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. 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.
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 acreditation.
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
4.1 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.
4.2 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.
4.3 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.
4.4 You understand that LeSalon will collect the payment due for the services provided to you from the professionals using the application.
4.6 Users of the Application will be required to provide their credit card to the Payment Processor.
4.7 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.
4.8 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.
4.9 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.
4.10 Users of the Application will be liable for any taxes (including VAT, if applicable) required to be paid on the Application and the Services.
4.11 You many cancel a confirmed booking via email to firstname.lastname@example.org. We kindly request a minimum of 24 hours to reschedule your appointment. Less than 24 hours notice shall incur a cancellation charge of up to 100% of the cost of the Service. No shows or no notice cancellations shall be charged at 100% of the cost of the Service. Unless otherwise specified, all paid sums are non-refundable.
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.
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.
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 email@example.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.
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.
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;
The following clauses apply only if you are a Professional not a Client:
- 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:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data (even if we have been advised of the possibility of such losses).
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.
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.
Changes to this Agreement and the Service
23.1 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.