Terms and Conditions Effective as of September 15th 2023.

THE AGREEMENT: The use of this website and services on this website provided by Z Beauty Spa LLC (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").

DEFINITIONS

“Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website.
“We”, “us” and “our” are references to zbeautyspa.com.
“User”, “You” and “your” denotes the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website.
” Website” shall mean and include zbeautyspa.com and any successor Website of the Company or any of its affiliates. Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

ASSENT & ACCEPTANCE

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

• YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
• LIMITATIONS OF OUR LIABILITY TO YOU; AND
• A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND Z Beauty Spa LLC.

CONSEQUENCES OF NON-COMPLIANCE

Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.

RESTRICTIONS

If you want to use our services, you can’t do certain bad things. If we think you are doing these bad things, we have the right to share your information with law enforcement.
You may not, nor may you permit any third party, directly or indirectly, to:

• Export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);
• Engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Prohibited activity includes but is not limited to the provision of Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities, including but not limited to activities in Iran, Cuba, North Korea, Syria, or the Crimean Region of the Ukraine. If found to be in apparent violation of these restrictions, your account could be terminated, and your funds could be held for an indefinite period.
• Access or monitor any material or information on any Z Beauty Spa system using any manual process or robot, spider, scraper, or other automated means.
• Except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble, or otherwise reverse engineer the Services.
• Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure.
• Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, or distribute in any way material, information or Services from Z Beauty Spa.
• Use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement.
• Transfer any rights granted to you under these General Terms.
• Use the Services in a way that distracts or prevents you from obeying traffic or safety laws.
• Use the Services for the sale of firearms, firearm parts, ammunition, weapons, or other devices designed to cause physical harm.
• Use the Services for any illegal activity or goods or in any way that exposes you, other Z Beauty Spa users, our partners, or Z Beauty Spa to harm; or
• Otherwise use the Services except as expressly allowed under these Terms.

If we reasonably suspect that your Z Beauty Spa Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Z Beauty Spa Account, and any of your transactions with law enforcement.

YOUR CONTENT

You retain all rights to your content when you upload it into our services, but you do give us broad rights to use, modify, display your content in our services. You can see specifics on the rights you grant us below.

Also, anything you provide us or make available to the public through our services must not contain anything that we think is objectionable (e.g., illegal, obscene, hateful, or harmful to you, our customers or us). We can remove any content at any time.

The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).

You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content via your Z Beauty Spa Account or by terminating your Smaat Pay Account, but your Content may persist in historical, archived, or cached copies and versions thereof available on or through the Services.

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or Intellectual Property Rights; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Z Beauty Spa’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Z Beauty Spa, its affiliates or its customers or other persons to harm or liability of any nature.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. Z Beauty Spa may also monitor such Content to detect and prevent fraudulent activity or violations of Z Beauty Spa’s General Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.

ADDITIONAL OBLIGATIONS

• You will not accept any Transactions where the payment card does not contain all of the required elements for that type of card, where the payment card appears to have been stolen, manipulated, or damaged, or where the payment card has expired.
• You are responsible for monitoring your Account and Transaction history and refunding any Transaction funds received in error or more than the sale amount to a Cardholder.
• You will promptly notify us of any changes to the information you provided at the time of entering into these Terms, including changes in the type or nature of your business, changes in the product range, the sale or lease of your company or any other change in ownership, the change of your company's legal form or name, changes to your address or bank account details, a material adverse change in your financial condition, and changes in the information you provide to us.

PAYMENT PROCESSING

1. Funds
   • You authorize us to hold, receive, and disburse funds on your behalf through any financial institution we work with. Until your Account is closed or terminated, this authorization remains in full force and effect. Financial institutions (such as the banks where you and Z Beauty Spa have accounts) will execute payouts to your bank account, and Z Beauty Spa will not be responsible for the final credit to your bank account.
   • Your Account funds will not earn interest or other earnings. Any interest or other earnings on your Account are irrevocably assigned to us.
   • Notify the designated financial institutions that we have not yet received funds related to transactions.
   • Our investigators may temporarily restrict access to your funds while they are investigating or resolving a dispute involving your Account. If required by law or court order, we may restrict your funds access.
2. Reserve
   • We may, at our sole discretion, temporarily withhold Payouts from you to secure the performance of your payment obligations under these Terms. We may also accrue a Reserve based on your, your Account's, or your Transactions' risk profile. Any Reserve will remain in place for as long as we deem necessary.
   • We may collect and set off from the Reserve any amounts owed to us under these Terms, including any Account deficit balance, without prior notice to you. You authorize us to debit any amounts owed to us from your bank account used to receive Payouts and/or your credit card or bank account used to purchase any of our Terminals or to offset such amounts against any Payouts owed to you.
   • If you owe us more than the Reserve, you must pay us within 3 (three) Business Days of our demand. If you fail to pay us on demand, you will be in serious breach of these Terms and will be responsible for all collection costs, including attorneys' fees, collection agency fees, and applicable interest.
3. Chargebacks
   • Unauthorized, unlawful, suspicious or in violation of these Terms Transactions may be charged back to your Account.
   • You agree to promptly assist us in investigating any of your Transactions processed through the Services, including providing necessary documentation within ten (10) Business Days of our request, to avoid an irreversible Chargeback. We reserve the right to charge a fee for investigating and/or resolving Chargebacks.
   • If the issuing bank or the Card Scheme does not resolve a Chargeback dispute in your favor, or if you choose not to contest a Chargeback, we have the right to collect the original Transaction amount plus the Fees and refund it to the Cardholder.
   • If we determine that you are receiving excessive Chargebacks, we may delay Payouts to your bank account, keep a Reserve to cover anticipated Chargebacks and fees, or terminate or suspend the Services and close your Account.
   • You are responsible for any Chargeback to your Account, whether you have enough funds to cover the Chargeback. The amount due may be deducted from your Account when funds become available, or by any other lawful means, including legal action.
4. Refunds and Returns
   • If you accept Transactions, you agree to process returns and refunds through your Account in accordance with these Terms and the Network Rules.
   • According to the Network Rules, you must offer and disclose a reasonable return and cancellation policy at the time of purchase, and you may not give cash refunds on Transactions except as required by law. The refund must include all required taxes and cannot exceed the original Transaction.
   • Exchanges, partial returns, and incorrect Transactions are handled by first refunding the total original Transaction and then initiating a new transaction for any new goods and/or services sold or amounts chargeable.
   • Refunds processed through your Account are authorized up to thirty (30) days from the date of the original Transaction. We will collect the original Transaction amount plus the Fees from you and credit the Cardholder.
   • If we decide that you are processing too many refunds, we may disable your refund option.
5. Taxes
   • This means that you are responsible for figuring out what taxes you owe and remitting them to the appropriate tax authorities. We are authorized but not obligated to report your Account details and Transaction history to the relevant authorities if required by law. We are not required to determine if taxes apply, nor to calculate, collect, report, or remit taxes arising from any Transaction. Smaat Pay expressly disclaims any liability for Transaction taxes.
   • Unless required by law, you will not charge a tax on a Transaction. Taxes must be included in the Transaction amount and not separately collected.

NO MALICIOUS OR ILLEGAL USE

Account Owner and any Authorized User shall not (and shall not allow any third party to):

• Distribute viruses or other harmful or malicious computer code via or into the Products/App.
• Engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Z Beauty Spa Services.
• Use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement.
• Use the Z Beauty Spa Services for any use other than Customer’s internal business use.
• Use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product/App or Services or for the purpose of obtaining unauthorized access to the Services.
• Use the Services in any way that is contrary to applicable local, state/provincial, federal, and foreign laws, including without limitation those relating to privacy, electronic communications, and anti-spam legislation.
• Z Beauty Spa retains all titles to, and, except as expressly licensed herein, all rights to the Services, all copies, derivatives, and improvements thereof and all related documentation and materials.

LIMITATIONS OF LIABILITY AND DAMAGES

As described below, if something bad happens because of your use of our services, our liability is capped.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Z Beauty Spa BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, Z Beauty Spa WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL Z Beauty Spa BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR Z Beauty Spa ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF Z Beauty Spa IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Z Beauty Spa HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THIRD PARTY PRODUCTS

All third-party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. Z Beauty Spa MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

DISPUTES

When you see the word “Dispute” in these terms, here’s what it means.

“Disputes” are defined as any claim, controversy, or dispute between you and Z Beauty Spa, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of these Terms, and including any claim, controversy, or dispute based on any conduct of you or Z Beauty Spa that occurred before the effective date of these Terms, including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.

INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by us are the property of Z Beauty Spa LLC, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

• To make the Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website ("Your Content"). We claim no further proprietary rights in your Content.
• If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Z Beauty Spa LLC and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Z Beauty Spa LLC. Z Beauty Spa LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Z Beauty Spa LLC in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the zbeautyspa.com Website including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Z Beauty Spa LLC, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

NO WARRANTIES

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.

LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

SEVERABILITY

If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW

Our relationship is governed by the laws of United States.

These General Terms and any Dispute will be governed by the Federal Arbitration Act, as set forth above, without regard to its choice of law or conflicts of law principles.

OTHER PROVISIONS

These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Z Beauty Spa regarding the Services. In the event of a conflict between these General Terms and any other Z Beauty Spa agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.

Contacting Us

If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us via call or email or writing to:

Z Beauty Academy & Spa
1534 West Brandon Blvd., Suite 1
Brandon, Florida 33511
USA
info@zbeautyspa.com
+1(724)923-2889