Booking Terms

1. About Us
   1. Freestyle Cuts Ltd (company number 10927296) (we and us) is a company registered in England and Wales and our registered office is at 83 Lavender Hill, London, United Kingdom, SW11 5QL. We operate the website www.freestylecuts.com (us, we, our).
   2. To contact us please email our customer service to hello@freestylecuts.com.
   3. If we have to contact you we will do so in accordance to our Privacy Policy, which can be accessed on our app.
2. Our Contract with you
   1. These Booking Terms govern the use of the Platform and constitute a legally binding agreement between you and us. They also govern the provision of the Services to you by the Stylist. You should read these Booking Terms before you use this Platform.
   2. A legal agreement between you and us will come into effect when you start using the Platform.
   3. A separate legal agreement between you and the Stylist will come into effect when the Stylist accepts your booking and you receive a Booking Confirmation. When you make a booking, you understand that you enter into another direct legally binding agreement with the Stylist in accordance to these Booking Terms.
   4. These Booking Terms will be made only in the English language.
   5. You should print a copy of these Booking Terms or save them for future reference. You will be able to access these Booking Terms at any time by logging in to your User Profile.
   6. No terms or conditions endorsed on, delivered with, or contained in your purchase conditions, order, confirmation of order, specification or other document shall form part of these Booking Terms unless expressly otherwise stated in these Booking Terms.
3. Scope of Our Services
   1. The Platform is an online marketplace that enables registered stylists (“Stylists”) to publish and advertise their Services which may include cut, wash, blow dry, highlights, root tints, full head tints, tip dye, balayage, styling and a variety of other connected hair services (Services) on the Platform and to communicate and transact with registered users (Users, You, Yours) that are seeking to book such Services.
   2. The Booking Services and Services describe two different services and we bring your attention to this clause. The Services as defined in Clause 3.1 are provided by Stylists who are independent contractors.We provide the Booking Services which allows you to book the Services by using our Platform. As the provider of the Platform only, we do not own, create, sell, resell, provide, control, manage, offer, deliver, or supply Services.
   3. The provision of the Services booked through our Platform is the responsibility of the Stylist, which provides the Services. Stylists alone are responsible for the provision of the Services.
   4. Stylists register on our Platform as independent contractors and are not our partners or employees and should not be construed as such. We are an agent of the Stylist only in the limited capacity in relation to the Payments and as defined in Payment Terms in Clause 11.
   5. When the Stylist registers on our Platform, the Stylist will undergo our verification process. The verification process involves us requesting the Stylist to supply us with the copy of the ID, proof of address, evidence of insurance, evidence of qualification and/or evidence of industry experience and a basic criminal record check. (Verification Process).
   6. Whilst our Verification Process is obligatory and applicable to all Stylists who register on the Platform, we do not endorse any Stylist and any references to a Stylist being "vetted" or going through Verification Process (or similar language) only indicate that the Stylist has completed the Verification Process and our reasonable inspection of the validity of documents supplied and nothing else. Any such description is not an endorsement, certification or guarantee by us about the Stylist.
   7. The Booking Services include our assistance with booking the Service, provision of customer service in relation to the Service, and acting as an intermediary in an unfortunate event of a dispute between you and the Stylist in relation to the Service.
   8. It is the Stylists responsibility to ensure the existence, the truth or accuracy of Service descriptions, quality, safety, suitability and legality of the Services. It is also the Stylist’s responsibility to provide/supply us with genuine documentation during the Verification Process.
   9. While we may help facilitate the resolution of disputes, we have no control over and do not guarantee:
      1. the existence, quality, safety, suitability, or legality of any of the Services;
      2. the truth or accuracy of any Service descriptions or other information provided to you by the Stylist;
      3. the performance or conduct of any third party.
   10. To promote the Platform and to increase the exposure of Services to potential Users, we may display the Services on other websites, in applications, within emails, and in online and offline advertisements.
   11. Our Platform may contain links to third party websites or resources (Third-Party Services). Such Third- Party Services may be subject to different terms and conditions as well as different Privacy Policies. We are not liable or responsible for the contents, availability or accuracy of such Third-Party Services, or products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by us of such Third-Party Services.
   12. Due to the nature of the Platform, we cannot guarantee the continuous accessibility and uninterrupted availability of the Platform. We may also restrict availability of certain areas or features of the Platform. We may also change, modify, enhance, improve, restrict and introduce new Booking Services from time to time or introduce other Services supplied by other providers.
4. Scope of Stylist Services
   1. Stylists will provide the Services as defined in Clause 3.1 at the choice of your location (the Location ) and at a date and time of your choosing as confirmed in the Booking Confirmation. Any change to the location, date or time of the booking will be subject to Amendment and Cancellation terms which can be found in Clause 9.
   2. The Stylists will bring their tools but will need to use access to your facilities such as electricity or water, depending on the type of Services booked, i.e. to wash your hair, blow dry your hair etc. The Stylists will not bring the towels unless expressly otherwise agreed in your correspondence with the Stylist. It is your responsibility to ensure that the Location has those facilities that the Stylist may reasonably require to carry out the Services.
   3. You agree to provide a safe and adequate environment for the Stylists to carry out the Services.
   4. The Stylists will provide Services with reasonable care and skill.
   5. If you are unhappy with the Services provided, we ask that you notify the Stylist immediately so that this can be addressed during your appointment. You understand that the Stylist may have other appointments that day and that he/she may have to return to address your concerns. Unless the Service has been provided without reasonable care and skill, any amendments, changes to style, colour etc, will incur an additional reasonable fee.
   6. Please note that you must be at the location at an agreed date/time as in Booking Confirmation. Stylists may have other planned appointments later that day and may not be able to accommodate any extensions of time. If you are late for your appointment and if the Stylist reasonably believes that he/she is unable to complete the Service within the remaining time or is unable to perform part of the Service without putting you at risk, you will be charged 100% of the Service Fee. The Stylist may reasonably choose to carry out only part of service during the remaining time. Due to the health and safety reasons, it may be impossible for the Stylist to carry out part of the Services if the Stylist reasonably believes that he/she will not be able to complete the Services fully and if lack of performance of such Services would put you at risk.
   7. Only those who are over 18 may use the Platform. Certain Stylists may offer certain Services for those who are under 18 years old. They must however be accompanied by an adult for the duration of the Services and this would have to be agreed by the Stylist before you make the booking request.
   8. You may wish to have a child present during your Services. Please note that any delay in the provision of the Services caused because of the distractions caused by your need to supervise or attend to the child may mean that the Stylist is unable to finish the Services. If these Services have already commenced and the time designated for those Services has been unreasonably prolonged, the Stylist may have to charge you for the additional time spent. The fee will be reasonable and proportionate to the Service fee.
   9. Some Stylists may be allergic to pets. You must notify the Stylist if there are any pets present in the place where you choose to have the Services so that the Stylist can make an informed decision on whether to accept your booking. You understand that if you fail to do so and the Stylist attends the location to find a pet to which the Stylist is allergic, the Stylist will be unable to complete the Services, but you will still be charged a 100% of the Service Fee.
   10. You must advise the Stylist of any medical or physical conditions, allergies or injuries which could affect your choice of Services prior to booking the Services.
   11. DuringtheServicesyoumustadheretotheStylistsreasonableinstructions.
   12. If you are having your hair dyed, you must ensure that you undertake a Patch Test by making arrangements with the Stylist at least 48 hours before your appointment. You understand that if you refuse to take the Patch Test, this may invalidate the insurance policy of the Stylist and understand that if you have refused to take this test and decided to continue with the Services, the Stylist will not be liable for any personal injury caused to you as a result of your refusal to take a Patch Test.
   13. You must tell the Stylist if you are pregnant before your booking request as certain Services may not be suitable for you.
   14. You agree to not leave the Stylist unattended during the provision of Services.
   15. You agree to not smoke around the Stylist or do anything else that would put the Stylist at risk.
   16. Although reasonable precaution is taken to protect clothing and jewellery with gowns, towels and paper towels, we ask that you remove any jewellery before you receive Services and use chairs that are not covered in material that may be damaged by the dye as the Stylists will not be responsible for the damage to jewellery, clothing or furniture and furnishings caused by the Services. We therefore ask that you: (i) wear reasonable clothing for the duration of Services; (ii) take off your jewellery; (iii) use furniture that is suitable for the Services.
5. Use of Platform
   1. You must be at least 18 years old and be able to enter into legally binding contracts to access and use the Platform or create a User Profile. By accessing or using the Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
   2. In order for us to provide you with the Booking Service, we may collect Personal Data from you. Any data provided by you and collected by us will be processed in accordance to our Privacy Policy, which can be accessed on our app or website
   3. In accordance to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 we must provide you with certain information so that a valid and legally binding agreement can be established between you and us. This requirement information is set out in these Booking Terms.
   4. If you access or download the App from the Apple App Store you agree to the Apple’s Licensed Application End User License Agreement. Our Platform implements Google services, including Google Maps API’s and you understand and agree that such use is subject to the Google Maps/Google Earth Additional Terms of Service.
6. User Profile
   1. Before you are able to access and use certain features of the Platform, you must create a User Profile on our Platform.
   2. If you are creating a User Profile for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Booking Terms.
   3. In order to create a User Profile, you will need to use an email address and will be required to create a password. You are also able to create an account by using certain third-party social networking services such as Facebook. (SNS Account). You have the ability to disable the connection between your User Profile and your SNS Account at any time, by accessing the third party’s website and following their instructions.
   4. You undertake and warrant that the information that you provide is accurate, current and complete and that you will keep the User Profile information up to date at all times. You also undertake and warrant that the photograph that you submit on your User Profile is your genuine photograph and is reasonably up to date.
   5. You may not register more than one User Profile unless we expressly authorise you to do so and you may not assign or otherwise transfer your User Profile to another party.
   6. It is your responsibility to ensure that you maintain the confidentiality and security of your User Profile credentials and do not disclose them to any third party. You must immediately notify us if you know or have any reason to suspect that your information or your log in details have been lost or stolen, compromised or misappropriated. You are liable for any and all activities conducted on your User Profile unless such activities are not authorised by you or you are not otherwise negligent including but not limited in your failure to inform us of any potential or actual unauthorised use of your User Profile or loss of your credentials.
7. Fees and Charges
   1. The use of the Platform for Users is free and there are no fees payable by you for the use of the Platform.
   2. There are Service Fees, which are determined by the individual Stylist and are charged for the provision of the Services. We are not responsible for the Stylist’s decision to charge certain fees, but we may from time to time limit the Service Fees as long as they are in line and permitted in accordance to the EU Competition Laws.
   3. The Service Fee will normally be dependent on your current hair type, your requirements, length of the appointment, the type of Service, location of the Service, experience and qualification of the Stylist as well as other relevant factors.
   4. Any applicable Service Fees (including any applicable Taxes) will be displayed on the Stylist’s profile prior to you making the booking and may vary from Stylist to Stylist. Any Service Fee displayed on our Platform would be regarded as an invitation to treat only.
   5. When booking the Services, you understand that the Service fee will be collected by us on behalf of the Stylist.
   6. You are responsible for paying any Service Fees to us in accordance to these Booking Terms and you understand and agree that we have the right to enforce the payment of Service Fees on behalf of the Stylist.
8. Booking Procedure
   1. In order to use the Booking Services and to place an order, you will need to create a User Profile on the Platform.
   2. Subject to you meeting requirements set by the Stylist, subject to you agreeing to these Booking Terms, Our Privacy Policy and subject to availability of the Platform, you may book the Services by following the Booking Procedure.
   3. All the applicable fees in relation to the Services will be displayed to you before you make the booking. You agree to pay the total fees for any booking made in connection with your booking of the Services and as confirmed in your Booking Confirmation. You understand that you may incur additional reasonable fees if you are late for your appointment, if you wish to change the hairstyle/colour or if there are any other factors specified in Clause 4. These will be agreed between you and the Stylist, before the Stylist commences providing the extended or additional Services.
   4. You will be able to select the Service required, the time, date and location of the booking as well as the Stylist of your choice. Some of the Stylists have instructed us to automatically accept bookings on their behalf. These Stylists will have an indication of the Instant Book Facility, which will be represented by the lightning bolt that appears on the Stylist’s profile. Some Stylists have not given us such instructions and would therefore need to actively accept your booking upon receipt of your booking request.
   5. Before you make the booking, you will be asked to enter your payment details, which will be stored in accordance to our Privacy Policy and these Booking Terms. Please note that by submitting the booking you indicate that we can take the payment in accordance to these Booking Terms.
   6. Upon receipt of a booking request you will receive an Acknowledgement of Booking. Please note that this does not mean that your booking has been accepted. The Acceptance of your Booking by the Stylist will take place as described in Clause 8.7 and Clause 8.8.
   7. If we are instructed by the Stylist to accept a booking on their behalf, we will do so shortly after you have received Acknowledgement of Booking. If we are not instructed by the Stylist to accept a booking on their behalf, you may have to wait a little while until the Stylist actively accepts or declines your booking.
   8. If the Stylist (or we have on behalf of the Stylist) accepted your booking, you will receive a Booking Confirmation from us. Once you have received the Booking Confirmation from us, a legally binding agreement is formed between you and the Stylist.
   9. If you book the Service for someone else who is 18 years old and over (Another User), you are required to ensure that Another User meets all our requirements and is made aware and agrees to the Booking Terms and any terms and conditions or restrictions as set out in these Booking Terms.
   10. If you are making a booking on behalf of someone else who is below the age of 18 years old (Minor User), you represent and warrant that you are legally authorised to act on behalf of the Minor User. Minor User may only receive a Service if an adult who is responsible for them accompanies them during the provision of the Services.
   11. The Booking process allows you to check and amend any errors before submitting your booking to us. Please take the time to read and check your booking at each stage of the booking process before finally submitting your booking. It is your responsibility to ensure that you provide all the correct information to us and to the Stylist when you use or access the Platform, or book Services.
   12. If the Stylist is unable to supply you with the Services for any reason and declines your booking request, we will inform you of this by email. We will not process your booking and you will not be charged for the Services you wished to book.
9. Amendment and Cancellation
   1. By using the Platform you agree and understand that there are no obligations placed upon you to place a booking for the Services and that there are no obligations on us to provide you with the Booking Service.
   2. The following terms will apply for any bookings cancelled or amended before you receive the Booking Confirmation:
      1. If you have placed a booking you may cancel the booking at any time before you receive the Booking Confirmation. If you cancel the booking in accordance to this Clause 9.2 you will receive a Booking Cancellation Confirmation. There will be no payment due if you cancel the Service in accordance to this Clause 9.2 and if we have taken any payment in respect to this booking, you will be refunded the fee in accordance to Clause 9.5.
      2. If you have placed a booking you may amend the booking at any time before you receive a Booking Confirmation. If you amend your booking, this amendment request will be sent to the Stylist who will be free to either accept the amended booking or decline. If you amend the booking in accordance to this Clause 9.2.2 and the stylist declines the amendment, you will be sent a Booking Cancellation Confirmation. There will be no payment due if this happens and you will be free to rebook the Services again with another Stylist. If we have taken any payment in respect to cancelled booking, you will be refunded the fee in accordance to Clause 9.5.
      3. If you amend the booking in accordance to the Clause 9.2.2 and the Stylist accepts the amended booking, you will receive a Booking Confirmation. It is at this point that a legally binding agreement between you and the Stylist for the provision of the Services as set out in the Booking Confirmation will come into force. Please note that with the Instant Book facility, your booking will usually be accepted immediately after you have sent to us your booking request. In this event, you may be unable to request to alter your booking before you receive the Booking Confirmation.
   3. The following terms will apply for any bookings cancelled or amended after you receive the Booking Confirmation:
      1. If you wish to make amendments to the Booking after you have received a Booking Confirmation, please contact the Stylist first. If the Stylist is able to accept the changes requested, you will receive a Booking Confirmation notice with the updated details of your booking. If the Stylist is unable to accept the changes requested, the standard cancellation policy will apply in accordance to clause 9.3.2 and 9.3.3.
      2. You may cancel the Services within 14 days of your receipt of the Booking Confirmation (Cooling Off Period) if the date for provision of Services is more than 14 days away from the date you receive your Booking Confirmation. By selecting the date for the provision of Services that is less than 14 days away from the date you make the booking, you agree that this constitutes your express request that Services are provided to you within the Cooling Off Period and your statutory right to cooling off period will be forfeited.
      3. If you cancel the Services within the Cooling Off Period and you have already been provided the Services, you will be charged for the Services already provided to you.
      4. If you cancel the Services outside the Cooling Off Period but more than 24 hours before the Services were due to be provided to you, you will not be charged a Cancellation Fee.
      5. If you cancel the Services outside the Cooling Off Period but with less than 24 hours before the Services, you will be charged a 100% of the Service Fee.
   4. If you have already paid for Services and if you are entitled to a refund in accordance to this Clause 9, you will receive a refund by the method you used for payment within 14 days from the date we received the Cancellation Notice. We will deduct from any refund an amount for the supply of the Services for the period up to the time when you gave Cancellation Notice in accordance with this Clause 9 and for the Services already performed by the Stylist.
10. Your Obligations
    1. In your use of the Platform or in relation to the booking and provision of the Services, it is your responsibility to ensure that:
       1. when submitting your booking, you check it carefully to ensure that information and booking details are complete and accurate;
       2. you provide us with such information and materials we may reasonably require in order to supply the Booking Services, and ensure that such information is complete and accurate in all material respects;
       3. when using the Platform, you follow all the instructions and procedures and provide honest and correct information;
       4. you comply with all applicable laws, including health and safety laws;
       5. you pay the Stylist’s fees in a timely manner and as agreed;
       6. you are at the location, on the date and at the time of your appointment ready to receive the Services;
       7. comply with any additional obligations as set out in these Booking Terms; and
       8. comply with any reasonable instructions of the Stylist.
    2. In your use of the Platform or in relation to the booking and provision of the Services, it is your responsibility to ensure that you will not and will not assist or enable others to:
       1. Breach these Booking Terms, applicable regulations and laws and agreements with third parties;
       2. Use this Platform to advertise your services or any other commercial or other purposes that are not expressly permitted by these Booking Terms.
       3. Use this Platform in a way that falsely implies our endorsement or otherwise misleads others as to your relationship with our Platform.
       4. Use this Platform in breach of our Privacy Policy or use it in any other way that breaches our user privacy rights.
       5. Distribute unsolicited commercial messages.
       6. Use the Platform to request or make a booking which is independent from the Platform or to obtain the details of the Stylist for commercial or any other purposes.
       7. Accept, request or make any payment for the Services directly to the Stylist. If you do so you understand and acknowledge that you will be in breach of these terms and that you accept all the risks associated with this transaction.
       8. Accept, request or make any payment for the Services directly to the Stylist. If you do so you understand and acknowledge that you will be in breach of these terms and that you accept all the risks associated with this transaction.
       9. Engage in any abusive or disruptive behaviour towards our staff, other members or Stylists.
       10. Discriminateagainstorharassourmembersofstaff,stylistsoranyotherusersofthePlatformon the basis of gender, gender identity, physical and mental disability, medical condition, marital status, age, sexual orientation and/or race.
       11. Use, copy or exhibit the material and content of the Platform without our express written permission.
       12. Do anything that would damage or adversely affect the functionality and performance of the Platform, or that could damage or adversely affect the functionality and performance of the Platform.
       13. Contact the Stylists for any purpose other than in relation to the Services.
       14. Contact the Stylists to solicit them to offer Services to third party parties or on third party websites, applications, platforms or join third parties that offer same or similar Services
       15. You agree and acknowledge that you and the Stylist are each responsible for your own acts and omissions. If you book Services for someone else, you are responsible for the acts and omissions of any individuals whom you book the Services for.
    3. If our ability to perform the Booking Services is prevented or delayed by any failure by you to fulfil any obligations listed in the Clause 10.1 and Clause 10.2 (Your Default):
       1. we will be entitled to suspend performance of the Booking Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Booking Services in each case to the extent Your Default prevents or delays performance of the Booking Services. We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Booking Services;
       2. the Stylist will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve the Stylist from the performance of the Services in each case to the extent Your Default prevents or delays performance of the Services. The Stylist will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from Stylist’s failure or delay to perform the Services.
11. Payment Terms
    1. We will use technical and organisational measures to safeguard your personal data, for example:
    2. Once you receive a Booking Confirmation, a preauthorisation will be applied to your card for the amount due to the paid for the Services.
    3. Your payment will be reserved 24 hours before the time and date in your Booking Confirmation. (Payment Trigger).
    4. The payment will be collected by us on behalf of the Stylist immediately after the provision of Services. Our receipt of the correct payment will discharge your debt to the Stylist.
    5. You must pay all amounts due in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax if and as required by law).
    6. The payments made through the Platform (Payment Facility) are processed by a third-party payment services provider (Payment Provider). We take reasonable care to ensure that the Payment Facility is available and functioning at all times but cannot guarantee continuous or uninterrupted access to it. We cannot also guarantee that the Payment Facility is virus or error free.
    7. Access to the Payment Facility may also be occasionally restricted to allow for repairs, investigations, maintenance or the introduction of new facilities or services. Access to Payment Facility may also not be available if we are in the process of changing the Payment Provider. We will, where possible, aim to provide you with reasonable notice of any scheduled interruptions to such Payment Facility and will endeavour to restore and make such facility available to you as soon as reasonably practicable.
12. Disputes between you and Stylist
    1. In an event of dispute, you agree to cooperate with and assist us in good faith, and provide information and evidence as required by us and take such actions as may be reasonably requested by us.
    2. The Stylists will perform the Services with reasonable skill and care in accordance to Consumer Rights Act 2015. The Stylist must also perform the Services in line with information provided concerning the Service.
    3. If the Service is not provided to you in accordance to Clause 12.2, you may be entitled to a repeat performance of the Service in which case this will be performed within reasonable time by the Stylist at a mutually convenient date and time, and at the same location as an initial booking.
    4. Given the nature of the Service, you undertake to inform us within 24 hours if you believe that the Stylist has failed to perform the Service in accordance to this Clause 12.2 or if you are otherwise unhappy with the Service.
    5. To the maximum extent permitted at law, in no event shall the Stylist be liable whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the provision of the Services for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including without limitation damages for loss of use, loss of data, loss of profits, loss of anticipated savings, loss of opportunity, loss of agreements or contracts, lost revenues, loss of sales or business, loss of or damage to goodwill, loss of use or corruption of software, data or information, loss of anticipated saving or anticipated profits, or arising out of or in any way connected with the use or performance of the Services or with the provision or failure to provide the Services.
    6. The Stylist’s total liability to you arising under or in connection the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to Service Fees applicable to your booking.
    7. Nothing in these Booking Terms limits or excludes the Stylists liability for:
       1. death or personal injury caused by the Stylists’ negligence;
       2. fraud or fraudulent misrepresentation made by the Stylist; or
       3. breach of the terms implied by legislation or any other liability which cannot be limited or excluded by applicable law.
    8. This Clause 12 will survive termination of the Agreement.
13. Limitation of our Liability
    1. The availability and use of the Platform is on an ‘as is’ and ‘as available’ basis.
    2. As the Services are carried out by the Stylists and not us we are not responsible or liable to you for the actual Services that are booked through the Platform.
    3. To the maximum extent permitted at law, in no event shall we be liable whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Booking Services for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including without limitation damages for loss of use, loss of data, loss of profits, loss of anticipated savings, loss of opportunity, loss of agreements or contracts, lost revenues, loss of sales or business, loss of or damage to goodwill, loss of use or corruption of software, data or information, loss of anticipated saving or anticipated profits, or arising out of or in any way connected with the use or performance of the Platform or with the delay or inability to use the Platform, or with the provision or failure to provide Booking Services.
    4. Where we have been negligent and/or breached a contractual obligation to you, we will be liable for any loss or damage you suffer as a result, provided that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time you used the Platform.
    5. Booking Services are provided with reasonable skill and care.
    6. Nothing in these Booking Terms limits or excludes our liability for:
       1. death or personal injury caused by our negligence;
       2. fraud or fraudulent misrepresentation made by us; or
       3. breach of the terms implied by legislation or any other liability which cannot be limited or excluded by applicable law.
    7. Our total liability to you arising under or in connection with the Booking Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to Service Fees applicable to your booking.
    8. You understand that you cannot recuperate double liability from the Stylists and us.
    9. Except as expressly stated in these Booking Terms, we do not give any representations, warranties or undertakings in relation to the Platform. Any representation, condition or warranty which might be implied or incorporated into these Booking Terms by statute, including without limitation the terms implied by Consumer Rights Act 2015 or other legislation, by common law or otherwise are, to the fullest extent permitted by law, excluded from these Booking Terms.
    10. This Clause 13 will survive termination of the Agreement.
14. Termination
    1. You may terminate this agreement at any time by deleting your User Profile. You understand that if you delete your User Profile, these Booking Terms will still apply to any active bookings that you may have on our Platform.
    2. We may terminate this Agreement by giving you 30 days’ notice via email to your registered email address on the User Profile, subject to Clause 14.3.
    3. We may terminate this Agreement without notice if you have materially breached your obligations under these Booking Terms or any of our Policies as in force at the time or if we believe, in good faith, that such action is reasonably necessary to protect the personal safety or property of us, our staff, Stylists, Payment Provider and any other third party involved in the provision of any services for the facilitation of these Booking Terms.
    4. If we terminate your agreement in accordance to 14.2or Clause 14.3 we will refund you in full for any active bookings that have been cancelled.
    5. Upon termination of this agreement, your Personal Data will be kept in accordance to our Privacy Policy.
    6. If you or we terminate this Agreement, the clauses of these Booking Terms that reasonably should survive termination of the Agreement will remain in effect.
15. Communication between us
    1. When we refer to “in writing” in these Booking Terms, this includes email.
    2. Any notice or other communication given by one of us to the other under or in connection with these Booking Terms must be in writing and sent by email.
    3. A notice or other communication is deemed to have been received at the time it was actually received by us.d-Party Services you access before you elect to access it.
    4. In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.ation practices.
    5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action in which case normal service procedures. the privacy statements of these sites before you do so.
16. Assignment and Transfer
    1. We may without restriction assign, transfer or delegate our rights and obligations under these Booking Terms to another entity but will always notify you at least 30 days before we do so in writing. You will be able to terminate your Agreement if you will not agree with such assign, transfer or delegation.
    2. You may not assign, transfer or delegate the Services or your agreement with us and your rights and obligations under these Booking Terms without our prior written consent.
17. Variation
    1. We reserve the right to change these Booking Terms at any given time.
    2. We may change these Booking Terms from time to time by posting a revised version of it on our website. You will be able to see the most up to date version of the Booking Terms and the date and time of when these Booking Terms have become effective will be available at the top of the website page where these Booking Terms are available.
    3. Unless we have to do so without notice to comply with legal or regulatory requirements, we will confirm the date when the revised Booking Terms come into effect (Effective Date) and will provide you with at least 30 days’ written prior notice of the Effective Date of the revised Booking Terms.
    4. We may post the notice of the updated Booking Terms on our website and/or we may notify you of the change by e-mail, to the e-mail address you have used to register your User Profile on the Platform. We will also confirm the effective date of the Booking Terms and your right to terminate the Agreement if you are unhappy with the change of the Booking Terms.
    5. If you access or use our Platform or do not terminate your agreement before the Effective Date you will be considered as having consented to all the changes to the Booking Terms and your use and access of the Platform will constitute acceptance of the revised Booking Terms.
    6. If you disagree with the revised Booking Terms, you will be able to terminate this agreement. If you do not agree with the revised terms you must not use the Platform. If you do not agree to the changes in the Booking Terms you will be able to close your account at any time.
18. General Terms
    1. Except as they may be supplemented by additional terms and conditions expressly to which these Booking Terms refer, policies, guidelines or standards, these Booking Terms constitute the entire Agreement between us and you pertaining to the provision of Booking Services and supersede any and all prior oral or written understandings or agreements between you and us in relation to the access to and use of the Platform.
    2. You may not assign, transfer or delegate the Services or your agreement with us and your rights and obligations under these Booking Terms without our prior written consent.
19. General Terms
    1. A Stylist may enjoy the benefit and enforce the terms of this Agreement in accordance with the Contracts (Rights of Third Parties) Act 1999. Notwithstanding this, we do not require the consent of the Stylist to rescind or vary these Terms of Business, even if that variation or rescission affects the benefits conferred on the Stylist. These Booking Terms do not give rise to any rights to other third parties under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Booking Terms.
    2. These Booking Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
    3. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Booking Terms.
    4. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Platform.
    5. If any provision or part-provision of these Booking Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
    6. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Booking Terms.
    7. If we do not insist that you perform any of your obligations under these Booking Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations unless acknowledged and agreed by us in writing. Except as expressly set forth in these Booking Terms, the exercise by either party of any of its remedies under these Booking Terms will be without prejudice to its other remedies under these Booking Terms or otherwise permitted under law.
    8. We welcome and encourage you to provide feedback, comments and suggestions of how we can improve our Platform. You may submit feedback by e-mailing to hello@freestylecuts.com. By submitting your feedback or suggestions you grant as a non-exclusive, worldwide, royalty free, irrevocable sub licensable, perpetual license to use and publish those ideas for any purpose. You undertake and understand that if we do so there will be no compensation due to you and that any feedback submitted by you to us is non- confidential and not proprietary material to you.
    9. If you have any questions in respect to these Booking Terms, please email us to hello@freestylecuts.com