Terms of Use for Oasis Face Bar Services and Applications
Version 1.01
Last Updated 4/11/2024
These Terms & Conditions ("Terms") govern the use of services offered by Oasis Face Bar ("Spa") and the use of this website and our mobile applications. By accessing or using the Spa's services, website, or mobile applications, you agree to abide by these Terms. If you do not agree with any part of these Terms, you may not use the services or access the website (the “Website”) or mobile applications (the “App”).
In addition, when you use any of our current or future content, features, and services (the “Services”), you will be subject to our guidelines, terms, conditions, and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms, and agreements applicable to those services, these Terms of Use will control.
You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and App.
1. Content Ownership
(a) All content contained on the Website and App (collectively, “Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, and data compilations are our property or the property of our licensors or licensees, and the compilation of the Content on the Website and App is our exclusive property protected by intellectual property laws.
(b) Any trademarks, service marks, graphics, logos, page headers, icons, scripts, and trade names (each, a “Mark”) contained on the Website and App are proprietary to us or our licensors or licensees. Unless otherwise stated, Oasis Face Bar and/or its licensors own the intellectual property rights in the Website and App, including, but not limited to, the Content and the Marks. Subject to the license below, all of the aforementioned intellectual property rights are reserved.
2. Acceptable & Prohibited Use
(a) Acceptable Use. You may use the Website and App: (a) to browse our services, (b) book appointments for services offered participating locations and (c) manage existing reservations made through the platform.
(b) Prohibited Use. You must not: (a) use this Website and/or the App in any way that causes, or may cause, damage to the Website and/or App or impairment of the availability or accessibility of the Website and/or App; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (b) you must not use this Website and/or App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software; (c) you must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this Website and/or the App without our express written consent; (d) you must not use this Website and/or the App to transmit or send unsolicited commercial communications; and (e) you must not use this Website and/or the App for any purposes related to marketing without our express written consent.
(c) Monitoring of Use. The Spa reserves the right to monitor website usage and take appropriate action against users violating these Terms or engaging in abusive behavior.
3. Third Parties
(a) Links to Third Party Sites/Third Party Services. www.oasisfacebar.com and/or our mobile app may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Oasis Face Bar and Oasis Face Bar is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Oasis Face Bar is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Oasis Face Bar of the site or any association with its operators.
Certain services made available via www.oasisfacebar.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.oasisfacebar.com domain, you hereby acknowledge and consent that Oasis Face Bar may share such information and data with any third party with whom Oasis Face Bar has a contractual relationship to provide the requested product, service or functionality on behalf of www.oasisfacebar.com users and customers.
4. Your Account
(a) Account Creation. You must create an Oasis Face Bar account with accurate and complete information in order to book and receive services. Incomplete or inaccurate information could result in your account being closed and services refused.
(b) Account Security. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Oasis Face Bar is not responsible for third party access to your account that results from theft or misappropriation of your account.
(c) Right of Refusal. Oasis Face Bar and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
(d) Children Under Thirteen. Oasis Face Bar does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.oasisfacebar.com only with permission of a parent or guardian.
5. Our Services
(a) Oasis Face Bar offers a range of facial treatments and services, including but not limited to cleansing, exfoliation, massage, and skin rejuvenation.
(b) All services are provided by licensed estheticians or professionals trained in facial treatments.
(c) The Spa reserves the right to modify, suspend, or discontinue any service or product offered without prior notice.
6. Booking Services
(a) Clients may book services through packages or memberships offered by Oasis Face Bar.
(b) Packages, which may include a set number of service sessions, may expire after a set period of time where legally allowed.
(c) Memberships may include monthly or annual subscriptions with benefits such as discounted services, priority booking, and additional perks. Memberships renew indefinitely until canceled.
(d) All bookings are subject to availability, and clients are encouraged to schedule appointments in advance.
7. Payment and Refunds
(a) Payment for services, packages, and memberships must be made in full at the time of booking unless otherwise agreed upon.
(b) The Spa accepts various forms of payment, including credit/debit cards, cash, and electronic transfers.
(c) Refunds for services, packages, or memberships are subject to the Spa's refund policy, which may vary based on store location, type of product/service, and applicable laws. For a specific store’s refund policy, please contact the store directly.
8. Cancellation and Rescheduling Services
(a) The Spa enforces cancellation, late cancellation, and no-show policies for booked appointments, of which some may result in fee or forfeiture of the appointment/session. Policies vary by type of purchase, store location, and applicable laws. Each store's specific cancellation policy is included in a confirmation email at the time of appointment booking.
9. Client Responsibilities
(a) Clients are responsible for providing accurate and updated information regarding their health, allergies, and skin conditions that may affect the treatment.
(b) Clients must follow the Spa's guidelines and recommendations before and after facial treatments to ensure optimal results and safety.
10. Liability & Indemnification
(a) The Spa is not liable for any adverse reactions, injuries, or damages resulting from the services provided, unless due to negligence on the part of the Spa or its staff.
(b) You agree to indemnify, defend and hold harmless Oasis Face Bar, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Oasis Face Bar reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Oasis Face Bar in asserting any available defenses.
11. Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.
The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.
The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
12. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Laquerus agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
13. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OASIS FACE BAR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
OASIS FACE BAR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OASIS FACE BAR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OASIS FACE BAR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LAQUERUS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
14. Termination/Access Restriction
Oasis Face Bar reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Oasis Face Bar as a result of this agreement or use of the Site. Laquerus's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Oasis Face Bar’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Oasis Face Bar with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Oasis Face Bar with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Oasis Face Bar with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
15. Changes to Terms
Oasis Face Bar reserves the right, in its sole discretion, to change the Terms under which www.oasisfacebar.com and its services are offered. The most current version of the Terms will supersede all previous versions. Oasis Face Bar encourages you to periodically review the Terms to stay informed of our updates.
16. Contact Information
For inquiries or concerns regarding these Terms & Conditions, clients may contact Oasis Face Bar at info@oasisface.com.
By using Oasis Face Bar services or accessing the website or mobile app, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.