This User Agreement along with Terms Of Service (collectively, the "User Agreement") forms the terms and conditions for the use of services of UNIXFEM Private Limited. Any person ("User") who inquiries about any services of UNIXFEM through its websites, mobile applications, sales persons, offices, call centers, branch offices, etc. (all the aforesaid platforms collectively referred to as "Sales Channels") agree to be governed by this User Agreement. The websites and the mobile applications of UNIXFEM are collectively referred to as 'Website'. Both User and UNIXFEM are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement. "Terms of Service" available on UNIXFEM website details out terms & conditions applicable on various services or products facilitated by UNIXFEM. The User should refer to the relevant Terms of Service applicable for the given product or service as booked by the User. Such Terms of Service are binding on the User.
ELIGIBILITY TO USE
The User must be atleast 18 years of age and must possess the legal authority to enter into an agreement so as become a User and use the services of UNIXFEM. If you are a minor or are below the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate your membership and/or block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of account is false. All rights and liabilities of the User and UNIXFEM with respect to any services or product facilitated by UNIXFEM shall be restricted to the scope of this User Agreement.
All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons and such similar content ("Content"), are registered by UNIXFEM and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein. User agrees to follow all instructions provided by UNIXFEM which will prescribe the way such User may use the Content. There are a number of proprietary logos, service marks and trademarks displayed on the Website and through other Sales Channels of UNIXFEM, as may be applicable. UNIXFEM does not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. UNIXFEM respects the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation which must include the following information; • Clear identification of such copyrighted work that you claim has been infringed; • Location of the material on the Website, including but not limited to the link of the infringing material; • The proof that the alleged copyrighted work is owned by you; • Contact information; The notices can be sent to UNIXFEM by email at firstname.lastname@example.org
The Website is meant to be used by bonafide User(s) for a lawful use. User shall not distribute exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever. Access to certain features of the Website may only be available to registered User(s). The process of registration, may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to UNIXFEM is true and accurate. UNIXFEM reserves the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever. UNIXFEM reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to email@example.com.
LIMITED LIABILITY OF UNIXFEM
Unless UNIXFEM explicitly acts as a online service provider in certain scenarios, UNIXFEM always acts as a facilitator by connecting the User with the respective service providers like salons, unisex salons, female parlours, spa etc. (collectively referred to as "Service Providers"). UNIXFEM liability is limited to providing the User with a confirmed booking as selected by the User. Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. UNIXFEM will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider. Unless explicitly committed by UNIXFEM as a part of any product or service: • UNIXFEM assumes no liability for the standard of services as provided by the respective Service Providers. • UNIXFEM provides no guarantee with regard to their quality or fitness as represented. • UNIXFEM doesn't guarantee the availability of any services as listed by a Service Provider. By making a booking, User understands UNIXFEM merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not UNIXFEM. Thus the ultimate contract of service is between User and Service Provider.
Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with the User Agreement. If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable thereto. The services are provided on an "as is" and "as available" basis. UNIXFEM may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. No advice or information, whether oral or written, which the User obtains from UNIXFEM or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services. User also authorizes UNIXFEM representative to contact such user over phone, message and email.
SECURITY AND ACCOUNT RELATED INFORMATION
While registering on the Website, the User will have to choose a password to access that User's account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify UNIXFEM immediately in writing of any unauthorized use of their password or account or any other breach of security. UNIXFEM will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User's knowledge. The User shall not use anyone else's account at any time. User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User's end. UNIXFEM keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., UNIXFEM may at times verify certain information of its Users like their credit score, as and when required. The data of the User as available with UNIXFEM may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.
FEES AND PAYMENT
In addition to the cost of booking as charged by the Service Providers, UNIXFEM reserves the right to charge certain fees in the nature of convenience fees or service fees. UNIXFEM further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User. In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, UNIXFEM shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to UNIXFEM. In cases where the short charge is claimed prior to the utilization of the booking, UNIXFEM will be at liberty to cancel such bookings if the amount is not paid before the utilization date. Any increase in the price charged by UNIXFEM on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law. In the rare circumstance of a booking not getting confirmed for any reason whatsoever, UNIXFEM will process the refund of the booking amount paid by the User and intimate the User about the same. UNIXFEM is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the service provider and UNIXFEM as the case may be. The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws The User agrees and understands that all payments shall only be made to bank accounts of UNIXFEM. UNIXFEM or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of UNIXFEM. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by UNIXFEM or to any personal account of any person, UNIXFEM shall not be held liable for the same. User shall not hold any right to recover from UNIXFEM any amount which is transferred by the User to any third party. The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of UNIXFEM. Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking. Booking(s) made by the User through UNIXFEM are subject to the applicable cancellation policy as set out on the booking page or as communicated to the customers in writing.
USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY UNIXFEM
UNIXFEM will send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or booking made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the User at the time of booking. UNIXFEM may also contact the User through the modes mentioned above for any pending or failed bookings, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by UNIXFEM are: • upon the request and authorization of the User; • 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI), and • in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
There can be exceptional circumstances where UNIXFEM and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, etc. or any other reason beyond the control of UNIXFEM. If UNIXFEM has advance knowledge of any such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective service operators. The User agrees that UNIXFEM being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds. The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, UNIXFEM obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge UNIXFEM from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
ADVERTISERS ON UNIXFEM WEBSITES
The Website may contain links to third party websites. UNIXFEM does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User's risk and UNIXFEM shall assume no liability for the same. UNIXFEM is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers. The linked sites are not under the control of UNIXFEM and hence UNIXFEM is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. UNIXFEM is providing these links to the Users only as a convenience.
RIGHT TO REFUSE
RIGHT TO REFUSAL BY UNIXFEM: UNIXFEM at its sole discretion reserves the right to not accept any booking without assigning any reason thereof. UNIXFEM will not provide any service or share confirmed booking details till such time the complete consideration is received from the User. In addition to other remedies and recourse available to UNIXFEM under this User Agreement or under applicable law, UNIXFEM may limit the User's activity, warn other users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Website if: • The User is in breach of this User Agreement; or • UNIXFEM is unable to verify or authenticate any information provided by the User; or • UNIXFEM believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other users of UNIXFEM, or UNIXFEM itself. If a User breaches this User Agreement, UNIXFEM reserves the right to recover any amounts due to be paid by the User to UNIXFEM, and to take appropriate legal action as it deems necessary. RIGHT TO REFUSAL BY END SERVICE PROVIDER: User agrees that that the end service provider may refuse to provide the service(s), agreed to be provided to the User, for any booking made through UNIXFEM with/without assigning any reasons or owing to reasons including but not limited to behavioural issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the end service provider as it is outside the purview of UNIXFEM and the User agrees that any claim, refund or damages against such refusal shall lie solely against the end service provider and not UNIXFEM.
FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES
UNIXFEM employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User's mobile or computer screen. Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.
COVID-19 RELATED TERMS & CONDITIONS:
User agrees that due to recent outbreak of COVID-19 pandemic, which has been declared as a national disaster by the Government of India, there may be instances, where the end service provider either cancels the booking or refuses to provide the services, as agreed with the User, by assigning or not assigning any specific reason for such refusal. Refusal of service may be due to the reasons including but not limited to the User: • exhibiting any symptoms associated with COVID 19. • refusing to comply with safety advisories, like wearing protective gear, complying with social distancing norms etc. • suffering of any ailment making the User vulnerable to the virus • posing a threat to the health and safety of others In such cases UNIXFEM will assume no liability for the refusal of service by the end service provider. The User also agrees that refund, if any, for such bookings will be processed by UNIXFEM to the User subject to receipt of the same from the end service provider. User further understands that due to the outbreak of COVID-19, the Central Government through its ministries, State Governments and statutory bodies have/may come up with detailed set of guidelines or standard operating procedure (SOP) that a user will have to follow in order to undertake the service. The User agrees to abide with all such guidelines/SOP while undertaking any service. Failure to abide by such detailed set of guidelines/SOP, may lead to a situation where the service provider or any person authorized by the Central Government, State Government or statutory body may disallow the User to undertake the service. In such circumstances, UNIXFEM will not be held liable for such refusal and refund, if any, shall be strictly treated as "no show" and there will be no refund