Terms and Condition

Last updated on January 24, 2021

  1. INTRODUCTION
  1. This Terms and Conditions relate to your relationship with Bookenza Services Private Limited in India (to be referred as ‘Bookenza’ throughout this agreement).
  2. Bookenza refers to you as the ‘Customer’ which includes any individual or business entity that is willing to obtain beauty and wellness related services and products from our Partners i.e. (salons and spas) operating in any city of India. 
  3. The Customer agrees to buy the Appointments for beauty and wellness related services from Partners via Bookenza’s online services including its Website (www.bookenza.com) and App (mobile application on Android) where it can access all such Appointments related to its salon or spa, instant book and choose to pay an Appointment upfront digitally through Bookenza or via cash at the Partner premises (Altogether these make up the ‘Services’).
  4. The Customer acknowledge that by buying its Appointments through Bookenza it agrees to be bound by these Terms and Conditions.
  5. Any users who do not agree with these Terms and Conditions should not use the Bookenza Services.
  6. We do recommend that you familiarize yourself with the Booking Terms & Conditions and Privacy Policy as they bind by these Terms and conditions and governs your use of the Services.

 

  1. DEFINITIONS AND INTERPRETATIONS
  1. Appointment means the beauty and wellness services bookings offered by the Partner to the Customers over any Channel of the Bookenza.
  2. Applicable law means all laws, enactments, acts of legislature or parliament (including the Copyright Act, 1957), ordinance, statutes, rules, orders, decrees, injunctions, licenses, permits, approvals, authorisations, consents, waivers, privileges, agreements, notifications, guidelines or policies and regulations of any Government Authority having jurisdiction over the Parties as such are in effect as of the date hereof or as may be amended, modified, re-enacted or revoked from time to time hereafter and includes any administrative interpretation, writ, injunction, directions, directives, judgment, arbitral award, decree orders and international tax treaties, as may be in force from time to time.
  3. Channel means digital or physical medium/platform in which Bookenza markets, promotes, transmits, sells and/or distributes an Appointment through, including without limitation the Website, the App, or any third party platform (including without limitation a Facebook, Instagram, Linkedin, Twitter, Youtube or Google Ads)
  4. Claim(s) means any notice, demand, legal action, proceeding, suit, litigation, prosecution, mediation, arbitration, enquiry or assessment taken by any governmental authority or any other person whereby a person:
  • is placed under an obligation to make payment;
  • is enjoined or restrained from doing any act or thing; and/or
  • is deprived of any relief, allowance, credit or repayment otherwise available.;
  1. Consequential Loss means any one or more of the following: (a) loss of bargain; (b) loss of revenues; (c) loss of reputation; (d) indirect loss; (e) loss of profits; (f) consequential loss; (g) loss of actual or anticipated savings; (h) lost opportunities, including opportunities to enter into arrangements with third parties; (i) loss or damage in connection with claims against you by third parties; and (j) loss or corruption of data, or any loss which does not arise naturally, that is during the ordinary course of things, as a result of the relevant breach.
  2. Content means any Information published or made available via the Service, whether generated by Bookenza, you, the Customer, a user of Bookenza, or any other person.
  3. Customer means any individual or business booking an Appointment from time to time through a signed-up Bookenza account on the Bookenza platform.
  4. Goods means any goods that are offered by  our Partner.
  5. Intellectual Property Rights means all intellectual property owned or used including copyrights, patents, trade and service marks, registered design rights and applications, know-how, data base rights, trade, formulae, inventions, rights under licenses, consents orders statutes or otherwise in relation to any of the foregoing and all rights and forms of protection of a similar or analogous nature or having a similar effect to any of the foregoing anywhere in the world, which now or in future may subsist including the right to sue for past infringements of any of the foregoing rights, and shall include any other property or record specifically rendered as intellectual property under this Agreement.
  6. Partner means any salon or spa that has agreed to have their business, services and employees profiled in the Bookenza app, web and are accepting bookings. 
  7. Personal Information has the meaning given to that term by the Privacy Act.
  8. Services means Bookenza’s online appointment booking system which is accessed via the Bookenza interface.
  1. Third Party means an entity other than the Customer, Partner and Bookenza who is hired by Bookenza to facilitate the needed services in respect to the Platform;

 

  1. IN GENERAL

The Customer agrees:

  1. that we Bookenza, do not purchase, deliver and manage Services except as explicitly noted.
  2. that the Services are offered, delivered and advertised by the Partners on the Bookenza platform where the Customer intends to purchase it. Hence, the Customer and supplier relationship exists between the relevant Partner and the Customer only.
  3. that Bookenza is not responsible for the accuracy and completeness of the information made available by the Partner(s) related to the Services except the corporate information of the Partner.
  4. that if any error(s) are encountered in the Service offered by the Partner, then it will inform Bookenza on support@bookenza.com, where the Bookenza will do the needful in its capacity to resolve the error with no guaranty that all such errors will be corrected.
  5. that the Services on the Bookenza platform are not warranted to be always available, however Bookenza will try in its capacity to have the Services available throughout the year except for the planned maintenance activity duration.
  6. that it is responsible for any charges from Third Parties (i.e. Mobile operator, Data provider etc.) resulting from use of the Services on its mobile phone, laptop and desktop.
  7. that the Bookenza platform may not be compatible with all the devices and mobile carriers. Hence, in such scenario, a full functional working of Bookenza platform is not guaranteed.
  8. that Bookenza can at its sole discretion deny access to Customer to access its Services for any reason at any time. In such event, the Bookenza will notify the Customer over any preferred channel of communication.
  9. And is aware that Bookenza will be using the geo-location features to know the location of its Customer in order to recommend the salons or spas in the current city of the Customer.
  10. that by providing its mobile number and email address it is giving consent to Bookenza to send communication related to Customer’s account, technical problem, claims, marketing, advertisement, survey and any other reason deemed necessary as part of this Terms and Conditions through sms, phone calls, whatsapp, push notifications, emails, chatbot and in-app communications.
  11. that it allows Bookenza to monitor or record telephone conversations between the Customer and the Bookenza for quality control and training purpose without any notice or warning.
  12. that it releases Bookenza from any liability arising from the losses relating to deception, fraudulent and chargebacks incurred while using the Bookenza Services. Bookenza has the right to terminate the account of the Customer that engages and enables other Customer in fraud.
  13. to grant Bookenza a non-exclusive, royalty-free license to use, reproduce, display, distribute, and transmit your Information and Content, and any other information provided in connection with the purchase of any Appointments via any Services and Channels;
  14. that it will ensure in its best capacity to respect the booked Appointment time and in the scenario if the Customer misses the Appointment and intends to re-schedule the Appointment then it will abide by the Booking Terms and Conditions description as advertised with the Appointment.
  15. that the Membership Fees is not refundable in any scenario.

 

 

  1. CUSTOMER ACCOUNT

 

  1. The Customer will be asked to provide its mobile number, email address, date of birth, first and last name, city name, state name in accordance with the Privacy policy for the purpose of account registration.
  2. By registering with us, the Customer warrants that all the provided information is accurate and complete to its best knowledge.
  3. The Customer agrees that it will not sell or transfer its account to any another individual or entity.
  4. The Customer agrees that it will not impersonate any person or entity including Bookenza employees.
  5. The Customer agrees that it shall not upload or publish any defamatory, obscene, pornographic, or otherwise illegal material on the Bookenza platform.
  6. The Customer agrees that it will not use a language that abuses or discriminates based on race, religion, nationality, gender, age, religion etc. An immediate termination of the Customer account will be enforced by Bookenza in such known events.
  7. The Customer agrees that Bookenza may edit, remove, and modify the profile of the Customer which shall waive the rights of the Customer for the profile being altered in a manner not agreeable to them.
  8. The Customer agrees that the Bookenza have the right to monitor the Customer account in its sole and exclusive discretion.
  9. As part of the Customer verification during the sign in and sign-up process, the Customer will be asked to login or signup through its mobile phone number, where a one-time password (OTP) shall be sent on the Customers mobile phone number through a Third-Party messaging provider for authentication. Bookenza, does not bear any responsibility and cannot be held liable for a verification and non-verification of the Customer’s identity.
  10. Bookenza works with Third-Party platforms through which part of Bookenza Services are facilitated in accordance to our Privacy Policy. 
  11. The Customer can cancel his/her account by sending an email to Bookenza on support@bookenza.com or contacting the Bookenza over the in-app contact number. However, Bookenza will not refund the Customer for the period already paid in full i.e. the duration of the Moon Membership package, even if the Customer was not using or will not use it.

 

 

  1. MEMBERSHIP FEE
  1. Registration of a Customer may not be free of charge for the Moon membership; thus, the Customer may have to pay a Membership Fees to avail the Moon membership benefits. The exact amount of Membership Fees will be enlisted the Bookenza platform, where Bookenza reserves the right to change the fee, from time to time and in its full discretion. However, every Customer by default is considered to be an Earth member upon registration and can avail the benefits of the Earth membership for free till any further changes in the fee structure or benefits are published and enforced by Bookenza.
  2. The applicable Membership Fees shall be transferred via acceptable payment methods as set forth by Bookenza at the time of registration or as otherwise communicated to the Customer.
  3. The applicable Membership Fees will be paid by the Customer to the Bookenza in upfront on annual basis.
  4. Bookenza will deduct the applicable taxes (G.S.T) to the Customer, where the applicable amount of such taxes will be displayed in the invoice to the Customer.

 

 

  1. SERVICE DELIVERY
  1. Customer Dissatisfaction

 

  1. The Customer agrees that Bookenza is not responsible for services(s) that the Partner provides and is under no obligation to provide a refund or credit note in the event that a Customer is dissatisfied with the service(s) that the Partner has provided.
  2. If a Customer is dissatisfied in any way with service(s) provided, the Customer must resolve this dissatisfaction directly with the Partner.

 

  1. Appointment, no-show and cancellation

 

  1. Where a Customer purchases Partner services advertised in the Appointment but does not attend the appointment time (i.e. a “no-show”) the Customer shall be liable to the no-show/cancellation policy as advertised by the Partner.
  2. However, if the Partner informs Bookenza of the repetitive act of no-shows by the same Customer, then it may decide (in its discretion) to temporary terminate the account of such Customer.
  • Where a Customer has made the payment towards the Partner services through Bookenza and later decides to cancel the Appointment before the date of deadline as set by the Partner, then Bookenza shall process back the refund to the Customer by deducting any applicable Third-Party payment gateway, bank transaction fees and including the convenience fees of Bookenza. Such refunds will be executed within 5 business days from the end of Bookenza, however, any lead times from the Bank or Payment gateway will be applied in addition.

 

  1. Customer reviews

 

  1. Bookenza will be requesting or notifying the Customer to post a review on the experience of the Partner services.
  2. Bookenza will be posting such Customer reviews on its website, social media platforms, newsletters, special promotions, or other channels owned, hosted, used, or controlled by Bookenza and our Partners.
  • Bookenza will not accept reviews which include: Profanity, sexually explicit, hate speech, discriminatory, threats, violence, mention of full names, personal attack towards the staff, Promoting illegal activities (e.g. drugs, prostitution), Sites, emails, and addresses, phone numbers, bank details, political statements etc.

 

 

  1. MOON MEMBERSHIP
  1. As a Moon member, the Customer benefits with a special discounted rate as offered by participating Partners for certain individual or grouped or all services.
  2. The Moon member rate is only applicable for the participating salons or spas with Bookenza.
  3. The Moon member rate is for the members of the Bookenza Moon Membership program. This program is open to anyone that has an account on the Platform and all you need to do to become a member is pay the Membership Fees as applicable and upgrade. The membership rates are for that individual member and are non-transferable. Membership can also be linked to specific campaigns or incentives, as occasionally launched, or communicated per Bookenza’s sole discretion.
  4. The Moon member rate cannot be combined or used with other discounts (unless approved by the Partner or indicated otherwise).

 

 

  1. WARRANTIES AND LIABILITIES
  1. Bookenza does NOT have control over (1) the quality, safety, morality or legality of any aspect of any Services offered by the Partner using our Services, (2) the truth or accuracy of the listings or directory information provided to us by Partners, (3) the timeliness or accuracy of the Partner appointment calendar, (4) the ability of Partner to provide Services booked, (5) the identity of any Partner or its employees (6) the ability of Customers to pay for Services. We do not and cannot ensure that a Customer will complete a transaction. If you rely on any of the information provided by or on the Services, you do so solely at your own risk.
  2. Bookenza is not liable to the Customer in any way, whether in contract, or otherwise, for any loss, liability, costs, or damages (including without limitation, indirect or consequential loss), related to, or in any way connected with, Customers participation in, and purchase of its Appointments through, Bookenza via its Services and Channels, these Terms and Conditions, or the exercise or purported exercise of any rights conferred on Bookenza under these Terms and Conditions.
  3. As Bookenza is relying on the accuracy of the Content the Partner supply, Bookenza does not warrant or guarantee the accuracy or completeness of any Content about the Partner, its Appointments presented or promoted through Bookenza via the Channels and Services, and will not be liable in any way for any errors, omissions, misleading statement, misplacements, or incorrect statements, or be liable for any loss or damage or poor performance howsoever caused by you.
  4. Bookenza may at any time edit or remove any Content provided via the Channels and Services where it is determined by Bookenza such Content breaches these Terms and Conditions or any applicable laws and regulations, or is otherwise inappropriate or objectionable;
  5. Bookenza is not responsible for any communications between Partner and any user of Bookenza (including Customers), whether or not such communication has occurred as a result of use of Bookenza;
  6. The Customer is solely responsible for its acts and omissions for acquiring access to Bookenza’s interface or any other third party that acquires access to the interface through the use of credentials issued to or by the Customer.
  7. All special offers and promotions are marked as such. If they are not labeled as such, you cannot derive any rights in the event of obvious errors or mistakes.
  8. Bookenza does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Partner.

 

 

  1. INDEMNIFICATION
  1. The Customer warrants that the Information its supply to Bookenza is or will be free from any errors, omissions, misleading statement, misplacements, and incorrect statements, and if any such errors, omissions, misleading statement, misplacements, or incorrect statements arise you will promptly correct them;
  2. The Customer indemnify Bookenza, its directors, officers, employees , agents and affiliate  from and against all losses, costs, expenses, claims, demands, actions nature (including consequential loss and loss of income, or other economic loss), liabilities, judgments, causes of action, proceedings, suits, and damages of any actions or claims directly, indirectly incurred or suffered by them arising in relation to the participation and purchase of  Appointments through Bookenza via its Services, in relation to any matter concerning you, your Appointments, redemption of any Appointments, or as a result of any breach of these Terms (including any warranty) by you.
  3. Bookenza is not responsible under any circumstances to you or any person for any failure of, or interruption to, the Services, your Bookenza interface, at any time.
  4. Bookenza does not warrant or represent that the Services, will be compatible with any software applications you use, or will otherwise meet your requirements and be suitable for your purposes.
  5. The Customer shall indemnify, hold harmless Bookenza and its officers, directors, agents, employees, and Affiliate, from and against any and all Claims, demands, actions, costs, expenses, liabilities, judgments, causes of action, proceedings, suits, losses and damages of any nature (including consequential loss and loss of income, or other economic loss) which Customer may incur or suffer, or which are threatened or brought against (or are suffered or incurred by) Customer upon usage of the Bookenza platform.

 

 

  1. PRIVACY

 

  1. Bookenza works with third-party websites, applications, and services through whom our Services may be facilitated. By using the Services, you grant us a license to use and disclose the information (business name, address, telephone number, email address, hours of operation, schedule of availability, services offered, price list, reviews, employees profile and photographs) to such third party platforms and further warrant that the forgoing information provided by you to us will not infringe the rights of any third-party.
  2. You must give all assistance as required and comply with all directions Bookenza gives you from time to time in relation to compliance with the Privacy Act, or any investigation, request or enquiry (formal or otherwise) from the Privacy Commissioner regarding the Personal Information disclosed under these Terms and Conditions.
  3. You must notify Bookenza immediately if you become aware of any breach of this clause or any of your obligations under the Privacy Act.
  4. If you become aware of a Data Breach, or are or may be required by the Privacy Act to disclose any Personal Information Bookenza gives to you, then you must immediately notify Bookenza about the Data Breach and any other information requested by Bookenza.
  5. We reserve the right to process personal Customer information as set out in the Privacy Policy (as may be updated from time to time) and you agree and consent to the processing of such personal data by Bookenza. Without limiting your obligations elsewhere in these Terms and Conditions, you undertake promptly to include any information reasonably requested by Bookenza in the Privacy Policy to assist us in compliance with Data Protection Legislation.

 

  1. CONFLICT RESOLUTION

 

  1. Bookenza may amend these Terms and Conditions at any time. Bookenza will send you notice of any amendment to the email address or the phone number provided by you. If you do not object to the amendment in writing by reply email to us, within 7 days of the date of that notice, then you will be deemed to have accepted that amendment and the amendment will take effect from the date of the notice. If you propose an amendment to these Terms such amendment will only be effective if, and at the time that, Bookenza (in its sole discretion) expressly agrees in writing to the proposed amendment. You are responsible for ensuring that the Information you have provided to Bookenza at any time, including without limitation your contact details, remains current and accurate.
  2. In the event of any conflict between your terms and conditions (if any) or the terms of any appointment and these Terms, these Terms will prevail for all purposes.
  3. If a dispute arises between you and Bookenza, you agree to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal legal action.

 

  1. INTELLECTUAL PROPERTY RIGHTS
  1. The Partner acknowledge and agree that nothing in these Terms and Conditions grants you any right, title or interest in the Intellectual Property Rights owned by or licensed to Bookenza.
  2. Bookenza gives no warranty that participation in and promotion of your Appointments using Bookenza, does not infringe the Intellectual Property Rights or other rights of any third party.

 

  1. TERMINATION
  1. Bookenza may terminate your participation in Bookenza at any time with immediate effect by giving you notice,  the same being sent to the email address or phone number provided by you, when discovered the forgoing prohibited uses by the Customer:  (1) any illegal activity or goods; (2) drugs and tools intended for the production of drugs; (3) pharmacies or pharmacy referral services; (4) betting, including lottery tickets, sports related gambling, casinos; (5) insurance or other financial merchandise or services; (6) money transfer; (7) independent financial adviser services or securities; (8) pyramid selling or multi-level marketing; (9) counterfeit goods and goods infringing on third party intellectual property rights; (10) adult entertainment oriented products or services; (11) escort or sexual services; (12) sales of firearms, ammunition, or weapons and other devices designed to cause physical injury; (13) internet/mail order/telephone order of age-restricted products (e.g., tobacco, alcohol); (14) hate or harmful products or other products or services invoking or supporting discrimination, violence or terrorism; (15) any other sales of products or services in highly-regulated industries; and (16) illegal software or illegal downloads such as music, films, or games. Violations of this requirement may result in account termination. (17) Insolvency event.
  2. The Customer can terminate its participation with Bookenza by sending Bookenza an email on customer@bookenza.com or contacting Bookenza through the provided contact number in the mobile app. However, Bookenza will not refund the Membership fees to the Partner for the period already paid for, even if the Customeris not using the Services during the subscribed period.
  3. On or any time after termination, Bookenza will remove your access to the Bookenza interface, and Information in respect of you, your Appointments, will cease to be available through its Services, and Customers will cease to be able to access such Information or book appointments from the date of such removal.

 

  1. DISPUTE RESOLUTION
  1.  All disputes and differences arising out of or in connection with any of the matters set out in this Terms and Conditions  (“Dispute”), if not resolved by amicable settlement within 30 (thirty) days from the Dispute, shall be finally and conclusively determined by arbitration by a sole arbitrator mutually appointed jointly by disputed Parties, in accordance with the Arbitration and Conciliation Act, 1996, of India, for the time being in force.
  2. The sole arbitrator shall reach and render a decision in writing with respect to the appropriate award to be rendered or remedy to be granted pursuant to the dispute.
  3. To the extent practical, decisions of the arbitrator shall be rendered in no more than 90 (Ninety) days following commencement of proceedings with respect thereto.
  4. The arbitration shall be conducted in English, and the seat and venue for arbitration shall be Noida, Uttar Pradesh, India.
  5. The arbitrator shall be entitled to award costs of the arbitration.
  6. The award shall be binding on the Parties subject to the Applicable Laws in force and the award shall be enforceable in any competent court of law.

 

  1. GOVERNING LAW AND JURISDICTION
  1. This Terms and Conditions and the relationship between the Bookenza and Customers shall be governed by and construed in accordance with the laws of India, the courts at Noida, Uttar Pradesh, India shall have exclusive jurisdiction.

 

 

  1. TERMS AND CONDITIONS UPDATE

 

  1. We reserve the right to modify this Terms and Conditions from time to time as required. We recommend you to review this Terms and Conditions frequently. However, any made material changes to this Terms and Conditions, we may notify you on our Platform, by email, or by any method we determine. The method we chose is at our sole discretion. We will also change the "Last Updated" date at the beginning of this Terms and Conditions. Any changes we make to our Terms and Conditions are effective as of this Last Updated date and replace any prior Terms and Conditions.
  2. If you have any questions about these Terms and Conditions, please contact us at support@bookenza.com.