Welcome to EssentiallyMe a website located at (the “Site”) and operated by Batyah Mayer. Essentially Me provides the Site, and services provided through the Site, with the Site, the “Services” including on demand and in-home beauty Services and the ability to purchase cosmetics and lifestyle products. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features “Supplemental Terms”. All such Supplemental Terms are incorporated by reference into this Agreement.
Ordering Services. You must provide us with a valid credit card (issued by Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Services, including free Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. You may purchase cosmetic and lifestyle products and order in-home beauty Services by following the directions in the Services. By providing us with your credit card number and associated payment information, you agree that EssentiallyMe is authorized to immediately invoice your Account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify EssentiallyMe of any change in your billing address or the credit card used for payment hereunder. We may change the pricing for the Services (from time to time in our sole discretion) by updating the price list included in the Services and without any additional notice to you, provided that any changes will not affect any Services purchased prior to the notice.
Payment Process. If you order an in-home beauty Service or any product, you agree to pay the then-current applicable Service fee listed in the Services or the website of our third party booking agent (“Booking Agent”) as linked to from the Site. We, or our booking agent, will automatically bill your credit card submitted in ordering the Service on the date the Service is ordered, and each time you book an appointment thereafter. All payments are non-refundable, except in the event we cancel your appointment. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due will bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information.
Cancellation. You may cancel any appointment in accordance with our cancellation policy set forth at We reserve the right to cancel free Services at any time for any reason. No credits or promotional value adjustments will be made in the event we cancel a free Service. If we cancel or terminate a paid Service for any reason, we may, in our sole discretion, issue you a refund of any fees pre-paid for such Service.
Your Responsibilities. As the recipient of in-home beauty Services, you agree to assume certain responsibilities. When you purchase in-home Services, you agree to comply with any rules or requirements applicable to the Service purchased and that you are made aware of, including as part of any confirmation email (the “Requirements”). Whether or not there are Requirements, you agree to: (a) create in your home (or other space where our stylists are invited to perform the Services) a safe, clean, and reasonably comfortable workspace that is free of conditions that would make it difficult for our stylists to perform their jobs (all as determined in each of our stylist’s sole discretion); (b) provide a workspace that has access to bathroom facilities and is in close proximity to an electrical outlet and a sink with hot and cold running water; and (c) refrain, and cause other individuals present in your household to refrain, from any speech, conduct, or personal displays that a reasonable person would find offensive, intimidating, hostile, harassing, indecent or abusive while our hair stylists are present. If you have pets, you agree to confine all of your pets to a room where our stylists will not be working. If you have a child or children under the age of 13, you agree that childcare (provided by someone other than you and our stylist) will be present. This is important as the stylist will have equipment that can burn a child and our stylist will be focused on you. We reserve the right to terminate or refuse Services to anyone at any time in the event you do not fulfill your responsibilities as set forth in this Section or if a stylist feels unsafe or uncomfortable with her in-home work environment or conditions for any reason.
Rights and Licenses
License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof, except and if otherwise expressly set forth in Section entitled “Term and Termination.”
No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
Indemnity. You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorney's’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third Party Sites, Advertising and Other Users
Third Party Sites, Ads and Ad Networks. The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under our control and we are not responsible for any Third Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads. We may also work with advertising partners that may deliver advertisements to you on or off our Site based on your activities on the Site or within the Services.
Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads.
THE SERVICES, INCLUDING THE SITE AND THE APPLICATIONS, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE IN-HOME BEAUTY SERVICES WILL BE TO YOUR SATISFACTION. WE ARE NOT LIABLE FOR ANY DAMAGE A SYLIST MIGHT CAUSE WHILE ONSITE OR AT YOUR HOME OR OFFICE.
Limitation on Liability
IN NO EVENT WILL WE, OUR HAIR STYLISTS (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOT WITH STANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY (AND THAT OF OUR STYLISTS AND SUPPLIERS) TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) FIFTY US DOLLARS ($50) OR (b) AMOUNTS YOU’VE PAID Essentially Me IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including but not limited to, any use of the Services in violation of this Agreement or our discontinuance of any Services. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement will be binding upon assignees.