Terms of Use

 

Welcome to the WONDERWAVES, LLC web site (“Site”) and the services we offer through the Site (“Services”). Please read the following WONDERWAVES, LLC (“WONDERWAVES”) terms and conditions (the “Terms of Use”) carefully before using the Site or signing up for any Services. WONDERWAVES is a mobile beauty team specializing in weddings, a variety of special occasions and photoshoots. We take pride in providing byaccessing the Site, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use the Site. We recommend that you keep a printed copy of these Terms of Use for future reference. The WONDERWAVES Privacy Policy and any invoice relating to the Services are incorporated by reference into these Terms of Use.

 

These Terms of Use and the information provided herein in no way override the terms and conditions of our Services and your authorization of payment methods, except as specifically provided herein. We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms of Use or to impose new terms and conditions with respect to access to or use of the Site or our Services. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. We will notify you of any material changes to these Terms of Use by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made, email you notice of such changes to the email address on file through your order contact information and by changing the "Last Updated" date at the top of this webpage. You are responsible for reviewing the Terms of Use periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to these Terms of Use. Any access or use of the Site by you after revisions or additions to these Terms of Use shall constitute and be deemed to be your acceptance of such revisions or additions. Please also read our Privacy Policy which also governs your use of this Site.

 

A SPECIAL NOTE ABOUT CHILDREN: This Site is not designed or intended for use by children under 13, although the Site may offer children’s products for purchase by adults. If you are under 18, you should use the Site only with involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it immediately.

 

Services We Provide

WONDERWAVES provides mobile makeup and hair services (“Services”). Our Site contains our rates, specific services and other specific information regarding the Services. We may change or update this information at any point in time as we see fit. We require you provide us with your date of event, event location, name, phone number and address to book our Services. We will provide you with a separate invoice which accounts for the cost and scope of the Services.If you request further services not contained in the invoice, we shall provide you with subsequent invoices for the additional services.

We reserve the right to terminate or refuse Service at any point, including the day of the event, if any employee or contractor feels unsafe or uncomfortable with the working environment or conditions. Notwithstanding the Refund Policy, if the Services are terminated for one of the above stated reasons, the deposit is non-refundable.

Client Representations and Warranties

You represent and warrant to WONDERWAVES that during the providing of Services you shall:

A.   Provide a safe, clean and comfortable workspace at whatever location the Services shall be performed.

B.   Provide access to working electric outlets, a bathroom and a sink with both hot and cold running water.

C.    If have pets, you agree to remove them from any working area where the Services are being provided.

D.   If children under 13 will be present in the working are where the Services are provided, you agree that a third party who is not a recipient of the Services shall be present to watch after the children.

E.    Refrain from the use of vulgar or sexually harassing language and actions.

 

Non-Circumvent

At no point prior to, during or after the Services you will not attempt to do business with, exchange contact information with or otherwise solicit any contractor or employee of WONDERWAVES for the purpose of circumventing these Terms of Use, the result of which shall be to prevent us from realizing or recognizing our fee. If such circumvention shall occur WONDERWAVES shall be entitled to any fees due pursuant to these Terms of Use or relating to such transaction.

 

Intellectual Property Ownership and Use

Please be aware that as you visit and navigate this Site your use of our Site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights. For International Site Users: The Site is hosted in the United States and is intended for and directed to users in the United States. By using this Site, you are subjecting yourself to the laws and jurisdiction of the United States.

 

Trademarks & Copyright

Unless otherwise noted all materials, including images, illustrations, designs, icons, products, photographs, sounds, video clips, written, and other materials that appear as part of this site are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by WONDERWAVES. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by WONDERWAVES.

Except as expressly authorized by these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of WONDERWAVES or the respective copyright/trademark owner. WONDERWAVES authorizes you only to view, not download, these copyright and trademark materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original versions of said materials. 

The material and content accessible from this Site, and any other Site owned, operated, licensed, or otherwise controlled by WONDERWAVES is the proprietary information of WONDERWAVES or the party that provided or licensed the content to WONDERWAVES, whereby such providing party retains all rights, title and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of WONDERWAVES, except that you may print out a copy of the content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of the content except as expressly provided in these Terms of Use violates WONDERWAVES intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.

Photo and Video Waiver and Release

WONDERWAVES requests that you shall allow us to take video and photographs during the Services and of the completed Services. 

You hereby grant and authorize the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of me to be used in and/or for legally promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats and markets now known or hereafter devised. This authorization shall continue indefinitely, unless I otherwise revoke said authorization in writing.

You understand and agree that all photographs and videos taken during or pertaining to the Services are the property of WONDERWAVES and will not be returned.

 

Linked Third Party Sites

You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from this Site to third-party websites, applications and services, and third-party websites may link to the Site (“Linked Sites”). Linked Sites are not operated, controlled or maintained by us, and you acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not constitute an endorsement, approval or sponsorship thereof. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences. You should read the terms and conditions and privacy policies available on such Linked Sites.

 

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

Non-Confidential Information

Except for information necessary to place an order for Services, please do not send to us any confidential or proprietary information through this Site. Any information, materials, suggestions, ideas, photos, reviews or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. We shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any user content for any reason or no reason.

 

Errors and Inaccuracies

We always strive to provide complete, accurate, up-to-date information on our Site. Unfortunately, despite those efforts, human or technological errors may occur. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing, availability and other aspects of the Services, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your payment method charged, and to change or update information at any time without prior notice.

 

No Guarantee of Services

WONDERWAVES makes no guarantees, expressed or implied, in regard to aesthetic qualities, efficiency, or quality of workmanship of the completed Services. By agreeing to these Terms of Use, you acknowledge that the Services are creative works, and as such, reasonable artistic direction will be used with your approval. You agree to provide WONDERWAVES with an accurate representation of how you would like the Services performed, and we cannot be liable for you not properly explaining the aesthetic qualities you desire.

 

Payment and Cancellation Policy

No payment is processed or accepted through our Site. We shall send you a separate invoice for the Services and payment is accepted via Zelle or credit/debit card. If paying by credit or debit card, we require a signed credit card authorization form. 

You agree to pay a 20% deposit to confirm a booking of the Services. The 20% deposit is non-refundable if you cancel the Services prior to the commencement of the Services. If the Services are cancelled by WONDERWAVES or due to a force majeure event, the deposit will be reimbursed within 15 days of termination. 

The remainder of the invoiced payment is due at the time the Services are completed. Any amount unpaid by you for the Services performed shall be charged a monthly 1.5% interest fee until paid in full. The interest fee will begin accruing seven (7) days after the Services are completed.

 

Force Majeure

If at any time prior to the event date or the completion of all of our Services hereunder, WONDERWAVES operations are materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued by reason of the occurrence of any event of force majeure, including but not limited to war (declared or undeclared), air raid, act of public enemy, riot epidemic, fire, casualty, accident, labor controversy, including but not limited to lockout and/or strike or threat of either, governmental order or regulation, judicial order or decree, including without limitation any grant of injunctive relief, whether imposed on an industry-wide basis or affecting only the Services, act of God, death, illness, incapacity, disfigurement, failure of technical facilities, materials and/or personnel, or any other similar or dissimilar contingency beyond WONDERWAVES control, we shall have the right, exercisable in our sole and subjective discretion, to cancel the Services and all of your obligations hereunder. The termination does not waive any outstanding payment due to WONDERWAVES for Services completed.

 

Disclaimer of Liability

We make no representations or warranties of any kind, whether express or implied, with respect to this Site, its content, the Services, or the information available on or through it; they are provided "as is," with all faults. 

 

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WONDERWAVES OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Notwithstanding anything to the contrary set forth herein, under no circumstances will the total liability of WONDERWAVES(including its directors, officers, employees and affiliates), whether based on an action or claim in contract, tort (including without limitation, negligence) or otherwise, arising out of or related in any way to these Terms of Use or the Services exceed the amount paid or payable to WONDERWAVESunder these Terms of Use.

 

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of the Site, or your downloading or uploading of any materials, data, text, images, video, or audio from or to the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. We also assume no responsibility for any allergic or other health related reactions to any of the products we or any contractors provide during the Services. Please advise us of any potential allergies to products prior to the event. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Indemnification

You agree to defend, indemnify, and hold harmless WONDERWAVES, our subsidiaries, affiliates and vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with your use of the Site including, but not limited to, (i) your violation of these Terms of Use, (ii) any use of the Services outside their intended purpose, (iii) any harm caused to a third party, or (iv) any activity related to your hiring of us to provide Services or use of the Site.

 

Security

Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences and prosecute any user(s) who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

Accessing data not intended for you or logging on to a server or account, which you are not authorized to access;

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);

Attempting to interfere or interfering with the operation of the Site, our provision of services to any other visitors to the Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site; and

Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission to the Web Site.

 

Geographical Use

Although this Site may be accessible worldwide, we make no representation that materials on this Site or the services provided through this Site are appropriate or available for use in locations outside the United States of America.Furthermore, we do not provide any Services outside of the United States. We make no claims that the Site is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Arbitration

Any controversy or claim arising out of, or relating to, this contract or the breach thereof, shall be settled by arbitration, in accordance with the laws of the State of California, then obtaining, of the American Arbitration Association, and judgment upon the award rendered may be entered in any Court having jurisdiction thereof. Any award concurred in by a majority of the arbitrators or rendered by the sole arbitrator (as the case may be) shall be binding and conclusive on the parties; and a judgment thereon may be entered in the highest court of the forum having jurisdiction thereof.

 

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and WONDERWAVESin any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WONDERWAVES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CLIENT OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

 

Attorney Fees

In the event that any dispute between you and WONDERWAVES should result in litigation or arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses.In addition to the foregoing award of attorneys’ fees, the prevailing party shall be entitled to its attorneys’ fees incurred in any post judgment proceedings to enforce any such judgment.

 

 

Governing Law and Jurisdiction

These Terms of Use, the Privacy Policy and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties agree exclusive jurisdiction shall be in San Diego County, California for any and all issues arising out of the Terms of Use or any related documents or transactions.

 

Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, the Privacy Policy and any other policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Site and our Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. In the event that any provision of these Terms of use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site. You may not assign the Terms of Use or any of your rights or obligations under the Terms without our express written consent. The Terms of Use inure to the benefit of our successors, assigns and licensees. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.