BeautyOnTime.ch – General Terms and Conditions

(Rev 02/2010)

1. TERMS OF USE (english translation / original in french)

"Beautyontime" refers to a service designed and operated by Pilotor Sàrl, a company located in Préverenges (Switzerland). It can be accessed via http://www.beautyontime.ch. Beautyontime provides you with services that you agree to use within the limitations described below. Pilotor Sàrl reserves the right to modify any terms contained in this document. Therefore, it is recommended that you refer to the latest version of the General Terms and Conditions, available online by visiting http://www.beautyontime.ch under Registration.

2. DESCRIPTION OF SERVICE

Beautyontime provides users with an online service, which consists of a calendar – managed on a real-time basis - and a directory of contacts (below called "Service"). The Service is available through the Web to private and professional users. Part of the service requires users to register online.

A User is an individual or a legal entity having subscribed to Beautyontime.ch and accepted the present terms and conditions. A User means a client, a care provider or any other person or establishment willing to manage online appointments - in general it is any person who uses the service.

Except unless explicitly mentioned, new features which improve the current service or any new services launched by Beatyontime will be based upon current Terms and Conditions. You acknowledge and accept the fact that the service is provided to you "as is" and that Beautyontime cannot be held responsible for defective delivery or storage of information neither for individual users' installations. You accept that Beautyontime sends you information messages by email, which may contain announcements, administrative information and news bulletins linked to the Service. These messages are part of your subscription to Beautyontime and you will not be asked whether to accept them or not.

To be able to use the Service, you should access Internet directly or through systems having an internet access to contents. In addition, all possible corresponding expenses are your own responsibility. You should have all necessary equipment: a computer, a modem or other means of connection to grant access to Internet network.

3. CONDITIONS D'INSCRIPTION

Registering on Beautyontime is only possible via the site www.beautyontime.ch using a computer connected to the Internet. It implies the approval of present Terms and Conditions. Once the registration form has been filled in completely, a confirmation e-mail is sent to the User’s email address (electronic address entered by the User at the time of registration). Aforementioned message includes a confirmation of registration to the present service. Beautyontime will communicate with the User via e-mail using this address. Therefore, once the registration process has been completed, the User is supposed to check messages on a regular basis. Any message sent by Beautyontime to the User using the provided e-mail address is considered to be received and expected to be read by the User in a timely manner.

As you register, you accept:

• (I) to use the Service,

•(II) to provide true, accurate and up-to-date information, and fill in all fields as required in the registration form (this information is referred to below as "registration data")

• (III) to update registration data as needed to keep it true, accurate and complete. In case you provide incomplete, untrue, unclear or out-of-date information, Beautyontime is entitled to interrupt momentarily or remove completely your account and deny your future access to whole or part of the Service.

4. PERSONAL DATA AND SECURITY

During the registration process you enter a username and a password. You are the only person responsible for keeping your username and password confidential. You are also responsible for any actions which are made possible by utilizing your username and/or your password. You are expected (I) to inform Beautyontime immediately in case of unauthorized usage of your username and/or password and/or any breach of security, and (II) to explicitely disconnect at the end of every session.

Beautyontime is not liable for unauthorized use of the Service whether it's due to the User or any other person that has access / modification rights. Data are made available to the User without any guarantee regarding the confidentiality of those data stored. Beautyontime does not carry any responsibility for possible damage, harm and/or loss of revenue caused to the User and/or to any third party by using, managing or processing the Service.

Your personal data are gathered both during your subscription request and during your activity on Beautyontime. All data are subject to the Swiss laws regarding data protection and confidentiality. Beautyontime will not disclose this information to third parties without your prior consent. Data and information on your profile are kept as long as you have not removed them and up to the termination of your contract.

Your subscription can be cancelled based on a simple request sent by e-mail to : info@beautyontime.ch

5. USE OF SMS

During the registration process you enter a username and a password. You are the only person responsible for keeping your username and password confidential. You are also responsible for any actions which are made possible by utilizing your username and/or your password. You are expected (I) to inform Beautyontime immediately in case of unauthorized usage of your username and/or password and/or any breach of security, and (II) to explicitely disconnect at the end of every session.

Beautyontime is not liable for unauthorized use of the Service whether it's due to the User or any other person that has access / modification rights. Data are made available to the User without any guarantee regarding the confidentiality of those data stored. Beautyontime does not carry any responsibility for possible damage, harm and/or loss of revenue caused to the User and/or to any third party by using, managing or processing the Service.

Your personal data are gathered both during your subscription request and during your activity on Beautyontime. All data are subject to the Swiss laws regarding data protection and confidentiality. Beautyontime will not disclose this information to third parties without your prior consent. Data and information on your profile are kept as long as you have not removed them and up to the termination of your contract.

Your subscription can be cancelled based on a simple request sent by e-mail to : info@beautyontime.ch

6. PRICE AND PAYMENT

Service is charged to registered Care providers and is provided to all other Users for free.

7. USERS CODE OF CONDUCT

You acknowledge that all information, data, text, software, sounds, pictures, images, videos, messages or any other items of information (below called "Content") published to the public or transmitted privately, are under the responsibility of the person having provided this Content. It is only you, not Beautyontime, that is entirely responsible for the Content that you display, download, send by electronic mail (below "e-mail") or transmit in any other way using the Service. Beautyontime does not control the Content transmitted via the Service and consequently cannot guarantee accuracy, legality, integrity or quality of this Content. Beautyontime is not responsible for the Content under any circumstances, in particular for its illegal character vis-a-vis current regulations, for errors, omissions, or for any loss or damage caused by the use of Contents displayed, transmitted by e-mail or in any other way via the Service.

Moreover, Beautyontime is entitled to remove or delete any Content which would violate terms and conditions and/or regulations in force and/or would be reprehensible in any other manner. You acknowledge and accept that if Beautyontime protects Content, Beautyontime can be forced to disclose it to legal authorities to comply with regulations or if in good faith, Beautyontime deems such an action necessary :

• (I) in case of a legal action,

• (II) to comply with present terms and conditions,

• (III) to address complaints regarding the violation of the third party rights,

• (IV) to protect rights and interests of Beautyontime, its users or the public.

8. SPECIAL RECOMMENDATION TO INTERNATIONAL USERS

Considering the worldwide availability of the Internet network, you agree to comply with all regulations in force in the country where you view or upload/download Content. Particularly you accept to comply with applicable laws regarding the transmission of data in Switzerland or in the country where you reside.

9. BAN ON TRADING THE SERVICE

You commit not to reproduce, copy, sell or resell, operate for any commercial purpose all or part of Service, usage of Service or access to Service.

10. GENERAL RULES OF USE AND STORAGE

You acknowledge that Beautyontime is entitled to apply general rules and limitations for the use of Service, and notably, but not exclusively, to limit the number of days during which subscriptions, displayed information or other parts of Content will be kept, to allocate a maximum storage space at your disposal on the Service and to determine a maximum number of times you can reach the Service during the given period (as well as the maximum timelength of each access). You acknowledge that Beautyontime cannot guarantee the accidental removal of a message or its partial storage or any other part of Contents displayed or transmitted via Service. You also acknowledge that Beautyontime will be free to deactivate/delete any account remained unused during a period of time and that Beautyontime is entitled to change the present rules any time. Therefore, Beautyontime highly recommends you to refer to these conditions of use regularly.

11. MODIFICATION OF SERVICE

Beautyontime reserves the right to change, temporarily interrupt whole or part of the Service any time without informing you about it in advance. You or any third party cannot hold Beautyontime responsible in case of modification, discontinuation or temporary interruption of the Service.

12. TERMINATION

Beautyontime reserves the right to terminate the present contract at any time by informing you via an electronic mail with acknowledgement of receipt at least seven days in advance. For the users having been invoiced, refund will be provided in proportion with the remaining due time.

Any party will be able to terminate the present contract without a possible claim for compensation if the other party severely breaches its contractual obligations and does not correct the breach within thirty days from the notification date of the breach by the other party.

13. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and accept that Service and any software used in the process of providing Service (below called "Software") can contain confidential information which is protected by the intellectual property right in force or any other law. You also acknowledge the fact that the Content may consist of any sponsored advertising, any information provided to you by using Service on advertising purposes is protected by copyright, trademarks, patent, or any other right acknowledged by legislation in force. Except Contents specifically allowed by Beautyontime or by the advertiser, you promise not to change, rent, borrow, sell, distribute or create sourcecode based on whole or part of the Service as well as Software.

Service grants you personally a non transferable and exclusive right to use Software via an Internet connection using one computer at the same time. In addition, it is forbidden to you (and therefore you cannot give the approval to other people) to copy, change, create, reverse engineer or disassemble or try to find the source code in any way (except under circumstances defined by law); you are not allowed to sell, rent, sub licence or transfer information that is related to Software. You promise not to change Software in any way and not to use versions changed by Software and notably not to get unauthorised access to Service. You agree not to access Service by any other means except via the interface which is provided to you by Beautyontime.

14. GUARANTEES

You acknowledge and accept specifically that :

1. YOUR USE OF SERVICE IS PUT UNDER YOUR OWN RESPONSIBILITY. SERVICE IS PROVIDED TO YOU "AS IS" AND IS ACCESSIBLE ACCORDING TO ITS ONLINE AVAILABILITY. BEAUTYONTIME PROVIDES IT WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS LISTING INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF QUALITY AND COMPATIBILITY OF SERVICE, AND NON-INFRINGEMENT OF THE SERVICE BY ITS USERS.

2. BEAUTYONTIME DOES NOT GUARANTEE THAT (I) SERVICE WILL PERFECTLY MEET ALL YOUR EXPECTATIONS, (II WILL BE UNINTERRUPTED, ADEQUATE AND ERRORFREE (III) WILL RESULT IN ACCURATE INFORMATION, AND (IV) ALL DEFECTS IN THE SOFTWARE USED ON THE SITE WILL BE CORRECTED PROMPTLY.

3. ANY ADVICE AND INFORMATION YOU ACQUIRE FROM BEAUTYONTIME OR DURING THE UTILIZATION OF SERVICE MAY INDUCE NEW GUARANTEES, WHICH HAVE NOT BEEN SPECIFICALLY CONSIDERED BY THE CURRENT AGREEMENT.

15. LIMITATION OF RESPONSIBILITY

YOU ACKNOWLEDGE AND ACCEPT THAT, IN ALL EXTENTS ALLOWED BY REGULATION IN FORCE, BEAUTYONTIME WILL NOT BE LIABLE FOR ANY INDIRECT OR DIRECT DAMAGE SUCH AS LOSS OF BENEFITS, CUSTOMERS, DATA OR ANY OTHER LOSS OF INTANGIBLE PROPERTY (EVEN IF BEAUTYONTIME HAS BEEN INFORMED ABOUT SUCH A POTENTIAL DAMAGE) THAT MAY HAPPEN IN FOLLOWING CASES :

• (I) USE OR THE CONTRARY – UNAVAILABILITY OF THE SERVICE,

• (II) EXPENSES THAT MAY OCCUR DUE TO THE ACQUISITION OF SUBSTITUTION GOODS OR SERVICES, WHICH MAY RESULT FROM THE PURCHASE OF GOODS OR SERVICES PROVIDED EITHER THROUGH DELIVERY OF MESSAGES OR THROUGH TRANSACTIONS PROCESSED BY THE USE OF SERVICE,

• (III) CONSEQUENCE OF AN UNAUTHORISED ACCESS TO SERVICE BY A USER OR ANY OTHER MODIFICATION OF YOUR TRANSMISSION AND YOUR DATA BASE,

• (IV) AS A CONSEQUENCE OF A THIRD PARTY DECLARATION OR BEHAVIOR ON THE SERVICE,

• (V) ALL OTHER ISSUES REGARDING THE SERVICE. IN ANY CASE, IF BEATYONTIME WAS TO HELD RESPONSIBLE, IT WOULD BE ONLY WITH REGARDS TO A DEFECT HAVING CAUSED A DIRECT DAMAGE AND THE POTENTIAL COMPENSATION WOULD NOT EXCEED THE COST OF YOUR SUBSCRIPTION PAID DURING THE PERIOD OF YOUR VALID SERVICE CONTRACT PROVIDED BY BEATYONTIME.

16. NOTIFICATION

Any notification will be addressed to you by e-mail. In addition, Beatyontime reserves the right for changing the current Terms and Conditions by implementing them directly on the Service, which is directly notified to you by providing links towards such notifications.

17. MISCELLANEOUS

The current Terms and Conditions represent the entire agreement between Beautyontime and the user of Service which in particular concerns the utilisation of Service and replaces any previous agreement between you and Beautyontime. The unability for Beautyontime to exercise its rights which are acknowledged by the current agreement does not imply a rejection of these rights. In case of an article of present Terms and Conditions being cancelled by a court of justice, parties agree to guide the judge so that judge’s evaluation takes into consideration the common intention of parties demonstrated by present Terms and Conditions, any other article remaining valid and continue to be implemented between parties. The titles of articles are only for informational purposes.

The current Terms and Conditions and the relationship between Beautyontime and the users is subject to the law of Switzerland and any dispute not having been solved according to the legislation in force will be presented to the court of the competent jurisdiction of the canton of Vaud.

18. CONTACT INFORMATION

Pilotor Sàrl
Siège : Le Trési 6B – 1028 Préverenges - Suisse
E-mail : info@beautyontime.ch
Tel : +41 21 802 60 00
Enreg. au registre du commerce du canton de Vaud