LIVD Terms of Service
Last Updated: October 1, 2021
1) Contractual relationship
These Terms of Service (“Terms”) constitute a legally binding agreement (the “Agreement”) between you, an individual, and LIVD App Inc. (“LIVD,” “we,” “us,” or “our”), a private limited liability corporation, governing your use of the LIVD mobile application, website, and technology platform (collectively, the “LIVD Platform”) in Canada. This Agreement also governs the rights and entitlements of Artists (as defined below) related to your relationship with LIVD.
PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO ACCESSING OR USING OUR SERVICES.
PLEASE BE ADVISED: THESE TERMS CONTAIN AN ARBITRATION CLAUSE (SEE SECTION 15 BELOW) THAT GOVERNS HOW CLAIMS THAT YOU AND LIVD HAVE AGAINST EACH OTHER CAN BE BROUGHT. EXCEPT FOR CERTAIN TYPES OF DISPUTES OUTLINED IN THAT CLAUSE AND AS PERMITTED BY LAW, YOU AND LIVD AGREE THAT DISPUTES BETWEEN THE TWO PARTIES WILL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION AND THAT YOU AND LIVD WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Your access and use of the LIVD Platform constitutes your acknowledgement that you understand this Agreement (including Section 15 regarding dispute resolution provisions) and your agreement to be bound by these Terms. If you do not agree to these Terms, you may not use or access the LIVD Platform. These Terms expressly supersede any prior agreements or arrangements between you and LIVD. We reserve the right to immediately terminate these Terms or any Services with respect to you, or generally cease offering or providing access to the Services or any portion thereof, at any time for any reason.
2) The services we offer
The Services we offer constitute an online marketplace that enables persons seeking beauty services (“Consumers”) to arrange and schedule appointments with independent third party contractors that offer these services (“Artists”). Consumers and Artists are collectively referred to in this Agreement as “Users” and the beauty services provided by Artists to Consumers that are matched through our application shall be collectively referred to as the “Services.”
BY ACCEPTING THESE TERMS YOU ACKNOWLEDGE AND AGREE THAT LIVD DOES NOT ITSELF PROVIDE BEAUTY SERVICES AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY LIVD. YOU ALSO ACKNOWLEDGE AND AGREE THAT LIVD HAS NO RESPONSIBILITY OR LIABILITY FOR THE ACTS OR OMISSIONS OF ANY ARTIST. WE DO NOT ASSESS OR GUARANTEE THE SUITABILITY, LEGALITY, OR ABILITY OF ANY ARTIST AND HAVE NO CONTROL OVER THE QUALITY AND SAFETY OF THE SERVICES.
Subject to the Terms of this Agreement, LIVD grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the LIVD Platform to access the Services and access any content and information made available through the Services. Any rights not expressly granted in this Agreement are reserved by LIVD.
While the LIVD Platform may be accessed in connection with third party services and content, we do not endorse such services and content and in no event shall we be liable for any products or services of such third parties. Apple Inc., Google Inc. and/or their applicable subsidiaries and affiliates will be third party beneficiaries to this Agreement if you acquire or access the LIVD Platform or Services using applications developed for their respective operating systems. As third party beneficiaries, the entities will not be parties to this Agreement and shall have no obligations or responsibilities with respect to the LIVD Platform, in any manner. By accepting this Agreement, you also accept being subject to the terms set forth in the applicable third party beneficiary’s terms of service.
The Services and all rights therein shall remain the property of LIVD or its licensors. Neither your use of the Services nor this Agreement, grant to you any rights related to the Services or rights to use LIVD’s company name, logos, or other intellectual property, in any manner, except for the limited license granted under these Terms.
3) Amendments to the Agreement
LIVD may amend the Terms of this Agreement from time to time. We shall provide our Users advance notice of such changes and such amendments shall become effective and binding upon you upon posting of such updated Terms at this location on the date specified in the notice. Your continued use of the LIVD Platform or Services after such posting shall constitute your consent to be bound by the Terms, as amended, to the extent permitted by law. You agree that amendments to this Agreement do not create an opportunity to opt out of arbitration unless material changes are made to the arbitration provision herein.
4) Your use of the Services
Individuals must register for and maintain an active personal User account (“Account”) in order to access our Services. The LIVD Platform may only be used by individuals who can form legally binding contracts under applicable law and have reached the age of majority in their province or territory of residence. By accepting these Terms, you represent and warrant that you have the right, authority, and capacity to enter into and abide by the Terms of this Agreement and have reached the age of legal majority in your province or territory of residence. Registration requires you to provide LIVD certain personal information, such as your name, email address, phone number, and at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in our Account and acknowledge that your failure to do so may limit your access to the Services or LIVD’s termination of these Terms with you.
You are the sole authorized user of any Account you create on the LIVD Platform and you acknowledge that you are solely and fully responsible for all activity and charges that occur under your Account. You also agree to protect the security of your Account and password. Should you suspect that any unauthorized party may be using your Account, you agree to notify LIVD immediately. LIVD expressly disclaims any liability for losses, damages, expenses, and fees arising from unauthorized use of your Account and you may be liable for losses, damages, expenses, and fees incurred by LIVD or a third-party arising from such access.
The User is responsible for the data network access necessary to use the Services and access the LIVD Platform. You shall be responsible for all fees, costs, overage charges, and roaming charges associated with the use of the Services and access to the LIVD Platform. You shall also be responsible for acquiring and updating compatible hardware to access the Services. We do not guarantee that the LIVD Platform, or any portion thereof, will function on any particular hardware, device, or operating system.
As a Consumer, you understand that use of the Services may result in charges to you for services provided by an Artist (“Charges”) and you agree to pay these Charges as outlined below. Charges include fees for the selected beauty services, any applicable surcharges and taxes, as well as any tips to the Artist that you elect to pay. After the Artist has confirmed completion of the requested Services, LIVD will facilitate payment of the applicable Charges on behalf of the Artist as such Artist’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payments made directly by you to the Artist.
- Payments: All Charges are due immediately and LIVD will facilitate payment using the payment method designated when the booking was confirmed. Subsequently, we will send you a receipt by email and a copy will also be available in the LIVD App under Your Appointments >> Prior. If the payment method you selected is determined to be expired, invalid, or otherwise unable to be charged, you agree that we may use any other payment method in your Account, if available. LIVD may limit your access to the LIVD Platform until such time as any outstanding Charges have been fully settled. With the exception of tips, cash payments are strictly prohibited and all other Charges shall be made through the LIVD Platform.
- No-refund policy: All Charges are final and non-refundable, unless otherwise determined by LIVD.
- Service fees: Services offered on the LIVD Platform are priced based on quoted rates set by the Artist for the Services the Consumer has requested, adjusted for any additional fees, surcharges, and/or taxes. If during your appointment you make changes to your requested Services, the Artist may revise their Charges to reflect the updated Services performed. LIVD also reserves the right to establish, remove, and/or revise Charges for any Services rendered through the LIVD Platform at any time in LIVD’s sole discretion.
- Cancellation fee: After confirming the booking of a beauty service, you may cancel the appointment through the app, however this may result in a cancellation fee being applied (not to exceed $10). You may also be charged a fee (not to exceed $10) if you fail to show up to a scheduled appointment.
- Damage fee: Consumers shall be responsible for any damage or necessary cleaning of the Artist’s property resulting from the use of the Services in excess of typical “wear and tear” damages and regular cleaning. If an Artist reports that you have caused such damage or that their property requires such cleaning and LIVD has verified such request in our reasonable discretion, LIVD reserves the right to facilitate payment for the reasonable cost of such repair or cleaning (not to exceed $250) to the applicable Artist. Damage fees are non-refundable.
- Other charges: Additional fees and/or surcharges may be applied to your Service. This may include provincial or local fees, event fees, or a safety surcharge.
- Taxes: All amounts are exclusive of applicable goods and services/harmonized sales taxes (GST/HST). As such, the Artist or LIVD, as the case may be, shall be responsible to charge applicable taxes in addition to such amounts to your payment method as described above.
- Gratuity: LIVD does not designate any portion of the above fees as a gratuity or tip to the Artist. You acknowledge that you are free to tip your Artist, either in cash or through the app, but are under no obligation to do so. After the Artist has confirmed completion of the Service, you will have the opportunity to rate your experience, provide additional feedback about your Service, and add a tip. All gratuities are voluntary. All tips will be provided entirely to the Artist and no fees or other deductions will be made by LIVD.
- Promotional offers: You may receive coupons, credits, or other promotional offers and discounts (“Offers”) from LIVD that can be applied towards the payment of certain Charges. Offers are only valid to cover Charges for Services on the LIVD Platform, are non-transferable, and are not redeemable for cash except as required by law. Offers cannot be applied towards any gratuities or tips that you have elected to pay to the Artist. Offers cannot be combined. The value of the Offer is limited to the Charges incurred for your Service and, if the value of your Service exceeds the applicable Offer, the outstanding cost will be charged to your payment method as described above. Additional restrictions may apply on the Offer as outlined in the relevant promotional material.
- Authorization: LIVD may seek authorization of your selected payment method when a new payment method is added to your Account or a new service has been confirmed in order to verify the payment method and ensure Charges can be covered. While the authorization is not a charge, it may reduce available credit until your bank’s next processing cycle. We cannot be held responsible if this authorization results in overdraft or non-sufficient funds (NSF) charges by your bank.
- Currency: All Charges will be in local currency of the jurisdiction where the services have been performed and as such, all Charges for services in Canada will be in Canadian dollars.
As an Artist on the LIVD Platform, you will receive payment for Services you provide to Consumers. All Service Fee payments shall be subject to a LIVD Commission (discussed below) while all tips provided by Consumers to you will not be subject to any LIVD Commissions or other fees. The Service Fees you earn will be collected by LIVD on your behalf and processed through our third-party payments processor. You acknowledge and agree that such amounts shall be net of any amounts we are required to withhold by law and shall not include any interest.
- LIVD Commission: You agree to pay LIVD (and permit us to retain) a commission in exchange for permitting you to offer your Services through our Platform (“LIVD Commission” or “Commission”). The amount of the Commission will be set at fifteen percent (15%) of your quoted Service Fees, prior to any Artist promotions. LIVD reserves the right to change the LIVD Commission at any time at our sole discretion. LIVD will provide you advance notice in the event of such a change and your continued use of the LIVD Platform subsequent to such a change shall constitute your consent to such change.
- Pricing: You acknowledge and agree that you are responsible for setting your Services Fees for any Services that you choose to offer on the LIVD Platform. You also reserve the right to change your Service Fees at any time. You acknowledge it may take up to one (1) business day for changes in your Service Fees to be reflected in the Consumer’s search results. You acknowledge and agree that Service Fees on an already confirmed appointment may only be reduced for the Consumer and may not be increased.
- Service Fee Adjustments: LIVD reserves the right to adjust or withhold all or a portion of Service Fees if we have reasonable grounds to believe that (i) there has been an issue with the Service (such as an incomplete appointment) or (ii) you have attempted to abuse or defraud LIVD, the LIVD Platform, or our third-party payments processor.
- Cancellation fee: After a Consumer has booked a Service, you may cancel the appointment through the app, however this may result in a cancellation fee being applied (not to exceed $10). You may also be charged a fee if you fail to show up to a scheduled appointment (not to exceed the value of the original booking).
- GST/HST on Artist Payments to LIVD: All amounts payable to LIVD by the Artist, as provided for under the terms of this section of the Terms (e.g. LIVD Commissions), are exclusive of applicable goods and services/harmonized sales taxes (“GST/HST”), and LIVD shall charge applicable GST/HST in addition to such amounts.
- GST/HST on Payments to Artists: For Charges incurred by the Consumer, LIVD shall charge GST/HST on behalf of each Artist and shall pay over the GST/HST to such Artist, net of any LIVD Commissions and other fees (and any GST/HST thereon), for remittance to the Canada Revenue Agency (CRA). Any bonus or referral payments to you shall also be subject to applicable GST/HST. Artists shall be responsible for providing LIVD with a valid GST/HST registration number within thirty (30) calendar days of completing their first Service by emailing us at email@example.com with the subject line “GST/HST registration.” Artists are also responsible to inform LIVD of any changes to their GST/HST registration status within thirty (30) calendar days of such change, by the same method as noted above.
- GST/HST on Coupons: Coupons are presented by the Consumer, and accepted by LIVD on behalf of the Artist, when selected by the Consumer for application toward payment. Reimbursement payments by LIVD to an Artist for the Artist’s acceptance of a Coupon are not subject to GST/HST.
- Indemnity: The Artist agrees and acknowledges that it is their responsibility to report and remit GST/HST on all amounts collected and collectable by the Artist as required by applicable law. LIVD shall not be responsible, and each Artist shall indemnify and hold LIVD harmless, for any GST/HST, interest, penalties, and other amounts that may be assessed by the Canada Revenue Agency as a result of the Artist’s failure to become registered or to maintain a valid registration for GST/HST purposes, or as a result of the Artist’s failure to remit GST/HST or otherwise comply with their obligations under applicable law.
By accepting these Terms and creating an Account, you agree that we may send you communications, including text (SMS) messages, e-mail, push notifications, and phone calls, to update you on operational and transactional information about your Account as well as for commercial and promotional purposes. You will be responsible for charges applied by your cell phone carrier for these communications.
YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE LIVD PLATFORM OR THE SERVICES. USERS CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAILS BY FOLLOWING THE UNSUBSCRIBE INSTRUCTIONS AT THE BOTTOM OF THE PROMOTIONAL EMAIL ITSELF. USERS CAN ALSO REPLY “STOP” TO ANY PROMOTIONAL TEXTS WE SEND TO STOP RECEIVING THEM. WE WILL CONTINUE TO SEND YOU EMAILS RELATED TO YOUR TRANSACTIONS AND IMPORTANT UPDATES ABOUT THE LIVD PLATFORM. WE WILL ALSO CONTINUE TO SEND YOU TEXT MESSAGES RELATED TO YOUR USE OF OUR SERVICES. IF YOU WISH TO OPT OUT OF RECEIVING ALL TEXT MESSAGES, YOU CAN TEXT THE WORD “STOPALL” TO ANY MESSAGE YOU HAVE RECEIVED FROM LIVD. YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS FROM LIVD MAY IMPACT YOUR USE OF OUR SERVICES.
8) Your Content
Your Content is any text, audio, and/or visual content that a User submits, uploads, publishes, or otherwise makes available on the LIVD Platform, including User reviews and commentary, your contact with LIVD support, and through any in-application messaging (“Your Content”). You acknowledge and agree that you are solely responsible for Your Content and LIVD only acts as a passive conduit. We reserve the right, but not the obligation to review, monitor and remove Your Content, at our sole discretion and at any time and for any reason, without notice to you.
You retain full ownership of all Your Content and we do not assert any ownership thereof. However, you grant to us a perpetual, worldwide, irrevocable, royalty-free, transferable, and sublicensable right with the license to use, copy, modify, prepare derivative works of, distribute, display, and perform Your Content in any formats and any distribution channels now known or hereafter devised without further notice to or consent from you, subject to any applicable privacy laws. You represent and warrant that (i) you have all rights, licenses, consents, and releases necessary to grant to LIVD the above rights and licenses to Your Content, and (ii) our use of Your Content will not result in violation of any laws or regulations, infringe on a third-party’s intellectual property rights or rights of publicity or privacy.
You may be able to link your LIVD Account to online accounts you may have with third-party social media sites. By linking your LIVD Account to your social media sites, you acknowledge that LIVD may have access to content on such social media sites (according to permission settings of such accounts) and as such, certain information may become available to other Users on the LIVD Platform. You acknowledge that all such content on third-party sites is not subject to any royalty, fees or other charges and agree to indemnify LIVD from any royalties, fees, or other charges that may result from such links.
9) Promotions and Referral Programs
LIVD may, at its sole discretion, create and make available promotions (including promo codes and referral codes) with different features (such as Account credits or bonus services) to any Users or prospective Users, subject to any additional terms that LIVD establishes on a per promotion basis. LIVD reserves the right to set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives at its sole discretion. You acknowledge and agree that these promotions (i) shall have no bearing whatsoever on your Agreement or relationship with LIVD, unless made to you, (ii) may not be duplicated, sold, bartered, transferred in any manner, or made available to the general public, without LIVD’s prior express consent, (iii) are not valid for cash (except as required by law), (iv) may expire prior to your use, (v) may be cancelled or disabled by LIVD at any time for any reason without liability to LIVD, and (vi) may only be used subject to the specific terms for such promotions and in a lawful manner. LIVD reserves the right to withhold or deduct credits or other features or benefits obtained through a promotion by you or any other User in the event that LIVD determines or believes that the redemption or use of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms at any time at LIVD’s sole discretion.
10) Rules and prohibitions
By using the LIVD Platform and participating in the Services, you agree that:
- You will not use another User’s account, impersonate any person or entity, or manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- You will not violate any applicable law, statute, rule, permit, or regulation, or in any way infringe any third party’s rights, including but not limited to intellectual property rights, right to privacy, or publicity rights;
- You will only use the Services for lawful purposes and you will not engage in conduct that harms other Users, LIVD employees, or the public;
- You will not threaten, harass or cause nuisance, annoyance or inconvenience to any person;
- You will not provide or otherwise communicate to us (including, but not limited to during registration, the normal course of operation, reviewing another User, and filing a complaint) information that is false, inaccurate, misleading (directly, by omission, or by failing to update information), obscene, profane, sexually oriented, defamatory, or abusive, as determined by LIVD at its sole discretion;
- You consent to LIVD verifying your identity and agree to provide any additional authorizations or information we may require to complete the verification process;
- You will not discriminate against or deny service to anyone on the basis of race, national origin or ethnicity, religion, gender or gender identity, physical or mental disability, marital status, age, or sexual orientation;
- You will use the LIVD Platform and Services for your own use and will not directly or indirectly resell, redistribute, license or sublicense, rent or lend, or transfer access to any part of the LIVD Platform or the Services;
- You will not assign, sell, or otherwise transfer your Account or password to any other person or entity;
- You will not use any part of the LIVD Platform or the Services for any commercial purpose, including but not limited to advertising, soliciting, or selling to any User, unless given LIVD’s prior express written consent;
- You will not modify, translate, reverse engineer, decompile, or otherwise disassemble any portion of the LIVD Platform;
- You will not use the Services in any manner that could interfere with, damage, disable, disrupt, overburden or impair the Services, the LIVD Platform, or any networks connected to the LIVD Platform;
- You will not transit any malicious programs, files or code designed to interfere with, damage, disable, disrupt, overburden or impair any software or hardware;
- You will not attempt to gain unauthorized access to the Services, the LIVD Platform, or any system, data, or personal information;
- You will not defraud, abuse, or violate the terms of our Promotion and Referral Programs;
- You will not access the LIVD Platform with any robot, spider, web crawler, extraction software, automated or manual process and/or device to scrape, retrieve, copy, index, “data mine,” frame or monitor any portion of the LIVD Platform or any of its contents;
- You will not mirror any part of the LIVD Platform without our prior express written consent;
- You will promptly report any bugs, unauthorized access, or breaches that you uncover; and
- You will not attempt to undertake or cause any third party to undertake or attempt to undertake any of the foregoing.
11) Artist Agreements, Representations, and Warranties
By providing Services on the LIVD Platform, you agree, represent, and warrant that:
- You will not make any false, inaccurate, or misleading representations regarding LIVD, the LIVD Platform, the Services, or your status as an Artist;
- Your beauty products and cleaning practices meet all industry safety standards as well as all applicable local, provincial, and federal regulations;
- You will not engage in any unsafe, reckless or unhygienic behaviour during the provision of Services;
- You will not permit any unauthorized third-party to accompany you during the provision of Services;
- You will not provide Services as an Artist while under the influence of drugs or alcohol;
- You will not demand that a Consumer pay in cash or use a credit card reader to accept payment;
- You will not attempt to abuse or defraud the Consumer, LIVD, the LIVD Platform or our third-party payments processor and we reserve the right to adjust or withhold all or a portion of your payments if we suspect you have engaged in fraudulent behaviour;
- You will make reasonable accommodations for Consumers with disabilities or that require service animals, as required by law;
- You consent to LIVD performing a criminal background check as well as enhanced verification of your identity and agree to provide any additional authorizations or information we may require to facilitate our access to such records; and
- You will pay all applicable federal, provincial, and local taxes based on payments received by you for your provision of Services.
12) Intellectual Property
LIVD (and its licensors, where applicable) shall own absolutely and in their entirety all intellectual property rights, including copyright, trademarks (registered and unregistered), design rights (registered and unregistered), and database rights, in the LIVD Platform, wherever existing in the world with the right to apply for the protection of any of these intellectual property rights.
During the term of this Agreement and subject to compliance with the Terms, LIVD grants Artists on the LIVD Platform a limited, revocable, non-exclusive, non-transferable license to display and use the LIVD logo, designs, and scripts (LIVD Marks) solely in connection with providing the Services through the LIVD Platform. You acknowledge that LIVD is the owner and licensor of the LIVD Marks and that your use of the LIVD Marks confers no additional interest in or ownership of the LIVD Marks. You agree that you will not (i) use, modify, prepare derivative works of, distribute, or display the LIVD Marks, other than as expressly approved by LIVD, (ii) take any action that could jeopardize or impair the validity of the LIVD Marks as trademarks or LIVD’s rights to the LIVD Marks, (iii) remove any copyright, trademark or other proprietary notices from any portion of the LIVD Marks, and (iv) use the LIVD Marks on or in connection with any product or service that is in violation of any applicable law, statute, rule, permit, or regulation or which in any way infringes any third party’s rights. You agree that any materials you create bearing the LIVD Marks, whether in violation of this Agreement or not, will become, upon creation, the exclusive property of LIVD, including all rights, titles, and interests in such materials.
Please contact us at firstname.lastname@example.org if you believe that any materials on the LIVD Platform infringe upon your copyrights.
13) Disclaimers, Indemnity, and Limitation of Liability
The following disclaimers are made on behalf of LIVD including our affiliates, subsidiaries, parents, successors, and assigns, and each of our officers, directors, employees, and agents.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND LIVD DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, QUALITY, AVAILABILITY OF THE SERVICES, OR SUITABILITY, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. WE ALSO MAKE NO GUARANTEES OR REPRESENTATIONS REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ARTISTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE LIVD PLATFORM OR SERVICES REMAIN SOLELY WITH YOU. LIVD DOES NOT WARRANT THAT THE LIVD PLATFORM IS FREE OF VIRUSES AND OTHER MALWARE. WE SHALL NOT BE LIABLE FOR ANY COSTS, DIRECT OR INDIRECT, AS A RESULT OF DAMAGE TO YOUR PROPERTY, EQUIPMENT, OR DATA AS A RESULT OF YOUR USE OF THE LIVD PLATFORM OR SERVICES.
LIVD’s sign-up process requires all Users to provide proof of their identity. However, we cannot guarantee that each Artist and Consumer is who they claim to be. Please confirm that the individual matches the photo of the Artist or Consumer for your Service. We do not accept any responsibility or liability for use or access to the LIVD Platform by persons under the age of majority or acting under false pretense.
LIVD disclaims all liability for the actions, acts, conduct, or omissions of Users. By using the Services and accessing the LIVD Platform, you agree and accept that LIVD is not responsible for the actions, acts, conduct, or omissions of any Users and that you are solely responsible for your interactions with other Users. You agree that LIVD is not responsible for any personal belongings lost, forgotten, or stolen during the use of our Services. LIVD shall not be responsible for the use of any personal information you disclose to other Users on the LIVD Platform or through the Services.
You agree to indemnify and hold LIVD including our affiliates, subsidiaries, parents, successors, and assigns, and each of our officers, directors, employees, and agents harmless from any and all claims, suits, demands, losses, liabilities, and expenses (including attorneys’ fees) relating to or arising out of your use of the LIVD Platform or Services (or services or goods obtained through your use of the Services), including (i) breaking or violating of any of these Terms or this Agreement, (ii) any violation, infringement, or allegation thereof of the intellectual property (including copyright, trademark, and trade secret) or other rights of any third-party resulting from any material you shared on the LIVD Platform, (iii) our use of your User Content, (iv) your violation of any law or the rights of a third-party, or (v) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
LIVD, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY “LIVD” FOR PURPOSES OF THIS SECTION) SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, LOST PROFITS, PERSONAL INJURY, PROPERTY DAMAGE, SERVICE INTERRUPTIONS, OR THE COST OF PROCURING SUBSTITUTE SERVICES) IN CONNECTION WITH, RELATED TO, OR OTHERWISE ARISING OUT OF USE OF THE LIVD PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF LIVD OR OUR AGENTS OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIVD SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM ANY CAUSES. YOU ACKNOWLEDGE THAT ARTIST’S MAY OFFER BEAUTY SERVICES EVEN THOUGH THEY MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE LIVD PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE BEAUTY OR OTHER SERVICES WITH OUR ARTISTS WHO ARE THIRD-PARTY PROVIDERS. YOU AGREE THAT LIVD HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY BEAUTY OR OTHER SERVICES PROVIDED TO YOU BY THESE THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
14) Term and Termination of the Agreement
15) Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY AS IT REQUIRES YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND LIVD THROUGH BINDING INDIVIDUAL ARBITRATION. AS SUCH, YOU ARE WAIVING ANY STATUTORY OR CONSTITUTIONAL RIGHTS TO SUE IN COURT AS WELL AS THE RIGHT TO RESOLVE CLAIMS ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS UNLESS THE APPLICABLE LAWS DO NOT ALLOW FOR THE ENFORCEMENT OF SUCH WAIVERS IN RESPECT OF THE CERTAIN DISPUTES. THIS SECTION 15 SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
- Scope of Arbitration Agreement: You agree that any disputes or claims (whether contract, tort, or otherwise) between you and LIVD, including our affiliates, subsidiaries, parents, successors, and assigns, and each of our officers, directors, employees, and agents, arising out of or relating to, in any way, your access or use of the Services, any communication regarding LIVD or the Services, or this Agreement will be resolved by binding arbitration on an individual basis, except (i) claims that can be resolved in small claims court so long as the matter remains in such court and advances only on an individual basis and (ii) either party may seek equitable relief for the alleged infringement or other misuse of intellectual property rights, including copyrights, trademarks, trade dress, or patents. This Arbitration Agreement shall apply, without limitation, to all claims and disputes that arose between us before the effective date of this Agreement.
- Arbitration Rules: The arbitrations shall be conducted in the Province or Territory of the User’s registered address, in accordance with the arbitration legislation of that Province/Territory and this Agreement. The arbitrator shall establish the procedures to be followed in the arbitration, including in respect of document production, oral discovery rights (if any), evidence, procedural motions and the conduct of the hearing, in accordance with the applicable arbitration legislation in the jurisdiction in which the arbitration is being conducted. As part of the arbitration, both parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the claim and the arbitrator will honor all claims of privilege recognized by law. The arbitration will be conducted by a single neutral arbitrator who will decide the substance of all claims in accordance with applicable rules. Payment of all filing, arbitration, and administrative fees will be governed by applicable laws. Each party shall pay their own attorney’s fees and any costs that are not unique to the arbitration (i.e. costs that each party would incur if the claims were litigated in a court). Any claims or disputes for less than CAD $10,000 may be resolved through binding, non-appearance-based arbitration at the option of the party seeking relief. The arbitrator’s award shall be final and binding and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Arbitrator Powers: The arbitrator, and not any federal, provincial or local court or agency, shall have exclusive authority to resolve any dispute or claim arising from or related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement. In no event shall the arbitrator consolidate more than one person’s claims, or otherwise preside over any form of class, collective or representative proceeding.The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement. The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and the Company.
- Waiver of Jury Trial: YOU AND LIVD MUTUALLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A TRIAL IN FRONT OF A JUDGE OR JURY FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW. You and LIVD are instead electing to have claims and disputes resolved by arbitration. Court review of an arbitration award is limited and in any litigation over whether to vacate or enforce such award YOU AND LIVD WAIVE ALL RIGHTS TO A JURY TRIAL and elect to have the dispute resolved by a judge.
- Waiver of Class or Consolidated Actions: YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL CLAIMS AND DISPUTES BETWEEN YOU AND LIVD WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. Notwithstanding any other provisions of the Agreement or this Arbitration Agreement, disputes regarding the validity, applicability, scope, revocability, or enforceability, of this waiver of class may only be resolved by a civil court of competent jurisdiction. If the waiver of class is determined to be unenforceable, the case must be litigated in a civil court of competent jurisdiction.
- Right to Waive: The party against whom the claim is asserted may waive any rights and limitations set forth in this Arbitration Agreement. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
- Survival: This Arbitration Agreement will survive termination of this Agreement and any termination of your relationship with LIVD.
- Severability: If any provision or part thereof of this Arbitration Agreement is held to be or becomes illegal, invalid, unenforceable, or non-binding, such provision shall be severed and the legality, validity, and enforceability of the other provisions in this Arbitration Agreement shall not be affected.
- Opt-out: You may opt out of this Arbitration Agreement. If you do so, neither you nor LIVD can force the other to arbitrate as a result of this Agreement. To opt out, (i) you must notify the Company in writing no later than thirty (30) calendar days after first becoming subject to this Arbitration Agreement, (ii) your notice must include your name and address, and the email address you used to set up your account, and (iii) a clear and unequivocal statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to email@example.com. Should you not opt-out of the Arbitration Agreement within the 30-day period, you and LIVD shall be bound by terms of this Arbitration Agreement in full. YOU SHOULD ASSUME THAT, IN THE FUTURE, CASES WILL BE FILED AGAINST THE COMPANY THAT ATTEMPT TO ASSERT CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIMS, WHICH IF SUCCESSFUL COULD RESULT IN SOME MONETARY RECOVERY TO YOU. HOWEVER, BY AGREEING TO THIS ARBITRATION AGREEMENT YOU ARE AGREEING THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF FOR SUCH CLAIMS IN ANY COURT ACTION OR CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. INSTEAD, YOU MAY BRING YOUR CLAIMS AGAINST LIVD IN AN INDIVIDUAL ARBITRATION PROCEEDING AND, IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONETARY OR OTHER RELIEF. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into with us in the future. You have the right to consult with counsel of your choice with respect to this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to opt-out of this Arbitration Agreement.
You agree that you will not use any technical, strategic, financial, or other proprietary information relating to LIVD’s business and operations for any purposes other than as contemplated in this Agreement. You also agree that you will not disclose or permit disclosure of any such information to third parties and that you will take all reasonable measures to protect the secrecy of such information and prevent it from falling into the public domain.
17) Relationship with LIVD
As an Artist on the LIVD Platform, you acknowledge and agree that you and LIVD are in a direct business relationship, which is solely that of independent contracting parties, and that you shall act as an independent contractor only. You and LIVD expressly acknowledge and agree that (i) this is not an employment agreement, (ii) no part of this Agreement or your interactions with LIVD create an employment or dependent contractor relationship, and (iii) no joint venture, partnership, or agency relationship between you and LIVD is created by this Agreement.
You agree that your authority shall be limited to as set out in this Agreement. You agree that you shall not make, and have no right or authority to make or enter into any contracts or agreements for or on behalf of LIVD. LIVD does not, and shall not be deemed to, control or direct your performance under this Agreement, specifically in relation to your provision of Services or your acts or omissions. You retain the sole right to choose (i) which beauty services you choose to provide (subject to the limitations of the LIVD Platform), (ii) the tools and equipment you choose to use (subject to reasonable expectations of cleanliness and hygiene), (iii) your pricing, (iv) where you offer your Services (subject to the limitations of the LIVD Platform), and (v) the days and hours you choose to work. You may also accept or decline any Consumer’s request for Services or to cancel an accepted request, subject to our then-current cancellation policies. You have no obligation to display our name, logo, or colours, or to wear any uniform or other clothing displaying our name, logo, or colours. You retain the right to engage in other business or employment activities.
This Agreement shall be governed by the laws of Ontario and the place of this Agreement is Toronto, Ontario. You agree that LIVD may assign or transfer these Terms in whole or in part, at our sole discretion without notice to you, except as required by law, including to a subsidiary or affiliate, an acquirer, or a successor. You may not assign or transfer these Terms, in whole or in part, without LIVD’s prior express written consent. You and LIVD expressly acknowledge and agree that (i) this is not an employment agreement, (ii) no part of this Agreement or your interactions with LIVD create an employment or dependent contractor relationship, and (iii) no joint venture, partnership, or agency relationship between you and LIVD is created by this Agreement.
If any provision or part thereof of this Agreement is held to be or becomes illegal, invalid, unenforceable, or non-binding, the legality, validity, and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid, unenforceable, or non-binding provision or part thereof with a provision or part thereof that is legal, valid, enforceable, or binding and that has, to the greatest extent possible, a similar effect as the illegal, invalid, unenforceable, or non-binding provision or part thereof, given the contents and purpose of this Agreement.
This Agreement constitutes the entire agreement and understanding between you and LIVD with respect to the subject matter hereof and replaces and supersedes all prior agreements or understandings regarding such subject matter. In this Agreement, the words “include,” “includes” and “including” mean “including, but not limited to.”
The parties have expressly requested that this Agreement and all documents, including notices, related to this Agreement be drafted in the English language. Les parties aux présentes ont expressément exigé que la présente convention, ainsi que tous documents, y compris avis, connexes soient rédigés en anglais.