1.1 EBEAUTICIAN.CO.UK AS.
TERMS OF SERVICE FOR CLIENTS AND AMBASSADORS
UPDATED: February 15, 2017
These terms of service (the “terms of service” or “agreement”) govern the use of the mobile and internet-based services, business tools offered by ebeautician.co.uk as. (the “company,” “ebeautician.co.uk as,” “we” or “us”) at and through the website ebeautician.co.uk as.com (the “website”) and through mobile applications (such services, applications and the website are collectively referred to as the “services” or “ambassador”).
Please read these terms of service carefully. This is a legal agreement between ebeautician.co.uk as and you which governs your use of the services. Your use of the services constitutes your acceptance of and agreement to all of the terms and conditions in these terms of service and your representation that you are 18 years of age or older. If you object to anything in these terms of service, you are not permitted to use the services.
The services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution of the services, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The services are licensed, not sold.
Ebeautician.co.uk as is a platform that connects stylists and professionals (“professionals”) providing hair, beauty and other health and wellness services (“styling services”) with clients seeking such services (“clients” or “you”). The professionals and clients are both users of the services provided by ebeautician.co.uk as and are hereinafter referred to collectively as “users.”
Ebeautician.co.uk as solely provides a platform for professionals and clients to connect and serves only as a medium to facilitate the provision of styling services. Ebeautician.co.uk as does not provide or contract for styling services, and professionals and clients contract independently for the provision of styling services. Each client is solely responsible for selecting the professional, the styling services to be provided and the location at which styling services will be performed, whether on the premises of a professional or at a site designated by the client. Any decision by a client to receive styling services or by a professional to provide styling services is a decision made in such person’s sole discretion.
Ebeautician.co.uk as does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any services provided by professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any professionals or clients. Ebeautician.co.uk as makes no representations or warranties whatsoever with respect to services offered or provided by professionals or requested by clients through use of the services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any professional. You understand that ebeautician.co.uk as does not routinely screen its users, inquire into the background of its users or attempt to verify information provided by any user. Ebeautician.co.uk as does not verify of confirm that any user is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to this services on the services. Ebeautician.co.uk as does not assume any responsibility for the accuracy or reliability of this information or any information provided through the services.
In connection with this services for which reservations are made available on the services, some professionals may require you to enter credit card or other payment information, and such professionals may charge fees for reservations, including cancelled and missed appointments. By entering your payment information when requested, you authorize ebeautician.co.uk as and payment processors to charge and process the fees and charges assessed in connection with your reservations. While ebeautician.co.uk as takes what we believe to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, ebeautician.co.uk as is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.
If you cancel or don’t show up for an appointment, your credit card may still be charged in accordance with the cancellation policy of the professional posted on their ebeautician.co.uk as page or at “how it work” or at “about” or at the time of your booking, at the professional’s discretion. Ebeautician.co.uk as facilitates the payment transaction per these terms between you and each professional, but is not responsible for mediating any resulting disputes. Ebeautician.co.uk as has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by ebeautician.co.uk as, in each case in ebeautician.co.uk as’s sole discretion.
Although the services are intended to provide a professional’s availability in real-time, it is possible that a scheduling conflict may occur that requires the professional to reschedule your reservation. Creation of a reservation using the services is not a guarantee that the professional will honor the reservation as scheduled.
Ebeautician.co.uk as cannot guarantee availability of the services to any user
Once you register for the services, you shall receive a unique user identification and password in connection with your account (collectively referred to herein as “account ids”). You must use your true and accurate name when signing up for an account. You are required to select an appropriate and non-offensive account id. We reserve the right to remove or reclaim any account id if we believe, in our sole discretion, the account id is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that an account id is similar to the trademark and the account id does not closely relate to the user’s actual name or trademark rights).
You agree to maintain your account solely for your own use. You agree that you will not allow another person to use your account ids to access or use the services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your account ids and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your account ids, your disclosure of your account ids, or your authorization to allow another person to access or use the services using your account ids. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the services. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the services cannot be guaranteed.
Linking your account
As part of the functionality of the services, you may link your account with online accounts you may have with third party service providers (each such account, a “third party account”) by either: (i) providing your third party account login information through the services; or (ii) allowing ebeautician.co.uk as 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 ebeautician.co.uk as and/or grant ebeautician.co.uk as 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 ebeautician.co.uk as to pay any fees or making ebeautician.co.uk as subject to any usage limitations imposed by such third party service providers. By granting ebeautician.co.uk as access to any third party accounts, you understand that (i) ebeautician.co.uk as may access, make available and store (if applicable) any content that you have provided to and stored in your third party account (the “sns content”) so that it is available on and through the services via your account, including without limitation any friend lists, and (ii) ebeautician.co.uk as may submit and receive additional information to your third party account to the extent you are notified when you link your account with the third party account. Unless otherwise specified in these terms of service, all sns content, if any, shall be considered to be user submissions for all purposes of these terms of service. 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 may be available on and through your account on the services. Please note that if a third party account or associated service becomes unavailable or ebeautician.co.uk as’s access to such third party account is terminated by the third party service provider, then sns content may no longer be available on and through the services. You will have the ability to disable the connection between your account and your third party accounts at any time. 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. Ebeautician.co.uk as makes no effort to review any sns content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and ebeautician.co.uk as is not responsible for any sns content. The services may contain links to third party websites that are not owned or controlled by ebeautician.co.uk as. Ebeautician.co.uk as has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ebeautician.co.uk as will not and cannot censor or edit the content of any third-party site. By using the services, you expressly relieve ebeautician.co.uk as from any and all liability arising from your use of any third-party website. You acknowledge and agree that the services may access your e-mail address book associated with a third party account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the services. At your request made via e-mail to email@example.com as.com, ebeautician.co.uk as will deactivate the connection between the ebeautician.co.uk as services and your third party account and delete any information stored on ebeautician.co.uk as’s servers that was obtained through such third party account, except the username and profile picture that become associated with your account.
Right to terminate
Ebeautician.co.uk as reserves the right, in its sole discretion, to terminate your account if you violate these terms of service or for any reason or no reason at any time. We may also suspend your access to the services and your account (including the funds in your account) if you (a) have violated the terms of this agreement, any other agreement you have with ebeautician.co.uk as, or ebeautician.co.uk as’s policies or (b) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
If your account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by this agreement, (b) to immediately stop using the services, (c) that the license provided under this agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that ebeautician.co.uk as shall not be liable to you or any third party for termination or suspension of access to the services or for deletion of your information or account data.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the services, or in connection with any termination or suspension of the services. Any termination of this agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this agreement.
Ebeautician.co.uk as is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any user that are deceptive, fraudulent or otherwise invalid (“fraudulent actions”). By using the services, you hereby release ebeautician.co.uk as from any liability arising from fraudulent actions. You will also use best efforts to promptly notify ebeautician.co.uk as of any fraudulent actions which may affect the services. Ebeautician.co.uk as reserves the right, in its sole discretion, to terminate the account of any user that engages in, or enables any other user to engage in, fraudulent actions.
Ebeautician.co.uk as’s role
Part of the functionality of the services allows clients to pay and professionals to accept payments for the services, including card-based payments initiated with cards bearing the trademarks of mastercard international inc. And visa inc. (collectively, the “networks”). We are not a bank and we do not offer banking services as defined by the united states department of treasury.
Ebeautician.co.uk as facilitates the processing of payments professionals receive from clients. This means that we collect, analyze and relay information generated in connection with these payments.
You authorize us to process payments in accordance with the services, using the payment information you have supplied.
Professionals are solely responsible for all customer service issues relating to such professional’s providers services.
SERVICE USE AND LIMITATIONS AND CHANGES TO THE SERVICES.
the company’s general terms and conditions for promotional offers (including offers where you must redeem a promotional code as part of the offer) can be found here
You should not share any protected health information with service providers via the service. The service is not intended to be used to communicate protected health information, and it is not intended to be compliant with the health insurance portability and accountability act (hipaa). The term “protected health information” means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information, you do so at your own risk.
You agree not to post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. Ebeautician.co.uk as reserves the right to remove or change any images without notice.
As always, message and data rates may apply for any messages sent to you from us and to us from you. You may receive messages including but not limited to requests for appointments, appointments booked, reminders for appointments, tips, and payment receipts. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to firstname.lastname@example.org as
You expressly understand and agree that:
Your use of the services is at your sole risk. You are fully and solely responsible for your interactions with other users and you agree that it is solely your responsibility to take reasonable precautions in all actions and interactions with other professionals and clients and in the provision or receipt of the services. Ebeautician.co.uk as is not responsible for the conduct, whether online or offline, of any user of the services. Ebeautician.co.uk as is under no obligation to, and does not routinely, screen its users, inquire into the background of its users or attempt to verify information provided by any user. We reserve the right, but have no obligation, to monitor disputes between you and other users. Please carefully select the type of information that you post on the services or through the services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other participants or users.
It is possible for others to obtain personal information about you due to your use of the services or any services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the services or through the services. You understand that in using the services, sensitive information will travel through third-party infrastructure that is not under ebeautician.co.uk as’s control (such as thirdparty servers). Ebeautician.co.uk as makes no warranty with respect to the security of such third-party infrastructure.
The services are provided on an “as is” and “as available” basis. Ebeautician.co.uk as and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and noninfringement.
Ebeautician.co.uk as makes no warranty that (i) the services will meet your requirements or expectations, (ii) that your access to or use of the services will be uninterrupted, timely, secure or error free, (iii) that any defects in the services will be corrected, or (iv) that the services or any server through which you access the services is free of viruses or other harmful components.
Ebeautician.co.uk as makes no representations or warranties about the quality, suitability, reliability, timing, durability, legality, or any other aspect of styling services offered or provided by professionals or requested by clients through use of the services whether in public, private, or offline interactions or about the accreditation, registration or license of any professional.
Any material downloaded or otherwise obtained through the use of the services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from stlyeseat or through or from the services shall create any warranty not expressly stated in these terms of service.
All advisors / providers who advertise on the site are independent. None of the counselors are employed by ebeautician.co.uk as. Each officer is responsible for the advice given or not given. It expressly stated that ebeautician.co.uk as is not responsible directly or indirectly for the quality of any advice and guidance given by consultants / providers associated ebeautician.co.uk /ebeautician.co.uk as. Neither the board, general manager, employees or ebeautician.co.uk or ebeautician.co.uk as may be made directly or indirectly responsible for any inconvenience, loss, damage, defect or injury directly or indirectly had to be consequence of the use or misuse of information provided by providers registered on ebeautician.co.uk.
within the health department’s response neither preventive, diagnostic, therapeutic, health-preserving or rehabilitative. An answer is not “health care” for health personnel definition. The answer you get should never be used as a basis for diagnosis or determine the choice of treatment. Ebeautician.co.uk /ebeautician.co.uk as will emphasize that when we suspect a health problem must official government doctor always be contacted. Whose lives and health are at stake, immediately call 113 – or medical emergencies telephone number in your country. At other and all needs for medical assistance, please contact your family doctor or the emergency service in the area you are. In cases where the customer is in any kind of crisis, it is advisable to seek professional help from the authorities in your country.
There is age limit of 18 for users and providers of ebeautician.co.uk. All users of ebeautician.co.uk must be over 18 years.
LIMITATION OF LIABILITY AND RELEASE
To the fullest extent permitted by law, in no event shall ebeautician.co.uk as or its affiliates, officers, employees, agents, partners and licensors be liable for any damages whatsoever, whether direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for boidly injury or emotional distress and damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the services; (ii) styling services facilitated by the services or any interactions between users, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property) or any dispute with any user; (iii) statements or conduct of any third party on the service; (iv) any unauthorized access to or alteration of the services or your data or transmissions; or (v) any other matter relating to the services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Ebeautician.co.uk as expressly disclaims any liability that may arise between users related to or arising from use of the services. Because ebeautician.co.uk as is not involved in the actual interactions between professionals and clients or in the provision of any styling services, you hereby release and forever discharge ebeautician.co.uk as and its affiliates, officers, directors, employees, agents and licensors from any and all claims, demands, damages (actual or consequential) of every kind and nature, whether known or unknown, contingent or liquidated, arising from or related to any dispute or interactions with any other user, whether online or in person, whether related to the provision of styling services or otherwise.
You agree to defend, indemnify and hold harmless the company and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the services; (ii) styling services facilitated by the services or any interaction between you and another user; (iii) your violation of any term of these terms of service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (v) any thirdparty claims or damages relating to death, personal injury or emotional distress arising from or related to use of the services. This defense and indemnification obligations will survive the termination of this agreement and your use of the services.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The company may assign these terms of service or any other agreement with you in whole or part at any time.
These terms of service and the relationship between you and the company shall be governed by the laws of the state of california without regard to its conflict of law provisions. You and the company agree to submit to the personal and exclusive jurisdiction of the courts located within the city and county of san francisco, california.
Any failure of the company to enforce or exercise a right provided in these terms of service is not a waiver of that right.
Should any provision of these terms of service be found invalid or unenforceable, the remaining terms shall still apply.
You and the company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or these terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
EBEAUTICIAN.CO.UK is a platform that connects professionals and freelancers with potential customers online. EBEAUTICIAN.CO.UK is wishing to engage Brand Ambassador to recruit businesses to list on EBEAUTICIAN.CO.UK platform.
3 PAYMENT TERMS
All payments for services rendered to EBEAUTICIAN.CO.UK are paid for via your registered paypal account. In order to facilitate this payment Brand Ambassador has to have a current, or open a new, paypal Account. The Brand Ambassador agrees to provide details of their paypal account to EBEAUTICIAN.CO.UK. EBEAUTICIAN.CO.UK does not access Brand Ambassadors banking information at any time.
Once the Agreement has been accepted and signed by EBEAUTICIAN.CO.UK, the Brand Ambassador will be paid three percent (3%) of any booking associated with the account they enrolled with EBEAUTICIAN.CO.UK. This three percent (3%) commission will be inclusive of all VAT charges. All payments will be sent to Brand Ambassadors paypal account on a monthly basis, not later than the fifteenth (15th) working day of the month for the preceding months’ revenue.
The commission percentage established in this clause cannot be modified by the Parties, unless it is mutually agreed in writing.
Brand Ambassador hereby authorizes, agrees and provides EBEAUTICIAN.CO.UK with authority to deduct automatically and otherwise recover any overpayments should EBEAUTICIAN.CO.UK overpay or calculate the commission incorrectly.
4.BRAND AMBASSADOR IDENTIFICATION
As part of the engagement with EBEAUTICIAN.CO.UK, the Brand Ambassador must be a legal entity (company) or have appropriate self-employment registration. Brand Ambassador further agrees provide EBEAUTICIAN.CO.UK with reliable, government sourced documents, data or information, including but not limited to the information in the Schedule A of this Agreement.
This Agreement shall be effective for the period commencing on the Effective Date, and continue for 12 months from such date. Either party may, in its sole discretion and for any reason, terminate this agreement by providing a thirty (30) days written notice to the other party.
The term of this Agreement will extend automatically for successive 12 month terms unless one of the Parties provides a written notice indicating it does not want it renewed.
During the term of this Agreement Brand Ambassador will not directly or indirectly be engaging with the EBEAUTICIAN.CO.UK competition. The EBEAUTICIAN.CO.UK agrees to provide Brand Ambassador with a reasonable list of businesses they believe to constitute a direct completion to the Brand Ambassador.
This agreement does not create a partnership relationship. Brand Ambassador does not have the authority to enter into contracts on EBEAUTICIAN.CO.UK behalf.
The Parties are independent contractors. Nothing in this Agreement shall be deemed to constitute an employment, a partnership or joint venture between the Parties or constitute any Party to be the agent of the other Party for any purpose.
The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, EBEAUTICIAN.CO.UK and Brand Ambassador acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.
Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the Arbitration Act of 14 May 2004 no. 25. The seat of arbitration shall be United Kingdom. The language of the arbitration shall be English. The number of arbitrators shall be one or the least permitted by the arbitrator.
This Agreement is bound by the laws and regulations of United Kingdom.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability.
This Agreement (together with Schedule A) constitute the entire agreement between the parties with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral.