AESTHETIC VALLEY TERMS OF USE
Updated September 26, 2021
Welcome to the Aesthetic Valley Site!
By using it, you are agreeing to these Terms of Use (defined below). Please read these Terms of Use (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. Your access to and use of the Site (defined below) are conditioned on your acceptance of and compliance with these terms. By accessing or using the Aesthetic Valley Platform, you agree to comply with and be bound by these Terms.
Section One - Introduction
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH AESTHETIC VALLEY ON AN INDIVIDUAL BASIS. PLEASE SEE ARBITRATION BELOW FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND AESTHETIC VALLEY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS WIDE ARBITRATION, OR JURY TRIAL.
These Terms constitute a legally binding agreement ("Agreement") between you and Aesthetic Valley governing your access to and use of the Aesthetic Valley website, including any subdomains thereof, and any other websites through which Aesthetic Valley makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application"). The Site and Application together are hereinafter collectively referred to as the “Aesthetic Valley Platform”.
When these Terms mention “Aesthetic Valley,” “we,” “us,” or “our,” it refers to the Aesthetic Valley company you are contracting with.
Our collection and use of your data, including personal data, in connection with your access to and use of the Aesthetic Valley Platform is incorporated herein by reference and located at “Privacy Policy”.
By clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. By using the Aesthetic Valley Platform, you agree and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Policy, together with these Terms of Use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms of Use." The term "using" also includes any person or entity that accesses or uses the Aesthetic Valley Platform with crawlers, robots, data mining, or extraction tools or any other functionality.
Section Two - Modification of Terms of Use
Aesthetic Valley reserves the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter provided that these changes will be prospective only and not retroactive. If you disagree with the revised Terms of Use, you may terminate your agreement with us with immediate effect by deleting your user account, discontinuing use of the Aesthetic Valley Platform, and any services offered through the Aesthetic Valley Platform after the effective date of the changes. Termination of this agreement does not release User from any obligation due prior to agreement termination.
Your continued use of the Aesthetic Valley Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Section Three - Eligibility
The Aesthetic Valley Platform is offered and available to persons who are 18 years of age or older. By using the Aesthetic Valley Platform, you represent and warrant that you are of legal age to form a binding contract with Aesthetic Valley and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Aesthetic Valley Platform.
Section Four - Scope of Aesthetic Valley Services
The Aesthetic Valley Platform is an online marketplace that enables registered users (“Users”) and certain third parties who offer services (Users and third parties who offer services are “Practitioners” and the services they offer are “Medical Aesthetic Procedures” to publish such Medical Aesthetic Procedures on the Aesthetic Valley Platform (“Services”) and to communicate and transact directly with Users that are seeking to book such Aesthetic Services (Users submitting booking requests for Medical Aesthetic Procedures are “Clients”).
As the provider of the Aesthetic Valley Platform, Aesthetic Valley does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Services or Medical Aesthetic Procedures. Practitioners alone are responsible for their Services and Medical Aesthetic Procedures. Aesthetic Valley is not and does not become a party to or other participant in any contractual relationship between Users, nor is Aesthetic Valley a broker or insurer. Aesthetic Valley is not acting as an agent in any capacity for any User.
Aesthetic Valley does not endorse or recommend any specific content, procedures, products, opinions, Practitioner, or any other material or information available on the Aesthetic Valley Platform. In addition, the Practitioners featured on the Aesthetic Valley Platform are not employees or independent contractors of Aesthetic Valley. Aesthetic Valley does not make any representations or warranties about the accuracy or reliability of the content, including the opinions, statements or information posted by the Users on the Aesthetic Valley Platform. Users are solely responsible for the content posted by them respectively.
Any references to a User being "verified" (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement or guarantee by Aesthetic Valley about any User. You should always exercise due diligence and care when deciding whether to submit a booking request or accept a booking request, or communicate and interact with other Users, whether online or in person.
Before and after Images are intended only to indicate a photographic representation of the possible result from a Medical Aesthetic Procedure, but in no way guarantee that User’s results will be the same, and are therefore not an endorsement by Aesthetic Valley of any User, Services, or Medical Aesthetic Procedures.
To promote the Aesthetic Valley Platform and to increase the exposure of Services to potential Clients, Services and other User content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, Services and other User content may be translated, in whole or in part, into other languages. Aesthetic Valley cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations.
The Aesthetic Valley Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different Terms of Use and privacy practices. Aesthetic Valley is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Aesthetic Valley of such Third-Party Services.
Section Five - Disclaimer on Medical Advice
NO INFORMATION ONE THIS PLATFORM IS PROVIDED WITH THE INTENTION TO GIVE MEDICAL ADVICE OR INSTRUCTIONS ON THE USE OF ANY PRODUCTS OR SERVICES. AESTHETIC VALLEY CANNOT ANSWER ANY COMMUNICATIONS REQUESTING PERSONAL MEDICAL ADVICE. AESTHETIC VALLEY IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, OR MEDICAL ADVICE OF PROVIDERS BOOKED THROUGH THE SERVICE.
VISITORS SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL OR TREATMENT PROVIDER PRIOR TO MAKING ANY DECISIONS OR UNDERTAKING ANY ACTIONS OR NOT UNDERTAKING ANY ACTIONS RELATED TO ANY HEALTH CARE PROBLEM OR ISSUE YOU MIGHT HAVE AT ANY TIME, NOW OR IN THE FUTURE.
We do not recommend or endorse any specific procedures, Practitioners, opinions, or other information that may appear through the Aesthetic Valley Platform. If you rely on any content, you do so solely at your own risk. We encourage you to independently confirm any content relevant to you with other sources, including the Practitioner's office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education. Aesthetic Valley makes no guarantees that booking a Practitioner through the Aesthetic Valley Platform will result in your desired outcome. It is wholly and solely your responsibility to assess the qualifications of a potential Practitioner. Aesthetic Valley hereby disclaim any and all liability arising from your use of and/or reliance on the information contained in the Aesthetic Valley Platform.
Section Six - Disclaimer on Doctor-Patient Relationship
MEDICAL PROFESSIONALS USE THE SITE TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT, OR SUBMISSION OF A BOOKING REQUEST IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SITE OR SUBMIT A BOOKING REQUEST.
Aesthetic Valley encourages Practitioners to use the Site responsibly, but we have no control over, and cannot guarantee the availability of, any Practitioner at any particular time. The ultimate decision to accept a booking request through the Aesthetic Valley Platform belongs solely to the Practitioner. We will not be liable for cancelled, refused, or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Aesthetic Valley Platform whatsoever.
Section Seven - Payments, Transaction Processing, and Cancellations
Users do not directly purchase medical aesthetic procedures from Practitioners on the Aesthetic Valley Platform but rather submit a booking request through the site with an accompanied booking request fee. The booking request fee for the requested aesthetic medical procedure will be charged to your default payment method once a request is submitted on the Aesthetic Valley Platform. The cost of medical aesthetic treatments as listed on the Aesthetic Valley Platform is subject to a final assessment by the requested Practitioner. The value of the booking request fee shall be applied to the final cost of the medical aesthetic procedure, and outstanding balance shall be remitted directly to the Practitioner or the party Practitioner designates to collect payment, at the time of service.
In connection with such payments, we process payment card information in accordance with our “Privacy Policy”. We and/or our payment processing partner may withhold from the applicable Practitioner a transaction processing fee for our billing, collection, and payment services (the “Transaction Processing Services”) performed in connection with such payment. Such payments are subject to change and may be subject to additional applicable taxes or similar government charges.
Each user will pay Aesthetic Valley upon demand for the service type selected by the user with a valid payment method accepted by Aesthetic Valley at the rates specified on the Aesthetic Valley Platform. You hereby agree to provide Aesthetic Valley all information requested and hereby authorize Aesthetic Valley (a) to retain, archive, and use credit card information provided in connection with each debit card, credit card, or payment method and (b) to charge your debit card, credit card, or payment method for payments for services selected by you or your user account. In addition to all other rights and remedies in the Terms of Use or available at law or in equity, Aesthetic Valley may refuse to provide its services, in whole or in part, and/or terminate your account, for any delay or failure in payment by you to Aesthetic Valley.
You are responsible for paying applicable fees if you do not cancel a confirmed appointment with appropriate notice or do not go to your scheduled appointment. The Practitioner’s policy on cancellation and any other applicable fees is available prior to submitting a booking request and will also be disclosed when the Practitioner accepts your appointment. Please read each Practitioner’s policy when submitting a booking request and when your requested appointment has been confirmed by the Practitioner. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees and to change the amount of any such fees at any time.
As a user of the Aesthetic Valley Platform, you must submit a booking request and cancel your confirmed appointment only through the Site. It is a breach of these Terms of Use if you reserve or cancel directly with a Practitioner, including through any online or mobile account you have with a Practitioner, independent of this Site. If you reserve or cancel directly with such a Practitioner, we reserve the right to retain our transaction processing fee, remit the remaining booking request fee to the applicable Practitioner, and/or to suspend or terminate your user account.
Section Eight - Telephone and Communication Charges and Equipment
You acknowledge that you have the appropriate computer equipment and Internet access to use the Site and understand that your use of the Internet may incur certain operational costs such as monthly fees for a service provider.
You are solely responsible for all telephone and other communications charges and equipment costs relating to your use of the Site. All transmissions by you via the Site shall be at your sole risk and Aesthetic Valley will not be responsible for any communications line failure, equipment or systems failure, or other such occurrences.
Section Nine - Copyrights and Trademarks
The Site and its entire contents, features, and functionalities may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and abroad. Content, features, and functionalities include but are not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof. These Terms of Use permit you to use the Site for your personal, non-commercial use only.
You acknowledge and agree that the Aesthetic Valley Platform, including all associated intellectual property rights, are the exclusive property of Aesthetic Valley and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark incorporated in or accompanying the Aesthetic Valley Platform.
You must retain, on all copies of downloaded materials, all copyright and other proprietary notices contained in the materials, and must not transfer these materials to any other person. Intellectual property and any other proprietary designations of third parties used on or in connection with the Aesthetic Valley Platform are used for identification purposes only and may be the property of their respective owners.
Section Ten - User Conduct
In using the Site, you agree:
● Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked web sites;
● Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
● Not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
● Not to use or attempt to use or access another person's account or personal information, or create or use a false identity on the Site;
● Not to attempt to obtain unauthorized access to the Site or portions of the Site which is restricted from general access; and
● Not to use any robot, spider or other automatic devices, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the Site including, but not limited to, personally identifiable information of any other user of the Site.
● In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account and that you will comply with all applicable local, state, and federal laws and regulations, that relate to your use of or activities on the Site.
Section Eleven - Information Provided by You Aesthetic Valley does not want you to, and you should not send any confidential or proprietary information to Aesthetic Valley via the Site, except for certain information requested during registration or in connection with customer service. You agree that, except as provided in Aesthetic Valley's Internet Privacy Policy, any information or materials that you or individuals acting on your behalf provide to Aesthetic Valley will not be considered confidential or proprietary.
By providing any such information or materials to Aesthetic Valley, you grant to Aesthetic Valley an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, except as limited by Aesthetic Valley's Internet Privacy Policy, and you further agree that Aesthetic Valley is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide on the Site.
You further recognize that Aesthetic Valley does not want you to, and you warrant that you shall not, provide any information or materials that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another to Aesthetic Valley.
Section Twelve - Arbitration, Class Action Waiver, and Limitation on Time to File Claims
YOU AGREE THAT DISPUTES BETWEEN YOU AND AESTHETIC VALLEY RELATING TO THESE Terms of Use OR THE AESTHETIC VALLEY PLATFORM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
You agree that any claim you may have arising out of or related to your relationship with Aesthetic Valley must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Section Thirteen - Jurisdiction and Governing Law
The Site is controlled, operated, and administered by Aesthetic Valley from its offices within the United States of America. Access to the Site from territories where its contents are illegal is prohibited. This Terms of Use Agreement shall be governed by the laws of the State of Texas and the federal laws of the United States of America, without giving effect to their conflict of law provisions. For all disputes arising from or related to the Site, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Texas.
This Agreement constitutes the entire agreement between Aesthetic Valley and you concerning the terms of usage for the Site. Any cause of action you may have concerning your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
Section Fourteen - Limitation of Liability, Waiver, and Indemnification
You agree to assume full responsibility and all risks arising from use of the Aesthetic Valley Platform.
IN NO EVENT SHALL AESTHETIC VALLEY, OUR MEMBERS, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, DATA PROVIDERS, AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE AESTHETIC VALLEY PLATFORM, REGARDLESS OF WHETHER AESTHETIC VALLEY OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT.
IF YOU RELY ON THE AESTHETIC VALLEY PLATFORM OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THE AESTHETIC VALLEY PLATFORM, YOU DO SO AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THE AESTHETIC VALLEY PLATFORM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE AESTHETIC VALLEY PLATFORM IS PROVIDED TO YOU “AS IS'' AND AESTHETIC VALLEY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SERVICE. AESTHETIC VALLEY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
AESTHETIC VALLEY MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO AESTHETIC VALLEY PLATFORM WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE DATA CONTAINED ON THE SERVICE WILL BE TIMELY OR ERROR FREE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that Aesthetic Valley may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Aesthetic Valley's liability will be equal to the minimum permitted under such applicable law.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS AESTHETIC VALLEY, ITS AFFILIATES, AGENTS, VENDORS AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, OWNERS AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY BREACH BY YOU OF THESE Terms of Use OR YOUR USE OF THE AESTHETIC VALLEY PLATFORM, TO THE FULLEST EXTENT ALLOWED BY LAW.
Section Fifteen - Severability
In the event that any portion or provision of these Terms of Use are deemed by a court or tribunal of competent jurisdiction to be illegal, invalid, or unenforceable, such provision shall be limited or eliminated to the minimum extent required and remaining provision and portions of these Terms of Use shall continue in full force and effect.
Section Sixteen - Entire Agreement
These Terms of Use constitute the entire agreement between you and Aesthetic Valley regarding your use of the Aesthetic Valley Platform and supersede any prior agreements between you and us relating to the Services.
Section Seventeen - Additional Assistance
If you have any questions or concerns about the Terms of Use Agreement, please contact us by email at contact@aestheticvalley.com.
Be assured that any personal information that you provide in communications to the above email will not be used to send you promotional materials.