The Blys terms outline Blys’ and Your obligations and responsibilities on the Blys Platform.

Please read these terms and all Policies including the Client Standards (see below), Community Guidelines and Privacy Policy carefully before using the Blys Platform.

THESE TERMS OF USE (THESE “TERMS”) ESTABLISH THE TERMS AND CONDITIONS THAT APPLY TO YOU WHEN YOU USE THE SERVICE (AS DEFINED BELOW), WHICH IS MADE AVAILABLE TO YOU BY GET BLYS, INC. (“BLYS”, “WE”, “OUR”, OR “US”) AND ITS AFFILIATES, BY USING THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY BLYS AT ANY TIME; PROVIDED THAT WE WILL ENDEAVOR TO PROVIDE YOU WITH PRIOR NOTICE OF ANY MATERIAL CHANGES. YOUR CONTINUED USE OF THE SERVICE AFTER THE MODIFICATION OF THESE TERMS MEANS THAT YOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THESE TERMS EACH TIME YOU ACCESS THE SERVICE IN ORDER TO VIEW ANY CHANGES TO THESE TERMS. THESE TERMS WERE LAST MODIFIED AS OF THE DATE INDICATED ABOVE.

AS FURTHER DESCRIBED BELOW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Background

  1. Blys is a technology services provider that operates an online platform that connects you and a Service Provider.
  2. The Platform enables you to request and book a Service Provider to provide a Wellness Service.
  3. Each Service Provider is in the business of providing Wellness Services and has entered into a license agreement with Blys to access and use the Platform in order to connect with you and other users of the Platform.
  4. The Platform is intended solely for persons who are 18 years of age or older. By accessing or using the Platform you represent and warrant that you are 18 or older.  
  5. These Terms govern your use of the Platform including the software, Mobile Application and the Website, and forms a binding contractual agreement between you and Blys, under which Blys agrees to provide you with access to the Platform and you agree to the obligations in these Terms.  
  6. For that reason these Terms are important and you should ensure that the Terms are read carefully.  By using the Platform you acknowledge and agree that you have had sufficient chances to read and understand the Terms and agree to be bound by them. If you do not agree to the Terms, you must not use the Platform in any way.

 

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Client Standards

  1. Treat everyone with Respect
    1. The Blys platform gives you access to a community offering professional services with agreed treatment plans by recognized Providers. There is no tolerance for inappropriate behavior on behalf of Providers or clients.
  2. Clear treatment / service plan explained for every appointment
    1. Treatment / service must be within the registered (booked) service scope (& providers qualification)
    2. A treatment / service plan will be explained to you and you must give Informed consent
    3. You can revoke your consent at any time for any reason 
  3. Understanding Informed Consent
    1. Understand and consent to treatment / service prior to any appointment starting
    2. Consent is voluntarily and freely given 
      1. Legally (you are not underage, you are able to consent, you understand the proposed treatment)
      2. Consciously (not asleep / impaired / understood)
    3. Consent can be revoked at any stage

 

Zero Tolerance

  1. Provider safety
    1. You should not make the Provider feel uncomfortable with inappropriate comments or behavior including:
      1. Verbal; comments on appearance, perceived gender identity or personal identity, unrelated personal questions, jokes or banter
      2. Non-verbal; include gestures, winks, inappropriate touch (non-clinical)
      3. inappropriate exposure or disrobing
      4. No personal relationships are acceptable within the Blys interaction
  2. Your safety
    1. A Provider should not touch a client’s body part that is considered personal or sensitive
    2. A Provider should not touch the chest area regardless of gender (unless explicit written consent with informed therapeutic assessment and agreed treatment plan is obtained prior to commencement)
    3. If you are not confident that you fully understand the treatment / service or not comfortable to continue – do not begin the treatment / service
    4. Immediately cease treatment / service in the event a Provider initiates inappropriate behavior
    5. If at any time you don’t feel safe, you should cease treatment and ask the Provider to leave (or call 911 for an emergency situation)
    6. Report any of these incidents via the Blys platform
    7. Consequences for any breaches will be enacted immediately
  3. Other Inappropriate conduct that Blys has Zero Tolerance for 
    1. Aggressive, confronting, and harassing behavior is not allowed. Do not use any language or make gestures that could be interpreted as disrespectful, rude or threatening.
    2. Discrimination. Blys does not tolerate any behavior that discriminates against someone based on personal traits, this could include age, disability, gender identity, marital status, national origin, race, religion, political orientation, or personal identity.
    3. Ongoing contact – outside the Blys platform
    4. Willful property damage (from either client or provider) is never allowed. Accidental property damage may result in repair/ cleaning fees, all incidents must be reported to Blys.

 

Definitions

In these Terms:

Abandons the Booking means a decision made by the Service Provider to cancel a Booking the Service Provider can no longer attend by clicking the “Abandon Booking” function on the Platform.

Blys or we or us means Get Blys Inc., a Delaware corporation..

Booking means an accepted Booking Request (which can be extended by you after the Service Provider has accepted the Booking Request) for the provision of the Wellness Service which has been processed on the Platform and communicated to the Service Provider via the Platform.

Booking Confirmation is a Notification sent to you confirming a Booking.

Booking Request means a booking request made by you through the Platform.

Booking Request Details means the details you have entered into the Booking Request including but not limited to the details of the Property, the requested time and date of the Wellness Service, the type of Wellness Service required, the preferred gender of the Service Provider, preferred Booking Time and your contact details.

Booking System means the online booking system on the Platform used to make a Booking Request in accordance with clause 6 of this document.   

Blys Network means the database of Service Providers located on the Platform.

Dispute means a dispute, controversy or claim arising out of or in connection with these Terms.

Intellectual Property Rights means all present and future rights anywhere in the world conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions, confidential information, trade secrets and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.

Losses mean any and all actions, claims, proceedings, judgments, demands, liabilities, losses, costs (including reasonable legal costs), expenses, penalties, fines and damages which may be brought or awarded against Blys or suffered, incurred or paid by Blys (howsoever arising) in respect of, arising out of or in connection with the Wellness Services provided by that Service Provider (or any of the Service Providers’ employees or agents), a violation of any law by the Service Provider, or a breach of the terms, conditions, covenants, warranties and representations (express or implied) contained in these Terms on the part of the Service Provider (or any of the Service Provider’s employees or agents) and include loss of data, interruption of business or any consequential or incidental damages.

Equipment means equipment required by the Service Provider to complete the Wellness Service, such equipment includes but not limited to, a massage table, massage oils and towels.

Service Fee means the amount displayed on the Platform as being payable by you to the Service Provider, and collected by the Blys platform on behalf of the Service Provider, on the acceptance of a Booking Request which can be subject to change if you extend or change the Booking Request Details of the Wellness Services.

Platform (or Processing) Fee means the amount displayed on the Platform as being payable by you to Blys for the use of the Platform and Support, on the acceptance of a Booking Request.

Booking Fee means the sum of all fees associated with a booking, including the Service Fee and the Platform Fee.

Wellness Services means the services provided as part of massage therapy, beauty therapy and other therapeutic or allied health treatments, including but not limited to remedial massage, sports massage, Swedish / relaxation massage and pregnancy massage provided by a Service Provider in accordance with these Terms.

Booking Length means the duration of the Wellness Services requested by you in the Booking Request.

Mobile Application means the Apple or Android app titled ‘Blys’ owned by Blys.

Notification means an electronic notification sent to the email address or mobile phone number registered on the User Profile. You acknowledge that it is your responsibility to ensure that the contact details you provided are accurate and up to date.

Onboarding means the registration process on the Platform.

Payment Method means the method of payment for bookings and products available on the Blys platform – including but not limited to direct bank transfer, debit card, credit card, PayPal, ApplePay or Afterpay.

Platform means the suite of software applications including the Support that enables you to book a Service Provider offered via the Mobile Application or the Website.

Property means the location chosen by you for the Service Provider to provide the Wellness Service.

Direct Booking Request means a Booking Request made by you offered to a Specific Service Provider.

Rebooking Request means a Direct Booking Request made by you offered to a Specific Service Provider that you have booked before.

Service Provider means an individual (including a person trading under a business name), approved by Blys to use the Platform to offer their services or products to clients.

Site Content means all material, content and information made available on the Platform and/or Blys’ official social media accounts, including but not limited to feedback, reviews and ratings provided by you, users of the Platform or Website and Service Providers, any written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression.

Specific Service Provider means a specific Service Provider you have used before as requested in a Rebooking Request, or selected from an online directory of providers, or has been referred to you by another user or admin.

Support means the technical support, resources and information, payment and maintenance services for the Platform and updates to the Platform software that Blys may make generally available to you and the Service Provider.  

Terms means the terms and conditions set out in this document.  

Tax means income tax, payroll tax, sales tax,  and all other applicable taxes.

Third Party Site means any hyperlink or other redirection tools taking the User to other websites operated by third parties that appear on the Website or Mobile applications.

User or you or your means a person who uses the Platform.

User Profile means a profile created on the Platform by you and includes your name, address, phone number, gender and credit card details.

Website means the website at the domain name https://getblys.com (or such other domain names as Blys may use in relation to the Business from time to time).

 

Terms of Use

  1. Blys grants to you a revocable, non-exclusive, non-transferable license to:
    1. use and access the Platform on your personal device solely for the permitted use of making Booking Requests on these Terms.
    2. view the Website and the Mobile Application;
    3. print pages from the Website and the Mobile Application in its original form; and
    4. download any material from the Website and Mobile Application for caching purposes only.
  2. You acknowledge and agree that:
    1. Blys does not employ the Service Providers;
    2. Blys does not offer to or provide, perform or conduct Wellness Services nor does it act as an agent or broker for the Service Provider;  
    3. Blys does not participate in the interaction between you and the Service Provider except to the extent necessary to provide the Platform and the Support to facilitate the interaction, including the invoicing and processing of the Service Fee from behalf of Service Providers;
    4. any Third Party Sites are not controlled by Blys and do not form part of the Platform. You agree that you will not hold Blys liable or in any way accountable for anything that occurs on any Third Party Site; and
    5. you enter into these Terms and use the Platform entirely at your own risk.

 

Term

  1. These Terms commence on the date you access and use the Platform.
  2. Blys periodically reviews the Terms and reserves the right to amend the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website and Mobile Application, regularly as any changes to the Terms take immediate effect from the date of the publication on the Website and Mobile Application. The continued access and use of the Platform constitutes your consent to be bound by these Terms, as amended from time to time.
  3. These Terms continue in force unless and until terminated in accordance with these Terms.

 

Personal Information & User Profile

  1. To make a Booking Request, you must create and register a User Profile in the manner described on the Platform.  
  2. You will be issued with a username and password which will be linked to your User Profile. The username and password are personal to you and are not transferable.
  3. You are responsible for all information posted on or transmitted via the Booking System by anyone using your username and password and any payments due for the Wellness Service acquired through the Booking System by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.
  4. You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms.
  5. You acknowledge and agree that all information supplied by you in using the Platforms and the Booking System will be true and accurate at all times.
  6. Blys may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.

 

Booking System

  1. You must use the Booking System to make a Booking Request.
  2. Once you have submitted the Booking Request Details on the Platform, the Booking Request Details will be made available to a Specific Service Provider, or to a group of Service Providers on the Blys Network where an available Service Provider can view and then accept the Booking Request.
  3. On acceptance of a Booking Request, the Platform will:
    1. send a Notification confirming your Booking;
    2. deduct the Service Fee and Platform Fee from the Payment Method registered on the User Profile; and
    3. send on completion;
      1. on behalf of the Service Provider, a receipt for the Service Fee to your email address registered on the User Profile,
      2. on behalf of the Blys, a receipt for the Platform Fee to your email address registered on the User Profile.
  4. The Service Fee is the amount specified on the Platform for the Wellness Service and is determined by a variety of factors such as the type of the Wellness Service, Booking Length, location of the Property, and booking date and time. 
  5. You acknowledge that the Service Fee or the Platform Fee may be subject to change from time to time and Blys is under no obligation to notify you of the change.  
  6. The Platform provides you with a function to make a Direct Booking Request or a Rebooking Request for a Specific Service Provider however this is subject to the availability of the Specific Service Provider.
    1. If the Specific Service Provider is unavailable, upon your approval, your Rebooking Request will convert into an ordinary Booking Request and processed in accordance with this clause 6.
    2. If the accepted Service Provider Abandons the Booking, the Platform will aim to locate an alternative Service Provider for the Booking.  If an alternative Service Provider cannot be arranged, you will receive a Notification notifying you that there is no available Service Provider and a new booking time and date is to be made on the Platform.
    3. You will receive a refund of the Service Fee and the Platform Fee if a new booking date and time cannot be confirmed by another provider on the Platform.
  7. On some occasions, if and when, deemed necessary by Blys, Blys may accept booking requests over the phone. When the Booking Request is received over the phone, the payment by the client must be made in full, with a valid Payment Method on the User Profile or over the phone, and within a specific period of time after the Service Provider has accepted the Booking Request.  Failing to do so may result in Blys cancelling the Booking.
  8. You acknowledge and agree that:
    1. Blys is not a party to any agreement made between you and the Service Provider;
    2. Blys has no control over and is not responsible for the actions or omissions of the Service Provider or any other users of the Platform;
    3. you are not permitted to engage the Wellness Service of a Service Provider other than through the use of the Platform;
    4. the Platform is to be used by you for the purpose of making a Booking Request, and for no other purposes;
    5. any speculative, false or fraudulent Booking Request is prohibited;
    6. the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorized to act; and
    7. abuse of the Booking System may result in you being denied access to the Platform.
  9. Blys is entitled, at its discretion:
    1. to stop making the Platform available to you without notice, and without providing any reason; and
    2. to add, change or withdraw functions available on the Platform.

 

Payment

  1. You agree that at the time of your first Booking, or when you add an additional Payment Method, your payment details will be transferred to Blys’ secure payment gateway.
  2. Upon the acceptance of a Booking Request by a Service Provider, Blys will take, the Booking Fee pursuant to the Booking. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
  3. If you are making a recurring Booking, Blys will take the initial Booking Fee immediately, and all recurring payments 3 days before the anniversaries of the initial payment. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
  4. Blys will hold the Service Fee on behalf of the Service Provider until Blys:
    1. accounts the Service Fee to the Service Provider; or
    2. pays a refund to you (if you are entitled to a refund).
  5. If you are entitled to a refund of the Service Fee and/or the Platform Fee, Blys will aim to process the refund within 48 hours of the right to the refund arising.

 

Changes and Cancellations

  1. As part of the agreement between Blys and the Service Provider, Blys, on behalf of the Service Provider for the relevant Booking, will:
    1. allow you to make changes to the Booking, or cancel the Booking with a refund of the Service Fee, provided that such amendment or cancellation is made:
      1. more than twenty-four (24) hours before the scheduled Booking.
    2. charge you a cancellation fee equivalent to fifty percent (50%) of the value of the relevant Service Fee if you cancel or amend the Booking:
      1. less than twenty four (24) hours before the scheduled Booking but with at least four (4) hours’ notice; and,
      2. the Service Provider who accepted your booking request did not approve your change request.
    3. charge you a cancellation fee equivalent (100%) to the relevant Service Fee if the Service Provider who accepted your booking request did not respond to or approve your change request, and;
      1. you cancel or amend the Booking less than four (4) hours before the scheduled Booking; or
      2. the Service Provider is already “on the way” to the scheduled Booking, has arrived or has started the session; or
      3. you are more than 20 minutes late or do not show up to your scheduled Booking within 20 minutes after the scheduled start time; or
      4. you have not provided or arranged access for the Service Provider to the Booking location, or
      5. you have not indicated at the time of placing your booking request any pre-existing conditions, injuries or allergies which would be considered as contra-indications, or
      6. you have not provided a safe working environment for the Service Provider, including but not limited to being intoxicated and displaying antisocial behavior toward the Service providers or others in the Booking location, or having the Booking location unhygienic and present safety and health risk for the Service Provider.
  2. Unlike Service Fees, Platform Fee is non-refundable. Blys keeps the full (100%) of the relevant Platform Fee for all confirmed bookings if you cancel the booking after it has been accepted by a Service Provider, irrespective of the scheduled Booking time.
  3. All Bookings paid with Afterpay payment option accrue a cancellation fee equivalent to six percent (6%) of the value of the relevant Service Fee if you cancel or amend the Booking irrespective of the scheduled Booking time.
  4. All confirmed Group bookings (including but not limited to bookings for offices / teams, events, and other groups) will be subject to 10% of the Booking Fee, payable by you to Blys, if cancelled after Booking Request being accepted. Additionally, the following will also apply:
    1. 48 – 72 hours prior to scheduled Booking start time = 20%,
    2. 24 – 48 hours prior to scheduled Booking start time = 50%,
    3. 24 hours prior to scheduled Booking start time = 100%.
  5. The following will occur if the Service Provider is unable to fulfil a scheduled Booking (in full or part):
    1. the Booking Request Details will be re-loaded onto the Platform and sent to the Blys Network in an attempt to find a replacement Service Provider;
    2. if a replacement Service Provider cannot be located on the Blys Network, you will be prompted to enter a new time and date for the Booking Request;
    3. if there is no suitable time and date, you will be given the option to cancel the Booking and a refund will be made to your payment method registered on the User Profile.

 

Wellness Service

  1. Blys does not make any representations as to:
    1. the safety or quality of the Wellness Service provided by the Service Provider; or
    2. the safety or quality of the Equipment used by the Service Provider during the Wellness Service; or
    3. the condition or description of any products used by the Service Provider during the Wellness Service.
  2. Any issues regarding safety, quality, condition or description will be sent to Blys through the Platform and passed onto the Service Provider that completed the Booking.
  3. No Liability. To the fullest extent permitted by law, Blys will not have any liability whatsoever for any of the services provided by Providers. Providers bear sole liability for all of the services provided, including those services that are booked through the Service.
  4. The Services offered by the Service Providers on the Platform are strictly therapeutic. Any suggestions or comments by you that are in sexual nature before, during or after the Booking, will result in termination of the Booking and suspension of your account in accordance with clause 10 of this document with no refund, and may be reported to authorities as a matter of sexual harassment upon the request of complainant.
  5. Blys does not give any warranty or make any representation that the Service Providers have approved qualifications to be a Service Provider, however each Service Provider must complete an approved Onboarding process to receive access to the Platform and can be removed from the Blys Network at any time.
  6. Users understand that Providers providing the Services are highly trained, certified and licensed (where applicable under relevant state law) and specialize in medical, massage therapy, personal training, assisted stretch, yoga, mindfulness, and other health and wellness techniques, as applicable. Blys does not tolerate any requests deemed sexual or inappropriate in nature. Users reported for inappropriate behavior will be immediately removed from the Service. Blys Members agree that Treatments are for therapeutic purposes only and should not be used if the person who will receive the Treatment is on any medication that would be expected to weaken bone structure and/or connective tissue or lead to enhanced bleeding; have edema due to chronic heart failure or kidney failure; have an inflammatory condition in the acute stage; have acute phlebitis and/or deep venous thrombosis; have had an acute trauma or recent surgery; are in the first trimester of pregnancy; or where Treatment is otherwise contraindicated. A Blys Member who uses the Service to book a Treatment or Medical Treatment on his or her own behalf should consult a physician if uncertain as to whether a Treatment or Medical Treatment is appropriate for such User, and a User who uses the Service to book a Treatment or Medical Treatment on behalf of a third party should encourage that third party to do the same.
  7. Your Representations
    1. If you are utilizing in-home beauty Services in the state of Florida, you represent that the purpose of your request for the Services is in connection with: the motion picture, fashion photography, theatre or TV industry; photography studio salon work, i.e., hair arranging and cosmetics in preparation for a photo session; a special event, e.g. wedding, fashion show or other similar event; a trade show demonstration or educational seminar; or because of ill health you are unable to go to a licensed salon. If you are utilizing in-home beauty Services in the state of California, you represent that the purpose of your request for the Services is: incidental to the theatrical, radio, television or motion picture production industry; necessary due to your illness or other physical or mental incapacitation; or for the purpose of receiving recommendations and/or live demonstrations about products as well as potential purchase of products.

Medical-Related Disclaimers

  1. THE CLAIMS MADE IN CONNECTION WITH THE MOBILE APPLICATION OR THROUGH THE SERVICE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR MEDICAL CONDITION.
  2. THE CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE SERVICE, INCLUDING MATERIALS, (COLLECTIVELY, THE “CONTENT”) ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NONE OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICE SHOULD BE CONSTRUED AS PROFESSIONAL MEDICAL ADVICE OR CONSULTATION. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BY USING THE SERVICE, YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND THAT YOU WILL ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL MATTERS. IN NO EVENT WILL A MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP BE CREATED BY USING THE SERVICE.
  3. BLYS DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF ANY INFORMATION PROVIDED BY BLYS OR OTHER VISITORS TO THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE MAY CONTAIN HEALTH- OR MEDICAL-RELATED MATERIALS THAT SOME MAY CONSIDER SEXUALLY EXPLICIT. IF YOU FIND THESE MATERIALS OFFENSIVE, YOU MAY NOT WANT TO USE THE SERVICE.
  4. THE SERVICE IS CONTINUALLY UPDATED AND BLYS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY OR COMPLETENESS. BLYS MAKES NO WARRANTY THAT THE INFORMATION AVAILABLE ON THE SERVICE INCLUDES THE MOST RECENT FINDINGS.
  5. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE OR BY ANY PROVIDER TO YOU IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH, AS ALLOWABLE TO THE EXTENT OF THE LAW. THE SERVICE ARE NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
  6. ALTHOUGH BLYS PROVIDES INFORMATION ABOUT VARIOUS PROVIDERS ON THE SERVICE, BLYS DOES NOT RECOMMEND ANY OF THE PROVIDERS AND DOES NOT PROVIDE THE SERVICES RENDERED BY SUCH PROVIDERS. BLYS REQUESTS COPIES OF PROVIDERS’ LICENSES, CERTIFICATIONS AND OTHER BACKGROUND INFORMATION, BUT BLYS DOES NOT AND CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION-GATHERING OR THAT A PARTICULAR PROVIDER IS QUALIFIED TO PERFORM ANY GIVEN SERVICE.
  7. IT IS SOLELY THE RESPONSIBILITY OF EACH USER, AND NOT BLYS, TO DETERMINE WHETHER A GIVEN PROVIDER IS QUALIFIED AND CAPABLE OF RENDERING SERVICES. FURTHER, BLYS DOES NOT AND CANNOT GUARANTEE THAT ITS IDENTITY VERIFICATION PROCESSES (WHETHER OF USERS OR PROVIDERS) ARE ACCURATE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, BLYS DISCLAIMS ANY LIABILITY ARISING OUT OF A BLYS’S FAILURE TO ACCURATELY VERIFY THE IDENTITY OF A USER OR PROVIDER. YOU SHOULD EXERCISE COMMON SENSE AND CAUTION TO PROTECT YOUR AND OTHERS’ PERSONAL PROPERTY AND PERSONAL SAFETY. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY THIRD PARTY YOU INTERACT WITH IN OR THROUGH THE SERVICE.
  8. YOU AGREE THAT TREATMENT AND MEDICAL TREATMENT APPOINTMENTS MAY CARRY INHERENT RISK, AND BY REQUESTING A TREATMENT OR MEDICAL TREATMENT, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, THE TREATMENTS AND MEDICAL TREATMENTS MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY REQUESTING SUCH TREATMENTS OR MEDICAL TREATMENTS. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR APPOINTMENT. YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICE OR RECEIVING THE TREATMENTS OR MEDICAL TREATMENTS MADE AVAILABLE TO YOU BY BLYS AND THE POSSIBLE RISKS INVOLVED IN USING SUCH SERVICES. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.

 

Gift Vouchers

  1. Blys Gift Vouchers can be purchased from the Blys website, or from 3rd party retailers that Blys has agreements with.
  2. Blys Gift Vouchers can be redeemed at checkout on the Blys website, Blys mobile app, or over email or phone via the Blys Customer Support Team.
  3. Blys offers a seven day cancellation policy on all purchased Gift Vouchers providing they haven’t been redeemed yet. Blys Gift Vouchers can be cancelled by contacting the Blys Customer Support Team and quoting the voucher code.
  4. Unless otherwise stated and except for limited-time promotional offers, all Blys Gift Vouchers are valid for 5 years from the date of purchase. Gift Vouches may vary depending on the specific location or country of issue.
    4.1. Australia and New Zealand – 3 years from the date of purchase
    4.2. United States – 5 years from the date of purchase
    4.3. United Kingdom – 12 months from the date of purchase
  5. Unused Gift Voucher amounts are converted to store credit to be used on the Blys platform in future. Unused Gift Vouchers are not paid back to the purchaser.
  6. It’s the purchaser’s sole responsibility to ensure the recipient can redeem the voucher. For example, the recipient must be located in a location where Blys operates.

 

Termination

  1. Blys may at its discretion terminate your use of, or access to, the Platform at any time.
  2. If your use of the Platform is terminated:
    1. you will no longer be authorized to access the Platform or use any other services or products owned by Blys;
    2. the email address you used to register with the Platform or any other email address you possess will not be authorized to access the Platform or any other services or products owned by Blys;
    3. you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
    4. all licenses granted to you and all disclaimers by Blys and limitations of Blys’ liability set out in the Terms or elsewhere on the Platforms will survive termination.
  3. You may terminate these Terms at any time by emailing Blys at hello@getblys.com. Blys will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.
  4. Blys reserves the right to deduct any outstanding fees and charges owing to Blys and/or the Service Provider on your User Profile prior to disabling your User Profile.

 

Dispute Resolution

  1. You acknowledge and agree that:a. any Dispute between you and a Service Provider concerning the Wellness Service carried out by the Service Provider are directly between you and the Service Provider;b. Blys is not a party to any Dispute between you and a Service Provider;c. Blys is under no obligation to mediate any Dispute between you and the Service Provider however Blys will make reasonable endeavors to assist where necessary to mediate any Dispute between you and a Service Provider;d. you will be required to pay or reimburse any legal fees incurred by Blys as a result of having to mediate any Dispute between you and a Service Provider.
  2. Arbitration Agreement. Please read this carefully. It affects your rights. YOU AND BLYS AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Please visit www.adr.org for more information about arbitration.
    a. Commencing Arbitration. A party seeking arbitration must first send to the other by mail or electronic mail, a written notice of intent to arbitrate (a “Notice“), or, in the absence of a mailing address provided by you to Blys, to you via any other method available to Blys, including via e-mail. The Notice to Blys should be addressed to Get Blys Inc, 2810 N Church St, Wilmington, DE 1980, Attn: Chief Executive Officer or General Counsel or legal@getblys.com (the “Address“). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand“). If the claim is not resolved within 30 days after the Notice is received, then you or Blys may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA“) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules“), AS MODIFIED BY THESE TERMS. The Rules and AAA forms are available at www.adr.org. If you are required to pay a filing fee to commence arbitration against Blys, then Blys will promptly reimburse you for your confirmed payment of the filing fee upon Blys’s receipt of Notice at the Address that you have commenced arbitration along with a receipt for the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith.
    b. Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in New York County, New York, will be appointed pursuant to the Rules, as modified herein. You and Blys agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    c. No Class Actions. YOU AND BLYS AGREE THAT YOU AND BLYS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THIS ENTIRE MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
    d. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this deadline by 30 days in the interests of justice. Arbitration proceedings will be closed to the public and confidential, and all related records will be permanently sealed, except as necessary to obtain court confirmation of the award. The award will be in writing and will include a statement setting forth the reasons for the claim’s disposition. The arbitrator will apply New York state law during the arbitration. You agree that these terms and your use of the App evidence a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in These Terms. If the dispute is finally resolved through arbitration in your favor, Blys will pay you the highest of the following: (A) the amount awarded by the arbitrator, if any; (B) the last written settlement amount offered by Blys in settlement of the dispute prior to the arbitrator’s award; or (C) $1,000.
  3. Equitable Relief. The foregoing provisions of Dispute Resolution section do not apply to any claim in which Blys seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by Blys or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Blys, and your only remedy will be for monetary damages, subject to the limitations of liability set forth above.
  4. Claims. You and Blys agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
  5. Improperly Filed Claims. All claims you bring against Blys must be resolved in accordance with Dispute Resolution section. All claims filed or brought contrary to the Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to the Dispute Resolution section, Blys may recover attorneys’ fees and costs up to $5,000, provided that Blys has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
  6. Modifications. If Blys changes the Mandatory Arbitration provision (other than a change to Blys’s Address), then you may reject any such change by sending us written notice to Blys’s Address within 30 days of the change, in which case your Account and your right to use the Service will terminate immediately, and Dispute Resolution section, as in effect immediately prior to the amendments you reject, will survive termination of these Terms.
  7. Enforceability. If only  the entirety of Dispute Resolution section is found to be unenforceable, then the entirety of Dispute Resolution section will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Arbitration Proceeding section will govern any action arising out of or related to these Terms. Governing Law; Choice of Forum. The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.

Security of Payment

  1. We have taken all practical steps from both a technical and systems perspective to ensure that the payment details registered on the User Profile are well protected.
  2. A secure payment gateway is used to process all transactions and credit card details.
  3. Blys does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorized access to your information.

 
Referral Program (“Invite A Friend”)

  1. The Blys Referral Program (also known as ‘Invite A Friend’) allows registered Blys users to earn store credits by referring friends to Blys. Blys store credits are “points” that may be applied as credits toward future payments. To participate, a user must sign up to Blys, which means the user accepts Blys’s Terms as outlined in this page.
  2. Users can earn store credits towards future Blys bookings if (i) a referred friend clicks on their referral link or uses the referrer’s unique referral code to create a valid Blys account that complies with our Terms; and (ii) the referred friend completes a treatment booked through Blys. The referring user will be credited with the store credit amount described in the accompanying promotional materials or page for every new user she/he refers to Blys. For example, if the referring user invites five friends and all five of them sign up to Blys and completes a booking, the referring user will receive $100 store credits (i.e. five times $20).
  3. A user’s total store credits will automatically appear as a coupon on the checkout page, and will be applied in full to the total balance. Store credits can be combined with additional coupons or promo codes. Store credits may not be transferred or exchanged for any cash or money. Store credits can only be applied for bookings and gift voucher purchases, and not for purchases from the Blys Merchandise Store. Store credits may not be earned by creating multiple Blys accounts. Store credits accrued in multiple accounts may not be combined into one account.
  4. Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites).
  5. Referred friends that have signed up using a valid referral link or code will also receive a store credit toward their first booking on Blys. The standard store credit is $10, but may vary in some cases if the referred friend signed up or booked as part of a special promotion. Varying credit amounts and additional terms will be shown in the referral invitation or accompanying promotional materials or pages.
  6. A referred friend may only use one referral link or code. If a referred friend receives referral links or codes from multiple Blys users, only the corresponding user of the referral link or code used by the referred friend will receive store credit.

 
Privacy

  1. In this clause Personal Information means information that identifies, relates to, or could reasonably be linked with you or your household.
  2. The Platform collects and stores Personal Information you enter into the User Profile. Personal Information collected on the Platform will be maintained in accordance with our Privacy Policy available on the www.getblys.com/us/privacy.
  3. You agree that the Platform will disclose your Personal Information, including your name and address to the Service Provider in order for the Service Provider to complete the Booking.
  4. All parties  must abide by all relevant Federal, state and local laws in collection, use, disclosure and storage of Personal Information.

Why we review messages on Blys

We care about the safety of our providers and their clients. That’s why we’re careful when it comes to how everyone communicates on the Blys platform.

We may review, scan or analyze your messages on Blys, as we describe in our Privacy Policy. We do this for a number of reasons, including:

  1. Providing our service

  2. Identifying risks to our users

  3. Regulatory compliance

  4. Investigation

  5. Enforcing our Terms of Service and Community Policies, including our Codes of Conduct

  6. Providing customer support

  7. Research and analytics

  8. Improving or expanding our products and services

 

Keep your conversations on Blys

Communicating or paying outside of Blys can put you at risk, so one of the main reasons we analyze messages is to help protect against online fraud. That’s why it’s so important that you communicate only through the Blys chat feature.

By communicating and booking directly on Blys, you’ll have access to our secure payments platform, and 24/7 customer support.

Sometimes our system may block messages from being sent. We may also suggest or require texts to be removed from messages in certain circumstances, such as when our systems detect words or numbers that include contact information, references to other sites, external links or content that violates our Terms.

Your safety and Blys experience are important, but we value your privacy too. We never review, scan or analyse your messaging communications to send you third-party marketing messages. We don’t sell reviews or analyses of these communications.

 

 
Intellectual Property

  1. Nothing in these Terms constitutes a transfer of any Intellectual Property Rights on the Site Content. You acknowledge and agree that, as between you and us, we own all Intellectual Property Rights on the Site Content, the Platform, the Website and the Mobile Application.
  2. By posting or adding any content onto the Platform, the Website or the Mobile Application you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorize any other person to do the same thing.
  3. The Site Content is protected by copyright and Blys reserves all Intellectual Property Rights which may subsist in the Site Content and the Platform.
  4. You must not, without Blys’ prior written consent which may be withheld at its absolute discretion:
    1. copy, republish, reproduce, duplicate or extract Site Content;
    2. redistribute, sell, rent or license any Site Content; or
    3. edit, modify or vary the Site Content.

 

Acceptable Use

  1. You must not use, or cause the Platform to be used, in any way which:
    1. breaches any of these Terms;
    2. infringes Blys’ or any third party’s Intellectual Property Rights;
    3. is fraudulent, illegal or unlawful; or
    4. causes impairment of the availability or accessibility of the Platforms.
  2. You must not use, or cause this Platform to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
    1. spyware;
    2. computer viruses;
    3. Trojans;
    4. worms;
    5. keystroke loggers; or
    6. any other malicious computer software.
  3. You are solely responsible for compliance with any and all laws, rules, regulations, health and safety requirements (including but not limited to your local Coronavirus directives) and Tax obligations that may apply to your use of the Platform. In connection with your use of the Platform, you will not assist or enable others to:
    1. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies or standards;
    2. use the Platform or collect the contents on the Platform for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Blys endorsement, partnership or otherwise misleads others as to your affiliation with Blys;
    3. copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Platform in any way that is inconsistent with Blys’ Privacy Policy or these Terms or that otherwise violates the privacy rights of any user of the Platform or third parties;
    4. use the Platform in connection with the distribution of unsolicited commercial messages;
    5. contact another User for any purpose other than asking a question related to your Booking, Service Provider, or User, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
    6. use the Platform to request, make or accept a booking independent of the Platform, to circumvent any Service Fee or for any other reason;
    7. request, accept or make any payment for Wellness Services outside of the Platform. If you do so, you acknowledge and agree that you:
      1. would be in breach of these Terms;
      2. accept all risks and responsibility for such payment made outside of the Platform; and
      3. hold Blys harmless from any liability for such payment
    8. 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 personal identity, or otherwise engage in any abusive or disruptive behavior;
    9. use, display, mirror or frame the Platform or collect the contents on the Platform, or any individual element within the Platform, Blys’ name, any Blys trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Blys platform, without Blys’ express written consent;
    10. dilute, tarnish or otherwise harm the Blys brand in any way, including through unauthorized use of the content on the Platform, registering and/or using Blys or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Blys domains, trademarks, taglines, promotional campaigns;
    11. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
    12. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Blys or any Service Provider or any other third party to protect the Blys platform;
    13. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
    14. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform.

 
Indemnity and Liability

  • General Indemnity
    • You agree to indemnify Blys, on demand, against any claim, action, damage, Loss, liability, cost, charge, expense or payment which Blys may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of these Terms.
  • General Limitation of Liability
    • We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents or use of or reliance on Site Content or otherwise in connection with the Platform.
  • Wellness Services Liability
    • To the extent permitted by law, Blys will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) the Wellness Service.
  • Information Accuracy
    • You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by us, you or other users of the Platform or Website, and that Blys does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
  • Acceptance
    • By using this Platform, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are reasonable.

 
Warranties and Representations

  1. The use of this Platform is at your own risk. The Site Content and everything from the Platform is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.
  2. None of Blys’ affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Site Content or Platform.

 
General Provisions

  1. Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
  2. Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
  3. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
  4. These Terms shall be governed by and construed in accordance with the law for the time being applicable to Delaware and you agree to submit to the non-exclusive jurisdiction of the Courts of New Castle County Delaware.

Feedback

While our staff continually works to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our Users. If you send us or our employees any ideas or suggestions for products, services, features, modifications, enhancements, content, promotions, strategies, or product/feature names, or any related materials (collectively “Feedback”), then regardless of what your communication may say, the following terms apply, to avoid future misunderstandings. By sending us Feedback, you agree that:

  1. Blys will own, exclusively, all known or later discovered rights to the Feedback;
  2. Blys will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and
  3. Blys will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. Entire Agreement; Variation. These Terms and any license contained in Blys’s products set forth the entire agreement between Blys and you with respect to the Service; provided, however, that: (1) Providers will also be required to enter into the Provider Agreement and sometimes also an addendum to the Provider Agreement; (2) Blys may enter into additional agreements with you. In the event of a conflict between these Terms and the Provider Agreement, the terms of the Provider Agreement will govern.

Severability

If any provision of these Terms is held invalid, illegal or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of these Terms will not be affected thereby.

Relationship of Parties

Nothing herein will be deemed to create an employer-employee relationship between Blys and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.

Waiver

No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.

 

Assignment

Neither these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Blys and any attempt to do so will be null and void. However, Blys may assign or transfer these Terms at any time without your permission.

Third-Party Beneficiaries

The provisions of these Terms relating to the rights of Blys content providers are intended for the benefit of such content providers, and such content providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with their terms, irrespective of the fact that they are not signatories to these Terms.

If you’re a service provider using the Blys platform, please refer to the Software Licence Agreement.