Terms of Service
Please read these Terms of Service (“Terms”) carefully. They contain important information about your legal rights, remedies, and obligations. By accessing and/or using the Eclipse Platform, you agree to comply with and be bound by these Terms.
Last Updated: 4 November 2019
Welcome and thank you for using Eclipse!
These Terms constitute a legally binding agreement (“Agreement”) between you and Eclipse governing your access to and use of the Eclipse website, located at http://www.eclipsehaircuts.com (“Site”), and operated by Eclipse Haircuts, Inc., d/b/a Eclipse (“Eclipse”, “us”, “our”, and “we”), our mobile, tablet, and application program interfaces (collectively, “Application”), and all associated services (collectively, “Services”). The Site, Application, and Services together are collectively referred to as the “Eclipse Platform”.
Table of Contents
- Scope of Eclipse Services
- Rights and License
1. Scope of Eclipse Services
1.1 The Eclipse Platform is an online marketplace that enables registered users (“Customers”) and third parties who offer services (third parties who offer services are “Eclipse Barbers” and the services they offer are “Barbering Services”) to communicate and transact directly on the Eclipse Platform.
1.2 As the provider of the Eclipse Platform, Eclipse does not provide grooming, barber, or styling services. Eclipse does not function as a barbershop or beauty salon. It is up to Eclipse Barbers, operating as independent contractors with Eclipse, to offer services. These services may be scheduled or arranged through the Eclipse Platform.
1.3 While we may help facilitate the resolution of disputes, Eclipse cannot guarantee (i) the quality of Barbering Services, (ii) the accuracy or truth of any user-generated information located on the Eclipse Platform, (iii) the performance or conduct of any Eclipse Barber. Any reference to a member of the Eclipse Platform being “verified” (or similar language) indicates that the member has completed relevant verification/identification process. Please exercise due diligence, care, and caution when operating on, or engaging in Services on the Eclipse Platform.
2.1 In order to access and use certain features of the Eclipse Platform, you must register for an account (“Eclipse Account”) and provide certain information about yourself.
2.2 You are responsible for providing current, accurate, and complete information during the registration process.
2.3 You may not create an account on behalf of someone other than yourself. You may not register more than one Eclipse Account unless we authorize you to do so.
2.4 You may register for an Eclipse Account using an email address and creating a password, or through your account with Facebook. You have the ability to disable the connection between your Eclipse Account and Facebook account at any time in the Settings section of the Eclipse Platform.
3.1 Eclipse may enable its users to create, upload, post, send, receive, and store contents such as text, photos, video, or other materials and information on or through the Eclipse Platform (“User Content”). You own your User Content while agreeing to give us the ability to use and/or reproduce the User Content you make available on our social networking sites.
3.2 You will not post, upload, publish, submit, or transmit any User Content that is (i) fraudulent, false, misleading, or deceptive, (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive, (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group, (iv) is violent or promotes violence, or (v) promotes illegal or harmful activities.
3.3 You will not post, upload, transmit, or distribute any computer viruses, worms, or any software with the intention of harming or altering a computer system or data.
3.4 Eclipse has the right to review any User Content and investigate at our discretion. If we determine content violates our terms, we reserve the right to remove content and take appropriate action.
4.1 In order to make an appointment with an Eclipse Barber, you must provide us with a valid credit card (“Payment Provider”).
4.2 By providing us with your credit card information, you agree to allow us to invoice your Account for all relevant fees/charges without additional consent.
4.3 You agree to notify Eclipse of any changes/updates to your relevant credit card or billing information.
4.4 You agree to pay the Eclipse Barber who provides you with the Barbering Service the pre-agreed upon price listed on the Application. All payments to the Eclipse Barber are non-refundable, unless the appointment is canceled or if we deem service was sufficiently inadequate. Listed prices on the Application are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are still responsible for paying said fees.
4.5 You may choose to cancel an appointment any time before the Eclipse Barber’s pre-determined arrival time. Any cancellation within eight (8) hours of the Eclipse Barber’s arrival time will result in you being charged a cancellation fee of 50% of the price of the service as listed on the Application. Any cancellation greater than eight (8) hours away from the arrival time will generally not incur a fee.
4.6 Tipping is voluntary, although please be aware that we do not provide the Eclipse Barber any additional compensation.
5.1 As an Eclipse Customer, we kindly ask that you create a safe, clean, comfortable, and utilitarian space in your home (or wherever you are receiving Barber Services). Ensure the space is near an electrical outlet, sink, and bathroom facilities.
5.2 Refrain from any speech, conduct, or personal displays that a reasonable person would find offensive, hostile, harassing, abusive, etc. while the Eclipse Barber is present.
5.3 If you have pets, you agree to confine the pets to a room separate from the room in which the services will be rendered.
5.4 If you have young children, you agree to take appropriate measures so as to avoid the children getting too close to the barbers as the barbers will be using equipment that could be harmful.
5.5 By using Eclipse Services, you agree that the location of the services is in compliance with all state and local health and safety rules including but not limited to: running water system or a self-contained portable water system, well-lighted, and well-ventilated.
5.6 Eclipse Barbers reserve the right to terminate or refuse to provide Barber Services if you do not meet these responsibilities or if an Eclipse Barber feels unsafe or uncomfortable for any reason.
5.7 You fully understand that all service providers on Eclipse are not employees of Eclipse, but rather independently operating contractors who operate separately and distinctly from Eclipse.
6. Rights and License
6.1 We grant you a non-transferable, non-exclusive right to access and use the Eclipse Platform for your personal use. You will only use the App Store sourced Application and will follow usage rules set forth in Apple’s App Store Terms of Service.
6.2 You will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services. You will not modify, create derivative works of, disassemble, reverse compile, or reverse engineer any party of the Services. You will not access the Services in order to build a similar or competitive service. No part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form.
6.3 We reserve the right to, at any time, modify, suspend, or discontinue your access to the Eclipse Platform. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of your access to the Eclipse Platform.
6.4 You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets involved with the Eclipse Platform are owned by us.
7.1 In no event will we or the Eclipse Barbers be liable to you or any third party for any physical, personal, property, or monetary damages arising from or relating to this agreement or your use of the Eclipse Platform,. You have been advised of the possibility of such damage and you agree to use the Eclipse Platform at your own discretion and risk, you will be responsible for any damages.
7.2 Our liability to you for any damages outside of the scope of the Agreement will at all times be limited to the greater of one hundred US dollars or the amount you’ve paid Eclipse in the prior 12 months. The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
7.3 Any and all controversies, disputes, demands, counts, claims, or causes of action between you and us or the service providers or our employees, agents, successors, or assigns, will exclusively be settled through binding arbitration. The arbitration will be conducted before one neutral arbitrator with substantial experience in resolving consumer contract disputes from the American Arbitration Association. You are thus giving up your right to go to court to assert or defend your rights except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court.
By downloading and accessing the Application, you agree to this Policy. This Policy is incorporated by reference into our Terms of Service. Defined terms which are used in this Policy and not defined herein are defined in our Terms of Service. Read this policy carefully to understand our policies and practices regarding your information and our collection of your information. If you do not agree with the stated policies and practices, do not use the Eclipse Services. This Policy is subject to change, and your continued use of the Eclipse Services after this policy is changed is deemed to be in acceptance of those changes. If we change or update this policy, the changes will be reflected on this page and the version date will be updated above.
This Policy does not apply to information that you provide to, or is collected by, any third party whether through or in connection with your use of the Eclipse Services or otherwise, including information Customers and Barbers may exchange between each other. Third parties may have their own privacy policies regarding their collection of your information. You agree and acknowledge that Eclipse has no duty or responsibility to maintain and safeguard any information you may provide to or is collected by any third party whether through or in connection with your use of the Eclipse Services or otherwise.
The Eclipse Services are not intended for persons under 18 years of age. We do not knowingly collect any information from or market to children under 18 years of age. If we learn we have collected or received personal information from persons under 18, we will delete that information.
We collect information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us (collectively, “Personal Information”). This information may include: name, email address, phone number, postal address, profile picture, payment method, items and services requested, service delivery and related delivery notes, other information personal information which could reasonably be used to identify you personally which you choose to provide.
When you use our Services, we also collect information about you in the following ways:
The Services collect real-time information about the location of your device.
When you access and use the Services, we may collect information about how you and visitors to our Services interact with our Services, preferences expressed, and settings chosen. In some cases, we do this through the use of technologies that create and maintain unique identifiers. The technologies we use for automatic information collection may include:
- Web Beacons: The Services and our emails may contain small electronic files known as web beacons that permit us to track relevant statistics related to the Services.
- Embedded Scripts: An embedded script is programming code that is designed to collect information about your interactions with the Services. The code is temporarily downloaded onto your device, is active only while you are connected to the Services, and is generally deactivated or deleted thereafter.
We may collect information about your desktop or mobile device and internet connection, including the device’s unique device identifier, IP address, operating system and version, software and file names and versions, device motion information, advertising identifiers, serial number, and also for mobile devices certain network information and the device’s telephone number.
We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details. Additionally, if someone uses your promotional code, we may associate your name with that person.
When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.
When you use the Services, certain third parties may use automatic information collection technologies to collection information about you and your device. These third parties may include:
- Advertisers, ad networks and ad servers
- Analytics companies
- Your device manufacturer
- Your mobile service provider
- Payment processors
If you also interact with our Services in another capacity, for instance as a Third Party Provider or user of other apps we provide, we may combine or associate that information with information we have collected from you in your capacity as a User.
Eclipse reserves the right to use all information that we collect about you or that you provide to us to:
- Provide, maintain and improve the Services, and any other information, products or services that we choose to offer;
- Facilitate payments, send receipts, develop new features, personalize the Services, provide customer support, authenticate users, send administrative messages, and otherwise give you notices about your account;
- Perform internal operations including fraud and abuse prevention, troubleshooting software bugs and other issues, conducting testing and research, and monitoring and analyzing usage and activity trends;
- Execute our obligations and maintain our rights arising from any contracts entered into between you and us;
- Send or facilitate communications, including location information, (i) between you and an Eclipse Barber, (ii) between you and a Third Party Provider, or (iii) between you and a contact of yours at your direction in connection with your use of certain features, such as referrals;
- Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events; and to process promotions;
- Notify you when Service updates are available, and of changes to any products or services we offer or provide through our Services.
We may disclose aggregated information about our Customers and Barbers, and information that does not identify any individual or device, without restriction to third parties to deliver targeted advertising or marketing about other products or services to you, or for other business purposes.
Eclipse may disclose any Personal Information that we collect or you provide:
- To our Professionals to enable them to provide the Services you request.
- To our subsidiaries and affiliates that provide services or goods relating to the Services.
- With entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential.
- In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
- To any party in any instance in which you have provided your consent for disclosure of your Personal Information, including instances in which the information is used to fulfill the purpose for which it was provided or a purpose expressed to you by us.
- In response to a request for information by a competent authority if we believe disclosure is in accordance with any applicable law, regulation, or legal process.
- With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of Eclipse, our Customers, our Barbers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- To enforce our rights arising from any contracts entered into between you and us.
- In an aggregated and/or anonymized form which cannot reasonably be used to identify you.
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
You are responsible for the security and confidentiality of any password you have chosen or been given for access to the Services.
We cannot guarantee the security of your personal information, and please note that any transmission of such information is at your own risk. Eclipse is not responsible for any circumvention of security measures we provide or the resulting consequences.