Privacy Policy and Terms of Service

Privacy Policy

Introduction

Your privacy matters to ONFLEEKQ TECHNOLOGIES LIMITED (“onfleekQ”, “we”, or “us”). This Privacy Policy explains how we collect, use, share and protect information about our onfleekQ Members and onfleekQ vendors/sellers/service providers (collectively referred to as “onfleekQ Users” or “you”).

This policy applies to information we collect on the onfleekQ Mobile Application (the “onfleekQ App”) and on our website at www.onfleekq.com (“onfleekQ Website”) (collectively referred to as the “onfleekQ Services”).  The policy does not apply to information that you provide to or is collected by any third party whether through or in connection with your use of the onfleekQ Services or otherwise, including information onfleekQ Members and onfleekQ vendors/sellers/service providers may exchange between each other.  Third parties may have their own privacy policies, which we encourage you to inquire about before providing information to them.  You agree and acknowledge that onfleekQ has no duty or responsibility to maintain and safeguard any information you may provide to or is collected by any third party whether through or in connection with your use of the onfleekQ Services or otherwise.

This Privacy Policy is incorporated by reference into both our onfleekQ Users Terms of Use and onfleekQ Vendor/seller/service provider Terms of Use.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the onfleekQ Services. By downloading and using the onfleekQ App and/or registering with us through the onfleekQ Website, you agree to this privacy policy.  This policy may change from time to time. Your continued use of the onfleekQ Services after we make changes is deemed to be acceptance of those changes, so please check this policy periodically for updates.

Persons under the Age of 18

The onfleekQ Services are not intended for persons under 18 years of age, and we do not knowingly collect personal information from persons under 18 years of age.  If we learn we have collected or received personal information from persons under 18 without verification of parental consent, we will delete that information.

Information that is being collected

Personal Information. We may ask you to provide us with certain categories of information such as personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, home or office address and mobile number (“Personal Information”). We may also collect personal information about onfleekQ vendors/sellers/service providers through certain background checks we perform.

Non-Personal Information. When you download the onfleekQ App or use the onfleekQ website, access and use the onfleekQ Services, we may use technology to automatically collect:

Usage Details.  When you access and use the onfleekQ Services, we may automatically collect certain details of your access to and use of the onfleekQ Services, including location data and other communication data and the resources that you access on or through the onfleekQ Services.

Device Information.  We may collect information about your desktop or mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, and for mobile devices certain network information and the device’s telephone number.

Stored Information and Files.  The onfleekQ Services also may access metadata and other information associated with other files stored on your device.

Location Information.  The onfleekQ Services collect real-time information about the location of your device.

If you do not want us to collect this information do not download the onfleekQ App or otherwise access the onfleekQ Services.

We also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services (behavioural tracking).

Information collection and tracking technologies

The technologies we use for automatic information collection may include:

Cookies.  A cookie is a small file placed on your device.  It may be possible to refuse to accept cookies by activating the appropriate setting on your device.  However, if you select this setting, you may be unable to access certain parts of the onfleekQ Services.  onfleekQ cannot control the use of cookies (or the resulting information) by third parties and use of third-party cookies is not covered by this policy.

Web Beacons. Pages of the onfleekQ Services and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit onfleekQ, for example, to count users who have visited those pages (or opened an e-mail) and for other related onfleekQ Services statistics (for example, recording popularity of certain onfleekQ App content and verifying system and server integrity).

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the onfleekQ Services, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider, is active only while you are connected to the onfleekQ Services and is deactivated or deleted thereafter.

Third party Information Collection

When you use the onfleekQ Services, certain third parties may use automatic information collection technologies to collection information about you and your device.  These third parties may include:

Advertisers, ad networks and ad servers.

Analytics companies.

Your mobile device manufacturer.

Your mobile service provider.

Our payments processor.

These third parties may use tracking technologies to collect information about you when you use the onfleekQ Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities overtime and across different websites, apps, and other online services websites.  They may use this information to provide you with interest-based (behavioural) advertising or other targeted content.

onfleekQ does not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How we use your information

onfleekQ uses information that we collect about you or that you provide to us, including any personal information, to:

Provide you with the onfleekQ Services, and any other information, products, or services that you request from us.

Fulfil any other purpose for which you provide it.

Give you notices about your account.

Carry out our obligations and enforce our rights arising from any contracts entered between you and us, including our billing and collection.

Notify you when onfleekQ Service updates are available, and of changes to any products or services we offer or provide through the onfleekQ App and onfleekQ Website.

The usage information we collect helps us to improve the onfleekQ Services and to deliver a better and more personalized experience by enabling us to:

Estimate our audience size and usage patterns.

Store information about your preferences, allowing us to customize the onfleekQ Services according to your individual interests.

Recognize you when you use the onfleekQ Services.

Additionally, we use location information we collect to (i) provide onfleekQ vendors/sellers/service providers with the address of onfleekQ Members requesting the services of onfleekQ vendors/sellers/service providers, (ii) track the location of onfleekQ vendors/sellers/service providers and (iii) for certain other purposes related thereto.

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you.

We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Facebook Permissions 

The Site [and our mobile application] may by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page. 

Data from Social Networks

User information from social networking sites, such as [Apple’s Game Centre, Facebook, Google+, Instagram, Pinterest, Twitter], including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. [If you are using our mobile application, this information may also include the contact information of anyone you invite to use and/or join our mobile application.]

Mobile Device Data

Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.

Third-Party Data

Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.

Data from Contests, Giveaways, and Surveys

Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.

Mobile Application Information

If you connect using our mobile application:

Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.

Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s [Bluetooth, calendar, camera, contacts, microphone, reminders, sensors, SMS messages, social media accounts, storage,] and other features. If you wish to change our access or permissions, you may do so in your device’s settings.

Mobile Device Data. We may collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and IP address.

Push Notifications. We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site [or our mobile application] to:

Administer sweepstakes, promotions, and contests.

Assist law enforcement and respond to subpoena.

Compile anonymous statistical data and analysis for use internally or with third parties.

Create and manage your account.

Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site [and our mobile application] to you.

Email you regarding your account or order.

Enable user-to-user communications.

Fulfil and manage purchases, orders, payments, and other transactions related to the Site [and our mobile application].

Generate a personal profile about you to make future visits to the Site [and our mobile application] more personalized.

Increase the efficiency and operation of the Site [and our mobile application].

Monitor and analyse usage and trends to improve your experience with the Site [and our mobile application].

Notify you of updates to the Site [and our mobile applications].

Offer new products, services, [mobile applications,] and/or recommendations to you.

Perform other business activities as needed.

Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.

Process payments and refunds.

Request feedback and contact you about your use of the Site [and our mobile application].

Resolve disputes and troubleshoot problems.

Respond to product and customer service requests.

Send you a newsletter.

Solicit support for the Site [and our mobile application].

Disclosure of your information

We may disclose aggregated information about our onfleekQ Members/Users and onfleekQ vendors/sellers/service providers, and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect, or you provide:

To our subsidiaries and affiliates.

To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

To third parties to market their products or services to you if you have consented to/not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.

To fulfil the purpose for which you provide it.

For any other purpose disclosed by us when you provide the information.

With your consent.

To comply with any court order, law, or legal process, including to respond to any government or regulatory request. By Law or to Protect rights If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

To enforce our rights arising from any contracts entered between you and us, including for billing and collection.

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of onfleekQ, onfleekQ Members, onfleekQ vendors/sellers/service providers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your choices about our collection, use and disclosure of your information.

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the onfleekQ Services may then be inaccessible or not function properly.

Location Information. You must choose to allow the onfleekQ Services to collect and use real-time information about your device’s location. If you block the use of location information the onfleekQ Services may then be inaccessible and will not function properly.

Promotion by the Company. If you do not want us to use your e-mail address to promote our own or third parties’ products or services, you can opt-out by logging into the onfleekQ Services and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to support@onfleekq.com

Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an e-mail stating your request to support@onfleekq.com

Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by sending us an e-mail stating your request to support@onfleekq.com

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

Accessing and correcting your personal information

You can review and change your personal information by logging into the onfleekQ Services and visiting your account profile page.

You may also send us an e-mail at support@onfleekq.com to request access to, correct or delete any personal information that you have provided to us and your request would be immediately attended to. We will remove such personal information from our server. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Data security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. All information you provide to us through your use of the onfleekQ Services will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password to access the onfleekQ Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the onfleekQ Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Contact information.

To ask questions or comment about this privacy policy and our privacy practices, contact us at support@onfleekq.com

 

Signed: MANAGEMENT

Terms and Conditions

These onfleekQ Member/User Terms and Conditions (this “Agreement”) apply to your use as a onfleekQ Member of: (1) the onfleekQ website at http://www.onfleekq.com and all affiliated websites owned and operated solely by onfleekQ (collectively, the “onfleekQ Site”), (2) the appointment booking engine made available by onfleekQ through the onfleekQ Site and the onfleekQ-branded application for smartphone devices (collectively, the “onfleekQ Application”), and any other online properties of onfleekQ (the “onfleekQ Booking Engine”) as described in Part I below, (3) the payment for services made available by onfleekQ Professionals through the onfleekQ Application (the “onfleekQ Payment Services”), as described in Part II below, (4) any other services or features made available to onfleekQ Members through the onfleekQ Site or the onfleekQ Application. Together, the items in (1) through (4) are the “onfleekQ Member Services”. In this Agreement, “onfleekQ” and “we” mean onfleekQ Technologies LTD., and “onfleekQ Member/User” and “you” mean any person using the onfleekQ Member Services to receive beauty and Personal care/wellness services/products from onfleekQ registered vendors/seller/service provider through the onfleekQ Site and onfleekQ Application. 

onfleekQ may update or revise this Agreement from time to time. You agree that you will review this Agreement periodically. You are free to decide whether to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the onfleekQ Member Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the onfleekQ Member Services, in which case you will no longer have access to the onfleekQ Member Services or your onfleekQ Member Account (as defined below). Except as otherwise expressly stated by onfleekQ, any use of the onfleekQ Member Services is subject to the version of this Agreement in effect at the time of use. By accessing or using the onfleekQ Member Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the onfleekQ Member Services.

PART I – onfleekQ BOOKING ENGINE 

1)         onfleekQ provides the onfleekQ Booking Engine to onfleekQ Members for the purpose of assisting onfleekQ Members in securing onfleekQ registered vendors/sellers/service providers to provide beauty/wellness/fitness services/products. In response to a onfleekQ Member’s request to book a onfleekQ Professional through the onfleekQ Site or onfleekQ Application, onfleekQ directly notifies the onfleekQ registered vendors/sellers/service providers of the onfleekQ Member’s booking request through the onfleekQ Booking Engine. An onfleekQ Professional may accept or reject a onfleekQ Member’s booking request in his or her sole discretion.  onfleekQ registered vendors/sellers/service providers at no time shall be required to accept a onfleekQ Member’s booking request. 

2)         Each onfleekQ registered vendors/sellers/service providers shall be free in his or her sole discretion to determine at what times and on what dates a onfleekQ Professional shall make himself or herself available on the onfleekQ Booking Engine to accept booking requests from onfleekQ Members.  

PART II – PAYMENT TERMS

3)         In order to use the onfleekQ Payment Services, you must provide credit card or debit card information for at least one operational and valid credit card or debit card through the onfleekQ Application. You may add, delete, and edit the credit card or debit card information you have provided from time to time through the onfleekQ Application. 

4)         Upon the onfleekQ registered vendors/sellers/service providers’ confirmation to onfleekQ that an appointment or purchase with a onfleekQ Member has been completed the onfleekQ Member’s credit card or debit card is immediately charged in full for the service. 

5)         In the event a onfleekQ Member desires to cancel an appointment or purchase, such cancellation will be at no charge to the onfleekQ Member if cancelled within the first five (5) minutes of a confirmed booking.  If a onfleekQ Member cancels after five (5) minutes to fifteen (15) minutes of a confirmed booking the onfleekQ Member will be charged 30% of the total cost of the services as a cancellation fee.  If a onfleekQ Member cancels more than fifteen (15) minutes after a confirmed booking the onfleekQ Member will be charged 50% of the total cost of the services as a cancellation fee. 

6)         To the extent permitted by applicable law and subject to our privacy policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments.

PART III – GENERAL TERMS 

7)         onfleekQ is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and disclose information in connection with the onfleekQ Member Services.

8)         You are required to create a onfleekQ Member account with onfleekQ through the onfleekQ Site or onfleekQ Application (“onfleekQ Member Account”) to receive services from onfleekQ registered vendors/sellers/service providers.  When registering for a onfleekQ Member Account, you must provide true, accurate, current, and complete data about yourself (“onfleekQ Member Registration Data”). You also agree to promptly update the onfleekQ Member Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your onfleekQ Member Account and the information in your onfleekQ Member Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your onfleekQ Member Account, whether authorized by you. You agree to immediately notify onfleekQ of any unauthorized use of your onfleekQ Member Account or any other breach of security related to your use of the onfleekQ Services.

9)         The onfleekQ Application may use GPS locator capabilities to identify your current location. You hereby expressly consent to receive SMS text messages from onfleekQ regarding the onfleekQ Member Services and as otherwise described in our privacy policy . The communication standards for the onfleekQ Member Services include, but are not limited to SMS, GPS, and web-based browser technology. To use the onfleekQ Application, you must maintain an active account with a carrier of electronic communications through mobile devices.

10)        Use of the onfleekQ Member Services requires Internet access through your device. You are responsible for all mobile carrier charges resulting from your use of the onfleekQ Member Services, including from any notifications provided by the onfleekQ Services. onfleekQ does not guarantee that the onfleekQ Member Services will be compatible with all devices or will be supported by all mobile carriers. 

11)        onfleekQ reserves the right, in its sole discretion, to modify the onfleekQ Member Services and the pricing structure for the provision of such services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the onfleekQ Site and onfleekQ Application. onfleekQ shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the onfleekQ Member Services. Continued use of the onfleekQ Member Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the onfleekQ Member Services, including the pricing structure in relation thereto.

12)        The features, information, and materials provided and depicted through the onfleekQ Member Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the onfleekQ Member Services (collectively, the “onfleekQ Content”) are provided to onfleekQ Members by onfleekQ solely to support the onfleekQ Member’s permitted use of the onfleekQ Member Services. The onfleekQ Content maybe modified from time to time by onfleekQ in its sole discretion. Except as expressly set forth herein, no license is granted to onfleekQ Members for any other purpose, and any other use of the onfleekQ Members Services or the onfleekQ Content by onfleekQ Members shall constitute a material breach of this Agreement. onfleekQ retains all rights in the onfleekQ Members Services and onfleekQ Content and any associated patents, trademarks, copyrights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of onfleekQ or any third party is granted under this Agreement.

13)        Subject to the terms and conditions of this Agreement, onfleekQ grants onfleekQ Members a non-exclusive, non-transferable, revocable license to use the onfleekQ Application, in object code form only, on a onfleekQ Member’s compatible mobile devices, solely to support the onfleekQ Member’s permitted use of the onfleekQ Member Services.

14)        The onfleekQ Member Services and onfleekQ Content are offered solely for onfleekQ Member’s personal use for the purposes described in this Agreement. All other uses are prohibited. onfleekQ expressly reserves all its rights and remedies under applicable state and federal laws. onfleekQ reserves the right, in its sole discretion, to refuse service, terminate onfleekQ Member Accounts, remove or edit content, cancel bookings, or deny access to the onfleekQ Member Services. You agree not to (and not to allow any third party to): (1) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the onfleekQ Member Services or copy any onfleekQ Content, except as expressly authorized by onfleekQ; (2) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the onfleekQ Member Services; (3) use the onfleekQ Member Services or onfleekQ Content for any illegal purpose; or (4) publicly disseminate information regarding the performance of the onfleekQ Member Services or onfleekQ Content.

15)        onfleekQ may suspend your ability to use all or any element of the onfleekQ Member Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, onfleekQ may suspend your access to the onfleekQ Member Services if we believe you to be in violation of any part of this Agreement.  After any suspension or termination, you may or may not be granted permission to use the onfleekQ Member Services or re-establish a onfleekQ Member Account. You agree that onfleekQ shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the onfleekQ Member Services at any time. You understand that any termination of your onfleekQ Member Account may involve deletion of any content stored in your onfleekQ Member Account for which onfleekQ will have no liability whatsoever.

16)        You represent and warrant: (1) the accuracy and truthfulness of all information you provide to onfleekQ for uploading to the onfleekQ Site and onfleekQ Application or otherwise, and (2) no information you upload to the onfleekQ Site or onfleekQ Application shall infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at onfleekQ’s request) defend onfleekQ, and its representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “onfleekQ Parties”) from and against all claims, injuries, illnesses, damages and liabilities (“Claims”) resulting from (1) your use of the onfleekQ Member Services, (2) any Claim made by a onfleekQ registered vendors/sellers/service providers against the onfleekQ Parties arising out of or relating to the acts or omissions of a onfleekQ Member receiving beauty and wellness services from a onfleekQ registered vendors/sellers/service providers, or (3) any breach or alleged breach by you of this Agreement.

17)        TO THE MAXIMUM EXTENT PERMITTED BY LAW IN NO EVENT SHALL THE ONFLEEKQ PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE ONFLEEKQ MEMBER SERVICES BY THE ONFLEEKQ MEMBER (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE ONFLEEKQ BOOKING ENGINE), OR (4) A ONFLEEKQ REGISTERED VENDORS/SELLERS/SERVICE PROVIDERS ACTS OR OMISSIONS AT A ONFLEEKQ MEMBER’S RESIDENCE OR OTHER LOCATION WHETHER RELATED TO THE ONFLEEKQ REGISTERED VENDORS/SELLERS/SERVICE PROVIDERS PROVISION OF BEAUTY SERVICES/PRODUCTS TO A ONFLEEKQ MEMBER OR OTHERWISE.

18)        ONFLEEKQ EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED IN RESPECT OF THE ONFLEEKQ MEMBER SERVICES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO THE INFORMATION PROVIDED ABOUT ONFLEEKQ REGISTERED VENDORS/SELLERS/SERVICE PROVIDERS AND THE ACTS OR OMISSIONS OF ONFLEEKQ REGISTERED VENDORS/SELLERS/SERVICE PROVIDERS.

19)       THE QUALITY OF THE ONFLEEKQ REGISTERED VENDORS/SELLERS/SERVICE PROVIDERS SERVICES/PRODUCTS IS ENTIRELY THE RESPONSIBILITY OF THE ONFLEEKQ REGISTERED VENDORS/SELLERS/SERVICE PROVIDERS WHO PROVIDES SUCH BEAUTY AND FITNESS SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICES OF A ONFLEEKQ REGISTERED VENDORS/SELLERS/SERVICE PROVIDERS YOU MAY BE EXPOSED TO BEAUTY SERVICES OR PRODUCTS THAT ARE POTENTIALLY DANGEROUS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOUR USE OF THE ONFLEEKQ MEMBER SERVICES AND BOOKING OF A ONFLEEKQ REGISTERED VENDORS/SELLERS/SERVICE PROVIDERS IS AT YOUR OWN RISK.

20)       YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY INFORMATION PROVIDED BY ONFLEEKQ OR BY ANY ONFLEEKQ REGISTERED VENDORS/SELLERS/SERVICE PROVIDERS TO YOU IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH, AS ALLOWABLE TO THE EXTENT OF THE LAW.

21)       ALTHOUGH ONFLEEKQ PROVIDES INFORMATION ABOUT ONFLEEKQ REGISTERED VENDORS/SELLERS/SERVICE PROVIDERS, ONFLEEKQ DOES NOT PROVIDE THE SERVICES RENDERED BY ONFLEEKQ PROFESSIONALS. ONFLEEKQ REQUESTS BACKGROUND INFORMATION OF ITS ONFLEEKQ REGISTERED VENDORS/SELLERS/SERVICE PROVIDERS, BUT ONFLEEKQ DOES NOT AND CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION-GATHERING OR THAT A PARTICULAR ONFLEEKQ REGISTERED VENDOR/SELLER/SERVICE PROVIDER IS ADEQUATELY QUALIFIED TO PERFORM ANY GIVEN SERVICE.

22)       THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

23)       You and onfleekQ understand and agree that the disclaimers, exclusions, and limitations set forth herein are essential elements of this Agreement and that they represent a reasonable allocation of risk. You understand that onfleekQ would be unable to make the onfleekQ Member Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

24)       If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

25)       This Agreement and the rights granted, and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by onfleekQ Members, but may be freely transferred, assigned, or delegated by onfleekQ.

26)        Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

27.)       All controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and onfleekQ shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the Nigerian Arbitration Association. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the Arbitration laws of Nigeria.

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge . You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and onfleekQ must abide by the following rules:(1) ANY CLAIMS BROUGHT BY YOU OR ONFLEEKQ MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, onfleekQ will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) onfleekQ also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

Notwithstanding the foregoing, either you or onfleekQ may bring an individual action in small claims court. Further, claims of defamation, violation of the Data Protection  Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Nigeria. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Nigeria to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Nigeria for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

Except for subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor OnfleekQ shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Nigeria.

28)        This Agreement is made under and shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, consistent with the Nigerian Arbitration and Conciliation Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

 

Signed: MANAGEMENT

 

 

 

 

 

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