1.1.Amagoda is a web Site that enables Users to find and book hair and beauty service providers that specialise in Afro haircare.
1.2.This Site usage policy sets out the terms and conditions governing the use of the website. In this policy the words “We”, “us” and “our” mean Amagoda and “you” and “your” refer to the User (i.e. Customer or Service Provider). These and other words, which have a particular meaning, appear with a capital letter and their meanings are set out at the end of the document.
1.3. By using Amagoda you signify that you have read, understood and and agree to abide by our site usage policy. If you do not agree to abide by the terms and conditions in this policy you should not use the website.
2. Amagoda Responsibilities
2.1.We will build and maintain the amagodahair.com Site and service and maintain a [99%] uptime of the online tools. We will warn of any planned maintenance and down time in advance as far as is practicable.
2.2.We will invest in tools and services to help Users and Service Providers use the site to the full.
2.3.We will operate a service team and feedback centre, both electronic (via email and on site messages) and over the phone.
2.4.We make reasonable endeavours to verify the accuracy and timelessness of site content, including the identity of Service Providers;
2.5.We will use reasonable endeavours to maintain the Site free from viruses or worms but due to the nature of the Internet cannot guarantee this. Users are responsible for having their own Internet security settings in place.
3. Terms and Conditions of Usage
3.1.1.You must be 18 years old or over.
3.1.2.You should exercise your own judgment when assessing site information and the suitability of an Service Provider to book. Because of the number of sources, none of the content on the website can be guaranteed to be complete, accurate or up-to-date. You should not rely on any content on the website as constituting advice, recommendation or endorsement by us.
3.1.3.You are responsible for your own online security and technical compatibility with Amagoda.com.
3.1.4.You must report any offensive, intrusive, illegal or defamatory material.
3.1.5.The Site is to be used only for personal purposes; to identify Service Providers for your personal benefit and/ or the benefit of your immediate family members. Any usage for commercial purposes outside this, to induce other Users to leave the service or to disintermediate Amagoda is not permitted. Any breach or suspected breach of this clause may result in the denial of service.
3.1.6.A User who is deemed to be in breach of this policy may be denied access to the Site, be put on a shared blacklist and a note maybe added to their profile stating the breach.
3.2.1.Certain functions of the website are only available to Registered Users.
3.2.2.You may register as a Registered User giving your name, email address and specifying a password.
3.2.3.You must use your real name and must keep your password secret.
3.2.4.We reserve the right to decline to register any person as a Registered User.
3.2.5.You must be the sole user of your account; when you log in and give your password we will assume you are the person giving us instructions.
3.2.6.If you believe your password has been compromised you must let us know at once. You will be liable for the instructions and transactions in your name unless and until you have notified us.
3.3.1.You are solely responsible for any material you post to the Site. You must be truthful and accurate, and must not say or input anything illegal, defamatory or offensive in any way.
3.3.2.By submitting material to the Site you warrant that you are fully entitled to do so and grant Amagoda a non-exclusive, royalty free, non-terminable licence to copy, modify, distribute, show and create derivative works from that material; and waive your rights to be identified as the author.
3.4.2.We can monitor, edit and remove User information at any point and without notice.
3.4.3.We can suspend or terminate any User and block certain IP addresses to protect our service, at any time and without giving notice or reasons.
3.4.4.We can vary the site features and terms at any point and without notice.
3.4.5.Any changes in this policy will be posted online and a summary of changes will be included in the change history section at the end of the document. We will endeavour to notify Registered Users by email 30 days before the changes take effect.
4. Protection and Usage of Information
4.1.1.We will keep your personal information confidential and only give it to others:
- for the purposes we explained when you registered
- if you ask us to or give your permission for us to
- if we have to by law, or the law allows it and it is in the public interest
4.1.3.We as Data Controller may use your information for statistical analysis, to develop and improve our products, to update our records, to identify products which might interest you, to keep you informed about your account and to conduct market research.
4.1.4.Amagoda will not sell your email address
4.1.5.We record all requests for web pages or forms from our site, including the date and time and the IP address or the User. This information is used to analyse traffic, and investigate use and abuse of the site.
4.1.6.We may also store information about you using cookies. When you visit the web site we send these to your personal computer or other access device. They allow the site to keep track of your logged-in status, number of visits to a certain page etc. You can delete these cookies, but this will result in your having to re-enter data.
4.1.7.We do not handle or store payment card details and are not PCI compliant.
4.2.Intellectual Property. The Amagoda name and logo is the property of Amagoda and may not be copied or distributed without consent.
5.1.Amagoda is liable only for foreseeable loss or damage arising directly out of our own breaches of these terms and conditions, negligence or wilful misconduct up to a maximium of the amount of any fees you have paid to us in the 12 months immediately preceding the date on which your cause of action, if any, arose.
5.2.We shall not be liable for any loss or damage arising from either any error or inaccuracy in statements made on the web site by you or any other User, or any negligence, breach of contract, misrepresentation or wilful misconduct connected to the use of the Site or the sale of educational services by any User (other than our own).
5.3.We shall not be liable for any indirect, special or consequential loss or damage arising out of or in consequence of lost data, lost profits, damage to goodwill or business interruption, any delay or failure to perform our own obligations under this policy due to circumstances beyond our own reasonable control.
5.4.Service Providers are not employees and are responsible for their own conduct and behaviour both on and off the Site.
5.5.Amagodahair.com may provide links to external sites but has no control and is not responsible over the content of those sites. Users maybe subject to different Terms and Conditions by using 3rd party websites.
6.1.Governing Law and Jurisdiction
6.1.1.This agreement is governed by and construed in accordance with the laws of England.
6.1.2.The courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
6.2.1.If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
6.2.2.If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
7.1. Amagoda: the company Amagoda and its web Site.
7.2. Site: means the website www.amagodahair.com
7.3. User: any person who uses the Site
7.4. Service Provider: a User who is offering hair care services on the Site or applying to do so.
7.5. Customer: User who is looking to book Service Provider for service(s)
7.6. Registered User: a person who has completed registration; providing their name, email address, setting up a password and agreeing to this Site usage policy.
7.7. User Material: content posted on the Site by Users