Service Provider Terms & Conditions
Effective from:
These Terms of Service (the “Terms”) constitute a legally binding agreement between Beauty Spot App Ltd, its subsidiaries, and affiliates ("Beauty Spot App Ltd," "we," "our," or "us") and Service Provider (“you”, or “your”). These Terms will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between us and you for the use of our Website https://www.beautyspotapp.co.uk/ (the “Website”), Beauty Spot App (the “App”), and any other services we offer from time to time by or in connection therewith (together referred to as the “Platform” or “Beauty Spot App”). The Platform is owned and operated by Beauty Spot App Ltd, a company registered in England under company number 13681664, with its registered office at 71-75 Shelton Street, Covent Garden, London.
You understand that we provide a Platform where hair and beauty specialists and professionals (“Service Providers”) offer, list, and book their hair and beauty services for their clients (“Clients”) who seek to avail themselves of such services.
The Platform facilitates the aggregation of information about Service Providers, enabling them to advertise their services to potential Clients via the App. By using the Platform, they can manage their bookings seamlessly, enhance their earnings, and build a loyal Client base. The Platform is responsible for scheduling appointments and concluding the entire booking process and the Service Providers receive bookings based on their availability. Through the Platform, Service Providers can grow their beauty service business (collectively referred to as “Services”).
Digital Acceptance of Terms:
You understand and acknowledge that Beauty Spot App does not own, control, offer, or manage any beauty service listings on the Platform. We are not a party to the contracts entered into directly between Service Providers and Clients. Furthermore, we do not act as an agent for Service Providers or Clients in any capacity, nor are we a beauty service provider or organiser of beauty packages. Our role under these Terms is limited to administration and managing the Platform, including any Services made available to you on the Platform.
ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING.
By impliedly or expressly accepting these Terms, you also accept and agree to be bound by our Terms of Service (governing the use of Clients) and Privacy Policy as amended from time to time. We encourage you to read the Terms of Service (governing the use of Clients) and Privacy Policy in conjunction with these Terms to better understand how you can update, manage, export, and delete your information. If you do not agree with anything provided herein, please do not use or access our Platform and/or Services.
We reserve the unilateral right to change the particulars contained in these Terms from time to time, without notice to you and in our sole discretion. If we make any such revision in these Terms, we will update the effective date above and the revised Terms shall be effective from such date. You are required to frequently check these Terms and their effective date to understand the terms and conditions that apply to your use of our Services. Your continued use of the Platform and/or Services following such modification constitutes your acceptance of the modified Terms of Service, whether or not you have read them.
Further, we may change, suspend, and/or discontinue the Services at any time, including the availability of any feature, database, and content on the Platform. We may also restrict your access to parts and/or all of the Platform without notice in the event of technical disruptions or other similar events and we shall not be liable to you in such cases.
1. ELIGIBILITY
We welcome individuals and entities to utilise our Services, subject to adherence to these Terms of Service. To ensure clarity, Service Providers represent and warrant that they meet the following eligibility criteria:
1.1. they are not under the age of 13 years.
1.2. If they are over the age of 13 but under the age of 18, they have obtained their
parent/guardian’s permission to access the Platform.
1.3. they are 18 years old and capable of forming a legally binding agreement.
1.4. they demonstrate the intention and capacity to utilise our Services effectively;
1.5. they have the authority to enter into agreements and comply with the terms outlined
in these T erms on behalf of the entity; and
1.6. they must comply with applicable laws, regulations, and policies when using our
Platform and/or Services. It is their responsibility to ensure that their use of the Platform
does not violate any laws or regulations in their jurisdiction.
Please note that if you have been previously suspended or prohibited from accessing our Services by us or any competent authority, you are not allowed to use our Platform. Additionally, if you are engaged in or intending to engage in any activity that is illegal under applicable law, including but not limited to fraud, money laundering, and terrorism financing, you are prohibited from using our Platform and/or Services. Lastly, individuals with conflicts of interest that would prevent them from complying with these Terms or that would pose a risk to the integrity of the Platform are also not permitted to use our Services.
2. ACCOUNT CREATION AND REGISTRATION
2.1. Account Registration:
2.1.1. You are required to download the App from the Google Play Store or Apple Play Store to utilise our Services. To access the App and/or Services, you must register with us by setting up a Service Provider account (the “Account”). To create an Account, you must provide accurate, current, and complete information as prompted by the registration form. This includes, but is not limited to, a full name, mobile number, password, and email address. Alternatively, you can create an account using social login options like Apple or Google. You understand that registration on the Platform is mandatory, without which you will not be able to access the Platform and our Services.
2.1.2. If you have previously registered, you should log in/sign in to your Account using the same credentials provided during the initial registration process.
2.1.3. By registering and creating an Account with us, you need to create a profile for your business (“Business Profile”) in accordance with the terms outlined in Clause 3 of these Terms.
2.1.4. You understand and agree that after setting up an Account and before creating a Business Profile, you need to purchase a subscription plan subject to the subscription terms as outlined in Clause 5.1 of these T erms. Additionally, your earnings shall be subject to the Platform Service Fees as outlined in Clause 5 of these Terms.
2.1.5. Please note that to create a Business Profile, you need to provide your business name and location. If you work from home, you can choose to hide your full address and display only a specific area (e.g., Southwark) on your Business Profile under your Account. In such a case, your full address will be sent to Clients 48 hours before their appointment.
2.1.6. In order to utilise our Platform and/or Services, you understand that it is a prerequisite that Service Providers connect their bank account to Stripe before
proceeding with Account creation. You understand that without doing so you cannot complete your Account registration process.
2.2. Account Security and Update:
2.2.1. You are responsible for safeguarding your Account credentials and preventing unauthorised access to your Account. Any unauthorised use of an Account
must be reported to the Company immediately for investigation.
2.2.2. If you suspect that unauthorised access has been made to your Account, you must notify us immediately by email at help@beautyspotapp.co.uk. We will
investigate any alleged unauthorised Account activity. Notwithstanding any other terms pertaining to our right to disable or block access to your Account,
we reserve the right to disable or block your Account at any time when it is suspected that unauthorised access has been made to your Account.
2.2.3. If you share or allow others to have access to your Account, you assume exclusive liability and responsibility for all activities conducted on your Account,
as well as any resulting consequences.
2.2.4. You acknowledge and agree that we shall not bear any liability or responsibility for the activities or consequences arising from the use or misuse of any
information under your Account.
2.3. Your Responsibilities:
You agree:
2.3.1. to fully comply with all applicable laws and any other contractual terms that govern your use of the Platform (and any related interaction or transaction), and/or Services;
2.3.2. to provide your Account information accurately and failure to maintain such accurate information, including having an invalid or expired payment method, may result in the inability to access and use the Services;
2.3.3. to maintain the confidentiality of your password and take responsibility for all activities associated with your Account. We retain the right, at our sole discretion, to revoke, reclaim, or modify a username (or first/last name) you choose if we deem, in our judgement, that such username is inappropriate,
obscene, or otherwise objectionable;
2.3.4. to not create an Account on behalf of anyone other than yourself without their permission. Additionally, using a username with the intent to impersonate
another person, or using a username Account that is subject to the rights of someone else without proper authorisation, is not allowed;
2.3.5. to not assign or transfer your Account to any other person or entity;
2.3.6. to provide proof of identity to access or use the Services in certain cases. Refusal to provide proof of identity may result in denial of access to or use of
the Services;
2.3.7. that we shall not bear any liability or responsibility for the activities or consequences arising from the use or misuse of any information under your Account, including without limitation, situations where you have neglected to update your mobile phone number and/or email address on the Platform;
2.3.8. that in the event of a suspected security breach or misuse of your Account, we reserve the right to request a password change or suspend your Account, without incurring any liability to the Company, for a duration deemed appropriate in the circumstances. We disclaim any responsibility for any loss or damage resulting from your non-compliance with this provision;
2.3.9. that we do not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use, or your compliance therewith; and
2.3.10. to comply with all applicable laws and use the Services only for lawful purposes.
2.4. Account Suspension and/or Deletion:
2.4.1. You agree to promptly inform us of any unauthorised use of your Account. In the event of a suspected security breach or misuse of your Account, we reserve
the right to request a password change or suspend your Account, without incurring any liability to the Company, for a duration deemed appropriate in the
circumstances. We disclaim any responsibility for any loss or damage resulting from your non-compliance with this provision.
2.4.2. You shall be solely responsible for the accuracy and correctness of all such details/information given to you during Account setup. If we have reason to doubt the correctness of any details/information furnished by you or in case any information furnished by you is found incorrect, false, or misleading, we reserve the right to cancel or suspend your access to the Platform and/or Services permanently or for such period as we deem fit.
3. SET UP YOUR BUSINESS PROFILE
As a Service Provider, Beauty Spot App grants you the right to utilise the Platform in compliance with these Terms to list and offer your hair and beauty services to our dynamic community of Clients, all while earning revenue. Creating a Business Profile is straightforward, and you retain authority over your preferences including but not limited to pricing, availability, Booking Policy.
3.1. Business Information:
3.1.1. Basic Information: After creating an Account on the Platform, you must set up your Business Profile by providing essential business information, including
your business name and location. For Service Providers who work from home, you can choose to hide your full address and display only a specific area (e.g. Southwark) on your Business Profile. The full address will be sent to Clients 48 hours before their appointment.
3.1.2. Booking Policy: As a Service Provider, you are required to provide comprehensive booking and cancellation terms (“Booking Policy”) to ensure clear communication and mutual understanding between you and your Clients. This Booking Policy must include several key elements:
3.1.2.1. Specify the required notice period for cancellations before a deposit becomes non-refundable. You can select a timeframe that suits your business needs, such as 24, 48, or 72 hours (“Cancellation Window”). This ensures Clients are aware of the deadline to cancel their appointments without forfeiting their deposit.
3.1.2.2. Specify the initial amount required upon booking (“Deposit”). This can be set either as a percentage of the total service cost or as a specific monetary amount. The Deposit acts as a commitment from the Client and secures their booking while providing you with financial assurance. Specifying the Deposit is mandatory and is non-refundable except otherwise provided for in Clause 4.3 of these Terms.
3.1.2.3. You may provide Clients with the option to pay for services in advance (“Advance Payment”). This flexibility can enhance the booking experience for Clients who prefer to settle their payments upfront, ensuring a smooth and hassle-free appointment.
3.1.2.4. Specify the minimum amount of time in advance that a Client can book an appointment (“Booking Limits”). This allows you,
as a Service Provider, to manage your schedule effectively and ensures that appointments are booked with sufficient notice.
3.1.3. Availability: Service Providers can set their regular working hours (e.g., Monday – Friday, 9 am – 5 pm) and book off any time periods during which they do not want Clients to be able to book appointments. This flexibility allows Service Providers to manage their schedules effectively. However, it is crucial to keep
this information up to date to avoid scheduling conflicts and ensure a smooth booking experience for Clients. You understand that inconsistent availability of
information can lead to negative Client experiences and potential suspension of your Business Profile.
3.1.4. Promotional Codes: You can create promotional codes for Clients to use, setting the amount (percentage or monetary), usage limit, expiration date, and promo code name and description. Active promotional codes will show up on your Business Profile. Offering promotional codes can help attract new Clients and encourage repeat business. However, managing your subscription and promotional activities responsibly is essential to avoid disruptions in your
service availability and Client satisfaction.
3.2. Creating and Managing Your Business Profile:
3.2.1. Your service listing should provide comprehensive and accurate details about your hair and beauty-related services, including without limitation, service description, duration, and service charge. You must also upload at least four images or videos of your work to your gallery. These visuals are critical in showcasing your skills and services to potential Clients. It is your responsibility to maintain accurate listing information, including availability and gallery photos.
3.3. Approval of Business Profile:
3.3.1. Once you have completed setting up your Business Profile, it will be reviewed by our admin team. Upon approval, your Business Profile will go live on the
Client side of the App, enabling you to start taking bookings. Please note that the approval process may take some time, and you should ensure all provided
information is accurate and complete to avoid delays. Incomplete or inaccurate Business Profiles may be rejected, requiring you to resubmit the information for
review.
3.4. Ranking and Rating of your Business Profile:
3.4.1. The ranking and rating of your Business Profile in search results on the Platform are determined by multiple factors. Key parameters include the ratings
your services receive based on professionalism, service delivery, and Client feedback. Additionally, Client search parameters such as service type, location, and price range are taken into account. The overall Client experience, which includes customer service quality, cancellation history, and ease of booking,
also significantly influences your ranking.
4. MANAGE YOUR BOOKINGS AND APPOINTMENTS
4.1. Appointment Booking Confirmation:
4.1.1. When you receive an appointment booking confirmation from the Client through the Platform, you are entering into a direct contract with the Client. As a Service. Provider, it is your responsibility to deliver the agreed-upon service under theterms and at the price specified in your listing under your Business Profile. Additionally, on receiving bookings, you agree to pay applicable fees, such as the Platform's Service Fee (and any applicable taxes), for each booking. The
Platform will deduct the owed amounts (in this case, the Platform Service Fee) from the amount that is paid by the Client to you before it is added to your Beauty Spot App wallet. Please refer to Clause 5 to understand how Service Fee is charged on amounts received from the Client for your services.
You acknowledge and agree that we provide a Platform that enables you to offer your hair and beauty services to your Clients. Through our App, you can take bookings, manage your schedule, and withdraw your earnings to your bank account via Stripe. When Clients wish to book an appointment with you, they will be able to do so directly through the App.
4.2. Cancellation of Appointment:
4.2.1. Cancellation by Service Provider: The Service Provider can cancel bookings if necessary. If the Service Provider cancels a booking, the Deposit or the Advance Payment as the case may be shall be returned to the Client. In cases where the Advance Payment was made by the Client, the entire amount paid
will be refunded to the Client. However, excessive cancellations may negatively impact your Business Profile and lead to restrictions or penalties. It is important to manage your schedule carefully and communicate promptly with Clients to minimise cancellations and disruptions.
4.2.2. Cancellation by Clients: The Client has the ability to cancel their appointment at any time within the Cancellation Window as outlined in the Booking Policy of the concerned Service Provider or as outlined in Clause 3.1.2 of these Terms. However, the refund of their Deposit will only be provided if the cancellation is made within the Cancellation Window. If the cancellation occurs outside of the Cancellation Window, then in that case the Deposit shall become non-refundable. Additionally, if the Client has made the Advance Payment, then in that case the refunded amount will be less the Deposit, as the Deposit is non-refundable in either case. The refunded amount, if any, will be returned to the Client’s original payment method.
4.3. Client Dissatisfaction Issues:
4.3.1. In the event that a Client raises concerns or issues regarding the service provided by you, it is the responsibility of the Client to directly communicate with you for resolution. As an aggregator, we do not assume liability for refunds or disputes arising between you and Clients and we do not engage in refund processes or mediate disputes. You are encouraged to maintain high standards of service delivery and promptly address any Client concerns to uphold customer satisfaction and the reputation of our Platform.
4.4. Relationship with the Platform:
4.4.1. You understand that you are an independent individual or business with the Platform, not an employee or partner. The Platform simply helps collect payments but doesn't control your services. You decide when and how to offer your services, including pricing and terms.
5. PLATFORM PAYMENTS AND SERVICE FEE
5.1. Subscription Terms:
5.1.1. We offer monthly and annual paid subscription plans for our Services on our Platform. Service Providers must choose either an annual subscription at £109.99 or a monthly subscription at £9.99/month. The subscription plan includes without limitation access to a digital calendar, automatic SMS and email reminders sent to Clients, no-show protection, and other features as may be developed or offered from time to time.
5.2. Free trial: We offer a complimentary 30-day trial period allowing you to explore the basic features and functionalities available on our Platform before committing to a subscription plan. The trial begins immediately upon sign-up and/or Account creation. At the end of the 30-day trial period, if you choose not to unsubscribe, the plan chosen during sign-up will begin. Please be aware that certain limitations and restrictions may apply during the trial
period, and Beauty Spot App reserves the right to modify or terminate the trial offer at any time without prior notice.
5.3. Service Fee:
5.3.1. In order to facilitate seamless operations and cover essential Services, we charge a nominal Platform service fee of 5% (“Service Fee”) on the amount payable to the Service Providers. The said Service Fees shall be deducted from the Deposit or Advance Payment paid by the Client to you before it is
credited to your Beauty Spot App wallet.
5.3.2. You understand that Clients are liable to pay only the final amount of prices quoted by you and nothing extra towards the Service Fee. The Service Fee
shall be paid by you attributable to the payment received from the Client for your services.
5.3.3. Further, you understand and acknowledge that upon booking an appointment through the Beauty Spot App, Clients have the option to pay a Deposit or make an Advance Payment. If a Deposit is paid, it will be transferred to your wallet after
deducting a Service Fee. Similarly, if the Client chooses to pay the full amount upfront (i.e. Advance Payment), it will also be transferred to your wallet after deducting the Service Fee.
5.4. Wallet Withdrawal Request:
5.4.1. Service Providers may request a withdrawal from their wallet once they have marked the service as complete. Withdrawals typically take 2 business days to process, depending on your bank's processing times. For eligible service providers, instant payouts may be available.
5.4.2 However, the amount earned from bookings on the Beauty Spot App will initially reflect as pending in the Service Provider's wallet. Service Providers are unable to withdraw these funds until they have marked the service as complete following its conclusion. For the avoidance of doubt, to ensure accuracy and fairness, Service Providers are only permitted to mark appointments as complete after the scheduled time slot begins. For instance, if an appointment is scheduled from 8:00 PM to 9:00 PM, the Service Provider can only mark it as complete after 9:00 PM. This policy ensures that services are fully delivered before funds are released, promoting transparency and accountability within our Platform.
5.5. Payment Processor:
5.5.1. You agree and understand that we use Stripe (“Payment Processor”) as a provider of payment gateway services on the Platform. You acknowledge that
any payment made on the Platform shall also be subject to the terms and conditions of Stripe which can be found here.
5.6. Payment Terms:
5.6.1. You are authorised to use valid credit/debit cards, or any other accepted payment methods, including online banking facilities, for transactional activities
on our Platform. You are required to provide accurate and complete details of their credit/debit cards, or online banking accounts. It is your responsibility to ensure the correctness of the information provided, and any incurred costs, expenses, losses, or damages resulting from the submission of incorrect details
are solely your responsibility.
5.6.2. We disclaim any responsibility and liability for any loss or damage incurred by you during the utilisation of available payment methods on the Platform. This
includes but is not limited to, instances such as:
5.6.2.1. Lack of authorization for a transaction;
5.6.2.2. Exceeding the mutually agreed preset limit between you and the respective bank;
5.6.2.3. Payment issues arising from the transaction; and/or
5.6.2.4. Transaction being declined due to any other reasons.
5.6.3. All payments made against the purchases on the Platform by you shall be compulsorily in British Pound Sterling (GBP). The Platform will not facilitate transactions concerning any other form of currency with respect to the purchases made on the Platform. If you choose to pay using a different
currency, the applicable conversion rate will apply, and any conversion costs will be borne by you alone.
5.6.4. By accepting these Terms, you expressly authorise us and our Payment Processor to electronically collect, process, facilitate, and remit payments,
including the transaction amount, through electronic means on the Platform.
5.6.5. You acknowledge, understand, and agree that the payment facility provided by us constitutes neither a banking nor financial service. Instead, we function as a facilitator, offering an electronic, automated online payment, and remittance facility for transactions on the Platform through the existing authorised banking
infrastructure and credit card payment gateway networks. It is imperative to clarify that, in providing the payment facility, we assume neither the role of a trustee nor engage in a fiduciary capacity concerning the transaction, thereby absolving itself from such responsibilities.
5.6.6. We affirm that the information provided by you in this regard will be treated as confidential and will not be divulged to any third party, except as necessitated by the applicable laws, regulations, and/or processes of any government authority, and/or in connection with any judicial proceedings pertaining to legal actions, suits, and/or proceedings arising from or related to these Terms.
5.6.7. We diligently report and pursue both confirmed and suspected instances of credit/debit card fraud. We may request additional authorisation from you and
the decision to seek further authorisation rests solely with us. We retain the right to annul, postpone, decline delivery, or retract any transaction in case of
suspected fraud. We shall not be held liable to you for any losses arising from such cancellation.
5.6.8. During the transaction process, you understand that our Payment Processor may collect specific information such as user ID, time, date, IP address, and other relevant details aimed at identifying individuals involved in fraudulent activities. In cases where a transaction is suspected to be fraudulent, all records will be provided, with or without notice, to law enforcement agencies and the credit/debit card company for a thorough fraud investigation. We are
committed to collaborating with authorities to ensure the prosecution of offenders to the maximum extent permitted by law.
5.6.9. You can manage your payment settings through the Platform functionalities. Payments are processed securely through the Platform's designated payment gateway.
5.6.10. We reserve the right to periodically review and adjust pricing terms to adapt to market dynamics and service enhancements. You will receive timely notifications regarding any changes, and updates will be accessible through the Platform, but this will not affect payment for Services that have been previously paid.
5.6.11. You must make the payment in respect of our Services in advance, in cleared funds, in accordance with any instructions on our Platform. We retain the right
not to make any Platform services available until we receive cleared funds.
5.7. Cancellation of Subscription Plan:
5.7.1. You have the option to cancel your subscription plan at any time through the Platform's Account settings. Upon cancellation, you will continue to have access to the subscribed plan until the end of the current billing cycle. After this period, your subscription will be terminated, and you will no longer incur any further charges. Please note that upon cancellation, access to the App and all associated bookings will cease after 30 days from the cancellation date.
6. CONTENT GUIDELINES
6.1. In your use of the Platform, you may upload, post, provide, publish, display, link to, or otherwise make information necessary for the Services available via the Platform (collectively “Content”). This includes but is not limited to images and videos of your work under your Business Profile. You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute Content within the scope of the Platform's functionalities.
6.2. If the Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy.
6.3. You acknowledge that we may or may not pre-screen Content. However, we retain the right (but are not obligated) to pre-screen, refuse, or remove any Content and/or services from the Platform at any time, for any reason. This includes, but is not limited to, instances where we receive claims, allegations, or complaints from third parties and/or authorities related to such Content.
6.4. Your contribution to Content is subject to the understanding that it aligns with applicable laws and regulations. Additionally, you are required to ensure that the Content does not infringe upon the intellectual property rights of any third party. Prior to providing such Content, you must obtain the necessary permissions, authorisations, or licenses for trademarks, copyrightable works, or any other relevant intellectual property owned or controlled by a third party.
6.5. You represent and warrant that you have ownership, control, and responsibility for the Content you post or otherwise make available on our Platform, or otherwise have the right to do so. Your Content must not be misleading or unlawful, and must not violate any of these Terms, applicable laws, and regulations, or infringe or misappropriate any rights of any person or entity. We may remove your Content at any time, at our sole
discretion, if we have a concern about your Content.
6.6. Feedback and Reviews: You understand that the Platform provides functionality for Clients to submit reviews and feedback (“Reviews”) regarding the services received from Service Providers. These Reviews are valuable in maintaining transparency and assisting other Clients in making informed decisions. Clients have the ability to post Reviews based on their experience with Service Providers. You are permitted to view these Reviews but are not authorised to directly respond to them. However, if you identify a Review that violates our terms and conditions, they may report it through the designated "Report Problem" section. We will review reported reviews and decide whether removal is warranted, ensuring adherence to our community guidelines. It is
further important to note that once submitted, Reviews may be publicly visible and accessible to others who are accessing our Platform. We reserve the right to remove any Reviews posted in public forums that violate our policies or for any other reason deemed necessary at our sole discretion. You agree and acknowledge that the Reviews provided must:
6.6.1. be accurate, unbiased and shall not be discriminatory, offensive, or defamatory;
6.6.2. be exchanged for value, such as discounts, refunds, or reciprocal reviews, and must not be used to deceive or mislead others;
6.6.3. offer relevant information about the Client’s experience to assist other Clients in making informed decisions;
6.6.4. not cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
6.6.5. not involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising on behalf of any other person;
6.6.6. not promote any illegal activity, or advocate, promote, or assist any unlawful act;
6.6.7. not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age;
6.6.8. not infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
6.6.9. not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service, or our Privacy Policy.
6.7. You understand that Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. If you find any Reviews on the Platform to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, or non-compliant with the required criteria, please email us at help@beautyspotapp.co.uk. On receipt of your complaint, we may remove or block access to the Review complained of.
7. MANAGEMENT OF OUR PLATFORM
We reserve the right, but not the obligation, to:
7.1. We may monitor the App for any violations of these Terms. This includes reviewing your activities and contributions to ensure compliance with our policies and applicable laws.
7.2. We may take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms. This may include, without limitation, reporting you to law enforcement authorities and cooperating with legal investigations.
7.3. In our sole discretion and without limitation, we may refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof. This action may be taken without prior notice if we determine that such contributions violate these Terms or pose a risk to the Platform's integrity.
7.4. Without limitation, notice, or liability, we may remove from the App or otherwise disable all files and content that are excessive in size or in any way burdensome to our systems. This is to ensure the efficient operation and maintenance of the App.
7.5. We may manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App. This includes implementing security measures, user support protocols, and system optimisations.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Ownership Rights:
8.1.1. You acknowledge that no ownership of the Platform is being transferred. All rights, Intellectual Property, and interests in the Platform remain the exclusive
property of the Company, its affiliates, or its licensors.
8.2. Intellectual Property Rights:
8.2.1. All rights, title, and interest in and to the Platform, including any and all copyrightable materials or any other content thereof which is or may be subject
to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates, and widgets, literary work,
source, and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation,
derivatives and versions thereof, the “look and feel” of the Platform, Services, methods, products, algorithms, data, interactive features and objects,
advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customised URLs, trademarks, service marks, trade names and other
proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof,
are owned by and/or licensed to the Company.
8.2.2. Subject to the provisions of these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use our Platform strictly for its intended purposes. This licence explicitly does not confer any ownership rights to you, and any unauthorised use constitutes a material breach of these Terms.
8.2.3. All copyright and other intellectual property rights in the material on our Platform are reserved.
8.2.4. All intellectual property rights discovered, developed, or otherwise coming into existence as a result of, for the purposes of, or in connection with, the Platform or the provision of any Services will automatically vest in and are assigned to us, including any enhancements, improvements and modifications to the
Intellectual Property. You must not represent to anyone or in any manner whatsoever that you are the proprietor of the Platform and/or Intellectual
Property.
8.2.5. We respect the intellectual property rights of others, and you are expected to do the same. Uploading, posting, or otherwise transmitting any content that
infringes on the Company's or any third party’s intellectual property rights is strictly prohibited. We reserve the right to promptly remove any infringing content.
8.2.6. These Terms of Service permit you to use the Platform for your personal use only. This means you are not permitted to resell or give away any of the content
you view or download. You are not permitted to reproduce, modify, create derivative works of, publicly display, publicly perform, or republish any of the
material on our Platform, except as follows:
8.2.6.1. Your computer may store copies of such materials in RAM incidental to your accessing and viewing those materials.
8.2.6.2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
8.2.6.3. You may print or download a reasonable number of pages of the Platform for your own personal use and not for further reproduction, publication, or distribution.
8.2.6.4. We provide desktop, mobile, or other applications for
download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user licence agreement, if any, for such applications.
8.2.6.5. If we provide social media features with certain content, you may take such actions as are enabled by such features.
8.2.7. You must not:
8.2.7.1. Modify copies of any materials from this Platform.
8.2.7.2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
8.2.7.3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.
8.2.8. These Terms do not convey any right or interest in or to the Company’s Intellectual Property (or any part thereof), except only for the limited licence
expressly granted above. Nothing in these Terms constitutes an assignment or waiver of the Company’s Intellectual Property rights under any law.
9. REPORT COPYRIGHT INFRINGEMENTS
9.1. You agree not to upload or transmit any communications or Content that infringes or violates the rights of any party while using the Platform. We do not permit infringing materials to remain on the Platform and encourage you to promptly notify us if they believe any materials on the Platform, including advertisements or linked Content, infringe third-party copyrights.
9.2. Upon receipt of a proper notice of claimed infringement under the Copyright, Designs and Patents Act 1988 (the “Act”), we will respond promptly to remove or disable access to the allegedly infringing material. We will follow the procedures specified in the Act to resolve the claim between the notifying party and the alleged infringer responsible for the Content.
9.3. To report copyright infringement issues, please reach out to us at help@beautyspotapp.co.uk.
9.4. We reserve a right to terminate contractual relationships with third parties who repeatedly infringe the copyrights of others.
9.5. In the event that we receive notice regarding a copyright infringement, we may cancel your Account, or remove the Content or any part thereof in our sole discretion, with or without prior notice to you. Any notices filed pursuant to this, may be deemed accepted, applicable, and compliant with the Act, or not, at our sole reasonable discretion. We reserve the right to notify the person or entity providing the infringement notice of such an action and provide any details included therein.
9.6. The Company has no obligation to monitor or enforce any intellectual property rights that may be associated with the Content provided to us, but the Company does have the right to enforce such rights through any means it sees fit.
10. LICENCE FOR USE
10.1. Mobile Application Licence:
We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you. You are granted access to use the App strictly in accordance with the terms and conditions of this mobile application licence contained in these Terms. You agree not to use the App in violation of Clause 11 of these Terms. You understand that a breach of this Clause 10 may constitute a criminal offence under the Computer Misuse Act 1990. It will be incumbent upon us to report any such breach to the relevant law enforcement authorities and we will cooperate with those
authorities by any means allowed by law. In the event of such a breach, your right to use our Platform will cease immediately.
10.2. Apple and Android Devices:
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an 'App Distributor') to access the Platform:
10.2.1. The licence granted to you for our App is limited to a non-transferable licence to use the App on a device that utilises the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
10.2.2. We are responsible for providing any maintenance and support services with respect to the App as specified in these Terms or as otherwise required under
applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
10.2.3. In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor. The App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App.
10.2.4. You must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App.
10.2.5. You acknowledge and agree that the App Distributors are third-party beneficiaries of these Terms. Each App Distributor will have the right (and will
be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
11. ACCEPTABLE USES AND PROHIBITED USES
11.1. Subject to your compliance with these Terms, including the 'Prohibited Uses' defined in Clause 11.4 below, we grant you a non-exclusive, non-transferable, revocablelicence to:
11.1.1. access the Platform and/or Services;
11.1.2. and downloading the Content or any part of it, provided by you for utilising our Platform.
11.2. Subject to compliance with these Terms we may offer to provide the Services, as more comprehensively described on the Platform. These Services, selected by you, are intended solely for your own use and are not to be used or exploited for the benefit of any third party.
11.3. The provision of Services will be carried out on a best-efforts basis. We do not provide any warranties for the continuous availability or the accuracy of the Content.
11.4. We explicitly disclaim any responsibility for any harm resulting from the use, viewing, or downloading of any Content from the Platform. If you choose to access or use the Content, it is your responsibility to take necessary precautions to protect yourself and your mobile or any other device from viruses, worms, Trojan horses, and other harmful or destructive content. You acknowledge and agree that we shall not be liable for any damages that may arise from your use of the Content on the Platform.
11.5. You agree to be polite and respectful when you communicate or interact with others on the Platform or otherwise.
11.6. Prohibited Uses:
11.6.1. While using the Platform and/or Services, you consent to abstain from activities that contravene these Terms, encompassing fraudulent acts, spamming,
hacking, and any actions that could disrupt the operations of the Platform.
11.6.2. While using the Platform you are strictly prohibited from assuming the identity of others indulging in any conduct that may falsely represent their identity.
11.6.3. You shall not edit or otherwise modify any material on our Platform unless you own or control the relevant rights in the material.
11.6.4. You are also expressly prohibited from:
a. republishing or redistributing material from our Platform;
b. selling, renting, or sub-licensing material from our Platform;
c. showing any material from our Platform in public; or
d. exploiting material from our Platform for a commercial purpose.
11.6.5. You are prohibited from probing, scanning, or testing the vulnerability of our Platform without our permission.
11.6.6. You agree not to submit, transmit, or display the Content or any part thereof, or use in a context, that may be deemed as defamatory, libellous, obscene,
harassing, threatening, incendiary, abusive, racist, offensive, deceptive, or fraudulent, encouraging criminal or harmful conduct, or which otherwise
violates the rights of the Platform or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise
shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval.
11.6.7. You agree not to publish and/or make any use of the Platform and/or Services on any website, media, network, or system other than those provided by the Company, and/or frame,
“deep link”,“page-scrape”, mirror, and/or create a browser or border environment around any of the Services and/or Platform (or any part thereof), except as expressly permitted by the Company, in advance and in writing.
11.6.8. You are prohibited from using our Platform to copy, store, host, transmit, send, use, publish, or distribute any material that consists of or is linked to any
spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
11.6.9. You are prohibited from decrypting or deciphering any communications sent by or to our Platform without our permission.
11.6.10. You shall not conduct any systematic or automated data collection activities, which include without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our Platform without our express written consent.
11.6.11. You shall not use our Platform or Services except by means of our public interfaces.
11.6.12. You shall not use data collected from our Platform for any direct marketing activity, including without limitation email marketing, SMS marketing,
telemarketing, and direct mailing.
11.6.13. You agree not to remove or alter any copyright notices, watermarks, restrictions; and signs indicating proprietary rights of any of our licensors,
including copyright mark [©], creative commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Services and/or Platform.
11.6.14. You must not do anything that interferes with the normal use of our Platform, Software, and/or Services.
11.6.15. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
11.6.16. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
11.6.17. You are prohibited from copying, modifying, creating derivative works of, downloading, adapting, reverse engineering, emulating, migrating to another
service, translating, compiling, decompiling, or disassembling the Platform, the Software, the Services (or any part thereof), any content offered by Platform or
third party services for use and/or any part thereof in any way, or publiclydisplay, perform, transmit or distribute any of the foregoing without our prior
written and specific consent and/or as expressly permitted under these Terms;
11.7. Additional activities that are prohibited:
You may not access or use the Platform and/or our Services for any purpose other than that for which we make the Services available. The Services may not
be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Platform, you agree not to:
11.7.1. trick, defraud, or mislead us and any other users, especially in any attempt to learn sensitive information;
11.7.2. circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of the Content and any part thereof or enforce limitations on the use of the Platformand Services and/or the Content contained therein;
11.7.3. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
11.7.4. Use any information obtained from the Platform in order to harass, abuse, or harm another person; make improper use of our Platform and/or Services or submit false reports of abuse or misconduct;
11.7.5. use the Services in a manner inconsistent with any applicable laws or regulations;
11.7.6. engage in unauthorised framing of or linking to the Services;
11.7.7. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform and/or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform and/or Services;
11.7.8. attempt to impersonate another person or use the username of another person and/or Service Provider;
11.7.9. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms');
11.7.10. interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;
11.7.11. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
11.7.12. attempt to bypass any measures of the Platform and/or Services designed to prevent or restrict access to the Platform and/or Services, or any portion of the
Platform and/or Services;
11.7.13. copy or adapt the Platform’s Software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
11.7.14. except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the Software comprising or in any way making up a
part of the Platform and Services,
11.7.15. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or use or launch any unauthorised script or other software;
11.7.16. make any unauthorised use of the Platform and/or Services, including collecting email addresses of other Clients or Service Providers by electronic or other
means for the purpose of sending unsolicited emails by automated means or under false pretences. You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your access to our Platform and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services, if applicable.
12. SERVICE PROVIDER REPRESENTATIONS
12.1. By using the Platform, you represent and warrant that:
12.1.1. all the information you submit will be true, accurate, current, and complete;
12.1.2. you will maintain the accuracy of such information and promptly update such information as necessary;
12.1.3. you have the legal capacity and you agree to comply with these Terms;
12.1.4. your use of the Platform shall be solely for your own purposes;
12.1.5. if you register on our Platform as the representative of any entity, you represent that you are authorised to act on behalf of such entity and that such entity shall be bound to comply with these Terms upon your acceptance of these Terms;
12.1.6. you are not an unsupervised minor below the age of 18 in the jurisdiction in which you reside and you are responsible for adhering to your country's laws
when accessing our Platform and utilising our Services, given that the Company is located in London, United Kingdom;
12.1.7. you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise;
12.1.8. you will not use the Platform for any illegal or unauthorised purpose; and
12.1.9. your use of the Platform and/or Services will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding
online conduct and acceptable content, licensing, privacy, data protection, the transmission of technical data exported from England or the country in which
you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising).
13. LINKS TO THIRD-PARTY SITES
13.1. We may provide links to third-party sites on our Platform as a convenience to Service Providers and Clients. You hereby acknowledge that when you access third-party sites, you do so at your own risk.
13.1.1. You understand that external sites are beyond our control, and we are not accountable for the content, functionality, accuracy, legality, appropriateness, or any other aspect of such external websites or resources. The inclusion of any link does not imply endorsement or sponsorship by us or any association with
its operators.
13.1.2. We may provide access to services from external or third-party service providers, seamlessly integrated into our Platform. you acknowledge and agree
that any issues or non-performance of such services will be addressed on a best-effort basis, subject to the pass-through obligations as agreed with the
external/third-party service providers.
13.1.3. You are advised to exercise caution when navigating external sites and using integrated services and carefully review the terms and conditions and privacy
policies of all off-website pages and other websites that they visit.
13.1.4. We reserve the right to modify or remove links to third-party sites and services at any time without notice. Continued use of our Platform constitutes
acceptance of any modifications to the links provided.
13.1.5. You acknowledge that we collaborate with external or third-party service providers to enhance your Platform experience. Any collaborative efforts aim toimprove services but are subject to the terms and conditions agreed upon with the respective service providers.
13.1.6. You may be notified when they are leaving our Platform and redirected to access a third-party site or service. Additionally, we are not responsible for any
content, advertisements, products, or other materials available on external sites or through integrated services.
14. PLATFORM AVAILABILITY
14.1. While we do our best to keep the Platform up and running all the time, we can't promise it will always be perfect. Sometimes, there might be interruptions, delays, or errors, or the Platform might not be free of viruses. If there are any problems, we'll try our best to fix them as soon as possible.
14.2. You need the internet to use the Platform, and you'll have to cover the costs for that. We won't be responsible for those costs.
14.3. The Platform might not work with every device out there, and sometimes we'll need to update it, which might make some parts temporarily unavailable.
14.4. We're not liable for any business losses or other indirect losses you might experience while using the Platform.
14.5. You're responsible for having the proper internet connection and devices to use our Services. If you use wireless devices, you might have to pay extra fees to your mobile network. And while we try to make sure our Services work on most devices, we can't guarantee they'll work perfectly on every single one.
15. SECURITY OF YOUR INFORMATION
Please take a moment to review our Privacy Policy which governs not only your visit to the Platform but also details the terms related to the collection of information from you, security measures, access to your data, and the transfer of your information. Rest assured, any personal information or data you share with us while using the Platform is treated with the utmost confidentiality and is strictly handled in accordance with our Privacy Policy, as well as applicable laws and regulations. If you have any objections to the transfer or use of your information, we kindly advise against using the Platform. Your privacy and trust are of utmost
importance to us, and we strive to maintain the highest standards of data protection and security.
16. TERMINATION
16.1. These legal Terms shall remain in full force and effect while you use the Platform and/or Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY , DENY ACCESS TO AND USE OF THE SERVICES AND/OR PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY , OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
16.2. If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16.3. You have the liberty to terminate your Account whenever you wish by adhering to the instructions that are clearly outlined on the Platform.
16.4. Clauses including Indemnity, Disclaimer, and Limitation of Liability shall survive termination of these Terms.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Platform and/or Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these legal Terms will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
18. WARRANTIES AND DISCLAIMER
18.1. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF , INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT . WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THESERVICES, AND (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18.2. Service Providers acknowledge that we provide a Platform for connecting Clients with Service Providers offering hair and beauty services. We do not endorse, guarantee, or warrant any specific results or outcomes from the services provided by the Service Providers. Service Providers are solely responsible for the quality and results of the services they deliver.
18.3. Service Providers represent and warrant that they possess the necessary skills, qualifications, and certifications to provide the services offered. Service Providers agree to comply with all applicable laws, regulations, and industry standards. Beauty Spot App is not responsible for verifying the credentials or professional qualifications of Service Providers.
18.4. Service Providers must inquire about and consider any medical conditions, medications, or contraindications of the Client that may affect the safety or efficacy of the services provided. It is the responsibility of Service Providers to ensure that the services offered are suitable for each Client’s individual health status. On the other hand, Clients should be aware of the health risks and their allergies when selecting any hair and beauty services. It is strongly advised that you contact the Service Providers to obtain detailed information about the services offered and products used. We disclaim any liability for any harm or injury including but not limited to burns, skin or eye rashes, hair damage, respiratory issues etc., that may occur as a result of using any hair and beauty services or products chosen by you. You understand and acknowledge that we shall not assume any responsibility for health issues arising from undisclosed medical conditions or inappropriate treatments.
18.5. Service Providers are responsible for conducting appropriate allergy and sensitivity tests before providing any treatments or using any products on Clients. Clients must be informed about potential allergic reactions and the importance of undergoing patch tests. You understand and acknowledge that we shall not be liable for any allergic reactions or adverse effects that may result from the services provided.
18.6. The Platform and/or our Services are provided for you in the United Kingdom only. Whilst access to our Platform may be permitted from outside the United Kingdom, neither this Website nor our Apps are intended for such use and such persons access the Website and our Apps at their own risk.
18.7. You recognise that utilising Services and engaging with third-party services through the Platform involves inherent risks. We cannot ensure specific outcomes from such interactions and usage. Therefore, you assume all associated risks, liabilities, and potential harm that may arise from these interactions. These risks include but are not limited to, misrepresentation of information by third-party services, breaches of warranty or contract, rights violations, and any resulting claims or consequences.
18.8. Except as provided in these Terms, no further warranty, condition, undertaking, or term, express or implied, statutory or otherwise as to the condition, quality, performance, or fitness for the purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.
18.9. We do not recommend the use of the Services for hosting personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
19. LIMITATION OF LIABILITY
19.1. We bear no responsibility for any secondary, resultant, or incidental harm that may occur due to the utilisation or inability to utilise the Platform and/or Services.
19.2. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Platform and/or Services, even if we have been advised of the possibility of such damages.
19.3. We shall not be liable for:
19.3.1. unsuccessful transactions, delays, or financial losses due to events beyond our control or third-party services;
19.3.2. the Platform not meeting individual requirements, containing defects, or causing damage due to cyber attacks or other breaches beyond our control;
19.3.3. internet transmissions not being entirely private or secure; messages may be
read by others; and/or
19.3.4. under various legal theories, we shall not be liable for loss of profits, revenue, goodwill, or any indirect or consequential damages arising from the use of the
Platform and/or Services. You should be aware of potential risks in internet transmissions.
19.4. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our Services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.
20. INDEMNIFICATION
You are solely and exclusively responsible for your use of the Services:
20.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand received or suffered by us, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of (1) your contributions; (2) your use of the Platform, Services, and/or the Content; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Platform with whom you connected via the Platform; or (7) any inaccuracies or errors in the results provided by the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
21. DISPUTE RESOLUTION AND GOVERNING LAW
21.1. You expressly acknowledge and agree that we shall have the right to enforce these Terms against you.
21.2. This Agreement shall be construed in accordance with the applicable laws of the United Kingdom.
21.3. In the event a dispute or difference arises in connection with (i) these Terms, or (ii) your access to or use of our Platform and/or Services, the parties to the dispute shall attempt in the first instance to amicably resolve such dispute through mutual consultations. If the dispute is not resolved within a period of 30 (thirty) days from the date of commencement of discussions or for a longer period as the parties may agree in writing, then a party may refer the dispute to arbitration. The arbitration shall be conducted in English by a sole arbitrator appointed jointly by the parties, as far as possible. The arbitration shall be administered by the London Court of International Arbitration (LCIA) in accordance with the LCIA Rules, which are deemed to be incorporated by reference into this clause. The arbitrator must issue a final decision within one (01) month from the commencement of arbitration proceedings. The place of arbitration shall be London, England. The award of the arbitration proceedings will be final and binding on both parties to the Agreement.
21.4. In the event that the dispute is not resolved through amicable negotiations, you agree to submit the dispute to the arbitration for determination. Notwithstanding the foregoing, you agree that (i) we have the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum, and (ii) any proceeding brought by you shall be exclusively before the courts in
London, United Kingdom.
22. MISCELLANEOUS
22.1. You understand that we will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions, or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence the provision of the Services as soon as reasonably practicable.
22.2. We may assign any or all of our rights and obligations to any person or affiliate entity at any time. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
22.3. You acknowledge that there is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services.
23. CONTACT
If you require further information or have any inquiries or concerns regarding the Terms, please do not hesitate to contact us in writing at: help@beautyspotapp.co.uk