Ofroe’s Terms of Use

Last Updated: January 20, 2019

Welcome to www.ofroe.com, (“the Site” or “App”) operated by Ofroe, Inc. (“Ofroe,” “we,” “us” or “our”).

These terms of use constitute a legally binding agreement (the “Agreement”) between you, the user, and Ofroe governing your use of the Ofroe application, website, and technology platform (collectively, the “Ofroe Platform”). Please take the time to read these Terms carefully as they explain the legal relationship between you and us and will govern your use of the Site and the Services made available through it.

By entering into to this Agreement, and/or by using or accessing the Ofroe platform you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE OFROE PLATFORM. ANY USE OF THE OFROE PLATFORM CONSTITUTES YOUR AGREEMENT TO BE SUBJECT TO THESE TERMS. If you use the services of Ofroe or its affiliates in another country, by using the Ofroe Platform in that country you agree to be subject to Ofroe’s terms of service for that country.

The Ofroe Platform

The Ofroe Platform is a marketplace where persons who seek hair and grooming services (“Clients”) can be matched with persons (collectively or individually, “Professionals”, “Barbers”) who provide such services (“Grooming Services”). The Barbers and Clients are both users of the Services provided by Ofroe and are hereinafter referred to collectively as “Users” and each User shall create a User account that enables access to the Ofroe Platform. For purposes of this Agreement, the Grooming Service provided by Barbers to Clients that are matched through the Platform shall be referred to collectively as the “Services”, the corresponding appointment for said service will be referred to as a “Booking”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Barber to a Client shall constitute a separate agreement between such persons.

Modification to the Agreement

In the event Ofroe modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Ofroe reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Ofroe Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Eligibility

The Ofroe Platform may only be used by individuals who can form legally binding contracts under applicable law. The Ofroe Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.

Charges

As a Client, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include service costs and other applicable fees, surcharges, and taxes as set forth in your market, plus any tips to the Barber that you elect to pay. Ofroe has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to ofroe.com. Pricing may vary based on the type of service you request (e.g., Haircut, Shave) as described on the Barbers services page. You are responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Service Costs. There are two types of service costs, standard and peak time.
  • Standard. These charges do not vary and are exactly the amount that is posted on the Barber’s Services page.
  • Peak Time. Appointments may be subject to a percentage increase at times of high demand of the Services (“Peak Time”) as determined by the Barber. For all Bookings with an over lapse in appointment time, we will use reasonable efforts to inform you of any Peak Time percentage increases in effect at the time of your request. For quoted fares we may factor in the Peak Time percentage increase into the quoted price of the Booking. Any Peak Time percentage increase charges shall be considered part of the Booking.
Fees and Other Charges.
  • Service Fee. Ofroe may assess a per-appointment “Service Fee” to support the Ofroe Platform and related services provided to you by Ofroe. The amount of the Service Fee may vary but shall be retained by Ofroe in its entirety.
  • Cancellation Fee. After Booking an appointment you may cancel it through the app, but note that in most cases a cancellation fee may apply. You may also be charged if you fail to show up after Booking an appointment. Please check out our Scheduling Policies for more info, including applicable fees.
  • Other Charges. Other fees and surcharges may apply to your booking, including: state or local fees, event fees as determined by Ofroe or its marketing partners, and processing fees for split payments. In addition, where required by law Ofroe will collect applicable taxes. These other charges are not shared with your Professional unless expressly stated otherwise.
  • Tips. Following a booking, you may elect to tip your Professional in cash or through the Ofroe application. Any tips will be provided entirely to the applicable Professional.
General.
  • Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Braintree, a division of PayPal, Inc.). Ofroe may replace its third-party payment processing services without notice to you. Charges shall only be made through the Ofroe Platform. With the exception of tips, cash payments are strictly prohibited.
  • No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Ofroe Platform, any disruption to the Ofroe Platform or Services, or any other reason whatsoever.
  • Credits. You may receive credits (“Ofroe Credits”) that you can apply toward payment of certain Charges upon completion of a Booking. Ofroe Credits are only valid for use on the Ofroe Platform and are not transferable or redeemable for cash except as required by law. Ofroe Credits cannot be combined, and if the cost of your booking exceeds the applicable credit value we will charge your payment method on file for the outstanding cost of the Booking. Additional restrictions on Ofroe Credits may apply as communicated to you in a relevant promotion or by clicking on the relevant Ofroe Credit within the Payments section of the Ofroe App.
  • Credit Card Authorization. Upon addition of a new payment method or each booking request, Ofroe may seek authorization of your selected payment method to verify the payment method, ensure the booking cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

Payments

If you are a Barber, you will receive payment for your provision of Services pursuant to the terms of the Barber Addendum, which shall form part of this Agreement between you and Ofroe.

Ofroe Communications

By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Ofroe, its affiliated companies and/or Professionals, may include but are not limited to: operational communications concerning your User account or use of the Ofroe Platform or Services, updates concerning new and existing features on the Ofroe Platform, communications concerning promotions run by us or our third-party partners, and news concerning Ofroe and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt out of promotional calls or texts, you may text “STOP” to 732-965-8464 from the mobile device receiving the messages. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Ofroe Platform or the services. If you wish to opt out of all texts or calls from Ofroe (including operational or transactional texts or calls), you can text the word “STOPALL” to 732-965-8464 from the mobile device receiving the messages, however you acknowledge that opting out of receiving all texts may impact your use of the Ofroe Platform or the services.

Your Information

Your Information is any information you provide, publish or post to or through the Ofroe Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Ofroe-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Ofroe Platform and participate in the Services. Our collection and use of personal information in connection with the Ofroe Platform and Services is as provided in Ofroe’s Privacy Policy located at www.ofroe.com/privacy-policy/. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Ofroe to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Ofroe does not assert any ownership over your Information; rather, as between you and Ofroe, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You may be able to create or log-in to your Ofroe User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”). By connecting to Ofroe through an SNS Account, you understand that Ofroe may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Ofroe Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.

Promotions and Referral Programs

Ofroe, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Ofroe. Ofroe reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Ofroe determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

From time to time, Ofroe may offer you with incentives to refer your friends and family to become new Users of the Ofroe Platform in your country (the “Referral Program”). These incentives may come in the form of Ofroe Credits, and Ofroe may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of Ofroe Codes and participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.

Restricted Activities

With respect to your use of the Ofroe Platform and your participation in the Services, you agree that you will not:

  • impersonate any person or entity;
  • stalk, threaten, or otherwise harass any person, or carry any weapons;
  • violate any law, statute, rule, permit, ordinance or regulation;
  • interfere with or disrupt the Ofroe Platform or the servers or networks connected to the Ofroe Platform;
  • post Information or interact on the Ofroe Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
  • use the Ofroe Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Ofroe Platform;
  • “frame” or “mirror” any part of the Ofroe Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
  • modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Ofroe Platform or any software used on or for the Ofroe Platform;
  • rent, lease, lend, sell, redistribute, license or sublicense the Ofroe Platform or access to any portion of the Ofroe Platform;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Ofroe Platform or its contents;
  • link directly or indirectly to any other web sites;
  • transfer or sell your User account, password and/or identification to any other party
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
  • cause any third party to engage in the restricted activities above.

Intellectual Property

All intellectual property rights in the Ofroe Platform shall be owned by Ofroe absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Ofroe Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Ofroe. Ofroe shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Ofroe and other Ofroe logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Ofroe in the United States and/or other countries (collectively, the “Ofroe Marks”). If you provide Services as a Professional, Ofroe grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Ofroe Marks solely in connection with providing the Services through the Ofroe Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Ofroe’s prior written permission, which it may withhold in its sole discretion. The Ofroe Marks may not be used in any manner that is likely to cause confusion.

You acknowledge that Ofroe is the owner and licensor of the Ofroe Marks, including all goodwill associated therewith, and that your use of the Ofroe Marks will confer no additional interest in or ownership of the Ofroe Marks in you but rather inures to the benefit of Ofroe. You agree to use the Ofroe Marks strictly in accordance with Ofroe’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Ofroe determines to nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that use the Ofroe Marks or any derivatives of the Ofroe Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Ofroe in writing; (2) use the Ofroe Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Ofroe Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Ofroe’s rights as owner of the Ofroe Marks or the legality and/or enforceability of the Ofroe Marks, including, challenging or opposing Ofroe’s ownership in the Ofroe Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Ofroe Marks, any derivative of the Ofroe Marks, any combination of the Ofroe Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Ofroe Marks; (5) use the Ofroe Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

Violation of any provision of this License may result in immediate termination of the License, in Ofroe’s sole discretion. If you create any materials bearing the Ofroe Marks (in violation of this Agreement or otherwise), you agree that upon their creation Ofroe exclusively owns all right, title and interest in and to such materials, including any modifications to the Ofroe Marks or derivative works based on the Ofroe Marks. You further agree to assign any interest or right you may have in such materials to Ofroe, and to provide information and execute any documents as reasonably requested by Ofroe to enable Ofroe to formalize such assignment.

Ofroe respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials on the Ofroe Platform or Services infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.

Disclaimers

The following disclaimers are made on behalf of Ofroe, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

Ofroe does not provide grooming services, and Ofroe is not a barbershop or salon. It is up to the Barber to decide whether or not to offer Grooming Services to a Client contacted through the Ofroe Platform, and it is up to the Client to decide whether or not to accept services from any Barber contacted through the Ofroe Platform. We cannot ensure that a Barber or Client will complete an arranged booking service. We have no control over the quality or safety of the booking that occurs as a result of the Services.

The Ofroe Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Ofroe Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the Ofroe Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Ofroe Platform will be corrected, or that the Ofroe Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Ofroe Platform or Services.

We cannot guarantee that each User is who he or she claims to be. Please use common sense when using the Ofroe Platform and Services, including looking at the photos of the Professional or User you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Ofroe Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Professional or User prior to engaging in an arranged grooming service.

Ofroe is not responsible for the conduct, whether online or offline, of any User of the Ofroe Platform or Services. You are solely responsible for your interactions with other Users. By using the Ofroe Platform and participating in the Services, you agree to accept such risks and agree that Ofroe is not responsible for the acts or omissions of Users on the Ofroe Platform or participating in the Services.

You are responsible for the use of your User account and Ofroe expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

It is possible for others to obtain information about you that you provide, publish or post to or through the Ofroe Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Ofroe Platform or through the Services. Please carefully select the type of information that you post on the Ofroe Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning Ofroe or made available through the Ofroe Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Ofroe Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Ofroe Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Location data provided by the Ofroe Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Ofroe, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Ofroe Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Ofroe Platform may be accessible to Ofroe and certain Users of the Ofroe Platform.

Ofroe advises you to use the Ofroe Platform with a data plan with unlimited or very high data usage limits, and Ofroe shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Ofroe Platform.

This paragraph applies to any version of the Ofroe Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Ofroe. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Ofroe Platform. Ofroe, not Apple, is solely responsible for the Ofroe Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

You agree that Google may collect your location data when the Ofroe App is running in order to provide and improve Google’s services, that such data may also be shared with Ofroe in order to improve its operations, and that Google’s Terms and Privacy Policy will apply to this usage.

State and Local Disclosures

Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.ofroe.com/terms. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.

Indemnity

You will defend, indemnify, and hold Ofroe including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Ofroe Platform and participation in the Services, including, but not limited to: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Professionals, Users, other clients, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Ofroe Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your legal employment status, use or operation of a barbershop or barber chair, including your provision of Services as a Professional; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Limitation of Liability

In no event will Ofroe, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively “Ofroe” for purposes of this section), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Ofroe Platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Ofroe Platform, the services, or this agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. The Ofroe Platform may be used by you to request and schedule grooming services, goods, or other services with third party providers, but you agree that Ofroe has no responsibility or liability to you related to any grooming services, goods or other services provided to you by third party providers other than as expressly set forth in this agreement. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

Term and Termination

This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Ofroe; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of this Agreement. In addition, Ofroe may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate under applicable law, rule, permit, ordinance or regulation; (2) you fall below Ofroe’s star rating or cancellation threshold; (3) Ofroe has the good faith belief that such action is necessary to protect the safety of the Ofroe community or third parties, provided that in the event of a deactivation, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Ofroe’s reasonable satisfaction prior to Ofroe permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Ofroe’s satisfaction, this Agreement will not be permanently terminated.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Ofroe’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, location, contact information and photo (“Confidential Information”) disclosed to you by Ofroe for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Ofroe in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Ofroe with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Ofroe or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Ofroe; becomes known to you, without restriction, from a source other than Ofroe without breach of this Agreement by you and otherwise not in violation of Ofroe’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Ofroe to enable Ofroe to seek a protective order or otherwise prevent or restrict such disclosure.

Relationship with Ofroe

As a Barber on the Ofroe Platform, you acknowledge and agree that you and Ofroe are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Ofroe expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Ofroe; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Ofroe, and you undertake not to hold yourself out as an employee, agent or authorized representative of Ofroe.

Ofroe does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your work space. You retain the sole right to determine when, where, and for how long you will utilize the Ofroe Platform. You retain the option to accept or to decline or ignore a Client’s request for Services via the Ofroe Platform, or to cancel an accepted request for Services via the Ofroe Platform, subject to Ofroe’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Ofroe shall have no right to require you to: (a) display Ofroe’s names, logos or colors in your work space(s); or (b) wear a uniform or any other clothing displaying Ofroe’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.

Barber Representations, Warranties and Agreements

By offering to provide Services as a Barber on the Ofroe Platform, you represent, warrant, and agree that:

  • You possess a valid barber’s license and are authorized and medically fit to operate as a barber and have all appropriate licenses, approvals and authority to provide Grooming Services to Clients in all jurisdictions in which you provide Services.
  • You own, or have the legal right to operate, a facility or space in a facility to provide Services, and such facility is in good operating condition and meets the industry safety standards and all applicable statutory and state department of safety standard requirements for a facility of its kind.
  • You will not engage in reckless behavior while providing grooming services, operate unsafely, operate a facility or machinery that is unsafe to use, permit an unauthorized third party to assist you in providing Services, provide Services as a Professional while under the influence of alcohol or drugs, or take any action that harms or threatens to harm the safety of the Ofroe community or third parties.
  • You will only provide Services using the facility that has been reported to, and approved by Ofroe, and for which a photograph has been provided to Ofroe.
  • You will not, while providing the Services, demand that a client pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
  • You will not attempt to defraud Ofroe or Clients on the Ofroe Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Payouts or other payments for the booking(s) in question.
  • You will make reasonable accommodation for Clients and/or for service animals, as required by law and our Service Animal Policy.
  • You agree that we may obtain information about you, including your criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
  • You or the facility owner have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you or the facility owner for the operation of the facility you use to provide Services.
  • You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.

Other Services

In addition to connecting Clients with Barbers, the Ofroe Platform may enable Users to provide or receive goods or services from other third parties. For example, Users may be able to use the Ofroe Platform to order a delivery of goods, purchase goods or services (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Ofroe Platform, you authorize Ofroe to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Ofroe is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Ofroe Platform.

General

This Agreement shall be governed by the laws of the State of New Jersey without regard to choice of law principles. This choice of law provision is only intended to specify the use of New Jersey law to interpret this Agreement and is not intended to create any other substantive right to non- New Jersey Residents to assert claims under New Jersey law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Ofroe, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Ofroe shall be given by certified mail, postage prepaid and return receipt requested to Ofroe, Inc., 138 Jackson Street, Fl-2 Matawan, NJ 07747. Any notices to you shall be provided to you through the Ofroe Platform or given to you via the email address or physical you provide to Ofroe during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Ofroe with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

The Terms and the relationship between you and Ofroe shall be exclusively governed by and construed in all respects under the laws of the State of New Jersey. You agree that: (i) the Site shall be deemed solely based in New Jersey; and (ii) the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over Ofroe, either specific or general, in jurisdictions other than New Jersey. You and further agree to submit to the personal jurisdiction of the courts located in New Jersey, for any and all legal claims, suits or actions that arise in connection with this Service, Site or from a dispute as to the interpretation or breach of the Terms.

If you have any questions regarding the Ofroe Platform or Services, please contact our Customer Support Team through our Help Desk.

Ofroe Privacy Policy

Last Updated: January 20, 2019

Our privacy policy continues our commitment to serve you and explains how we intend to protect your privacy. We are responsible for the protection of your personal data and we take this responsibility very seriously.

This privacy notice discloses the privacy practices for Ofroe. This privacy notice applies solely to information collected by the Ofroe platform, except where stated otherwise.

At Ofroe, we want to connect people through grooming services and bring communities together. In this privacy policy, we tell you what information we receive from Ofroe users and professionals, and how we use it to connect users with professionals and continue to improve our services. Below, we explain how you can share with other users and professionals in the Ofroe community as part of our mission to bring people together.

Scope of this Privacy Policy

Ofroe (“Ofroe,” “we,” “our,” and/or “us”) values the privacy of individuals who use our application, websites, and related services (collectively, the “Ofroe Platform”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from Ofroe users (“Users”), comprised of both Ofroe users (“Users”) and Ofroe professionals (including Professional applicants) (“Professionals”). Beyond the Privacy Policy, your use of Ofroe is also subject to our Terms of Use (www.ofroe.com/terms).

Information We Collect

A. Information You Provide to Us

Registration Information. When you sign up for an Ofroe account, you give us your name, email address, and phone number. If you decide to sign up for Ofroe using your Facebook account, we will also get basic information from your Facebook profile like your name, gender, profile photo, and Facebook friends.

User Profile Information. When you join the Ofroe community, you can create an Ofroe Profile to share fun facts about yourself, and discover mutual friends and interests. Filling out a profile is optional, and you can share as little or as much as you want. Your name (and for Barbers, Profile photos) is always part of your Profile. Read more below about how you can control who sees your Profile.

Payment Method. When you add a credit card or payment method to your Ofroe account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.

Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.

Professional Application Information. If you decide to join our Ofroe Barber community, in addition to the basic registration information we ask you for your date of birth, physical address, Social Security number, identification information, place of employment information, appropriate certifications, and in some jurisdictions we may collect additional business licenses or permitting information. We share this information with our partners who help us by running background checks on Barbers to help protect the Ofroe community.

Payment Information. To make sure Barbers get paid, we keep information about Barbers’ bank routing numbers, tax information, and any other payment information provided by Professionals.

B. Information We Collect When You Use the Ofroe Platform

Location Information. Ofroe is all about connecting Barbers and Clients. To do this, we need to know where you are. When you open Ofroe on your mobile device, we receive your location. We may also collect the precise location of your device when the app is running in the foreground or background. If you label certain locations, such as “home” and “work,” we receive that information, too.

Your location information is necessary for things like matching Clients with nearby Barbers. Also, if the need ever arises, our Trust & Safety team may use and share location information to help protect the safety of Ofroe Users or a member of the public. If you give us permission through your device settings or Ofroe app, we may collect your location while the app is off to identify promotions or service updates in your area.

Device Information. Ofroe receives information from Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and, if you register with your Facebook account, your Facebook identifier.

Usage Information. To help us understand how you use the Ofroe Platform and to help us improve it, we automatically receive information about your interactions with the Ofroe Platform, like the pages or other content you view, your actions within the Ofroe app, and the dates and times of your visits.

Call and Text Information. We work with a third party partner to facilitate phone calls and text messages between Clients and Barbers who have been connected for a booking. We receive information about these communications including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages. For security purposes, we may also monitor and/or record the contents of phone calls made on the Ofroe Platform, such as those between Clients and Barbers. You will be given notice that your call may be recorded, and by proceeding you agree to allow Ofroe to monitor and/or record your call.

User Feedback. At Ofroe, we want to make sure Users are always enjoying great experiences. Clients and Barbers may rate and review each other at the end of every booking. We receive information about ratings and reviews and, as we explain below, give Clients information about Barbers’ ratings and reviews and vice versa.

Address Book Contacts. If you permit Ofroe to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate invitations and social interactions that you initiate through our Platform and for other purposes described in this privacy policy or at the time of consent or collection.

Information from Cookies and Similar Technologies. We collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through the Ofroe Platform and interact with Ofroe advertisements, to learn what content is popular, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the Ofroe Platform. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of the Ofroe Platform.

C. Information We Collect from Third Parties

Third Party Services. If you choose to register for Ofroe or otherwise link your Ofroe account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.

Third Party Partners. We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.

Enterprise Programs. If your company, university, or organization participates in one of our enterprise programs such as Ofroe for Work, we may receive information about you, such as your email address, from your participating organization. We also may give your participating organization the opportunity to request a ride on your behalf, in which case they may provide us with your name, phone number, and the pickup and drop off location for your ride.

Background Information on Barbers. Ofroe works with third party partners to perform criminal background checks on Barbers, and we receive information from them such as publicly available information about a Barber’s criminal history.

How We Use the Information We Collect

We use the information we collect from all Users to:

  • Connect Clients with Barbers;
  • Provide, improve, expand, and promote the Ofroe Platform;
  • Analyze how the Ofroe community uses the Ofroe Platform;
  • Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;
  • Personalize the Ofroe experience for you and your friends and contacts;
  • Send you text messages and push notifications;
  • Facilitate transactions and payments;
  • Provide you with customer support;
  • Find and prevent fraud; and
  • Respond to trust and safety issues that may arise, including disputes between Clients and Barbers, and requests from government authorities.

Additionally, we use the information we collect from Barbers for the following purposes related to providing services on the Ofroe Platform:

  • Sending emails and text messages to Barbers who have started the application process regarding the status of their application;
  • Determining a Barber’s eligibility to operate on the Ofroe platform
  • Notifying Barbers about demand, pricing and service updates; and
  • Calculating and analyzing usage patterns for safety and insurance purposes.

How We Share the Information We Collect

A. Sharing Between Users

Sharing between Clients and Barbers. Clients and Barbers that have been matched for a booking are able to see basic information about each other, such as names, photo, ratings, and any information they have added to their Profiles. Clients and Barbers who connect their Ofroe accounts to Facebook will also be able to see their mutual Facebook friends. Clients’ ratings of Barbers are shared with Barbers on a weekly basis. In some cases we may de-identify the ratings and feedback, but we can’t rule out that a Barber may be able to identify the Client that provided the rating or feedback.

B. Sharing Between Ofroe and Third Parties

API and Integration Partners. If you connect to the Ofroe Platform through an integration with a third party service, we may share information about your use of the Ofroe Platform with that third party. We may share your information with our third party partners in order to receive additional information about you. We may also share your information with third party partners to create offers that may be of interest to you.

Third Party Services. The Ofroe Platform may allow you to connect with other websites, products, or services that we don’t have control over. If you use these services, we will provide the third party with information about you to allow them to provide the service to you. We can’t speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.

Service Providers. We work with third party service providers to perform services on our behalf, and we may share your information with such service providers to help us provide the Ofroe Platform, including all of the things described in Sections above.

Enterprise Partners. If you participate in an enterprise program, we will provide your organization’s account holder with information about your use of the Ofroe Platform, including details such as date, time, charge, and locations.

Other Sharing. We may share your information with third parties in the following cases:

  • While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets;
  • If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;
  • With law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property, or safety of the Ofroe community, Ofroe, or the public;
  • To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures.
  • If you signed up for a promotion with another User’s referral or promotion code, with your referrer to let them know about your redemption of or qualification for the promotion;
  • With our insurance partners to help determine and provide relevant coverage in the event of an incident;
  • To provide information about the use of the Ofroe Platform to potential business partners in aggregated or de-identified form that can’t reasonably be used to identify you; and
  • Whenever you consent to the sharing.

Your Choices

Email Subscriptions. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of the Ofroe Platform.

Text Messages. You can opt out of receiving commercial or promotional text messages by texting the word STOP to 732-965-8464 from the mobile device receiving the messages. You may also opt out of receiving all texts from Ofroe (including transactional or relational messages) by texting the word STOPALL to 732-965-8464 from the mobile device receiving the messages, however, opting out of receiving all texts may impact your use of the Ofroe Platform. Barbers can also opt out of barber-specific messages by texting STOP in response to a barber SMS. To re-enable texts you can text START in response to an unsubscribe confirmation SMS.

Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Ofroe Platform (such as receiving a notification that your appointment is confirmed or cancelled).

Profile Information. While your name will always be shared with Barbers, you can delete any additional information that you added to your Profile at any time if you don’t want Barbers to see it. Clients will always be able to see Barbers’ names, rating, profile photos, and barbershop information.

Location Information. You can prevent your device from sharing location information at any time through your Device’s operating system settings.Client and Barber real-time location is not core to the Ofroe Platform and the Ofroe Platform can function without the use of location information.

Facebook Friends. You can control whether to enable or disable the Facebook mutual friends feature through your Facebook profile settings.

Editing and Accessing Your Information. You can review and edit certain account information by logging in to your account settings and profile. If would like to terminate your Ofroe account, please contact us through our Contact Form with your request. If you choose to terminate your account, we will deactivate it for you but may retain information from your account for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy for accounts that are not closed. We also may retain information from your account to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the Ofroe Platform, assist with any investigations, prevent fraud, enforce our Terms of Use, or take other actions as required or permitted by law.

Other

Data Security. We are committed to protecting the data of the Ofroe community. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.

Children’s Privacy. Ofroe is not directed to children or minors under the age of majority, and we do not knowingly collect personal information from children under the age of 18. If we find out that a child under 18 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 18 has given us personal information, please contact us at our Help Desk.

Changes to Our Privacy Policy. We may make changes to this Privacy Policy from time to time. If we make any material changes, we will let you know through the Ofroe Platform, by email, or other communication. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. As long as you use the Ofroe Platform, you are agreeing to all provisions of this Privacy Policy and any updates we make to it.

Contact Information. Feel free to contact us at any time with any questions or comments about this Privacy Policy, your personal information, our use and sharing practices, or your consent choices by contacting our Help Desk.

I hereby acknowledge that I have read and understand the foregoing Terms of Use, including Ofroe’s Privacy Policy located at ofroe.com/privacy-policy and agree that my use of the services is an acknowledgment of my agreement to be bound by the terms and conditions of these terms of service.