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ShearCircle Terms and Conditions for Customers (INDIA)

By accessing or using in any manner the Shear-Circle Private Ltd (“ShearCircle”) website, the ShearCircle service, or any applications made available by ShearCircle (together, the “Service”), you agree to be bound by the terms of use set forth in this agreement (the “Agreement”).

THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF USE SET FORTH IN THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.

1. SHEARCIRCLE LICENSE.

ShearCircle hereby grants you a non-transferable, non-exclusive, terminable license to view and use the Service for your own personal, non-commercial use.  The license granted to you is conditioned upon your proper conduct and compliance with this Agreement, as determined by ShearCircle in its sole discretion.

2. SHEARCIRCLE SERVICE.

TThe ShearCircle service allows you to order and schedule personal care services with salons and other personal care services providers (“Providers”) in your area.  The Providers operate independently from ShearCircle and have entered into agreements with ShearCircle to allow you to order and schedule services with them.  ShearCircle does not independently review or verify representations made by Providers regarding their service offering.  ShearCircle does not guarantee the quality of the Providers’ services, nor does it monitor or assume any responsibility for the Providers’ compliance with any applicable laws.

3. YOUR ACCOUNT.

In order to access some features of the Service, you are required to create and register for an account (an “Account”).  When creating, registering for, or updating an Account, you are required to provide us with certain personal information, including your name, e-mail address, and password.  This information will be held and used in accordance with our Privacy Policy at [INSERT LINK].  If you provide any information that is untrue, inaccurate, not current, or incomplete, or ShearCircle has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ShearCircle has the right to suspend or terminate your account and refuse any and all current or future use of the ShearCircle Service (or any portion thereof).  You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your Account.  You agree to immediately notify ShearCircle of any unauthorized use of your Account or any other breach of security.

4. YOUR USE OF THE SERVICE.

When you use the Service, you represent and agree to the following:

  1. You are at least thirteen (13) years old;
  2. YYou have the authority and capacity to enter into and be bound by this Agreement;
  3. You will not use the Service to communicate expressions of slander, libel, hatred, bigotry, racism, obscenity, pornography, vulgarity, or other objectionable speech, and you agree that ShearCircle has the right to take down or remove anything you submit to the Service (such as reviews or inquiries) which contains materials that ShearCircle, in its sole discretion, determines to be expressions of slander, libel, hatred, bigotry, racism, obscenity, pornography, vulgarity, or other objectionable speech;
  4. You will write reviews or inquiries using the Service with only an honest and good faith intent;
  5. You will not upload or use the Service to share viruses, spyware, or any other computer code, files or programs designed to interrupt, destroy, affect, hinder or limit the functionality of the Service, any other operations of ShearCircle, or the resources of other users of Service;
  6. You will not use the Service in a way that violates any state, federal, or international laws or regulations;
  7. You will not use the Service to advertise or solicit any user to buy or sell any products or services, unless expressly authorized by ShearCircle;
  8. You will not deep-link to any pages that are part of the Service, or access any such pages with any robot, spider, web crawler, extraction software, automated process, or device to scrape, copy or monitor any portion of the websites that are part of the Service, unless ShearCircle has given you specific permission to do so in writing;
  9. You will not communicate with ShearCircle employees or customer service agents in a manner which is abusive, obscene, untrue, or misleading;
  10. You will not interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or implements limitations on the use of or access to the Service;
  11. You will not attempt to get password, account information or other private or personal information from another user or from ShearCircle;
  12. You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or object code for any underlying software or other intellectual property used in the Service, or to obtain any information from the Service using any method not expressly permitted by ShearCircle;
  13. You will not create or compile, directly or indirectly, any collection, compilation, database or directory from the Service content; and
  14. You will not upload content that you do not have rights to copy or publish or that infringe the copyrights, trademarks or other intellectual property rights of ShearCircle or any third party.

 5. YOUR CONTENT.

You represent and warrant that you are the owner of or otherwise have the right to provide all information, comments, or other materials or content that you include in any review or rating, or anything else you otherwise submit, post or otherwise transmit within the Service (“Your Content”).  You grant ShearCircle an irrevocable, transferable, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, create derivative works from, distribute, and otherwise use Your Content in connection with ShearCircle’s business and in all forms of media now known or hereafter invented (collectively, “ShearCircles’ Uses”), without notification to or approval by you.  You further grant ShearCircle a license to use your username and/or other user profile information, including without limitation, your ratings history and how long you have used ShearCircle, to—if ShearCircle chooses to do so—attribute Your Content to you in connection with ShearCircles’ Uses, without notification to or approval by you.  Further, if you provide any suggestions, input or other feedback relating to the Service, ShearCircle shall have the right to freely and fully exercise and exploit any such suggestions, input or other feedback in connection with its business, without notice to, approval by, attribution to or compensation to you.

You agree that if ShearCircle, in its sole discretion, determines that any of Your Content violates the legal rights of any third party or contains expressions of hatred, bigotry, racism, obscenity, pornography, vulgarity, or other objectionable speech, ShearCircle may remove the materials without notice to you and/or terminate your account.

6. YOUR REVIEWS AND RATINGS OF PROVIDERS.

You agree to only review or rate Providers with whom you have first-hand experience prior to posting or submitting your review or rating.  You further agree to not review or rate a Provider if you have either a proprietary interest in, an affiliation with, or employment by the Provider or any competitor of the Provider (regardless if the competitor is another Provider).  You also agree that ShearCircle may remove or exclude your review or rating if ShearCircle determines, in its sole discretion, that your review or rating violates the terms of this Agreement or in any way diminishes the integrity of the reviews or ratings feature of the Service.

7. OTHER USERS’ CONTENT.

You acknowledge that ShearCircle will not pre-screen any other content in the Service provided by Providers, other users, or any third-party. You agree that you must evaluate, and bear all risks associated with any content, including the accuracy, completeness, or usefulness of such content, including whether you find such content to be bigoted, racist, obscene, pornographic, or otherwise objectionable.

You may report content that you believe to be objectionable to ShearCircle.  ShearCircle, in its sole discretion, will determine whether to remove such content from the Service.  In the event ShearCircle decides not to remove such reported content, your only remedies are either to avoid accessing such content, avoid accessing content from providers of such content, or to terminate your use of the Service.

8. TERMINATION.

You may terminate this Agreement by closing your Account at any time for any reason. In such event, ShearCircle shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund.

You agree that ShearCircle may, without prior notice, immediately terminate, cancel, or suspend your Account.  Cause for such termination, cancellation, or suspension shall include, but not be limited to, (i) breach or violations of this Agreement or other incorporated agreements, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the Service (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity as determined in ShearCircle’s sole discretion, and/or (vi) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, cancellations, and suspensions for cause shall be made in ShearCircle’s sole discretion and that ShearCircle shall not be liable to you or any third party for any termination of your account or access to the Service.

9. MODIFICATIONS TO SERVICE.

ShearCircle reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. ShearCircle makes no representations with respect to the availability of the Service at any particular time. You agree that ShearCircle shall not be liable to you or to any third party for any modification, suspension, unavailability, or discontinuance of the Service (or any part thereof).

10. INDEMNITY.

You agree to indemnify and hold ShearCircle and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from all costs, liabilities, and damages ShearCircle incurs, including without limitation its reasonable attorneys’ fees, with respect to all claims, demands, proceedings, and actions of any kind whatsoever, made or brought by any third party due to or arising out of your use or misuse of the Service, your connection to the Service, your violation of any term of this Agreement, or your violation of any rights of another.

11. DISCLAIMER OF WARRANTIES.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. SHEARCIRCLE HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF THE SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION THROUGH THE SERVICE—INCLUDING BUT NOT LIMITED TO ANY TYPOGRAPHICAL ERRORS; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SERVICE, CONTENT AND MATERIALS ON THE APPLICATION AND/OR SITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SERVICE, CONTENT, MATERIALS AND APPLICATIONS IS BORNE BY YOU. SHEARCIRCLE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHEARCIRCLE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHEARCIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISE OUT OF OR ARE RELATED TO THE SERVICE, ITS CONTENTS, OR REWARDS, OR TO ANY BREACH OF THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.  YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT SHEARCIRCLE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SHEARCIRCLE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE, AND OPERATORS OF EXTERNAL SITES/APPLICATIONS AND SERVICES—INCLUDING BUT NOT LIMITED TO PROVIDERS AND THIRD-PARTY PAYMENT PROCESSORS.  TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SHEARCIRCLE IS TO STOP USING SHEARCIRCLE, THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

13. TRADEMARK INFORMATION.

You agree that all of ShearCircle’s trademarks, trade names, service marks and other ShearCircle logos and brand features, and product and service names are trademarks and the property of Shear-Circle Private Ltd. (the “ShearCircle Marks”). Without ShearCircle’s prior permission, you agree not to display or use in any manner the ShearCircle Marks.

14. CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT.

ShearCircle respects the intellectual property of others, and we ask our users to do the same. ShearCircle will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.  If you believe that your work has been copied within the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ShearCircle’s Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site or application;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

ShearCircle reserves the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, ShearCircle will also terminate a user’s account if the user is determined to be a repeat infringer. ShearCircle’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By Mail:

Shear-Circle Private Ltd.
Show Room-2, Sapphire Business Center,
7 Satyawadi SOC, Ashram Road, Usmanpura,
Ahmedabad, Gujarat -380013

By Email: info@shearcircle.com

15. MISCELLANEOUS.

  1. Entire Agreement. This Agreement constitutes the entire agreement between you and Shear-Circle Private Ltd and governs your use of the Service.  This Agreement supersedes and replaces any prior version of this Agreement between you and ShearCircle with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other parts of the Service, affiliate services, third-party content or third-party software.
  2. Choice of Law and Forum. You and Shear-Circle Private Ltd each agree that this Agreement and the relationship between the parties shall be governed by the laws of the State of Gujarat without regard to conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between you and ShearCircle, shall be brought exclusively in the courts of the State of Gujarat located in Ahmedabad, Gujarat. You and ShearCircle agree to submit to the personal jurisdiction of the courts located within Ahmedabad, Gujarat, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
  3. Remedies and Attorney’s Fees.  ShearCircle reserves the right to seek all remedies available at law and in equity for violations of the Agreement.  You agree that if ShearCircle, in its sole discretion, determines you have violated any term or condition of this Agreement and ShearCircle, in its sole discretion, determines that the violation is severe enough, ShearCircle—without advance notice to you—can block access to the Service from your account and any device or IP address from which you have accessed or attempted to access the Service.  You agree that the consequences of commercial use or re-publication of content or materials from the Service or other violations of the terms of this Agreement may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that ShearCircle will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.  You also agree that if ShearCircle has to institute any proceeding or cause of action (whether as a claim or a counterclaim) relating to your violation of the terms of this Agreement, then you will be responsible for paying the reasonable attorney’s fees and other expenses incurred by ShearCircle in instituting and prosecuting such proceeding or cause of action.
  4. Waiver and Severability. The failure of ShearCircle to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  5. Section Titles.  The section titles in the Agreement are for convenience only and have no legal or contractual effect.

 

 

ShearCircle Terms and Conditions for Professionals (INDIA)

By accessing or using in any manner the Shear-Circle Private Ltd (“ShearCircle”) website, the ShearCircle service, or any applications made available by Shear-Circle Private Ltd (together, the “Service”), you agree to be bound by the terms of use set forth in this agreement (the “Agreement”).

THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF USE SET FORTH IN THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.

1. SHEARCIRCLE LICENSE.

ShearCircle hereby grants you a non-transferable, non-exclusive, terminable license to view and use the Service for your own personal, non-commercial use.  The license granted to you is conditioned upon your proper conduct and compliance with this Agreement, as determined by ShearCircle in its sole discretion.

2. SHEARCIRCLE SERVICE.

The ShearCircle service allows you to schedule personal care services and accept payments online from Customers in your area.  The Providers operate independently from ShearCircle and have entered into agreements with ShearCircle to allow you to order and schedule services with them.  ShearCircle does not independently review or screen the Customers.  Accordingly, ShearCircle assumes no responsibility for Customers’ payments of services, whether Customers attend their scheduled services, or Customers’ conduct or actions while receiving services from you.

3. YOUR ACCOUNT.

In order to access some features of the Service, you are required to create and register for an account (an “Account”).  When creating, registering for, or updating an Account, you are required to provide us with certain personal information, including your name, e-mail address, and password.  This information will be held and used in accordance with our Privacy Policy at [INSERT LINK].  If you provide any information that is untrue, inaccurate, not current, or incomplete, or ShearCircle has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ShearCircle has the right to suspend or terminate your account and refuse any and all current or future use of the ShearCircle Service (or any portion thereof).  You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your Account.  You agree to immediately notify ShearCircle of any unauthorized use of your Account or any other breach of security.

4. YOUR USE OF THE SERVICE.

When you use the Service, you represent and agree to the following:

  1. You are at least thirteen (13) years old;
  2. You have the authority and capacity to enter into and be bound by this Agreement;
  3. You will not use the Service to communicate expressions of slander, libel, hatred, bigotry, racism, obscenity, pornography, vulgarity, or other objectionable speech, and you agree that ShearCircle has the right to take down or remove anything you submit to the Service which contains materials that ShearCircle, in its sole discretion, determines to be expressions of slander, libel, hatred, bigotry, racism, obscenity, pornography, vulgarity, or other objectionable speech;
  4. You will not upload or use the Service to share viruses, spyware, or any other computer code, files or programs designed to interrupt, destroy, affect, hinder or limit the functionality of the Service, any other operations of ShearCircle, or the resources of other users of Service;
  5. You will not use the Service in a way that violates any state, federal, or international laws or regulations;
  6. You will only use the Service to advertise or solicit customers for personal care services, such as spa, salon, makeup, and fitness, unless otherwise expressly authorized by ShearCircle;
  7. You will not use, or permit or encourage any of your employees, managers, agents, owners or affiliates to use the ratings and review features of the Service to rate or review your services or the services of any other competing provider that uses the Service.
  8. You will not access pages that are part of the Service with any robot, spider, web crawler, extraction software, automated process, or device to scrape, copy or monitor any portion of the websites that are part of the Service, unless ShearCircle has given you specific permission to do so in writing;
  9. You will not communicate with ShearCircle employees or customer service agents in a manner which is abusive, obscene, untrue, or misleading;
  10. You will not interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or implements limitations on the use of or access to the Service;
  11. You will not attempt to get password, account information or other private or personal information from another user or from ShearCircle;
  12. You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or object code for any underlying software or other intellectual property used in the Service, or to obtain any information from the Service using any method not expressly permitted by ShearCircle;
  13. You will not create or compile, directly or indirectly, any collection, compilation, database or directory from the Service content; and
  14. You will not upload content that you do not have rights to copy or publish or that infringe the copyrights, trademarks or other intellectual property rights of ShearCircle or any third party.

 

5. YOUR CONTENT.

You represent and warrant that you are the owner of or otherwise have the right to provide all information, comments, or other materials or content that you submit, post or otherwise transmit within the Service (“Your Content”).  You grant ShearCircle an irrevocable, transferable, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, create derivative works from, distribute, and otherwise use Your Content in connection with ShearCircle’s business and in all forms of media now known or hereafter invented (collectively, “ShearCircles’ Uses”), without notification to or approval by you.  You further grant ShearCircle a license to use your name, business name, and/or other information affiliated with your profile, including without limitation, how long you have used ShearCircle or how many customers you have serviced through ShearCircle—if ShearCircle chooses to do so—in connection with ShearCircles’ Uses, without notification to or approval by you.  Further, if you provide any suggestions, input or other feedback relating to the Service, ShearCircle shall have the right to freely and fully exercise and exploit any such suggestions, input or other feedback in connection with its business, without notice to, approval by, attribution to or compensation to you.

You agree that if ShearCircle, in its sole discretion, determines that any of Your Content violates the legal rights of any third party or contains expressions of hatred, bigotry, racism, obscenity, pornography, vulgarity, or other objectionable speech, ShearCircle may remove the materials without notice to you and/or terminate your account.

6. CUSTOMER REVIEWS AND RATINGS OF PROVIDERS.

Shear Circle has a policy that Customers must have first-hand experience with you prior to posting or submitting a review or rating of you, that Customers must submit honest reviews and ratings in good faith, and that Customers may not review or rate a Provider if they have either a proprietary interest in, an affiliation with, or employment by a Provider or any competitor of the Provider (regardless if the competitor is another Provider who uses the Service).  You agree that ShearCircle has no affirmative obligation to monitor, screen, or otherwise review reviews and ratings about you that are posted to the Service by Customers in order to ensure compliance with this policy or any other terms and conditions of the Service.  You may report reviews and ratings that you believe violate this policy, any other terms and conditions of the Service, or the integrity of the review and rating feature of the Service.  ShearCircle, in its sole discretion, will determine whether to remove such review or rating from the Service or take any other action in response to your report.  In the event ShearCircle decides not to remove such review or rating or take other action, your only remedy with ShearCircle is to terminate your use of the Service.

7. OTHER USERS’ CONTENT.

You acknowledge that ShearCircle will not pre-screen any content in the Service provided by Providers, other users, or any third-party. You agree that you must evaluate, and bear all risks associated with any content, including the accuracy, completeness, or usefulness of such content, including whether you find such content to be bigoted, racist, obscene, pornographic, or otherwise objectionable.

You may report content that you believe to be objectionable to ShearCircle.  ShearCircle, in its sole discretion, will determine whether to remove such content from the Service.  In the event ShearCircle decides not to remove such reported content, your only remedies are either to avoid accessing such content, avoid accessing content from providers of such content, or to terminate your use of the Service.

8. TERMINATION.

You may terminate this Agreement by closing your Account at any time for any reason. In such event, ShearCircle shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund.

You agree that ShearCircle may, without prior notice, immediately terminate, cancel, or suspend your Account.  Cause for such termination, cancelation, or suspension shall include, but not be limited to, (i) breach or violations of this Agreement or other incorporated agreements, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the Service (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity as determined in ShearCircle’s sole discretion, and/or (vi) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, cancelations, and suspensions for cause shall be made in ShearCircle’s sole discretion and that ShearCircle shall not be liable to you or any third party for any termination of your account or access to the Service.

9. MODIFICATIONS TO SERVICE.

ShearCircle reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. ShearCircle makes no representations with respect to the availability of the Service at any particular time. You agree that ShearCircle shall not be liable to you or to any third party for any modification, suspension, unavailability, or discontinuance of the Service (or any part thereof).

10. INDEMNITY.

You agree to indemnify and hold ShearCircle and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from all costs, liabilities, and damages ShearCircle incurs, including without limitation its reasonable attorneys’ fees, with respect to all claims, demands, proceedings, and actions of any kind whatsoever, made or brought by any third party due to or arising out of your use or misuse of the Service, your connection to the Service, your violation of any term of this Agreement, or your violation of any rights of another.

11. RELATIONSHIP OF THE PARTIES.

Nothing contained in this Agreement shall be deemed or construed by the parties nor by any third-party, as creating the relationship of principal and agent or of partnership or of joint venture between you and ShearCircle.

12. DISCLAIMER OF WARRANTIES.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. SHEARCIRCLE HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF THE SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION THROUGH THE SERVICE—INCLUDING BUT NOT LIMITED TO ANY TYPOGRAPHICAL ERRORS; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SERVICE, CONTENT AND MATERIALS ON THE APPLICATION AND/OR SITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SERVICE, CONTENT, MATERIALS AND APPLICATIONS IS BORNE BY YOU. SHEARCIRCLE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHEARCIRCLE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHEARCIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISE OUT OF OR ARE RELATED TO THE SERVICE, ITS CONTENTS, OR REWARDS, OR TO ANY BREACH OF THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.  YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT SHEARCIRCLE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SHEARCIRCLE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE, AND OPERATORS OF EXTERNAL SITES/APPLICATIONS AND SERVICES—INCLUDING BUT NOT LIMITED TO PROVIDERS AND THIRD-PARTY PAYMENT PROCESSORS.  TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SHEARCIRCLE IS TO STOP USING SHEARCIRCLE, THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

14. TRADEMARK INFORMATION.

You agree that all of ShearCircle’s trademarks, trade names, service marks and other ShearCircle logos and brand features, and product and service names are trademarks and the property of Shear-Circle Private Ltd. (the “ShearCircle Marks”). Without ShearCircle’s prior permission, you agree not to display or use in any manner the ShearCircle Marks.

15. CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT.

ShearCircle respects the intellectual property of others, and we ask our users to do the same. ShearCircle will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.  If you believe that your work has been copied within the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ShearCircle’s Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site or application;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Shear Circle reserves the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, ShearCircle will also terminate a user’s account if the user is determined to be a repeat infringer. ShearCircle’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Shear-Circle Private Ltd.
Show Room-2, Sapphire Business Center,
7 Satyawadi SOC, Ashram Road, Usmanpura,
Ahmedabad, Gujarat -380013

By Email: info@shearcircle.com

16. MISCELLANEOUS.

  1. Entire Agreement. This Agreement constitutes the entire agreement between you and Shear-Circle Private Ltd and governs your use of the Service.  This Agreement supersedes and replaces any prior version of this Agreement between you and ShearCircle with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other parts of the Service, affiliate services, third-party content or third-party software.
  2. Choice of Law and Forum. You and Shear-Circle Private Ltd each agree that this Agreement and the relationship between the parties shall be governed by the laws of the State of Gujarat without regard to conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between you and Shear-Circle Private Ltd, shall be brought exclusively in the courts of the State of Gujarat located in Ahmedabad, Gujarat. You and ShearCircle agree to submit to the personal jurisdiction of the courts located within Ahmedabad, Gujarat, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
  3. Remedies and Attorney’s Fees.  Shear-Circle Private Ltd reserves the right to seek all remedies available at law and in equity for violations of the Agreement.  You agree that if ShearCircle, in its sole discretion, determines you have violated any term or condition of this Agreement and ShearCircle, in its sole discretion, determines that the violation is severe enough, ShearCircle—without advance notice to you—can block access to the Service from your account and any device or IP address from which you have accessed or attempted to access the Service.  You agree that the consequences of commercial use or re-publication of content or materials from the Service or other violations of the terms of this Agreement may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that ShearCircle will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.  You also agree that if ShearCircle has to institute any proceeding or cause of action (whether as a claim or a counterclaim) relating to your violation of the terms of this Agreement, then you will be responsible for paying the reasonable attorney’s fees and other expenses incurred by ShearCircle in instituting and prosecuting such proceeding or cause of action.
  4. Waiver and Severability. The failure of ShearCircle to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  5. Section Titles.  The section titles in the Agreement are for convenience only and have no legal or contractual effect.

 

 

ShearCircle Terms and Conditions for Customers (US)

By accessing or using in any manner the ShearCircle, LLC (“ShearCircle”) website, the ShearCircle service, or any applications made available by ShearCircle (together, the “Service”), you agree to be bound by the terms of use set forth in this agreement (the “Agreement”).

THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF USE SET FORTH IN THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.

1. SHEARCIRCLE LICENSE.

ShearCircle hereby grants you a non-transferable, non-exclusive, terminable license to view and use the Service for your own personal, non-commercial use.  The license granted to you is conditioned upon your proper conduct and compliance with this Agreement, as determined by ShearCircle in its sole discretion.

2. SHEARCIRCLE SERVICE.

The ShearCircle service allows you to order and schedule personal care services with salons and other personal care services providers (“Providers”) in your area.  The Providers operate independently from ShearCircle and have entered into agreements with ShearCircle to allow you to order and schedule services with them.  ShearCircle does not independently review or verify representations made by Providers regarding their service offering.  ShearCircle does not guarantee the quality of the Providers’ services, nor does it monitor or assume any responsibility for the Providers’ compliance with any applicable laws.

3. YOUR ACCOUNT.

In order to access some features of the Service, you are required to create and register for an account (an “Account”).  When creating, registering for, or updating an Account, you are required to provide us with certain personal information, including your name, e-mail address, and password.  This information will be held and used in accordance with our Privacy Policy.  If you provide any information that is untrue, inaccurate, not current, or incomplete, or ShearCircle has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ShearCircle has the right to suspend or terminate your account and refuse any and all current or future use of the ShearCircle Service (or any portion thereof).  You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your Account.  You agree to immediately notify ShearCircle of any unauthorized use of your Account or any other breach of security.

4. YOUR USE OF THE SERVICE.

When you use the Service, you represent and agree to the following:

  1. You are at least thirteen (13) years old;
  2. You have the authority and capacity to enter into and be bound by this Agreement;
  3. You will not use the Service to communicate expressions of slander, libel, hatred, bigotry, racism, obscenity, pornography, vulgarity, or other objectionable speech, and you agree that ShearCircle has the right to take down or remove anything you submit to the Service (such as reviews or inquiries) which contains materials that ShearCircle, in its sole discretion, determines to be expressions of slander, libel, hatred, bigotry, racism, obscenity, pornography, vulgarity, or other objectionable speech;
  4. You will write reviews or inquiries using the Service with only an honest and good faith intent;
  5. You will not upload or use the Service to share viruses, spyware, or any other computer code, files or programs designed to interrupt, destroy, affect, hinder or limit the functionality of the Service, any other operations of ShearCircle, or the resources of other users of Service;
  6. You will not use the Service in a way that violates any state, federal, or international laws or regulations;
  7. You will not use the Service to advertise or solicit any user to buy or sell any products or services, unless expressly authorized by ShearCircle;
  8. You will not deep-link to any pages that are part of the Service, or access any such pages with any robot, spider, web crawler, extraction software, automated process, or device to scrape, copy or monitor any portion of the websites that are part of the Service, unless ShearCircle has given you specific permission to do so in writing;
  9. You will not communicate with ShearCircle employees or customer service agents in a manner which is abusive, obscene, untrue, or misleading;
  10. You will not interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or implements limitations on the use of or access to the Service;
  11. You will not attempt to get password, account information or other private or personal information from another user or from ShearCircle;
  12. You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or object code for any underlying software or other intellectual property used in the Service, or to obtain any information from the Service using any method not expressly permitted by ShearCircle;
  13. You will not create or compile, directly or indirectly, any collection, compilation, database or directory from the Service content; and
  14. You will not upload content that you do not have rights to copy or publish or that infringe the copyrights, trademarks or other intellectual property rights of ShearCircle or any third party.

 5. YOUR CONTENT.

You represent and warrant that you are the owner of or otherwise have the right to provide all information, comments, or other materials or content that you include in any review or rating, or anything else you otherwise submit, post or otherwise transmit within the Service (“Your Content”).  You grant ShearCircle an irrevocable, transferable, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, create derivative works from, distribute, and otherwise use Your Content in connection with ShearCircle’s business and in all forms of media now known or hereafter invented (collectively, “ShearCircles’ Uses”), without notification to or approval by you.  You further grant ShearCircle a license to use your username and/or other user profile information, including without limitation, your ratings history and how long you have used ShearCircle, to—if ShearCircle chooses to do so—attribute Your Content to you in connection with ShearCircles’ Uses, without notification to or approval by you.  Further, if you provide any suggestions, input or other feedback relating to the Service, ShearCircle shall have the right to freely and fully exercise and exploit any such suggestions, input or other feedback in connection with its business, without notice to, approval by, attribution to or compensation to you.

You agree that if ShearCircle, in its sole discretion, determines that any of Your Content violates the legal rights of any third party or contains expressions of hatred, bigotry, racism, obscenity, pornography, vulgarity, or other objectionable speech, ShearCircle may remove the materials without notice to you and/or terminate your account.

6. YOUR REVIEWS AND RATINGS OF PROVIDERS.

You agree to only review or rate Providers with whom you have first-hand experience prior to posting or submitting your review or rating.  You further agree to not review or rate a Provider if you have either a proprietary interest in, an affiliation with, or employment by the Provider or any competitor of the Provider (regardless if the competitor is another Provider).  You also agree that ShearCircle may remove or exclude your review or rating if ShearCircle determines, in its sole discretion, that your review or rating violates the terms of this Agreement or in any way diminishes the integrity of the reviews or ratings feature of the Service.

7. OTHER USERS’ CONTENT.

You acknowledge that ShearCircle will not pre-screen any other content in the Service provided by Providers, other users, or any third-party. You agree that you must evaluate, and bear all risks associated with any content, including the accuracy, completeness, or usefulness of such content, including whether you find such content to be bigoted, racist, obscene, pornographic, or otherwise objectionable.

You may report content that you believe to be objectionable to ShearCircle.  ShearCircle, in its sole discretion, will determine whether to remove such content from the Service.  In the event ShearCircle decides not to remove such reported content, your only remedies are either to avoid accessing such content, avoid accessing content from providers of such content, or to terminate your use of the Service.

8. TERMINATION.

You may terminate this Agreement by closing your Account at any time for any reason. In such event, ShearCircle shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund.

You agree that ShearCircle may, without prior notice, immediately terminate, cancel, or suspend your Account.  Cause for such termination, cancelation, or suspension shall include, but not be limited to, (i) breach or violations of this Agreement or other incorporated agreements, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the Service (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity as determined in ShearCircle’s sole discretion, and/or (vi) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, cancelations, and suspensions for cause shall be made in ShearCircle’s sole discretion and that ShearCircle shall not be liable to you or any third party for any termination of your account or access to the Service.

9. MODIFICATIONS TO SERVICE.

ShearCircle reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. ShearCircle makes no representations with respect to the availability of the Service at any particular time. You agree that ShearCircle shall not be liable to you or to any third party for any modification, suspension, unavailability, or discontinuance of the Service (or any part thereof).

10. INDEMNITY.

You agree to indemnify and hold ShearCircle and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from all costs, liabilities, and damages ShearCircle incurs, including without limitation its reasonable attorneys’ fees, with respect to all claims, demands, proceedings, and actions of any kind whatsoever, made or brought by any third party due to or arising out of your use or misuse of the Service, your connection to the Service, your violation of any term of this Agreement, or your violation of any rights of another.

11. DISCLAIMER OF WARRANTIES.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. SHEARCIRCLE HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF THE SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION THROUGH THE SERVICE—INCLUDING BUT NOT LIMITED TO ANY TYPOGRAPHICAL ERRORS; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SERVICE, CONTENT AND MATERIALS ON THE APPLICATION AND/OR SITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SERVICE, CONTENT, MATERIALS AND APPLICATIONS IS BORNE BY YOU. SHEARCIRCLE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHEARCIRCLE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHEARCIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISE OUT OF OR ARE RELATED TO THE SERVICE, ITS CONTENTS, OR REWARDS, OR TO ANY BREACH OF THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.  YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT SHEARCIRCLE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SHEARCIRCLE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE, AND OPERATORS OF EXTERNAL SITES/APPLICATIONS AND SERVICES—INCLUDING BUT NOT LIMITED TO PROVIDERS AND THIRD-PARTY PAYMENT PROCESSORS.  TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SHEARCIRCLE IS TO STOP USING SHEARCIRCLE, THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

13. TRADEMARK INFORMATION.

You agree that all of ShearCircle’s trademarks, trade names, service marks and other ShearCircle logos and brand features, and product and service names are trademarks and the property of ShearCircle, Inc. (the “ShearCircle Marks”). Without ShearCircle’s prior permission, you agree not to display or use in any manner the ShearCircle Marks.

14. CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT.

ShearCircle respects the intellectual property of others, and we ask our users to do the same. ShearCircle will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.  If you believe that your work has been copied within the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ShearCircle’s Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site or application;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

ShearCircle reserves the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, ShearCircle will also terminate a user’s account if the user is determined to be a repeat infringer. ShearCircle’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By Mail:

ShearCircle, Inc.
109 Fairfield Way, Suite 303

Bloomingdale, IL 60108

By phone: 630-237-4456
By Email: info@shearcircle.com

15. MISCELLANEOUS.

  1. Entire Agreement. This Agreement constitutes the entire agreement between you and ShearCircle and governs your use of the Service.  This Agreement supersedes and replaces any prior version of this Agreement between you and ShearCircle with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other parts of the Service, affiliate services, third-party content or third-party software.
  2. Choice of Law and Forum. You and ShearCircle each agree that this Agreement and the relationship between the parties shall be governed by the laws of the State of Illinois without regard to conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between you and ShearCircle, shall be brought exclusively in the courts of the State of Illinois located in Chicago, Illinois. You and ShearCircle agree to submit to the personal jurisdiction of the courts located within Chicago, Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
  3. Remedies and Attorney’s Fees.  ShearCircle reserves the right to seek all remedies available at law and in equity for violations of the Agreement.  You agree that if ShearCircle, in its sole discretion, determines you have violated any term or condition of this Agreement and ShearCircle, in its sole discretion, determines that the violation is severe enough, ShearCircle—without advance notice to you—can block access to the Service from your account and any device or IP address from which you have accessed or attempted to access the Service.  You agree that the consequences of commercial use or re-publication of content or materials from the Service or other violations of the terms of this Agreement may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that ShearCircle will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.  You also agree that if ShearCircle has to institute any proceeding or cause of action (whether as a claim or a counterclaim) relating to your violation of the terms of this Agreement, then you will be responsible for paying the reasonable attorney’s fees and other expenses incurred by ShearCircle in instituting and prosecuting such proceeding or cause of action.
  4. Waiver and Severability. The failure of ShearCircle to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  5. Section Titles.  The section titles in the Agreement are for convenience only and have no legal or contractual effect.

 

 

ShearCircle Terms and Conditions for Professionals (US)

By accessing or using in any manner the ShearCircle, LLC (“ShearCircle”) website, the ShearCircle service, or any applications made available by ShearCircle (together, the “Service”), you agree to be bound by the terms of use set forth in this agreement (the “Agreement”).

THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF USE SET FORTH IN THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.

1. SHEARCIRCLE LICENSE.

ShearCircle hereby grants you a non-transferable, non-exclusive, terminable license to view and use the Service for your own personal, non-commercial use.  The license granted to you is conditioned upon your proper conduct and compliance with this Agreement, as determined by ShearCircle in its sole discretion.

2. SHEARCIRCLE SERVICE.

The ShearCircle service allows you to schedule personal care services and accept payments online from Customers in your area.  The Providers operate independently from ShearCircle and have entered into agreements with ShearCircle to allow you to order and schedule services with them.  ShearCircle does not independently review or screen the Customers.  Accordingly, ShearCircle assumes no responsibility for Customers’ payments of services, whether Customers attend their scheduled services, or Customers’ conduct or actions while receiving services from you.

3. YOUR ACCOUNT.

In order to access some features of the Service, you are required to create and register for an account (an “Account”).  When creating, registering for, or updating an Account, you are required to provide us with certain personal information, including your name, e-mail address, and password.  This information will be held and used in accordance with our Privacy Policy.  If you provide any information that is untrue, inaccurate, not current, or incomplete, or ShearCircle has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ShearCircle has the right to suspend or terminate your account and refuse any and all current or future use of the ShearCircle Service (or any portion thereof).  You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your Account.  You agree to immediately notify ShearCircle of any unauthorized use of your Account or any other breach of security.

4. YOUR USE OF THE SERVICE.

When you use the Service, you represent and agree to the following:

  1. You are at least thirteen (13) years old;
  2. You have the authority and capacity to enter into and be bound by this Agreement;
  3. You will not use the Service to communicate expressions of slander, libel, hatred, bigotry, racism, obscenity, pornography, vulgarity, or other objectionable speech, and you agree that ShearCircle has the right to take down or remove anything you submit to the Service which contains materials that ShearCircle, in its sole discretion, determines to be expressions of slander, libel, hatred, bigotry, racism, obscenity, pornography, vulgarity, or other objectionable speech;
  4. You will not upload or use the Service to share viruses, spyware, or any other computer code, files or programs designed to interrupt, destroy, affect, hinder or limit the functionality of the Service, any other operations of ShearCircle, or the resources of other users of Service;
  5. You will not use the Service in a way that violates any state, federal, or international laws or regulations;
  6. You will only use the Service to advertise or solicit customers for personal care services, such as spa, salon, makeup, and fitness, unless otherwise expressly authorized by ShearCircle;
  7. You will not use, or permit or encourage any of your employees, managers, agents, owners or affiliates to use the ratings and review features of the Service to rate or review your services or the services of any other competing provider that uses the Service.
  8. You will not access pages that are part of the Service with any robot, spider, web crawler, extraction software, automated process, or device to scrape, copy or monitor any portion of the websites that are part of the Service, unless ShearCircle has given you specific permission to do so in writing;
  9. You will not communicate with ShearCircle employees or customer service agents in a manner which is abusive, obscene, untrue, or misleading;
  10. You will not interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or implements limitations on the use of or access to the Service;
  11. You will not attempt to get password, account information or other private or personal information from another user or from ShearCircle;
  12. You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or object code for any underlying software or other intellectual property used in the Service, or to obtain any information from the Service using any method not expressly permitted by ShearCircle;
  13. You will not create or compile, directly or indirectly, any collection, compilation, database or directory from the Service content; and
  14. You will not upload content that you do not have rights to copy or publish or that infringe the copyrights, trademarks or other intellectual property rights of ShearCircle or any third party.

 

5. YOUR CONTENT.

You represent and warrant that you are the owner of or otherwise have the right to provide all information, comments, or other materials or content that you submit, post or otherwise transmit within the Service (“Your Content”).  You grant ShearCircle an irrevocable, transferable, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, create derivative works from, distribute, and otherwise use Your Content in connection with ShearCircle’s business and in all forms of media now known or hereafter invented (collectively, “ShearCircles’ Uses”), without notification to or approval by you.  You further grant ShearCircle a license to use your name, business name, and/or other information affiliated with your profile, including without limitation, how long you have used ShearCircle or how many customers you have serviced through ShearCircle—if ShearCircle chooses to do so—in connection with ShearCircles’ Uses, without notification to or approval by you.  Further, if you provide any suggestions, input or other feedback relating to the Service, ShearCircle shall have the right to freely and fully exercise and exploit any such suggestions, input or other feedback in connection with its business, without notice to, approval by, attribution to or compensation to you.

You agree that if ShearCircle, in its sole discretion, determines that any of Your Content violates the legal rights of any third party or contains expressions of hatred, bigotry, racism, obscenity, pornography, vulgarity, or other objectionable speech, ShearCircle may remove the materials without notice to you and/or terminate your account.

6. CUSTOMER REVIEWS AND RATINGS OF PROVIDERS.

Shear Circle has a policy that Customers must have first-hand experience with you prior to posting or submitting a review or rating of you, that Customers must submit honest reviews and ratings in good faith, and that Customers may not review or rate a Provider if they have either a proprietary interest in, an affiliation with, or employment by a Provider or any competitor of the Provider (regardless if the competitor is another Provider who uses the Service).  You agree that ShearCircle has no affirmative obligation to monitor, screen, or otherwise review reviews and ratings about you that are posted to the Service by Customers in order to ensure compliance with this policy or any other terms and conditions of the Service.  You may report reviews and ratings that you believe violate this policy, any other terms and conditions of the Service, or the integrity of the review and rating feature of the Service.  ShearCircle, in its sole discretion, will determine whether to remove such review or rating from the Service or take any other action in response to your report.  In the event ShearCircle decides not to remove such review or rating or take other action, your only remedy with ShearCircle is to terminate your use of the Service.

7. OTHER USERS’ CONTENT.

You acknowledge that ShearCircle will not pre-screen any content in the Service provided by Providers, other users, or any third-party. You agree that you must evaluate, and bear all risks associated with any content, including the accuracy, completeness, or usefulness of such content, including whether you find such content to be bigoted, racist, obscene, pornographic, or otherwise objectionable.

You may report content that you believe to be objectionable to ShearCircle.  ShearCircle, in its sole discretion, will determine whether to remove such content from the Service.  In the event ShearCircle decides not to remove such reported content, your only remedies are either to avoid accessing such content, avoid accessing content from providers of such content, or to terminate your use of the Service.

8. TERMINATION.

You may terminate this Agreement by closing your Account at any time for any reason. In such event, ShearCircle shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund.

You agree that ShearCircle may, without prior notice, immediately terminate, cancel, or suspend your Account.  Cause for such termination, cancelation, or suspension shall include, but not be limited to, (i) breach or violations of this Agreement or other incorporated agreements, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the Service (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity as determined in ShearCircle’s sole discretion, and/or (vi) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, cancelations, and suspensions for cause shall be made in ShearCircle’s sole discretion and that ShearCircle shall not be liable to you or any third party for any termination of your account or access to the Service.

9. MODIFICATIONS TO SERVICE.

ShearCircle reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. ShearCircle makes no representations with respect to the availability of the Service at any particular time. You agree that ShearCircle shall not be liable to you or to any third party for any modification, suspension, unavailability, or discontinuance of the Service (or any part thereof).

10. INDEMNITY.

You agree to indemnify and hold ShearCircle and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from all costs, liabilities, and damages ShearCircle incurs, including without limitation its reasonable attorneys’ fees, with respect to all claims, demands, proceedings, and actions of any kind whatsoever, made or brought by any third party due to or arising out of your use or misuse of the Service, your connection to the Service, your violation of any term of this Agreement, or your violation of any rights of another.

11. RELATIONSHIP OF THE PARTIES.

Nothing contained in this Agreement shall be deemed or construed by the parties nor by any third-party, as creating the relationship of principal and agent or of partnership or of joint venture between you and ShearCircle.

12. DISCLAIMER OF WARRANTIES.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. SHEARCIRCLE HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF THE SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION THROUGH THE SERVICE—INCLUDING BUT NOT LIMITED TO ANY TYPOGRAPHICAL ERRORS; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SERVICE, CONTENT AND MATERIALS ON THE APPLICATION AND/OR SITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SERVICE, CONTENT, MATERIALS AND APPLICATIONS IS BORNE BY YOU. SHEARCIRCLE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHEARCIRCLE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHEARCIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISE OUT OF OR ARE RELATED TO THE SERVICE, ITS CONTENTS, OR REWARDS, OR TO ANY BREACH OF THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.  YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT SHEARCIRCLE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SHEARCIRCLE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE, AND OPERATORS OF EXTERNAL SITES/APPLICATIONS AND SERVICES—INCLUDING BUT NOT LIMITED TO PROVIDERS AND THIRD-PARTY PAYMENT PROCESSORS.  TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SHEARCIRCLE IS TO STOP USING SHEARCIRCLE, THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

14. TRADEMARK INFORMATION.

You agree that all of ShearCircle’s trademarks, trade names, service marks and other ShearCircle logos and brand features, and product and service names are trademarks and the property of ShearCircle, Inc. (the “ShearCircle Marks”). Without ShearCircle’s prior permission, you agree not to display or use in any manner the ShearCircle Marks.

15. CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT.

ShearCircle respects the intellectual property of others, and we ask our users to do the same. ShearCircle will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.  If you believe that your work has been copied within the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ShearCircle’s Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site or application;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Shear Circle reserves the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, ShearCircle will also terminate a user’s account if the user is determined to be a repeat infringer. ShearCircle’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By Mail:

Shear Circle LLC
109 Fairfield way, Suite 303

Bloomingdale, IL 60108

By phone: 630-237-4456
By Email: info@shearcircle.com

16. MISCELLANEOUS.

  1. Entire Agreement. This Agreement constitutes the entire agreement between you and ShearCircle and governs your use of the Service.  This Agreement supersedes and replaces any prior version of this Agreement between you and ShearCircle with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other parts of the Service, affiliate services, third-party content or third-party software.
  2. Choice of Law and Forum. You and ShearCircle each agree that this Agreement and the relationship between the parties shall be governed by the laws of the State of Illinois without regard to conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between you and ShearCircle, shall be brought exclusively in the courts of the State of Illinois located in Chicago, Illinois. You and ShearCircle agree to submit to the personal jurisdiction of the courts located within Chicago, Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
  3. Remedies and Attorney’s Fees.  ShearCircle reserves the right to seek all remedies available at law and in equity for violations of the Agreement.  You agree that if ShearCircle, in its sole discretion, determines you have violated any term or condition of this Agreement and ShearCircle, in its sole discretion, determines that the violation is severe enough, ShearCircle—without advance notice to you—can block access to the Service from your account and any device or IP address from which you have accessed or attempted to access the Service.  You agree that the consequences of commercial use or re-publication of content or materials from the Service or other violations of the terms of this Agreement may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that ShearCircle will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.  You also agree that if ShearCircle has to institute any proceeding or cause of action (whether as a claim or a counterclaim) relating to your violation of the terms of this Agreement, then you will be responsible for paying the reasonable attorney’s fees and other expenses incurred by ShearCircle in instituting and prosecuting such proceeding or cause of action.
  4. Waiver and Severability. The failure of ShearCircle to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  5. Section Titles.  The section titles in the Agreement are for convenience only and have no legal or contractual effect.