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MindBeauty Partner / Merchant

Terms and Agreement

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  1. MindBeauty Co Ltd reserves the right at any time to change, modify, add or replace any terms and conditions at any time and notify the Merchant of the amendment in writing one month in advance.
  2. Agreement Period
    1. This Agreement shall enter into force on the Effective Date and the Merchant shall have the right to use the services provided by the MindBeauty Co Ltd under the Agreement.
    2. During the term of this Agreement, the Merchant undertakes not to participate directly or indirectly in any agreement or arrangement or transaction by any company or individual or company or organisation to provide or develop mobile app services similar to MindBeauty Co Ltd and/or MindBeauty Application Platform and all related products.
  3. Terminate The Agreement
    Either party might terminate this Agreement with the other party at least 3 (three) months of the written notice period. MindBeauty Co Ltd might terminate this Agreement immediately by notice in writing of the following situations:

    1. MindBeauty Co Ltd suspect that the Merchant did not provide the services listed in the information; or
    2. The Merchant faces a stage of liquidation or bankruptcy filing, petition, suit or order of bankruptcy during the term of this Agreement; or
    3. The Merchant transfers the interests of its creditors; or
    4. In reasonable circumstances, MindBeauty Co Ltd considers or suspects that the Merchant breaches any of the obligations under this Agreement; or
    5. MindBeauty Co Ltd will refer the Client’s complaint to the Merchant, and the Merchant shall make a constructive response or proceed within five days. MindBeauty Co Ltd might terminate this Agreement immediately upon notice in writing if the Merchant has failed to respond within a specified period of time five times or more, or requests that do not comply with MindBeauty Co Ltd.
  4. Payment
    1. The Merchant understands and agrees and shall induce to process the payment of all course price (in cash or other forms of payment accepted by MindBeauty Co Ltd, including and not limited to coupons). Customer’s payment of the course booked through the MindBeauty application platform should be paid directly to MindBeauty Co Ltd by the customer. The Merchant acknowledges and agrees that MindBeauty Co Ltd has the right of reservation or the Merchant’s obligation to pay and pay the service costs and handling fees to the Merchant in accordance with this Agreement. In order to avoid doubt, in any case, if the customer subscribes to the MindBeauty application platform and the relevant payment is not paid directly to MindBeauty Co Ltd businessmen understand and agree immediately, should
      • i) Notify MindBeauty Co Ltd of the payment; and
      • ii) Pay appropriate service and handling charges to MindBeauty Co Ltd
    2. MindBeauty Co Ltd shall pay to the Merchant, subject to the terms of the Merchant (especially Clause 7.1)
      • i) After receipt of all customer’s payment, the deducting the appropriate service charge and handling costs and the balance provided by MindBeauty Co Ltd under this provision in accordance with the provisions set out in this Agreement; and
      • ii) Discounted by MindBeauty Co Ltd to Customer by MindBeauty Co Ltd (if applicable).
    3. Payment made to the Merchant will be made on the last working day of each two weeks (Friday), which is calculated by the customer’s receipt of the payment received in the last two weeks.
  5. Refunds
    1. MindBeauty Co Ltd is not responsible for receiving the following complaints and disputes regarding the business and the customer
      • i) Merchant cannot provide any part or all of the services or care;
      • ii) Inaccurate, incorrect or overbooking caused by a Merchant that cannot provide alternative services or care; or
      • iii) Customer is not satisfied with the services provided by the Merchant;
      • iv) Merchants forcing or applying pressure or coercion to induce consumers or customers to purchase additional services that do not fall within the scope of services provided in the Materials;
      • v) MindBeauty Co Ltd reserves the right to refund all or any part of its payment to the Client at its sole discretion.
    2. The Merchant shall not be objected to any liability for any refund due to Clause 7.1 and/or the resulting refund. MindBeauty Co Ltd will not be liable for any refund. The Merchant agrees that payment or otherwise be paid to MindBeauty Co Ltd for equal payment and to provide compensation, cancellation or other payment to MindBeauty Co Ltd to Customer pursuant to Clause 7.1. In addition, the Merchant agrees to pay to MindBeauty Co Ltd any costs incurred by MindBeauty Co Ltd under Section 7.1 (including any administrative and administrative expenses). MindBeauty Co Ltd reserves the right to deduct the above payment from any amount payable to the Merchant, and the Merchant is responsible for repaying the remaining balance of the refund of the employee to MindBeauty Co Ltd within five (5) business days.
    3. Any refunds made to the Client by the Merchants who have completed the Refund or Merchant’s consent under Section 5.1, or/and has completed the additional amount in Section 5.2. Merchants shall pay the fees and processing fees listed in MindBeauty Co Ltd as part of this Agreement. And MindBeauty Co Ltd reserves the right to pursue liability for loss of liability.
    4. business customers to make any things or commitments or refunds, businesses should bear full responsibility. MindBeauty Co Ltd shall not be liable for such refund, but shall be entitled to receive the costs and handling fees specified in this Agreement, even if the Merchant has agreed or has refunded any money to the Client.
  6. Information
    1. Under this Agreement, the Merchant must ensure the truth and accuracy of all information, message and photographs (collectively referred to as the information) that is provided to the MindBeauty Application Platform and related products. MindBeauty Co Ltd reserves the right to modify or delete all or part of the business information, information and photographs of MindBeauty Co Ltd in relation to any information regarding defamation, obscenity, serious misconduct or violation of any law or advertising business code, without notice to the Merchant.
    2. MindBeauty Co Ltd might, at its discretion, change the direction or location of the information posted by the Merchant at the MindBeauty application platform without prior notice to the Merchant.
    3. The Merchant shall be responsible and liable for all “information” that is published on the MindBeauty application platform. The Merchant must ensure that the “information” complies with the laws, regulations and rules applicable to the Hong Kong Special Administrative Region (“Hong Kong”).
    4. The Merchants shall, in any event, be liable for all legal and liability for any misleading, misrepresented, misrepresented or erroneous information that is marked on this Agreement and/or the following Clauses 6.5 and 6.6 for the purpose of unpacking its information. The Merchant agrees to indemnify and hold any damages for the loss of MindBeauty as aforesaid. MindBeauty Co Ltd will not be liable for any business loss (such as incorrect data, costs, prices, or overbooking, and so on) due to the failure of the Merchant to update any of the application platforms provided by the MindBeauty Application Platform, Website or MindBeauty Co Ltd and its related products.
    5. The Client hereby agrees that the Client who has chosen to select a Merchant Service or Merchandise via the MindBeauty Application Platform shall be deemed to be the information provided by the MindBeauty Application Platform, including but not limited to e-mail, Customer Name, Care Services and Payment Book time and amount to process each order. MindBeauty Co Ltd will not be liable for any loss or damage arising from the failure of the Merchant to update its e-mail address.
    6. The Merchant undertakes and indicates that the copyright, brand or logo mentioned in any information is entitled to use rights and has been duly authorized for use. MindBeauty Co Ltd is not responsible for any loss or damage caused by the Merchant’s false or without any unauthorized or infringing of any copyright, brand or mark.
  7. Promotional Activities
    1. Merchant hereby authorizes MindBeauty Co Ltd to promote business services through the proper use of Merchant names for online marketing (including but not limited to e-mail marketing or online advertising in websites or mobile apps). MindBeauty Co Ltd may, at MindBeauty Co Ltd, decide on any advertising campaign without having to give any notice to the Merchant.
    2. The Merchant hereby confirms and agrees to provide 10% discount or more (“Merchant discretion”) to Customer at the MindBeauty Application Platform for booking services or treatment at the request of MindBeauty Co Ltd. The Merchant also understands and agrees that MindBeauty Co Ltd may, at its sole discretion and at its own expense, provide any additional discount (“MindBeauty Discount”) to Customer in addition to the Merchant’s discretionary discount.
  8. Fees
    1. Processing Fees: The Merchant understands and agrees to pay “Processing Fees” to MindBeauty Co Ltd for all services booked by Customer through the MindBeauty Application Platform, which is equivalent to 18.5% of the scheduled price of the course (applicable to any custom discount As defined in Section 7.2), or any agreed percentage between both parties.
  9. Other matters
    1. The Merchant understands and agrees that the MindBeauty Application Platform is protected by copyright, trademarks and other laws of Hong Kong. The Merchant acknowledges and agrees that the MindBeauty Application Platform (including all related intellectual property rights) is the exclusive property of MindBeauty Co Ltd and/or its affiliates. The Merchant agrees not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notice into the MindBeauty Application Platform. The Merchant further understands and agrees that, except, in any case, the Merchant may not implicit or otherwise grant any intellectual property rights owned or controlled by MindBeauty Co Ltd and/or its affiliates, except as expressly granted by this Agreement, The permission or authorization.
    2. Merchant Commitment At the request of MindBeauty Co Ltd, any mark and/or information provided by MindBeauty Co Ltd is displayed in a conspicuous position on the business site. MindBeauty Co Ltd hereby grants the Merchant the right to use the MindBeauty Co Ltd logo only for the purpose of promoting the services provided by the MindBeauty Application Platform within the term of this Agreement. This right is separate for Merchants and is not transferable under any circumstances.
    3. Merchant’s commitment to the price stated in the information or the price listed on the “Platform” is the “lowest price guarantee” provided to the customer’s treatment service. MindBeauty stated that the same course of treatment price should not be higher than the Merchant, regardless of the advertised/published price in any form of media. If the customer discovers or complains to MindBeauty Co Ltd, the customer has the same course of treatment (in any form) provided by the customer during or during the appointment period, but at a lower price, MindBeauty Co Ltd has the right to provide the difference in the price of the same course of treatment, Refunded MindBeauty Co Ltd to receive the difference from the customer to the customer. The Merchant has no right to request a refund to Customer from MindBeauty Co Ltd.
    4. The customer data and personal data provided by MindBeauty Co Ltd can only be used to provide a service for the customer. The Merchant shall ensure compliance with the requirements set out in the Personal Data (Privacy) Ordinance and all obligations under this Agreement.
    5. Not authorized by MindBeauty Co Ltd, the Merchant cannot reproduce, use, modify, produce derivative products, reverse engineer, issue, sell, license, transfer, publicly display, transmit, broadcast, interfere with, damage and otherwise use or use any MindBeauty content.
    6. MindBeauty Co Ltd will endeavour to ensure that MindBeauty’s website and its software operate as usual. But for the purpose of repair, maintenance or development, it is necessary to temporarily shut down or temporarily suspend any or all MindBeauty its website or its software operation. In addition, if you enter the MindBeauty website, or if you enter any MindBeauty Co Ltd website or its software, it may be subject to interference beyond MindBeauty Co Ltd’s control. Any liability, omission, defect, suspension, interruption or delay in operation, delay in transmission or other services not in any or all MindBeauty, MindBeauty Co Ltd shall not be liable (as permitted by law). MindBeauty Co Ltd will not make any representations or warranties with respect to MindBeauty’s website and its software to operate “as is” and “usable”.
    7. All the agreements contained in this Agreement supersede any prior or any written agreement between the parties. The parties agree that the terms and conditions of this Agreement will be governed by the laws of Hong Kong and both parties shall have exclusive jurisdiction of the courts of Hong Kong in the event of any dispute.
    8. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that clause shall be discharged from this Agreement, the remainder of this Agreement shall not be affected and shall remain in force.
    9. In addition to the terms and conditions of this Agreement, the Merchant shall indemnify MindBeauty Co Ltd (and its directors, officers, officers, officers, officers, officers, officers and supervisors) in respect of the relevant claims, liabilities, judgments, losses, litigation or claims and expenses arising from any dispute or damage, Agents, representatives and employees):
      • i) Customer (or any representative of the Client or Client);
      • ii) Related disputes relating to products and services, including the provision or publication by the Merchant of the course of treatment or information (or any other goods or services that are actually or allegedly provided by the Merchant or connected to the business) within MindBeauty; or
      • iii) Any claim for infringement of intellectual property (including any patent, copyright, design or trademark); or If a third party claims to be infringing intellectual property rights, MindBeauty Co Ltd reserves the right to disclose the name and information of the Merchant to any third party without prior notice.
    10. None of the terms or conditions of any of the terms and conditions of this Agreement shall be deemed to be a waiver of the fulfilment of all the terms and conditions of this Agreement, whether at any time or without delay in the execution or delay of the execution of this Agreement.
    11. MindBeauty Co Ltd may deliver any or all of the MindBeauty platforms or some or all of its services to affiliated companies or affiliates or third parties. But the Merchant is not entitled to transfer any part of this Agreement to a third party.
    12. Both parties hereby declare that the service and the MindBeauty app platform contain confidential and highly sensitive materials. The parties agree to strictly keep any such material and other business sensitive and confidential information (including the terms of this Agreement) and to adopt appropriate protective measures, but shall not be less than normal reasonable care to protect their information against unauthorized Disclosure and use of confidential information.
    13. Upon signing this Agreement, the parties acknowledge, understand and agree to the terms of this Agreement as provided for in this Agreement. MindBeauty Co Ltd reserves the right to retain all rights in relation to the breach of this Agreement.
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