TERMS OF SERVICE


PLEASE READ THIS CAREFULLY BEFORE USING THIS WEBSITE.

On-Call Hair & Makeup, LLC operates this website (the "website" or "oncallhm.com" or "On-Call Hair & Makeup") as a service to its customers, suppliers, and the general public, subject to the following terms and all modifications thereto, in addition to guidelines that may be published from time to time by On-Call Hair & Makeup, LLC. ("Terms")

By entering and/or using this and other websites owned, operated and maintained by On-Call Hair & Makeup, LLC or its affiliates, you, the user, are deemed to have agreed to comply with and be bound by the Terms. On-Call Hair & Makeup, LLC reserves the right to modify them at any time and without actual notice to you. You should check these Terms periodically for changes. All such changes to these Terms (including Terms applicable to websites of our affiliates) will appear on this website. By entering and/or using this website following any modifications to the Terms, you agree to be bound by any such modifications to the Terms.

Privacy Policy: https://www.oncallhm.com/help-support/privacy-policy.html
Copyright Policy: https://www.oncallhm.com/help-support/copyright-policy.html
Terms of Use: https://www.oncallhm.com/help-support/terms-of-use.html

YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS.



"oncallhm.com" or "On-Call Hair & Makeup" (hereinafter referred to as the “Website”, "We", "Us", or "Our") is owned and operated by On-Call Hair & Makeup, LLC (hereinafter referred to as the “Company”), with its office located at 3 Sugar Creek Center Blvd, Suite 100, Sugar Land, Texas 77478 - USA. The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). A Freelancer is also referred to as a “Professional" on our website and related materials.

"oncallhm.com" or "On-Call Hair & Makeup" is an online Website via which customers can browse a list of hair and makeup services from the list of freelancers that are listed on our Website (hereinafter referred to as the “Services”). Customers, looking for custom or unique services, can post projects on the Website. Freelancers can advertise their serives and apply to projects.

By using the Website, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Website and Services and all Collective Content, and constitute a binding legal agreement between you and us. Please read carefully these Terms and our Privacy Policy, which may be found at https://www.oncallhm.com/help-support/privacy-policy.html, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website. Failure to use the Website in accordance with these Terms may subject you to civil and criminal penalties. We have no control over the conduct of users of the Website and services, and disclaim all liability in this regard.

The use of this Website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the "Terms"). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the "Terms of Use" link that appears at the bottom of the Website.

This Website reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Website fraudulently. This Website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.

PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US.

  1. DEFINITIONS:
    • "Agreement" means the terms and conditions as detailed herein including all Exhibits, privacy policy, other policies mentioned on the Website and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
    • “Freelancer” shall mean the professionals who create an account on the website to list themselves on the website in order to provide its services to the customers who book their services through their website.
    • “Customer” shall mean individuals who create an account on the website in order to avail the services of the Freelancers who are listed on the website.
    • “Users”/ “You”/ “Your” shall include the Customers and the Freelancers.
    • “Account” means the account which Users have to create in order to use the services provided by our Website.
    • “Content” means all information, data, images, documents, files, scripts, applications, electronic media, logos, text, webpage and any other file or data or similar material to each of the foregoing which is uploaded, posted, published, shared, distributed, disseminated or incorporated, processed or entered into, onto or via the Services. 
    • “User content” shall mean all Content that a user uploads, publishes/posts, submits or transmits to be made available through our Website.
    • “Our Website Content” shall mean all Content that our Website makes available through the Website or Services, including any Content licensed from a third party, but excluding user Content.

  2. ELIGIBILITY:
    • You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state and national laws, rules and regulations.
    • Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Our Website reserves the right to terminate your membership and refuse to provide you with access to the Website if we discover that you are under the age of 18 years.
    • The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service.
    • Except where additional terms and conditions are provided which are services specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our Website you agree to be bound by the Terms and Conditions.

  3. REGISTRATION:
    • In order to avail our services or in order to list itself as business entity, it is mandatory for the users to create an account on our Website.
  1. Accounts:
  1. If Users want to sign up with us and create an account directly on our Website then User must register for an account with us (an "Account") and provide certain personal information including personal information such as name, email address, username and password.
  2. In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep the information accurate. If you create an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business.
    • You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Our Website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your Website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
    • You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.

4.4 When creating an Account, don’t:

  1. Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
  2. Use a username that is the name of another person with the intent to impersonate that person;
  3. Use a username that is subject to rights of another person without appropriate authorization; or
  4. Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
    • We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at This email address is being protected from spambots. You need JavaScript enabled to view it.
    • You may not transfer or sell your On-Call Hair  Makeup account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
    • Our Website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our Website reserves the right to refuse service to anyone, for any reason, at any time.
    • One individual can own only one account in his/her name.
    • You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our Website’s policies as stated in the Agreement and the Website policy documents listed on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.

  5. SERVICES:
    • Users can through our Website review the Freelancers that are listed on our Website, avail the services offered by the Freelancers that are listed on the Website.
    • The Website is currently offering its services to the Customers without charging any fee but the Website reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in order to avail services offered on the Website or any other aspect of the Website anytime in future.
    • The Freelancer after completing the registration will be listed on the Website to enable the Customer to choose from the list of freelancers listed on the Website.
    • The Customers after creating an account on the Website will be entitled to post the projects on the Website which would mention the budget of the Customer and the set of skills that the Customer requires..
    • Upon successful posting of the project on the Website by the Customer, the Freelancer would bid for the Project and the Customer shall be entitled to the Freelancer from the list of Freelancers whop have bid for the Project at its sole discretion.
    • The Customer may at its sole discretion view the various freelancers that are listed on the Website and can make an offer to a freelancer directly.
    • The Freelancer shall be under the obligation to provide the services mentioned by the Customer in the project listing at the home or the venue mentioned by the Customer.
    • If the Customer feels that the services provided by the Freelancer are not up to the satisfaction of the Customer, the Customer may for the time being withhold the payment of the Freelancer and may report the issue to the Website. The Website shall look into the matter and take a decision respectively. Under such circumstances the decision of the Website shall be binding.

  6. PAYMENTS
    • The Freelancers shall at the time of registration subscribe to a plan from the list of plans offered by the Website.
    • The Customer shall pay the Website through the integrated payment system provided by the Website thereto in lieu of the services provided by the Freelancer after the Freelancer has provided the services to the satisfaction of the Customer.
    • The website in lieu of the services provided to the Freelancer, shall be entitled to collect as project commission an amount equivalent to 10% of the total amount paid by the Customer to the Website for the services provided by the Freelancer.
    • The project commission shall be paid by the Freelancer within a period of 1 day from the date of receipt of the payment by the Website.
    • Our Website uses third party payment providers to receive payments from users. We are not responsible for delays or erroneous transaction execution due to payment issues. We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
    • Users understand and expressly authorize us to collect payment from or charge from the PayPal account or other payment methods provided by the Website for providing our services.
    • Our Website reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever.
    • All transactions are completed through secure third party payment gateways and at no point of time we assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. Users agree that users shall hold us harmless against any such dispute or legal claim.

  7. NO GUARANTEE:
    • We shall not be responsible for the quality of services offered by the Freelancer and do not verify any Freelancer's compliance with applicable laws. In addition, our Website does not guarantee the quality of the services provided by the Freelancer.
    • In addition, our Website does not independently verify representations made by Freelancer regarding their services, including without limitation any Business-level descriptors or disclosures.

  8. USER WARRANTIES:
    • You agree to take particular care when providing us with your details and warrant that these details are accurate and complete. You also warrant that the PayPal account details that you provide is your own account and that you have sufficient funds to make the payment.

  9. FRAUDULENT/DECLINED TRANSACTIONS:
    • Our Website reserves the right to recover the cost of services, collection charges and lawyers' fees from persons using the Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website and any other unlawful act or acts or omissions in breach of these terms and conditions.
    • We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the present limit mutually agreed by us with our acquiring bank from time to time.

  10. ACCESS TO THE SERVICE:
    • Our Website grants you a non-transferable, non-exclusive, license to use the Services solely for (a) your personal, noncommercial or (b) your commercial use in accordance with the applicable restrictions outlined in then-current pricing list if you have subscribed to the Services as a commercial user. If at any time our Website reasonably believes in its sole discretion that you are using the Service beyond this scope, we may terminate your access to the Service with no additional liability to you. The rights granted to you in these Terms are subject to the following restrictions:
  1. you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
  2. you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services;
  3. you shall not access the Services in order to build a similar or competitive service; and
  4. except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Website or Services shall be subject to the terms of this Agreement.
  • Your license to use our Website is automatically revoked if you violate these Terms. We hereby reserve all rights not expressly granted in these Terms.
  • While using our Website, you agree not to:
  1. Defame, abuse, harass, threaten or otherwise violate the rights of others, including, without limitation, others' privacy rights or rights of publicity;
  2. Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
  3. Restrict or inhibit any other user from using our Website, including, without limitation, by means of "hacking" or defacing any portion our Website;
  4. Violate any applicable laws or regulations;
  5. Upload to, submit to, transmit through, or display on our Website (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  6. Engage in spamming;
  7. Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
  8. Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Website; and
  9. Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Website.
    • If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Website.

  10. PROHIBITED CONTENT:
    • You agree not to:
  11. Record, transmit, submit, upload or otherwise make available any Content in the form of information on admission forms, feedbacks, chats etc. that is unlawful, harmful, threatening, abusive, harassing, lewd, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  12. Harm minors in any way; and post anything that is biased or irrelevant;
  13. Impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  14. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any of our messages or Content transmitted through our Website;
  15. Record, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement);
  16. Record, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
  17. Record, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  18. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
  19. Intentionally or unintentionally violate any applicable local, state, national law and any regulations having the force of law;
  20. “Stalk” or otherwise harass another;
  21. Collect or store personal data about any other members or users;
  22. publicly (feedbacks/comments) post information that poses or creates a privacy or security risk to any person (including, for example, by publicly posting any person's contact information on our Services without authorization) or publicly post any review etc. with an intention to extract money from any business.
    • You acknowledge that while we do not, in the ordinary course, access, review, or pre-screen Content, we have the right (but not the obligation), in our sole discretion, to access, review, pre-screen, refuse, or remove any Content that is available via our Website. Without limiting the foregoing, we have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. We also reserve the right to access, preserve, and disclose any Content or information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including, but not limited to, investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to member or user support requests, or (e) protect the rights, property, or safety of our Website, its members, users, and the public.

  23. MATERIALS SUBMITTED BY USER:
    • You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any service you request or to show you how your User Submitted Materials would appear in our products or services.
    • All User content is your sole responsibility. This means that you, and not we, are entirely responsible for all User content that you upload, post, transmit or otherwise make available via the Web Website. If you post personal information in Community User Forums or on other publicly available areas of the Web Website, then you may receive unsolicited messages from third parties. Our Website cannot ensure the security of any information you post on publicly available areas of the Web Website.

  24. REVIEWS, FEEDBACK, SUBMISSIONS:
    • All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
    • We are and shall be under no obligation (1) to maintain any feedback/Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
    • You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
    • If you submit a review, you represent and warrant that you are the sole author of that review and the review reflects an actual experience that you had.
    • The reviews or ratings submitted by the User reflect the sole opinion of the User. Every reviews or post made available by the User reflects the sole opinion and experience of the User thereto and we shall not be held responsible for the same if it is found to be incorrect. Our Website is a neutral facilitating Website, which solely provides a means of communication between users and Businesses.

  25. LINKS TO THIRD PARTY WEBSITES:

Links to third party Websites on this Website are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this Website, you do this entirely at your own risks.

  1. TERMINATION:
    • You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page.
    • We may, at any time and without notice, suspend, cancel, or terminate your right to use the Website (or any portion of the Website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
    • Without limiting the foregoing, we may close, suspend or limit your access to our Website:
      • if we determine that you have breached, or are acting in breach of, this Agreement;
      • if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
      • if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
      • to manage any risk of loss to us, a User, or any other person; or
      • For other similar reasons.
    • If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.

  2. INDEMNIFICATION:

You agree to defend, indemnify and hold harmless our Company/Website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our Website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

  1. LIMITATION OF LIABILITY:
    • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. WE SHALL ALSO NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF MEMBERS AND OTHER USERS OR THIRD PARTIES; (D) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
    • THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ANY OF THE WEBSITE ENTITIES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    • IF ANY OF THE ABOVE LIMITATIONS DOES NOT APPLY TO YOU BECAUSE YOU ARE ACCESSING WEBSITE FROM A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW.

  2. DISCLAIMER OF WARRANTIES:
    • ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
    • We make no warranty that the Website or Services will meet your requirements, or that the Website and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Website or Services, or that defects in the Website or Services will be corrected. You understand and agree that you will be solely responsible for any damage to your device or loss of data that results from the download of any material and/or Content. No advice or information, whether oral or written, obtained by you from us through the Website, Services or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.
    • We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer constitutes an essential part of this terms of use. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
      • Your use of or your inability to use our Website, Services and tools;
      • Delays or disruptions in our Website, Services, or tools;
      • Viruses or other malicious software obtained by accessing our Website, Services, or tools or any Website, Services, or tool linked to our Website, Services, or tools;
      • Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
      • The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
      • A suspension or other action taken with respect to your account; and
      • The duration or manner in which, as a User, you upload, download, store and share file/content.
    • Our Website periodically schedules system downtime for the Websites for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Websites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Websites, any Internet service providers or otherwise.

  3. SITE SECURITY:
  • You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
  • We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us at This email address is being protected from spambots. You need JavaScript enabled to view it. upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the app, your Account or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
  1. GOVERNING LAWS AND JURISDICTION:
    • These Terms and any action related thereto will be governed by the laws of the state of Texas, United States of America.
    • Users agree to submit to the exclusive jurisdiction of the courts in the state of Texas, United States of America in relation to proceedings arising out of this agreement.

  2. DISPUTE RESOLUTION:
    • DISPUTE BETWEEN WEBSITE AND USERS:

In case of any dispute with us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

The venue for arbitration shall be the state of Texas, United States of America and the language used for arbitration shall be English. The award of the arbitration shall be binding on both, you and us.

To learn more about frequently asked questions, please read our FAQs here

  • DISPUTE BETWEEN CUSTOMERS AND FREELANCERS

We shall not be responsible for any dispute between Customer and Freelancer or between any two users thereto.

Such dispute shall be between the Users and the Users shall themselves resolve the same without involving us in between.

  1. PRIVACY:

All Personal Information and User Generated Content provided to or displayed on the Website and Services are subject to our Privacy Statement.

  1. NOTICE
    • By using the Website and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website and Services.
    • You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
    • Notice will be deemed received and properly served immediately when posted on the Website and Services, 24 hours after an email is sent. As proof of service, it is sufficient that:

(a) the email was sent to the specified email address.

  1. NO WAIVER IMPLIED:

The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

  1. SEVERABILITY:

Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.

  1. ASSIGNMENT:
    • You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
    • We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
  2. PARTNERSHIP OR AGENCY:

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Website and you shall have no authority to bind us in any form or manner, whatsoever.

  1. FORCE MAJEURE:

We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:

(a) acts of god;

(b) natural disasters;

(c) sabotage;

(d) accident;

(e) riot;

(f) shortage of supplies, equipment, and materials;

(g) strikes and lockouts;

(h) civil unrest;

(i) Computer hacking; or

(j) malicious damage.

  1. ELECTRONIC COMMUNICATION:
    • By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and/or start using our services.
    • In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Website, you give us permission to provide these records to you electronically instead of in paper form.
    • By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
    • In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Website or by contacting Customer Support.
  2. LEGAL COMPLIANCE
    • In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful. 
    • You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the Website are lawful.
  3. ENTIRE AGREEMENT:

These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.

  1. CONTACT US:

For any further clarification of our Terms and Conditions, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. or by Mail at On-Call Hair & Makeup, LLC - 3 Sugar Creek Center Blvd, Suite 100, Sugar Land, TX 77478 - USA

 

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©2018-2019 On-Call Hair & Makeup, LLC. All Rights Reserved.
7324 Southwest Fwy, Suite 1476 - Houston, Texas 77074, USA

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