TERMS OF USE

Cambridge Beauty Salon Limited (“Cambridge Beauty Salon Limited”, “we”, “us”) is a company incorporated in England and Wales, with company number 10544719 and with our registered office at Fernhills House, Todd street Bury, Gtr Manchester BL9 5BJ. These Terms of Use (which incorporate our Privacy Policy) (together, the “Agreement”) set out the terms of our contract with you in relation to our supply of the Member Services (as defined below). If you do not agree with these terms, you must not use the Member Services and you must immediately cease use of the Instabeauty website and associated mobile applications. We may update or revise this Agreement from time to time. If you do not agree to any modified, revised or updated version of this Agreement, you must discontinue your use of the Member Services. By continuing to use the Member Services, you indicate your agreement to these terms.

By using and/or becoming a registered user of the Member Services, you confirm that you are at least 18 years old.

MEMBER SERVICES

Instabeauty’s mobile application (the “App“) allows individual customers (“Customers”) to post requests for health and beauty related services (“Jobs”) for the attention of professional providers of such services (“Professionals”), who may then respond to Customers’ Job requests if they are willing to undertake the Job in question. As a Instabeauty Customer you can request a Job from the available selection on the Instabeauty app. Instabeauty will assign a Provider (“Beauty professional”) to the Job. We provide an estimate of the arrival time at the time of requesting the job; this time is only indicative and may vary.

The services to be delivered by Instabeauty as described herein (the “Member Services”) may be provided to Customers and Professionals (collectively, “Users”/”you”) via the App. Instabeauty’s website, http://www.instabeauty.co.uk (the “Site”) provides information about Instabeauty and the App to Customers and allows Customers to sign up to receive news and information from Instabeauty, as well as to register their business in order to advertise on our site, in relation to the Member Services.

Professionals may use the Site to apply to become registered Instabeauty Professionals in order to receive requests for Jobs and engage in the Member Services.

You acknowledge and agree that Instabeauty acts as an agent only and is not a party to any contract between Customers and Professionals in relation to Jobs. No contract exists between Instabeauty and the Professionals and or between Instabeauty and the client. Instabeauty is not an employment agency or contract agency and has no control (whether express or implied) over the conduct and suitability of Customers and Providers to request or complete the Services, and that the satisfactory completion of a service is solely determined between parties. It is a condition of use of the Services that the parties acknowledge they have complete control over their own conduct and the outcome of the services, and Instabeauty disclaims to the fullest extent possible all liability in this regards.

KEY TERMS

“Account” means registering with Instabeauty via the mobile application for Customers, and via the website for Professionals, by providing certain mandatory and voluntary information including but not limited to name, address, mobile and telephone number. “Business Account” means a User account in which business information, such as company registration and VAT details are provided.

“Commission” means the money that is earned by Instabeauty for introducing Customers and Providers and payable by the Providers to Instabeauty after a Job has been completed.

“Dispute” means a disagreement between the Customer and Provider as to whether a Job has been satisfactorily completed.

“Job” means the service requested by the Customer.

“Parties” means collectively the Customer and the Provider.

“Payment Service” means any payment providers.

“Promocode” means an offer by way of a one time use discount code that the Customer enters into the app.

“Provider” means a health and beauty professional who has been onboarded and is agreeing to perform the services requested through the Instabeauty app.

“Provider On-Boarding” means the process of selecting, approving and training Providers to do Instabeauty Jobs.

“Services” means the Jobs that are requested by the Customers via the Instabeauty app and responded to by Providers.

“Tax” means any and all statutory deductions due as a result of the financial transaction between a Provider and a Customer.

“User” means an individual or a business that completes the Instabeauty registration process. Such a user may be a Customer or a Provider or both.

“User Content” means information that a User provides about themselves, their profile or the details of a Job.

These Key Terms will have the same meaning whether they appear in the singular, plural, masculine or feminine or as the context requires.

ELIGIBILITY AND RESPONSIBILITY

We reserve the right to refuse to provide the Services to any individual, business or other entity at any time without explanation. Whilst Instabeauty takes reasonable care in screening Providers, and securing the safety of our registered beauty professionals, you are solely responsible for taking appropriate safety precautions in connection with your use of the applications and performing of Services.

USE OF SERVICES

As a User of the Services you agree to the following:

  • To register and create Account for your personal or business use only. You may not authorise others to use your Account and you may not assign or transfer your Account to any other person or entity. You may register only one Account. You are responsible for keeping any registration details confidential including your password. You acknowledge that Instabeauty is not responsible for any third party access to your Account and the consequences thereof, howsoever caused.
  • You are responsible and assume liability for all information and User Content that you add to the mobile apps. Details of how Instabeauty may use any information and content are provided in the Privacy Policy. Instabeauty will assign a requested job to a Provider beauty professionals based on distance and other criteria. The Provider may accept or reject the Job. We do not guarantee that a Customer will receive a response to a posted Job or that responses meet the requirements a Customer has specified. Nor do we guarantee to Providers that they will be offered Jobs. Instabeauty reserves the right, but is not under any obligation, to monitor information that is submitted to the mobile apps and to remove such information or material that (i) in our sole opinion violates any applicable law, or (ii) either the letter or spirit of this Agreement, or (iii) upon the request of a third party.
  • You assume all risk when using the Services, including, but not limited to, any risks associated carrying out or receiving the Services. You acknowledge that Instabeauty does not guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them.
  • You will not use the Services, or engage in any activity on the Instabeauty website and/or mobile applications, in any way that:
  1. Violates any local, national or other laws or regulations or any order of a court of relevant jurisdiction;
  2. Uses any software, devices, scripts, robots or other means to access, scrape, crawl or spider any web pages or other of the Services;
  3. Uses the Instabeauty website and/or mobile applications for any commercial or other purposes that are not permitted in these Terms;
  4. Infringes the rights of any person or entity, including their intellectual property, copyright, privacy or contractual rights;
  5. Distributes unsolicited material or advertisements;
  6. Is intended to harass, annoy, threaten or intimate any other Users;
  7. Promotes racism, bigotry, hatred or physical harm of any kind;
  8. Is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit or otherwise objectionable;
  9. Contains video, audio, photographs or images of another person without their permission (or in the case of a minor, the permission of the minor’s legal guardian);
  10. Promotes or enables illegal or unlawful activities;
  11. Is intended to deceive, defraud or swindle other Users of the Services;
  12. Is intended to damage or interfere with the operation of the Services, including but not limited to the introduction of viruses, time-bombs, Trojan horses, cancelbots, worms, or other harmful or disruptive codes, components or devices;
  13. Promotes, supports or solicits involvement in a political platform, religion, cult or sect;
  14. Is in any way used in connection with spamming, spimming, phishing, trolling or any similar activities.
  15. Is intended to damage or interfere with the operation of the Site, the App or any other aspect of the Member Services, including but not limited to the introduction of viruses, time-bombs, Trojan horses, cancelbots, worms, or other harmful or disruptive codes, components or devices.

Any breach of these provisions means the contract created by these terms shall be terminated at once.

ACCOUNTS AND REGISTRATION

In order to receive the Member Services (and, in the case of Customers, any services from beauty Professionals) you will first need to create a Instabeauty account (an “Account”). This is done directly with the Instabeauty mobile app, or on the website www.instabeauty.co.uk The customer app is available for free download from the Apple app store. The Provider beauty professional app is also available for free download from the Apple app store, but can only be activated once a Provider has been on-boarded successfully. Setting up an Account will require you to provide information which may include your mobile phone number, address and card/payment details, and, in the case of Professionals such information may also include professional qualifications, right of work in the UK, proof of necessary liability insurance, photograph and personal details. It is a condition of registering with Instabeauty as a Provider that you hold a UK bank or building society account into which payments from Instabeauty will be made. You hereby agree only to provide information which is true, complete, and accurate and to update it as necessary to keep the information current. We may reject the creation of an Account at our absolute discretion.

An Account is meant for use only by you (the individual User) and you are fully responsible for maintaining the confidentiality of all password and Account details, and for all activities that occur under your password or Account (including where the Account is used by another person), unless these activities arise due to our negligence or breach of these terms by us.

You accept responsibility for all reasonable and foreseeable losses which Instabeauty suffers as a result of a breach by you of these terms or your negligence when using the Member Services (including deliberately or negligently allowing others to use your Account). You may cancel your Instabeauty Account at any time by giving us notice at info@instabeauty.co.uk. Unless otherwise stated herein, all Instabeauty Services will be cancelled within (7) days of receipt of notice from you.

SMARTPHONE

The Instabeauty app functions on iPhone and android devices. As a Instabeauty Provider you must operate a smartphone with sufficient monthly or unlimited data connection. You must agree to receive notifications and for location services to be on continuously. For Instabeauty Providers we may loan you a smartphone for use exclusively with Instabeauty. We will ask you for a deposit for the smartphone, which will be returned to you when we receive back the smartphone in its original packaging, with the originally supplied accessories, the SIM card and in original condition except for minor wear and tear. As a Provider you are responsible for paying any and all associated monthly, or pay as you go usage charges. If you lose or damage the smartphone we provide you are required to repair or replace it at your own expense.

PAYMENT AND PAYMENT SERVICES

The Customer accepts responsibility for paying for any Jobs which are made through the Member Services using his or her account details. By using and/or becoming a registered user of the Member Services, the Customer confirms that he or she has authority to use the payment method or billing account details provided for the purpose of settling any payments due for any purchase made through the Member Services, or that the Customer owes to us.

In order to use the Member Services, a Customer must provide valid information for a valid credit or debit card. Customers may update, add or delete card details at any time by amending the details on their Account.

The debit or credit card details of which have been provided will be charged for the full amount once Instabeauty receives confirmation from a Professional that a Job has been completed.

Where this is permitted by applicable law and subject to our privacy policy, you acknowledge and agree that we may use certain thirdparty vendors and service providers to process payments.

When a Customer Requests a Job we may pre-authorise payment of a minimum of the first hour of the Job on the payment card added to the app. This pre-authorisation will be released if the Job is cancelled or at the time of final payment. We reserve the right to take the preauthorisation amount in the event the payment for a job is not fully collected and you accept our right to do this.

When a Job is completed Instabeauty calculates the final amount to be paid, including applicable discounts. The Customer may release payment or Instabeauty may take payment. The Customer agrees to hold sufficient funds in their account to pay the final amount as it becomes due and will not request a Job unless they can pay for it. We may, at our sole discretion, not allow a Customer to request a Job if we are outstanding the payment for a prior Job.

All Jobs are requested using a valid payment card and final payment is taken from the card once the Job is completed. Instabeauty reserves the right not to accept certain payment cards including, but not limited to, pre-payment cards.

Instabeauty Providers are paid on a bi-weekly basis direct into a nominated bank account

Instabeauty may use Payment Services at our complete discretion to facilitate payment card processing.

Instabeauty will ensure that the Payment Services comply with such financial and other relevant regulations but will not be responsible for the performance of the Payment Services.

Instabeauty does not directly hold payment card information.

Instabeauty will be responsible for paying the fees charged by the Payment Services.

PROFESSIONALS

Instabeauty exists to introduce Customers to Professionals, but Professionals are solely responsible for the quality and outcome of the work they do. Professionals are not employed by Instabeauty and Instabeauty disclaims any liability for the services that the Professionals provide. All Professionals are responsible for their own tax and employment affairs.

We take reasonable steps to check that Professionals are experienced in the services they provide. We check ID, proof of address, certification and right to work and take reasonable steps to determine experience, which may include reference checking. A Customer may review the service provided by a Professional at the end of a Job and these reviews may be made available to other Users to provide assurance.

Instabeauty cannot accept any liability for the suitability of the Provider to do Jobs or the quality of the outcome. Any dispute as to the quality, suitability or any other aspect of the service provided by a Professional must be resolved between the relevant Customer and the Professional. Customers understand that their use of the services provided by Professionals is entirely at the Customer’s own risk and Instabeauty will not be responsible for any damage or losses arising out of the provision of such services.

COMMISSION AND PRICING

A Job is requested at a pre-determined price. Instabeauty will take a commission for introducing a Customer and a Professional. The level of this commission will be calculated as a percentage of the price of the Job and Instabeauty reserves the right to vary the level of commission at any time at its sole discretion. The pre-determined price quoted on the mobile app will be deemed to include commission. Instabeauty will deduct the amount of such commission from the amount paid by the Customer before passing the remainder on to the Professional.

We reserve the right to change the commission structure at any time. By continuing to use the App and/or the Member Services, you are deemed to consent to any such change.

CANCELLATION POLICY

As a Customer you may cancel an on-demand or last minute booking any time after you have confirmed booking, at no cost within the first 5 minutes. After that, a cancellation fee of up to 50% of the value of the booking may apply. If our professionals arrive at the booking location and are unable to contact you or gain access to the job location they will message and attempt to contact you for 15 minutes, after which you may be charged a fee equal to 100% of the value of the booking, and our professional will be forced to cancel the job. For jobs booked in advance, a 12hour cancellation policy applies. If you cancel a pre-booked job less than 12hours in advance you may be charged 50% of the value of the booking. The charge may be waved if you re-schedule with the same professional for an alternative date and time within the following 2 weeks.

As a service provider, you are not allowed to cancel a job after its booked, unless there is an emergency of some sort preventing you from performing the job. In the case of an emergency, Instabeauty will do our best to re-assign your job to another beauty professional. If you cancel a job, for any reason other than an emergency, and Instabeauty is not able to find another beauty professional to fulfil the particular job at the designated date and time, Instabeauty may deduct 100% of the value of the booking from your earnings. If you are more than 15mins late to a job booking, and the client cancels the booking due to your late arrival, we may deduct 100% of the value of the booking from your earnings. If you cancel a job more than once in a 3 week period, you will be suspended from the Instabeauty network until further notice. Suspension or termination notices may be sent to Providers via email and post, and will be considered effective immediately thereafter. You may be later on, re-instated at our sole discretion after a careful consideration on our part.

LOSS OR DAMAGE

If the Customer suffers loss or damage to their property and attributes the loss or damage to a Provider, in the first instance the Parties should try to resolve between themselves, which Instabeauty may facilitate. Instabeauty will initiate a claims procedure if the loss or damage is reported to us and may take further action including reporting the matter to the police.

The Customer will be liable to pay an excess of £25 in the event of a claim for damage, which we accept on behalf of the Provider. The absolute limit on any claim is £100.

RECOMMENDATIONS AND REVIEWS

Customers and Providers are encouraged to offer reviews in the form of star rating, or feedback, for each other each time a Job is completed. You agree to provide a prompt review that is true and fully reflects your experience with the Customer or Provider with who you have engaged.

Instabeauty reserves the right to terminate the Accounts of Users who repeatedly receive poor reviews.

PROMOCODES AND VOUCHERS

Instabeauty may at our discretion issue a Promocode (or Voucher) to a Customer offering a discount from the total price of a Job. Such Promocodes are one time usage codes, have a finite expiry date and may only be applied one code per job. If the full value of a Promocode is not used in a Job the residual unused value will be lost. A Promocode may be withdrawn at any time at our sole discretion.

Only one promocode may be used per household.

We may enter into agreements with third party companies where Promocodes are purchased by Customers at discounted prices. In such a case the sale agreement is between the Customer and the third party company and all issues relating to the redemption of the Promocode need to be addressed with the third party company. Instabeauty disclaims any liability in this regard.

When entering a Promocode the Customer will receive a message that it has been successfully entered. At Instabeauty’s discretion we may or may not provide any further information about a Promocode and we do not guarantee a Promocode may be applied to any particular Job.

As a Provider you will earn the full price of the Job as if the Promocode were not applied, minus Instabeauty’s commission.

PRIVATE ENGAGEMENT

Instabeauty Providers are assigned to Jobs on the basis of availability and location.

As a Customer you agree not to privately offer jobs to Providers you have previously engaged with through Instabeauty. As a Provider, while Instabeauty is acting as an agent for you, and for a minimum period of 6months after the agreement has been terminated, you agree not to accept or solicit for jobs that are offered to you by Customers you have been introduced to through Instabeauty. Instabeauty reserves the right to terminate the Accounts of Users who enter into private engagements.

REPORTING MISCONDUCT

If you engage with another User who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behaviour you should immediately make a report to the appropriate authorities and then to Instabeauty at info@instabeauty.co.uk quoting the filing report number and location. Your report may cause us to investigate such behaviour but we are not obligated to take action beyond that which is required by law, and we will not incur any additional liability or expense.

PRIVACY AND CONFIDENTIALITY

Instabeauty is committed to helping you safeguard your privacy online. Please review our privacy policy and cookies policy for details about how we collect, use, and disclose information in connection with the Member Services. Instabeauty Cambridge Beauty Salon Limited. Will never pass on any information about our Users to third party organisations, unless we are compelled to do so by law.

LOCATION SERVICES

The App may use GPS locator capabilities to identify your current location for the purposes of delivering the Member Services. The communication standards for the Member Services include, but are not limited to: SMS, GPS, and web-based browser technology. In order to use the App, you must maintain an active account with a carrier of electronic communications through mobile devices.

ACCESSIBILITY

You agree and acknowledge that information in connection with the Member Services is compiled and provided by third parties, and no responsibility is accepted by us or on our behalf for any errors, omissions or inaccurate content on the Site or App. If you believe that you have noticed an error, omission or inaccuracy, please let us know.

Use of the Member Services requires Internet access. You are responsible for all mobile carrier charges resulting from your use of the Member Services, including from any notifications provided by the Services. While we will make all reasonable efforts to ensure the availability of the Member Services on as broad a range of devices as possible, we cannot guarantee that the Member Services will be compatible with all devices or will be supported by all mobile carriers. We take measures to keep the Site and the App free from computer viruses and other malicious programs. However, we cannot accept responsibility for any computer viruses or other malicious programs which are transmitted to your computer as a result of your use of the Site or a third party website, or which are transmitted to your mobile handset as a result of your use of the App, unless this was due to our negligence or a breach of these terms by us. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. We cannot guarantee the availability of the Site or the App. As with any service over the Internet or mobile network there are factors over which we have no control, for which we cannot accept liability. You agree that we may take the Member Services offline where we consider that this is necessary for routine or emergency maintenance without liability to you.

If we believe that you have breached this Agreement or any provision of it, we may suspend or terminate your Account and your access to the Member Services. After any suspension or termination, you may or may not be granted permission to use the Member Services or reestablish an Account. You agree that we will not be liable to you for any suspension or termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Member Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account and we will not accept any liability for losses arising as a result of this.

INTELLECTUAL PROPERTY

You agree to use the Site, the App and any other channel provided by Instabeauty or through which the Member Services are provided only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of the Member Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this Site or the App.

All contents of the Site and the App, including any software, are protected by copyright, database right and other intellectual property rights. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of ours or of any other third party.

You may not reproduce any part of the Site or the App in any form unless we agree in writing in advance, except as necessary to use the Member Services in accordance with these terms or to keep a record of a transaction between you and us. You may not create a hypertext link to the Site or App or “frame” the Site or App unless we agree in writing in advance. Use of any automated system or software to extract data from the Site or the App (including screen scraping or account aggregation) is prohibited.

LIMITATION OF LIABILITY

To the extent permitted by law, we exclude all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, noninfringement, compatibility, security and accuracy. We do not guarantee the timeliness, completeness or performance of the Site, the App or any Member Services or any of the content.

Nothing in these terms limits our liability for death or personal injury directly caused by us.

All third party suppliers of products, services or content (including Professionals) which we link to from the Site or the App, or within the Member Services are independent entities and we are not responsible or liable for any wrongful act or omission on their part or for any of the content of their websites, including but not limited to any product liability claims. You should read the terms and conditions of any third party suppliers carefully.

MISCELLANEOUS

These terms and the Instabeauty privacy policy referred to on page 9, which can be found at http://www.instabeauty.co.uk, are intended by us to set out the whole agreement between us and you and any prior communications between us are not included in this agreement. We recommend that you read them carefully to protect your own interests. If you do not think they set out the whole agreement between us, please make sure you ask for any additional terms to be put in writing prior to making any transaction. In that way we can avoid any problems surrounding what you expect us to do. We cannot accept any liability for any reliance placed by you on any statement or representation in the course of providing the Member Services, whether made by us or a third party, except to the extent a statement or representation in the course of the Member Services is made negligently by us.

If any of these terms are found to be invalid by a court or at law then the remainder of these terms shall continue to apply to the extent that they still make sense without the unenforceable term(s).

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Member Services.

Neither you nor we intend any third party to be able to enforce any of these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by Users, but may be freely transferred, assigned, or delegated by Instabeauty.

No waiver of or delay in enforcing any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall be construed as a continuing waiver or create an expectation of nonenforcement of that or any other provision or right.

GOVERNING LAW

You and We Agree that these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and each party agrees to the irrevocable jurisdiction of the English Courts to settle any dispute or claim arising out of these Terms.

 

 

 

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