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Please read these terms and conditions carefully, as they set out our and your legal rights and obligations in relation to booking and purchasing any third-party goods or services through our website or mobile application (hereinafter called “Platform”).

By using our Platform, you confirm that you accept these Terms and you agree to comply with them. You will also be asked to agree to these terms and conditions before booking such goods or services. In any case, if you do not agree to these terms, you must not use our Platform in any way.

These terms and conditions are available in the Azerbaijani, English and Russian languages separately. You should print a copy of these terms and conditions for future reference. We will not file a copy specifically in relation to you, and they may not be accessible on our website in future.

These Terms are concluded between

You (hereinafter called “you”, “You”, “user”, “User” or “Client”) and

Us – THİNK LLC a company registered in Azerbaijan Republic (Tax Identification Number- 2007397951), whose registered office is at Afiyaddin Jalilov 5 (hereinafter called “we”, “We”, “Glam.az”);

 

1. Subject

1.1.

We provide online platform offering goods and services from selected third parties specialized in health and wellbeing services (hereinafter called “Services”).

1.2.

Glame.app grants you a limited, non-exclusive, non-transferable, and revocable license to use the Platform subject to the terms and restrictions set out in this Terms.

2. Use of the Platform

2.1.

The Platform offers a website at www.glame.app and a mobile application accessible on any latest version of Android or iOS The Services are categorized by subject, the list of Services providers and enhanced with search filters.

2.2.

To use the Platform, you will need to register and create an account with a username and password. You must provide accurate and complete information and must update the account information as needed to keep the information accurate and complete.

2.3.

 By using the Platfom, you can order:

a)    the goods listed on the Platform;

b)    the trainings as offered by third-party providers of Services; or

c)     the Services to be provided in the place specified in the offer of the provider of Services or to be delivered to your address if applicable in accordance with the terms of the provider of Services.

2.4.

There are no fees for creating an account on the Platform. But the orders of Services are subject to fees which you need to pay online. The fees are specified in a particular offer of a Service.

2.5.

You may not:

a)

use our Platform for any commercial or business purposes unless we have approved you as a Partner;

b)

choose a username that may offend someone or violate any individual’s rights;

e)

distribute software viruses or any other programs designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site or (2) the use of the Platform by any other user.

f)

bypass any measures that Glame.app has put in place to secure Platform or Services, take actions to gain unauthorized access to any server, system, data, passwords, or other Platform or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Platform;

g)

attacking our Website or our Apps via a denial-of-service attack or a distributed denial-of service attack

2.6.

This Platform is provided for users in Azerbaijan only. Whilst access may be possible from outside Azerbaijan, this Platform is not intended for such use and such users access the Platform is at their own risk.

2.7.

Glame.app is not responsible for any loss of information. The Client’s card data are maintained by the acquiring bank, and not held in the Platform or our servers in any form.

2.8.

The Glame.app may remove user content that violates the Terms at its sole discretion. Removing user content or terminating an account is not an action Platform takes lightly, and it may take a while to investigate and determine if user content or an account should be removed. It is at Glame.app`s sole discretion whether to discuss the reasons regarding the removal of user content including the termination of any Activity.

2.11.

You are responsible for making all arrangements necessary to access and view this Platform and should ensure you have up to date anti-virus software on any device from which your access our Platform.

2.12.

You are responsible for ensuring that all persons accessing our Platform through your internet connection are aware of these Terms.

3. Account Security and Misuse of Platform

3.1.

You are responsible for the safety and security of your password and log in details. To help protect against unauthorised access to your account you are advised to store your username(s) and password(s) safely and securely. Please ensure that your password is not one you have used before, that it is eight characters or more and, ideally, not one that you use on other sites. We recommend that you refrain from disclosing your username(s) and password(s) to anyone. We also recommend that you sign out of your account at the end of each session. You may also wish to close your browser window when you have finished your session, especially if you share a computer with someone else or if you are using a computer in a public place.

3.2.

If the you suspect or discover any unauthorized use of its account, you must notify Glame.app immediately by contacting us via the Platform other means of contact listed in our Platform. We will investigate any alleged unauthorised account activity. Notwithstanding any other terms pertaining to our right to disable or block access to your account, we reserve the right to disable or block your account at any time where it is suspected that unauthorised access has been made to your account.

3.3.

You may link to any page of the Platform, for non-commercial purposes provided that you do so in a way that is fair and legal, and which does not damage our reputation or take unfair advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing, otherwise objectionable, or illegal. You must not link to our Platform in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Platform. If you would like to link to our Platform for commercial purposes or any purpose not included above, or if you would like to become a Partner of Glame.app, please contact us via this web form. We reserve the right to withdraw linking permission at any time and without notice.

4. Payments

4.1.

All payments for goods and services on the Platform are stated exclusive of VAT, unless the context requires otherwise

4.2.

The service provider may issue an invoice for the payment to the user if the user requires so.

4.3.

Payments must be paid by a credit or debit card including a Visa or MasterCard in accordance with the instructions on the Platform or using such other method as the Platform may agree to in writing from time to time.

4.5.

Subject to the terms of the Client’s agreement with the corresponding bank, the Client making Payment may choose to use banking services by giving an instruction to put the Payments under the credit line offered by the bank and have the amounts to be repaid to the bank distributed in installments. Glame.app undertakes to transfer the Client’s such instruction to the bank. To avoid any doubts, Glame.app’s liability shall be limited with the transfer of this instruction to the Client’s bank and not lead to any other liability of Glame.app before the Client.

4.6.

In the event of substantiated cases and presented grounds by the user who has made the payment, Glame.app at its sole discretion may choose to return the Payment to that user.

5. Taxes

5.1.

 

Taxing authorities may classify the funds of Payments as taxable income to the Clients and any beneficiary who will receive funds directly from the applicable Payment. Glame.app may ask for the identification documents, documents confirming address, tax identification number (TIN) of all Clients and any beneficiaries so that Glame.app may report taxable income to the relevant taxing authorities. Glame.app will provide Clients with a tax document if required by the relevant taxing authorities. Platform is unable to provide any Client or third party with a tax advice and suggests that such Client or third parties consult with tax advisors of their choice.

Clients are charged a 2 % Commission from Payments submitted for them.

 

 

6. Privacy and Third-Party Content

6.1.

Privacy

 

The privacy of your personal data is important to us. Please see our Privacy & Cookies Policy for details of how we will process your personal data, where it is provided to us, and how we use cookies.

 

 

6.2.

Third party content and third-party websites

6.2.1.

Our Platform may contain advertising submitted by third parties. Such third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations. We do not accept any responsibility for the content of any third-party advertising.

6.2.2.

Our Platform and/or the Materials may contain links to third party websites (including those of our Partners). If you decide to visit any third party site, you do so at your own risk. We are not responsible or liable directly or indirectly for the content, accuracy or opinions expressed in such websites or the standard of goods or services available through or on such websites. Unless expressly stated otherwise, links do not imply that we are, or our Platform are, affiliated to or associated with such sites.

6.2.3.

Our communications with you may contain information sourced from third party websites. Material from a third party site will be marked as such and a link to the source website may be provided. We accept no responsibility or liability for any material supplied by or contained on any third-party website which is linked from our communications with you, or any use of personal data by such a third party.

6.2.4.

The inclusion of any link in our communications with you does not imply endorsement by us of the linked site. If you decide to access linked third-party websites, you do so at your own risk. Please remember that when you use a link to go from our Platform to another website, our Terms will no longer be applicable. Your browsing and interaction on any other website, including websites which are linked to ours, is subject to that website’s own terms and policies. Please read those terms and policies before proceeding.

 

 

7. Disclaimers and Warranties

7.1.

Materials and information posted on our Platform are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by all applicable laws. You must not rely on the information on the Platform as an alternative to medical advice from your doctor or other professional healthcare provider. To the extent that you require medical advice, you should consult your doctor or other professional healthcare provider.

7.2.

The Client acknowledges that complex Platform is never wholly free from defects, errors and bugs, and the Platform gives no warranty or representation that the Platform will be wholly free from such defects, errors and bugs.

7.3.

To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Platform. In particular, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the information, products, services or images contained on the Platform, we do not represent or warrant that the Platform will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions in this respect, your use of any or all information, products and/or services must be based on your own due diligence, and you should consult an appropriate professional for specific advice tailored to your needs and situation.

7.4.

Parties shall keep confidential the information, which is defined as personal information or commercial secret under the law, that they become aware in the course of these Terms. Glame.app may nevertheless share the Сlient information with the public authority in pursuant to requirements of the law.

7.5.

All of the parties' warranties and representations in respect of the subject matter of the Terms are expressly set out in the terms of the Terms. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Terms will be implied into the Terms.

 

8. Intellectual Property

8.1.

Platform’s information, images, marks, and other intellectual property content are legally protected in a number of ways, including pursuant to copyright, trademark, patent, trade secrets, and other laws of the Republic Azerbaijan and international intellectual-property laws ratified by Azerbaijan. The Client agrees to respect all copyright and other legal notices, information, and restrictions contained in any content, Services, or marks accessed through the Platform or the Services. Client agrees not to change, translate, or otherwise create derivative works of the Services.

8.2.

Platform grants the Client a limited license (that is temporary, non-exclusive, non-sublicensable, and non-transferrable) to access and use the Platform and relative content solely for use of the Services in accordance with these Terms. You may only view, print out, use, quote from and cite the Glame.app and the relative IP content for your own personal, non-commercial use and on the condition that you give appropriate acknowledgement to Glame.app. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any content or other information unless Glame.app gives you express written permission to do so. Nothing in the above licence impairs or restricts any author's moral rights in respect of the IP content. Glame.app reserves the right to revoke this limited license to access and use Glame.app Platform and IP content at any time and in our sole discretion.

8.3.

We expressly reserve all rights in and to the https://www.glame.app domain name and all related domains and sub-domains, the name "Glame.app", our logo device, service marks, trading names and/or trade marks. Other trade marks, products and company names mentioned on the Platform may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

9. Limitation of Liability

9.1.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform.

9.2.

We shall not be liable for any loss caused as a result of your actions or inactions based on the content available on this Platform or via our Platform. However, nothing in these Terms shall affect your statutory rights, and nothing in these Terms shall exclude our liability for death or personal injury arising through negligence, for fraud or fraudulent misrepresentation and/or anything else that cannot be excluded or limited by us under the applicable law.

9.2.

Nothing in these Terms shall:

a)

limit or exclude the liability of a Party for fraud or fraudulent misrepresentation by that party;

b)

limit any liability of a Party in any way that is not permitted under applicable law;

c)

exclude any liability of a Party that may not be excluded under applicable law.

9.3.

The limitations and exclusions of liability set out in this Clause 9 and elsewhere in these Terms govern all liabilities arising under the Terms or in relation to the subject matter of the Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

9.4.

The Platform or Services may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions. Glame.app is not responsible if the Platform or Services are unavailable, or if Client loses any data, information, or user content for any reason.

 

The content of the Platform, including the IP content may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of this content.

9.5.

The Platform shall also not be liable to the Client for:

a)

any loss of profits, income, revenue, use, production or anticipated savings, loss of business, contracts or commercial opportunities;

b)

any loss of or damage to goodwill or reputation.

c)

any loss or corruption of any data, database or software.

d)

any losses arising out of a Force Majeure Event.

9.6.

Client agrees to defend, indemnify and hold harmless Glame.app, Glame.app’s subsidiaries and affiliated companies, and Glame.app officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys' fees and costs) and all amounts paid in settlement arising from or relating to, breach of the terms of the Terms or violation of any applicable laws. Glame.app reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter for which Client has agreed to indemnify the Glame.app and Client agrees to assist and cooperate with the Glame.app as reasonably required in the defence or settlement of any such matters.

 

10. Termination

10.1.

The Client may terminate the Terms at any time before submission of the information about its Activity using the Client’s account interface on the Platform.

10.2.

Glame.app may terminate your right to use of the Platform and any products or services offered thereon without  notice any time. We will not be liable of for any reason our Platform or any part of it is unavailable at any time or for any reason. We are determined, though, to refund any monies you have made as a Payment for which you have not received goods or services which had been offered to you in return.

10.3

Either party may terminate the Terms immediately by giving a written notice to the other party if: 

a)

it is discovered that at the time of entering into this Terms the other Party did not have legal right and authority to enter into and perform its obligations under this Terms.

b)

(where that other party is an individual) that other party dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.

11. Effects of Termination

11.1.

Upon termination of the Terms, all the provisions of the Term will cease to have effect, save that the provisions of this Clause 11 of the Terms will survive and continue to have effect (in accordance with its terms or otherwise indefinitely).

11.2.

 If the Terms are terminated under Clause 10.2 or 10.3 then the Glame.app shall have no obligation to pay the Price Payments to the Client.

11.3.

 Except as specified otherwise in these Terms, the Glame.app's obligation to pay the Payments to the Client shall continue following the termination of the Terms.

11.4.

Except as specified otherwise in these Terms, termination of the Terms shall not affect either party's accrued liabilities and rights as at the date of termination.

11.5.

The termination of the Platform account of Client does not automatically result in deletion of user content. Glame.app may need to retain certain information as required by law or as necessary for Glame.app’s business purposes.

12. Notices and Contact us

12.1.

If you have any concerns or queries about material which appears on our Platform or if you have questions about your use of this Platform or these Terms, please contact us via web form, an email to info@glame.app, or postal address of AZ1025.

12.2.

A notice will be deemed to have been received at the relevant time set out below (or where such time is not on a business day, at the start of the next business day after the relevant time set out below):

a)

where the notice is delivered personally, at the time of delivery;

b)

where the notice is sent by email, at the time of the transmission (providing the sending party retains written evidence of the transmission).

13. Governing Law and Dispute Resolution

13.1.

Glame.app is based in the Republic of Azerbaijan. The Terms and the relationship between you and Glame.app shall be governed in all respects by the laws of the Republic of Azerbaijan.

13.2.

All claims, disputes or controversies arising under, out of or in connection with these Terms shall be resolved by conducting good faith negotiations amongst themselves. If the parties hereto are unable to resolve the matter following good faith negotiations within 30 days of the notice of one Party about such claim, dispute or controversy, the matter shall thereafter be resolved by courts of the Republic of Azerbaijan.

14. Effectiveness Period of Terms

14.1.

The Terms shall come into force upon the Client’s acceptance of the terms and conditions of this Terms by agreeing it online.

14.2.

The Terms are constructed in Azerbaijani, English and Russian languages. In case there is discrepancy between languages, Azerbaijani text shall prevail.

14.3.

The Terms shall continue in force until the date by which all obligations of the Parties are duly executed, unless terminated earlier in accordance with provisions of this Terms.

15. Suspension of Services and Changes to Terms

15.1.

We update our Platform from time to time and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend the Platform (or any part of them) at any time without notice.

 15.2.

We may modify or discontinue the Services at any time, in our sole discretion. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

15.3.

We may change these Terms from time to time, in which case an up to date version will be available via the Platform. You should check these Terms regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to these Terms after you have been notified of the changes on our Platform and/or if you continue to access or use the Platform, where the updated Terms will be available for you to view.

We may modify or discontinue the Services at any time, in our sole discretion. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

16. Definitions

"Terms" means the Terms between the Client and the Glame.app made under these terms and conditions, and any amendments to that Terms from time to time;

"Platform" means the web site or mobile application which provides a medium for online booking & purchase of goods and services, which is owned and operated by the Glame.app;

"Content" means the information and materials in the Platform;

"Defect" means a defect, error or bug having a material adverse effect on the appearance, operation or functionality of the Platform, but excluding any defect, error or bug caused by or arising as a result of an incompatibility between the Platform and any other system, application, program or software not specified as compatible in the specification of the Platform;

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the "intellectual property rights" referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

"Services" means services provided with the use of the Platform as a platform as well as other services of the Platform so forth in this Terms;

"Software" means the module, widget or other software to be developed through the Project;

Partner” means selected third parties specialized in health and wellbeing services who have joined the Platform by joining via a partner agreement and entitled to offer related goods and services on the Platform;

"Payment" means the payments of the Clients made to the service providers (Partners) on the Platform.