Terms
These Terms of Use, together with the privacy policy available at www.Glamwork.com/privacy ("Privacy Policy") and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement".
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d)-(g).
This Agreement constitutes a legal agreement between you ("you" or "User") and Glamwork Technologies, Inc. d/b/a Glamwork and its affiliates, parents, and subsidiaries (collectively, "Glamwork" or "us"). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.Glamwork.com, as it may be modified, relocated and/or redirected from time to time (the "Site"), and the mobile applications offered by us (the "Apps"). Our services, platform, Site and Apps are collectively referred to as the "Glamwork Platform".
By accessing, using or registering with the Glamwork Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Glamwork Platform. Glamwork's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the Glamwork Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) 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. 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.
To the extent permitted and except where prohibited by applicable law, these Terms of Use include:
Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 19).
Your agreement that no claims can be adjudicated on a class basis (Section 19).
Your acknowledgment of and agreement to pay Glamwork's Trust and Support Fee that will be applied to each appointment of a Professional Service paid through the Glamwork Platform (Section 3(f)).
Your acknowledgment of and agreement to Glamwork's dormant account service fees (Section 3(i)).
Your acknowledgment of and agreement to Glamwork's cancellation policies and cancellation fees (Section 4(e)).
If you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or Glamwork Select membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)).
Your agreement to release Glamwork from liability based on claims relating to Services and otherwise (Section 17) and your agreement to the limitation of time within which a claim can be brought (Section 22).
Your agreement to indemnify Glamwork from claims due to your use, misuse or inability to use the Glamwork Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Glamwork Platform (Section 18).
Your consent to any modifications or amendments to this Agreement (Section 23). Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.
Glamwork's sole liability with respect to disputes is set forth in the Glamwork Happiness Guarantee (Section 3(d)). Home Improvement Referrals (as described in Section 3(g)) are NOT covered by the Glamwork Happiness Guarantee.
Your agreement that Glamwork's Happiness Guarantee is limited to only Payments paid by Requesters through the Glamwork Platform for Professional Services that are booked and paid through the Glamwork Platform, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.
1. Glamwork Platform; Background Checks.
a. The Glamwork Platform. The Glamwork Platform is a technology platform that makes available certain home services to individuals seeking to obtain home services (“Requesters”) that Glamwork fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Professionals”). Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services". Professional Services also include Professional Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below.
b. Background Checks and Licensing. Glamwork CHECKS THE BACKGROUNDS OF PROFESSIONALS VIA THIRD PARTY BACKGROUND CHECK SERVICES; PROVIDED, HOWEVER, FOR PROFESSIONALS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR PROFESSIONALS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license. Glamwork PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE Glamwork PLATFORM. Glamwork CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONALS' PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. Glamwork IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL'S BACKGROUND CHECK OR PROFILE. BY USING THE Glamwork PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE REQUESTER AGREES TO HOLD Glamwork FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. Glamwork IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
2. Personal Information; User Accounts.
a. Collection of your Personal Information. Some of the materials available on the Glamwork Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.
b. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Glamwork Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Glamwork may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Glamwork has no control over the use of any User's account by the User or third parties 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 must contact us immediately at www.Glamwork.com/help. Nothing in this section shall affect Glamwork's rights to limit or terminate the use of the Glamwork Platform, as provided below in section 4(b).
c. Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.
d. Text Messages and Phone Calls. By using the Glamwork platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the Glamwork Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by Glamwork, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of Glamwork, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Glamwork Platform or Services, updates concerning new and existing features on the Glamwork Platform, communications concerning promotions run by us, and news concerning Glamwork and industry developments. For certain Professional Services, you also expressly authorize Glamwork to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Glamwork or the Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by using the Glamwork Platform and requesting Professional Services, you are entering into a business relationship with Glamwork and/or Professionals and thus agree to be contacted by Glamwork and/or Professionals. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Glamwork Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Glamwork at any time. You may opt-out of receiving all text (SMS) messages from Glamwork (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Glamwork Platform or the Services. You also acknowledge that Glamwork or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to Glamwork's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Requestor using a telephone number provided by Glamwork. During this process, Glamwork and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Glamwork's use and disclosure of this call data for its legitimate business purposes.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO Glamwork AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO Glamwork AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF Glamwork AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
e. Emails. Glamwork may send you confirmation and other transactional emails regarding the Professional Services. Glamwork and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
3. Payments; Recurring Services and Recurring Charges; Glamwork Happiness Guarantee; Claims; Dormant Account Service Charge.
a. Payments. Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they OBTAIN through the Glamwork Platform ("Payments"). Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the Glamwork Platform with respect to those Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's Glamwork Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving Glamwork (or a third-party payment processor on Glamwork's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Glamwork. Depending on the transaction you selected or services requested, Glamwork may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Glamwork at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. Except for Professional Services that are requested through Home Improvement Referrals, all Payments by Requesters must be made through the Glamwork Platform. Any Professional Services that are requested through Home Improvement Referrals, any Payments paid, or any Professional Services scheduled or obtained outside of the Glamwork Platform are not subject to our Glamwork Happiness Guarantee in Section 3(d). Except for the Glamwork Happiness Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on Glamwork's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Glamwork or third parties, then Glamwork may withhold any payments to you for as long as we determine any related risks to Glamwork or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
b. Job Rate. The rate for a Professional Service ("Job Rate") as determined by Glamwork depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
c. Recurrent Service with Automatic Renewal and Recurring Charges.
(i) Recurring Service: When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Glamwork platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Glamwork cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.
(ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
(iii) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the Glamwork Help Center at www.Glamwork.com/help or by mailing a notice of cancellation to Glamwork Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO Glamwork'S CANCELLATION POLICY AS SET FORTH IN SECTION 4(e).
4. Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Select and Savings Memberships with Automatic Renewals; Survival.
a. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
b. Termination by Glamwork. We may terminate this Agreement or terminate or suspend your right to use the Glamwork Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Glamwork Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct") by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Glamwork Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your 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. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Glamwork may delete the account and all the information in it. You have no ownership rights to your account.
c. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Glamwork Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Glamwork Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Glamwork.
(iv) Expiration of Minimum Commitment; AUTOMATIC RENEWAL: Once your minimum commitment period is complete, your selected plan will remain active and convert to a Recurring Service without a minimum commitment. The Glamwork Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
(v) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the Glamwork Help Center at www.Glamwork.com/help or by mailing a notice of cancellation to Glamwork Technologies, Inc., Attn.: Legal, PO Box #1122, New York, NY 10159. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH IN SECTION 4(e) BELOW.
e. Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments. Glamwork's cancellation policy (found at www.Glamwork.com/help) for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the Glamwork Platform at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the Glamwork Help Center at www.Glamwork.com/help or by mailing a notice of cancellation to Glamwork Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.
f. Glamwork Select.
(i) Select Membership: Glamwork may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly Glamwork Platform Select Membership ("Glamwork Select").
(ii) BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Glamwork Select, you will be billed immediately for your initial Glamwork Select subscription period. BY ENROLLING IN Glamwork SELECT, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH Glamwork SELECT, YOU AUTHORIZE Glamwork TO CHARGE YOU FOR YOUR INITIAL Glamwork SELECT SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR Glamwork SELECT WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE Glamwork SELECT FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR Glamwork SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR Glamwork SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE Glamwork (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
(iii) Cancellation Fees: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in Glamwork Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 4(e) above.
(iv) Declination of Payment: If an eligible payment method Glamwork has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Glamwork Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Glamwork Select period will be based on the original enrollment or renewal date and not the date of the successful charge.
(v) CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A Glamwork SELECT FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR Glamwork SELECT AT LEAST THREE DAYS BEFORE YOUR NEXT Glamwork SELECT RENEWAL DATE. You may cancel your Glamwork Select by visiting the Glamwork Help Center at www.Glamwork.com/help or by mailing a notice of cancellation to Glamwork Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Glamwork Select you will continue to have access to your Glamwork Select through the end of your current paid Glamwork Select period. Should you cancel your Glamwork Select, Glamwork reserves the right to cancel any Professional Service appointments scheduled outside the current paid Glamwork Select period.
(vi) Glamwork Select Refunds: The Glamwork Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of Glamwork Select within three days of (1) signing up for Glamwork Select or (2) converting from a free Glamwork Select trial to a paid Glamwork Select, we will refund your Glamwork Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the Glamwork Select fee (a) if you purchased Glamwork Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your Glamwork Select membership to purchase any Professional Services.
(vii) Glamwork Select Membership Plans/Promotional Trial Memberships: Glamwork sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.
g. Glamwork Savings Membership.
(i) Savings Membership: Glamwork may from time to time offer Requesters the opportunity to purchase Professional Services that are booked and paid for directly on the Glamwork Platform at a discount provided the Requester first agrees to purchase an annual or monthly Glamwork Savings Membership (“Glamwork Savings Membership”). Any discounts obtained through Glamwork Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Professional Services.
(ii) BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Glamwork Savings Membership, you will be billed immediately for your initial Glamwork Savings Membership subscription period. BY ENROLLING IN Glamwork SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH Glamwork SAVINGS MEMBERSHIP, YOU AUTHORIZE Glamwork TO CHARGE YOU FOR YOUR INITIAL Glamwork SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR Glamwork SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE Glamwork SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR Glamwork SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR Glamwork SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE Glamwork (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
(iii) Cancellation Fees: The cancellation and rescheduling of any Professional Service while you are enrolled in Glamwork Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
(iv) Declination of Payment: If an eligible payment method Glamwork has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Glamwork Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Glamwork Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
(v) CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A Glamwork SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR Glamwork SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT Glamwork SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Glamwork Savings Membership by visiting the Glamwork Help Center at www.Glamwork.com/help or by mailing a notice of cancellation to Glamwork Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 101599. Following cancellation of your Glamwork Savings Membership you will continue to have access to Glamwork Savings Membership through the end of your current paid Glamwork Savings Membership period. Should you cancel Glamwork Savings Membership, Glamwork reserves the right to cancel any Professional Service appointments scheduled outside the current paid Glamwork Savings Membership period.
h. Policy for Service Cancellation by Professional. Except for Professional Services that are requested through Home Improvement Referrals, when a Professional cancels a scheduled Professional Service appointment, the Glamwork Platform generally notifies the Requester and attempts to fulfill the Requester's Professional Service request with another Professional. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment.
5. Links to and Plug-Ins from Other Websites or Media. Links (such as hyperlinks) from the Glamwork Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, "Third Party Sites") do not constitute the endorsement by Glamwork of the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. Glamwork does not control any Third Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. Glamwork EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD Glamwork HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
6. Submission Areas. The Glamwork Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Glamwork (collectively, "Submission Areas"). Some areas in the Submission Areas within the Glamwork Platform will be public and Glamwork will not be responsible for any information or materials posted in such public areas. Glamwork may, in its discretion, publicly post submissions you submit to a non-public area of the Glamwork Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Glamwork Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Glamwork Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Glamwork Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Glamwork may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the Glamwork Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.
7. Rules for Use of the Glamwork Platform. During the term of this Agreement, Requesters may use the Glamwork Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Glamwork Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Glamwork Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. You shall NOT use the Glamwork Platform (including but not limited to any Submission Areas) to do any of the following:
a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
e. Use the Glamwork Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.
f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
g. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Glamwork Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the Glamwork Platform without express written permission from us.
h. Use the Glamwork Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Glamwork Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
m. Restrict or inhibit any other User from using and enjoying the Glamwork Platform.
n. Imply or state that any statements you make are endorsed by us, without our prior written consent.
o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Glamwork Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Glamwork Platform in any manner, or attempt to do any of the foregoing.
p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
q. Upload content 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.
r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
s. Register to use the Glamwork Platform under different usernames or identities, after your account has been suspended or terminated.
t. Mirror or archive any part of the Glamwork Platform or any content or material contained on the Glamwork Platform without Glamwork's written permission.
u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
v. Alter transmission data without Glamwork's consent
w. Purchase Merchandise for the purposes of reselling it.
8. No Employment. Glamwork provides a software platform which allows you to obtain certain home services that Glamwork fulfills using independent Professionals. Glamwork is not the employer of any Professional and Professionals are not Glamwork’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner.
9. Special Promotions; Gift Cards and Vouchers.
a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
b. Promotional Coupons
i. Promotional coupons are only eligible for the specific services designated by Glamwork. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Glamwork reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons
ii. Glamwork promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Glamwork Platform. Promotional coupons may not be purchased for cash and Glamwork does not sell promotional coupons. Promotional coupons are nonrefundable.
iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
iv. Your Glamwork account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Glamwork account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
c. Referral Discounts. In the event that you are given a code through which you may refer a friend to the Glamwork Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Glamwork referral discounts are redeemable only for Professional Services. Glamwork referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at www.Glamwork.com/help.
d. Vouchers.
i. Glamwork vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services.
ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.
iii. You agree that you will comply with all Voucher terms and conditions.
iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards
e. Gift Cards
i. Glamwork Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.
ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.
iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.
iv. You agree that you will comply with all Gift Card terms and conditions.
v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.
vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.
vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.
viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.
ix. A Gift Card is void if copied, altered, transferred, purchased or sold.
x. Purchases of Gift Cards are final and not refundable. All sales are final
xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.
xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at www.Glamwork.com/help.
xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
10. Intellectual Property Rights. The Glamwork Platform, and the information, data, content and materials, which it contains ("Glamwork Materials"), are the property of Glamwork and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which Glamwork has a right to use as described below. The Glamwork Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Glamwork and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Glamwork Materials. Any use of Glamwork Materials, other than as expressly permitted herein, is prohibited without the prior permission of Glamwork and/or the relevant right holder. The service marks and trademarks of Glamwork, including without limitation Glamworkbook.com, Glamwork.com and the Glamwork logo are service marks owned by Glamwork. Any other trademarks, service marks, logos and/or trade names appearing on the Glamwork Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Glamwork Platform without the express prior written consent of the owner.
11. Copyright Complaints and Copyright Agent. Glamwork respects the intellectual property of others, and expects Users to do the same. Glamwork will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Glamwork Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a "Complainant") and sends to Glamwork a properly submitted copyright notice as indicated below, Glamwork will investigate, and if it determines, in its discretion, that the material is infringing, Glamwork will remove the content and may terminate the access of the User who posted such content to the Glamwork Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.
(ii) A statement specifically identifying the location of the infringing material, with enough detail that Glamwork may find it on the Glamwork Platform. Please note: it is not sufficient to merely provide a top level URL.
(iii) The complete name, address, telephone number and email address of Complainant.
(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
Glamwork's contact information for notice of alleged copyright infringement is:
Email: legal@Glamwork.com
Or via Mail:
orlando
12. The App / Mobile Devices
a. The Glamwork Platform may allow you to access our services, download our Apps, upload content to the Glamwork Platform, and receive messages on your mobile device (collectively "Mobile Features"). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.
b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).
c. Glamwork is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Glamwork reserves the right to terminate the use of the Apps or any other aspect of the Glamwork Platform should you be using the Apps or the Glamwork Platform with an incompatible or unauthorized device.
d. App Store Sourced Application.
(i) With respect to Apps accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Glamwork reserves all rights in and to the Apps not expressly granted to you under this Agreement.
(ii) You acknowledge and agree that (i) this Agreement is valid between you and Glamwork only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Glamwork, not Apple, is solely responsible for the App Store Sourced Application and the Glamwork Platform Content.
(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.
(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.
(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Glamwork, Glamwork and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, 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.
(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, 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 for App Store Sourced Applications against you as a third-party beneficiary thereof.
(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
13. Glamwork Spot Rewards. Upon signing up to use the Glamwork Platform, Requesters will be eligible to receive Spot Rewards and other special offers, from time to time. The number, type and frequency of Spot Rewards are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume of bookings, number of visits and frequency of visits to our website, interaction with our website or the nature of your purchases. Spot Rewards are rewards issued on a periodic basis for promotional purposes.
Spot Rewards may appear with different descriptions from time to time. The Spot Rewards may include Glamwork merchandise credits, third-party gift cards and are subject to change. Such rewards are provided in Glamwork's sole and absolute discretion, may be offered for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each reward are limited and you must have a valid account in order to redeem spot reward offers.
Spot Rewards have no intrinsic value, are promotional in nature, have no cash value, may have certain restrictions including expiration dates and short, time-limited redemption periods, and serve merely as a means to recognize and reward Requestors using the Glamwork Platform. Spot Rewards are personal to you and cannot be shared, copied or transferred. Spot Rewards are nonrefundable and non-exchangeable between accounts. Each Spot Reward can only be redeemed once. Your account will be billed for all fees and charges for use of any Professional Services in excess of the amount of available Spot Reward.
You must be signed in to your account to be eligible to earn Spot Rewards. Spot Rewards applied from any single qualifying purchase or activity may only be credited to your account. It may take twenty-four (24) hours or more for your account to be credited. Glamwork shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your account. Glamwork is not responsible for lost, stolen or damaged rewards or taxes incurred in connection with the rewards. Spot Reward may not be used in conjunction with any other promotional or incentive offer from Glamwork or any of its affiliates, subsidiaries, parents. Spot Reward are void in the event of fraud, misuse, or violation of any terms of the Agreement, or if sold for cash or other consideration. Some rewards may only be available to residents of a certain state. Glamwork reserves the right to change, modify or update its Spot Reward and the qualifying purchases and activities from time to time without notice. Spot Reward may be subject to additional terms; read each offer carefully for specific details, limitations and restrictions. Failure to use Spot Reward spot before such expiration date will result in the forfeiture of the Spot Reward. Glamwork reserves the right to cancel Spot Reward at any time. No refunds will be granted for any expired or canceled Spot Reward.
14. Lockbox and Glamwork Vault
Lockbox
a. Use of Lockbox. Glamwork sources or provides lockboxes to eligible Users based on geography and booking appointment history. However, Glamwork is only sourcing or providing Users with lockboxes. Glamwork has no information about the lockbox codes except for the information inputted by User via the Glamwork Platform at User's option. Glamwork strongly recommends changing the lockbox code after each service. User assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties. User further covenants and agrees that you will not misuse or abuse the lockbox in anyway.
b. No Control. Once User acquires possession of the lockbox, Glamwork has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure, or any delays caused by lockbox failure or consequential damages.
c. Key Access. For your security, Glamwork depends on User to provide and maintain accurate access inputs via the Glamwork Platform and will only reveal those inputs to Professionals who claim User's bookings appointments. Once your key is placed in the lockbox, you agree that your key may be accessed only by you and/or a Professional. You agree that you will not provide lockbox codes and/or access to any third-parties.
d. Permitted and Prohibited Uses. User agrees to only use the lockbox for lawful purposes. You agree to use the lockbox only in a manner consistent with any and all applicable laws, regulations, and Glamwork's policies and procedures. Glamwork reserves the right to investigate and take action against any User who, in Glamwork's sole discretion, violates this provision. Such action may include, without limitation, removing User from the Glamwork Platform.
Glamwork Vault
Glamwork utilizes KeyCafe, a third-party service, to store a User's key(s). By opting in and agreeing to use Glamwork Vault, User agrees (i) to provide Glamwork with a copy of his or her key(s), (ii) allow Glamwork to store User's key(s) in a KeyCafe kiosk, (iii) to allow Glamwork to share information with KeyCafe pertaining User's key(s), (iv) that User will not have access to his or her key(s) through KeyCafe by participating in Glamwork Vault, and (v) that Glamwork employees and Professionals will have ongoing access to User's key(s). User acknowledges and agrees that Glamwork is not responsible for the loss of Us