Anamel Beauty-on-Demand App

Terms of Service

Welcome to Anamel beauty on demand mobile application (“Anamel”). The app is an online platform through which persons seeking certain beauty and salon Services (each, a “Client”) can find and connect with professional providers of those Services (each, a “Beautician”), and Beauticians can post, acquire and connect with Clients. The following terms and conditions (“Terms”) govern your use of Anamel (the “App”), to provide or receive beauty or salon Services made available through the App.

Nothing in these Terms shall be construed as making Anamel the partner, joint venturer, agent, legal representative, employer, contractor, or employee of any other party. Anamel does not take part in, nor is Anamel in any way responsible for, any interactions or negotiations between Clients and Beauticians, except to the extent necessary to maintain the App. Any interaction between you and any other individual or entity through the App or arising out of your use of the App, including any interactions between Clients and Beauticians, is solely between you and that other individual or entity. Anamel expressly disclaims any responsibility for any interactions between Clients and Beauticians.

By accessing, viewing, or using the content, material, or Services available on or through the App, you indicate, on behalf of yourself and any company or business entity on whose behalf you are using the App, that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use the App and must exit immediately.


Any personal information that you provide to Anamel on the App is subject to our Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein.

License to use the App

Subject to these Terms, Anamel hereby grants you a single, limited, terminable, revocable, royalty-free, non-exclusive, nontransferable, nonsublicenseable license to access and use the App solely for informational purposes. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the mobile device, hardware, systems software, telecommunications applications and providers, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, any software, applications or other materials, including the App, made available to you is the copyrighted work of Anamel or its affiliates, or its or their licensors. Copying or distributing the App or the App Materials associated with the App is expressly prohibited.

Registration

In order to access certain contents, Services, the App, or benefits on the App, you may be asked to register and create an account. By registering an account on the App, you represent that you are at least 18 years of age or older. You are fully responsible for your account, including the use of the account by any third party, and maintaining the confidentiality of your password.

As part of the registration process, you may be asked to select a user name and password, and may be required to provide Anamel with certain information about yourself including some types of personally identifying information, such as your email and your address, and information regarding your employer, employment history, and other credentials. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. By registering to the App, you hereby authorize Anamel to verify any representations and warranties you make either pursuant to these Terms or within any materials submitted during the registration process, including conducting background checks, contacting any provided references or affiliations, and reviewing public records. You acknowledge that while Anamel reserves the right to verify these representations and warranties, Anamel is not obligated to do so, and may choose not to do so, in Anamel’s sole discretion.

Depending on your intended uses of the App, you may be asked to designate your account as either a Client Account (i.e., for Clients) or a Beautician Account (i.e., for Beauticians). Your obligations and rights under these Terms may vary depending on whether you registered as a Client or a Beautician.

Purchases

Some products or Services made available on the App, including the Services of a Beautician, may be available for purchase. All payments for any Services made available through the App must be made through the payment methods provided on the App, and in no event shall any payments be made directly or indirectly to any Beautician or other provider of any Services other than through the App.

By purchasing products or Services made available through the App, you represent that you are 18 years of age or older and that you will comply with all the specified processes and procedures for redeeming your purchase. Anamel uses a third party payment processor to process credit card transactions made through the App. If you purchase products or Services from Anamel or make any payments via the App with your credit card, the credit card information that you submit to Anamel will be protected by encryption, such as with the Secure Socket Layer (“SSL”) protocol. Encryption decreases the likelihood that your credit card information will be stolen or intercepted during transmission.

You are responsible for all the charges incurred under your account, whether made by you or another person using your account. If for any reason Anamel does not receive a payment for a purchase, Anamel may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the App or the purchase or any products or Services made available through the App, including sales, use, and excise taxes (excluding only taxes on Anamel’s net income). To the extent that Anamel is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are final, and any refunds will be in Anamel’s sole discretion.

In accordance with Anamel’s Remittance Policy, which is incorporated into these Terms by reference, as if set forth fully herein, Anamel will remit to Beauticians payments made by Clients to Anamel for the applicable Beautician’s Service, less any Facilitation Fees (as described in the Remittance Policy) owed to Anamel, two business days after completion of the Services and Anamel’s receipt of all amounts due from the applicable Client. Any amounts due to a Beautician will be based on the fees associated with the Services performed by that Beautician and calculated in accordance with the Remittance Policy incorporated above. Beauticians agree not to collect any payments for any Services provided to Clients outside the payment methods described herein. Beauticians further acknowledge that they are not eligible to participate in or receive any pension, health, or other benefits plan of Anamel, and that Anamel is in no way obligated to acquire any Workers’ Compensation Insurance associated with their Services. Unless otherwise provided in a written agreement with Anamel, Anamel is in no way responsible for any travel or other expenses related to any of the Services performed by any Beautician.

Unauthorised Activities

You agree that you will not use the App for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including to import, export, copyright, and trademark laws); (b) contacting any other user of the App who has requested not to be contacted; (c) stalking or harassing anyone; (d) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the App Materials, unless otherwise authorized by these Terms or in a separate written agreement with Anamel; (e) attempting to gain unauthorized access to Anamel’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the App or any Services provided through the App; (f) data mining, scraping, robots, or for releasing spiders, crawlers or any other data gathering or extraction tools, except to the extent the App are indexed by general purpose consumer accessible search engines, including Google, Yahoo, MSN, or Bing; (g) promoting any effort to compete with Anamel, including using the App to provide, alone or in combination with any other product or service, any service to any third party or any use that causes a reduction or loss of business for Anamel as related to an existing or potential customer; (h) cheating or plagiarizing; (i) any resale or commercial use of the App, the App Materials, or the User Content; (j) using the App to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including any commercial purposes; or (k) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the App aimed at preventing or restricting the unauthorized use of the App or any of the App Materials. You agree to use the App only for the purpose and manner for which it was specifically designed; any other use of the App or App Materials without prior written permission of Anamel is strictly prohibited. You acknowledge and agree that the unauthorized use of the App or the App Materials could cause irreparable harm to Anamel, and that in the event of such unauthorized use, Anamel shall be entitled to an injunction in addition to any other remedies available at law or in equity.

Rules for Beauticians

Each Beautician must be: (a) a citizen of, or legally authorized to work in, the countries where Anamel is licensed to operate, with no disqualifying prior criminal record including prior convictions for offenses involving dishonesty or violence; (b) fully experienced, skilled and qualified to perform the Services; (c) able to perform any of the Services under this Agreement without creating a conflict with, or breach of, any contract, relationship or understanding to which he or she is a party; and (d) comply with all the federal, state, and local statutes, regulations, rules, ordinances, and orders of any governmental body or agency, including those relating to the delivery of the Services to the Clients.

Beauticians must maintain a current and accurate profile that promotes a fair playing field and provides a safe, simple, and positive experience for all users of the App, including Clients. Your profile must not include any inappropriate language, any misleading titles that do not accurately describe the Services you offer as a Beautician, or any links to third party websites or Services. Beauticians may not solicit Clients to pay additional fees, including travel fees, or use other payment methods not specifically permitted by Anamel as approved payment methods.

You acknowledge that all the business opportunities generated through the App constitute extremely valuable assets of Anamel, and that Anamel is entitled to and should protect those assets. As such, you agree, during the time when you are registered with the App and for three years thereafter, not to, in any manner, directly or indirectly, whether as owner, partner, stockholder, contractor, agent, consultant or otherwise: (i) provide any Services to any Client you first connected with through the App, other than through the App; (ii) induce or attempt to induce any Client (or any person who had been a Client, at any time during your registration with the App) to terminate any relationship with Anamel or to seek Services outside of the App; or (iii) solicit, recruit, hire, engage, or otherwise employ or retain any current Beautician to provide Services outside of the App. You further acknowledge that any breach of this Section 5 would cause immediate and irreparable harm to Anamel, and that Anamel shall be entitled to an injunction restraining such breach, in which case no bond or other security shall be required in connection therewith. In addition, you acknowledge that the damages for such breach are difficult to ascertain and that Anamel shall be entitled to recover as liquidated damages all of the amount of fees, compensation, commissions or other remuneration earned by you (including amounts paid to your then employers, partners or joint venturers) as a result of any such breach.

Intellectual Property

As between you and Anamel, Anamel owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the App (“App Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the App Materials. All App Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any App Materials. As between you and Anamel, all names, trademarks, service marks, certification marks, symbols, slogans, or logos appearing on the App are proprietary to Anamel or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Unless expressly written otherwise by Anamel, you do not have any rights of any kind in or to the App Materials, other than the right to use the App Materials in accordance with these Terms.

Certain features of the App may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to the App (“User Content”). By contributing User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the App and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.

You retain all right, title and interest in and to the User Content that you submit and all intellectual property rights embodied therein. Upon your submission of User Content or other material or information to Anamel, you grant Anamel a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the App violate your intellectual property or other rights, please follow our Complaint Procedure in Section 13 of these Terms.

Third Party Websites and Content

Anamel is a private company and is not affiliated with any Client or Beautician. The App may contain links to other websites or feature Services of third parties for the convenience of users: (a) in locating information, App, or Services that may be of interest; or (b) with performing or receiving the Services, and complying with any requirements associated with such transactions. The use of such third party links or third party Services on or made available through the App is entirely at your own risk. Anamel does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of App or Services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party websites or Services is at your own risk, and subject to the terms and conditions of such third parties. Anamel does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the App.

Confidentiality

You hereby acknowledge that the confidential business materials and other non-public information, including, but not limited to, financial information, business relationships, and other trade secrets (“Confidential Information”) of Anamel may be disclosed to you during your use of the App or during your use of or performance of the Services. You will not, at any time, during or after the term of this Agreement, directly or indirectly, copy, use, disclose, release or publish any such Confidential Information, except as expressly required or authorized by Anamel. You will exercise reasonable precautions in maintaining the confidentiality of Anamel’s Confidential Information, and will not disclose such Confidential Information to third parties without Anamel’s express written permission. Because the life of Confidential Information may extend indefinitely, this provision shall continue perpetually.

Disclaimer

Anamel, its subsidiaries, affiliates, and licensors, are not responsible for and do not guarantee the accuracy or completeness of any App Materials, User Content, App, data, Services (whether performed by Anamel or any third party), links, advertisements, or other items contained within or made available through the App. For avoidance of doubt, Anamel disclaims any and all responsibility for the Services or App provided by any Beautician, and Anamel disclaims any and all responsibility for the failure of any Beautician to perform any Services or provide any goods. Anamel reserves the right to immediately remove any App Materials or User Content for any reason, or for no reason. Anamel cannot and does not review all communications or App made available on or through the App, but, although not obligated to, may review, verify, make changes to or remove any User Content, App Materials, the App or Services made available in connection with the App, including information submitted in connection with the App Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all the risks associated with the use of the App, App Materials, User Content, or Services and that you may not rely on such App, App Materials, User Content, or Services.

THE APP, THE APP MATERIALS, USER CONTENT, SERVICES, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE APP ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE APP IS ENTIRELY AT YOUR OWN RISK. ANAMEL AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE APP, THE USER CONTENT, THE APP MATERIALS, SERVICES, APP, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE APP, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE APP, THE APP MATERIALS, SERVICES, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE APP, IS WITH YOU.

LIMITATION OF Liability

ANAMEL AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE APP, THE USER CONTENT, THE APP MATERIALS, SERVICES, DATA, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE APP, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR ANAMEL HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ANAMEL AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE APP, USER CONTENT, THE APP MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE APP, OR THE SERVICES, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE APP AND THE SERVICES AND APP. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF ANAMEL AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS. If you are dissatisfied with the App or with any of these Terms, or feel Anamel has breached these Terms, your sole and exclusive remedy is to discontinue using the App.

Indemnification

You shall indemnify Anamel and its directors, officers, employees, agents, contractors and licensors (“Anamel Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the App and your use of the App, the App Materials or any Services, product or data obtained through the App, your fraud, violation of law, negligence, willful misconduct, or any other use of the App, the User Content, the App Materials, the Services, App, information and other materials on, in and made available through the App, (except to the extent attributable to Anamel), or any breach by you of these Terms and shall indemnify and hold Anamel Indemnities harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Anamel. Anamel or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Anamel or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Anamel, subject to the right of Anamel to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.

Internet Security

Anamel uses reasonable efforts to ensure that the App is generally available. However, there will be occasions when access to the App will be interrupted or unavailable. Anamel will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Anamel shall not be liable to you for any modification, suspension, or discontinuance of the App. You understand that the technical processing and transmission of any content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our App will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Anamel via the App or the internet, including, for example, personal information such as your name or address.

Complaint Procedures

If you believe that any content or postings on the App violates your intellectual property or other rights, please notify Anamel via e-mail to anamelapp@hotmail.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

Changes to these Terms; Termination

Anamel reserves the right at any time to modify, alter or update these Terms. Anamel will notify you on the App or by email of any new or revised Terms, including information regarding the location of the new or revised terms and conditions. Your use of the App following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the App before the change was made. It is the obligation of users visiting the App before the change to learn of changes to the Terms since their last visit. Anamel may suspend or terminate your account and/or your ability to use the App, or any Services on the App for failure to comply with these Terms, for providing Anamel with untrue or inaccurate information about yourself, for infringement upon Anamel proprietary rights, or for any other reason whatsoever or for no reason.

Assignment

You may not transfer or assign any of your rights or obligations hereunder to any other party in any manner (by assignment, operation of law or otherwise) unless you have obtained written consent from Anamel. If you attempt to transfer or assign any of your rights or obligations hereunder without Anamel’s consent, the transfer or assignment will be ineffective, null, and void (and you will be in material breach of these Terms).

Dispute Resolution

You and Anamel each agree that any and all disputes or claims that have arisen or may arise between you and Anamel relating in any way to or arising out of these Terms, your use of or access to the App, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The United Arab Emirates Arbitration Law governs the interpretation and enforcement of this agreement to arbitrate. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. The arbitrator, and not any federal or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of these Terms, including, but not limited to, any claim that all or any part of this agreement to arbitrate or these Terms is void or voidable. The arbitration will be conducted by Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC). Arbitration shall be venued in Abu Dhabi City, UAE, unless Anamel, in its sole discretion, elects otherwise. If the value of the relief sought is $10,000 or less, you or Anamel may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Anamel subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Anamel may attend by telephone, unless the arbitrator requires otherwise.

YOU AND ANAMEL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ANAMEL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER ANAMEL USERS.

A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). A Notice to Anamel should be sent to Anamel, Salam Tower, Unit No. 701, Salam Street, Abu Dhabi, UAE. Anamel will send any Notice to you to the physical address we have on file associated with your Anamel account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Anamel are unable to resolve the claims described in the Notice within thirty days after the Notice is sent, you or Anamel may initiate arbitration proceedings. The party initiating the arbitration must mail a copy of the completed arbitration initiation form to the opposing party. In the event Anamel initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Anamel account. Any settlement offer made by you or Anamel shall not be disclosed to the arbitrator.

The arbitrator will decide the substance of all claims in accordance with the laws of the United Arab Emirates, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Anamel users, but is bound by rulings in prior arbitrations involving the same Anamel user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by ADCCAC rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Anamel will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Anamel should be submitted by mail to ADCCAC along with your Demand for Arbitration and Anamel will make arrangements to pay all necessary fees directly to the ADCCAC. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Anamel will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Anamel for all fees associated with the arbitration paid by Anamel on your behalf that you otherwise would be obligated to pay under ADCCAC rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to the Anamel account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and Anamel prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Anamel. We will notify you of amendments to this agreement to arbitrate by posting the amended terms on the App at least thirty days before the effective date of the amendments and by sending notice via email to your email address on file with us. If you do not agree to the amended terms, you may close your account within the thirty day period and you will not be bound by the amended terms.

Why A Beautician Can Be Banned From Anamel

If you are a Beautician, and your account is temporarily blocked or deactivated, it limits your ability to earn income. That’s why we believe it is important to have clear policies that explain the circumstances in which you may be denied access to Anamel, and how (if at all) you can use the app again. There will always be unforeseen events that may ultimately lead to you losing access to your Beautician account — and we’ll update this policy regularly — but the following are sufficient cause for Anamel to take action: quality; safety; fraud; and discrimination.

Assignment

If you are a Beautician, and your account is temporarily blocked or deactivated, it limits your ability to earn income. That’s why we believe it is important to have clear policies that explain the circumstances in which you may be denied access to Anamel, and how (if at all) you can use the app again. There will always be unforeseen events that may ultimately lead to you losing access to your Beautician account — and we’ll update this policy regularly — but the following are sufficient cause for Anamel to take action: quality; safety; fraud; and discrimination.

Quality-1

Customers who use Anamel expect their Beauticians to arrive on time, and also to be courteous and professional. The higher the quality of the service, the more customers want to purchase Services, which in turn means more opportunities for Beauticians to earn money. Poor service has the opposite effect over time. There are several ways we measure Beautician quality, with the most important being Star Ratings and Cancellation Rate.

Star Ratings-1

After every service, Beauticians and customers are able to rate each other on a scale of one to five stars, as well as give feedback on how the service went. This two-way system holds everyone accountable for their behavior. Accountability helps create a respectful, safe environment for both Beauticians and customers. What leads to you losing access to your account?

There is a minimum average rating in each city. This is because there are cultural differences in the way people in different cities rate each other. We will alert you over time if your rating is approaching this limit, and you’ll also get information about quality improvement actions that may help you improve. However, if your average rating still falls below the minimum after multiple notifications, you will lose access to your account.

Cancellation Rate

A Beautician cancellation is when you accept an appointment request and then cancel the service. Cancellations create a poor customer experience and negatively affect other Beauticians. We understand that there may be times when something comes up and you have to cancel an accepted appointment. But minimizing cancellations is critical for the reliability of the system.

What leads to you losing access to your account?

Each city has a maximum cancellation rate, based on the average cancellation rate of Beauticians in that area. We will alert you multiple times if your cancellation rate is much higher or if you are consistently canceling more often than other Beauticians in your city, after which you may be logged out of the app. If your cancellation rate continues to exceed the maximum limit, you may lose access to your account.

Quality-2

High acceptance rates are a critical part of reliable, high-quality service, but not accepting appointment requests does not lead to permanent loss of your account.

Consistently accepting appointment requests helps maximize earnings for Beauticians and keeps the system running smoothly. We know that sometimes things come up that prevent you from accepting every appointment request, or you may want to take a break. But not accepting appointment requests causes delays and degrades the reliability of the system. If you don’t want to accept appointments, just log off.

If you consistently decline appointment requests, we will assume you do not want to accept more Services and you may be logged out of the app.

Safety

Anamel uses technology to keep Beauticians and customers safe, for instance by GPS-tracking every appointment and allowing customers to share their journeys in real time with families or friends. This is all backed up by a robust system of pre-screenings of Beauticians. We also have a dedicated incident response team on call 24/7 to investigate safety incidents.

Actions that threaten the safety of Beauticians and customers will be investigated and, if confirmed, lead to permanent deactivation of your account.

What leads to you losing access to your account?

If we are made aware of this type of problematic behavior, we may contact you so we can investigate them. Depending on the nature of the concern, we may put a hold on your account during our investigation. If the issues raised are serious or a repeat offense or you refuse to cooperate, you may lose access to Anamel. Any behavior involving violence, sexual misconduct, harassment, discrimination, or illegal activity while using Anamel can result in the immediate loss of your account. Anamel will also deactivate the account of any Beautician who receives several or serious complaints of poor, unsafe, or distracted Services while using Anamel app. Additionally, when law enforcement is involved, we will cooperate with their investigation.

Zero Tolerance for Drugs and Alcohol

Anamel does not tolerate the use of drugs or alcohol by partners while providing Services.

What leads to you losing access to your account?

The account of any Beautician found to be under the influence of drugs or alcohol while using Anamel app will be permanently deactivated. Anamel may also deactivate the account of any Beautician who receives several unconfirmed complaints of drug or alcohol use.

Compliance with the Law

We expect Beauticians using the Anamel app to act in compliance with all relevant state, federal and local laws and the rules of the road at all times.

What leads to you losing access to your account?

Anamel may permanently deactivate your account for activities such as: engaging in serious illegal activity while using the Anamel app; and not maintaining valid licenses while using the Anamel app.

Firearms Ban

Anamel prohibits Beauticians and customers from carrying firearms in a vehicle while using our app. If you violate Anamel’s firearms prohibition policy, you may lose access to Anamel.

Unacceptable Activities

To maintain the transparency and safety of each appointment for all users, activities conducted outside of Anamel’s system — like anonymous Services — are prohibited.

What leads to you losing access to your account?

We will take action against a Beautician for activities such as: upselling additional Services while using the Anamel app; harming the business or brand, like unauthorized use of Anamel‘s trademark or intellectual property, or otherwise violating the Beauticians’ agreement with Anamel; and soliciting payment of Services outside the Anamel system.

Fraud

Fraudulent activity undermines the trust on which Anamel is built. That’s why we are constantly on the lookout for fraud by customers and Beauticians who are gaming our systems.

What leads to you losing access to your account?

We will deactivate any account or accounts associated with fraudulent activity, which may include: accepting appointments without the intention to complete, including provoking customers to cancel; creating dummy customer or Beautician accounts for fraudulent purposes; claiming fraudulent fees or charges, like false setup fees; and intentionally accepting or completing fraudulent or falsified appointments.

Accurate Personal Information

We have a zero tolerance policy towards discrimination of any kind at Anamel.

What leads to you losing access to your account?

It is unacceptable to refuse to provide Services based on characteristics like a person’s race, color, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under relevant federal, state, or local law. Actions like these may result in permanent deactivation of your account.

Discrimination

We have a zero tolerance policy towards discrimination of any kind at Anamel.

What leads to you losing access to your account?

It is unacceptable to refuse to provide Services based on characteristics like a person’s race, color, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under relevant federal, state, or local law. Actions like these may result in permanent deactivation of your account.

Miscellaneous

The App is controlled and operated from within the United Arab Emirates. Without limiting anything else, Anamel makes no representation that the App, App Materials, User Content, Services, information or other materials available on, in, or through the App is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the App from other locations do so on their own volition and are responsible for compliance with the applicable laws. The waiver or failure of Anamel to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”