Terms Of Use

This website (www.lesalon.com) is operated by LeSalon Beauty ltd. (“we, us, our, LeSalon”). Our registered company number is 09084899 and our registered office address is at OHS Secretaries Limited, 107 9th Floor, Cheapside, London, England, EC2V 6DN. LeSalon’s VAT number is GB 198 0427 81. These Terms of Use govern the use of the application offered by LeSalon on the website and through its software. Such application and website together are hereinafter referred to as the “Application.””

Please read these Terms of Use and LeSalon’s privacy policy carefully (the “Privacy Policy”) before using the Application. Your use of the Application constitutes your acceptance of and agreement the Terms of Use and the Privacy Policy and your representation that you are 18 years of age or older. If you object to anything in these Terms of Use or in the Privacy Policy, please do not use the Application. The Privacy Policy is incorporated by reference into these Terms of Use.

We may change these Terms of Use (including our Privacy Policy) and/or our policies relating the Service (as defined below) or the Application from time to time. You are responsible for reviewing the Terms of Use. Continued use of the Application or the Service after any such changes shall constitute your consent to such changes.

These Terms of Use come into effect on the day they are electronically accepted by the User (the “Effective Date”). You cannot use the Application or the Services if you have not clicked and accepted the Terms of Use.

Application

The Application is a communications platform which enables the connection between Clients and Professional. “Clients” are individuals and/or businesses seeking to obtain hair, beauty and other wellbeing services (“Service(s)”) from qualified beauty service providers (“Professionals”). Professionals are individuals and/or businesses seeking to perform hair, beauty and other wellbeing services for Clients. Clients and Professionals, on a joint and several basis, are hereinafter referred to as “Users” and “You” and “Your”.

After you place a booking you will receive an email acknowledging receipt of your booking. Please note that this does not mean that your booking has been accepted or confirmed. All bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email on behalf of the selected Professional to confirm your booking (“the Booking Confirmation”). The contract between you and the Professional will only be binding when we send the Booking Confirmation. You agree that you shall not seek to book any Services from any Professional other than via the Application for the duration of this agreement and for three (3) months after termination of this agreement.

Service Only Provides a Venue

The Application is a platform for enabling connections between Users for the fulfilment of Services but you understand and agree that LeSalon is not a hair, beauty or other wellbeing service provider. LeSalon interviews and vets Professionals in person, however LeSalon is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. LeSalon does not have control over the quality, timing or legality of Services delivered by Professionals. LeSalon makes no representations about the suitability, reliability, timeliness, or accuracy of the Services requested and provided by Professionals identified through the Application whether in public, private, or offline interactions.

User Vetting

Professionals shall be subject to an extensive vetting process before they can register and during their use of the Application, including but not limited to a verification of identity and accreditation.

Although LeSalon shall perform checks of Users, as outlined above, LeSalon cannot confirm that each User is who they claim to be and therefore, LeSalon cannot and does not assume any responsibility for the accuracy or reliability identity or any information provided through the Application.

Where we describe Professionals as “accredited” or similar, we are promising only that we have carried out certain checks as specified on the Application at the time the Client books the Service and that those checks did not reveal any cause for concern. You acknowledge that in carrying out these checks we are reliant on information supplied by third parties. We cannot guarantee that that information is accurate. Nor can we guarantee that the Professionals are otherwise suitable for your purposes. You use Professionals at your risk.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know.

Service Price, LeSalon Fee, Billing, Payment and Cancellation

1.1 The use of the Application is free of charge. LeSalon reserves the right to introduce a fee for registration and/or use of the Application. If LeSalon decides to introduce such a fee, LeSalon shall provide you with reasonable notice. You can of course opt to cease using the Application if you do not wish to pay such fee.

1.2 You understand and agree that the Services will be purchased via the Application, acting as an agent and that LeSalon is not a hair, beauty or well being service provider. Users of the Application contract for Services directly with other Users. LeSalon will not be a party to any contracts for Services.

1.3 The rates that apply to the Services provided by the Professionals can be found on the Application. These may be modified or updated by LeSalon from time to time. It is your own responsibility to remain informed about the current rates of Services.

1.4 You understand that LeSalon will collect the payment due for the services provided to you from the professionals using the application.

1.5 LeSalon uses a third-party payment processor (the “Payment Processor”) to link your credit card to the Application. The third party is currently Stripe LLC, and we reserve the right to change the Payment Processor at any time. The processing of payments or credits, as applicable, in connection with your use of the Application will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer. LeSalon is not responsible for any errors by the Payment Processor. In connection with your use of the Application, LeSalon will obtain certain transaction details, which LeSalon will solely use in accordance with its Privacy Policy.

1.6 Users of the Application will be required to provide their credit card to the Payment Processor.

1.7 Clients will be responsible for paying for the Service. At the time of booking the Application will process payment for the Service from the Client’s credit card but monies will only be transferred to the Professional after the Service has been provided.

1.8 LeSalon reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any Service payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the Payment Processor to do so.

1.9 Payment for the Service and fees must be paid through the Application and may be paid using a Gift Card (see Section 5) in Client’s sole discretion.

1.10 Users of the Application will be liable for any taxes (including VAT, if applicable) required to be paid on the Application and the Services.

1.11 Bookings can be cancelled or rescheduled, free of charge, when you provide us with more than 24 hours notice. 

• Bookings that are cancelled or rescheduled within 24 hours of the appointment will be charged at 50% of the price of the applicable booking. 
• Bookings that are cancelled or rescheduled within 4 hours of the time of the booking will be charged in full.  
• Please note that these charges are a courtesy to the Professional who accepted the booking, as they have planned their daily travel and schedule around your booking. 
• Bookings cancelled before your request has been confirmed will not be charged.

Gift Cards and Vouchers

LeSalon gift cards (“Gift Cards”) and vouchers or promotional codes (“Vouchers”) may be available and can be used to pay in part or in full for payment of Services and use of the Application. Vouchers are an offer (subject to the terms of the voucher) by LeSalon to reduce the amount a Client has to pay in relation to a Services and use of the Application. Vouchers will not affect the amount of the Professional ultimately receives. You agree that you will only use one Voucher per person, and will comply with Voucher terms, including but not limiting Voucher use to first-time Users (which means that you will not use such a Voucher with a new account you create if you already have an account on the Application).

Gift Cards are not replaceable if lost or stolen and have no expiration date.

A Gift Card cannot be combined with any other Gift Cards, gift certificates or other coupons. A Gift Card cannot be used as a credit or debit card. LeSalon reserves the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means.

No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (i.e., you cannot add value/balance to your Gift Card at this time). If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. LeSalon reserves the right to correct the balance of a Gift Card if the company believes that a billing error has occurred. LeSalon disclaims all liability for any such billing errors. Gift Cards and their use are subject to these Terms of Use, the Privacy Policy and use of a Gift Card constitutes acceptance hereof.

Termination and Suspension

LeSalon may terminate or suspend your right to use the Application at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.

Without limitation, LeSalon may terminate or suspend your right to use the Application if you breach the Terms of Use or any policy of LeSalon posted through the Application from time to time, or if LeSalon otherwise finds that you have engaged in inappropriate and/or offensive behavior. If LeSalon terminates or suspends your right to use the Application for any of these reasons, you will not be entitled to any refund of unused balance in your account. If LeSalon terminates or suspends 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, the company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Even after your right to use the Application is terminated or suspended, these Terms of Use will remain enforceable against you.

You may terminate your agreement with LeSalon at any time by ceasing all use of the Application. All sections which by their nature should survive the expiration or termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of of your use of the Application.

Account, Password, Security and Mobile Phone Use

You must register with LeSalon and create an account to use the Application. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or LeSalon for accessing the Application. You are solely and fully responsible for all activities that occur under your password or account. LeSalon has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact LeSalon immediately.

By providing your mobile phone number and using the Appliction, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the Service. LeSalon will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by emailing hello@lesalon.com.

Links to Other Websites

Links (such as hyperlinks) from the Application to other sites on the web do not constitute the endorsement by LeSalon of those sites or their content. Such links are provided as an information service, for reference and convenience only. LeSalon does not control any such sites, and is not responsible for their content. The existence of links on LeSalon to such websites (including without limitation external websites that are framed by the Application as well as any advertisements displayed in connection therewith) does not mean that LeSalon endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by LeSalon’s Terms of Use or Privacy Policy. You access such third-party websites at your own risk. LeSalon expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Application. You hereby agree to hold LeSalon harmless from any liability that may result from the use of links that may appear on the Application.

As part of the functionality of the Application, 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 Application; or (ii) allowing LeSalon 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 LeSalon and/or grant LeSalon access to your Third Party Account (including, but not limited to, 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 LeSalon to pay any fees or making LeSalon subject to any usage limitations imposed by such third party service providers. By granting LeSalon access to any Third Party Accounts, You understand that (i) LeSalon 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 Application via your account, including without limitation any friend lists, and (ii) LeSalon 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 Use, all SNS Content, if any, shall be considered to be User Generated Content for all purposes of these Terms of Use. 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 Application. Please note that if a Third Party Account or associated service becomes unavailable or LeSalon’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 Application. You will have the ability to disable the connection between your account on the Application 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. LeSalon makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and LeSalon is not responsible for any SNS Content. You acknowledge and agree that LeSalon 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 Application. At your request made via e-mail to info@lesalon.com, LeSalon will deactivate the connection between the Application and your Third Party Account and delete any information stored on LeSalon’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.

Insurance Guarantee

Every Professional will be covered by professional indemnity insurance.

Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Application is owned by LeSalon, excluding User Generated Content that LeSalon has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. LeSalon owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials pursuant to the Copyright, Designs and Patents Act 1988, as amended. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Application without LeSalon’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of LeSalon and, if applicable, the holder of the rights to the User Generated Content.

The service marks and trademarks of LeSalon, including without limitation LeSalon and the LeSalon logos are service marks owned by LeSalon. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

Copyright Complaints and Copyright Agent

LeSalon respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Application infringe upon your copyright or other intellectual property right, please send the following information to LeSalon’s Copyright Agent at: LeSalon Beauty ltd. OHS Secretaries Limited, 107 9th Floor, Cheapside, London, England, EC2V 6DN:

• A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Application where the material you claim is infringed is located. Include enough information to allow LeSalon to locate the material, and explain why you think an infringement has taken place;
• A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of LeSalon and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorised employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify LeSalon in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to LeSalon upon termination of your use of the Application for any reason whatsoever. The term “Confidential Information” shall mean any and all of LeSalon’s trade secrets, confidential and proprietary information and all other information and data of LeSalon that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

Disclaimer of Warranties

Use of the Application and Service is entirely at your own risk.
The Service is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. LeSalon makes no warranties or representations about the accuracy or completeness of the content provided through the Application or the content of any sites linked to the Application and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) property damage, of any nature whatsoever, resulting from your access to and use of the Application, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. Lesalon does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Application or any hyperlinked website or featured in any banner or other advertising and LeSalon will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Without limiting the foregoing, neither LeSalon nor its affiliates or licensors warrant that access to the Application will be uninterrupted or that the Application will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Application, or as to the timeliness, accuracy, reliability, completeness or content of any Service, information or materials provided through or in connection with the use of the Application.

Neither LeSalon nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User.

Neither LeSalon nor its affiliates or licensors warrant that the Application is free from viruses, worms, trojan horses, or other harmful components.

LeSalon and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

LeSalon does not provide any warranties or guarantees regarding any Professional’s professional accreditation, registration or licence.

Liability

Nothing in these Terms of Use in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. You must give LeSalon a reasonable opportunity to remedy any matter for which LeSalon is potentially liable before you incur any costs remedying the matter yourself.

Very important: If you are a Client, LeSalon shall not be liable for any loss or damage caused by LeSalon or its employees or agents in circumstances where:

• there is no breach of a legal duty of care owed to you by LeSalon or by any of its employees or agents;
• such loss or damage was not reasonably foreseeable by both parties;
• such loss or damage is caused by you, for example by not complying with these Terms of Use;

Very important: If you are a Client, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of these Terms of Use or misuse of the Application (subject of course to our obligation to mitigate any losses).

The following clauses apply only if you are a Professional not a Client:

• To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these Terms of Use. In this clause, any reference to us includes our employees and agents.
• Our liability of any kind (including our own negligence) with respect to the Application for any one event or series of related events is limited to £100 or the total fees payable by you in the 12 months before the event(s) complained of, whichever is higher.
• In no event (including our own negligence) will we be liable for any:
  1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  2. loss of goodwill or reputation;
  3. special, indirect or consequential losses; or
  4. damage to or loss of data (even if we have been advised of the possibility of such losses).
• You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Application and/or breach of these Terms of Use.
• These Terms of Use constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these Terms of Use is excluded.

Indemnification

You hereby agree to indemnify, defend, and hold harmless LeSalon, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including legal fees and costs incurred, in connection with (i) your use or inability to use the Application, or (ii) any content submitted by you or using your account to the Application, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. LeSalon reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of LeSalon.

Governing Law

These Terms of Use will be is governed by, and will be construed under, the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with these Terms of Use.

Special Promotions and Voucher Codes

LeSalon may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of LeSalon, and can be activated, modified or removed at any time by LeSalon without advance notification and the liability of any of LeSalon’s partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to this section of these Terms of Use. All promotions and voucher codes are limited to one voucher code per booking.

Any referral code that is issued is limited to use by first time users of LeSalon only and Users shall not be entitled to use their referral code by placing bookings with alternate email addresses.

No Agency

Nothing in these User Terms shall be deemed to create any agency, partnership, or joint venture relationship between the parties. Neither party will be deemed to be an employee or legal representative of the other nor will either party have any right or authority to create any obligation on behalf of the other party.

General Provisions

We may send all notices under these Terms of Use by email to the most recent email address you have supplied to us (unless otherwise stated in these Terms of Use). Headings used in these Terms of Use are for information and not binding. Any failure by either party to exercise or enforce any right or provision of these Terms of Use does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of these Terms of Use shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

Changes to this Agreement and the Service

LeSalon reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Use (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Application and/or the Service or any content or information through the Application at any time, effective with or without prior notice and without any liability to LeSalon. LeSalon will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you must terminate, and immediately stop using, the Application. Your continued use of the Application following any revision to these Terms of Use constitutes your complete and irrevocable acceptance of any and all such changes. LeSalon may change, modify, suspend, or discontinue any aspect of the Application at any time without notice or liability. LeSalon may also impose limits on certain features or restrict your access to parts or all of the Application without notice or liability.

Other Terms

Neither party shall be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures, and Internet disturbances.

We may transfer all or part of our rights or duties under these Terms of Use provided we take reasonable steps to ensure that your rights under these Terms of Use are not prejudiced. As these Terms of Use are personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

I hereby acknowledge that I have read and understand the foregoing Terms of Use and the Privacy Policy and agree that my use of the Application and the Service is an acknowledgment of my agreement to be bound by the Terms of Use.