TERMS AND CONDITIONS
The below has been agreed between the User hereinafter referred to as "You" and Celeste Enterprises Private Limited hereinafter referred to as "Celeste". Celeste is owner and operator of www.celestesalons.com ("the Website"), Celeste's Mobile Application ("Celeste App"); collectively, including all content provided by Celeste through the Celeste App and the Website ("Celeste Service"). By using the Celeste Service and/or placing a request, You agree to be bound by these terms and conditions as set out below. By using and browsing the Website and/or the Celeste App, you accept, without limitation or qualification, the Terms and Conditions. If you do not agree with any of the below Terms and Conditions, do not use this Website. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time and you agree to be bound by such modifications, alterations or updates.
PAYMENT TERMS - ORDERING SERVICES
You may order at-home beauty Services by following the directions in the Services. Once you order any Service, you shall make payment by selecting any one mode of payment described at the Application for Services and products ordered. We may change the pricing for the Services (from time to time in our sole discretion) by updating the price list included in the Services and without any additional notice to you, provided that any changes will not affect any Services purchased prior to the notice.
PAYMENT TERMS - REFUND POLICY
If you order an at-home beauty Service, you agree to pay the then-current applicable Service fee listed in the Services on the Site or Application. We, or our booking agent, will bill you as per the payment mode (i.e. credit card or debit card or visa card or master card or any other mode of payment as described on Application) selected by you and submitted in ordering the Service on the date the Service is ordered, and each time you book an appointment thereafter. You may cancel any appointment in accordance with our cancellation policy set forth at https://test.celeste.salon/. All payments are non-refundable, except in case of cancellation of the appointment by Celeste. In case of cancellation by Celeste, the refund will be processed via the same mode as used during the payment. You will not be entitled to get any refund in case You are not available at address provided at the time of booking.
Fees may be exclusive or inclusive of all taxes, levies, tips or duties imposed by taxing authorities as disclosed on the Application from time to time. You are responsible for payment of all such taxes, levies or duties to us as a part of the invoice. Any amounts not paid when due will bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information.
REFUSAL OF TRANSACTION
We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
YOUR RESPONSIBILITIES
As the recipient of at-home beauty Services, you agree to assume certain responsibilities. When you purchase at-home Services, you agree to comply with any rules or requirements applicable to the Service purchased and that you are made aware of, including as part of any confirmation email (the “Requirements”). Whether or not there are Requirements, you agree that: (a) your home (or other space where our Beauticians are invited to be) is safe: (b) you will provide a clean workspace with close proximity to an electrical outlet and a sink with hot and cold running water. You will be present at home as per the time notified to you by our beautician. You are responsible for safety of our Beautician and indemnify us for all claims either from the Beautician or any third party in respect of the services provided by our Beautician.
SOME RESTRICTIONS
The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies thereof. You further agree that you will not seek to hire or otherwise engage our Beauticians for future Services unless you purchase the at-home Services directly from us.
SOME MODIFICATIONS
We reserve the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof, except and if otherwise expressly set forth in below in this agreement.
NO SUPPORT OR MAINTENANCE
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
OWNERSHIP OF THE SERVICES.
Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site and Applications, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our suppliers reserve all rights not granted in this Agreement.
USER CONTENT
“User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence (collectively “SNS Pages”). You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our SNS Pages and on the Services. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content (and not Celeste), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
ACCEPTABLE USE POLICY
You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Services; or (vii) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of, and solely to the extent necessary, for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
ENFORCEMENT
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Account in accordance with Section mentioned below and/or reporting you to law enforcement authorities.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for any services or products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
FEEDBACK
If you provide us any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we will have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively through the Application or online on our website or a third party website. Such products may be in limited quantities and the services may have limited appointment slots. Where colour shade is part of a product of service, while we will take the effort to display as accurately as possible the colours and images that appear, we cannot guarantee that your computer or mobile’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or services and their pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Application is void where prohibited.
Celeste and the Services is not an assured appointment site and does not assure a confirmed appointment for every request that you make on the Application or on Site. Confirmation of appointments shall be subject to the Beautician’s availability, though we will make efforts to confirm your appointment request at the earliest.
USAGE OF CELESTE SERVICE
By using the Celeste service, as a customer, you agree to following. You have provided true, accurate, current and complete information about yourself (Name, Mobile no., Email id, Address) & Your Payment account details (Payment Data, in case of advance payment). You authorize us to use, store or otherwise process your personal information in order to provide better service to you next time and for marketing and credit control purposes. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
Celeste Beauty Executive includes only female beauticians and serves only for ladies. Every visit might have a Minimum billing amount depending on the location and day. Bookings for events (Wedding, Bridal, Kitty party, corporate, etc) shall be taken minimum three (3) working days in advance. Every Beauty Executive is an independent professional directly responsible for providing service to Customers. The service duration mentioned in the menu is fixed and all our Beauty Executives are trained to provide the service within that duration. Any extension of service duration due to customer request/constraints will incur extra charge of Rs.500 per hour or part thereof, billed on hour basis. Appointment confirmed can be cancelled/rescheduled due to operational reasons before the scheduled time. All Discounts will have their own terms & conditions and can be withdrawn at any point of time. Celeste has the right to suspend or terminate your account and refuse all current and future use of the service (or any portion thereof). Single account per user policy - You maintain just one account in your mobile phone, for otherwise your account shall be blocked for further use. You will provide us with whatever proof of identity we may reasonably request. You will not use the services for any other purposes other than the services in the menu, or in a manner that may result in complaints, disputes, fees, fines, penalties, and other liability to Celeste. You will not impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person, and breach this agreement. You will not authorize others to use your account or Share your account details with anyone else.
INTELLECTUAL PROPERTY RIGHTS
All material on this Website ("Material"), including but not limited to text, images, illustrations, etc. are protected by copyrights which are owned and controlled by us or by other parties that have licensed their material to us. Material from the Website or any Website owned, operated, licensed or controlled by us may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Specifically, you should not attempt to "pass off" any of the Material as your own work. Modification of the Material or use of the Material for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of these Terms and Conditions, the use of any material on any other Website or networked computer environment is prohibited. The trademarks, logos and service marks displayed on the Website are our property and the property of other parties. Users are prohibited from using any Marks without our written permission or third parties, which may own the Marks.
DISCLAIMER OF WARRANTIES
To the fullest extent permissible pursuant to applicable law, neither we nor any other party involved in recruiting and training beauticians/stylists, sourcing products, creating, producing, or delivering the website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the services and the products used in services or the website. Without limiting the foregoing, everything on the website is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We shall have absolutely no liability in connection with the services including without limitation, any liability for damage or injury to you or damage to your computer hardware, data, information, and business resulting from the service, material or the lack of information available on the website.
ADDITIONALLY, WE SHALL HAVE NO LIABILITY FOR
Any loss or injury caused, in whole or in part, by our actions, omissions, or negligence, in recruiting, training, or delivering the services including procurement of products used in services;
Any errors, omissions, or inaccuracies in the services and material regardless of how caused, or delays or interruptions in delivery of the service; or any decision made or action taken or not taken in reliance upon the information furnished at this website. We make no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of the Material or that the Material may be relied upon for any reason. We make no warranty, representation or guaranty that the Material will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, "we" shall include Celeste, its subsidiaries, successors, shareholders, and their respective employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
LIMITATION OF LIABILITY
Under no circumstances shall we be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Material, or from the use of the Internet generally. Your use and browsing of the Website is at your risk. You should not rely on any of the Material and instead should seek other opinions before taking any action or determining not to take any action, which could lead to injury, harm or damage of any kind.
LIMITATION OF REMEDY
If you are damaged or injured by any of the Material contained in the Website, or you are dissatisfied with the Website or Material for any reason, then your sole and exclusive remedy is to discontinue using the material and using the Website.
INDEMNITY
You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THIRD PARTY SITES, ADS AND AD NETWORKS
The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under our control and we are not responsible for any Third Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads. We may also work with advertising partners that may deliver advertisements to you on or off our Site based on your activities on the Site
JURISDICTIONAL ISSUES
The Website is controlled and operated by us from our offices in Mumbai, India. We make no representation that Material in the Website is appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement shall be governed by, construed and enforced solely in accordance with the laws of the India and the courts at Mumbai shall have exclusive jurisdiction in this regard. This is the entire agreement between the parties relating to the matters contained herein.
OTHER
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. We may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
