Dom Tech’s Terms of Service

These Terms of Service constitute a legally binding agreement between you and Dom Tech, Inc. ( “Dom” ) governing your use of the Dom Platform. Dom’s websites (including domsalons.com) (the “Sites” ), mobile applications (the “Apps” ), and related services, information and communications are collectively referred to as the “Dom Platform.”

The use of all personal data you submit to the Dom Platform or which we collect about you is governed by our Global Privacy Policy ( “Privacy Policy” ). A copy of our Privacy Policy is available here. You acknowledge that by using the Dom Platform you have reviewed the Privacy Policy.

Your consent at registration and continued use of the Dom Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Global Terms of Service, the Privacy Policy. The Privacy Policy and the Happiness Pledge for the country in which the Service is performed are incorporated by reference into these Terms of Service and together form and are hereinafter referred to as the “Agreement” .

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE DOM PLATFORM.

Your use of the Dom Platform in a country other than the country in which you register constitutes your acceptance of and agreement to all of the terms and conditions in the Agreement for that country.

A few highlights of these Terms of Service include:

  • You must be at least the legally required age in the jurisdiction in which you reside (18 years old for U.S. based users), and otherwise capable of entering into binding contracts, in order to use or access the Dom Platform (Section 2).
  • Your agreement that the technology for the Dom Platform is provided “as is” and without warranty (Section 17).
  • Your agreement that Dom provides no warranty and has no liability regarding User action on the Dom Platform or the performance of Services (Section 17).
  • Your acknowledgment and agreement that Dom does not supervise, scope, direct, control, or monitor a Provider’s work and the Services performed (Section 1).
  • Your acknowledgement and agreement that Clients are solely responsible for determining if the Providers they hire is qualified to perform the Service (Sections 1 and 23).
  • Your acknowledgement and agreement that Providers are independent contractors of Clients and not employees, independent contractors or service providers of Dom (Section 1).
  • Your agreement to hold harmless and indemnify Dom from claims due to your use of or inability to use the Dom Platform or content submitted from your account to the Dom Platform (Section 18).
  • For U.S. and Canadian Users, your agreement to arbitrate disputes with Dom on an individual basis to the fullest extent permitted by applicable law,

 

  1. The Dom Platform Connects Providers and Clients

The Dom Platform is a web- and app-based two-sided marketplace which enables connections between Clients and Providers. “Clients”  are individuals and/or businesses seeking to obtain short-term services ( “Services” ) from Providers and are therefore clients of Providers, and “Providers”  are businesses seeking to perform Services for Clients. Clients and Providers together are hereinafter referred to as “Users.”  If you agree on the terms of a Service with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.

PROVIDERS ARE INDEPENDENT BUSINESS OWNERS. PROVIDERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF DOM. DOM DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, DOM OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS (PROVIDERS) WHO WISH TO PERFORM A VARIETY OF SERVICES.

USERS HEREBY ACKNOWLEDGE THAT DOM DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A PROVIDERS’ WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

Any reference on the Dom Platform to a Providers being licensed or credentialed in some manner, or “badged,” “reliable,” “reliability rate,” “elite,” “great value,” “background checked,” “vetted” (or similar language) designations indicates only that the Providers has completed a relevant account registration process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Dom of such Providers’ Providers’ skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Providers whom they select, interact, or contract with via the Dom Platform.

The Dom Platform enables connections between Users for the fulfillment of Services. Dom is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Dom makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or services provided by, or the communications of or between, Users identified through the Dom Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

  1. Providers Background Checks and User Representations and Warranties

Providers Background Checks

Providers may be subject to a review process before they can register for and during their use of the Dom Platform, which may include but is not limited to identity verification and criminal background checks, using third party services as appropriate ( “Background Checks” ). Although Dom may perform Background Checks, Dom cannot confirm that any User is who they claim to be, and Dom cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Dom will not be liable for any false or misleading statements made by Users of the Dom Platform.

NEITHER DOM, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE DOM PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE DOM AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DOM PLATFORM.

User Representations and Warranties

All Users represent and warrant that:

  • You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users), and are otherwise capable of entering into binding contracts;
  • You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
  • You have read, understand, and agree to be bound by these Terms of Service, and the Privacy Policy applicable to the country where the Service is performed;
  • Services shall only be performed in a country where the Dom Platform has a presence.
  • You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Service or any interaction by or with any User and/or Dom in connection with the Dom Platform without the prior written consent of Dom and/or the relevant User, as applicable;
  • You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Providers or Client as the case may be, and only utilize the third party payment service provider specified or approved by Dom to make or receive payment for services provided through the Dom Platform (the “PSP” );
  • You will act professionally and responsibly in your interactions with other Users;
  • You will use your real name or business name on your profile;
  • When using or accessing the Dom Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
  • You will not use the Dom Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
  • Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
  • Other than as fully and promptly disclosed in writing to Dom, you do not have any motivation, status, or interest that Dom may reasonably wish to know about in connection with the Dom Platform, including without limitation, if you are using or will or intend to use the Dom Platform for any journalistic, academic, investigative, or unlawful purpose.

Providers additionally represent and warrant that:

  • When using the Dom Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
  • You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Dom Platform, and maintain an independent clientele;
  • You have the unrestricted right to work in the jurisdiction in which you will be performing Services;
  • If the Service is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
  • You have any and all insurance required to operate your business and provide your services;
  • You will use your real name or business name andan up-to-date photo on your profile;
  • You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Service(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients;
  • You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
  1. Contract between Clients and Providers

You acknowledge and agree that a legally binding contract with another User (the “ Service Agreement ” ) is formed when you and that User agree on the terms of a Service. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Dom Platform, and any other contractual terms accepted by both the Providers and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Dom’s obligations or restrict Dom’s rights under this Agreement. Dom is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Dom and the Providers, nor will it create an employment relationship between the Client and the Providers. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Dom.

Where approved in advance by the Client,  the Providers is not obligated to personally perform the Service. Providers may engage assistants, helpers, subcontractors or other personnel (collectively “Providers Assistants” ). For safety reasons, such Providers Assistants shall have been registered through the Dom Platform. A Providers’ failure to comply with this provision shall be a violation of these Terms of Service and could lead to removal from the Dom Platform. The Providers assumes full and sole responsibility for the acts and omissions of such Providers Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Providers Assistants, if any, and for all required and applicable tax withholdings as to such Providers Assistants. Clients are responsible for confirming with their Providers that any Providers Assistants are registered Providers on the Dom Platform.

While using the Dom Platform, Clients, in their sole discretion, determine whether they will be present or not when a Service is performed. Clients agree that if someone other than them books the Service on their behalf or is present in their stead when the Service is performed, they are appointing that person as their agent ( “ Client’s Agent ” ) and the Providers may take and follow direction from the Client’s Agent as if such direction was given from the Client him- or herself. If you are a Client’s Agent and accessing and using the Dom Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client’s Agent may authorize any applicable waiver of the Client’s scoping, direction, or instruction of the Providers’ work or performance of the Service in the Client’s stead. Client agrees that such direction and/or waiver is valid against Client and Client’s Agent, and Client shall be responsible and liable for all such direction and/or waiver as if made by Client him or herself. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents. Client’s Agents are deemed third parties for the purposes of the Happiness Pledge and are thereby excluded from it.

The Client shall pay their Providers(s) in full for all Service services via the PSP as indicated on the Dom Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Service.

  1. Billing and Payment

Users of the Dom Platform contract for Services directly with other Users. Dom will not be a party to any contracts for Services or services. Client, and not Dom, is responsible for payment for all Service services through the Dom Platform.  Such payment must be made via the PSP.  Dom is not obligated to compensate Providers for Client’s failure to pay for services.

The Service Payment, service charge, and Support fee must be paid through the PSP.  Clients on the Dom Platform will be required to provide their payment method details to Dom and the PSP. Providers are responsible for accurately invoicing their Clients within 24 hours of the work being performed, even if the Service is not completed in its entirety or is designated as “ongoing”. Clients will be responsible for paying the invoice(s) for each Service (the “Invoice(s)” ), which will include (a) the pricing terms of the Service provided by the Providers and agreed upon by the parties ( “Service Payment” ), (b) any out of pocket expenses agreed upon by the parties and submitted by the Providers in connection with the Service,  (c) the service charge Dom assesses to the Client for access to and information regarding Providers, and (d) the Support Fee Dom assesses to the Client for  customer support, services in support of the Happiness Pledge, and other various other services, or (e) cancellation charges, if applicable. In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice(s), and all such tips or gratuities shall go directly to the Providers. Clients may also be charged credit card processing fees equal to 3% of the aggregate expense amount if expenses related to a Service individually, or Services in the aggregate over a 30-day period, exceed $300 / 300£ / 300€, as applicable in your country . Providers will be responsible for paying (i) registration fees, if applicable, and (ii) repayment of erroneous payments.

Providers will be required to set up an account with the PSP, which may require any or all of the following: registration with the PSP, consent to the terms of service of the PSP, and completion of a vetting process and/or account validation at the request of the PSP. By accepting these Terms of Service, each Providers agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement (the “PSP Services Agreement” ). Please note that Dom is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Dom has no obligations, responsibility or liability to any Providers or other party under the PSP Services Agreement.

To help prevent fraud and safeguard User information from the risk of unauthorized access, Dom and/or the PSP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-5 business days.   This temporary charge may vary depending on the estimated value of the Service and expenses.

When Client receives confirmation through the Dom Platform or via email that a Service has been completed, Client automatically authorizes the PSP to process the Invoice(s). Clients  may be billed a one-hour cancellation charge as damages at the Providers’ hourly rate through the PSP if you book a Service, but cancel it before the scheduled time for performance  (for users in Germany, please refer to the Jurisdiction-specific provisions).

Dom reserves the right (but not the obligation) upon request from Client or Providers, or upon notice of any potential fraud, unauthorized charges or other misuse of the Dom Platform, to place on hold any Service Payment, out of pocket expenses, and/or tip or gratuity (if applicable), or refund or provide credits, or arrange for the PSP to do so.

Users of the Dom Platform may be liable for any taxes or similar charges (including VAT, if applicable in the country where the Service is performed) required to be collected and/or paid on the Services and/or fees provided under the Agreement.

In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you.  You agree that Dom may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.

  1. Contests, Gift Cards, and Promotional Codes

Dom may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of Dom, and can be implemented, modified, or removed at any time by Dom without advance notification. The liability of Dom and Affiliates, as well as any of Dom’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 17 of these Terms of Service.

Dom gift cards ( “Gift Cards” ) and promotional codes ( “Promo Codes” ) may be available and can be used to pay Service Payments and the Dom service charge and Support Fee in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips or gratuity associated with a Service provided through the Dom Platform.

  1. Promo Codes

Promo Codes are an offer by Dom to reduce the amount a Client has to pay in relation to a Service Payment, service charge, and/or Support Fee. Promo Codes will not affect the amount of the Service Payment a Providers ultimately receives. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between Dom or the Providers or Client, or constitute wages, fees or other amounts paid to the Providers. You agree that you will use Promo Codes in accordance with the terms and conditions governing the Promo Code. A new user Promo Code may only be used once per User, regardless of the email address used during registration. Dom reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the use or redemption of a Promo Code was in error, fraudulent, illegal, or otherwise in violation of the applicable Promo Code terms and conditions or this Agreement.

  1. Gift Cards

Gift cards can only be used in connection with Services performed on the Dom Platform, are not replaceable if lost or stolen, and have no expiration date. Gift cards have no cash value and cannot be exchanged for cash except as required by law. Gift Cards must be entered directly into the Client account; they may not be directly accepted by Providers as a payment method.

A Gift Card cannot be combined with any other Gift Cards, gift certificates or Promo Codes. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (or add value/balance) to your Gift Card at this time. If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Dom reserves the right to correct the balance of a Gift Card if Dom believes that a billing error has occurred. Dom reserves the right to limit quantities of Gift Cards purchased by any person or entity, and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.

You agree to comply with all Gift Card terms and conditions.

  1. Public Areas; Acceptable Use

The Dom Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, Service postings, chat areas, news groups, forums, communities and/or other message or communication facilities ( “Public Areas” ) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Dom Platform, you should not share your personal contact information with other Users.

Without limitation, the Dom Platform may not be used for any of the following purposes:

  • To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Dom staff;
  • To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
  • To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Dom;
  • To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage Dom or its Users’ computers;
  • To advertise or offer to sell any goods or services for any commercial purpose through the Dom Platform which are not relevant to the Service services;
  • To post or complete a Service requiring a User to (i) purchase or obtain gift cards or money orders (ii) purchase high value items (over $300 / 300£ / 300€, as applicable in your country) without obtaining pre-authorization from Dom, (iii) travel into different countries during the performance of a Service, (iv) provide ridesharing or other peer to peer transportation services, (v) post ratings or reviews on any third party website in breach of such third party website’s terms of use, or (vi) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by Dom in its sole discretion;
  • To conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • To impersonate another person or a Useror allow any other person or entity to use your user profile to post or view comments (except as may be permitted under Section 3 for Client’s Agent).

While using the Dom Platform, you may not:

  • Use the Dom Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Service in violation of local, state, provincial, national, or international law;
  • Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
  • Post the same Service repeatedly (“spamming”);
  • Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Dom Platform;
  • Restrict or inhibit any other User from using and enjoying the Public Areas;
  • Imply or state that any statements you make (whether on or off the Dom Platform) are endorsed by Dom, without the prior written consent of Dom;
  • Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Dom Platform, or the electronic addresses or personal information of others, in any manner;
  • Frame or utilize framing techniques to enclose the Dom Platform or any portion thereof;
  • Hack or interfere with the Dom Platform, its servers or any connected networks;
  • Adapt, alter, license, sublicense or translate the Dom Platform for your own personal or commercial use;
  • Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Dom and Affiliates;
  • Upload content to the Dom Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
  • Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
  • Solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Dom Platform as set forth herein;
  • Collect usernames, email addresses, or other personal information of Users by electronic or other means;
  • Use the Dom Platform or the Service services in violation of this Agreement;
  • Use the Dom Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Dom’s trade secret information for public disclosure or other purposes;
  • Attempt to circumvent the payments system or service charge or Trust & Support  fee in any way including, but not limited to, making or processing payments outside of the Dom Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
  • Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
  • Cause any third party to engage in the restricted activities above; or
  • Use tools with the goal of masking your IP address (like the TOR network).

You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Dom will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

  1. Mobile App Updates and Upgrades

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Dom Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Dom’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

  1. Deactivation and Suspension

Dom may suspend your right to use the Dom Platform pending its investigation of a potential breach by you of this Agreement. Dom may deactivate your account or limit your use of the Dom Platform upon its determination that you breached a provision of this Agreement (a “User Breach” ). Dom will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety .  If you wish to appeal this determination, please contact support@domsalons.com  within 14 days of receipt of such notice with the grounds for your appeal .

If Dom suspends or deactivates your account or limits your use of the Dom Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Even after your right to use the Dom Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Dom reserves the right to take appropriate legal action pursuant to the Agreement.

Dom reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Dom Platform at its sole discretion. Dom will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Dom shall not be liable to you for any modification or discontinuance of all or any portion of the Dom Platform. Dom has the right to restrict anyone from completing registration as a Providers if such person may threaten the safety and integrity of the Dom Platform, or if such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the Dom Platform and deactivating your account.

  1. Account, Password, Security, and Telephone Communications

You must register with Dom and create an account to use the Dom Platform. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Dom for accessing the Dom Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Dom has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify Dom immediately.

You acknowledge that telephone calls to or from Dom, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.

You verify that any contact information provided to Dom, its agents and Affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify Dom before the change goes into effect by visiting help.tr.co. If the change regards ownership of your telephone numbers, you may notify Dom by texting STOP to any text message sent to the retiring phone number.

  1. User Generated Content

“User Generated Content”  is defined as any information and materials you provide to Dom, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the Dom Platform and participation in Dom promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Dom is not involved in the creation, development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Dom has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.

You hereby represent and warrant to Dom that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Service is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Dom or otherwise purport to act as a representative or agent of Dom; and (i) will not create liability for Dom or cause Dom to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.

The Dom Platform hosts User Generated Content relating to reviews and ratings of specific Providers ( “Feedback” ). Feedback is such User’s opinion and not the opinion of Dom, and has not been verified or approved by Dom. You agree that Dom is not responsible or liable for any Feedback or other User Generated Content. Dom encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted . Dom is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such Feedback. You may request removal of a review that violates this Agreement or the Dom Ratings and Reviews Policy  by contacting the Support team at help.tr.co. Each Client should undertake their own research prior to booking to be satisfied that a specific Providers has the right qualifications for a Service.

Dom respects the personal and other rights of others, and expects Users to do the same. Dom is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.

If a User believes, in good faith, that any User Generated Content provided on or in connection with the Dom Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify Dom. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify Dom. Such notification can be made at Dom, Inc., 237 Kearny Street #9003 San Francisco, CA 94108.

  1. Links to Third-Party Websites

The Dom Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Dom or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Dom Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Dom does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Dom is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Dom has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Dom Platform at its sole discretion.

The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policy for that website. You access such third-party websites at your own risk. Dom expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Dom Platform. You hereby agree to hold Dom harmless from any liability that may result from the use of links that may appear on the Dom Platform.

  1. Dom Operates as an Online Marketplace

Dom operates as an online marketplace that connects Clients with service providers (Providers) who wish to perform a variety of Services. Dom does not perform Services and does not employ people to perform Services. Providers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Clients through the Dom Platform. Dom does not control or direct the Providers’ performance of their services or set their work locations, work hours, or terms of work. Providers provide services under their own name or business name, and not under Dom’s name. Providers provide their own tools and supplies to perform their services; Dom does not provide the tools or supplies. Providers are free to maintain a clientele without any restrictions from Dom and are free to offer and provide their services elsewhere, including through competing platforms. Providers are free to accept or reject Clients and contracts. Providers are not penalized for rejecting Clients or contracts, though if Providers accept a Client or contract through the Dom Platform, they are expected to fulfill their contractual obligations to their client. Providers set their own rates for services performed in the Dom general marketplace, without deduction by Dom.

The Dom Platform is not an employment agency service or business and Dom is not an employer of any User. Providers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Services and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.

  1. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Dom designs, trademarks, and logos (collectively “Proprietary Material” ) that Users see or read through the Dom Platform is owned by Dom, excluding User Generated Content, which Users hereby grant Dom a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Dom owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Dom Platform without Dom’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.

The service marks and trademarks of Dom, including without limitation Dom, Dom for Good, and associated logos, are service marks owned by Dom. Any other trademarks, service marks, logos and/or trade names appearing via the Dom Platform are the property of their respective owners.  Dom’s proprietary marks and logos are not available for use by Providers.  You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

  1. Copyright Complaints and Copyright Agent

Dom 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 Dom Platform infringe upon your copyright or other intellectual property right, please send the following information to support@domsalons.com A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Dom Platform where the material you claim is infringed is visible. Include enough information to allow Dom 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 name, 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
  • Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
  1. Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Dom and agree that you will not, for the lifetime of your account on Dom plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Dom Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Dom in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Dom promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.

The term “Confidential Information”  shall mean any and all of Dom’s trade secrets, confidential and proprietary information, and all other information and data of Dom that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Dom or Dom’s business, operations or properties, including information about Dom’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.

  1. Disclaimer of Warranties

Please note that for Users outside the United States, this Section 17 may be subject to the jurisdiction-specific exemptions set forth in Section 28.

  1. Use Of The Dom Platform Is Entirely At Your Own Risk

THE TECHNOLOGY OF THE DOM PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. DOM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE DOM PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE DOM PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DOM PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

Dom does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Dom Platform or any hyperlinked website or featured in any banner or other advertising, and Dom will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Dom and Affiliates do not warrant that access to the Dom Platform will be uninterrupted or that the Dom Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Dom Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Service, service, information or materials provided through or in connection with the use of the Dom Platform. Dom and Affiliates are not responsible for the conduct, whether online or offline, of any User. Dom and Affiliates do not warrant that the Dom Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Dom and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.

Notwithstanding any feature or service that a Client may use to expedite Providers selection, each Client is responsible for determining the Service and selecting or otherwise approving their Providers  and Dom does not warrant any goods or services purchased by a Client and d oes not recommend any particular Providers . Dom does not provide any warranties or guarantees regarding any Providers’ ability, professional accreditation, registration or licensure.

  1. No Liability

You acknowledge and agree that Dom is only willing to provide the Dom Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Dom and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities” ) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Dom Platform, 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 of personal property), any dispute with any User, any instruction, advice, act, or service provided by Dom and Affiliates, and any destruction of your User Generated Content.

UNDER NO CIRCUMSTANCES WILL DOM AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE DOM AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM  ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY DOM, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE DOM PLATFORM OR THE SERVICE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.

DOM AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS DOM PLATFORM. DOM AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE DOM PLATFORM.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT DOM AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO DOM (IF YOU ARE A CLIENT) OR TOTAL SERVICE PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A PROVIDERS), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

  1. Indemnification

You hereby agree to indemnify, defend, and hold harmless Dom and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Dom Platform; (ii) your participation in Services, or your ability or inability to perform or obtain the performance of Services or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the Dom Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client’s Agents. Dom reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Dom.

  1. Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Dom Platform, your relationship with Dom, Services, or this Agreement (including previous versions), ( “Dispute” ), you and Dom agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any out of court settlement ( such as mediation or arbitration) or court proceeding  (except as may be set forth in Section 28). Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Dom. Dom’s address for such notice is

Attention: Dom Tech, LLC

8 The Green, Street A
Dover, De
19901

  1. App Store-Sourced Apps

The following applies to any App accessed through or downloaded from the Apple App Store (an “App Store-Sourced Application” ):

You acknowledge and agree that (i) the Agreement is entered into between you and Dom only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Dom, not Apple, is solely responsible for the App Store-Sourced Application and content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application.

In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Dom and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Dom, subject at all times to warranty limitations and exclusions set forth in this Agreement.

You and Dom acknowledge that, as between Dom and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Dom acknowledge that, in the event of any third party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party’s intellectual property rights, as between Dom and Apple, Dom (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement.

You and Dom acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store-Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store-Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store-Sourced Application.

  1. No Agency; No Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

  1. Changes to this Agreement and the Dom Platform

Dom reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy, and Happiness Pledge) and review, improve, modify or discontinue, temporarily or permanently, the Dom Platform or any content or information through the Dom Platform at any time, effective with or without prior notice and without any liability to Dom. Dom may also impose limits on certain features or restrict your access to part or all of the Dom Platform without notice or liability.

Dom will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Dom Platform. Your continued use of the Dom Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.

  1. No Rights of Third Parties

The provisions of this Agreement are for the sole benefit of the Parties and their permitted successors and assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth in Section 20) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.

  1. Acknowledgement and Consent

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY aNd AGREE THAT MY USE OF THE DOM PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.