Terms and conditions

Last updated : August 1st 2019

This website (hereinafter “Service”) is operated by Book Me.Ink (hereinafter “Book Me.Ink”). On this Service, the terms “we”, “us” and “our” refer to Book Me.Ink. Book Me.Ink offers this Service, including all information, tools and services available to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated in this agreement.

By visiting this Service, purchasing any of our products or booking one of the services available on our Service, you agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including terms, conditions and any additional policies referred to here and / or accessible through a hyperlink. These Terms apply to all users of this Service, including but not limited to users browsing the site, service providers, customers and/or content contributors.

Please read these Terms carefully before accessing or using our Service. If you do not agree to the terms and conditions of this agreement, then you must not access the Service or use the services offered on our Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

All new features and tools that will be added later to this store will also be subject to these Terms.

SERVICE TERMS OF USE

By accepting these Terms, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any dependent minor to use this Service.

Any breach or violation of these Terms will result in the immediate termination of your access to our Service.

We reserve the right to refuse access to the Service at any time to any person for any reason whatsoever.

CREATING AN ACCOUNT AND SUBSCRIBING TO BOOK ME.INK

In order to use our Service as a provider, you must create an account and subscribe to our platform. As a customer, you must create an account. The information you provide to us must be accurate, complete and up-to-date. You agree to promptly update your account or subscription and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.

Password: You agree and understand that you are responsible for maintaining the confidentiality of your account’s password.

You agree to inform us of any unauthorized use of your account at the following email address: support@bmibeta.com

We will not be responsible for any costs, damages or expenses incurred by your inability to maintain the confidentiality of the password associated with your account.

SERVICE MODIFICATIONS

We reserve the right at any time to modify or discontinue the Service (as well as any part or content of the Service) without notice.

We will not be liable to you or any other third party for any price changes, suspension or interruption of the Service.

TERMS AND CONDITIONS OF SERVICES AVILABLE ON BOOK ME.INK

The tattoo services available on our Service may only be reimbursed in accordance with the providers’ refund policies, if applicable. Refunds, if any, are done directly through the providers, not through Book Me.Ink.

The terms and conditions of the tattoo services offered by the providers on our Service are entirely determined by the providers themselves.

We therefore have no control over the rates, deposits, refund policies and appointment cancellation policies of providers who offer their services on Book Me.Ink.

TATOO SERVICES

We have done our best to display as clearly as possible the colors and images of the tattoo design gallery that appear on our Service. We cannot guarantee that the colors displayed by your computer will be accurate. 

All tattoo design descriptions and tattoo design rates may be changed at any time without notice, at the discretion of the providers who make their services and tattoo designs available on our Service. We reserve the right to stop offering a tattoo design at any time.

Providers who make their services and tattoo design available on our Service are fully responsible for them and for the statements made in connection with them. Book Me.Ink, being a booking service, shall not be held responsible for any and all claims in relation to the services being made available on the Service, the tattoo designs uploaded online by providers and the quality of these designs or services.

As a customer, you must take the time to inform yourself about the provider that you decide to do business with and his or her practices (whether the provider has followed hygiene training,  whether he or she has the necessary permits and authorizations to practice his or her profession, etc).

FEES AND PAYMENT

All sales made from our Service are subject to a commission (service fee). When the customer makes a deposit to book an appointment with one of our providers, this service charge is added to the amount of the deposit. Providers also agree to pay a subscription to Book Me.Ink to make their products and services available on our Service.

Any action taken to avoid paying the commission (in particular, the solicitation of customers in private), the subscription or to avoid paying the purchase price of a product, constitutes a violation of these Terms that may lead to the deletion of the user account. Any transaction initiated on the Service must be completed on the Service.

If one of our providers or the customer decides to cancel an appointment, the 2.1% service fee will not be refunded by Book Me.Ink.

PROVIDING SOLD SERVICES

Any attempt to avoid performing a tattoo service sold through Book Me.Ink constitutes a violation of these Terms that may lead to the deletion of the user account.

THIRD-PARTY LINKS

Certain content, products and services available through our Service may include material from third parties.

Links from third parties on this Service may redirect you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or take any responsibility for any content, website, product, service or other item accessible on or from these third-party sites.

We are not responsible for any loss or damage related to the purchase or use of any goods, services, resources, content, or any other transaction made in connection with such third-party websites. Please read carefully the policies and practices of these third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties must be submitted to these same third parties.

SUGGESTIONS

By sending us ideas, suggestions, documents or proposals or other comments (“Comments”), you grant us a non-exclusive, irrevocable, free, perpetual and worldwide license to publish, copy, publish, distribute, sublicense, translate, create derivative works and otherwise use, on any platform, such Comments. By sending these Comments, you waive your moral rights over them and any claim related to said moral rights. You further agree that it is possible that upon receipt of your Comments, we had already considered your Comments in the past or that we are already in the development phase of a project similar to your Comments. Finally, you guarantee that the Comments are in no way subject to an obligation of confidentiality.

CONTENT

By uploading content to our Service, you grant us a non-exclusive, worldwide, royalty-free, perpetual license on such content for use on our Service and for the purpose of promoting our Service in any current or future media.

By subscribing to our Service as a provider, you are granting us a non-exclusive, worldwide, royalty-free, perpetual license on the content you post on your Instagram account for promotional re-publishing on our own Instagram account. We may monitor, modify or delete content that we believe, in our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms.

INTELLECTUAL PROPERTY

Copyright: We are either the owners of the intellectual property rights to the content of our Service, including text in underlying HTML, text, videos, images (including the layout of this Service) or authorized by the owner of the intellectual property rights to this content, to use the content on our Service. All images, videos, content and other elements of which our Service is composed are also protected works, and we (subject to the rights of our licensors under applicable agreements and arrangements) have all rights to them. You must comply with all other notices or other copyright restrictions on our Service. It is forbidden to reproduce, distribute or transmit the copyrighted documents of our Service without first obtaining our permission. You may view on your computer, download or print a copy of the information from our Service for non-commercial purposes only.

Trademarks: All trademarks and logos included in our Service belong to Book Me.Ink or third parties. You may not use them without our express, prior and written consent or that of the relevant third-party.

You agree not to upload or post on our Service any trademarks, copyrighted material or other proprietary information belonging to third parties without the prior written consent of such third parties. We may, in our sole discretion, terminate your access to our Service if you infringe the intellectual property rights of third parties.

If you believe that your work has been illegally uploaded to our Service, you may reach out to us at support@bmibeta.com

PERSONAL INFORMATION

The submission of personal information on our Service is governed by our Privacy Policy. Click here to read it. Personal information provided to providers may only be used to complete transactions made in connection with purchased products or services. As a provider, you are prohibited from disclosing, selling, renting or distributing this information to a third party unrelated to our Service. Moreover, this information cannot be used by a provider for advertising purposes, unless the consent of the user is obtained.

PROHIBITED USES

You are prohibited from using the Service or its contents: (a) for illegal purposes; (b) to induce third parties to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, injure, defame, slander, denigrate, intimidate or discriminate against anyone on the grounds of gender, sexual orientation, religion, ethnicity, race, age, origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will be or may be used in a way that compromises the functionality or operation of the Service or any other related, independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to undermine or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating prohibited uses.

EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

We do not claim or warrant that your use of our Service will be uninterrupted, fast, secure or error-free.

We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or limit access to it without notifying you in advance.

You expressly agree that your use of the Service, or your inability to use the Service, is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided “as is” and “as available” for your use, without representation, without warranties and without conditions of any kind, express or implied, including all implied warranties of merchantability or merchantability, fitness for a particular purpose, durability, title and non-infringement.

Book Me.Ink, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors can under no circumstances be held liable for any injury, infection, sickness, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, income, savings, data, replacement costs or all similar damages, whether contractual, tortious (even in the case of negligence), strict liability or otherwise, resulting from your use of the Service.

More precisely, we cannot be held responsible for improper tattooing, any illnesses, infections or injuries that may result from such tattooing, or for any cancellation made by a customer or provider found on our Service. Please keep in mind that providers are fully responsible for the services they offer through our Service.

INDEMNITY

You agree to indemnify, defend and protect Book Me.Ink, our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees, with respect to any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising from your breach of these Terms or the documents to which they refer, or your violation of any law or third-party rights.

TERMINATION

The obligations and liabilities incurred by the parties prior to the termination date will remain in effect after the termination of this agreement. These Terms are effective unless and until terminated. You may terminate these Terms at any time by telling us that you no longer wish to use our Service, or when you stop using our site. If we determine, in our sole discretion, that you are unsuccessful at complying with the Terms or suspect that you have been unable to comply with them, we may also terminate this Agreement at any time without notice to you in advance. You will remain responsible for all amounts owing up to the date of termination (the date of termination being included). We may also deny you access to our Service (or any part of it).

ENTIRE AGREEMENT

Any failure on our part to exercise or enforce any right or provision of these Terms should not constitute a waiver of such right or provision.

These Terms or any other policy or operating rule that we publish on this Service or in connection with the Service constitute the entire agreement and agreement between you and us, govern your use of the Service, and supersede all communications, proposals and all prior and contemporaneous agreements, oral or written, between you and us (including, but not limited to any prior version of the Terms).

APPLICABLE LAW

These Terms and any other separate agreements through which we provide you with our Service will be governed by and construed in accordance with the laws of the Province of Quebec, Canada.

DISPUTE RESOLUTION

In the event of a dispute arising from the conclusion of these Terms, you agree to attempt to settle it amicably. If a settlement cannot be reached, the dispute will be submitted to the competent court in the judicial district of Montreal, exclusively.

MODIFICATIONS TO THE TERMS

You can view the most recent version of the Terms at any time on this page.

We reserve the right, in our sole discretion, to update, modify, or replace any part of these Terms by posting updates and changes on our Service. It is your responsibility to visit our Service regularly to see if any changes have been made. Your continued use of or access of our Service following the posting of any changes to these Terms constitutes acceptance of those changes.

CONTACT INFORMATION

You may send us your questions about the Terms at the following address: support@bmibeta.com