Terms of Service (Last Updated 15/5/14)
BEUTiFi.com, is the trading name for BEUTiFi Ltd, Company number 543947, Registered in Dublin, Ireland.
The site, application and services comprise an online platform through which members (Defined below) may create listings (Defined below) for services (defined below) and visitors (Defined below) may learn about, enquire and book services. You understand and agree that BEUTiFi is not a party to any agreements entered into between members and visitors, nor is BEUTiFi a hair or beauty service provider, agent or insurer. BEUTiFi has no control over the conduct of members, visitors and other users of the site, application and services and disclaims all liability in this regard.
"Member" means a Member who completes BEUTiFi's account registration process and creates a profile via the Site, Application and Services and included but is not limited to salons, salon professionals and professional freelancers.
"Visitor" means a Visitor who requests a booking of services via the Site, Application or Services, or a Member who books a service and is not the provider of such service.
"Membership Fees" means the subscription fee payable by a member to BEUTiFi for the right to create a profile via the site, application and services.
"Profile" means a range of services that is listed by a member as available for booking via the Site, Application, and Services.
"BEUTiFi Content" means all Content that BEUTiFi makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and BEUTiFi Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
You acknowledge and agree that, by accessing or using the site, application or services in any way or by downloading or posting any content from or on the site, via the application or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the site and application. if you do not agree to these terms, then you have no right to access or use the site, application or services, or collective content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
BEUTiFi reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work:
The Site, Application and Services can be used to facilitate the listing and booking of Hair and Beauty Services ("Services"). Such Services are included in Listings on the Site.
Application and Services by Members:
You may view Listings as an unregistered visitor to the Site, Application and Services. As stated above, BEUTiFi makes available a platform or marketplace with related technology for Visitors and Members to meet online and arrange for bookings of Services. BEUTiFi is not an owner or operator of services. BEUTiFi does not own, sell, resell, provide, manage and/or control any services. BEUTiFi's responsibilities are limited to: facilitating the availability of the Site, Application and Services.
Please note that as stated above, the site, application and services are intended to be used to facilitate the booking of services. BEUTiFi cannot and does not control the content contained in any profiles and the quality,legality or suitability of any services provided. BEUTiFi is not responsible for and disclaims all liability related to any and all profiles and services. Accordingly any bookings will be made at the visitor's own risk.
In order to access certain features of the Site and Application, or create a Profile, you must register to create an account ("BEUTiFi Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. You can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your BEUTiFi Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to BEUTiFi through the Site, Services or Application; or (ii) allowing BEUTiFi to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to BEUTiFi and/or grant BEUTiFi access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating BEUTiFi to pay any fees or making BEUTiFi subject to any usage limitations imposed by such third party service providers. By granting BEUTiFi access to any Third Party Accounts, you understand that BEUTiFi will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your BEUTiFi Account and BEUTiFi Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your BEUTiFi Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or BEUTiFi's access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your BEUTiFi Account and your Third Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. BEUTiFi makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and BEUTiFi is not responsible for any SNS Content. We will create your BEUTiFi Account and your BEUTiFi Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active BEUTiFi Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. BEUTiFi reserves the right to suspend or terminate your BEUTiFi Account and your access to the Site, Application and Services if you create more than one (1) BEUTiFi Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your BEUTiFi Account, whether or not you have authorised such activities or actions. You will immediately notify BEUTiFi of any unauthorised use of your BEUTiFi Account.
As a salon and freelance Member, you may create Profiles. Profiles will be made publicly available via the Site, Application and Services. Visitors and other Members will be able to send enquiries and book your Services via the Site, Application and Services based upon the information provided in your Profile. You understand and agree that once a Visitor requests a booking of your Service, the price for such service may not be altered without the consent of the visitor. You acknowledge and agree that you are responsible for any and all profiles you post. Accordingly, you represent and warrant that any Profile you post and the booking of a Service in a Profile you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Service included in a Profile you post, including, but not limited to, income tax laws, VAT legislations and corporation tax laws and (b) not conflict with the rights of third parties. Please note that BEUTiFi assumes no responsibility for a Members compliance with any applicable laws, rules and regulations. BEUTiFi reserves the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that BEUTiFi, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. You understand and agree that BEUTiFi does not act as an insurer or as a contracting agent for you as a Member. If a Visitor requests a booking of your Service and obtains your service, any agreement you enter into with such Visitor is between you and the Visitor and BEUTiFi is not a party thereto. If you are a Member, BEUTiFi makes certain tools available to you to help you to make informed decisions about which Visitors you choose to confirm for booking for your Services. You acknowledge and agree that, as a Member, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who provide services under your profile in relation to services booked through the site.
BEUTiFi does not endorse any Members or any Services. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member's purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. BEUTiFi will not be responsible for any damage or harm resulting from your interactions with other Members and Visitors. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from BEUTiFi with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members or Visitors on the Site and Services regarding any bookings or Listings made by you.
Booking and Financial Terms
In consideration for hosting members profiles on the site, BEUTiFi collects membership fees from members ("Membership Fees"). Membership Fees are payable on a monthly basis in advance. Membership fees are net of Vat and where applicable, VAT may also be charged in addition to the Membership Fees. Membership Fees are payable by direct debit/standing order into BEUTiFi's nominated bank account. Except as otherwise provided herein, Membership Fees are non-refundable.
The membership fees payable for your listing on BEUTiFi ensures your profile and website will stay live. In the case where BEUTiFi builds a website to the salon or professional, if salons cancel their monthly fee, they will loose access to their website. Customers may not 'buy' the website from BEUTiFi Ltd.
Transaction fees on bookings may be applicable in some cases on some membership plans. In this case, the agreed transaction fees will be charged to the clients card at the end of the month.
Members will be required to make recurring, incremental payments of their membership fees (collectively, "Recurring Payments"). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to your payment obligations for Membership Fees owed for subscription to BEUTiFi, you authorise BEUTiFi to collect the Membership Fees in the agreed amounts and at the agreed frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services until your subscription is cancelled. If there is a change in price of Membership Fees, you authorise BEUTiFi to adjust the recurring payment in line with the increased fees. BEUTiFi will provide at least 15 days notice of any change to membership fees. Both Members and Visitors agree to co-operate with and assist BEUTiFi in good faith, and to provide BEUTiFi with such information and take such actions as may be reasonably requested by BEUTiFi, in connection with any complaints or claims made by Members relating to Services or with respect to any investigation undertaken by BEUTiFi or a representative of BEUTiFi regarding use or abuse of the Site, Application or the Services.
Bookings and Financial Terms for Members:
If you are a salon Member that does not have an integration with any of the salon software companies we integrate with, and a booking enquiry is sent or a booking is requested for your Services via the Site, Application and Services, you are required to reply to this enquiry or booking request within 5 minutes. (as determined by BEUTiFi in its sole discretion) Freelance professionals must reply to booking requests within 3 hours. Your average response time will be displayed to the customer on your profile and will affect your ranking on the BEUTiFi platform. Members who respond fastest will appear above those who are slower.
If a Booking is recieved through a BEUTiFi Affiliate partner, Salon members agree to pay a transaction commission for each booking received. Salon members can opt in or out of the affiliate program.
Bookings and Financial Terms for Visitors:
The Members, not BEUTiFi, are solely responsible for honoring any confirmed bookings and making available any Services reserved through the Site, Application and Services. If you, as a Visitor, choose to enter into a transaction with a Member for the booking of a Service, you agree and understand that you will be required to enter into an agreement with the Member and you agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Member. You acknowledge and agree that you, and not BEUTiFi, will be responsible for performing the obligations of any such agreements, that BeautyCall is not a party to such agreements. BEUTiFi disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that BEUTiFi is not a party to the agreement between you and the Member.
General Booking and Financial Terms:
Cancellations and Refunds: The provision of the service is between the member and visitor and BEUTiFi is not party to this relationship. If either party cancel or cannot fulfill their part of the agreement, this is not the responsibility of BEUTiFi and there is no recourse to BEUTiFi.
BEUTiFi Special Offers
BEUTiFi provides consumers with opportunities to search and find special offers, products and services from third party businesses ("Merchants") with a time-limited promotional added value (a "Special Offer"). When buying a Special Offer, the terms and conditions which apply to your purchase are as set out below.
The customer does not purchase the deal through BEUTiFi.com. Instead BEUTiFi.com are an introductory service, introducing the client to the merchant, where the transaction is done directly with the merchant. As such BEUTiFi shall not be liable for any of the information displayed on the Special offers section of BEUTiFi.com.
BEUTIFI LTD makes no representations about the accuracy, reliability, completeness, or any other aspect of the Material in the Special Offers section. In particular BEUTIFI LTD makes no warranties or representations as to the accuracy, reliability or quality of any offers descriptions made available from the BEUTIFI LTD WEBSITE or as to the availability for purchase as shown on that website. The use of the BEUTIFI LTD WEBSITE and the Material is entirely at your own risk. Changes are periodically made to the BEUTIFI LTD WEBSITE and may be made at any time without notice. BEUTIFI LTD shall not be liable for any inaccurate data loaded to the offers section, even if this information was added to BEUTiFi.com by a member of the BEUTiFi team on behalf of the member. If this information is being loaded by the merchant, the merchant must ensure they have the copyright permissions, unless you are the copyright owner or have the permission of the copyright owner to post it;
BEUTiFi Gift Vouchers (Gift Vouchers sold on BEUTiFi.com)
BEUTiFi provides consumers with the opportunity to purchase a BEUTiFi Gift Voucher which can be used to pay for services at any salon who choses to opt into the Gift Voucher Programme.
Definition: Opt in members: Opt in members are members of BEUTiFi, including but not limited to Salons, salon based professionals and professional freelancers, who opt to accept BEUTiFi Gift Cards.
The Gift Voucher will be valid for 12 months
BEUTiFi Ltd will not accept any responsibility for Gift Vouchers that are lost, stolen or damaged.
Gift Vouchers cannot be exchanged for cash.
A BEUTiFi Gift Voucher can be redeemed against any 'Opt in member' that opts to accept BEUTiFi cards as indicated with a Gift Card icon on the profile of each member.
BEUTiFi Ltd do not accept any responsibility for claims, fraud, demands, losses, costs, expenses or liability of any kind whatsoever arising, suffered, arising from or in connection with any transaction or dealing between the Opt in members & a gift voucher holder or customer.
The salon agrees that it is the salons responsibility to check the validity of and balance on the voucher before acccepting it and that it is in now way the responsibility of BEUTiFi Ltd.
The opt in member list may change from time to time, and Opt in members listed may withdraw from the programme, at any time, but all such Opt in members will honour any valid gift cards issued in the name of the member on or before the date they ceased to be a member of the programme.
The salon understands that the cost of accepting a gift voucher is 12.5% + VAT, which BEUTiFi Ltd take prior to sending payment to a salon for a redeemed voucher.
It is up to each individual member to update their listing on BEUTiFi.com, therefore BEUTiFi Ltd cannot hold any responsibility for content appearing on a members individual listing.
Our Gift Voucher system is provided by Voucher Connect. Voucher Connect do not have any influence on your customer credit card transactions. We can not support nor counter claims of failed transactions due to invalid card numbers, insufficient funds or multiple transactions due to customer error on our site. We only validate transactions based on the server response given to us by our merchant partners.
Website User Conduct:
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not: 1. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; 2. use manual or automated software, devices, scripts robots, other means or processes to access, "scrape", "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content; 3. use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms; 4. copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms; 5. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; 6. interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; 7. use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; 8. use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence; 9. "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a BEUTiFi Visitor or Member; 10. register for more than one BEUTiFi Account or register for a BEUTiFi Account on behalf of an individual other than yourself; 11. contact a Member for any purpose other than asking a question related to a booking, such Members's Services or Availability; 12. contact a Visitor for any purpose other than asking a question related to a booking or such Visitor's use of the Site, Application and Services; 13. when acting as a Visitor or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to BEUTiFi, without BEUTiFi's prior written approval; 14. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; 15. use automated scripts to collect information or otherwise interact with the Site, Application or Services; 16. as a Member, submit any Service with a false or misleading price information, or submit any Service with a price that you do not intend to honor; 17. systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; 18. use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, BEUTiFi's name, any BEUTiFi trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without BEUTiFi's express written consent; 19. access, tamper with, or use non-public areas of the Site or Application, BEUTiFi's computer systems, or the technical delivery systems of BEUTiFi's providers; 20. attempt to probe, scan, or test the vulnerability of any BEUTiFi system or network or breach any security or authentication measures; 21. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by BEUTiFi or any of BEUTiFi's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content; 22. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information; 23. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
BEUTiFi will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. BEUTiFi may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that BEUTiFi has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. BEUTiFi reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that BEUTiFi, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the Ireland and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of BEUTiFi and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
BEUTiFi Content and Member Content License:
Subject to your compliance with the terms and conditions of these Terms, BEUTiFi grants you a limited, non-exclusive, non-transferable license, to (i) access and view any BEUTiFi Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BEUTiFi or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to BEUTiFi a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. BEUTiFi does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to BEUTiFi the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or BEUTiFi's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Widgets USE Terms and Conditions
PLEASE READ THESE WIDGET TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE BOOKING WIDGET.
By using graphics and code and any associated documentation for BEUTiFi's widgets (collectively, the "BEUTiFi Widgets"), you agree to be bound by these following terms and conditions. If you do not agree to all of these Terms and Conditions of use, do not use the BEUTiFi Widget!
BEUTiFi Ltd. ("BEUTiFi") may revise and update these Terms and Conditions at any time. Your continued usage of the BEUTiFi Widgets will mean you accept those changes.
BEUTiFi Widgets are small software modules operating within or connecting to BEUTiFi's environment and appearing on a device or Web Site of your designation, which provides you with access to a variety of content and services. Widgets, including the content and services provided therein, are made available for your use by BEUTiFi (each a "BEUTiFi Widget") subject to these Terms and Conditions.
Subject to these Terms and Conditions, and except as otherwise expressly set forth in these Terms and Conditions, BEUTiFi grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to download, access, and use BEUTiFi Widgets.
You may not do any of the following with any BEUTiFi Widgets: (a) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from BEUTiFi Widgets or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in BEUTiFi Widgets; (b) obtain or attempt to obtain unauthorised access to BEUTiFi's network; (c) incorporate BEUTiFi Widgets into any hardware or software device that you are not authorised to use or otherwise modify; (d) use, export, or re-export BEUTiFi Widgets in violation of applicable European laws or regulations; (e) sell, lease, loan, distribute, transfer, or sublicense BEUTiFi Widgets or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without BEUTiFi's prior, express, written permission; (f) use BEUTiFi Widgets in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions; and (g) use BEUTiFi Widgets for any enterprise, commercial, or human safety purposes which BEUTiFi Widgets were not designed. Any BEUTiFi Widget's failure in such cases could lead to injury or damage for which you agree that BEUTiFi is not responsible.
Ownership and Reservation of Rights
BEUTiFi Widgets, and any content or services provided by accessing them, are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Europe and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms and Conditions.
BEUTiFi may not offer any technical or maintenance support for BEUTiFi Widgets. BEUTiFi may offer upgrades or updates to BEUTiFi Widgets in its sole discretion. BEUTiFi may change, suspend, or discontinue any aspect of BEUTiFi Widgets at any time without notice to you. BEUTiFi may also impose limits on certain features and services or restrict your access to parts or all of BEUTiFi Widgets, related content and services without notice or liability.
Fees and Payments
BEUTiFi charges a small marketing fee on each booking made through the BEUTiFi Widget. We reserve the right to charge fees for future use of or access to BEUTiFi Widgets or BEUTiFi content and services at BEUTiFi's sole discretion. Fees are payable for the addition of booking widgets provided by 3rd party software companies or other companies to a website provided by BEUTiFi Ltd.
Third Party Software, Hardware, and Services
You agree that you are responsible for all third party software, hardware, and services used in connection with BEUTiFi Widgets. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with BEUTiFi Widgets, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party. BEUTiFi Ltd is not responsible for the management or maintenance of booking widgets provided by 3rd parties.
Salons and freelance professionals agree that the term of this Agreement is one year commencing on the Effective Date and will continue to renew automatically for successive one year terms unless terminated in writing on not less than 30 days’ written notice by either party, such notice to expire only at the end of the then current one year term. If a salon or freelance professional wishes to cancel within the 12 month period, the balance of the fees will be billed pro rata to what is due for the remainder of the year.
If the agreement is terminated at the end of the agreed term, the salons profile will be taken down from BEUTiFi, the booking widget will be removed from the salon website and the salon website, if provided by BEUTiFi Ltd, will be turned off.
Disclaimer of Warranties
Use of BEUTiFi Widgets and any Data, Content or Services accessed through them (e.g. New, or other information or services that are part of the BEUTiFi Network) is at your sole risk and these offerings are provided "AS IS."
Any Material or Service downloaded, accessed or otherwise obtained through your use of a BEUTiFi Widget is at your own discretion and risk, and you will be solely responsible for any results from the download or use of any material, information or service.
BEUTiFi and its licensors expressly disclaim all warranties of any kind, whether express or implied, relating to BEUTiFi Widgets, Data, Content, or Services accessed from, or the accuracy, timeliness, completeness, or adequacy of BEUTiFi Widgets and any Data, Content, or Services accessed from them including the implied warranties of title, merchantability, satisfactory, quality, fitness for a particular purpose, and non-infringement.
If BEUTiFi Widgets or any Data, Content, or Services accessed on the BEUTiFi Network proves defective or unsuitable in any way, you (and not BEUTiFi or its licensors) assume the entire cost of repair or injury of any kind, even if BEUTiFi or its licensors have been advised of the possibility of a defect or damages as may be allowed by specific legal jurisdictions.
You agree to indemnify and hold BEUTiFi and its licensors harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your download, access, and/or use of BEUTiFi Widgets, including any content or services provided therein, your violation of any term or condition of these Terms and Conditions, your violation of applicable laws or any rights of another person or entity.
Limitation of Liability
BEUTiFi and its licensors are not liable to you for any and all direct, incidental, special, indirect or consequential damages arising out of or related to BEUTiFi Widgets, Data, Content or Services contained within the BEUTiFi Network, or from your inability to use or access the Widgets and associated Data, Content or Services, whether the damage claims are brought under any theory of law or equity. Damages excluded by this paragraph include but are not limited to, those for loss of business, business profits, injury to person or property, business interruption, and loss of business or personal information. Some jurisdictions may not allow limitation of incidental or consequential damages so this restriction may not apply to you.
These Terms and Conditions continue until terminated by either party. You may terminate these Terms and Conditions by discontinuing use of all BEUTiFi Widgets and by destroying all your copies thereof. These Terms and Conditions terminate automatically if you violate any term hereof, BEUTiFi publicly posts a written notice of termination on BEUTiFi's web site, or BEUTiFi sends a written (including email or text message) notice of termination to you directly.
Salons and freelance professionals agree that the term of this Agreement is 12 months commencing on the Effective Date and will continue to renew automatically for successive one year terms unless terminated in writing on not less than 30 days’ written notice by either party, such notice to expire only at the end of the then current one year term. Salons and freelance professionals agree that BEUTiFi.com, SalonAddict and SalonMonkey invest time and costs in building the website up front. Salons are then billed over the 12 month period. The monthly payments cover the build cost of the website, hosting, website management and other costs and if a salon or freelance professional wishes to cancel within the 12 month period, the balance of the fees will be billed pro rata to what is due for the remainder of the period. The agreement will automatically renew monthly at end of agreed period.
Payments taken from CC monthly from date of sign up. A set up fee is taken on the sale agreed date. The monthly fees will start from the date of go live.
Failure to pay the agreed monthly sum will see the salon website being turned off.
Proprietary Rights Notices:
All trademarks, service marks, logos, trade names and any other proprietary designations of BEUTiFi used herein are trademarks or registered trademarks of BEUTiFi. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Termination and BEUTiFi Account Cancellation:
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your BEUTiFi Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event BEUTiFi terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your BEUTiFi Account you will remain liable for all amounts due hereunder. You may cancel your BEUTiFi Account at any time via the 'Cancel Account' feature of the Services or by sending an email to email@example.com. Please note that if your BEUTiFi Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
Service Level Agreement:
Salons and professionals agree to adhere to the BEUTiFi.com Service Level Agreement. This includes:
Adhereing to minimum business requirements
Proving certain minimum experience requirements
Salons & professionals must offer our clients a Free consultation at any time
If no team member has been selected in the booking, the salon must offer our clients the most senior person available to do the job in the salon.
Salons must commit to guaranteeing the most senior and experienced members of staff available for clients booking through BEUTiFi.com for all appointments that have not been booked with a specific team member.
Salons must Guarantee Satisfaction. If the client is not happy, salons must agreed to rebook the client in for an appointments to fix or redo the service. *T&C's apply.
Salons agree to have mystery shoppers visit the salon during the membership period.
Salons agree that if there are consistent complaints regarding service levels, they may be asked to leave the platform.
If you choose to use the site, application, services and participate in the referral program, you do so at your sole risk. You acknowledge and agree that BEUTiFi does not have an obligation to conduct background checks on any member, including, but not limited to, visitors and members, but may conduct such background checks in its sole discretion. The site, application, services, collective content and referral program are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, BEUTiFi explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. BEUTiFi makes no warranty that the site, application, services, collective content, including, but not limited to, the services or any profiles, or the referral program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. BEUTiFi makes no warranty regarding the quality of any services, profiles. No advice or information, whether oral or written, obtained from BEUTiFi or through the site, application, services or collective content, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, any members or visitors. You understand that BEUTiFi does not make any attempt to verify the statements of users of the site, application or services or to review or visit any profiles. BEUTiFi makes no representations or warranties as to the conduct of users of the site, application or services or their compatibility with any current or future users of the site, application or services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, visitors and hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by BEUTiFi.
Limitation of liability:
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and collective content, your profile listing or booking of any services via the site, application and services, any contact you have with other users of BEUTiFi whether in person or online remains with you. Neither BEUTiFi nor any other party involved in creating, producing, or delivering the site, application, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, application, services or collective content, from any communications, interactions or meetings with other users of the site, application, or services or other persons with whom you communicate or interact as a result of your use of the site, application, services, or from your profile or booking of any service via the site, application and services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not BEUTiFi has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will BEUTiFi’s aggregate liability arising out of or in connection with these terms and your use of the site, application and services including, but not limited to, from your profile or booking of any service via the site, application and services, or from the use of or inability to use the site, application, services, or collective content and in connection with any profile or interactions with any other members, exceed the amounts you have paid or owe for membership via the site, application and services as a visitor in the six (6) month period prior to the event giving rise to the liability or one hundred Euros (100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between BEUTiFi and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend, indemnify, and hold BEUTiFi and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking a Service, (iii) creation of a Listing or (iv) the quality of a service booked by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an enquiry or booking of a service.
These Terms constitute the entire and exclusive understanding and agreement between BEUTiFi and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Services made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between BEUTiFi and you regarding bookings or listings of Services, the Site, Application, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without BEUTiFi’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. BEUTiFi may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by BEUTiFi (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction:
These Terms will be interpreted in accordance with the laws of Republic of Ireland, without regard to its conflict-of-law provisions.
You and BEUTiFi agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and BEUTiFi are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and BEUTiFi otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this“Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this“Dispute Resolution” section will survive any termination of these Terms.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.
The failure of BEUTiFi to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of BEUTiFi. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact BEUTiFi at info@BEUTiFi.com.