ritualist 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) Ritualist 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 Ritualistilege and Ritualistacy 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 Ritualist 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 Ritualist 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.
8. GOVERNING LAW AND JURISDICTION
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.
9. COPYRIGHT NOTICES/COMPLAINTS/TRADEMARKS
It is the Company’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting the Ritualist at [email protected] and providing the following information: – Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. – Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. – Your name, address, telephone number and (if available) e-mail address. – A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. – A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf. – A signature or the electronic equivalent from the copyright holder or authorized representative. In an effort to protect the rights of copyright owners, Care.com maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
The Ritualist Application may use GPS locator capabilities to identify your current location. You hereby expressly consent to receive SMS text messages from Ritualist regarding the Ritualist Member Services and as otherwise described in our Ritualistacy policy. The communication standards for the Ritualist Member Services include, but are not limited to: SMS, GPS, and web-based browser technology. In order to use the Ritualist Application, you must maintain an active account with a carrier of electronic communications through mobile devices.
11. CONTACT INFORMATION
Notices to you may be issued by Ritualist via e-mail or by surface mail to your address on file with Ritualist, at Ritualist’s sole discretion. Notices to The Ritualistl by you shall be by email to [email protected], or by recognized overnight express service, certified or registered mail, or personal delivery (in which case such notice shall be deemed given on the date of personal delivery, one business day after being deposited with the overnight express service, or five days after being deposited in the certified or registered mail).