Terms of Service

1. Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into a binding agreement. If you are using the Services on behalf of a business, you represent that you have the authority to bind that business to these Terms.

2. Account Registration

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@instaglam.ca if you suspect any unauthorised access to your account.

We reserve the right to suspend or terminate accounts that contain false information, are inactive for an extended period, or violate these Terms.

3. The Platform

Instaglam is a marketplace that connects independent beauty professionals (“Vendors”) with individuals seeking beauty services (“Clients”). Instaglam is not a beauty service provider. We do not employ Vendors and are not responsible for the quality, safety, legality, or delivery of any services arranged through the platform.

All bookings are contracts directly between Clients and Vendors. Instaglam facilitates the transaction but is not a party to any service agreement between Clients and Vendors.

4. Vendor Terms

If you register as a Vendor, you additionally agree to:

• Provide accurate information about your services, pricing, qualifications, and availability.
• Maintain any licences, certifications, or insurance required by applicable law to provide the services you offer.
• Fulfil confirmed bookings in a professional and timely manner.
• Comply with our cancellation and refund policies as posted on the platform.
• Not solicit Clients to transact outside of the platform in order to avoid platform fees.

Vendor payouts are processed through our payment partner, Stripe. By using the platform's payout feature, you agree to Stripe's Connected Account Agreement. Platform fees and payout terms are described on the For Vendors page and may be updated from time to time with reasonable notice.

5. Client Terms

If you register as a Client, you additionally agree to:

• Provide accurate information when making a booking, including contact details and any preferences or medical information relevant to the service.
• Pay the agreed price for booked services, including applicable taxes and platform fees.
• Cancel bookings in accordance with the Vendor's stated cancellation policy.
• Treat Vendors with respect and not engage in abusive, harassing, or discriminatory behaviour.

6. Payments and Refunds

All payments are processed through Stripe. By making a payment through the Services, you agree to Stripe's Terms of Service. Instaglam does not store full payment card details.

Refunds are subject to the individual Vendor's cancellation policy. Instaglam may, at its discretion, mediate disputes between Clients and Vendors and issue partial or full refunds in exceptional circumstances. We are not obligated to issue a refund for services that were rendered as described.

Platform fees are non-refundable except where required by applicable consumer protection law.

7. Prohibited Conduct

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
• Post false, misleading, or fraudulent information, reviews, or content.
• Harass, abuse, threaten, or discriminate against other users.
• Attempt to gain unauthorised access to any account, system, or network associated with the Services.
• Scrape, crawl, or systematically extract data from the Services without our written permission.
• Use the Services to transmit spam, malware, or other harmful content.
• Circumvent or manipulate our fee structure, billing, or payment processes.
• Create multiple accounts to circumvent suspensions or limitations.

We reserve the right to remove content and suspend or terminate accounts that violate these prohibitions without notice.

8. User Content

You may submit content to the Services, including profile information, service descriptions, portfolio images, reviews, and messages (“User Content”). You retain ownership of your User Content. By submitting User Content, you grant Instaglam a non-exclusive, worldwide, royalty-free, sublicensable licence to use, reproduce, display, distribute, and modify that content in connection with operating and promoting the Services.

You represent that you own or have the necessary rights to your User Content and that it does not infringe the rights of any third party.

We reserve the right to remove User Content that violates these Terms, our community standards, or applicable law.

9. Intellectual Property

The Services, including all software, design, text, graphics, logos, and trademarks, are the property of Instaglam and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or other brand elements without our prior written consent.

10. Third-Party Services

The Services may contain links to or integrations with third-party websites or services. These are provided for convenience only. Instaglam does not endorse, control, or assume responsibility for any third-party content or services, and your use of such third-party services is governed by their own terms and policies.

11. Disclaimers

The Services are provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free from harmful components.

Instaglam does not endorse any Vendor and makes no representations about the quality, safety, or legality of services offered through the platform.

12. Limitation of Liability

To the fullest extent permitted by applicable law, Instaglam shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Services, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any claim arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the amount you paid to Instaglam in the twelve months preceding the claim, or (b) one hundred Canadian dollars (CAD $100).

Some jurisdictions do not allow certain exclusions or limitations of liability, so the above may not apply to you in full.

13. Indemnification

You agree to indemnify, defend, and hold harmless Instaglam and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity.

14. Termination

You may delete your account at any time by following the instructions in your account settings or by contacting us at support@instaglam.ca.

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination, your right to use the Services ceases immediately. Provisions of these Terms that by their nature should survive termination — including Sections 8, 9, 11, 12, 13, 15, and 16 — shall survive.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Oshawa, Ontario, Canada, administered in accordance with the arbitration rules of the ADR Institute of Ontario, except that either party may seek injunctive or other equitable relief from a court of competent jurisdiction. You waive any right to participate in a class action proceeding to the fullest extent permitted by law.

16. Changes to These Terms

We may update these Terms from time to time. We will post the revised Terms with an updated “Last updated” date. For material changes, we will provide additional notice where reasonably practicable. Your continued use of the Services after the changes take effect constitutes your acceptance of the revised Terms.

17. Contact Us

If you have questions about these Terms, please contact us:

Instaglam
Oshawa, Ontario, Canada
Email: legal@instaglam.ca