Last updated on March 5th, 2023
I. Acceptance of terms
Thank you for using LUZO. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the LUZO website at www.luzo.app (the "Site") and any related mobile or software applications ("LUZO Platform") including but not limited to delivery of information with the website whether existing now or in the future that link to the Terms (collectively, the "Services").
Please read these Terms carefully. By accessing or using the LUZO Platform, you are agreeing to these Terms and concluding a legally binding contract with SALONSURF VENTURES PRIVATE LIMITED and/or its affiliates (hereinafter collectively referred to as "LUZO"). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the LUZO Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
Clicking to accept or agree to the Terms, where it is made available to you by LUZO in the user interface for any particular Service; or Actually using the Services. In this case, you understand and agree that LUZO will treat your use of the Services as acceptance of the Terms from that point onwards. II. Definitions
Customer
"Customer" or "You" or "Your" refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'Partner business page' to manage claimed business listings or otherwise.
Content
"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "Customer Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. "LUZO Content" means content that LUZO creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than LUZO or its Customers and is available on the Services.
Partner(s)
"Partner" means the salons, spas and all other service outlets listed on LUZO Platform.
III. Eligibility to use the services
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies). IV. Changes to the terms
LUZO may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of LUZO Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
V. Translation of the terms
LUZO may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with LUZO. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
VI. Provision of the services being offered by LUZO
LUZO is constantly evolving in order to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services which LUZO provides, may require affecting certain changes in it, therefore, LUZO reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services. You acknowledge and agree that if LUZO disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account. You acknowledge and agree that while LUZO may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, LUZO may set such fixed upper limits at any time, at LUZO's discretion. In our effort to continuously improve the LUZO Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some Customers may experience features differently than others at any given time. This is for making the LUZO Platform better, more convenient and easy to use, improving Customer experience, enhancing the safety and security of our services and offerings and developing new services and features. By using LUZO's Services you agree to the following disclaimers: The Content on these Services is for informational purposes only. LUZO disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. LUZO reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. LUZO does not guarantee the quality of the service, goods, the prices listed in rate cards or the availability of all rate card items at any Partner. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to LUZO. Please email a takedown request (by using the "Contact Us" link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by LUZO. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of LUZO. Any certification, licenses or permits ("Certification") or information in regard to such Certification that may be displayed on the Partner's listing page on the LUZO Platform is for informational purposes only. Such Certification is displayed by LUZO on an 'as available' basis that is provided to LUZO by the Partners. LUZO does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a Customer upon the Certification or information thereto shall be strictly at such Customer's own risk and LUZO in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Partner. LUZO reserves the right to charge a subscription and/or membership and/or a convenience fee from a Customer, by giving reasonable prior notice, in respect of any product, service or any other aspect of the LUZO Platform anytime in future. LUZO may from time to time introduce referral and/or incentive based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the LUZO Platform terms. Further, LUZO reserves the right to terminate / suspend the Customer's account and/or credits / points earned and/or participation of the Customer in the Program if LUZO determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or LUZO Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, LUZO reserves the right to modify, cancel and discontinue its Program without notice to the Customer.
VII. Content
1. Ownership of LUZO Content and Proprietary Rights
a. We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and LUZO Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by LUZO and that you shall not disclose such information without LUZO's prior written consent.
b. You agree to protect LUZO's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that LUZO (or LUZO's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by LUZO and that you shall not disclose such information without LUZO's prior written consent. Unless you have agreed otherwise in writing with LUZO, nothing in the Terms gives you a right to use any of LUZO's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
c. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of LUZO; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the LUZO's Content in whole or in part except as expressly authorized by LUZO.
d. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below.
2. Your License to LUZO Content
a. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of LUZO Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, LUZO Content or our IP Rights.
b. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances
3. LUZO License to Your or Customer Content
In consideration of availing the Services on the LUZO Platform and by submitting Your Content, you hereby irrevocably grant LUZO a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a 'Partner business page' to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against LUZO or its Customers, any third party services and their users.
4. Representations Regarding Your or Customer Content
a. You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws
b. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
c. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not LUZO.
5. Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Partner reserves the right to delete any images and pictures forming part of Customer Content, from such Partner's listing page at its sole discretion.
6. Third Party Content and Links
a. Some of the content available through the Services may include or link to materials that belong to third parties, such as third party reservation services. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources.
b. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.
c. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that LUZO is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
d. Third party content, including content posted by our Customers, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content.
e. You further acknowledge and agree that LUZO is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
7. Customer Reviews
a. Customer reviews or ratings for Partners do not reflect the opinion of LUZO. LUZO receives multiple reviews or ratings for Partners by Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on LUZO is the personal opinion of the Customer/reviewer only. LUZO is a neutral platform, which solely provides a means of communication between Customers/reviewers including Customers or Partner owners/representatives with access to Partner business page. The advertisements published on the LUZO Platform are independent of the reviews received by such advertisers.
b. We are a neutral platform and we don't arbitrate disputes, however in case if someone writes a review that the Partner does not consider to be true, the best option for the Partner representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Partner believes that any particular Customer's review violates any of the LUZO' policies, the Partner may write to us at [email protected] and bring such violation to our attention. LUZO may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services
VIII. Content guidelines and privacy policy
1. Content Guidelines
You represent that you have read, understood and agreed to our Guidelines and Polices related to Content
2. Privacy Policy
You represent that you have read, understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our Customers, affiliates, or the general public
IX. Restrictions on use
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion: a. Violate our Guidelines and Policies;
b. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;
c. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
d. Contains material that violates the standards of the Services;
e. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
f. Accuses others of illegal activity, or describes physical confrontations;
g. Alleges any matter related to health code violations requiring healthcare department reporting.
h. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
i. Attempts to impersonate another person or entity;
j. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
k. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
l. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
m. Asserts or implies that Your Content is in any way sponsored or endorsed by us;
n. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
o. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
p. Accesses or uses the account of another customer without permission;
q. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
r. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
s. "Hacks" or accesses without permission our proprietary or confidential records, records of another Customer, or those of anyone else;
t. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
u. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
v. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
w. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
x. Collects, accesses, or stores personal information about other Customers of the Services;
y. Is posted by a bot;
z. Harms minors in any way;
aa. Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
ab. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
ac. Attempts to do any of the foregoing.
ad. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
You acknowledge that LUZO has no obligation to monitor your � or anyone else's � access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body You hereby agree and assure LUZO that the LUZO Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of LUZO in any form or manner whatsoever. You hereby agree and assure that while communicating on the LUZO Platform including but not limited to giving cooking instructions to the Partners, communicating with our support agents on chat support or with the Delivery Partners, through any medium, You shall not use abusive and derogatory language and/or post any objectionable information that is unlawful, threatening, defamatory, or obscene. In the event you use abusive language and/or post objectionable information, LUZO reserves the right to suspend the chat support service and/or block your access and usage of the LUZO Platform, at any time with or without any notice. Any Content uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the LUZO Platform, LUZO shall have the right to immediately block your access and usage of the LUZO Platform and LUZO shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes. �X. ��Customer feedback
If you share or send any ideas, suggestions, changes or documents regarding LUZO's existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) LUZO is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) LUZO may have already received similar Feedback from some other Customer or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against LUZO and its Customers any claims/assertions, whatsoever of any nature, with regard to such Feedback. Please provide only specific Feedback on LUZO's existing products or marketing strategies; do not include any ideas that LUZO's policy will not permit it to accept or consider. Notwithstanding the abovementioned clause, LUZO or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("Submissions") in any form to LUZO or any of its employees. The purpose of this policy is to avoid potential misunderstandings or disputes when LUZO's products or marketing strategies might seem similar to ideas submitted to LUZO. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions. Terms of Idea Submission You agree that: (1) your Submissions and their Contents will automatically become the property of LUZO, without any compensation to you; (2) LUZO may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for LUZO to review the Submission; and (4) there is no obligation to keep any Submissions confidential. �XI. Advertising
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by LUZO on the Services are subject to change without specific notice to you. In consideration for LUZO granting you access to and use of the Services, you agree that LUZO may place such advertising on the Services. Part of the site may contain advertising information or promotional material or other material submitted to LUZO by third parties or Customers. Responsibility for ensuring that material submitted for inclusion on the LUZO Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than LUZO found on or through the LUZO Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. LUZO will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the LUZO Platform and mobile application. XII. Additional Terms and Conditions for Customers using the various services offered by LUZO:
1. LUZO PAY:
In the event a Customer makes a payment for the Bill Amount (as defined below) using LUZO Pay on the LUZO Platform, in the city(ies) in which LUZO Pay is available, following terms and conditions shall be specifically applicable to the Customers:
a. The Customer can make a payment for the Bill Amount on the LUZO Platform by using any payment method available on the 'Payment' section on the LUZO Platform.
For the purposes of LUZO Pay, Bill Amount shall mean the total amount (including applicable taxes and other charges, as may be applicable, excluding tip) set out in the salon bill availed by a Customer at the Partner partnered with LUZO for LUZO Pay.
b. The Customer acknowledges that upon fulfillment of payment of the Bill Amount with the LUZO Platform, the Customer will be required to show the payment confirmation to the Partner partnered with LUZO for LUZO Pay.
c. Upon making a payment for the Bill Amount using LUZO Pay with LUZO Platform, the Customer will be entitled to LUZO Pay Benefits (as defined below), subject to successful payment being made by the Customer.
For the purposes of LUZO Pay, LUZO Pay Benefits shall include but not be limited to either of the following: a. instant discount(s) applicable on the Bill Amount b. additional banking partner offer(s) applicable on the final payable amount, net of other discounts (excluding tips), provided that the final payable amount meets the minimum and maximum order value criteria for a particular offer, if any, as may be decided by the bank from time to time.
d. The Customers can make a payment for the Bill Amount using LUZO Pay by either scanning the LUZO QR code at the Partner partnered with LUZO for LUZO Pay or by searching for the Partner partnered with LUZO for LUZO Pay on the LUZO Platform and selecting LUZO Pay as the payment method.
e. The Customer will be solely responsible to pay the Partner partnered with LUZO for LUZO Pay, the Bill Amount along with all costs and charges payable for all the other items for which you have placed an Order and which are not covered under the Bill Amount. In the event of a concern raised regarding the payment using LUZO Pay, we shall use our best endeavours to assist you however such payment will be subject to verification and confirmation from the Partner partnered with LUZO for LUZO Pay.
f. Your access to LUZO Pay Benefits shall be subject to receipt of successful payments by LUZO.
g. The Customer is required to be present at the partner Partner when using LUZO Pay.
h. The Customer acknowledges that the LUZO Pay Benefits cannot be clubbed with any ongoing offers by the partner Partner at the Partner premise or on items which are being sold at maximum retail price (MRP).
i. The Customer cannot use LUZO Pay for services if the Customer is employed at the same partner Partner.
j. LUZO reserves the right to terminate / suspend LUZO Pay Benefits to the Customer, if LUZO determines in its sole discretion that: (i) the Customer has violated the terms of LUZO Pay set out herein, (ii) have been involved in activities that are in contravention of the LUZO Pay terms and/or any terms for the usage of LUZO Platform; or (iii) have engaged in activities which are fraudulent / unlawful in nature while availing any of the services of LUZO.
k. LUZO reserves the right to block and/or terminate/suspend LUZO Pay Benefits on account of breach of these terms including any fraudulent and suspicious activity while using LUZO Pay.
l. LUZO Pay and the associated LUZO Pay Benefits will be applicable to the Customers on all days.
m. The instant discounts under LUZO Pay Benefits shall be as follows: If Customer uses LUZO Pay with LUZO Platform at a Partner partnered with LUZO Pro, the discount will be reflected as 'instant discount', only if applicable.
n. The Customer acknowledges that the Customer shall be entitled to LUZO Pay Benefits only if the payment for the Bill Amount is made using LUZO Pay with the LUZO Platform.
o. The Customer acknowledges that LUZO Pay is being made available purely on a best effort basis and availing LUZO Pay is voluntary.
p. LUZO reserves the right to modify the LUZO Pay Benefits and/or these LUZO Pay Terms from time to time or at any time, modify or discontinue, temporarily or permanently, LUZO Pay Benefits and/or these LUZO Pay Terms, with or without prior notice and the decision of LUZO shall be final and binding in this regard
q. These LUZO Pay Terms do not alter in any way the terms or conditions of any other program or arrangement the Customer may have with LUZO. Termination of LUZO Pay and these LUZO Pay Terms shall have no effect on the Terms of Service governing the contractual relationship between the Customers and LUZO.
r. If the transaction through LUZO Pay fails but the money is debited, the amount will be refunded within 7 days.
s. For any help or queries, you may reach out to us with chat support or write to us at [email protected].
2. LUZO Cash:
LUZO Cash is a loyalty program made exclusively for LUZO users. If you’re eligible, LUZO Cash will be credited to your LUZO Cash Balance which can be used for upcoming appointments. Each LUZO Cash is valid for a certain period after which it will expire. Kindly note 1 LUZO Cash is equivalent to 1 INR. However, LUZO Cash will not be considered as any kind of fiat currency. It cannot be transferred to any individual or entity for any transaction purpose except while making a payment with LUZO Pay for the appointment booked through the LUZO app at LUZO Pay partnered entities. LUZO Cash will be provided to the user in the form of cashback of a transaction, however, it cannot be withdrawn for any purpose except as mentioned above.
3. APPOINTMENT BOOKING SERVICE:
a. The Customer can make a request for booking an appointment for a service (s) at a Partner, offering appointments with the LUZO Platform and related mobile or software application and such appointments will be confirmed to a Customer by short message service ("SMS") and/or by any other means of communication. The availability of a booking is determined at the time a Customer requests for an appointment. While using the LUZO appointment booking service, you shall be required to provide certain details, You agree to provide correct details and warrant that these details are accurate and complete. By submitting a booking request, you express your acceptance to LUZO's terms and privacy policies and agree to receive booking confirmations by email, SMS and/or by any other means of communication after booking an appointment through the LUZO booking service. Customer further agrees not to make more than one reservation for Customer's personal use for the same appointment time. b. Modifications & Cancellations: Any request for modification of the confirmed booking will be subject to acceptance of the same by the Partner. LUZO will use its best endeavours to keep the Customer informed of the status of the booking. d. Late Arrivals: LUZO advises the Customer to arrive 10 minutes in advance of the scheduled booking time. The Partner reserves the right to cancel your booking and allocate the appointment to other guests in case of late arrivals and LUZO shall in no manner be liable for such cancellation initiated by the Partner. e. Dispute: In the event the Partner fails to honour the confirmed booking or in case of any other complaint or dispute raised by the Customer in relation to the booking, the Customer shall raise such disputes with LUZO within 30 minutes from the scheduled booking time at the helpline numbers as provided herein below. Upon receipt of such complaint or dispute, LUZO will make reasonable efforts to verify the facts of such complaint/ dispute with the Partner. f. Personal Information: Customers will be required to share certain personal information with LUZO and/or the Partner including but not limited to their name, phone number, email address in order to avail the LUZO appointment booking service and the Customer hereby permits LUZO to share such personal information with the Partner for confirming such Customer's booking and/or such other communication relating to but not limited to the LUZO Book Service or any promotions by the Partner. LUZO will use these details in accordance with the Privacy Policy published here. LUZO will share your personal information with the Partner for the purpose of your reservation. However, notwithstanding anything otherwise set out herein, LUZO shall in no manner be liable for any use of your personal information by such Partner for any purpose whatsoever. g. Additional Request: In the case of any additional request communicated by the Customer at the time of the booking, the same will be conveyed to the Partner by LUZO and confirmed to the Customer basis Partner's response. While LUZO will take all the care to ensure timely communication of these requests to both the Customer and the Partner, the liability to fulfill the request lies solely with the Partner and LUZO shall in no manner be liable if the Partner does not honor any of the confirmed additional requests of the Customers. h. Call Recording: LUZO may contact with telephone, SMS or other electronic messaging or by email with information about your LUZO appointment booking service or any feedback thereon. Any calls that may be made by LUZO, by itself or through a third party, to the Customers or the Partner pertaining to any booking requests of a Customer may be recorded for internal training and quality purposes by LUZO or any third party appointed by LUZO. i. Liability Limitation: Notwithstanding anything otherwise set out herein, LUZO shall in no manner be liable in any way for any in-person interactions with the Partner as a result of the booking or for the Customer's experience at the Partner or in the event a Partner does not honor a confirmed booking. LUZO is only a platform connecting Customers to the Partner and shall not be liable for any acts or omissions on part of the Partner including deficiency in service, quality of products used, time taken to serve or any other experience of the Customer. j. Contact Us: You may write to us at [email protected] for any further queries with regard to the LUZO appointment booking service and may also contact us on the following numbers for more information: +919619788939 XIII. Disclaimer of warranties, limitation of liability, and Indemnification 1. Disclaimer of Warranties YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SALONSURF, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("SALONSURF PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SALONSURF PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE SALONSURF PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER CUSTOMERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SALONSURF OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY SALONSURF, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS. 2. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SALONSURF PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SALONSURF PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, AND/OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SALONSURF'S REASONABLE CONTROL. IN NO EVENT SHALL THE SALONSURF PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. Indemnification You agree to indemnify, defend, and hold harmless the LUZO Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. XIV. Termination of your access to the services We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services XV. General terms Interpretation: The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. Entire Agreement and Waiver: The Terms, together with the 'Privacy Policy', shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege. Severability: If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect. Partnership or Agency: None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and LUZO and you shall have no authority to bind LUZO in any form or manner, whatsoever. Governing Law/Waiver: (a) For Customers residing in India: These Terms shall be governed by the laws of India. The Courts of Mumbai shall have exclusive jurisdiction over any dispute arising under these terms. (b) For all Customers: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION. Carrier Rates may Apply: By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred. Linking and Framing: You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately. XVI. Notice of copyright infringement LUZO shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the LUZO Platform, or items advertised on the LUZO Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Customers of the Services repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification: i. Identify in writing the copyrighted material that you claim has been infringed upon; ii. Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under); iii. Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law"; iv. Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf"; v. Provide your contact information including your address, telephone number, and e-mail address (if available); vi. Provide your physical or electronic signature; vii. Send us a written communication to [email protected] You may be subject to liability if you knowingly make any misrepresentations on a take-down notice. XVII. Contact Us: 1. Details of the Company Legal Entity Name: SALONSURF VENTURES PRIVATE LIMITED CIN: U72900MH2022PTC388919 Registered Address: 16, Parekh Vora Chambers, NM Road, Fort, Mumbai- 400 001 Details of website and Application: www.luzo.app application for mobile and handheld devices Contact Details: [email protected] 2. Grievance Redressal Mechanism: i. Customer Care Channels For any service or app related issue, you may write to us at [email protected] and we will strive to resolve your order related grievance within the timelines prescribed under applicable laws. You can escalate the matter to our Grievance Officer by giving reference to the ticket number generated from [email protected] and we shall address your concern within an estimated time of forty-eight (48) hours. ii. Details of the Grievance Officer Anurav Dave Grievance Officer, Salonsurf Ventures Private Limited 16, Parekh Vora Chambers, NM Road, Fort, Mumbai- 400 001 Email address: [email protected] Time: Monday - Friday (09:00 a.m. to 18:00 p.m.) iii. Details of the Nodal person Nikhil Kalwani Nodal Officer, Salonsurf Ventures Private Limited 16, Parekh Vora Chambers, NM Road, Fort, Mumbai- 400 001 Email address: [email protected] For Customers residing in India, please note, in compliance with The Information Technology Act, 2000 and the rules made thereunder, as well as The Consumer Protection Act 2019, and the rules made thereunder, the grievance redressal mechanism, including the contact details of the Grievance Officer and Nodal Officer are given herein above. Please note: LUZO does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call or mail or any other means. Please do not reveal these details to fraudsters and imposters claiming to be calling on LUZO’s behalf. You may report such suspicious activities to [email protected]
Refunds can be considered only in the scenarios mentioned below:
Customer has paid for a service by mistake which was not availed by him/her.
Customer has paid an incorrect amount which is more than the bill amount.
Salon has charged the customer an incorrect amount which is more than the true bill amount.
In case of refund, it will be issued within 7 working days.