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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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