These Terms & Conditions (the "Terms & Conditions" or "Agreement") govern the use of the mobile and internet-based services, business tools offered by MeNext Enterprises, LLC (the "Company," "MeNext," "we" or "us") at and through the website www.MeNextBeauty.com (the "Website") and through mobile applications (such services, applications and the Website are collectively referred to as the "Services") by you ("you" or "User"). We reserve the right, at our sole discretion, to change or modify portions of these Terms & Conditions at any time without further notice.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN MENEXT AND YOU WHICH GOVERNS YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SERVICES.
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and MeNext, enforceable in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You shall establish and use your membership on MeNext, and use the services available through MeNext, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, "Laws"). All calls, emails and other communications between you and MeNext may be recorded.
2. MeNext Membership
a. Establishing a Membership: You may establish membership on MeNext. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in MeNext's sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.
b. Use of Membership. You shall not use your MeNext membership for any purpose competitive to MeNext. You will notify MeNext immediately by emailing info@MeNextBeauty.com of any unauthorized use of your MeNext membership known to you, whether by you or a third party.
3. What We Do
MeNext provides the Services to User for the purpose of assisting User in securing beauty appointments at participating third party beauty establishment (each an "Establishment"). In response to a User's online request, the MeNext directly contacts the Establishment's computerized database of appointments. The availability of appointments is determined at the time of User's query. Once an appointment is made by User, MeNext will provide confirmation of the appointment to User by email. By using the Services, User agrees to receive appointment confirmations by email after booking an appointment through MeNext.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide MeNext information regarding your credit card or other payment instrument. You represent and warrant to MeNext that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay MeNext the amount specified by MeNext in accordance with the terms of such plan and these Terms & Conditions. We reserve the right to change MeNext’s prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.You will be responsible for all taxes connected with your purchase, that is sales tax, or similar. This tax may be collected by the spa when the service is completed. MeNext may make promotional offers with different features and different rates to any of its users. Any MeNext booking credits that are offered to users via the Service are not (a) redeemable for cash or cash equivalents, (b) transferrable and (c) applicable toward prior purchases. Other restrictions may apply.
5. No Show Policy
MeNext is committed to providing superior quality services to its Users and Establishments. To assist us in maintaining a consistently high level of service with the participating Establishments and patrons, Users are asked to cancel any appointments that they will be unable to honor at least 24 hours in advance on the day of the appointment. You may cancel your appointment online or call the Establishment directly. In some cases you may be required to cancel your appointment in accordance with that Establishment's individual cancellation policy.
6. Refund Policy:
Any fees that MeNext may charge you for the Service are due immediately and are non-refundable. This no refund policy shall apply at all times, regardless of your decision to terminate your usage, our decision to terminate your usage or disruption caused to the Service for any reason whatsoever. MeNext has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by MeNext, in each case in MeNext’s sole discretion. If you miss an appointment, the salon may charge you a fee in accordance with their cancellation policy. If you are concerned that a salon or spa may charge you a fee according to its cancellation policy, please contact the salon or spa directly. MeNext cannot be held responsible for the accuracy of any cancellation policy information provided by salons or spas for publication on MeNext. We recommend that you contact salons or spas directly for specifics regarding cancellation fees.
7. Usage Guidelines
The Services are being offered to User for User's personal use. User agrees to use the Services only to book appointments at participating Establishments and then honor those appointments by arriving at the Establishment(s) on time and ordering and paying for a service. User further agrees not to book more than one (1) appointment for User's personal use during any one time slot. User may be able to book multiple appointments through MeNext, however they may not be scheduled for the same time. MeNext expressly reserves all its rights and remedies under applicable state and federal law.
Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. MeNext reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel appointments.
8. Referral/Rewards Program
MeNext may offer members the ability to earn credits toward future services booked on MeNext when they invite friends to become members of MeNext and those friends make a qualifying appointment in the required timeframe. You may only earn credits via MeNext's authorized member invite mechanism. Referrals outside of MeNext's authorized channels will not result in any referral credit. You understand that referral credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires one (1) year after issuance. You will only receive credit for the first qualifying appointment made by a friend who makes his or her first appointment on MeNext as a result of an invite from you via a MeNext authorized channel. If your friend does not follow the directions in the invite email to accept the invitation, you may not receive credit, and MeNext will have no liability to you for your friend's failure to follow directions. You agree that having multiple MeNext's accounts is a violation of these Terms of Service and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent MeNext's referral program system may, without limiting any other MeNext rights or remedies, result in forfeiture of your membership and all referral credits in your account. MeNext reserves the right to void referrals and credits earned if it suspects that the referrals or credits were earned in a fraudulent manner, in a manner that violates these Terms of Service or in a manner otherwise not intended by MeNext. You must not conduct your own promotion in connection with our referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of MeNext.
Credits will appear in your account within approximately 48 hours after one of your qualifying invitees makes his or her qualifying booking and that appointment has been completed. Credits earned via MeNext may only be used on MeNext and may not be used toward the purchase of a Gift Card on any other website affiliated with MeNext.
The referral credit program is void where prohibited by law. MeNext reserves the right to modify or terminate the referral credit program at any time, although credits accrued shall be valid for one year from the date of posting. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the credits you have actually earned. MeNext will have no liability for any errors displayed in your account.
9. Email Policy
You may receive periodic emails from MeNext if you opted to receive such email at the time of registration with the MeNext Site. If you would rather not receive email from MeNext, please send an email to info@MeNextBeauty.com and you will be unsubscribed from receiving further mailings. User acknowledges and agrees, however, that User will still receive appointment confirmation emails, appointment change confirmation emails, appointment cancelation confirmation emails and other emails relating to appointments booked by User through MeNext, even if User has opted not to receive periodic email from MeNext.
10. Reviews, Comments, Communications, and Other Content
At MeNext's invitation, User may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Establishments and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. MeNext reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content.
If you do submit material, and unless we indicate otherwise, you grant MeNext a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MeNext for all claims resulting from content you supply. MeNext has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by MeNext in its sole discretion. MeNext takes no responsibility and assumes no liability for any content submitted by you or any third party. In the event any such claim you agree to hold MeNext harmless and indemnified. including reasonable counsel fees and costs.
11. Access and Interferencce
Much of the information on the MeNext Site is updated on a real time basis and is proprietary or licensed to MeNext by its Establishments or third parties. By using the Services, you agree not to:
a. Use any robot, spider, scraper or other automatic device, process or means to access the MeNext Site for any purpose without MeNext's express written permission.
b. Take any action that imposes or may impose (in MeNext's sole discretion) an unreasonable or disproportionately large load on our infrastructure.
c. Implement any manual processes to monitor or copy MeNext Content from the MeNext Site without express written permission.
d. Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the MeNext Site.
12. Liability Limitations
IN NO EVENT SHALL MENEXT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, MENEXT'S SITE OR APPLICATION OR THE MENEXT CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR MENEXT'S SITE OR APPLICATION FOR APPOINTMENTS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY ESTABLISHMENT IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE MENEXT SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, MENEXT'S SITE OR APPLICATION OR THE MENEXT CONTENT. MENEXT IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED ESTABLISHMENT IN WHICH A USER HAS MADE A APPOINTMENT. MENEXT IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER'S VISIT TO AN AFFILIATED ESTABLISHMENT.
13. Disclaimer of Warranty
THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON MENEXT'S SITE OR APPLICATION, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE MENEXT CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. MENEXT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, MENEXT'S SITE OR APPLICATION, THE MENEXT CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
14. Links to Third Party Sites
The MeNext Site may contain hypertext links to Web sites operated by parties other than MeNext. Such hypertext links are provided for User's reference only and MeNext does not control such Web sites and is not responsible for their content. MeNext's inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
16. No Assignment
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by User, but may be so transferred, assigned or delegated by MeNext.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.