Billu Salon App is an online platform engaged in the business of providing Salon-at-Home and At-Salon services (collectively referred to as the “Services”), and is owned and operated by Billu Personal Care Private Limited, a company incorporated under the Companies Act 2013, vide CIN U93000RJ2019PTC066995 and having its registered office at G-267 EPIP, Sitapura Industrial Area, Jaipur, Rajasthan, India, 302002 (hereinafter referred to as the “Company”, “we”, “us”, “our”, “ourselves”).
These Terms and Conditions (“T&Cs”) contain the complete terms and conditions that apply to a User, Client, and Visitor on the Platform, and govern their access to and use of the Services (as defined below). However, it is made clear that some of the Services may require the User/ Client/ Visitor to agree to additional terms and conditions. Unless otherwise provided, those additional terms shall be deemed to be incorporated into these T&Cs.
Understanding the T&Cs contained herein is important because, by using the Services on the Platform, the User/Customer/Visitor agrees to these terms, in their entirety.
These T&Cs, along with the Privacy Policy (“Terms”), together constitute a legal and binding agreement between you (“User”, “Client”, “Visitor”, “you”, “your”, “yourself”) and the Company, which shall comprise the terms under which you shall be permitted to use the Company’s website and mobile application (together referred to as the “Platform”).
PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING TO USE THE PLATFORM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES PROVIDED BY THE PLATFORM.
The Company reserves the right to change or modify these Terms at any time, at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Platform. By impliedly or expressly accepting these Terms, or through continuous use of the Services and/or the Platform, you accept and agree to be bound by any amendments, updates, and modifications to the Terms, as may be amended, updated, and modified from time to time.
This document is an electronic record in terms of the Information Technology Act, 2000 (as amended from time to time), the rules framed thereunder, and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is being published on the Platform in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011.
The T&Cs governing your use of the Platform as well as availing our Services are set forth below:
- DEFINITIONS
Unless repugnant to the context, the terms used in these T&Cs have the following meaning:
- “Account” means the account created by a User on the Platform at the time of registration.
- “Affiliate” in relation to the Company, shall mean and include any entity that directly or indirectly Controls, is Controlled by, or is under common Control with the Company, but only for so long as the control exists. The term “Control” for the purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests.
- “Appointment Slot” shall mean a specific time and date allocated to the User, contingent upon the Service Provider’s availability and the User’s selection during the Booking process on the Platform, for the provision of Services by the Service Provider.
- “Booking” shall mean an accepted and confirmed reservation of an Appointment Slot accepted by the User for availing of the Services through the Platform, specifying the Booking Details, and the OTP for verification of the Services.
- “Booking Detail(s)” shall mean the details relating to the Booking, including without limitation, the description of Services, details of the Service Provider, date of Booking, total amount payable by the Client, Appointment Slot, mode of payment, location at which the Services will be provided− i.e., at the Client’s designated location, or at the location of the Salon selected by the Client, etc.
- “Booking Fee” shall mean the nominal amount paid by the Client for securing the Booking through the Platform. This fee covers the reservation of the Appointment Slot and ensures the availability of the requested Services at the designated time and location accepted by the Client.
- “Booking Request” shall mean the request made by the User to schedule a timeslot to avail the Services of the Service Professionals through our Platform.
- “Client” shall mean and include any User that makes any successful Booking through the Platform, for availing the Services, and has paid a nominal Booking Fee to secure the Booking.
- “Convenience Fee” shall mean the fee charged to the account of the Client, and paid to the Service Professional for the convenience of booking the Appointment Slot for availing the Services through the Platform. This fee compensates the Service Professional for their time, effort, and resources involved in providing Services, whether at the Client’s desired location (Salon-At-Home services) or at the designated salon premises (At-Salon services), thus ensuring convenience for the Client. The Convenience Fee may vary depending on factors such as the nature of the Service, location, and additional services requested/booked by the Client.
- “Force Majeure Event” includes any act, event, happening, non-happening, omission or accident beyond the reasonable control of the Company and includes, without limitation, any natural disasters (earthquakes, floods, storm), adverse weather or climatic conditions, fire, explosion, accidents, epidemics, pandemics, quarantine restrictions, lockdowns, strikes, lock-outs, or other industrial action; invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or any other act of public enmity, block of passage, revolution, riots, civil commotion, hostility, sabotage, political upheaval; any business compulsion or shutdown/breakdown of the Platform, site maintenance, break-down of machinery/device/ equipment/tool, impossibility of the use of public or private telecommunications networks or internet services, infrastructure failure, network failure or internet or network non-availability, disruption of normal working conditions; any acts, decrees, legislation, regulations, or restrictions of any government, as may be applicable; or any other causes or conditions beyond the control of the Company, whether directly due to or in consequence of the aforesaid causes and the existence of such causes or consequences.
- “Personal Data” shall have the same meaning as ascribed to the term “Sensitive Personal Data or Information” under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (as amended from time to time), and under the Privacy Policy of the Company.
- “Platform Fee” shall mean the fee charged and retained by the Company for facilitating the Booking process and providing access to the Platform’s services. It covers the operational costs associated with maintaining the Platform, including but not limited to, website maintenance, customer support, and Platform development.
- “Services” shall collectively refer to include both, the Salon-At-Home and At-Salon services offered by the Service Professionals as listed on the Platform, and shall include services such as hairstyling, haircut, facials and clean-ups, pedicures, manicures, threading, waxing, and other beauty treatments.
- “Service Professionals”/ “Service Providers” shall mean the individual professionals engaged by the Company for rendering Services to the Clients.
- “Service Fee” shall mean and include the total fee payable by the Client for availing the Services of the Service Professional through the Platform, and shall be inclusive of applicable taxes such as GST or any other indirect taxes or any tax analogous to the said indirect tax, the Platform Fee, and Convenience Fee. Additionally, the Service Fee may include a Transaction Fee, depending on whether the payment is prepaid or postpaid.
- “Transaction Fee” shall mean the costs associated with processing and transferring payments from the Client to the Service Professional securely and efficiently.
- “User” means any individual who has registered on, and has an Account on, the Platform.
- “Visitor” means any individual who is not a User, and is solely visiting the Platform or opening the Platform in its browser and closing it, without availing any Services, or without making any Booking for the Services on the Platform.
- ACCEPTANCE OF TERMS
- The Visitor, User, and/or Client is deemed to have read, understood and accepted the T&Cs, in its entirety, as well as the Privacy Policy available on the Platform if the Visitor, User, and/or Client—
- uses the Platform or avails the Services provided through the Platform in any way; and/or
- browses the Platform.
- The Visitor, User, and/or Client acknowledges that BY ACCESSING AND USING THE PLATFORM, THE VISITOR, USER, AND/OR CLIENT AGREES TO BE BOUND BY THE T&CS CONTAINED HEREIN. IN THE EVENT, THE VISITOR, USER, AND/OR CLIENT DOES NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN, IT SHALL NOT ACCESS THE PLATFORM OR AVAIL OF THE SERVICES.
- The T&Cs help define and establish a relationship between the Company and the Visitor, User, and/or Client, whereby the Visitor, User, and/or Client shall act in the capacity of a Service recipient.
- The terms and conditions contained herein expressly supersede all prior agreements or arrangements between the Company and the Visitor, User, and/or Client.
- The Visitor, User, and/or Client understands that the access to the Platform and the offer of Services is conditional upon the Visitor, User, and/or Client’s irrevocable consent and acceptance of all the terms, conditions, and obligations contained in these T&Cs (as may be amended from time to time). For utilizing the Services, the Client agrees to enter into or execute any document, agreement, or terms and conditions which are required by the Company and agrees to abide by such document or agreement or terms and conditions while utilizing the Services on the Platform.
- By accessing the Platform, the Visitor, User, and/or Client hereby agrees to receive communication from the Company, regarding registration on the Platform or Platform Services, including but not limited to, any promotional, marketing, transactional messages, through email and/or SMS and/or any other electronic medium, including third-party channels such as WhatsApp, as approved by the Visitor, User, and/or Client.
- The Client represents that it is lawfully, without any disability or restriction, able to enter into contracts.
- The Client acknowledges and agrees that it is solely responsible for its data uploaded to or transmitted through the Platform as well as the consequences of uploading or transmitting its data onto or through the Platform.
- The Client acknowledges, represents, and warrants that with respect to any data uploaded to, posted on, or transmitted through the Platform that:
- it has all necessary licenses, rights, consents, and permissions to upload, transmit, or publish such data and that it grants the Company, express, irrevocable license and authorization to use such data for the Services; and
- any use by the Company of the data uploaded, transmitted, or published by it on the Platform will not constitute infringement of any of your rights and/or any third party’s rights, over such data posted or transmitted through the Platform.
- The Client agrees and acknowledges that it is solely responsible to the Company for any breach of its obligations, representations, and warranties under these T&Cs and for the consequences of any such breach, including any loss or damage which the Company may incur, whether directly or incidentally, due to any such breach.
- CONDITIONS FOR USE
- You must be at least 18 years of age or higher, in order to access, register, and use the Platform. By accessing, registering, and using the Platform, you warrant that you are 18 years of age or above, and are competent to contract in the manner set forth in Section 11 of the Indian Contract Act 1872, and hence you have the right, authority and capacity to use the Platform, and you therefore agree to abide by the Agreement.
- You acknowledge that the Company does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required eligibility. The Company will not be responsible for any consequences that may arise due to misuse of the Platform, by any person including a minor, registering, and using the Platform. Through your use of the Platform and its features, you warrant that the data provided by you, including your name, date of birth, and age is accurate and complete.
- Notwithstanding the above, we reserve the right to suspend your Account and/or refuse to provide you with access to the Platform if it is discovered that you are under the age of 18 years.
- Parental Supervision and Consent for Minors: If you are under the age of 18 years, you may only access and use the Platform under the supervision and with the explicit consent of a parent or legal guardian. By accessing, registering, and using the Platform as a minor, you warrant that you have obtained the necessary consent from your parent or legal guardian. Additionally, your parent or legal guardian must oversee and take responsibility for any Bookings made and payments processed through the Platform on your behalf. The Company shall not be liable for any actions or consequences arising from the use of the Platform by minors without proper parental supervision and consent. It is the responsibility of parents or legal guardians to ensure that minors use the Platform in accordance with applicable laws and regulations, and the Company shall not be held responsible for any misuse of the Platform by minors.
- OUR SERVICES
Through our Platform, we specialize in offering both, ‘Salon-at-Home’ and ‘At-Salon’ services. Whether you prefer the convenience of your own home or the atmosphere of our partnered salons, our professional stylists and beauty experts are dedicated to providing top-quality service tailored to your needs. Our Services include:
- Haircuts, styling, coloring, and treatments.
- Manicures and pedicures.
- Makeup application and beauty consultations.
- Waxing and threading.
- Facials, clean-ups, and other beauty/skincare treatments.
- Special occasion styling for events and celebrations.
We are dedicated to providing convenient, high-quality salon experiences tailored to your preferences. Whether you opt for our ‘Salon-at-Home’ service or prefer visiting our partnered salons, our goal remains the same: ensuring you look and feel your best, with the utmost convenience and comfort. With booking at your fingertips, you can now easily schedule your appointment at the time that suits you the best, subject to availability and our Service Professional’s schedule.
- CONDITIONS FOR SERVICES AND THE BOOKING PROCESS
In order to avail the Services listed on the Platform, you shall be required to fulfill the following conditions:
- CREATION OF ACCOUNT ON THE PLATFORM
- Registration on the Platform: In order to access and use our Services and to make a Booking Request, you must first download and install the Billu Salon App, and proceed to create your Account. For creation of the Account, you will be prompted to provide your mobile number, which will serve as your username. An OTP will be generated and sent to your mobile number for verification. Once verified, you will be required to provide one-time basic identification information, including your full name, email address, age bracket, and gender (Male/Female/Others). Each time you wish to use our App, you will be prompted to provide your mobile number, and receive a new OTP for authentication purposes.
- Verification of email address in Profile section: After providing your email address during the registration process, for verification purposes, you will need to navigate to the Profile section and click on ‘Verify your email address’. Subsequently, an OTP will be sent to the provided email address. This OTP will remain valid for 10 minutes. Upon successfully submitting the OTP, the verification process will be completed, and you will become eligible to make Booking Requests for availing the Services.
- Conditions for Account Creation and Use
- The User hereby agrees to provide accurate and complete information for the purpose of Registration on the Platform. The Company shall not be responsible for verifying the accuracy and completeness of any such information. The User agrees and acknowledges that the onus of ensuring the completeness and accuracy of such information shall, at all times, lie with the User.
- The Company reserves the right to reject the request for creation of the Account, at its sole discretion, if the data or information submitted appears to be incomplete, incorrect, or inaccurate.
- The User agrees, undertakes, and declares that it has made its assessment of the Platform and has determined that it is fit for its purposes. The User will be using the Platform at its own risk, irrespective of the capacity in which it uses the Platform and it is expressly clarified that the Company shall owe no fiduciary or other duty or obligation to the User other than as expressly agreed in writing by the Company under the Terms.
- The User agrees and acknowledges that any transactions entered into through the Platform shall be at the sole discretion of the User, and that the Company shall not be liable for the same.
- Upon creation of the Account, the Company grants the User a non-exclusive, limited privilege to access and use the Platform, subject to compliance with the T&Cs. The Account created by you for use of the Platform shall be non-transferable and its use is restricted only to you, and no other person.
- You are solely responsible for your Account and any data therein, and must ensure that your mobile device, used for receiving OTPs, is secure at all times. You shall not share, sell, transfer, or otherwise provide access to your Account to any other person without your authorization. You undertake that upon becoming aware of any unauthorized access to your Account, you shall promptly notify the Company of such unauthorized use or access at [email protected]. You agree and acknowledge that you will be solely responsible for any failure to notify the Company regarding any such unauthorized use of your Account, as well as for any losses/damages resulting from such unauthorized use, and that the Company shall bear no responsibility or liability, whatsoever, for the same.
- To maintain control over the Account and to prevent anyone from accessing the Account (which would include information on viewing history for the Account), the Account owner should maintain control over the devices that are used to access the Service and not reveal the OTP or details of the Payment Method associated with the Account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. We can terminate your Account or place your Account on hold in order to protect you, the Company, the Service Professionals and/or our partners from identity theft or other fraudulent activity. You agree that the person who created the Account on our Platform and whose Payment Method is charged is responsible for any activity that occurs through the Account.
- The User Account shall display the following details:
- Updated Profile- The User may edit their information at any time, by submitting a valid reason and the documentation in support thereof, if any;
- Wallet and the available balance- The Wallet will have the Cash balance which shall be used by the User solely for the purpose of booking a Service listed on the Platform, and no other purpose. The User can, at all times, check their current wallet balance by clicking on the “Wallet” button;
- Billu Cash Points, if any- The Company may, in its sole discretion, offer promotional codes on Billu Salon App that may be redeemed for credits, other features or benefits related to the Services, subject to any additional terms that may apply on a promotional code (“Billu Cash Points”);
- Booking history;
- Active Bookings, including the details and description of the Services, Payment made, Payment pending, if any, the status of the Services/Bookings, Service Professionals tracking details, etc.
- The User agrees that its usage of the Platform and viewing various Services and products listed on the Platform shall not, in any manner, imply, suggest, or constitute any sponsorship, recommendation, opinion, advice (whether legal or otherwise), or approval of any brand, brand owner, or IP owner, in favor of such Products, or of the Service Professional with respect to the Services. Furthermore, the brand, brand owner, or IP owner does not provide any warranty regarding the quality and genuineness of the products, consumables and equipment used by the Service Professionals to render the Services, and of the quality of the Services rendered by each Service Professionals. The User agrees that the Company is only an online aggregator for the Services, and the Service Professionals shall be fully and completely responsible for the quality of the Services rendered, and the products, consumables and equipment used by the Service Professional to render the Services, save and except in cases where the products, consumables, tools and equipment are provided by the Client wherein it shall be the sole responsibility of the Client.
- The use of the Platform is only for the purposes permitted by:
- the T&Cs contained herein; and
- any Applicable Law, rules, regulations, or generally accepted practices or guidelines and the same shall not be for any illegal purpose or any other purpose which is expressly or impliedly barred by any applicable law, statute, ordinance or regulation in force from time to time.
- You can follow the steps below to book the Services through our Platform:
- For ‘At-Salon’ services, select your preferred Salon from the available options, and choose the Services you wish to avail.
- For ‘Salon-At-Home’ Services, directly search for the category of the Service you are looking for. Open the category and select the Services you wish to avail.
- Review the details of the selected Services, including pricing and availability.
- Choose a preferred date and time for your appointment.
- Provide your contact information, including email address and mobile number, for OTP verification.
- Confirm your Booking Details and proceed to the payment section:
- For prepaid orders, pay the Service Fee upfront, which shall be inclusive of the nominal Booking Fee.
- For post-pay options, proceed to complete the booking merely by paying a nominal Booking Fee. The Service Fee, as reflected on the Account at the time of Booking, shall be paid after the Services are completed.
- Complete the payment process to secure your booking.
- Once you have booked a Service, the Company shall assign the Service Professional to you within 2 (“Two”) hours from the receipt of your Booking Request, if such request is made during regular working hours. If the booking request is made after working hours, the Company will assign the Service Professional on the following working day. The Service Professional shall be assigned subject to various factors such as their availability, the nature of the Service requested, their expertise, and the proximity of your location. The Company reserves the right to substitute and assign a new Service Professional in case of unforeseen circumstances or if the initially assigned professional becomes unavailable, provided that the substitution is available and accepted by the Customer.
- Upon successful Booking, you will receive a confirmation message with the details of your appointment on your registered email address and mobile number.
- The assigned Service Professional will arrive at the specified address at the scheduled time and provide the requested Services, whether it be at your home for ‘Salon-At-Home’ services or at the chosen salon for ‘At-Salon’ services.
- Re-Booking the Preferred Service Professional
- If you have already availed the Services of the Service Professional through our Platform, you will have the option to re-book the same Service Professional for future appointments in the following manner:
- Add the desired Services in your cart as per the process specified under Clause 5.2.1.(i) to (v) above.
- Select the preferred professional and/or Salon, as applicable, from the list of professionals and Salon, for the particular Service. In case you do not want the same Service Professional, you will have the option to request for a new Service Professional as well.
- Proceed with requesting the Booking.
- Once you have booked a Service, the Company shall assign the preferred Service Professional within 2 hours of the receipt of your Booking Request, if such request is made during regular working hours. If the booking request is made after working hours, the Company will assign the Service Professional on the following working day. The preferred Service Professional shall be assigned subject to their availability, the requested Appointment Slot, and the proximity of your location. If the slot of your preferred Service Professional is not available, please proceed with placing the Booking Request, and the Company will try to assign you the best available Service Professional within 2 hours of the receipt of your Booking Request, if such request is made during regular working hours. If the booking request is made after working hours, the Company will assign the Service Professional on the following working day. Please be assured that all our Service Professionals are trained to deliver a high-quality experience.
- Upon successful Booking, you will receive a confirmation message with the details of your appointment on your registered email address and mobile number.
- The assigned Service Professional will arrive at the specified address at the scheduled time and provide the requested Services, whether it be at your home for ‘Salon-At-Home’ services or at the chosen salon for ‘At-Salon’ services.
- Substitution: In case of the unavailability of, or cancellation by the assigned Service Professional, due to any reason whatsoever, the Company will offer you a substitute of the Service Professional from among our registered Service Professionals, provided that the substitution is available and accepted by the Customer.
- PRICING, SERVICE FEES AND OTHER PAYMENT TERMS
- Pricing: The Company adheres to a transparent pricing policy, and the prices displayed on the Platform alongside each of the listed Services reflect the true cost of such Services. The Company reserves the right to modify the pricing of the Services offered through the Platform, at its sole discretion. However, any changes in the pricing will not affect confirmed bookings made before the revised pricing is published on the Platform.
- Payment of Service Fee and Transaction Fee: In lieu of the Services availed by you through the Platform, you agree to pay the Service Fee to the Company, as notified to you at the time of Booking. Payment of Service Fee for ‘Salon-At-Home’ services shall be prepaid. Payment of Service Fee for ‘At-Salon’ services can be made either as prepaid or postpaid, as per your preference and the options provided by the Company:
- For prepaid payments, you agree to pay the Service Fee (inclusive of the Transaction Fee) using the designated payment methods facilitated by the Company, which may include but are not limited to, credit cards, debit cards, net banking, wallets (such as Google Pay), UPI (Unified Payments Interface), and other third-party payment processors approved by the Company (collectively, “Payment Processors”). It is important to note that the Service Fee is payable to Service Professionals, and the Company merely acts as a limited collection agent on their behalf to collect and transfer the amounts due to them.
- For postpaid payments, you agree to pay the Service Fee (exclusive of the Transaction Fee) directly to the Service Professional, upon completion of the booked Services, using the designated payment methods. The Company may facilitate payment by generating a QR Code reflecting the requisite amount for the Client to scan and make the payment electronically. Alternatively, the Client may opt to pay the Service Fee in cash directly to the Service Professional. Please note that the Transaction Fee may not be applicable in postpaid scenarios where the Client pays the Service Professional directly, as the Company is not involved in processing this payment. However, the specific terms and conditions regarding fees and charges may vary based on the Company’s policies and agreements with Service Professionals. Such terms and conditions shall be applicable and notified to the Client at the time of Booking, especially when selecting the ‘Cash upon completion of services’ option.
- The Company reserves the right to modify the Service Fee, at its sole discretion. However, any changes in Service Fees will not affect confirmed bookings made before the revised Service Fees are published on the Platform.
- You acknowledge and agree that the Service Fees may substantially increase in certain geographical areas during periods of high demand. The Company will make reasonable efforts to inform you of applicable Service Fees. However, by using the Platform, you are responsible for the payment of the Service Fees incurred under your Account, regardless of your awareness of such Service Fees, or any other charges.
- The Company also reserves the right to:
- modify and limit the modes of payment available to you based on various factors including but not limited to, the type of Service, location, and availability of payment methods. Please note that certain payment methods, such as cash upon completion, may not always be available.
- modify, add, or remove payment methods available on the Platform, at its sole discretion. Any changes to the accepted payment methods will be communicated to you through the Platform or other means deemed appropriate by the Company.
- You understand and agree that certain payment methods may incur additional fees or charges imposed by third-party Payment Processors or financial institutions. These fees or charges are beyond the control of the Company and will be borne by you.
- By choosing to make payments through third-party Payment Processors, you acknowledge and agree to abide by their respective terms and conditions. The Company shall not be liable for any errors, disputes, or issues arising from the use of third-party Payment Processors, or for any errors made by the Payment Processor. It is your responsibility to ensure the accuracy and security of your payment information when using these services. In case of an unsuccessful payment, the debited amount will be credited in accordance with the Payment Processor’s terms.
- The Company reserves the right to suspend or terminate your access to the Platform in case of any suspected fraudulent activities or violation of payment terms and conditions. Such actions will be taken at the sole discretion of the Company, without prejudice to any other rights or remedies available to the Company under applicable laws or agreements.
- Subscriptions: The Company may offer subscription packages for a fee, providing Customers with additional benefits, including discounted Services. Subscription packages are subject to additional terms and conditions, which are considered an integral part of these Terms.
- The Company does not designate any portion of your payment as a tip or gratuity to the Service Professional. Any representation by the Company that tipping is “voluntary”, “not required”, or “included” in the payments for Services does not imply additional payments to Service Professionals by the Company. You have the right (but not an obligation) to provide additional payment as a gratuity to any Service Professional, as you deem appropriate. Gratuity is voluntary payment, hence, the Company will not be liable for the said payment.
- CANCELLATION OF BOOKING AND REFUND
- Cancellation of Booking by User: The User shall have the right to cancel the Bookings at any time prior to the scheduled Booking. We shall be entitled to charge cancellation fees as follows:
- If cancelled any time but not later than 2 hours prior to the scheduled Booking, no cancellation fee will be charged.
- If cancelled after 2 hours but prior to 1 hour of booking, then x% of Booking Fee shall be deducted, and the remaining amount will be refunded to the User.
- If cancelled within 1 hour of the booking, the full Booking Fee may be charged, and no refund will be provided.
- Refund of Service Fee, in case of Cancellation of Prepaid Orders: In case of Cancellation of Booking at any time before the arrival of the Service Professional at the designated address/location, the Company shall process a full refund of the Service Fee paid by the Client through the Platform. The said refund shall be reflected within the source account from which the payment is made, within 7 (“Seven”) working days from the date of cancellation. The Company reserves the right to charge you or deduct applicable taxes, if any, payable on such Service Fees.
- SAFETY OF CLIENTS AND SERVICE PROFESSIONALS
- At Billu Salon App, the safety of our Clients and the Service Professionals is of utmost priority and is taken extremely seriously:
- Safety of Client: To ensure Client safety, the Company conducts background verification on all the Service Professionals before onboarding them onto the Platform for rendering Services. In the unlikely event of any emergency or critical situation, an SOS button is available on our Platform for Clients to seek immediate assistance and support.
- Safety of the Service Professionals: Client Conduct
- The Company strictly prohibits discrimination against Service Professionals, including but not limited to, discrimination based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under Applicable Law. Such discrimination includes, without limitation, any refusal to accept Services based on any of these characteristics.
- Clients are expected to treat all Service Professionals with courtesy and respect, providing them with a safe, clean, and appropriate location to perform the Services. Service Professionals reserve the right to refuse to perform the Services if the Client fails to provide such a location or behaves towards them in a discourteous, disrespectful, abusive, or otherwise inappropriate manner. The Company reserves the right to withhold access to the Services and limit the Client’s access at its absolute discretion if the Client behaves towards any Service Professional in a discourteous, disrespectful, or abusive manner, or engages in conduct which is otherwise deemed inappropriate or unlawful.
- The Client shall be liable for discriminating against Service Professionals or for any failure, intentional or otherwise, to provide the Service Professionals a safe, clean, and appropriate location for them to perform the Services. Additionally, the Client must disclose any and all information that may have a bearing on the ability of the Service Professional to perform the Services or impact the Services Professional’s, or the Client’s health, safety, or well-being, to both the Company and the Service Professional.
- In the event a Service Professional behaves in a discourteous, disrespectful, abusive, inappropriate manner, or acts in violation of the law, Clients shall be required to report such incident to the Grievance Officer at ________________ at the earliest, but in any case, within 48 (“Forty-eight”) hours of the incident.
- GENERAL UNDERTAKING BY VISITOR/ USER/ CLIENT
- The Visitor/User/Client hereby undertake to not access or use the Platform for any purpose other than that for which the Platform is made available. The Platform shall not be used in connection with any commercial purposes, except in the manner approved by us. Further, the Visitor/User/Client agree not to:
- systematically retrieve any data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretense.
- use a buying agent or purchasing agent to book Services on the Platform.
- use the Platform to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content contained therein.
- engage in unauthorized framing of or linking to the Platform.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- make improper use of our support services/redressal mechanisms, by submitting false complaints of abuse or misconduct, or in any other manner.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
- attempt to impersonate another user or person or use the username of another user or person, or misrepresent its affiliation with a person or entity, and/or to sell or otherwise transfer your registration profile/Account.
- use any information obtained from the Platform in order to harass, abuse, or harm other persons/users.
- use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the content for any revenue-generating endeavor or commercial enterprise, including the integration of any third-party API.
- attempt to bypass any measures, including security measures/firewalls of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you, or our Service Professionals rendering any Services to you.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform; delete the copyright or other proprietary rights notice from any content; and/or copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other source code.
- decompose, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
- upload or transmit or misuse the Services or corrupt the Platform, or attempt to upload, or transmit or misuse the Services or corrupt the Platform, by introducing any viruses, bugs, worms, Trojan horses, or any other harmful material/malware, spyware, or any other program which is malicious or harmful, or indulge in any other activities, which would interfere with any user’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of or access to the Platform or its Services.
- attempt to gain any unauthorized access to the Platform, the server on which the Platform is hosted, or any other database, server, or computer connected to the Platform.
- use or attempt to use any unauthorized means, including but not limited to, use of any deep-link, program, automatic device, algorithm or methodology, or any similar processes, or hacking to access, utilize, copy or monitor any part/feature of the Platform or its content, or avail any Services or in any way reproduce or circumvent the source code, structure or layout of the Platform, or obtain or attempt to obtain any information not openly available on the Platform.
- upload or transmit, or attempt to so do, any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform, as well as our goodwill and business reputation.
- make any other use of the Platform which would or has the ability to violate these T&Cs and/or any applicable laws or regulations.
- the Client undertakes to ensure that any material/information/data uploaded by it on the Platform is strictly of nature and context as required by the Platform for the relevant Service, and is not in violation of any applicable law in force.
- disrupt or interfere with the security of, or otherwise cause harm to, the Platform, accounts, passwords, servers, or networks connected to or accessible through the Platform.
- cause any interference or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
- upload or distribute files that contain such material which is infringing the copyrights, trademarks, confidentiality, privacy or any other proprietary information protected by law, unless the Client has the rights or the necessary consents thereto.
- use the Platform or Services for any purpose that is fraudulent, unlawful, or prohibited by the T&Cs and/or by any applicable law in force, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company and/or any of its Affiliates.
- upload or distribute any material or information that is, or contains tags or keywords which are illegal, inappropriate, profane, obscene, offensive, abusive, harassing, misleading, indecent, defamatory, disparaging, or menacing, or is otherwise injurious to Company and/or any of its Affiliates, or is objectionable in any manner whatsoever;
- OWNERSHIP OF INFORMATION ON THE PLATFORM AND INTELLECTUAL PROPERTY RIGHTS
- Any information or content, published by Company on the Platform, directly or indirectly, shall exclusively belong to the Company, including the information, specifications, photographs, images related to the Service(s) displayed on the Platform, save and except the brand name, logo, or any trademark or symbol displayed on the Platform to identify the Salon and/or the Service Professional offering such Services, which shall belong to and be solely owned by the respective Salon or the Service Professional, as the case may be. The sole purpose of using and displaying the original brand name, logo, or any trademark or symbol, if any, of the Salon or the Service Professional, is to help the Users identify their preferred service provider and ensure transparency in the Booking process. The copying of any such content or information for commercial purposes shall constitute a violation of the Company’s copyright, and the Company reserves the right to take appropriate legal action under applicable law, before the competent court.
- The title and ownership of the Platform and the arrangement and process thereof, including but not limited to information, text, graphics, user interfaces, visual interfaces, images, Company’s logos, button icons, software code, object code, design, structure, and the collection, arrangement, and presentation of the information on the Platform, is protected under copyright, patent and trademark laws, and all other applicable intellectual property rules, regulations and guidelines, and shall, at all times, vest with the Company. You shall not modify, reproduce, display publicly, distribute, or use such content in any way, for profit, personal gain or any commercial purposes.
- The trademarks, logos and marks related to the Company, and displayed on the Platform are the property of the Company (“Company’s Trademarks”), except the brand names, logos, trademarks, etc. related to the Salon or Service Professionals listed and displayed on the Platform (“Salon’s Trademarks”, or “Service Professional’s Trademarks”, as the case may be), all of which shall belong to and be owned by their respective owners. The User/Client/Visitor shall not use the Company’s Trademarks in any manner whatsoever, without the prior written consent of the Company. The User/Client/Visitor shall not use Salon’s Trademarks and Service Professional’s Trademark’s in any manner whatsoever, without the prior written consent of the actual owner of such Trademarks. In the event the User/Client/Visitor infringes or attempts to infringe the copyrights, trademarks, or other intellectual property rights of the Company, the Company may, in its sole discretion, deny the User/Client/Visitor access to and use of the Platform. In the event the User/Client/Visitor infringes or attempts to infringe the Salon’s Trademarks and/or Service Professional’s Trademarks, the Company shall not be held liable for the same, in any manner whatsoever and howsoever. The Salon and/or Service Professional, as the case may be, shall be entitled to take any legal action against such User/Client/Visitor.
- The User/Client/Visitor understands and agrees that the Salon’s Trademarks and/or Service Professional’s Trademarks are owned exclusively and absolutely by the respective owners. Nothing in these T&C implies the vesting or transferring of ownership of such Salon’s Trademarks and/or Service Professional’s Trademark Trademarks in the name of the Company.
- The User/Client/Visitor agrees and undertakes not to upload, post, disseminate, reproduce, or distribute any content on the Platform belonging to the Company, without obtaining prior written consent from the Company. Any unauthorized dissemination, use, distribution or reproduction of any proprietary content confers upon the Company, as the holder/owner of copyright, to pursue appropriate legal action against you before the competent court, and/or any other legal remedy, as the case may be. No content/information/post on the Platform shall in any way be construed to grant any User/Client/Visitor any right to use any proprietary information or intellectual property of the Company without obtaining written permission for the same.
- The User/Client/Visitor agrees and understands that any breach of this clause, or of these T&Cs, by the User/Client/Visitor would cause irreparable damage to the Company, and the Company therefore, reserves the right to seek injunctive relief against the User/Client/Visitor, in addition to other remedies available in law and equity, before the competent court/legal forums.
- REPRESENTATIONS AND WARRANTIES
- You represent and warrant to us that:
- Your use of the Platform will not violate any applicable laws of the jurisdiction/region from where you are accessing the Platform.
- Any content uploaded by you on the Platform, or any information submitted by you on the Platform does not infringe applicable laws, rules, including but not limited to the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI”), any third-party rights, including but not limited to intellectual property and privacy rights.
- All information submitted on the Platform is correct, true, accurate and does not violate any applicable laws.
- Your use of the Platform conveys your acceptance of the terms of Company’s Privacy Policy. The Company shall not in any manner be liable for the correctness, authenticity or accuracy of the information submitted by you, and the same shall solely be your responsibility.
- By registering on the Platform, you represent and warrant that:
- All information you submit at the time of registering your Account will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update such information as necessary.
- You have the legal capacity to, and you agree to, accept and comply with these Terms.
- If at any point, you provide false, misleading, incorrect, inaccurate or incomplete information to the Platform, and/or Company is of the reasonable belief that the information provided on the Platform is false, misleading, incorrect, inaccurate or incomplete, then Company reserves the right to discontinue your use of the Platform, and may suspend/terminate your Account for the said reasons, or take any other action that it may deem appropriate or necessary, as the case may be, including legal action in against any user creating a fake account on the Platform.
- You will not use the Platform for any illegal or unauthorized purpose.
- Your use of the Platform will not violate any applicable laws or regulation.
- CONFIDENTIALITY
- The User/Client/Visitor acknowledges and agrees that all information, data or details in any form with respect to the Platform, its designs, structure and arrangement, visual interfaces, specifications, documentation, components, source code, object code, images, icons, audio-visual components and objects, schematics, drawings, protocols, processes, and other visual depictions, in whole or in part, in addition to all documents, data, papers, statements, any business/customer information, trade secrets and process of Company relating to its business practices or in connection with the provision of Services by Company, trade and business of Company, or otherwise, any information including names, assets, details, documents, transaction records, potential transactions, negotiations, pending negotiations, data, applications, software, systems, papers, statements, business information, marketing and financial information, databases, manuals, records and reports, articles, systems, material, sources of material, and any other data pertaining to Company, available to it through Platform (hereinafter referred to as the “Confidential Information”) is of a sensitive and confidential nature.
- The User/Client/Visitor undertakes to maintain the confidentiality of all Confidential Information, at all times, and shall not perform any act or omit to perform any act whose performance was otherwise necessary, to breach the confidentiality. The User/Client/Visitor undertakes to use all Confidential Information with such care and discretion, but not less than reasonable care, to avoid disclosure, publication, or dissemination of Confidential Information, as it will exercise in respect of its own information of similar nature that it does not wish to disclose, publish or disseminate, without its prior written consent or in an unauthorized manner.
- The User/Client/Visitor may disclose Confidential Information only to the extent required by any regulatory authority or governmental authority under the applicable law, provided, prior to such disclosure, the User/Client/Visitor shall immediately inform Company of such request for disclosure, to enable Company to obtain any order to prevent or limit the disclosure of Confidential Information; and
- The User/Client/Visitor agrees:
- to take all necessary action to protect the Confidential Information against misuse, sale, loss, destruction, deletion, and/or alteration;
- to use the Confidential Information only in connection with the Services/transaction for which the Confidential Information is obtained; and
- not to misuse or permit misuse directly or indirectly, commercially exploit the Confidential Information of the Company or any of its Affiliates through the Platform for economic or other benefit or in a manner prejudicial to the Company.
- COMMUNICATION AND SUBSCRIPTION
- Your acceptance of these Terms shall also include your acceptance of any news, updates, offer/campaign-related SMS, to the contact number and email address provided by you. By accessing, registering on the Platform, and thereby verifying your contact number and email address for the same, you explicitly consent to receiving such communications from us or any of our authorized personnel/representatives through phone call, SMS, mobile push notifications, e-mail, or any other digital or electronic media. These communications may include information regarding new products, services, any promotional campaigns and offers.
- You may, at any time, exercise your right to unsubscribe/opt-out of receiving any marketing/promotional communications, newsletters, SMSs, e-mails or any other such notifications from us at any time by referring to and following the instructions contained in such communications.
- You agree to cooperate with the Company, as and when we reach out to you through phone call, SMS, e-mail or any other medium of communication, for the following purposes:
- Obtaining feedback/reviews with respect to the Platform.
- Resolving complaints/grievances raised by you with respect to your use of the Platform, and/or of Services.
- LIMITATION OF LIABILITY
- The Company and its Affiliates, employees, agents, and associates make no warranty, express or implied, with respect to the Platform or its contents, the Services and assumes no liability or responsibility whatsoever, for any losses/damages, direct or indirect, suffered by you or any other User, on account of using the information on the Platform, availing of any Services or acting on the basis of any suggestion made, or opinion given by the Company on the Platform.
- The Company, its, employees, agents, associates and Affiliates, will not be liable with respect to any subject matter relating to the T&Cs under any law of contract or torts, or on account of negligence, strict liability or other legal or equitable rights for:
- any special or consequential damages;
- for interruption of use;
- loss or corruption of data.
- The Company shall not be liable or responsible for:
- any faulty operation of system during accessing of Platform or during the transmission/transfer of any data/information;
- any damage that occurs due to any information provided by the Client but not being received by Company or not being received promptly or appropriately, as a consequence of technical faults with the Platform (whether or not in Company’s control);
- any Confidential Information of the User/Client being used in any manner contrary to Clause 10 of the T&Cs;
- any loss or damage caused due to any bugs, viruses, worms, malware, spyware, or any similar program that may infect the Visitor/User/Client’s computer, software, data, or any other property caused by accessing or using the Platform or availing any Services, or from any emails, communication or attachment received from the Company/Platform;
- any failure to perform, or delay in performance of, any of the obligations due to events outside reasonable control of Company;
- any failure to perform, or delay in performance of, any of the obligations or Services by the Service Professionals assigned through the Platform;
- The Company is not responsible for any indirect losses including, without limitation, loss of income, business, profits, data or any injury to reputation, howsoever arising.
- The Company is not responsible for any liability for any loss, costs or damage arising out of or in connection with the use of the Platform or the inability to use it or for any delay or failure in the performance of the Services on account of the Service Professional or due to any Force Majeure Event or any other circumstances beyond the control of the Company.
- The User/Client acknowledges that Company aims to facilitate seamless data and transaction processing, and that the Company is not responsible for any failure of the Platform to store, transfer or delete data or for the corruption or loss of any data, information, or content uploaded therein. The accessing, and handling of any data uploaded by the User/Client on the Platform shall be the sole responsibility, and at the sole risk, of the User/Client.
- TRANSFER OF RIGHTS
- The T&Cs are binding on the User/Client/Visitor, its successors and permitted assigns. It may not transfer, assign, charge or otherwise dispose of any of its rights, benefits, liabilities, or obligations hereunder without the prior written consent of the Company.
- However, Company may transfer, assign, sub-contract or otherwise dispose of any of its rights, benefits, liabilities, or obligations under the T&Cs, at any time, or may involve or appoint any third party to satisfy its obligations, without any necessity to notify the Client.
- SECURITY OF DATA
- All facilities used to store data and process the transaction will adhere to reasonable security standards, which will be at par with the security standards adopted by the Company for processing and storing its own information of a similar nature. The Company has implemented industry-standard systems and procedures to ensure the security and confidentiality of a transaction and its related data, protect the User/Visitor/Client against anticipated threats or breaches to the security or integrity of a transaction and its related data, and protect the User/Visitor/Client against unauthorized access to its data.
- The User/Visitor/Client further acknowledges and agrees that it has granted Company the permission as well as the non-exclusive right to store and transfer its data, as part of the Services.
- The Company reserves the right to perform statistical analysis of the activity on Platform in order to measure interests in the various sections of the Platform for the purpose of Service development. Any non-personal information such as internet domain, host names, IP addresses, clickstream patterns, and the dates and times on which Platform is accessed may be recorded for the purpose of analysis. The analytical data collected is for internal use only.
- MODIFICATION OF T&CS
The User/Client/Visitor acknowledges and agrees that the Company has the right to revise, modify, amend, or discontinue any of the T&Cs from time to time, including, without limitation, to reflect, inter-alia, changes in market conditions, technology, requirements, laws, etc., and the Company shall not be obligated to obtain any approval/consent of the User/Client/Visitor on the revised T&Cs. The User/Client/Visitor is deemed to be aware of the latest T&Cs and the use of the Platform and the availing of the Services is subject to the most current version of the T&Cs available on the Platform at the time of such use. The use of Platform and Services subsequent to any modification in the T&Cs will constitute the User/Client/Visitor’s acceptance of the modification.
- DISCLAIMER
- All the information provided on the Platform is subject to the condition that you make an independent determination regarding the accuracy, correctness, usefulness, and suitability, prior to using the same, and the Company assumes no responsibility/liability for accuracy, correctness, usefulness, and suitability of the said information. Further, the Company shall not be responsible in any manner, for the data provided, stored, or managed by you on the Platform.
- The information on the Platform may contain inaccuracies or typographical errors. While the Company shall make its best efforts to ensure that all the information on the Platform is correct and accurate, it makes no warranties or representations with respect to the accuracy, quality, and correctness of the said information.
- The entire information on the Platform is provided on ‘as is’ basis, without any warranty or guarantee of any kind, including but limited to the implied warranties of merchantability and suitability for a certain purpose, title, non-infringement, accuracy or security.
- INDEMNIFICATION
The Client hereby agrees to indemnify, defend, and hold harmless the Company (including its directors, employees, representatives, agents, and affiliates) from time to time, against any and all losses, liabilities, obligations, damages, judgments, costs, expenses (including, without limitation, advisors’ fees), claims, fines, penalties, proceedings, actions or demands, of any kind or nature incurred by the Company/caused to Company on account of the Client’s use of the Platform or the Services, including but not limited to, the violation of the T&Cs.
- GOVERNING LAW AND JURISDICTION
These T&Cs are governed and construed in accordance with the laws of India and the Client hereby submits themselves to the exclusive jurisdiction of courts and tribunals at Jaipur, Rajasthan, India. The Client irrevocably waives any objection it may have now or in the future to the choice of courts and tribunal of Jaipur, Rajasthan, India as an inconvenient forum.
- SEVERABILITY
Every provision contained in these T&Cs shall be severable and distinct from every other provision and if, at any time, any one or more of such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not be, in any manner, affected or impaired thereby.
- WAIVERS
- Neither the failure to exercise nor any delay in exercising any right, power, privilege or remedy under these T&Cs shall, in any way, impair or affect the exercise thereof or operate as a waiver thereof, in whole or in part.
- No single or partial exercise of any right, power, or privilege under these T&Cs shall prevent the exercise of any other right, power, privilege or remedy under these T&Cs.
- CONTACT INFORMATION
Please feel free to contact us if you have any questions about our T&Cs or the information practices of the Services, on the below mentioned details:Addressed To: Mr. Mithun Chatterji
Email Address: [email protected]
Office Address: Billu Personal Care Pvt Ltd. , G-267, Epip, Sitapura Ind. Area, Jaipur – 302022, India
1. Contractual Relationship
These Terms of Use (“Terms”) governed the access or use by you, an individual, from within India of applications, websites, content, products, and services (the “Services”) made available by Billu Personal Care private limited, a private limited company established in India, having its registered office at address G-267, EPIP, Sitapura Industrial Area, Jaipur – 302022, India.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Billu Personal Care. if you do not agree to these Terms, you may not access or use the Services. These terms expressly supersede prior written agreements with you. Supplemental terms may apply to certain Services, such as policies for a particular event, activity, promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Billu Personal Care may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Billu personal care reasonably suspect that:
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You have, or are likely to, breach these Terms; and/or
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you do not, or are likely not to, to qualify, under applicable law or the standards and policies of Billu Personal Care and its affiliates, to access and use the Services.
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Billu Personal Care may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof:
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Immediately, where Billu Personal Care reasonably suspects that:
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you have, or are likely to, materially breach these terms; and/or you do not, or are likely not to, qualify, under applicable law the standards and policies of Billu Personal Care and its affiliates, to access and use the Services; or
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on 30 days’ written notice to you, where Billu Personal Care, acting reasonably, terminates these terms or any services for any legitimate business, legal or regulatory reason.