These Service Terms govern your access to and use of the Freestyle Cuts website including any subdomains thereof, and any other websites through which you advertise your Services (Website)our mobile, tablet and any other smart device application (App) and the Booking System through which Users are able to book your Services (Booking System.) The Website, the App and the Booking System together are hereafter referred to as Freestyle Cuts Platform (Platform).
Please read these Service Terms carefully, as they contain important information about your legal rights, remedies and obligations. They will tell you who we are, what type of services we will provide to you on the Platform, the scope of our services, the scope of your Services, how these will be provided by you to Users, and how we may change these terms or end the contract with you, what to do if there is a problem and other important information.
By accessing or using our Platform and advertising your Services, you agree to comply with and be bound by these Service Terms. If you do not agree to these Service Terms, you must not use our Platform or advertise your Services.
We recommend that you print or save a copy of these Service Terms for future reference. You will be able to access these under your Stylist Profile if you decide to create one on the Platform.
- About Us
- Freestyle Cuts Ltd (company number 10927296) (the Company, 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).
- To contact us please email our customer service to firstname.lastname@example.org.
accessed on our app.
- 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 Stylist 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.
- The Stylist is in the business of providing various hair dressing services such as cut, wash, blow dry, highlights, root tints, full head tints, tip dye, balayage, styling and a variety of other connected hair services (Services ).
- iThe Company believes that the Stylist has the necessary qualifications, experience and that all documentation and information provided by the Stylist is genuine, true and correct.The Company, in accordance to these Service Terms, will provide access to the Stylist to the Platform which is an online marketplace that enables registered stylists (“Stylists, you, yours")to publish and advertise their Services on the Platform and to communicate and transact with registered users ( Users )that are seeking to book such Services.
- The Stylist is an independent contractor willing to provide Services to the Users directly in accordance to these Service Terms.
- Both the Stylist and the Company agree and acknowledge that the Stylist is not obliged to provide Services to Users, but if the Stylist accepts the booking request from the User, he/she will provide such Services in accordance to these Service Terms.
- Both the Stylist and the Company agree and acknowledge that the Company is not obliged to provide access to the Platform but if the Company does provide access to the Platform, such access will be granted in accordance to these Service Terms.
- Booking Terms form part of the Service Terms and Stylist agrees and acknowledges that he/she has read and understood that the Services that they will provide to Users will be in accordance to Booking Terms. Where such terms contradict each other, the Service Terms shall take prevalence over the Booking Terms.
- These Service 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 by you to the User. You should read these Service Terms before you use this Platform.
- A legal agreement between you and us will come into effect when you start using the Platform.
- A separate legal agreement between you and the User will come into effect when the User makes a booking and you accept the booking. When you accept a booking, you understand that you enter into a direct legally binding agreement with the User in accordance to the Booking Terms.
- These Service Terms will be made only in the English language.
- You should print a copy of these Service Terms or save them for future reference. You will be able to access these Service Terms at any time by logging in to your Stylist Profile.
- iNo 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 Service Terms unless expressly otherwise stated in these Service Terms.
Scope of Our Services
- 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 of the Booking Terms will be provided by you. We provide the Booking Service which allows Users 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.
- The provision of the Services booked by Users through our Platform is the responsibility of the Stylist, which provides the Services. Stylists alone are responsible for the provision of the Services. Therefore, any Services that are booked by the User and are provider by you will be your sole responsibility.
- To promote the Platform and/or your Services 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.
- 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.
- 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.
Scope of Stylist Services
- Stylists will provide the Services at the choice of the location and at a date and time of the User’s 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.
- You are not obliged to accept a booking but if you do, you agree to provide the Services in accordance to these Service Terms and Booking Terms.
- In order to provide the Services, you will need to bring your tools. Your tools are your responsibility and you understand that we will not provide, replace, or supply any of the tools for your performance of Services.
- The Users undertake to provide you with access to the facilities such as electricity or water if these are needed for the provision of the Services. You are not required to take towels with you as the User should have them available unless this is agreed between yourself and the User before the User books the Services.
- You undertake to provide the Services with reasonable care and skill.
- If the User is unhappy with the Services provided and if you have provided services in accordance to Clause 4.5, any changes requested by the User would be subject to additional reasonable and proportionate fee. You agree that in an event of dispute between you and the User, in respect to what is reasonable and proportionate fee, our decision will be final. If you have other appointments that day and are unable to address the User’s concerns immediately after the initial appointment, you undertake to make reasonable arrangements with the User for you to come back another day/time within reasonable period of time.
- You must arrive to the appointment, on the day/time and at the location as confirmed in the Booking Confirmation. We understand that you may have other planned appointments later that day, and may not be able to accommodate any requests for extensions of time. You agree to reasonably make every effort to accommodate the needs of the User.
- If you are late to the appointment and as a result are unable to complete the performance of the Services, you must discuss this with the User prior to commencing performing the Services. If you are unable to complete the Services as a result of your lateness, the User has the right to decline part performance of the Services and you understand that the User will be entitled to receive a 100% refund.
- If you are late to the appointment, but you and the User mutually agree that you can complete the performance of the Services, you understand that the User will not be expected to pay additional fees other than agreed Service Fees in relation to these Services if it takes longer than anticipated due to your lateness.
- If you are late to the appointment, but you and User mutually agree that you can complete part performance of the Services, you agree that the Service fee for the part performance of the Service will be reasonable and agreed before you commence the part performance of the Services. If you are unable to agree on the proportionate fee for the part of Services, then you agree that you will not provide the Services and the User will be entitled to receive a 100% refund.
- If the User is late for your appointment and you reasonably believe that you are unable to complete the Service within the remaining time, or are unable to perform part of the Service without putting the User at risk, you will notify us and the User of this immediately. You may be entitled to a full fee but you undertake to provide as much of the Service as is reasonably possible within the remaining time without putting the User at risk.
- Only those who are over 18 may use the Platform to book the Services. Some Stylists may offer certain Services for children who are under 18 years old. If you are willing to provide the Services to those who are under 18 years old, you undertake to only do so if the Minor User is accompanied by an adult for the duration of the performance of the Services. Provision of Services to minors must be agreed between you and the User before the User makes a booking request.
- The User may wish to have a child present during the performance of your Services. Please note that any delay in the provision of the Services caused because of the distractions caused by User’s need to supervise or attend to the child may mean that you are unable to finish the Services. If these Services have already commenced and the time designated for those Services has been unreasonably prolonged, you may be able to charge for the additional time spent, proportionate to the Service fee.
- If you are allergic to pets, you must inform the User. The Users must notify the Stylist if there are any pets present in the place but you should always query this with the User. If the User fails to disclose the information and you arrive to the location to find a pet to which you are allergic, and as a result you are unable to perform the Services, you may be entitled to a 100% Service Fee without having to perform the Services.
- You must confirm if the User has any medical or physical conditions, allergies or injuries which could affect your performance of Services or User’s receipt of such Services. You must also confirm if the User is pregnant and undertake to consider and only provide Services that do not put the User at risk.
- If the User is having his/hair dyed, you must ensure that you insist on the User to undertake a Patch Test by making arrangements with the you at least 48 hours before your appointment. The Patch Test location/date/time must be independently agreed between you and the User and must be at least 48 hours before the provision of the Services. The Stylist will normally be expected to travel to the Location of where the Services will be performed unless otherwise mutually agreed between the User and the Stylist.
- You understand that if the User refuses the Patch Test and you continue providing the Service, this may invalidate your insurance policy. You must do all that is reasonably possible to carry out the Patch Test.
- You agree to not smoke around the User or do anything else that would put the User at risk.
- You undertake to use reasonable precaution to protect clothing and jewellery with gowns, towels and paper towels. You also undertake to remind the User to remove any jewellery before they receive Services. You agree to encourage the User to use furniture that is least likely to be damaged by the dye.
Use of Platform
- 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.
- Before you are able to access and use certain features of the Platform, you must create a Stylist Profile on our Platform.
- If you are creating a Stylist 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 Service Terms.
- In order to create a Stylist 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.
- You undertake and warrant that the information that you provide is accurate, current and complete and that you will keep the Stylist Profile information up to date at all times. You also undertake and warrant that the photograph that you submit on your Stylist Profile is your genuine photograph and is reasonably up to date.
- You may not register more than one Stylist Profile unless we expressly authorise you to do so and you may not assign or otherwise transfer your Stylist Profile to another party.
- It is your responsibility to ensure that you maintain the confidentiality and security of your Stylist 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 Stylist 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 Stylist Profile or loss of your credentials.
- Once you have registered your profile but before you are able to advertise your Services, you will need to undergo our verification process. The verification process involves us requesting you 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).
- You must provide accurate, current and complete information in relation to your skills, accreditations, qualifications, insurance and other information that is relevant to your provision of Services during the registration process and notify us immediately when any of the information initially provided becomes untrue or incorrect. You also undertake to provide us with only genuine and correct documentation.
- The Booking Services include our assistance and acting as an intermediary in an unfortunate event of a dispute between you and the User in relation to the Service. You agree and understand that our decision in relation to any dispute is final.
- It is your responsibility to ensure the existence, the truth or accuracy of Service descriptions, quality, safety, suitability and legality of the Services.
- While we may help facilitate the resolution of disputes, we have no control over and do not guarantee:
- the existence, quality, safety, suitability, or legality of any of the Services;
- the truth or accuracy of any information provided by you;
- the performance or conduct of any third party;
- The performance and conduct of the User.
- 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 and you agree to not imply, suggest, claim or infer otherwise.
- When offering a Service on the Platform, you agree to provide only complete and accurate information in relation to the Services. You must disclose any deficiencies, restrictions and provide any other important information that affects the provision of the Services to Users.
- Any instructions that you give to Users must not conflict these Service Terms of Booking Terms.
Acceptance of the Booking
- Your advisement of the Services will be treated as an invitation to treat only.
- You are not obliged to accept the booking but while you have an active Stylist Profile you undertake to either accept or reject the booking within 24 hours from the time you receive the booking request. If you do not accept the booking within 24 hours, the booking will be automatically rejected. Without prejudice to any other rights or remedies available to us, we retain the right to deactivate your Stylist Profile if you continuously fail to acknowledge the booking by either accepting it or declining it within the 24 hours.
- You are able to instruct us to accept all bookings on your behalf. If you do so, the Instant Book Facility will appear on your Stylist Profile. Once the Booking Request has been received, we will automatically accept the booking on your behalf.
- Once you accept the booking or we accept it on your behalf in accordance to Clause 8.3, a binding legal agreement will come into force between you as set out in the Booking Confirmation.
Fees and Charges
- There are no fees payable by you to us in order to register on the Platform.
- The Service Fees 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.
- You will be solely responsible for setting the Service Fee for your listing and you understand and agree that you will not be entitled receive anything other than the Service fees from either us or the User.
- You understand and agree to not request that the Guest pays a higher price than in the booking confirmation. Unless expressly permitted in accordance to these Service Terms.
- Any applicable Service Fees (including any applicable Taxes) will be displayed on your 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. You will be able to amend the Service Fee at any time, but this change will not be applicable to any active bookings.
- You understand and agree that we will deduct 25% from any Service Fees that are due to be paid to you for the provision of the Booking Services. (Booking Charge).
- You will be responsible for all out of pocket expenses and normal overhead expenditure incurred by you in the provision of the Services.
- If you are VAT registered, the fees that you allocate to your Service must include the VAT element and you undertake to account for any VAT payable yourself. Our Service Fee of 25% will be chargeable on the whole amount.
Amendment and Cancellation
- By using the Platform you agree and understand that there are no obligations placed upon you to provide the Service and no obligation by the User to book your service until the point you accept the Booking or we accept the booking on your behalf in accordance to Clause 8.3.
- You agree and acknowledge that you understand that Clause 9 of the Booking Terms will apply to all the amendments and cancellations.
- You agree and understand that if you cancel the booking with less than 24 hours’ notice this will cause great inconvenience to the User. In accordance to our Booking Terms and marketing policy, we will be intending to compensate the User for such inconvenience by way of credit. You therefore agree and understand that if you cancel the booking and fail to provide at least 24 hours’ notice before it is due to commence, we will retain £20 from any payment that is due to you with a view of compensating the User.
- In your use of the Platform or in relation to the booking and provision of the Services, it is your
responsibility to ensure that:
- when accepting the booking, you check it carefully to ensure that information and booking details are complete and accurate;
- 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;
- when using the Platform, you follow all the instructions and procedures and provide honest and correct information;
- you comply with all applicable laws, including health and safety laws;
- comply with any additional obligations as set out in these Service Terms.
- 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:
- Breach these Service Terms, applicable regulations and laws and agreements with third parties;
- Use this Platform to advertise your services or any other commercial or other purposes that are not expressly permitted by these Service Terms.
- Use this Platform in a way that falsely implies our endorsement or otherwise misleads others as to your relationship with our Platform.
- Distribute unsolicited commercial messages.
- Use the Platform to request or make a booking which is independent from the Platform or to obtain the details of the User or other Stylists for commercial or any other purposes.
- Accept or request direct payment from the User for the Services. 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.
- Engage in any abusive or disruptive behaviour towards our staff, other Stylists or Users.
- Discriminate against or harass our members of staff, other Stylists or any of the Users of the Platform on the basis of gender, gender identity, physical and mental disability, medical condition, marital status, age, sexual orientation and/or race.
- Use, copy or exhibit the material and content of the Platform without our express written permission.
- 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.
- Contact the Users for any purpose other than in relation to the Services.
- Contact the Stylists to solicit them to offer Services to third party parties or on third party websites, applications, platforms or join third parties.
- You agree and acknowledge that you and the User are each responsible for your own acts and omissions.
- If our ability to perform the Booking Services is prevented or delayed by any failure by you to fulfil any obligation listed in the Clause 10.1 and Clause 10.2 (Your Default):
- 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;
- the User will be entitled to suspend your performance of the Services until you remedy Your Default, and to rely on Your Default to relieve the User from the performance of his/her obligations.
- We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from your failure to perform the Services in accordance to these Stylist Terms or delay to perform the Services.
- You represent and warrant to the Company that, by entering into this agreement or performing any of his obligations under it, or in your performance of the Services to the User, you will not be in breach of any court order or any express or implied terms of any contract or other obligation binding on you and undertake to indemnify the Company against any claims, costs, damages, liabilities or expenses which the Company may incur as a result if you are in breach of any such obligations.
- You warrant that you are entitled to work in the United Kingdom without any additional approvals and will notify the Company immediately if you cease to be so entitled during the assignment.
Liability, Indemnity and Insurance
- You acknowledge that you will have personal liability for any loss, liability or costs (including legal costs) incurred by the Company or the User in connection with the provision of the Services.
- You understand and agree that you will have at all times appropriate insurance form a reputable insurance provider for the provision of the Services. You must ensure that you understand the insurance policy, any exclusions or requirements applicable to the insurance policy and undertake to adhere to the terms of the insurance policy at all times.
- You will immediately notify the Company if cover under the Insurance Policies is not renewed, or lapses, or is subject to material change, or if you become aware of any circumstances which may cause cover under the Insurance Policies not to be renewed, or to lapse, or to be subject to material change.
- You agree to produce for inspection by the Company at any time on reasonable request by the Company a copy of the Insurance Policies and any relevant renewal confirmation(s).
- You will notify the insurers of the Company's interest and will if possible cause such interest to be noted on the Insurance Policies. You will pay over all insurance monies received by you under the Insurance Policies in relation to the loss, liability or costs (including any legal costs) incurred by the Company as a result of your negligence or breach of the terms in relation to the provision of the Services.
- You acknowledge that the Company will be relying upon your skill, expertise and experience in in your field and warrant to the Company that:
- you will provide the Services to the Users in the manner and to the standard reasonably specified by the Company and/or reasonably expected by the industry standards;
- all representations and statements made and all documents provided by you will be accurate and appropriate for their respective purposes; and
- all information provided by you will be accurate and appropriate for its purpose.
- you agree to indemnify and keep indemnified the Company against any loss or costs (including reasonable legal costs on an indemnity basis), charges and other expenses of any nature whatsoever incurred or suffered by the Company whether direct or consequential (including such arising in consequence of a claim brought against the Company by one of its employees, Users or a third party in consequence of any breach of your warranties or of these Service Terms or any negligence on your part in connection with the provision of the Services or as a result of such reliance.
- You agree and acknowledge that you do not provide the Service to the company but to Users directly.
- You agree and acknowledge that you will be an independent contractor and as such will not be entitled to any pension, bonus, holiday, sickness or other fringe benefits from the Company or Users. Nothing in the terms of this Agreement will render you an agent, officer or employee, worker or partner of the Company or the User and you will not hold yourself out as such.
- Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other party, or authorise either party to make or enter into any commitments for or on behalf of the other party.
- Each party confirms it is acting on its own behalf and not for the benefit of any other person.
- You will be fully responsible for and hereby indemnify the Company and/or User for and in respect of any liability (including reasonable costs and expenses) for any employment-related claim or any claim based on worker status brought by you against the Company or any User arising out of or in connection with the provision of the Services except where such claim is as a result of any act or omission of the Company.
- The Company will provide payment service to the Stylists which includes collection of payment and pay-out for the Services.
- We will collect the payment from the User on your behalf in accordance to the Booking Terms. Our receipt of the correct payment will discharge User’s debt to you.
- Any payments that are due to you shall be made at the end of each month directly into your bank account.
- The payment will be collected from the User 24 hours before the time and date in your Booking Confirmation. (Payment Trigger).
- The Booking Charge will be deducted from any Service Fees that are due to be paid to you. You must pay the Booking Charge 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).
- 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.
- 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.
- You understand and agree that if we are unable to collect the payment from the User, we will not be liable to you for such payment but you will be free to pursue the User for such debt. If we are unable to collect the Service fee due to you, we may engage in collection efforts to recover such amounts from the User.
- If the User cancels the booking, we will refund the amount due to the User in accordance to the Booking Terms. You understand and agree that if we refund the Service Fee (or part thereof) to the User, that we will be unable to pay that Service Fee (or part thereof) to you. Any part Service fee collected will be paid to you in accordance to these Service Terms.
- If you cancel a confirmed booking, we may have to find a replacement for the User. We will use reasonable endeavours to find a substitute Stylist for the performance of the Services to the User. You understand that in such event, if the Stylist is more expensive than you, we may pass that difference onto you instead of the User. In this case you permit us to deduct the applicable difference from the Service Fee due to you.
- You agree and understand that we do not have any liability for cancellations or refunds aside from our obligations to pay out any Service Fees due to you which have already been collected from the User.
- You agree that in the event of a dispute and if we reasonably believe that the User is entitled to a refund of the Service Fee but we have already paid the Service Fee to you, we will be entitled to recover the amount of any such refund to you, including deducting such refund amount from any future Service Fee pay-outs due to you.
- We will take all reasonable steps to make Service Fees due to you in accordance to these Service Terms free of any processing errors. If however there are any such errors you agree to notify us as soon as you become aware of them, and we agree to rectify such errors within reasonable time.
- The Payment Services are provided without any warranty of any kind, either express or implied.
Tax and national insurance
- You acknowledge that we will not be operating PAYE or making or deducting any national insurance contributions in respect of the provision of Services and any Service Fees that we collect on your behalf.
- You will be responsible for, and will account to the appropriate authorities for, all income tax liabilities and national insurance or similar contributions payable in respect of the payments made to you under these Service Terms.
- If any claim, assessment or demand is made against us for payment of income tax or national insurance contributions or other similar contributions due in respect of the payments made to you under this Agreement, you will indemnify the Company against any liability, assessment or claim together with all reasonable costs and expenses and any penalty, fine or interest incurred by the Company in connection with or in consequence of any such liability, assessment or claim, where such recovery is not prohibited by law.
- The Company may at its option satisfy such indemnity (in whole or in part) by way of deduction from any payments to be made by the Company to you under these Service Terms.
- If any claim, assessment or demand is made against the Company for payment of income tax or national insurance contributions or other similar contributions due in respect of the payments made to you under this Agreement:
- no payment will be made by the Company to HMRC without you first being given particulars of any proposed payment and the opportunity at your own expense to dispute the basis for and amount of any payment;
- you will indemnify the Company against any liability, assessment or claim together with all
reasonable costs and expenses and any penalty, fine or interest paid by the Company in connection with or in consequence of any such liability, assessment or claim except where:
- such recovery is prohibited by law;
- such costs, expenses or any penalty, fine or interest arise out of the Company's negligence or wilful default;
- the amount payable by under this indemnity will be reduced by any amount paid by you to HMRC in respect of tax and national insurance contributions in accordance with Clause 15.1 above, except where HMRC has already set off any such amount paid by you against the Company's liability.
- All information or data of a confidential or proprietary nature (in whatever form including written form, electronically stored information, drawings, specifications, code, samples, prototypes) which is not in the public domain disclosed to or received by the Stylist (whether in writing, orally or by any other means), or to which the Stylist has access and whether or not labelled or designated as confidential and includes: (a) information relating to the products, services, business, proposed business, finances, transactions, clients and staff and affairs of the Company or the affairs of the Client and for the time being confidential to the Company or the said Client, (b) Intellectual Property Rights of the Company; (c) Intellectual Property Rights of the User; (d) trade secrets (including price and cost information, discount structures, sales statistics, business plans and programs, business opportunities, expansion plans, marketing surveys, research and development projects, formulae, inventions, designs, discoveries, know- how, methods, processes, techniques, other technical data, operating procedures, policies and practices) relating to the business of the Company or the business of its User’ and which are for the time being confidential to the Company or the said User; (e) information relating to the business, finances, dealings, transactions and affairs of any client, customer or supplier of the Company; (f) information in respect of which the Company is bound by an obligation of confidentiality to a third party; and any other information which is designated as confidential by the Company or which because of its character or the circumstances or manner of its disclosure is evidently confidential (Confidential Information ).
- Except in the proper performance of your obligations under these Service Terms, you will not at any time without the prior written approval of the Company use for your own benefit or for the benefit of any other person, firm, company or organisation, or directly or indirectly disclose to any person (and must use your best endeavours to prevent publication or disclosure of) any Confidential Information which has come to your knowledge during or in connection with the Services.
- The restrictions contained in this Clause 16 will not apply to:
- any Confidential Information which is already in or (otherwise than through your unauthorised disclosure) becomes available to, or within the knowledge of, the public generally; or
- any use or disclosure authorised by the Company or required by law.
- You undertake to use your best endeavours to prevent the unauthorised publication or disclosure by third parties of any Confidential Information.
- You undertake to not make (otherwise than for our benefit and for the performance of Services any notes, memoranda, records, tape recordings, computer programs, photographs, plans, drawings or any other form of record (whether electronic or paper) relating to any matter within the scope of the Company’s business or concerning any of the Company’s or the User’s dealings or affairs.
Anti-bribery and corruption
- You will:
- comply with the Bribery Legislation;
- not engage in any activity, conduct or practice which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, conduct or practice had been carried out in the United Kingdom;
- have in place adequate procedures to ensure compliance with the Bribery Legislation and use all reasonable endeavours to ensure that you comply with any Company policies relating to prevention of bribery and corruption (as updated from time to time).
- you will make or receive any bribe, (as defined in the Bribery Act 2010) or other improper payment, or allow any such bribe or other improper payment to be made or received on its behalf.
- Data Controller: has the meaning set out in section 1(1) of the Data Protection Act 1998.
- Data Subject: an individual who is the subject of Personal Data.
- Personal Data: has the meaning set out in section 1(1) of the Data Protection Act 1998 and relates only to personal data, or any part of such personal data, in respect of which the Customer is the Data Controller and in relation to which the Supplier is providing Services under the Contract.
- Processing and process: have the meaning set out section 1(1) of the Data Protection Act 1998.
- You acknowledge that for the purposes of the Data Protection Act 1998, you are the Data Controller and we are the Data Processor in respect of any Personal Data.
- We shall take reasonable steps to ensure the reliability of all our employees who have access to the Personal Data.
- Each party warrants to the other that it will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments.
- We warrant that, having regard to the state of technological development and the costs of implementing any measures, we will:
- take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to:
- the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and
- the nature of the data to be protected; and
- take reasonable steps to ensure compliance with those measures.
Disputes between you and User
- 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.
- The Stylists must 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.
- If the Service is not provided to the User in accordance to Clause 19.2, the User 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 without additional cost to the User.
- If you are aware, you undertake to inform us within 24 hours if you believe that the User is not satisfied with the Service.
- Nothing in these Service Terms limits or excludes your liability for:
- death or personal injury caused by your negligence;
- fraud or fraudulent misrepresentation made by you; or
- breach of the terms implied by legislation or any other liability which cannot be limited or excluded by applicable law.
Limitation of our Liability
- iThe availability and use of the Platform is on an ‘as is’ and ‘as available’ basis.
- 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.
- 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.
- Booking Services are provided with reasonable skill and care.
- Nothing in these Service Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation made by us; or
- breach of the terms implied by legislation or any other liability which cannot be limited or excluded by applicable law.
- 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.
- Except as expressly stated in these Service 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 Service 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 Service Terms .
- You may terminate this agreement at any time by deleting your Stylist Profile. You understand that if you delete your Stylist Profile, these Service Terms will still apply to any active bookings that you may have on our Platform until they are cancelled in accordance to these Service Terms.
- 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.
- We may terminate this Agreement without notice if you have materially breached your obligations under these Service 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, User, Payment Provider and any other third party involved in the provision of any services for the facilitation of these Service Terms .
- If you or we terminate this Agreement, the clauses of these Service Terms that reasonably should survive termination of the Agreement will remain in effect.
Communication between us
- When we refer to “in writing” in these Service Terms, this includes email.
- Any notice or other communication given by one of us to the other under or in connection with these Service Terms must be in writing and sent by email.
- A notice or other communication is deemed to have been received at the time it was actually received by us.
- 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.
- 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.
Assignment and Transfer
- We may without restriction assign, transfer or delegate our rights and obligations under these Service 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.
- You may not assign, transfer or delegate the Services or your agreement with us and your rights and obligations under these Service Terms without our prior written consent.
- We reserve the right to change these Service Terms at any given time.
- We may change these Service 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 Service Terms and the date and time of when these Service Terms have become effective will be available at the top of the website page where these Service Terms are available.
- Unless we have to do so without notice to comply with legal or regulatory requirements, we will confirm the date when the revised Service 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 Service Terms.
- We may post the notice of the updated Service 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 Service Terms and your right to terminate the Agreement if you are unhappy with the change of the Service Terms.
- 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 Service Terms and your use and access of the Platform will constitute acceptance of the revised Service Terms.
- If you disagree with the revised Service 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 Service Terms you will be able to close your account at any time.
- Except as they may be supplemented by additional terms and conditions expressly to which these Service Terms refer, policies, guidelines or standards, these Service 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.
- Unless it expressly states otherwise, these Service Terms do not give rise to any rights to third parties under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Service Terms.
- These Service 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.
- 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 Service Terms.
- If any provision or part-provision of these Service 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.
- 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 Service Terms.
- If we do not insist that you perform any of your obligations under these Service 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 Service Terms, the exercise by either party of any of its remedies under these Service Terms will be without prejudice to its other remedies under these Service Terms or otherwise permitted under law.
- 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 email@example.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.
- If you have any questions in respect to these Service Terms please email us to firstname.lastname@example.org