This User Agreement (the "Agreement") and the policies referred to herein contain
the complete terms and conditions that apply to your use of the appointment services
(the "Services") being offered at the URL:
http://www.kuyam.com
and all affiliated web sites owned and operated solely
by Kuyam (collectively, the "Website"). As used in this Agreement, "Kuyam" refers
to Kuyam Companies, Inc. and any of its subsidiaries, and "User" or "you" refers
to you. USE OF THE SERVICES AND THE WEBSITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT
OF THIS USER AGREEMENT, KUYAM’S PRIVACY POLICY, KUYAM’S SERVICES LISTINGS, AND KUYAM’S
TERMS AND CONDITIONS.
Kuyam may modify this Agreement's terms and conditions at any time without notice.
Continued use of the Services and the Kuyam Website after a change in this Agreement,
a change in the Privacy Policy, a change in the Services Listings, or after implementation
of any other new policy constitutes acceptance of such change or policy.
The Services are offered subject to acceptance, without modification, of all of
the terms and conditions contained herein (the "Terms of Use"), which term also
incorporates the Privacy Policy and Services Listings available at
http://www.kuyam.com
,
and all other operating rules, policies and procedures that may be published from
time to time on the Website, each of which is incorporated by reference and each
of which may be updated by Kuyam from time to time without notice to you. In addition,
some services offered through the Services may be subject to additional terms and
conditions promulgated by Kuyam from time to time; your use of such services is
subject to those additional terms and conditions, which are incorporated into these
Terms of Use by this reference.
The Services are available only to individuals who are at least 18 years old. You
represent and warrant that if you are an individual, you are of legal age to form
a binding contract, and that all registration information you submit is accurate
and truthful. Company may, in its sole discretion, refuse to offer the Services,
or suspend or terminate the Services to any person or entity and may change its
eligibility criteria at any time. This provision is void where prohibited by law
and the right to access the Services is revoked in such jurisdictions. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT,
PLEASE DO NOT USE THIS SITE.
1. What we do
Kuyam provides services to Users for the purpose of assisting Users in securing
appointments at participating companies and independent contractors (individually,
a “Company” and collectively, “Companies”). In addition, the Website provides an
online calendaring service that allows Users to keep track of the events in their
life. In response to a User's online request for an appointment, the Website or
Kuyam’s employee directly contacts a third party Company representative or a Company’s
computerized database of appointments. The availability of appointments is determined
at the time of the User's query. Once an appointment is confirmed by a Company,
Kuyam will provide confirmation of the appointment to the User by email and/or other
means of mutually acceptable communications between Kuyam’s platform and its Users.
At this time, Kuyam’s Services will be free of charge to Users; however, Kuyam may
impose a service charge in the future. By using the Services, the User agrees to
receive appointment confirmations by email and/or other means of mutually acceptable
communications after booking an appointment through the Website.
2. No Show Policy
To assist us in maintaining a consistently high level of service with the participating
Companies, Users are asked to review each third party Company’s cancellation policies
prior to scheduling an appointment with them through Kuyam. You may cancel your
appointment online via Kuyam or call the business directly. In cases where the business
has requested a credit card, there may be a cancellation charge, depending on each
particular business’ individual policy. A same day cancellation, unless otherwise
provided for in the Company’s cancellation policy, is a violation of Kuyam’s terms
of use and will be deemed a no-show.
If you are unable to keep your appointment and you fail to timely cancel the appointment,
Kuyam will send you an email and/or other means of mutually acceptable communications
letting you know that our records indicate that you were a no-show. By using the
Services, the User agrees to receive no-show confirmations by email and/or other
means of mutually acceptable communications after a business and/or the Website
reports your appointment was not honored, whether or not that was in fact the case.
Your Kuyam account may be terminated if you are a no-show for three appointments
within the same twelve-month period. The User agrees that a final no-show determination
will be made by Kuyam in its sole discretion.
3. Privacy Policy
Kuyam is committed to safeguarding your privacy online. Please review our privacy
policy.
4. Usage Guidelines
The Services are being offered to Users for the User's personal use or the use of
the User's immediate family or on behalf of authorized persons. The User agrees
to use the Services only to book appointments at a participating business and to
honor those appointments by arriving at the business on time and paying for the
services rendered. The User further agrees not to book more than one (1) appointment
for a single User's personal use during any one time slot. Resale or attempted resale
of appointments is prohibited, and is grounds for, among other things, cancellation
of the appointment, in addition to all 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. Kuyam reserves the right, in its sole discretion,
to refuse service, suspend or terminate accounts, remove or edit content, or cancel
appointments.
5. Email Policy
You may receive periodic emails from Kuyam if you opted to receive such emails at
the time of registration with the Website. If you would rather not receive email
from Kuyam, please send an email to
unsubscribe@kuyam.com
and you will be unsubscribed
from receiving further mailings after your email has been processed. The User acknowledges
and agrees, however, that the User will still receive appointment confirmation emails,
no-show confirmation emails, appointment change confirmation emails, appointment
cancellation confirmation emails and other emails relating to appointments booked
by the User through the Website, even if the User has opted not to receive periodic
email from Kuyam. Please see our Privacy Policy for information as to when Kuyam
shares your personal information.
6. Intellectual Property and Grant of Rights to Users
The materials and services provided for and depicted on the Website are protected
by copyright, trademark, patent and other intellectual property laws. All text,
graphics, video, data or other content on the Website ("Kuyam Content") is provided
to the User by Kuyam for the sole purpose of using the Services. The User shall
not copy, display, modify, create derivative works of, publish, or sell the Kuyam
Content or any information, software, or services provided by Kuyam hereunder. The
Kuyam Content may be modified from time to time by Kuyam in its sole discretion.
Except as expressly set forth herein, no license is granted to the User for any
other purpose, and any other use of the Services or the Kuyam Content by the User
shall constitute a material breach of this Agreement. Nothing in this Agreement
shall affect any rights of Kuyam or its licensors in the Services or Kuyam Content,
and any associated patents, trademarks, copyrights, mask work rights, trade secrets
or other intellectual property rights. No license, right or interest in any trademarks
of Kuyam or any third party is granted under this Agreement. Nothing in this Agreement
shall affect any rights of Kuyam or its licensors in the Services or Kuyam Content,
and any associated patents, trademarks, copyrights, mask work rights, trade secrets
or other intellectual property rights. No license, right or interest in any trademarks
of Kuyam or any third party is granted under this Agreement.
7. Reviews, Comments, Communications, and Other Content
At Kuyam’s invitation, the 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 businesses 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, or false advertising. You may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead as to the
origin of content. Kuyam 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 you grant Kuyam a nonexclusive, perpetual, royalty-free,
irrevocable, and fully sublicensable and transferrable 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,
defend and hold Kuyam and its officers, directors, and employees, harmless from
and against for all claims, damages, costs and expenses resulting from content you
supply. Kuyam 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 Kuyam in its sole discretion. Kuyam
takes no responsibility and assumes no liability for any content submitted by you
or any third party.
You may browse the Website and view Content without registering, but as a condition
to using certain aspects of the Services, you may be required to register with Kuyam.
You agree to provide Kuyam with accurate, complete, and updated registration information.
Failure to do so shall constitute a breach of the Terms of Use, which may result
in immediate suspension or termination of your account. You shall not (i) select
or use as a User ID or domain a name of another person with the intent to impersonate
that person; (ii) use as a User ID or domain a name subject to any rights of a person
other than you without appropriate authorization; or (iii) use as a User ID or domain
a name that is otherwise offensive, vulgar or obscene. Kuyam reserves the right
to refuse registration of, or cancel a User ID and domain in its sole discretion.
You are solely responsible for activity that occurs on your account and shall be
responsible for maintaining the confidentiality of your password. You shall never
use another User’s account without such other User’s express permission. You will
immediately notify Kuyam in writing of any unauthorized use of your account, or
other account related security breach of which you are aware.
8. Access and Interference
Much of the information on the Website is updated on a real time basis and is proprietary
or licensed to Kuyam by third parties. By using the Website, you agree not to: /c
* Use any robot, spider, scraper or other automatic device, process or means to
access the Website for any purpose without Kuyam's express written permission.
* Take any action that imposes or may impose, in Kuyam's sole discretion, an unreasonable
or disproportionately large load on our infrastructure.
* Implement any manual processes to monitor or copy the Kuyam Content from the Website
without Kuyam's express written permission.
* Utilize any device, software or routine that will interfere or attempt to interfere
with the functionality of the Website
9. Liability Limitations
IN NO EVENT SHALL KUYAM 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, THE WEBSITE OR THE KUYAM CONTENT, (II) ANY FAILURE
OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT
OF THE SERVICES OR THE WEBSITE OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY
BUSINESS IN CONNECTION WITH THE SERVICES, OR (IV) A USER’S VISITING TO AN AFFILIATED
BUSINESS. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD
PARTY DIRECTING USERS TO THE WEBSITE 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, THE WEBSITE OR THE KUYAM CONTENT.
10. Disclaimer of Warranty
THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE
WEBSITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE KUYAM CONTENT, ARE
PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. KUYAM DISCLAIMS
ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE WEBSITE,
THE KUYAM 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.
11. Links to Third Party Sites
The Website may contain hypertext links to websites operated by parties other than
Kuyam. Such hypertext links are provided for the User's reference only and Kuyam
does not control such websites and is not responsible for their content. Kuyam's
inclusion of any hypertext links to such websites does not imply any endorsement
of the material on such websites or any association with their operators.
12. Severability
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.
13. No Assignment
This Agreement and the rights granted and obligations undertaken hereunder may not
be transferred, assigned or delegated in any manner by the User, but may be so transferred,
assigned or delegated by Kuyam.
14. Waiver
This Agreement and the rights granted and obligations undertaken hereunder may not
be transferred, assigned or delegated in any manner by the User, but may be so transferred,
assigned or delegated by Kuyam.
15. Jurisdiction
This Agreement is made under and shall be governed by and construed in accordance
with the laws of State of California, U.S.A., without regard to any choice of law
provisions. The parties hereby consent to the jurisdiction of the state and federal
courts located in Los Angeles County, California.
Last Updated: September 9, 2012
This Privacy Policy discloses the privacy practices for the Kuyam website located
at
www.kuyam.com
and all affiliated web sites owned and operated solely by
Kuyam (collectively, the "Website"). Kuyam Companies, Inc., a California corporation,
the provider of the Website (referred to as “us” or “we”), is committed to protecting
your privacy online. Please read the following to learn what information we collect
from you (the “User”) and how we use that information. If you have any questions
about our privacy policy, please email us at
support@kuyam.com
.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS
OF THIS PRIVACY POLICY, OUR WEBSITE TERMS OF USE AND THE SERVICES LISTINGS. IF YOU
DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE.
1. Changes to Privacy Policy
We reserve the right to modify our privacy policy at any time, so please review
it frequently. If we make material changes to our privacy policy, we will post the
changes on this Privacy Notice.
2. Types of Information Collected and Uses of Collected Information
We collect two types of information about our Website Users: Personally Identifiable
User Information and Non-Personally User Identifiable Information.
Personally Identifiable User Information
Personally Identifiable User Information is information that identifies a specific
User. When you engage in certain activities on the Website, such as creating an
account, ordering a product or service from us or our partners, submitting content
and/or posting content in discussion forums, entering a contest or sweepstakes sponsored
by us or our partners, filling out a survey, posting a review, sending us or our
partners feedback, requesting information about our services, submitting an affiliate
agreement, applying for a job, posting a video or signing up for special offers
from third parties through the Website (collectively, “Personal Identification Activities”),
we may ask you to provide certain information about yourself. It is optional for
you to engage in a Personal Identification Activity. If you elect to engage in a
Personal Identification Activity, however, we may ask you to provide us with certain
personal information about yourself, such as your first and last name, mailing address
(including zip code), email address, telephone number, date of birth and gender.
When you order products or services, we may also ask you to provide us with your
credit card number, expiration date and authentication codes or related information.
Depending on the activity, some of the information we ask you to provide is identified
as mandatory and some is identified as voluntary. If you do not provide the mandatory
information for a particular activity that requires it, you will not be permitted
to engage in that activity.
We use Personally Identifiable User Information to provide products and services
to you, administer sweepstakes and contests, enhance the operation of the Website,
improve our marketing and promotional efforts, analyze Website use, improve our
product and service offerings, and to tailor your experience with third parties
as provided in Item 3 of this Privacy Policy. For example, if you send our customer
service an email we may use your name and comments and feedback to tell others about
our services, and may post your name and comment in our marketing materials or on
our Website. In addition, if you use our Website to send information or a product
to another person, we may store your personal information. We may also use Personally
Identifiable User Information to troubleshoot, resolve disputes, accomplish administrative
tasks, contact you, enforce our agreements with you, including our Website Terms
of Use and this Privacy Policy, comply with applicable law, and cooperate with law
enforcement activities.
Non-Personally User Identifiable Information
Non-Personally Identifiable User Information is information that does not identify
a specific User. This type of information may include things like the Uniform Resource
Locator (“URL”) of the website you visited before coming to our Website, the URL
of the website you visit after leaving our Website, the type of browser you are
using and your Internet Protocol (“IP”) address. We, and/or our authorized Third
Party Service Providers and Advertisers, may automatically collect this information
when you visit our Website through the use of electronic tools like Cookies and
Web beacons or Pixel tags, as described in Items 4 and 8 of this Privacy Policy.
We use Non-Personally Identifiable User Information to troubleshoot, administer
the Website, analyze trends, gather demographic information, comply with applicable
law, and cooperate with law enforcement activities. We may also share this information
with our authorized Kuyam Service Providers, Third Party Service Providers and Advertisers
to measure the overall effectiveness of our online advertising, content, and programming.
3. Release of Personally Identifiable User Information
We will not share, sell, rent, or trade your Personally Identifiable User Information
with other parties except as provided below:
We will share Personally Identifiable User Information with companies on your behalf
to schedule appointments that you have requested.
From time to time, we provide offers from particular merchants (referred to as “Kuyam
Service Providers”) who, as part of the offer, request information on Kuyam customers
who purchased the offer in order to aid redemption. In those cases, we share some
of your Personally Identifiable User Information with Kuyam Service Providers. Sharing
this Information may allow a Kuyam Service Provider to market directly to you should
they choose to do so. However, we will only share Personally Identifiable User Information
with a Kuyam Service Provider if you engage in a Personal Identification Activity,
and then only to the Kuyam Service Provider involved in that Personal Identification
Activity. We specifically disclaim any responsibility or liability for the actions
of such Kuyam Service Provider. While we inform Kuyam Service Providers that they
are only permitted to communicate with you for the purposes of the specific promotion
with Kuyam, we do not have any responsibility for the actions of the Kuyam Service
Providers and the actions of the Kuyam Service Providers are not in our control.
We may share your Personally Identifiable User Information with Authorized Third
Party Service Providers. We provide services and products through third parties.
These “Third Party Service Providers” perform functions on our behalf, like sending
out and distributing our Personally Identifiable User Information administrative
and promotional emails. We may share your Personally Identifiable User Information
with such Service Providers to fulfill orders, deliver packages, send postal or
email, administer contests or sweepstakes, remove repetitive information on customer
lists, analyze data, provide marketing assistance, provide search results and links,
process credit card payments, operate the Website, troubleshoot, and provide customer
service. We may also collect personal information from individuals and companies
(“Affiliates”) with whom we have business relationships and may share your Personally
Identifiable User Information with Service Providers to accomplish our administrative
tasks. For example, when you order a service, we release your credit card information
to the card-issuing bank to confirm payment for the service and, if applicable,
release your address to the delivery service to deliver the service. Likewise, we
may release an Affiliate’s information to our bank to send out a payment. We encourage
Kuyam Service Providers and Third Party Service Providers to adopt and post privacy
policies. However, the use of your Personally Identifiable User Information by such
parties is governed by the privacy policies of such parties and is not subject to
our control.
We may remarket your information. Remarketing is a way for us to connect with users,
based upon your past interactions with the Kuyam website. Third-party marketing
vendors may be hired by Kuyam to perform remarketing services. As a result, third-party
vendors, including Google, may show Kuyam ads on sites on the internet. Third-party
vendors, including Google, use cookies to serve ads based on a user's prior visits
to Kuyam's website.
Users may opt out of Google's use of cookies by visiting the Google advertising
opt-out page at
http://www.google.com/privacy_ads.html
. This information is used only for
remarketing purposes and will not be used by them for any other purpose.
We may share your Personally Identifiable User Information in a Business Transfer.
As with any other business, we could merge with, or be acquired by another company.
If this occurs, the successor company would acquire the information we maintain,
including Personally Identifiable User Information. However, Personally Identifiable
User Information would remain subject to this Privacy Policy.
We may share your information for our protection and the protection of others. We
reserve the right to disclose your Personally Identifiable User Information as required
by law and when we believe that disclosure is necessary to protect our rights and/or
comply with a judicial proceeding, court order, or legal process served on our Website;
enforce or apply this Privacy Policy, our Website Terms of Use or other agreements;
or protect the rights, property or safety of the Website, its Users or others.
4. Release of Non-Personally Identifiable User Information
We may disclose or share Non-Personally Identifiable User Information with Partners,
Affiliates and Advertisers. For example, we may share aggregated demographic information
(which does not include any Personally Identifiable User Information) with “Third
Party Advertisers” or “Third Party Advertising Companies” and other parties as provided
below:
We use Third Party Advertising Companies to serve ads when you visit our Website.
These companies may use Non-Personally Identifiable User Information about your
visits to this and other websites in order to provide, through the use of network
tags, advertisements about goods and services that may be of interest to you. Some
of these Third Party Advertising Companies may be advertising networks that are
members of the Network Advertising Initiative (“NAI”). If you would like more information
about any NAI member company, or you would like to opt-out of targeted advertising
from any NAI member company, click here:
http://www.networkadvertising.org/consumer/opt_out.asp
We also use Third Party Service Providers to track and analyze Non-Personally Identifiable
User Information usage and volume statistical information from our Users to administer
our Website and constantly improve its quality. We may also publish this information
for promotional purposes or as a representative audience for Advertisers. Please
note that this is not Personally Identifiable User Information, only general summaries
of the activities of our Users. Such data is collected on our behalf, and is owned
and used by us.
5. Updating and Correcting Information
We believe that you should have the ability to access and edit the Personally Identifiable
User Information you provide us. You may change any of your Personally Identifiable
User Information by logging into your account and accessing the "settings" section
of the site, sending us an email at
support@kuyam.com
or writing to us at 2500 Broadway, Suite F-125,
Santa Monica, CA 90404. Please indicate your name, address and email address, and
what information you would like to update when you contact us.
We encourage you to promptly update your Personally Identifiable User Information
if it changes. You may ask to have the information on your account deleted or removed;
however, because we may keep track of past transactions, you cannot delete information
associated with past transactions on the Website. In addition, it may be impossible
for us to completely delete all of your information because we periodically backup
information.
If you choose to store credit card information on the site, this is stored on a
secure page and you may delete your credit card information at any time by going
to the "settings" section of your profile.
6. User Choices on Collection and Use of Information
As discussed above, you can always choose not to provide information, although it
may be required to engage in a certain activity on the Website.
As a condition of purchase of our products and services, we will send you Administrative
and Promotional emails. We will send you information regarding your account activity
and purchases as well as updates about our products and promotional offers. You
cannot opt-out of Administrative Emails. “Administrative Emails” relate to a User’s
activity on the Website, and include emails regarding a particular User’s account,
requests or inquiries, and purchases of products and services. In contrast to Administrative
Emails, however, you do have a choice with respect to Promotional Emails. Promotional
Emails advertise our products and services, including exclusive sales and other
offers, and/or the products and services of our Advertisers and Affiliates. If you
do not want to receive Promotional Emails from us, you may elect to opt-out of receiving
Promotional Emails at any time after registering by e-mailing us at support@kuyam.com, by writing to us at the
address contained herein, or by hitting the “unsubscribe” button at the bottom of
any of our Promotional Emails. When contacting us, please indicate your name, address,
email address, and what Promotional Emails you do not want to receive.
7. Security of Information
We take security seriously and take numerous precautions to protect the security
of Personally Identifiable User Information. You can access your Personally Identifiable
User Information on our Website through a password and your email address. This
password is encrypted. We recommend that you do not share your password with anyone.
In addition, your Personally Identifiable User Information resides on a secure server
that only selected personnel and contractors have access to. We encrypt certain
sensitive information (such as credit card information) using Secure Socket Layer
(SSL) technology to ensure that your Personally Identifiable User Information is
safe as it is transmitted to us.
Unfortunately, no data transmission over the Internet or any wireless network can
be guaranteed to be 100% secure. As a result, while we employ commercially reasonable
security measures to protect data and seek to partner with companies which do the
same, we cannot guarantee the security of any information transmitted to or from
the Website, and are not responsible for the actions of any third parties that may
receive any such information.
8. Data Tracking
Cookies. To facilitate and customize your experience with the Website, we store
cookies on your computer. Cookie is a small text file that is stored on a User’s
computer for record-keeping purposes which contains information about that User.
We use cookies to save you time while using the Website, remind us who you are,
and track and target User interests in order to provide a customized experience.
Cookies also allow us to collect Non-Personally Identifiable User Information from
you, like which pages you visited and what links you clicked on. Use of this information
helps us to create a more user-friendly experience for all visitors. In addition,
we may use Third Party Advertising Companies to display advertisements on our Website.
As part of their service, they may place separate cookies on your computer. We have
no access to or control over these cookies. This Privacy Policy covers the use of
cookies by our Website only and does not cover the use of cookies by any Advertiser.
Most browsers automatically accept cookies, but you may be able to modify your browser
settings to decline cookies. Please note that if you decline or delete these cookies,
some parts of the Website may not work properly.
Other Tracking Devices
We may use other industry standard technologies like pixel tags and web beacons
to track your use of our Website pages and promotions, or we may allow our Third
Party Service Providers to use these devices on our behalf. Pixel tags and web beacons
are tiny graphic images placed on certain pages on our Website, or in our emails
that allow us to determine whether you have performed a specific action. When you
access these pages or open or click an email, pixel tags and web beacons generate
a Non-Personally Identifiable notice of that action. Pixel tags allow us to measure
and improve our understanding of visitor traffic and behavior on our Website, as
well as give us a way to measure our promotions and performance. We may also utilize
pixel tags and web beacons provided by our Affiliates and/or Marketing Partners
for the same purposes.
9. Privacy Policies of Third Party Websites
This Privacy Policy only addresses the use and disclosure of information we collect
from you on the Website. Other websites that may be accessible through the Website
have their own privacy policies and data collection, use and disclosure practices.
If you link to any such website, we urge you review the website’s privacy policy.
We are not responsible for the policies or practices of third parties.
10. Miscellaneous Privacy Issues
Children. Minors under the age of 18 may not use the Website. We do not knowingly
collect personal information from anyone under the age of 18, and no part of the
Website is designed to attract anyone under the age of 18. Kuyam does not sell products
for purchase by children. In certain instances, we sell children's products for
purchase by adults. If a parent provides Personally Identifiable User Information
about their child, we will not knowingly provide such information to our Affiliates
and/or Marketing Partners.
Public Areas
We may provide areas on our Website where you can publicly post information about
yourself, can communicate with others such as discussion boards or blogs, or can
review products, services and submit media content. This information may be accessible
by other consumers and companies and may appear on other websites or web searches,
and therefore this information could be read, collected, and used by others. For
example, if you post your email address along with a public service provider review,
you may receive unsolicited messages. We have no control over who reads your postings
or what other users may do with the information you voluntarily post, so please
use caution when posting any personal information.
Notice of Privacy Rights to California Residents
California law requires that we provide you with a summary of your privacy rights
under the California Online Privacy Protection Act (the “Act”) and the California
Business and Professions Code. As required by the Act, we will provide you with
the categories of Personally Identifiable User Information that we collect through
the Website and the categories of third party persons or entities with whom such
Personally Identifiable User Information may be shared for direct marketing purposes
at your request. California law requires us to inform you, at your request, (1)
the categories of Personally Identifiable User Information we collect and what third
parties we share that information with; (2) the names and addresses of those third
parties; and (3) examples of the products marketed by those companies. The Act further
requires us to allow you to control who you do not want us to share that information
with. To obtain this information, please send a request by email or standard mail
to the address found below. When contacting us, please indicate your name, address,
email address, and what Personally Identifiable User Information you do not want
us to share with Affiliated Businesses or Marketing Partners. The request should
be sent to support@kuyam.com
and labeled “California Customer Choice Notice.” Please allow 30 days for a response.
Also, please note that there is no charge for controlling the sharing of your Personally
Identifiable User Information or requesting this notice.
11. Contacting Us
Whether you’re a new or loyal customer, service provider, marketer, publisher, media
member or job seeker, we’d like to stay connected and want to hear from you!
Kuyam Companies, Inc. (d/b/a Kuyam) 2500 Broadway, Suite F-125
Santa Monica, CA 90404
support@kuyam.com
Last Updated: September 9, 2012
As a User with a verified Company profile, you may create Listings. To this end,
you will be asked a variety of questions about the Company to be listed, including,
but not limited to, the type of business, duration of services, number of available
slots per appointment and/or the name or number of employees, along with the availability
of the Company and pricing and related rules and financial terms. In order to be
featured in Listings via the Website, Kuyam may require verification of the Company’s
valid physical addresses and/or phone number. Users will be able to book with a
Listed Company via the Website, based upon the information provided in the Listing.
You understand and agree that once a User requests an appointment with your Company
(an “Appointment Booking”), the price for the Services requested in the Appointment
Booking may not be altered.
You understand and agree that Kuyam does not act as an insurer or as a contracting
agent for you as a Company. If a User requests an Appointment Booking with your
Company and receives services at or from your Company, any agreement you enter into
with such User is between the Company and the User and Kuyam is not a party thereto.
Notwithstanding the foregoing, Kuyam serves as the limited authorized agent of the
Company for the purpose of accepting payments from Users on behalf of the Company
and is responsible for transmitting such payments to the Company.
Appointment Bookings For Services
If an Appointment Booking is requested during the Company’s listed business hours
and the requested Appointment Booking is for a time within 24 hours of the time
of the request, the Company is required to confirm or reject the booking within
60 minutes of the time the Appointment Booking is made or the Appointment Booking
request will be automatically cancelled. If an Appointment Booking is requested
during the Company’s listed business hours, and the requested Appointment Booking
is for a time more than 24 hours after the time of the request, the Company is required
to either confirm or reject the booking within 90 minutes of the time the Appointment
Booking is requested or the Appointment Booking request will be automatically cancelled.
If an Appointment Booking is requested after the Company’s listed business hours,
the Company is required to either confirm or reject the Appointment Booking within
60 minutes of the Company’s opening for business on the day following the day the
Appointment Booking is requested or the Appointment Booking request will be automatically
cancelled. When an Appointment Booking is requested via the Website, Kuyam will
share with the Company the provided name of the User who has requested the appointment
booking. If the Company does confirm an Appointment Booking within the applicable
time period, any amounts collected by Kuyam for the requested Appointment Booking
will be refunded to the applicable User’s credit card and any pre-authorization
of such credit card will be released.
Services Fees
The fees displayed in each Listing (“Services Fees”) are the amounts due to the
Company for its services, which will include Kuyam’s Appointment Fee as well as
any third party processing fees. Where applicable, taxes will be charged in addition
to the Services Fees. The Services Fees and applicable taxes are collectively referred
to in these Terms as the “Total Fees”.
Services of Kuyam as Payment Agent for Company
Each Company hereby appoints Kuyam as the Company’s limited agent solely for the
purpose of collecting the Total Fees payable by Users to the Company. Each Company
agrees that payment made by a User to Kuyam shall be considered the same as a payment
made directly to the Company and the Company will make the Services available to
the User in the same manner as if the Company had directly received the Services
Fees. Each Company agrees that Kuyam will, in accordance with the cancellation policy
selected by the Company and reflected in the relevant Listing, (i) permit the User
to cancel an Appointment Booking accepted by the Company, and (ii) refund to the
User that portion of the Services Fees specified in the applicable cancellation
policy. In accepting appointment as the limited authorized agent of the Company,
Kuyam assumes no liability for any acts or omissions of the Company.
Listing Fees
Kuyam does not currently charge fees for the creation of Listings. However, you
acknowledge and agree that Kuyam reserves the right, at any time in its sole discretion,
to charge for and collect fees for the creation of Listings. Kuyam will provide
notice of any Listing fee via the Website prior to implementing or changing a Listing.
Booking and Financial Terms for Users
The Company, not Kuyam, is solely responsible for honoring each confirmed Appointment
Booking and making available any appointment reserved through the Website, email,
text message and/or a phone call. If you, as a User, choose to make an appointment
for the Company’s services, you agree to accept any terms, conditions, rules and
restrictions associated with such appointment imposed by the Company. You acknowledge
and agree that Kuyam is not responsible for the performance of services by the Company,
and that Kuyam’s sole obligation is to act as the Company’s payment agent for the
limited purpose of accepting payments from you on behalf of the Company. Upon your
payment of amounts to Kuyam which are due to the Company, your payment obligation
to the Company for such amounts is extinguished, and Kuyam is responsible for remitting
such amounts, less Kuyam’s Appointment Fees and/or any third party processing fees,
to the Company. In the event that Kuyam does not remit any such amounts to a Company,
such Company will have recourse only against Kuyam.
Listings for Appointments will specify the Total Fees. As noted above, the Company
is required to confirm an Appointment Booking within a specified time period or
the requested Appointment Booking will be automatically cancelled. If a requested
Appointment Booking is cancelled, any amounts collected by Kuyam will be refunded
to such User and any pre-authorization of such User’s credit card will be released,
if applicable.
You agree to pay Kuyam the Total Fees for all Appointment Bookings you request if
such requested Appointment Bookings are confirmed by the applicable Company. In
order to request an Appointment Booking, you understand and agree that Kuyam, on
behalf of the Company, reserves the right, in its sole discretion, to (i) obtain
a pre-authorization via your credit card for the Total Fees, or (ii) charge your
credit card a nominal amount, not to exceed One Dollar ($1) to verify your credit
card. Once Kuyam receives confirmation of your Appointment Booking from the applicable
Company, Kuyam will collect the Total Fees in accordance with the terms and conditions
of these Terms and the pricing terms set forth in the applicable Listing. Please
note that Kuyam cannot control any fees that may be charged to a User by his or
her bank related to Kuyam’s collection of the Total Fees, and Kuyam disclaims all
liability in this regard, including fees for dishonored payments. In connection
with your requested Appointment Booking you will be asked to provide customary billing
information such as name, billing address and credit card information either to
Kuyam or its third party payment processor. You agree to pay Kuyam for any confirmed
Appointment Bookings made in connection with your Kuyam Account in accordance with
these Terms by one of the methods described on the Website. e.g. by PayPal or credit
card. You hereby authorize the collection of such amounts by charging the credit
card provided as part of requesting the Appointment Booking, either directly by
Kuyam or indirectly, via a third party online payment processor or by one of the
payment methods described on the Website. If you are directed to Kuyam’s third party
payment processor, you will be subject to terms and conditions governing use of
that third party’s service and that third party’s personal information collection
practices. Please review such terms and conditions and privacy policy before using
the services. Once your confirmed Appointment Booking transaction is complete you
will receive a confirmation email, text message or a phone call (as determined by
Kuyam in its sole discretion) confirming your Appointment Booking.
Appointment Fees
In consideration for providing the Services, Kuyam collects a fee from the Company
(“Appointment Fee”). The Appointment Fee is equal to Five percent (5.0%) of the
Services Fees plus $0.99, not to exceed $9.95 per Appointment Booking.
Where applicable, taxes and third party processing fees will also be charged in
addition to the Appointment Fee. The Appointment Fee and any third party processing
fees are deducted from the Services Fees before remitting the Services Fees to the
Company. Kuyam will pay the Company the Net Services Fee as follows: (a) fifty percent
of the Net Services Fee will be paid approximately within two business days of each
completed Appointment Booking for Total Fees received by Kuyam, and (b) the balance
of the Net Services Fees shall be payable approximately on or before two weeks following
the first payment is made to the Company. As used herein, Net Service Fees shall
mean the Total Fees less Kuyam’s Appointment Fee, third party processing fees, applicable
taxes and any chargebacks. Kuyam shall pay the Company by PayPal or other payment
method mutually agreed to by Kuyam and the Company.
Cancellations and Refunds
If a Company cancels a confirmed Appointment Booking made via the Website, email,
text message and/or a phone call, (i) Kuyam will refund the Total Fees for such
booking to the applicable User within a commercially reasonable time of the cancellation.
If a Company cancelled a confirmed booking and you, as a User, have not received
an email or other communication from Kuyam, please contact Kuyam at support@kuyam.com.
If you do not show up for a confirmed Appointment Booking, the Appointment Fee is
not refundable and the Company’s policies will determine if the Services Fee is
refundable.
Donations
A Company may pledge to donate a portion of the Services Fees they receive from
confirmed Appointment Bookings made via the Website, email, text message and/or
a phone, to a particular cause or charity. Kuyam does not control, and will not
take any responsibility or liability for, whether the Company does in fact make
such donation it pledged to make.
Taxes
You understand and agree that you are solely responsible for determining your applicable
tax reporting requirements in consultation with your tax advisors. Kuyam cannot
and does not offer tax-related advice to any Users of the Website. Each Company
is responsible for determining federal, state and local taxes relating to its services
and for including any applicable taxes to be collected or obligations relating to
applicable taxes in Listings.
