Article 1: Acceptance of Terms of Use
Glamic Inc. and its affiliated companies (collectively “Glamic”, “we” or “us”) own glamic.com and such other locations as made available (the “Website”), the Glamic mobile applications, and the related Glamic web applications (the “App” and collectively with the Website, the “Site”), as each may be updated, relocated, or otherwise modified. Please read these terms and conditions of use (as amended from time to time), and any guidelines, rules, or operating policies that we may post on the Site (collectively the “Terms”) carefully before using the Site. These Terms govern your access to and use of this Site, including the messages, information, data, text, software, images, and other content that make up this Service (as defined in Article 2.1) (the “Content,” which content is part of this Site). These Terms exempt Glamic and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of the Site.
Any use of this Site or the Service (as defined in Article 2.1) is conditional upon the acceptance of these Terms. By using the Site or the Service, you agree on your own behalf, and on behalf of any organization on whose behalf you may act (collectively referred to herein as “you”), to: (i) accept and abide by these Terms for each use of the Service and each visit to the Site; and (ii) follow all applicable regulations that apply to the Service. If you do not agree to these Terms, you must stop using the Site and the Service.
Article 2: General Acceptance
Glamic operates the Site as both a marketplace and a SaaS platform. The marketplace connects you with a network (collectively with the Site, the “Service”) of independent beauty, health, and wellness professionals (“Glamic Providers”) who may offer their services and other related products to you. The SaaS platform offers tools and features to help these providers manage their businesses efficiently. You may utilize the Service for purposes of booking Glamic Providers for the provision of beauty, health, and wellness services (the “Treatments”) or for managing your service offerings if you are a provider.
You acknowledge and agree that the Service constitutes a technology platform that enables users of the Site to arrange and schedule Treatments with independent third-party providers and that all Glamic Providers are independent third-party contractors who are not employees of Glamic. Glamic encourages Glamic Providers to have and maintain applicable professional liability insurance; however, you acknowledge and agree that Glamic does not require them to do so. Glamic does not employ or control the Glamic Providers and as such we do not determine certain details such as the quality, timing, legality, or availability of Treatments. When you book a Treatment through the Service you are booking with the Glamic Provider and our third-party payment processor will be handling the transaction and collecting the payment for your Treatment.
We have the right, in our sole discretion, to add to, remove, modify, or otherwise change any part of these Terms, in whole or in part, at any time. If we exercise this right, the “Last Updated” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to these Terms are posted to the Site or the App or otherwise communicated to you via email. It is your responsibility to check these Terms each time you access or use the Services to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of these Terms. If any change to these Terms is not acceptable to you, you must discontinue your use of the Service immediately. Your continued use of the Service after any such changes are posted will constitute acceptance of those changes. These Terms apply exclusively to your use of the Service and do not alter the terms or conditions of any other agreement you may have with us.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend, or discontinue any aspect of the Service, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Service; (ii) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Service or any features of this Service; and (iii) removing, adding, modifying or otherwise changing any Content on this Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice but confirm that we have no duty to do so. You acknowledge that certain features of the Service may require you to agree to additional terms and conditions as applicable therein. If you do not agree to abide by such additional terms and conditions, you may not be able to use the additional features of the Service.
Article 3: Minimum Age and Ability to Bind
You must be 18 years of age or older and of at least the age of majority in the jurisdiction in which you reside as of the time you register to use the Service. If you are using the Site or the Service on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of the Site and the Service.
Article 4: Glamic Member Registration
In order to use the Service, you must complete the Glamic member registration process on the Site or the App. Each person who completes the registration steps set out on the App or Site may, at our sole discretion, become a Glamic member (“Glamic Member”) subject to the following:
•Completeness and Accuracy: You must provide complete and accurate information to us and notify us if your information changes. Creating a username and password and/or submitting registration information does not guarantee that you will be granted membership to use the Service. Any personal information which Glamic collects via this Service is subject to our privacy statement available at https://glamic.com/privacy-policy (“Privacy Statement”). You hereby acknowledge that the collection, use, and disclosure of your personal information pursuant to the Privacy Statement is for reasonable and appropriate purposes and is done with your knowledge and consent.
•Password Protection: You may not share your username or password with any other person. You are responsible for all activity occurring under your Glamic Member account and shall abide by all applicable local, state, provincial, national, and foreign laws, treaties, and regulations in connection with the use of the Service. You shall: (A) notify us immediately of any unauthorized use of any password or Glamic Member account or any other known or suspected breach of security; and (B) not impersonate another person or provide false identity information to gain access to or use the Service. Without limitation, we may immediately remove or suspend any Glamic Member account that falls, or is suspected of falling, under the scope of the foregoing paragraphs (A) or (B).
•Unauthorized Use: If you become aware of unauthorized access to your account, or ought to have become aware of such access, you must change your password and notify us immediately. You agree to notify us promptly of any unauthorized use of your password and you will remain liable for any use of this Service to the extent permitted by law.
•Standards of Use: You must not use this Service in any manner that is unlawful (including by accessing this Service from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy or publicity rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others.
Article 5: Treatments
•Requesting Treatments: A Glamic Member may use the Service to send a request to have a particular Treatment provided (a “Request”). Such Requests must be clearly worded, correctly provide for the relevant category of Treatment, indicate your preferred date and time to receive the Treatment, indicate three (3) alternative dates and times to receive the Treatment, the availability of parking at the Premises (as defined below), and include a fair and accurate description of the Treatments to be provided. Although Glamic Providers attempt to accommodate your preferred date and time, they may, at their discretion, select any of the preferred or alternative times in order to make the Treatment available to you. When making a Request, the Glamic Member is solely responsible for confirming the accuracy of all information provided, including the Treatment requested and the location at which the Glamic Member will receive such Treatment (the “Premises”).
•Appointment Confirmation: As a Glamic Member, you understand and agree that your Request is one which a Glamic Provider has the ability to accept or reject in their sole discretion. Once a Glamic Provider has accepted your Request (a “Confirmed Appointment”), cancellation shall be made only in accordance with the provider’s cancellation policy, which can be found on the provider’s profile on the Glamic marketplace, the provider’s website, and in the booking confirmation. By making a booking, you agree and accept all provider policies and waivers, including the cancellation policy. You understand that once a Glamic Provider accepts your Request and a Confirmed Appointment has thus been made, the provider will notify you with basic information about the Glamic Provider, which may include the Glamic Provider’s name, expertise, and estimated time of arrival.
•Fees and Payment: The fees, including any cancellation fees and referral fees paid to Glamic, are set by the applicable Glamic Provider and listed on the Site (“Fees”). Fees do not include applicable sales taxes. To the extent the Fees are deemed under applicable legislation to be inclusive of sales taxes, the Fees shall be increased accordingly so that the amount of the Fees charged to you by Glamic Providers net of applicable sales taxes shall equal the amount of the Fees as calculated as if the tax deeming rule did not apply. Glamic Providers may, upon notice to Glamic, change the Fees. Changes in Fees are only applicable to Requests sent by a Glamic Member after the change in Fees is posted to the Site. If you wish to provide a tip to your Glamic Provider, you may do so at the time of your Treatment in cash or via the Site within 48 hours of your Treatment.
•Responsibility for Payment: Glamic Members will be invoiced and charged the applicable Fees promptly following the completion of the Treatment. Fees paid by you are final and non-refundable unless otherwise determined by the Glamic Provider. Upon the receipt of your invoice, you agree to pay to the Glamic Provider all amounts owed thereunder (including any Fees plus applicable taxes), whether or not you dispute the amount of the charge or the quality or nature of the Treatment or Treatments provided. You agree that the third-party payment processor on our behalf may obtain a credit card authorization for your credit card on file with Glamic to cover the cost of Treatments at the moment your booking request is confirmed, and your card will be charged with the Fees, any other applicable fees, taxes, and tips as soon as Treatments are completed.
•Cancellation and Lateness: Glamic Members should provide as much advance cancellation notice as possible in connection with any Confirmed Appointments. Any cancellation of or lateness to a Confirmed Appointment will be subject to and addressed in accordance with the provider’s cancellation policy as outlined on the provider’s profile, the provider’s website, and in the booking confirmation.
•Disputes with Glamic Providers: Any dispute or controversy between you and a Glamic Provider shall be settled directly between you and the Glamic Provider in accordance with all applicable laws, regulations, policies, principles, standards of practice, and code of ethics as outlined by the applicable governing bodies of such Glamic Providers.
•Complaints Process: All complaints must be formally submitted to the provider through the means specified on their profile or website. For detailed information on how to submit a complaint and the terms that apply to your specific Treatment please refer to the provider’s policies.
Article 6: SaaS Platform for Providers
•Service Management: Glamic Providers can utilize the SaaS platform to manage their service offerings, including scheduling, payment processing, and customer communication.
•Subscription Fees: Subscription fees (“Subscription Fees”) are specified (a) hereunder, (b) online, and/or (c) in a separately completed or approved Subscription agreement between you and Glamic. In addition to the Subscription Fees, Glamic charges a processing fee for appointments booked using the Services. Glamic retains a share of the cost of the first appointment for new clients that Glamic drives to you.
•Billing Cycle: Your Subscription begins on the day you sign up for one and make payment. Unless otherwise specified at the time of sign-up, each Subscription cycle is one month in duration (“Subscription Period”) and will automatically renew on a monthly basis until we terminate the Subscription or you notify us via the Services or by email of your desire to cancel your current Subscription. You will be billed on the monthly anniversary of the day you initially paid for your Subscription.
•Subscription Pricing: We have the right to modify the Subscription Services’ price at any time with fourteen (14) days’ notice. Any changes to the price of your membership will take effect on the next billing cycle. To continue using the Services, you must consent to the revised costs.
•Trials: Glamic may provide trial memberships from time to time that include free or reduced access to the Subscription for the defined trial term. Unless discontinued at least forty-eight (48) hours before the end of your trial term, each trial membership will automatically convert to a regular monthly subscription.
•Cancellation of your Subscription: At any moment, you may cancel your Subscription. If you discontinue the Subscription Service with more than forty-eight (48) hours notice prior to your next payment cycle, you will not be charged for the following month. You will retain access to the Subscription Services upon cancellation until the conclusion of your current subscription cycle.
•Other Fees: Glamic may from time to time, either through a Glamic Program or otherwise, provide certain services to Providers and/or Clients for an additional fee in order to assist Providers in growing their businesses and to facilitate the connection of Providers and Clients.
Article 7: Content and Intellectual Property
This Service is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction, or modification of this Service (including any element of the Content) by any person may be a violation of trademark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction, or modification of this Service or any of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including “Glamic,” constitute trade-marks, trade names, trade dress, and associated products and services of Glamic or its affiliates (the “Marks”) or constitute trade-marks, trade names, trade dress, and associated products and services of Glamic Providers, suppliers, or other third parties (the “Third Party Marks”) and are protected in Canada and internationally. The display of the Marks or the Third Party Marks on this Service does not convey or create any license or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third-Party Marks, in whole or in part, without prior written authorization of Glamic or such third party, as applicable, is strictly prohibited. The look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Glamic and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Glamic.
Article 8: Access and Use of the Site and Service
•Consent to Electronic Communications: By using the Service, you agree to receive messages and notifications regarding your use of the Service. You understand that you may incur charges for these messages and notifications depending on your current carrier plan and agree not to hold Glamic liable for any such charges.
•Network Access and Devices: You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto.
Article 9: Provision of Service and User Conduct
•License and Restrictions: The Service shall only be used for lawful purposes, and you shall use the Service only in compliance with these Terms, and all applicable laws.
•User Provided Content: Glamic may, in Glamic’s sole discretion, permit you from time to time to submit, upload, publish, or otherwise make available to Glamic through the Services textual, audio, and/or visual content and information (“Glamic Member Content”).
Article 10: Third-Party Services
The Site or App may contain links to websites that are controlled by third parties and access to certain third-party services, which may include social bookmarking services and social network platforms. Glamic makes no representation or warranty regarding any Third-Party Service and does not endorse such Third-Party services.
Article 11: Disclaimer of Warranty
The services, including the site and/or the app, are provided “as-is” and “as available” and Glamic expressly disclaims any warranties, representations, covenants, and conditions of any kind, whether express or implied.
Article 12: Limitation of Liability
You agree that in no event will Glamic and any of its affiliates or their respective directors, officers, employees, agents, or other representatives have any responsibility or liability in connection with this service, the site, the content, third-party providers, treatments, and any postings, for any losses or damages whatsoever thereof.
Article 13: Indemnity
You agree to indemnify and hold Glamic Representatives harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Glamic’s use of Submissions or Glamic Member Content; or (iv) your violation of the rights of any third party, including Glamic Providers.
Article 14: Termination
•Termination Right: Glamic maintains the right to cancel your Subscription, Account, or use of the Services in its sole discretion if you breach these Terms of Service, or for any reason or no reason at any time. Additionally, we may suspend your access to the Services and your Account (including any funds in your Account) if you (a) violate the terms of these Terms of Service, any other agreement you have with Glamic, including without limitation the EULA, or Glamic’s policies, (b) pose an unacceptable credit or fraud risk to us, (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (iv) for any other reason. This includes the ability to change or cancel a Subscription prior to the expiration of any pre-paid
Article 14: Termination
•Termination Right: Glamic maintains the right to cancel your Subscription, Account, or use of the Services in its sole discretion if you breach these Terms of Service, or for any reason or no reason at any time. Additionally, we may suspend your access to the Services and your Account (including any funds in your Account) if you (a) violate the terms of these Terms of Service, any other agreement you have with Glamic, including without limitation the EULA, or Glamic’s policies, (b) pose an unacceptable credit or fraud risk to us, (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (iv) for any other reason. This includes the ability to change or cancel a Subscription prior to the expiration of any pre-paid period.
•User Termination: At any time, you may terminate these Terms of Service and/or the EULA by closing your Account. Any pending transactions will be cancelled upon Account termination. Any monies in our possession at the time of closure, minus any relevant fees, will be remitted to you in accordance with your payout schedule, given that all payment-related authentication criteria have been met (for example, you may not close your Account as a means of evading your payout schedule). If an investigation is ongoing at the time you cancel your Account, we may retain your cash in accordance with the terms set out below. We will provide monies to you if it is subsequently found that you are entitled to any or all of the amounts under dispute.
•Effects of Termination: If your Subscription and/or Account are terminated or suspended for any reason or no reason, you agree to: (a) remain bound by these Terms of Service, (b) immediately cease using the Services, (c) that any licences granted to you under these Terms of Service will terminate, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that Glamic shall have no liability to you or any third party. If your Subscription and/or Account are terminated or suspended, Glamic reserves the right to promote you to Clients based on information collected during your subscription term, including but not limited to a general description of your business, your business address, customer reviews, or photographs, but not your contact information (such as phone number or email address). Additionally, you agree that Glamic may store and utilise your information and account data as necessary to respond to investigations and comply with relevant legislation.
•No Liability: We shall not be responsible to you for any compensation, reimbursement, or damages arising out of your use of the Services, or as a result of the Services’ cancellation or suspension. Any termination of these Terms of Service does not free you of your duty to pay any fees or charges incurred prior to the termination date, as well as any other payments payable to us under these Terms of Service.
Article 15: Professional Accounts
•Service via Professional Sites: Professionals may provide their services only via their company or personal website or software application (a “Professional Site”), and we have the right to approve the installation and usage of the Services on the Professional Site. We have the right to stop the Services if we discover any implementation concerns with the Professional Site. Suspension will continue in force until the Professional resolves any problems identified by Glamic, and suspension will not relieve a Professional of its payment obligations under these Terms of Service.
•Licensing and Representation: By creating a Professional Account, you certify that you are a licensed professional and that, if you are a salon, merchant, or other business entity, each of your employees, independent contractors, or agents providing services is a licensed professional, as well as that your business information is accurately represented on Glamic. Additionally, you guarantee that you are properly licensed to perform services “in-home” or otherwise outside of your place of business if you promote such services on Glamic. Glamic maintains the right to delete or conceal any inaccurate, out-of-date, or illegal information included in profiles, as well as to delete or conceal the whole profile.
•Prohibited Activities: By registering a Professional Account, you guarantee that you will not accept money from or in conjunction with the following companies or commercial activities: (1) any unlawful activity or items, (2) buyers or membership clubs, including any related dues, (3) credit counselling or credit repair organisations, (4) credit protection or identity theft protection services, and (5) direct marketing or subscription offers or services. (6) infomercial sales, (7) internet/mail order/telephone order pharmacies or pharmacy referral services (where medication is fulfilled through an internet or telephone consultation, in lieu of a physical visit with a physician), (8) unauthorized multi-level marketing businesses, (9) inbound or outbound telemarketers, (10) prepaid telephone cards or services, (11) enterprises built on rebates, (12) retailers who upsell, (13) bill payment services; (14) wagering, which includes lottery tickets, casino gaming chips, off-track betting, and wagering on horse races; (15) manual or automated cash disbursements; (16) prepaid cards, checks, or other financial merchandise or services; (17) sales of money orders or foreign currency; (18) wire transfer money orders; (19) high-risk products and services, including telemarketing sales; (20) service station merchants; (21) automated fuel dispensers; (22) adult entertainment-oriented products or services (in any medium, including the internet, telephone, or printed material); and (23) sales of fiduciary securities. (24) cigarette or tobacco sales over the internet, mail order, or telephone, (25) drug paraphernalia, (26) occult materials, (27) hate or harmful items, (28) escort services, or (29) bankruptcy lawyers or debt collection organizations.
Article 16: Payment Processing Services
•Authorization: Professionals authorize us to accept, keep, and disburse funds on their behalf. Your authorization enables us to create a paper draft or an electronic funds transfer in order to conduct each payment transaction authorized by you. Until your Account is canceled or terminated, your authorizations will remain in full force and effect.
•Provider of Third-Party Payment Services: Users will be required to supply the Company and the Payment Service Provider retained by Glamic (the “PSP”), which may include Stripe, with their payment card or bank account information. As a condition of Glamic enabling payment processing services via the PSP, you agree to provide Glamic with accurate and complete information about you and your business, and you authorize Glamic to share that information, as well as transaction information regarding your use of the PSP services.
•Third-Party Agreement: Professionals may be needed to register with the PSP, agree to the PSP’s Account Agreement and Terms of Service, and undergo screening at the PSP’s request in order to open an account with the PSP. Please keep in mind that the Company is not a party to the PSP Agreement; rather, the PSP, you, and any other parties specified in the PSP Agreement are the parties to the PSP Agreement, and the Company has no duties or liabilities to any Professional under the PSP Agreement.
•Discretionary Withholding: Company maintains the right (but not the obligation) in its sole discretion to (i) withhold any payments from the Client for services and out-of-pocket expenditures, or (ii) refund, credit, or arrange for the PSP to do so.
Article 17: Unauthorized or Illegal Use
We reserve the right to (i) decline to authorize or settle any transaction you submit to us, (ii) refund a payment, or (iii) terminate your Account if we believe, in our sole discretion, that the transaction and/or your Account violate these Terms of Service or any other Glamic agreement, or that they endanger Professionals, other Glamic Users, the PSP, or Glamic. The word “harm” includes, but is not limited to, fraud and other illegal conduct as assessed solely by Glamic. If we have reasonable grounds to believe that your Account has been used in an unauthorized, unlawful, or criminal manner, you expressly permit us to disclose information about you, your Account, and any of your transactions with law authorities. Additionally, we may request information from you (including, but not limited to, information about services rendered, identity verification, and copies of applicable professional licenses) at any time for any reason or no reason as part of our internal ongoing reviews of transactions and accounts on our Services, and in particular, to assist in investigations of suspicious transactions and/or accounts. You agree to submit such information and assistance promptly and accept that payment processing in connection with a suspicious transaction and/or account may be delayed until Glamic, in its sole discretion, clears such transaction and/or account. If you fail to comply with Glamic’s request for information and help under this Section, Glamic retains the right to prevent you from processing any more payments via the Services until you provide the necessary information and assistance and are cleared by Glamic. If Glamic restricts or terminates your access to or use of the Services, you may not create a new Glamic account or try to access or use the Services using another User’s Glamic account.
Article 18: Customer Service and Returns
•Customer Service: Each Professional is solely responsible for all customer service issues relating to their goods or services, including without limitation, any services, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback regarding experiences with such Professional, any personnel, their policies, or processes. Professionals must establish themselves as a distinct entity from Glamic while providing customer care. Glamic is entirely liable for customer support concerns connected to any Account, payment, Card processing, debiting, or crediting.
•Returns and Refunds: By accepting credit Card transactions via Glamic, you agree to handle returns and provide refunds and adjustments for your products or services through your Account in accordance with these Terms of Service and Network Rules. Network Rules require you to (a) maintain a reasonable return, cancellation, or adjustment policy; (b) disclose your return or cancellation policy to Clients at the time of purchase; (c) refrain from providing cash refunds to Clients in connection with Card sales, unless required by law; and (d) refrain from accepting cash or any other item of value in connection with Card sales refund preparation. The refund/adjustment amount must include any applicable taxes and cannot exceed the entire amount displayed on the original sales data, except for the precise amount necessary to compensate the Client for postage paid to return products. If you accept returns and make an inequitable exchange of items (e.g., the sales price is not the same), you must offer a credit for the whole value of the returned merchandise and complete a new sale for any new merchandise. Please keep in mind that even if your refund policy restricts returns or is deemed unacceptable by the Client, you may still face a Chargeback for such purchases.
Article 19: Chargebacks and Fraudulent Actions
•Liability for Chargebacks and Fraudulent Actions: The amount of a transaction may be reversed or charged back to your Account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, a Client or our financial institution, (c) was not authorized or we have reason to believe it was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of these Terms of Service.
•Responsibility for Fraudulent Actions: Glamic is not responsible for any damages incurred as a result of Chargebacks, fraudulent charges, or other activities taken by any User that are misleading, fraudulent, or otherwise invalid, as determined solely by Glamic (“Fraudulent Actions”). By using the Services, you agree to indemnify Glamic from any responsibility resulting from Fraudulent Actions. Additionally, you shall make reasonable steps to alert Glamic quickly of any Fraudulent Actions that may harm the Services. Glamic maintains the right, in its sole discretion, to cancel the account of any User who commits, or facilitates, Fraudulent Actions.
•Chargeback Collection Rights: We have the right to withhold the Chargeback amount from any transaction that results in a Chargeback. We may deduct the amount of any Chargeback and any associated fees, fines, or penalties specified in the Fee Schedule or assessed by the Association or our processor from your Account (including any Reserve), any proceeds due to you, your bank account or debit card, or other payment instrument registered with us. We may delay refunds from your Account if you have outstanding Chargebacks. Additionally, if we believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under these Terms of Service until the following occurs: (a) a Chargeback is assessed as a result of a Client’s complaint, in which case we will retain the funds; (b) the period of time allowed by applicable law or regulation for the Client to dispute the transaction has expired; or (c) we determine that the transaction has expired. If we are unable to collect monies connected to a Chargeback for which you are responsible, you agree to promptly pay us the entire amount of the Chargeback. You undertake to reimburse us for any costs and expenses, including without limitation lawyers’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any Account deficit amounts that remain unpaid by you.
•Excessive Chargebacks: If we determine that you are incurring an excessive number of Chargebacks, we may impose controls or conditions on your Account, including but not limited to (a) establishing new processing fees, (b) establishing a Reserve in an amount reasonably calculated by us to cover anticipated Chargebacks and related fees, (c) delaying payouts, and (d) terminating or suspending the Services.
•Dispute Chargebacks: You agree to cooperate with us when we conduct an investigation into any of your transactions handled via the Services, at your cost. To that end, you authorize us to share Chargeback information with the Client, the Client’s financial institution, and your financial institution in order to investigate and/or mediate a Chargeback. We will contact you to get the information required to fight the Chargeback. If the Chargeback is successfully disputed, we will credit your Account with the reserved money. If the Network or issuing bank does not settle a Chargeback dispute in your favor or if you choose not to fight the Chargeback, we may collect the Chargeback amount and any related costs as outlined in these Terms of Service. You accept that your failure to cooperate with our investigation of a transaction in a timely way, including submitting essential documents within five (5) days of our request, may result in an irrevocable Chargeback. We retain the right to charge a fee for mediating and/or investigating Chargeback disputes, upon notification to you.
Article 20: General Provisions
•Set-off Rights: You grant us a security interest in, and a right of setoff against, all of your right, title, and interest in and to all of your accounts with us, and hereby assign, convey, deliver, pledge, and transfer to us all of your right, title, and interest in and to all of your accounts with us as security for the repayment of any obligations due under these Terms of Service. This grant, however, will not apply to any accounts where the grant of a security interest is forbidden by law. You authorize us, without prior notice to you and regardless of (i) whether we have made demand under these Terms of Service or any other related agreements; and (ii) whether the obligation is contingent, matured, or unmatured, to the extent permitted by law, to collect, charge, and/or setoff all sums owing on the indebtedness against any and all such accounts and other obligations, and, at our option, to administratively freeze or direct any third party bank holding the account to do so.
•Inactive Accounts: If your Account has been inactive for at least two years consecutively and you have a balance, we will tell you via email and provide you the choice of keeping your Account open and retaining the balance, withdrawing the amount, or requesting a check. If you do not react within thirty days to our notification, we shall immediately cancel your Account and escheat your cash in accordance with relevant legislation and, if authorized, to Glamic.
•Processing Errors: We shall make reasonable efforts to correct any processing problems that we find. If the mistake resulted in you receiving less than the full amount due, Glamic will credit your Account with the difference. If you receive more than the amount to which you were entitled as a consequence of the mistake, Glamic will deduct the excess cash from your Account. Glamic will only fix transactions that you process erroneously upon notification of the problem. Failure to inform us within thirty days of the first appearance of a processing mistake on your electronic transaction history will be considered a renunciation of any right to recover payments owing to you.
•Professional’s Loyalty Programs: Clients may be offered loyalty schemes by professionals. If a Professional provides such a loyalty program, the Professional (not Glamic) is responsible for ensuring compliance with relevant federal and state regulations, including those regulating prepaid cards and special incentives such as rebates and discounts. Clients agree that Professionals will make accessible to them any terms and conditions governing the Professional’s loyalty program.
•Glamic Programs: The Company may from time to time offer Users various programs, promotions, opportunities, sweepstakes, and competitions (“Glamic Programs”); further conditions applicable to these Glamic Programs may be found at https://glamic.com/get-new-clients/. Glamic maintains the right to modify the conditions of the Glamic Programs at any time without prior notification to you, provided that such modifications do not apply retrospectively to you.
•Gift Cards: Glamic may provide gift cards (“Gift Cards”) that Clients may use to buy services from a certain Professional. Glamic provides this service as a convenience to Professionals and Clients. Glamic is not the merchant of record for any Gift Card and is not liable for any issue arising from the redemption of any Gift Card. Glamic restricts Clients from reloading Gift Cards obtained via the Services, paying for Gift Cards with other Gift Cards, or transferring Gift Cards obtained through the Services to other beneficiaries. The professional is accountable for administering the Gift Card redemption procedure and adhering to all relevant regulations governing Gift Card redemption (including without limitation state and federal laws regarding expiration dates). All Gift Card transactions are handled using Glamic’s normal payment processing system, which keeps a small portion of the purchase price as specified in Section 1(B)(i).
•Service Availability and Modifications: We reserve the right to alter, modify, suspend, or cancel all or any portion of the Services at any time, for any reason. You acknowledge that the operation of the Services may occasionally encounter technical or other difficulties and may not always continue uninterrupted or without technical or other errors, and Glamic shall not be liable to you or to any third party for any such interruptions, errors, or difficulties, or for the outright discontinuance of the Services. Glamic is under no duty to maintain or update the Services, or to continue developing or releasing new versions. We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for: (i) planned downtime (for which we will endeavor to provide at least eight hours prior notice); or (ii) unavailability caused by circumstances beyond our control, including but not limited to acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terrorism, strikes or other labor problems, or Internet service provider failures or delays.
•Compliance with Laws: As a User of the Services, you undertake to abide by all relevant regulations and laws and to bear sole responsibility for any promotion you conduct via the Services. When you publish material or information as “public,” it implies that everyone, even those outside the Glamic community, will have access to it, and we may have no control over what they do with it, including restricting their ability to repost or re-publish such information.
•Feedback and Suggestions: We always welcome comments and other recommendations regarding Glamic, but you acknowledge that we may use them and that you thus give us all rights to such suggestions without any need to pay you (just as you have no obligation to offer them).
Article 21: Governing Laws
These Terms shall be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of Ontario for any disputes related to these Terms.
By using the Site or Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use. If you have any questions or concerns about these Terms, please contact us at hello@glamic.com.
This document outlines the Terms of Use for Glamic Inc., ensuring that all users understand their rights, responsibilities, and the limitations of the services provided. It aims to create a clear, transparent, and fair environment for both service providers and clients.
