TERMS OF SERVICE
Last Updated: October 13, 2017
- Overview Booking Stylist Services
- Usage of the Asteya Site
- Payment for Stylist Services
- Consultation Notifications (Email/SMS)
- Cancellation Policy
- Special Promotions
- Changes to Agreement
- Asteya Stylists
- Privacy Intellectual Property Rights
- User Conduct Copyright Complaints and DMCA Agent Governing Law
- Bugs and Exploits
- Site Security and Conduct
- System and Network Security
- Links to Other Websites
- No Agency Disclaimer of Warranties
- Limitation on Liability Indemnification
- Violation of Terms and Termination
- Modification to the Site or Services
- General Provisions
BOOKING STYLIST SERVICES
The Asteya Site can be used to book an in-home Wardrobe Consultation appointment and have an Asteya Stylist provide a Wardrobe Consultation regarding current clothes and an introduction to new brands and styles. Users are required to provide details on the Site in order to book a Wardrobe Consultation. These details will be processed through the Acuity Scheduler platform. Payment is required at the time of booking and is processed using Square.
USAGE OF THE ASTEYA SITE
Users who are eighteen (18) years of age or older who agree to the Terms of Service may book a Wardrobe Consultation online at the Asteya Site. You agree that the information supplied will be accurate and that you will not supply the email address of, or other contact details of, another person. Additionally, you agree not to (i) take any action or (ii) make available any content on or through the Asteya Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of the Asteya Services in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against the Asteya Services.
PAYMENT FOR STYLIST SERVICES
When you book a Wardrobe Consultation, we will charge you the full Consult Fee due as set forth on the Site. This Consult Fee will be charged immediately to your credit card (or other payment method). By submitting your payment information via the Site, you authorize us to utilize the Square® platform to charge your credit card or other payment method available in accordance with this policy. You represent that you will not use any credit card (or other form of payment) unless you have the necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card (or other form of payment) in order to book a Wardrobe Consultation. Consultation Fees are paid directly to Asteya, not to the Asteya Stylist. Users are not required to pay Asteya Stylists Consultation Fees directly.
CONSULTATION NOTIFICATIONS (EMAIL/SMS)
By providing your email address, you hereby affirmatively consent to our use of your email address in order to (a) perform and improve upon the Asteya Services, (b) facilitate the carrying out of Wardrobe Consultations through the Asteya Services, (c) provide you with information and reminders regarding your upcoming Wardrobe Consultations, changes and updates, service outages or alterations. By providing your mobile phone number when booking a Wardrobe Consultation on the Asteya Site, you affirmatively consent to our use of your mobile phone number for calls and texts (including prerecorded and/or by automatic telephone dialing systems) in order to (a) perform and improve upon the Asteya Services, (b) facilitate the carrying out of Wardrobe Consultations through the Asteya Services, (c) provide you with information and reminders regarding your upcoming Wardrobe Consultations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about upcoming Wardrobe Consultations and/or request feedback regarding recent Wardrobe Consultations. Asteya will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving texts messages from us by texting “STOP” in response to any texts, or by emailing email@example.com and specifying you want to out-out of texts. You may opt-out of receiving calls from us by stating that you no longer wish to receive calls during any call with us, or by emailing firstname.lastname@example.org and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.
Appointments for wardrobe consultations must be cancelled at least 48 hours from scheduled appointment in order to be eligible for a full refund. Appointments cancelled within 48 hours from scheduled appointment will not be eligible for a refund.
There will be no refund of the Consult Fee after the scheduled Wardrobe Consultation has been completed. While Asteya makes efforts to follow the Style Preferences provided by Clients in the Style Preference Form submitted at the time of booking a wardrobe consultation, we do not guarantee that every wardrobe consultation will comply with those preferences or be to your taste or liking. You are responsible for paying for the wardrobe consultation, whether it conforms to your Style Preferences or not.
The Asteya Services only enables connections between Users and Asteya Stylists for Wardrobe Consultation services. Asteya is not responsible for the performance of Asteya Stylists, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of the Users and/or Asteya Stylists. Asteya makes no representations about the suitability, reliability, timeliness, or accuracy of the Asteya Services, whether made through the Asteya Site, in public, private, or in offline interactions. The Asteya Services is only a platform for connecting Users with Asteya Stylists. Because Asteya is not involved in the actual contact between Users or in the completion of the Wardrobe Consultation, in the event that you have a dispute with one or more Asteya Stylists, you release Asteya and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
ASTEYA EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS ASTEYA SERVICES. NEWSLETTERS
You may sign up for the Asteya email Newsletter when booking a Wardrobe Consultation online by checking the box next to “Subscribe: Sign up with your email address to receive news and updates.” You can opt-out from receiving these Newsletters from any email message that you receive by clicking the Unsubscribe link in the email. We will not send you spam or off-topic emails. PRICING Pricing for Consult Fee for Wardrobe Consultations may change from time to time. Please see Site for updated Consult Fee pricing when booking Wardrobe Consultations.
Asteya may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of Asteya, and can be activated, modified or removed at any time by Asteya without advance notification. For information on these promotional opportunities, please consult the rules or entry guidelines.
CHANGES TO AGREEMENT
These Terms of Service are subject to occasional revision. We will notify you of any changes to our Terms of Service by posting the new Terms of Service and updating the "Last Updated" date above. At our discretion, we may also notify you of certain changes by sending you an email to the email address provided when booking Stylist Services. For existing users of the Asteya Services, any changes to these Terms of Service will be effective thirty (30) calendar days following our posting of the changes on our Asteya Site. These changes will be effective immediately for new users of the Asteya Services. Continued use of the Asteya Services, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Please regularly check here to view the then-current Terms.
When interacting with other Users and Asteya Stylists, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER ASTEYA NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR ASTEYA STYLIST OF THE ASTEYA SERVICES AND YOU HEREBY RELEASE ASTEYA AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY. ASTEYA AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE ASTEYA SERVICES.
You agree that you will not use these sites to perform the following actions:
Posts of a patently offensive nature are not allowed. This includes, but is not limited to:
- Using vulgar, profane, or sexually explicit language
- Using race, religion, sexual orientation, culture, ethnicity, handicap, nationality, or gender as a means of insult
- Using sexual preference terms as a term of insult in any way, shape, or form
- Using threatening, harassing, defamatory, hate-speech, or libelous language
- Posting or requesting links to or material from pornographic, obscene, or hate-speech websites
- Posting links to websites with potentially offensive content without a clear warning
- Descriptions or details about any sexual act or sexual organs
Posting content from other websites. Any content you post on the Asteya Site must be your original work. If it is owned by another, you must have authorization from the copyright owner. If you post content from another source, please include a link back to the original content.
Flaming (Insulting Other Users). Posts clearly insulting, calling out, provoking or harassing other board members, individually or as a group, directly or indirectly, are not allowed. This includes, but is not limited to: Name-calling ("You're an idiot", "You moron") Direct insults ("Screw you") Offensive orders ("Go kill yourself") Insinuations ("Are you stupid or something?") or insults towards family ("Your mom...")
Trolling (Inciting Flames). Posts intended solely to annoy and/or offend other posters by going against the clear nature of a board or topic are not allowed. This includes, but is not limited to:
- Provoking other users to respond with flames
- Constant bickering/arguing
- Making misleading topic titles
- Asking obviously useless questions
- Posting false information as fact
Illegal Activities. Posts that violate or incite others to violate the law are not allowed. This includes, but is not limited to, asking for or providing, in any way, shape, or form:
- Illegal copies of copyrighted software (ROMs, Warez)
- Methods of circumventing copyright protection (Cracks, No-CD Patches, CD Keys, mod chips)
- Illegal copies of copyrighted music (MP3s), movies, videos, or any other type of media
- Reprints of material from other websites (pay or free)
- Ordering or purchasing alcohol if under the age of 21 years
Advertising. Posts that clearly advertise a service or product are not allowed. This includes, but is not limited to:
- Unsolicited commercial or personal website advertisements
- For-Sale/For-Trade/For-Auction/Wanted notices
- "Make Money Fast" scams, chain letters, and pyramid schemes
- Advertising for another message board
Users are allowed to include a website address in a signature, request comments on their personal site in a social setting, or provide interesting or relevant links to another site.
Disruptive Posting. Posts that disrupt the message boards for other users, intentional or not, are prohibited. This includes, but is not limited, to:
- Message posts or topic titles that force browsers to scroll horizontally
- Large blank or content-free posts
- "Bumping" multiple older topics (posting in them well after the last post)
- Posting multiple identical or near-identical messages or topics
- Intentionally hard-to-read topic titles (i.e. ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation, 1337 speak, et cetera)
- Posting multiple hard-to-read or nonsensical messages in a single or multiple topics
- Posting large ASCII art (except in social topics specifically calling for it)
- Post counting (i.e. "First", "100th Post")
Flooding, Invading, and Board Wars. Users may be immediately banned (along with any associated accounts) for:
- Flooding a board with multiple disruptive topics or posts
- Invading another board (flooding a board as a group with multiple topics or posts)
- Instigating, participating in, or retaliating in an invasion of a message board or any other online service
- Announcing or inciting a "war" or any conflict with the regular members of another board
Impersonation. Users may be immediately banned (along with any associated accounts) for impersonating other users by creating and/or using a name clearly intended to impersonate, mock, or antagonize another user, or otherwise falsely claiming to be another.
Harassment/Stalking/Privacy. Continual harassing behavior directed towards a certain individual or group with the intent of creating an intimidating, offensive, or hostile environment on the boards, with or without use of explicit or implicit threats is strictly prohibited. Posting private information without permission is also prohibited. Posts inquiring about temporarily suspended or banned users (for example: "free this user" or "why did this user get banned") will be removed and poster issued a warning. Continued posts of this nature will result in suspension.
Other. Any other activity that is clearly detrimental to the flow of conversation and normal activities of the boards and its users may also be deleted. 7 Relevance and Posting Rules. You must have firsthand experience with any Stylist on which you provide feedback or comments. Offensive Content: You may be exposed to content that you find offensive, indecent or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable. ASTEYA is not responsible for screening content before it is posted.
COPYRIGHT COMPLAINTS AND DMCA AGENT
Company respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Asteya Services infringe upon your copyright or other intellectual property right, please send the following information to Asteya's Copyright Agent at: email@example.com, Butzel Long 301 E. Liberty St. Suite 500 Ann Arbor Michigan 48104:
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Asteya Site where the material you claim is infringed is located. Include enough information to allow Asteya to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your address, telephone number, and e-mail address;
- 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; • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
You further consent that this Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A. without reference to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Michigan for any disputes arising out the use of the Asteya Services. This Agreement constitutes the entire agreement between the parties with respect to the subject matter that it describes. This Agreement supersedes all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the information it covers. 8 If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement. Any remaining provisions of the Agreement will continue to be enforced with full effect.
BUGS AND EXPLOITS
Using exploits or tricks in the Asteya Site’s code or third party platforms to gain privileges, access, or abilities not clearly intended by the board design is prohibited. Making exploits public or using them for personal benefit is grounds for immediate loss of access to the Asteya Services.
SITE SECURITY AND CONDUCT
We have incorporated all reasonable and commercially available measures to protect the Site from unauthorized access. Any unauthorized commercial use of the Asteya Service is expressly prohibited. You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur when using the Site and/or Asteya Services. You are also responsible for the acts or omissions of any individual to whom you grant access—either intentionally or unintentionally. Further, by way of example and not as a limitation, you agree not to:
- harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
- transmit any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, netbots, or any other harmful or deleterious programs or scripts;
- violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Asteya Service;
- interfere with or disrupt networks connected to the Asteya Service or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the Asteya Service, other accounts, computer systems or networks connected to the Asteya Service, through password mining or any other means; or
- interfere with another User’s use and enjoyment of the Asteya Service.
SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited, and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your use of the Asteya Service. You are solely responsible for any breaches of security affecting the servers under your control.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
DISCLAIMER OF WARRANTIES
USE OF THE ASTEYA SERVICES IS ENTIRELY AT YOUR OWN RISK.
Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.
LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY COLLECTING PAYMENT, COORDINATING THE SCHEDULING OF WARDROBE CONSULTATIONS, AND PROVIDING ACCESS TO THE ASTEYA SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE ASTEYA SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES WHETHER KNOWN OR UNKNOWN AND ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION 10 OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, OR SERVICE PROVIDED BY ASTEYA, DESTRUCTION OF YOUR INFORMATION OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PRODUCTS OR FOR ANY INFORMATION APPEARING ON ANY OTHER SITE LINKED TO OUR ASTEYA SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE ASTEYA SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE TOTAL AMOUNT OF YOUR WARDROBE CONSULTATION BOOKINGS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY, OR (II) FIFTY DOLLARS (U.S. $50.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ASTEYA BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
VIOLATION OF TERMS AND TERMINATION
You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Asteya Services. You may terminate this Agreement at any time by ceasing all use of the Asteya Services. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
MODIFICATION TO THE SITE OR SERVICES
We reserve the right to modify or discontinue the Asteya Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Asteya Services. If you object to any such changes, your sole recourse will be to cease access to the Asteya Services. Continued access to the Asteya Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Asteya Services as so modified.
GENERAL PROVISIONS Failure by Asteya to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Asteya with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Asteya, its successors and assigns.