Parlour Booking Website Terms of Use
JUNE 2021
The following Terms of Use (this “Agreement”) govern and regulate your access to and use of www.Parlour Booking.com and all affiliated websites owned and operated by Preshit Creations (as defined in the subsequent paragraph), including all subdomains, subdirectories, mobile sites, and mobile applications thereof (collectively, the “Parlour Booking Website”). This Agreement is made between Parlour Booking website operated by Preshit Creations and you, whether you are an End User or a Partner (as defined in Section 1 of this Agreement).
In this Agreement, if you are located within the Indian territory, “we” and “Parlourbooking” means Preshit Creations, a company under the Registrar of Companies of India. For Consumers located outside of the Indian Territory, “we” and “Parlourbooking” means The Preshit Creations Jaysingpur, Taluka-Shirol, District – Kolhapur (Maharashtra) India
If you are an End User, your use of the Parlour Booking Website is also governed by the Parlour Booking Terms of Use. If you are a Partner, your use of the Parlour Booking Website is also governed by the Parlour Booking Partner Terms of Use.
In order to use the Parlour Booking Website, you must agree to these Terms of Use. They contain many legal disclosures that you should read carefully, including terms that specify permissible uses of
the Parlour Booking Website. By accessing the Parlour Booking Website, you agree that you are authorized to accept
the terms set forth below on behalf of yourself and agree to these Terms of Use, our Privacy Policy,
the Parlour Booking Terms and Conditions, and any additional policies publicly available on the Parlour Booking Website.
If you do not agree to be subject to these Terms of Use, your sole recourse is not to use the Parlour Booking Website. By continuing to use the Parlour Booking Website, you agree to be bound by this Agreement.
1. Definitions
Terms in the preamble and elsewhere in this document have their assigned meanings, and each of the following terms has the meaning assigned to it.
Consumer or End User or means a user of the Parlour Booking Website other than Partners; i.e. consumers whose intention is to discover Partners and book appointments through the Parlour Booking Website. Partner means a service provider using the Parlour Booking Website, and whose business is listed on the Parlour Booking Website.
2. Description of the Parlour Booking Website
We provide the Parlour Booking Website to make it easy for Consumers to book beauty services online with our participating Partners through the Parlour Booking Website. The Parlour Booking Website includes a consolidated
list of Partners, which you may browse and book through the Parlour Booking Website. The Parlour Booking Website also provides notifications, alerts and confirmations.
3. Availability of the Parlour Booking Website
You acknowledge that there may be interruptions in the delivery of the Parlour Booking Website that are beyond our control. While we use reasonable efforts to keep the Parlour Booking Website accessible, the Parlour Booking Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to the Parlour Booking Website may be interrupted, suspended or terminated.
Preshit Creations retains the right at our sole discretion to deny access to the Parlour Booking Website to any End User or Partner, at any time and for any reason. Preshit Creations is not required to disclose the reason for denial of access to the Parlour Booking Website to any party.
4. Operation of the Parlour Booking Website
We reserve complete and sole discretion with respect to the operation of the Parlour Booking Website. We may, among other things:
(a) delete email or private messages if it has not been accessed by an End User within the time established by our policies;
(b) make available to third parties information relating to the Parlour Booking Website and End Users (subject to the limitations defined in our Privacy Policy);
(c) withdraw, suspend or discontinue any functionality or feature of the Parlour Booking Website; and
(d) review uploaded files, forums, chats and user submissions and authorize restrictions on access thereto.
5. Ownership
Your access to the Parlour Booking Website is not available for sale to any third parties. The content and information available on the Parlour Booking Website, as well as the infrastructure used by the Parlour Booking Website, and all materials therein or transferred thereby and all intellectual property rights related thereto, are the exclusive property of Preshit Creations. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such intellectual property rights and you agree not to modify, adapt, edit, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software, products or services obtained from or through the Parlour Booking Website.
6. Parlour Booking Code of Conduct
All interactions with the Parlour Booking Website must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of the Parlour Booking Website, we may limit your privileges on the Parlour Booking Website and seek other remedies. Please do not engage in the following activities, as they are prohibited on the Parlour Booking Website and constitute express violations of the Agreement:
● Submitting any inaccurate information, committing fraud or falsifying information in connection with your account on the Parlour Booking Website;
● Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
● Attempting to scan, or test the security or configuration of the Parlour Booking Website or to breach security or authentication measures without proper authorization;
● Tampering or interfering with the proper functioning of any part, page or area of the Parlour Booking Website and any and all functions and services provided by Parlour Booking;
● Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to the Parlour Booking Website, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Parlour Booking Website;
● Disseminating or transmitting material that, to a reasonable person, may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
● Disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any third party;
● Using the Parlour Booking Website or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with the Parlour Booking Website;
● Reselling or repurposing your access to the Parlour Booking Website or any purchases made through the Parlour Booking Website;
● Using the Parlour Booking Website or any of its resources to solicit End Users, Partners or other business partners of Parlour Booking to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Parlour Booking, including without limitation, aggregating the services offered from Partners;
● Using any End User or Partner information from the Parlour Booking Website for any commercial purpose, including, but not limited to, marketing;
● Using any Parlour Booking account to purchase vouchers for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Parlour Booking Website;
● Accessing, monitoring or copying any content or information from the Parlour Booking Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
● Violating the restrictions in any robot exclusion headers or bypassing or circumventing other measures employed to prevent or limit access to the Parlour Booking Website;
● Taking any action that places excessive demand on the Parlour Booking Website, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
● Aggregating any live or post-feature content or other information from the Parlour Booking Website with material from other sources or on a secondary website or medium without our express written permission;
● Acting illegally or maliciously against the business interests or reputation of Preshit Creations or our Partners;
● Hyperlinking to the Parlour Booking Website from any other website without our initial and ongoing consent; or
● Engaging in any other activity deemed by us to be in conflict with the spirit or intent of these Terms of Use.
7. Parlour Booking Account
For opening of parlour booking Account.
1. Each and every customer have to provide full name, Address, birthdate, mobile number, Email Id, profile photo for better communication with Partner and for opening of account.
2. We are not providing this information for any cost to third party but we presume that while opening the account you have given the consent to provide & share this information to the Partners.
7.1 Creating a Parlour Booking Account
If you create an account for the Parlour Booking Website, you may only create and hold one (1) account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other Consumer or Partner. If you violate any of these limitations, we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless if we formally invite you to do so. If you commit fraud or falsify information in connection with your use of the Parlour Booking Website or in connection with your account on the Parlour Booking Website, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages caused by your conduct, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Parlour Booking Website. In such case you are liable to prosecute in court of law at Jaysingpur, Taluka- Shirol, District - Kolhapur (Maharashtra).
7.2 Account Communications
By creating an End User account, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, WhatsApp Messages and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by Preshit Creations, you understand and agree that you may receive automated SMS or MMS messages or communications generated by automatic telephone dialing systems and/or communications containing pre-recorded messages sent by or on behalf of Preshit Creations, or its Partners, including but not limited to: appointment confirmations or notifications, communications concerning your End User account or use of the Parlour Booking Website, updates concerning new and existing features, communications concerning promotions run by us or our Partners, and news concerning Preshit Creations and industry developments. IF YOU WISH TO OPT-OUT OF EMAIL, TEXT, OR OTHER COMMUNICATIONS, PLEASE CONTACT US DIRECTLY AT preshitcreations228822@gmail.com. However, you acknowledge that opting out of texts may lead to missed appointment notifications or other important notifications or updates, and in general impact your use of the Parlour Booking Website as an End User.
8. Intellectual Property
8.1 Ownership
(a) Everything located on or in the Parlour Booking Website is the exclusive property of Preshit Creations or is being used with permission. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of the Parlour Booking Website without the express written permission of Preshit Creations is prohibited. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties and actions.
(b) The Parlour Booking Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Parlour Booking Website are protected by copyright as a collective work under the copyright laws. Preshit Creations owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of Preshit Creations or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Parlour Booking Website.
(c) Preshit is a trademark owned by Preshit Creations Mauli complex, C.S No. 1693, Lane no 12th Jaysingpur, Taluka -Shirol, District – Kolhapur, Maharashtra. This trademark, together with other trademarks that are located within or on the Parlour Booking Website otherwise owned or operated in conjunction with Preshit Creations shall not be deemed to be in the public domain but rather the exclusive property of Preshit Creations unless such mark is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Preshit Creations unless otherwise stated.
(d) You will not upload, post or otherwise make available on the Parlour Booking Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Preshit Creations does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Parlour Booking Website, you warrant that the owner of such material has expressly granted Preshit Creations the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant Preshit Creations the right to edit, copy, publish and distribute any material that you make available on the Parlour Booking Website.
8.2 Copyright Policy
Preshit Creations reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights. If you believe that any material has been posted via the Parlour Booking Website in a way that constitutes copyright infringement, you shall provide Preshit Creations with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Parlour Booking Website of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. (e) Contact information for notice of claims of copyright infringement is: preshitcreations228822@gmail.com IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES. Please note that this procedure is exclusively for notifying Preshit Creations and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Preshit Creations rights and obligations, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations. Preshit Creations has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Parlour Booking may also at its sole discretion limit access to the Parlour Booking Website and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9. Disclaimer of Warranty
9.1 Interpretation
You expressly agree that use of the Parlour Booking Website is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARLOUR BOOKING WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither Preshit Creations, its subsidiaries, affiliates or any of their respective staff members, agents, Partners, third-party content providers or licensors, or any of their officers, directors, staff members or agents, warrant that use of the Parlour Booking Website will be uninterrupted or error free. The Parlour Booking Website is made accessible on an "as is" and "as available" basis. Preshit Creations hereby disclaims any representations, warranties and conditions, whether express or implied, including those to title non-infringement, merchantability, and fitness for a particular purpose. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
9.2 No Implicit Warranties
The information presented or contained in the Parlour Booking Website is presented for informational purposes only. No information, whether oral or written, obtained by an End User from a Partner, a Partner from an End User, or from the Parlour Booking Website will create any warranty not expressly stated in this Agreement.
10. End User Communication
Preshit Creations in some instances allows you and other End Users to use the Parlour Booking Website to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms, reviews, or other communication facilities that may be offered on or through the Parlour Booking Website from time to time (collectively "Communities"). Preshit Creations shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Preshit Creations, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Preshit Creations shall have the right, but not the obligation, to remove any material from the Communities that Preshit Creations, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, "Statements"), are those of the respective author(s) or distributor(s) and not of Preshit Creations.
11. Websites of Others
The Parlour Booking Website, may contain links to websites maintained by third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. Preshit Creations also takes no responsibility nor liability for the content presented on those websites. If you decide to access websites maintained by other parties, you do so at your own risk and you understand that this Agreement and Parlourbooking website operated by Preshit Creations Privacy Policy do not apply to your use of such websites or links.
12. Public Nature of Your Statements
You understand and agree that all Statements, any comments or reviews you post on the Parlour Booking Website, and any information contained in a Consumer’s information profile on the Parlour Booking Website are public and not private. Any other person (whether or not a user of the Parlour Booking Website) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Policy or otherwise) in your Statements. Preshit Creations does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulti