Terms of Service - User Agreement
This Terms of Service - User Agreement (the "Terms of Service") and the policies and any other documents referred to herein form and contain the complete terms and conditions and constitutes a complete binding contract (the "Agreement") that apply to your use of any of the products and services (the "Services") being offered at the URL: http://www.mmfbeauty.com (the "MMF Site"), any Apps (as defined herein) or by accessing, browsing, crawling, scraping or in any way using the MMF Site ("General Access"). As used in this Agreement, "MMF" or the “Company” refers to EFEMME INC. and "USER" or "User" or "you" refers to any party, including but not limited to members of the general public and Establishments (as defined herein), that uses the MMF site for the Services, General Access to the MMF Site or any Apps (as defined herein). Use of the Services, General Access to the MMF Site, or any Apps (as defined herein) constitutes knowing acceptance and acknowledgement of this Agreement. Users of Booking Services (as defined herein) shall be referred to specifically as "General Users"; and Users of Professional Services (as defined herein) shall be referred to specifically as "Pro Users".
MMF may modify this Agreement's terms and conditions at any time without notice. Continued use of the Services, the MMF Site or any Apps after a change in this Agreement, or after implementation of any other new policy constitutes acceptance of such change or policy. If you do not agree to the terms of this Agreement or any revised version of this Agreement, please do not use this site.
This provision applies if this Agreement is accepted electronically. This Agreement is an electronic contract that sets out the legally binding terms of the Services and the creation of an account on, the use and/or access of the MMF Site or the installation and use of any Apps (as defined herein). The USER (or its authorized agent) indicates acceptance of and execution of this Agreement by clicking on the “I Agree” button or by accessing, browsing, crawling, scraping or in any way using the MMF Site. This action creates an electronic signature that has the same legal force and effect as executing and delivering by a handwritten signature on a written contract under any applicable law or regulation and is equally binding. By clicking on the “I Agree” button or by accessing, browsing, crawling, scraping or in any way using the MMF Site, the USER (or its authorized agent) acknowledges reading and accepting this Agreement and represents, warrants and agrees that the USER (or its authorized agent) has the power, authority and legal right to enter into this Agreement on behalf of the USER.
This Agreement having been executed and delivered by you and constitute a valid and binding agreement between you and MMF, enforceable in accordance with the terms herein and with the law. You represent that you are (1) at least 18 years of age, (2) of legal capacity to enter into a binding contract, and (3) not a person barred from receiving Services under the laws of the United States and Canada or any other applicable jurisdiction.
You shall establish and use your membership on MMF, and use the Services available through MMF, in strict compliance with this Agreement and all applicable laws, rules and regulations (collectively, “Laws”). You agree that all calls, emails and other communications between you and MMF may be recorded without further notice to you.
MMF provides Services to the USER for the purpose of, among other things, assisting USER in securing appointments ("Booking Services") at participating third party establishments (each an “Establishment”). In response to a USER’s online request, the MMF Site or any Apps (as defined herein) directly contacts the Establishment’s computerized database of appointments. The availability of appointments shall be determined at the time of the USER’s query. Once an appointment is made by USER, MMF will provide confirmation of the appointment to USER by email. By using the Services, USER agrees to receive appointment confirmations and reminders by email after booking an appointment through the MMF Site or any Apps.
USER agrees to receive Short Message Service ("SMS") messages on the USER's mobile phone which provide appointment confirmations and reminders if the User has provided his/her mobile phone number to MMF and has not opted out from receiving such SMS messages, and USER acknowledges and agrees that the USER is solely responsible for the USER's personal mobile phone and data charges and expenses associated with receiving such SMS messages. USER further agrees to receive push notifications, where available, on the USER's mobile phone which provide appointment confirmations and reminders if the User has installed any mobile phone software application (the "App") created by MMF for the purposes of providing the MMF Services through the App and the USER's mobile phone, and USER acknowledges and agrees that the USER is solely responsible for the USER's personal mobile phone and data charges and expenses associated with receiving using the App and receiving the push notification.
You agree that when you book an appointment with an Establishment, you are forming a legally binding contract between you and the Establishment. MMF does not represent you or the Establishment, and does not provide any warranties or representations on any aspect, including but not limited to the quality, standard or legality, of any Establishments or the services they provide. By using the Services and accessing the MMF Site or any Apps, you, as the User, agree that you are solely responsible for conducting any due diligence and satisfying yourself on any aspect, including but not limited to the quality, standard or legality, of or in connection with any Establishments or the services they provide.
MMF also provides paid subscription Services (the "Professional Services") to Pro Users that are Establishments for the purposes of providing cloud-based software tools, accessed through the MMF Site or any Apps (as defined herein), which assist with the management of the Establishment's business, more precisely described on the MMF Site (the "Professional Service Description"), which is subject to any updates and changes by MMF in its sole and absolute discretion. You agree that the Professional Service Description shall form part of this Agreement.
For greater clarity, references to "Service" or "Services" in the Agreement shall apply to and include Booking Services and Professional Services unless otherwise expressly provided.
Once you register for the Services, you shall receive a unique user identification and password in connection with your Account (collectively referred to herein as "Account IDs"). You must use your true and accurate name when signing up for an Account. You are required to select an appropriate and non-offensive Account ID. We reserve the right to remove or reclaim any Account ID if we believe, in our sole discretion, the Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that an Account ID is similar to the trademark and the Account ID does not closely relate to the User's actual name or trademark rights).User Account.
You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances. If you are a Pro User, you must ensure that your Account IDs are only used by your authorized representatives, including but not limited to an employee, owner or contractor. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and for any claims, penalties, charges, damages, liabilities, expenses or losses of any kind incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to your failure to maintain the confidentiality of your Account IDs, the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs, and you agree to indemnify and save MMF harmless from any claims, penalties, charges, damages, liabilities, expenses or losses of any kind incurred or suffered as a result of your failure to maintain the confidentiality of your Account IDs, the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed, and by creating an account with MMF and/or using the Services, you agree that MMF shall not be responsible under any circumstances for any data breach, data loss, loss of privacy of your data or any theft of your information stored with MMF, and you agree that this clause may be relied upon by MMF as a complete defence against any claim advanced against it for damages resulting from any data breach, data loss, loss of privacy of your data or any theft of your information stored with MMF and you agree that this clause may be relied upon by MMF as a complete defence against any claim or other legal action.
Linking Your Account
As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a "Third Party Account") by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing MMF to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to MMF and/or grant MMF access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without your breaching of any of the terms and conditions or any agreements entered into by you that govern your use of the applicable Third Party Account and without obligating MMF to pay any fees or making MMF subject to any usage limitations imposed by such third party service providers. By granting MMF access to any Third Party Accounts, you understand that (i) MMF may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "SNS Content") so that it is available on and through the Services via your Account, including, without limitation, any friend lists, and (ii) MMF may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be User Submissions for all purposes of this Agreement. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or MMF's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your Third Party Accounts is governed solely by your agreement(s) with such third party service providers. MMF does not and shall not be required under this Agreement to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and MMF shall not be responsible for any SNS Content. The Services may contain links to third party websites that are not owned or controlled by MMF. MMF has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MMF will not and cannot censor or edit the content of any third-party site. By using the Services, you agree MMF shall not be responsible or liable to you under any circumstances for any claims, penalties, charges, damages, liabilities, expenses or losses of any kind incurred or suffered as a result of your use of any third-party website and you agree that this clause may be relied upon by MMF as a complete defence against any claim or other legal action advanced against it for such losses. You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. At your request made via e-mail to email@example.com, MMF will deactivate the connection between the MMF Services and your Third Party Account and delete any information stored on MMF's servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account.
Professional Services Accounts
Unless otherwise expressly stated, all prices for Professional Services shall be in Canadian Dollars and shall be exclusive of any and all applicable taxes or duties from any competent authority. In the event that any taxes or duties are introduced or amended after the acceptance of this Agreement, MMF shall have the right to apply the new/amended tax or duty to all invoices and payments, including retroactively, in the manner as required by the competent authority. MMF shall also have the right to readjust any invoices and payments that were written or processed incorrectly, and the Pro User hereby agrees to pay MMF any amounts due as a result of the readjustment within THIRTY (30) DAYS of receiving written notice of the readjustment and by the same payment method as for regularly invoiced amounts.
All Professional Services and their pricing and payment terms shall be specified herein and/or on the MMF Site, and shall be incorporated as part of this Agreement, and such terms may be subject to change in the sole and absolute discretion of MMF.
The Company shall invoice for Professional Services according to the schedule as set-out on the MMF Site and/or herein, as amended from time-to-time in the sole and absolute discretion of the Company, but shall always be in advance of the Professional Services being delivered, and the Pro User agrees to pay such amounts when due. Unless otherwise agreed to in writing or set out herein, payment for any invoice issued under this Contract shall be due upon the creation of the respective invoice, and the Pro User hereby irrevocably authorizes the Company to charge the debit card, credit card or any other payment method provided by the Pro User, electronic or otherwise, in the amount as set out in an invoice, when due.
All payments made to the Company pursuant to this Agreement shall be non-refundable, and may be charged by the Company to the provided payment method automatically.
The Pro User shall pay all amounts due under the Agreement in full without deduction, set-off or withholding except as expressly required by law. The Pro User shall not assert or claim any credit or set-off against any amounts due under this Agreement. The Company may, without limiting its other rights or remedies, set off any amounts owing to the Company by the Pro User against any amounts payable by the Company to the Pro User.
Interest shall accrue on all amounts owing to the Company by the Pro User pursuant to this Agreement and not paid when due at the rate of TWELVE PERCENT (12%) per annum, compounded monthly. The Company may charge an administration fee of $10.00 CAD, to account for expenses and not as a penalty, for each overdue payment reminder that is sent, electronically or by other means, to the Pro User, but the Company shall not charge such fee more than FIVE (5) times within a THIRTY (30) day period. Nothing in this subclause should be construed in a manner that would reduce or diminish any of the rights the Company has in law or equity to enforce this Agreement. The Company expressly reserves its right to take any or all actions allowable by law or equity to recover any amounts due under this Agreement; and the Pro User hereby agrees to indemnify and save the Company harmless from all of its costs and expenses, including but not limited to collection agent fees, legal fees and other professional fees, in connection with recovering any amounts due under this Agreement.
In the event that payment is not made when due under this Agreement, the Company, in its sole and absolute discretion and in addition to any other remedies available under the law or equity or this Agreement, may discontinue (including delaying, suspending or terminating) providing any or all of the Professional Services under the Agreement until such time that payment plus any accrued interest is paid in full. Any and all damages, costs, expenses, losses caused by delays in providing, suspension of or termination of Professional Services due to non-payment of any balance owing to the Company shall be the sole responsibility of the Pro User, and the Pro User may not assert or rely on any remedies in law or equity and may not rely on any remedy provision herein, including but not limited to any termination provisions herein, against the Company for suspending, terminating or delaying the provision of Professional Services.
Termination of Accounts
Right to Terminate
MMF reserves the right, in its sole and absolute discretion, to terminate your Account if you violate this Agreement or for any reason or no reason at any time, without notice to you. We may also suspend your access to the Services and your Account (including access to any funds associated with the Account where applicable) if you (a) have violated the terms of this Agreement, any other agreement you have with MMF, or MMF's policies or (b) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
General Users may terminate their Account at any time without prior notice to MMF.
Pro Users who subscribe to Professional Services on a month-to-month basis may terminate their Account at any time without prior notice to MMF. Pro Users who subscribe to Professional Services on a set-term contract may terminate their Account subject to the any additional terms as provided by MMF to the Pro User either in writing or as shown on the MMF Site, and such termination terms shall be incorporated as part of this Agreement.
If your Account is terminated or suspended for any reason or no reason by MMF or you, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Services, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to preserve or delete all of your information and account data stored on our servers, and (e) that MMF shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion of your information or account data. Notwithstanding the foregoing sentence, if Professional Services Accounts are terminated by MMF or the Pro User, no amounts are owing by the Pro User to MMF and the Pro User is not otherwise in breach of this Agreement, MMF agrees to preserve the Pro User’s account data for a period of 30 calendar days (the “Data Removal Period”) from the date of termination and allow the Pro User to download such data from the MMF Site in a reasonable file format at no further cost to the Pro User. Once the Data Removal Period has passed, the Pro User agrees that MMF shall have no further obligation to preserve or provide access to any of the Pro User’s data stored with MMF, and the Pro User hereby releases MMF from such obligations and agrees to be solely responsible for any data that is lost after the Data Removal Period. For greater clarity, MMF shall have no obligation to preserve any of the Pro User’s data should the Pro User breach the terms of Agreement for any reason, including but not limited to non-payment of fees when due.
You expressly agree that we shall not be in any way liable to you for compensation, reimbursement, or damages of any sort in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of your Account or this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you to us as provided for in this Agreement.
Without limiting the generality of MMF's exclusive right to exercise sole and absolute discretion in terminating any Account for any reason or no reason as provided for herein, MMF reserves the right, in its sole and absolute discretion, to terminate the Account of any User that engages in, or enables any other User to engage in, Fraudulent Actions (as defined herein).
Payment Processing Services
MMF does not currently accept any payments on behalf of Establishments for appointments booked with an Establishment through the Services. It is the sole responsibility of Establishments for making sure that they are paid by the User. MMF provides no warranties or assurances to the Establishments that they will be paid by the User, and shall not be in any way liable to the Establishments for non-payment by the User.
As the User, by booking and attending an appointment through the Services, you agree to pay all amounts properly owing to the Establishment for the services that they provide to you; and you agree that non-payment may result in termination of your Account with MMF. You further acknowledge that non-payment by the User of amounts properly owing to the Establishment may result in legal action against you taken by the Establishment.
Establishments are solely responsible for all customer service issues relating to the services provided for by the Establishments.
USERS hereby acknowledge and agree that they are required and solely responsible to cancel any appointments booked with an Establishment through the Services that they will be unable to honor at least 24 hours in advance of the time of the appointment and you further acknowledge and agree that in some circumstances you may be required to cancel your appointment in accordance with an Establishment’s cancellation policy, which you acknowledge and agree is unrelated and not the responsibility of MMF. You may cancel your appointment online or call the Establishment directly. Where there is a conflict between the MMF's 24 hour cancellation policy and the Establishment's cancellation policy, you acknowledge and agree that the Establishment's cancellation policy shall apply and take precedence. You further acknowledge and agree that it is your sole responsibility to be fully aware of and abide by the applicable cancellation policy.
The Booking Services are being offered to General User for the General User’s personal use. The General User agrees to use the Services only to book appointments at participating Establishments and then honor those appointments by arriving at the Establishment(s) on time and ordering and paying for the service as booked. The General User further agrees not to book more than one (1) appointment for General User’s personal use during any one time slot. The General User may be able to book multiple appointments through the MMF Site or any Apps, however they may not be scheduled for the same time.
Any and all other uses which are unlawful or in violation of this Agreement are prohibited. Without limiting any other rights herein, MMF reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel appointments.
Users agree that they are SOLELY RESPONSIBLE for any data they store with MMF in connection with the Services.
Users further agree to appropriately back up any of the User’s data stored with MMF on no less than a weekly basis.
You may receive periodic emails from MMF if you opted to receive such email at the time of registration with the MMF Site or any Apps. If you would rather not receive emails from MMF, please send an email to firstname.lastname@example.org and you will be unsubscribed from receiving further mailings. The General User acknowledges and agrees, however, that the General User will still receive appointment confirmation emails, appointment change confirmation emails, appointment cancellation confirmation emails and other emails relating to appointments booked by the General User through the MMF Site or any Apps, even if the General User has opted not to receive periodic emails from MMF.
Reviews, Comments, Communications, and Other Content
At MMF’s invitation, USER may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Establishments and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. MMF reserves the right (but not the obligation) to remove or edit such content, and shall not be required or have any obligation to regularly review submitted content.
If you do submit materials to MMF, and unless we indicate otherwise, you grant MMF a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you agree to indemnify and save MMF harmless from any claims, penalties, charges, damages, liabilities, expenses or losses of any kind incurred or suffered resulting from any content you supply. MMF has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by MMF in its sole discretion. MMF takes no responsibility and assumes no liability for any content submitted by you or any third party.
Service Use and Limitations and Changes to the Services
We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and MMF shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. MMF has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.
We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will endeavor, but shall have no obligation, to provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, data breaches, criminal activity, hacking, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.
MMF is not liable to the User for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release MMF from any liability arising from Fraudulent Actions, and agree to indemnify and save MMF harmless from any claims, penalties, charges, damages, liabilities, expenses or losses of any kind incurred or suffered as a result of your Fraudulent Actions. You will also use best efforts to promptly notify MMF of any Fraudulent Actions which may affect the Services.
In no event shall MMF be liable to the User for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with (i) any use of the Services, the MMF site, any Apps or the MMF content; (ii) any loss of or continued preservation and/or accessibility (public or otherwise) of any of the User’s data stored by MMF on the MMF Site or elsewhere, notwithstanding the termination or suspension of the Account or this Agreement by the User or MMF; (iii) any failure or delay (including, but not limited to, the use or inability to use any component of the Services, any Apps or the MMF Site); (iv) any hacking, illegal activity, criminal activity or unauthorized access to any of MMF’s data (including any User’s data stored by MMF) or MMF’s premises or property; or (v) the performance or non-performance of any Establishment in connection with the Services. In addition, all Users expressly acknowledge and agree that any third party directing users to the MMF Site or any Apps by referral, link or any other means is not liable to User for any reason whatsoever, including but not limited to damages or loss associated with the use of the Services, the MMF site, any Apps or the MMF content. MMF is neither an agent of nor is connected with any affiliated Establishment in which a user has made an appointment.MMF is not liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with a User’s visit to an Establishment, and MMF may rely on this clause as a complete defence from any such claim or legal action.
The information, programs, and materials contained in or accessed on the MMF site or any Apps, including, without limitation, the Services and the MMF content, are provided to user on an 'as is' basis and without warranties of any kind. MMF expressly disclaims all warranties, expressed or implied, with respect to the services, the MMF site, any Apps, the MMF content and related materials provided hereunder.
Links to Third Party Sites
The MMF Site and any Apps may contain hypertext links to websites operated by parties other than MMF. Such hypertext links are provided for USER's reference only and MMF does not control such websites and is not responsible for their content. MMF's inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. MMF is not liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with a User’s visit to a website linked from the MMF Site or any Apps.
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 notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be reduced in scope such that it is valid under applicable statute or rule of law, or if such reduction in scope is impossible, then such provision or portion thereof shall be deemed omitted.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USER without the express written consent of MMF; but may be so transferred, assigned or delegated by MMF.
Any waiver of any provision or portion thereof 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 obligation of non-enforcement of that or any other provision or portion thereof or right, and may not be relied upon to advance or support the doctrine of estoppel.
Choice of Law and Forum
This Agreement shall be subject to the laws of province of Ontario, Canada, and the forum for any disputes arising from this Agreement shall be the Courts of Ontario located in Toronto, Ontario, Canada.