Terms & Conditions
Please read the following terms and conditions carefully. By accessing our website and booking services you indicate that you understand and agree to the following terms. If you do not wish to agree to these terms, discontinue use of our website and services. Your statutory Consumer Rights are unaffected by this agreement.
Definitions
"Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
"The Company", “Ourselves”, “We” and "Us", refers to our Company.
“Party”, “Parties”, or “Us”, refers to both the client and ourselves, or either the Client or ourselves.
Any use of terminology or other words in singular, plural, capital/lowercase, or personal pronoun (he/she/they) form are taken as interchangeable and are referring to the same definition.
Communications and Notices
Communications and notices provided by Us to You under these terms and conditions will be in writing and may be delivered via email, through our website, or by postal mail if You have provided this information.
You agree to provide us with a valid form of communication (preferably email). You shall assume responsibility for monitoring your chosen method for communication.
Any contact sent by written communication to email will be deemed to have been received on the date sent, unless the sender receives official notification from the service that the email was not delivered.
You agree to notify Us promptly of any changes to your contact information. Notices sent to You at the former communication method within 7 days of notification shall still be considered valid.
Data Collection and Sharing
For information on how we gather, use, and manage data please view our Privacy Policy.
Intellectual Property Rights
Unless otherwise credited or indicated, our website and its contents, writing, video and photo content, code, and graphics are owned or licensed by Blissful Moments and affiliates. None of Our owned content may be copied, uploaded, modified, or distributed without our prior written consent. You must not copy, redistribute, or otherwise exploit our website and its contents for a commercial purpose.
Our company logo, name (as registered for our LLC “Blissful Moments Hair & Tanning”), and symbols (not otherwise expressed to belong to another entity, company, or person) have been designated protections under common law, unfair competition laws, and the Lanham Act. Use of these properties within the geographical operating area of The Company may result in infringement action taken.
We do not own the rights to any third-party content that may appear or be linked on our website and ownership belongs to the respective parties.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
Acceptable Use
You must not use our website in a way that will or can cause damage to our website, accessibility to it, or in any other way that may be unlawful, harmful, or fraudulent.
You must not use any data collection software or conduct data collection activities on or in relation to our website, which includes but is not limited to scraping, data mining, data extraction, and harvesting.
You must not use our website for any marketing or commercial communication purposes without our express written consent.
You must not use our website to host, copy, send, use, or transmit any material which consists of or is linked to any spyware, Trojan Horse, worm, keystroke logger, rootkit, or other malicious software.
Terminations
We reserve the right to terminate accounts at any time if the user is not in compliance with our terms & conditions. We are not responsible for any data lost upon the termination of any accounts, or any damages relating to or arising from the termination of account.
Booking Service Terms
Reservations for appointments must be made through our booking form on our website or by contacting Us directly to be seen as a valid reservation. By booking an appointment, you certify that you are at least 18 years of age or have express permission from a parent or guardian to be receiving services.
For appointments marked with a deposit fee (any appointment over $100 in value or cost), the fee must be paid for the appointment to be honored. The deposit will be counted towards your total appointment cost if You successfully arrive and complete your scheduled appointment.
When booking an appointment, you acknowledge that prices listed are estimates based on average service costs (as disclosed on our booking page) and may not reflect Your total cost of service dependent on variables such as materials, time, add-on services, and any additional fees that may apply.
Once your booking is confirmed, You will receive a confirmation email detailing your reservation, payment received, and any additional information necessary for your visit.
Cancellations and reschedules must be made in writing to karriesblissfulmoments@gmail.com or done directly through our website up to 24 hours before the date of your appointment. Rescheduling is subject to availability and may incur additional charges (for change in appointment type or service specifically). You will not be able to cancel or reschedule your appointment through our website directly once You are within 24 hours of the date of your appointment.
The following cancellation rules apply:
Cancellation within 24 hours of initially booking your appointment will allow for a full refund of deposit or pre-paid service.
Any cancellation after the initial 24 hour grace period will result in your deposit being kept. If the service is pre-paid then the amount of the deposit will still be kept but the remaining service charge will be refunded.
Any cancellation within 24 hours of your appointment will be subject to a 50% service charge unless otherwise pardoned by Us through written communications.
Unless previously discussed and pardoned through written communication by us, we may not accept clients later than 15 minutes as we must stick to a strict schedule. Please reach out as soon as You are aware You will be late, and we will do our best to accommodate You. You agree to be responsible for service charges associated with your appointment in the case that your appointment is terminated or rescheduled by us due to late arrival.
Failure to communicate a cancellation or reschedule, and failure to show for an appointment without valid reason that is expressly pardoned by Us will be subject to a full-service charge, and a potential ban from creating further appointments with Us.
We reserve the right to cancel, reschedule, or otherwise adjust appointments as needed, and will reach out to You through written communication to notify You of the change.
We reserve the right to change prices for our services, types of services, or our booking system at any time.
Liability Release
By using our services, You acknowledge that You understand the inherent risks associated with the services We provide. You voluntarily assume all risks, whether known or unknown, associated with your participation in these services.
To the fullest extent permitted by law, We shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including reasonable attorney’s fees related to or arising from Your use of, or inability to use, Our website, booking, and services.
This Company does not however exclude liability for death and personal injury caused by gross negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Waiver
The failure of either Party to enforce or insist upon the terms of this agreement shall not be construed as a waiver of the rights outlined by these terms, nor does it waive the ability to exercise or enforce these terms at any time thereafter. No waiver of the terms under this agreement shall be valid unless expressly stated to be a waiver and given in the form of written communication.
Force Majeure
In the event that either one or both Parties fails to perform an obligation stated under any agreement due to unforeseen events beyond the control of either party, whether natural or man made, such as (but not limited to) war and political insurgence, or flooding and earthquakes, neither party shall be liable to the other. The affected Party or Parties agree to inform the other, and take all reasonable action to follow the terms listed in this agreement to the best of their ability given the circumstances.
Dispute Resolution
Before initiating any legal action, You agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, or your use of our services through informal negotiation. You must send a written notice of the dispute to Blissful Moments at karriesblissfulmoments@gmail.com. The notice must include your name, contact information, and a brief description of the dispute.
Governing Law and Jurisdiction Clause
These terms and conditions are governed by, and construed and interpreted in accordance with the laws of the State of Massachusetts, United States of America without regard to the choice or conflict of law principles thereof.
The Parties agree that for any matter elevated to a court of law in connection with these terms or the relationship or agreement defined within, will be handled and disputed by Palmer District Court, and then escalated as appropriate if resolution cannot be met there.
Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it valid, legal, and enforceable. If no modification is possible, the condition shall be severed from this agreement. The remaining provisions of these Terms and Conditions shall remain in full force and effect, and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.
Right To Vary Terms & Conditions
Blissful Moments reserves the right to change or adapt these conditions as We see fit. Your continued use of the site and Company services upon the posting of these changes will indicate your acceptance of the updated terms. With any changes we will notify You either through the personal contact information You have provided, or through an announcement on our website.
If You have any concerns or questions regarding our terms and conditions please reach out to us through our contact page or by the company email provided to You.