Terms of Service
1. ACCEPTANCE OF TERMS
1.2. Please read these Terms of Service (the “Terms of Service”, “Terms” or “Agreement”) carefully as they govern your use of the mobile and internet-based services and business tools offered by SkillPublic Inc (Beautster is SkillPublic Inc. trade name - the "Company," "Beautster,” “we”, “us” or “our”). This Terms will be effective from the time a user registers on the Service until the cancellation of their account.
1.3. User’s attention is drawn in particular to the following:
1.3.1. Clause 3.8; and
1.3.2. Clause 4.
1.4. We appreciate your using our service which includes the use of:
1.4.1. the website www.Beautster.com.sg (the “Website”),
1.4.2. any Beautster-branded mobile apps/software we make available,
1.4.3. any pages we operate on third party social media applications;
1.4.4. the content and services we make available through them via the internet or mobile devices (including smartphones and tablets); and
1.4.5. the provision by us of associated information, products and services by e-mail or your mobile device.
1.4.6. Such services, applications and the Website are collectively referred to as the “Service”.
1.5. The Beautster Services are designed to provide:
1.5.1. Clients with:
1.5.2. the supply of professionals registered within the Beautster Platform for the scheduling and the contracting of Beauty/Wellness Services;
1.5.3. Professionals with:
1.5.4. offers of different service packages with the primary aim of capturing new clients by the provision to them of the professional’s Beauty/Wellness Services; and
1.5.5. a tool on the Beautster Platform for synchronisation of the professional’s schedule
1.7. If you enter any prize competitions or other promotions on the Services, separate terms and conditions may also apply in addition to these Terms and Policies. In the event of a conflict between any additional terms and conditions and these Terms and Policies, such additional terms shall prevail to the extent of the conflict.
1.8. All users must accept these Terms in order to use the Services. Use of the Services constitutes acceptance of and agreement to all of the terms and conditions in these Terms of Service. If a user objects to anything in these Terms they are not permitted to use the Services.
1.9. You may not assign, transfer or subcontract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
1.10. We may vary these Terms of Service from time to time and shall post such alterations on the Website. If you do not agree to the changes made to these Terms then you have the right to stop using Services, and should do so immediately. Your continued use of the Beautster Services after the date the changes have been posted on the Website will constitute acceptance of the amended Terms.
1.11. All rights to the Website and the content on it (except for Professional Content) and all other Intellectual Property Rights belonging to or licensed to Beautster remain vested in Beautster at all times. Nothing in this Agreement shall give any User any rights in respect of any such Intellectual Property Rights or of the associated goodwill.
1.12. The unenforceability of any part of this Agreement will not affect the enforceability of any other part.
1.13. No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
2. DEFINITION OF TERMS
2.1. In addition to terms defined elsewhere in this Agreement, the following terms will have the meaning ascribed below:
2.1.1. “Client” or “Customer” means any person who is seeking Beauty/Wellness Services by means of the Beautster Platform, and/or who is purchasing or receiving the professional services.
2.1.2. “Professional” means an individual or organization who is in the business of providing, and supplying to customers Beauty/Wellness Services by means of the Beautster Services.
2.1.3. “Professional Content” means any information, documentation, equipment, software or other material (which may include the Professional’s name, logo and any other brand features and Intellectual Property Rights) which may be published on the Service(s) pursuant to this Agreement.
2.1.4. “Intellectual Property Rights” means all intellectual property rights on a worldwide basis whether currently in existence or otherwise and whether vested or contingent including (without limitation) copyright (including foreign language translation rights), design rights, database rights, rights in any domain names, registered designs, patents, trade-marks, trade names and all similar rights whether registered or otherwise (including, without limitation, all extensions, reversions, revivals and renewals thereof). The above shall include, in relation to registrable rights, any applications made or rights to make applications in respect of any such rights.
2.1.5. “Parties” means Beautster, the Professional and the Client.
2.1.6. “Payment Provider” means the Company providing financial/operational services is responsible for the management and the control of payments made within the Beautster Platform. The user is aware that Beautster has no direct contact with the securities transactions performed by this means of payment, and all values and commission distribution must be performed exclusively by this means of payment.
2.1.7. “Registration Data” has the meaning as set out in clause 7.1.
2.1.8. “User” means individually, when in the singular, or jointly, when in the plural, the Professional and the Client.
2.1.9. “Beautster”: Means the Company, contracted by users through the Beautster Platform in order to ease, optimize and maintain the beauty and wellness service contraction by a beauty/wellness professional and a client, as well as locate clients wishing to receive any kind of beauty services by a professional.
2.1.10. “Beautster Platform” or “Platform” means any and all systems used by Beautster in order to enable a contractual relationship between a professional and a client, being, but not limited to, the Services including the website www.Beautster.com.sg and the application (“App”).
2.1.11. “Beautster Services” means all services, application and functionalities made available by Beautster to a Business either on the Platform or in any other form, such as Widgets, Software and other;
2.1.12. “Promotional campaigns” means a series of advertisements and promotions that share the same message and ideas to promote Beautster and its professionals to a target audience.
2.1.13. “Software” means the Beautster web-based connection and salon management software running through a web browser which connects Business´s IT infrastructure to the Platform and Beautster’s IT infrastructure and to which the Business is granted access through its login data;
2.1.14. “Widget” means a widget that may be provided as one of the Beautster Services for the Business to embed in their website, which allows Bookings to be made.
2.1.15. “Fee” means the fee payable by the Business to Beautster
2.2. Unless the context otherwise requires:
2.2.1. each gender includes the others;
2.2.2. the singular includes the plural and vice versa;
2.2.3. references to this Agreement include its Schedule;
2.2.4. references to persons include individuals, unincorporated bodies, government entities, companies and corporations;
2.2.5. Clause headings do not affect their interpretation;
2.2.6. references to ‘writing’ or ‘written’ include email or communication by means of the facilities in the Service;
2.2.7. general words are not limited by example; and
2.2.8. references to legislation include any modification or re-enactment thereof.
3. SERVICES TERMS
3.1. Through the website we provide an online platform through which all types of beauty and wellness service providers, for example; nail studios, cosmetic studios, hair dressers, (collectively the "Service Provider(s)"), can advertise their services for reservation, and through which visitors (“Customer”, “you”) to the website can make such reservations after registration. By making a reservation through Beautster.com, you enter into a direct (legally binding) contractual relationship with the Service Provider at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the Service Provider, transmitting the details of your reservation to the relevant Service Provider and sending you a confirmation email for and on behalf of the Service Provider. The reservation is valid from the point of its booking online and independent from any confirmation send. The booked Service can be rescheduled to another time online and without any charges up to 24 hours before the appointment.
3.2. When rendering our Services, the information that we disclose is based on the information provided to us by the Service Provider. As such, the Service Providers are given access to our system through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each service provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any service made available.
3.3. Our services are made available for personal and noncommercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
3.4. Beautster will offer professionals, at the time of registration and/or on the introduction of new Services, package options including additional services, aside from the main services specified in clause 1.5. Beautster offers professionals:
3.4.1. the development of a professional profile on the Beautster Platform;
3.4.2. the display of images of professional’s previous work;
3.4.3. the automatic issue of scheduling reminders;
3.4.4. the dissemination of recommendations of the clients;
3.4.5. the offering of scheduling tools;
3.4.6. the production of scheduling reports;
3.4.7. photographic services; and
3.4.8. the making of promotional campaigns in order to increase the professional’s visibility.
3.5. The professional is aware that the above services are dependent on the package purchased by the professional and that the price will vary according to each package. The professional therefore acknowledges that he will only receive a particular service corresponding to the package chosen.
3.6. Notwithstanding, Beautster may, at any given moment and upon prior written notice:
3.6.1. alter the title and the service package scope; and/or
3.6.2. alter the service package prices.
With respect for the purposes of this clause 4.2, unless otherwise stated, 10 days’ notice of the alterations will be given from the date of the notice to the professionals. On expiry of the notice period, Beautster may make the alterations, irrespective of express acceptance of the professional. However, in the event a professional does not agree with the amendments proposed by Beautster, they must submit a request for cancellation of their Beautster account, by sending an email to [email]. This is without any additional charge (not including amounts owed to Beautster by professional as at the time of cancellation.
3.7. Services rendered by Beautster do not, in any event, cover:
3.7.1. in regards to both professionals and clients, a promise of employment;
3.7.2. in regards to professionals, liability to provide professionals to clients, when desired;
3.7.3. in regard to clients, any warranty in respect of the services provided by any professional.
3.8. Users agree that Beautster’s Services are limited to that of an intermediary. Beauty/Wellness Services are not bought or sold by of from Beautster. They are bought by clients from professionals and sold by professionals to clients. Beautster is not liable to any user for the acts or omissions of any other user.
4. CUSTOMER TERMS
4.1. Use of the Platform
By using the Platform, the Customer agrees:
4.1.1. A contractual relationship exists with Beautster for the sole purpose using the Platform for which Beautster does not receive any consideration from the Customer and which is governed by these General Terms and Conditions for the use of the Platform and of the Services provided (the “T&C's”) and the Privacy and Cookies Policy; and
4.1.2. A contractual relationship exists with the relevant Business for the provision of the Services booked by the Customer through the Platform. The Customer agrees that Beautster is expressly not a party to that contract whose specific content may vary from Business to Business and, in cases where the terms differ from these T&C's, the Business is obligated to notify the Customer at the time of the booking either on the relevant Business's page on the Platform or by a link to the Business´s terms and conditions published on Business´s website.
4.1.3. These T&C's do not govern the relationship between Beautster and the Business.
4.1.4. The use of the Platform is regulated by these T&C's and the "Privacy & Cookies Policy". Beautster may change its T&C's from time to time, in which case the new up to date version will be available on the Platform. The Customer will be required to review the T&C's on the Platform before concluding every transaction/booking. By continuing use of the Platform, the Customer explicitly agrees to any amendment to the T&C's.
4.1.5. These T&C's shall also apply in case the Platform is provided through one or more mobile applications or widget/plugin directly on the Business´s website.
4.2. Access to the platform
4.2.1. Access to the Platform is available when the Platform is online. Beautster has the right to put the Platform offline due to any reason it may deem appropriate or amend its content and services without notice. Beautster will not be liable if, for any reason, the Platform or any part of it will not be available at any time or for any period.
4.2.2. In order to access the Platform the Customer shall have installed on his device one of the following operating systems and the following software: operating system with updated antivirus software and an updated browser (we recommend Chrome and Firefox). The Customer should also ensure that his device/s has/have the necessary protection systems against data-stealing or abusive IT system intrusion.
4.2.3. The Customer is solely responsible for any access to the Platform made by third parties with his/her credentials.
4.3. Misuse of the platform
4.3.1. All the data provided by the Customer on the Platform is true, complete and accurate. The Customer undertakes to keep such information updated at all times and is solely responsible for any loss that arises out of a misrepresentation.
4.3.2. The Customer will be held personally responsible for any misuse of the Platform, in particular, Beautster may pursue a civil or criminal action in case the Customer: (i) knowingly introduce viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so) or the Platform; (ii) gain or attempt to gain unauthorized access to the server on which the Platform is stored or any server, computer or database connected to the Platform; (iii) attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; and (iv) use the Platform for any reason that is contrary to law or public policy.
4.3.3. All the data provided by the Customer on the Platform is true, complete and accurate. The Customer undertakes to keep such information updated at all times and is solely responsible for any loss that arises out of a misrepresentation.
4.3.4. The Customer will be held personally responsible for any misuse of the Platform, in particular, Beautster may pursue a civil or criminal action in case the Customer: (i) knowingly introduce viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so) or the Platform; (ii) gain or attempt to gain unauthorised access to the server on which the Platform is stored or any server, computer or database connected to the Platform; (iii) attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; and (iv) use the Platform for any reason that is contrary to law or public policy.
4.4. Registration and customer-generated content
4.4.1. When registering for use of the Services, the user agrees to provide true, accurate, current and complete information as prompted by the Service’s registration process and as requested from time to time by Beautster (such information, "Registration Data"). The user further agrees that, in providing such Registration Data, the user will not knowingly omit or misrepresent any material facts or information and that the user will promptly enter corrected or updated Registration Data via the Services, or otherwise advise us promptly in writing of any changes or updates to the Registration Data. The user consents and authorises Beautster to verify the Registration Data as required for the use of and access to the Services.
4.4.2. Users are allowed to, through the Beautster Platform, link to third-party application accounts, such as Facebook, Twitter and Instagram, either on creation of the user’s account or at future authorisation and/or upgrade. The user permits Beautster to make publications in third-party applications for means of advertisement, without violation of the terms and conditions of these third-party application accounts. Beautster will not make publications in third-party applications where there is the requirement to pay any fees, or the user itself restricts the use of such publication.
4.4.3. By granting Beautster access to third-party accounts, the user acknowledges that:
22.214.171.124. Beautster may access, deliver and store (if applicable) any content that the user has provided and stored in his third-party account, so that it is available through his account, including and without limitation to any friends lists; and
126.96.36.199. Beautster may present and receive additional information in its third-party accounts.
4.4.4. The user acknowledges that Beautster maintains an absolute discretion to reject a user’s registration after the submission of the requested documentation. Reasons for such rejections include, but are not limited to, instances where the documentation is invalid, incomplete or ineffective.
4.4.5. The user account/profile of every user is personal to that user and not transferable. Beautster reserves the right to delete an account without any justification and prevent further use of the Services by blocking access to the Beautster Platform and to other users’ profiles. Blocked users are not allowed to create new profiles or accounts. users have no proprietary rights with regard to the user profile or account created on the Beautster Platform.
4.4.6. Prior to registration Beautster will request, where applicable:
188.8.131.52. personal and professional documentation from the professional in order to register him and may, at any time, request additional documentation that may be necessary; and
184.108.40.206. user documentation, including but not limited to, company registration number, identity card number and proof of address, as well as bank details.
4.4.7. Beautster reserves the right to use any information reasonably necessary for the verification of the identity of the users in order to optimize the Platform activities, and user consents to such use of such information.
4.4.8. Once registration has been accepted, a username and password will be created and supplied to the user in order to provide access to the Services.
4.4.9. Beautster will not be liable for any damage that may result in the dissemination of the user’S password to third parties. The user will be entirely and solely held liable for this.
4.4.10. The user authorises Beautster to use his personal data in order to enable the contact between the PARTIES.
4.4.11. Beautster reserves the right to withhold personal information that is necessary for security or the maintenance of Beautster reputation.
4.4.12. The user acknowledges that any recipient of a user’s personal information may disclose confidential information in confidence to a professional adviser of the recipient or if it is required to do so by law, regulation or order of a competent authority.
4.4.13. The user agrees that the internet is not 100% safe or free of intrusions, and hereby acknowledges that Beautster shall not be responsible for information theft through illicit means.
4.4.14. Beautster reserves the right to disable, temporarily or permanently, the user and/or their advertisements which are untruthful, defamatory, abusive, offensive, critical of Beautster, or that violate any legal provision in force.
4.4.15. Beautster may suspend, delete and/or block user registration as a result of complaints, internal assessments or non-payment of the service fee.
4.4.16. The user acknowledges that if their account is blocked, Beautster, as an intermediary between users, is obliged to notify such blocking to any other user in contact with or requesting contact with the user. Only the status of the account and not the reason behind being blocked will be shared.
4.4.17. Beautster has an internal policy for the evaluation of its users, with a team focused on complaints from other users and assures the users that, except as requested by law, no personal information will be disclosed from those who complain and, therefore, Beautster is not obligated to justify to the blocked user about his inactivity when founded on complaint, except as requested by law.
4.4.18. With users who request cancellation of their registration or who were blocked due to violation to these Terms of Service, information relating to their account will be retained and stored by Beautster in accordance with applicable laws.
4.4.19. The user is granted the right to request, at any time, his account cancellation. To do so, a user must provide Beautster with a written notification sent via email/Website to contact@Beautster.com.sg stating his full name and registration details with a request to cancel his account.
4.5. Customer generated content
4.5.1. The Customer can create (receive) his own account on the Platform through his login data which will give him access to further features, content and special promotions on the Platform. In order to activate the account, the Customer shall choose such option on the Platform either at signing-up or in a later moment and will have click on a link in an e-mail he will receive by the system (opt-in mechanism).
4.5.2. The Customer can, at any time delete his account by sending an e-mail to customer support (contact@Beautster.com.sg). Beautster will make its best effort to deactivate the account in a timely manner.
4.5.3. All content submitted to or uploaded on the Platform by a Customer through his account, including without limitation, personal data, contact details, usernames, pseudonyms, text, comments, reviews, images, and all other information must be true, complete, correct and shall not offend any third party´s right, including the rights of the Businesses and shall not in any way be considered against public policy or public morale or the applicable laws in Canada.
4.5.4. The Customer agrees that Beautster may, in its sole discretion, amend or delete any content, before or after publication or refuse the publication. In particular the Customer warrants, represents and undertakes to Beautster that his Customer Generated Content (including its use, publication and/or exploitation by Beautster) shall not: (i) infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity; (ii) contain any material which is defamatory of any person; (iii) contain misleading or deceptive statements or omissions or misrepresentation as to Customer´s identity (for example, by impersonating another person) or his affiliation with any person or entity; (iv) breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence; (v) advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (vi) violate any other applicable law, statute, ordinance, rule or regulation.
4.5.5. Should the Customer Generated Content not be compliant with the applicable law or the above set rules, and as a result of this, should Beautster suffer a loss or damage, the Customer shall be held liable and the Customer agrees to indemnify Beautster for all such loss or damage.
4.5.6. Should the Customer Generated Content have criminal implications, Beautster reserve the right to pass it on to the relevant authorities and to disclose the Customer´s identity to any third party (including their professional advisor) who claims that any of the Customer Generated Content constitutes a violation of any of their rights.
4.5.7. Apart from personal data which are protected according to the law and to the Privacy and Cookies Policy, any other customer generated content submitted to the Platform will be considered non-confidential and non-proprietary.
4.5.8. All Customer Generated Content posted on the Platform will be linked to the Customer username provided at the time of registration.
4.5.9. Clients can post, at no cost on the Beautster Platform, reviews concerning the Beauty/Wellness Services provided by a professional ("Reviews").
220.127.116.11. Reviews must:
a) Be based on concrete facts;
b) Be fair and objective;
c) Not contain any type of content that might be considered as defamatory, offensive, abusive, infringing intellectual property rights or illegal.
18.104.22.168. Reviews that violate the conditions set out in clause 10.1.1 will not be published or will be deleted without prior notice to the user. Reviews are personal opinions of users and do not represent the opinion of Beautster. Beautster reserves the right to investigate Reviews and take relevant appropriate measures.
22.214.171.124. By submitting a Review on Beautster, the user licences to Beautster the rights to use this text without any time or geographical limitation. Beautster reserves the right to edit and publish, or not, the Reviews submitted. In addition, Beautster can license these Reviews to other parties.
126.96.36.199. Any attempt by a client or professional to provide self-recommendation is prohibited, as is any other attempt to try to distort Reviews for that user’s own gain or that of others.
4.5.10. It is prohibited to put on the Beautster Platform any type of advertising material regarding Beauty/Wellbeing Services or any other type of service or goods without the written consent of Beautster.
4.6. Customer programs and terms of the programs
188.8.131.52. The earned cash is non-transferable and the collected rewards can only be redeemed for services offered by, and accessed through Beautster.
184.108.40.206. Beautster reserves the right to audit and terminate fraudulent accounts at any time and without prior notice.
4.6.2. Beautster reserves the right:
a) to amend the terms and conditions of Beautster Cashback
b) to terminate your participation and / or
c) to terminate the entire program
at any time and for any reason without prior personal written notice. This applies even though such changes may affect the value of the cashback or the ability to obtain certain cashback. Changes to the program shall be released on Beautster.com.sg.
4.6.3. Your personal data will be protected in accordance with the private & cookies policy as applicable in its latest version and as displayed on Beautster.com.sg. By participating in Beautster Cashback, you agree to allow Beautster to communicate, in particular but not limited to, via mail, email, phone, external websites and various other channels.
220.127.116.11. Beautster Cashback and its benefit is limited to individuals for private use only. The commercial use of Beautster Cashback is prohibited.
18.104.22.168. The earned cashback has a 3 months expiration date.
5. BOOKING TERMS
5.1. Booking Policy
5.1.1. A client can book through the Beautster Platform up to 2 (two) hours before the Beauty/Wellness Service is to be provided.
5.1.2. If a user does not attend a Beauty/Wellness Service booked through the Beautster Platform and paid online, they will be charged. However, Beautster reserves the right to assess and disclose this information concerning the user, allowing Beautster to cancel the registration of the user at any time.
5.1.3. The professional is responsible for informing Beautster if a client does not attend by means of the Beautster Platform. In the event that Beautster discovers any type of fraud in the use of this process, the professional will be charged for the services wrongfully cancelled.
5.1.4. The professional shall meet its obligations to the client to provide a right to cancel in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
5.1.5. The professional is obliged to meet the reservations made by the client, in the exact terms indicated on the Beautster Platform, in periods when the professional is declared free on the Beautster Platform, without giving priority to any other type of schedule received by other means and / or prioritise the fixed clients hall, to arriving at the first location, among others.
5.1.6. Beautster shall not be held liable where:
22.214.171.124. the professional has already filled the time that the client desires;
126.96.36.199. the professional has already scheduled directly with the client;
188.8.131.52. the professional has declared he is free on a specific day and time on Platform, but is actually busy and this has not updated the Beautster Platform. In the latter case, the professional agrees to give preference to the Beautster clients, over other beauty/wellbeing service customers.
5.1.7. Beautster will not be held liable for the maintenance of the professionals schedule. The professional acknowledges that he must maintain his schedule as shown on the Beautster platform.
5.1.8. In compliance to Canada’s Spam Control Act and as part of the Services, Beautster offers professionals the possibility to send SMS messages, application-push messages and emails to clients, for various reasons, including reminders of upcoming bookings.
5.1.9. By accepting clause 5.1.6, the client accepts to receive these messages and the professional acknowledges that they are obliged to adhere to its client’s preferences expressed to professionals regarding these notifications.
5.2.1. Client can pay either online or at the salon
5.2.2. Professional will pay a commission
5.2.3. Professionals will pay a bill for Cash On Delivery (“COD”) payments and we will retain Online Payment (“OP”).
5.2.4. Payment info are confidential
5.3. Booking amendments or cancellations
5.3.1. If a Customer needs or wishes to change or cancel the booking (time/date) after he has received the confirmation email, he may change or cancel the booking directly on the Platform. In case the Business is already booked at the new time/date wished, the Customer shall contact the relevant Business directly, and may decide to make a new appointment and cancel the previous booking. Should a Customer be unable to contact a Business, please contact Beautster customer care at contact@Beautster.com.sg
5.3.2. Should a booking be amended or simply cancelled, either on request of the Customer or on request of the Business, the Business will notify Beautster and will update its agenda on the Platform immediately.
5.3.3. If the Customer cancels a Booking at least 24 hours before the applicable appointment, he can reschedule the appointment or in case it should not be possible, the price will not be charged on his credit/debit card.
5.3.4. In case the Customer cancels a Booking later than 24 hours before the applicable appointment, the applicable price will be charged on his credit/debit card.
5.3.5. In case the Customer does not notify the relevant Business with the cancellation and simply does not show up to the appointment he will not be refunded the already paid amounts.
5.3.6. In case of urgent cancellation by the Business, the latter may use the Customer’s contact details that Beautster has the right to provide him with, according to the Privacy and Cookies Policy.
5.4. Price, payment and invoicing
5.4.1. The prices for the Services are displayed on the Business’s personal page on the Platform and may vary from time to time upon exclusive decision of the Business.
5.4.2. The Platform contains details of a number of Services and it is possible that, despite Beautster’s best efforts, some of the prices and other information shown by the Business on the Platform for certain Services are incorrect/not updated.
5.4.3. Unless the Customer has opted for "Pay at Venue", the payment for the Services shall be confirmed at the time of the booking by credit or debit card, using the online payment facility ("Payment Facility") provided by the Platform. The Payment Facility will reserve on the credit/debit card account of the Customer the due price, which will be eventually paid at the time of the performance of the Services, when the relevant Business issues the relevant invoice. The Customer shall be responsible for protecting his own confidential data which give him access to the Platform such as user ID and any password or other security information used by the Customer to access his account. Any currency conversion costs or other charges incurred in making a payment will be borne by the Customer.
5.4.4. Beautster takes reasonable care to ensure that its Payment Facility is available and functioning at all times, but cannot guarantee continuous and uninterrupted access to such Payment Facility. Beautster also try to ensure that Customer’s payments are processed promptly, but it is often difficult to predict the amount of time needed to complete processing because it is dependent upon many factors outside of Beautster´s control, such as delays in the banking system or in card networks. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Beautster will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will use its best effort to restore the facility as soon as reasonably possible.
5.4.5. For the bookings it is possible for the Customers to opt for a payment at Business´s premises ("Pay at Venue"). According to this option the Customer can make a booking on the Platform but eventually pay for it directly to the Business at the time of the appointment. Please note that this way of payment is available only if the Business and/or the Customer are eligible. Eligibility mainly depends on the fulfilment of the respective obligations according to these T&C's and to the Business agreement (only for a Business). In any case this option will appear on the Platform at the time of the Booking.Please note that the way of payment does not change the other content of the contractual relationship with the Business also with respect to the cancellation policies.
5.5.1. In case a Customer is not satisfied with the Services provided by the Business, he shall directly make his claims to the relevant Business.
5.5.2. In order to improve or keep a high quality Business´s Services, Customers can also leave their review on the relevant page of the Platform. Such review cannot however be offensive, misrepresentative or false.
5.5.3. The Customer may also contact Beautster’s customer support and Beautster will try to find a solution with the Business. However, ultimately, the Business is the only and sole responsible for the performance of the Services.
6. PARTNERS TERMS
6.1. To enable the use of the Beautster Services, it is necessary for the Business to sign up on https://www.beautster.com or contact us at firstname.lastname@example.org or call +1 403-404-1544. Upon registration, the Business shall provide Beautster with the required data. After the successful registration of the Business by providing the required data, Beautster will enable the Business to use the Platform and the related Beautster Services. Beautster will provide the Business with login data, which will allow him to get access to the Platform. In order to sign the Agreement, the Business has to tick a „confirmation“ box during the first login; upon signature the Agreement will become effective (Effective Date).
6.2. Beautster solely provides a platform to connect professionals and clients and serves only as an intermediate to facilitate the provision of Beauty/Wellness Services. Beautster does not provide or contract for the supply or purchase of Beauty/Wellness Services. Professionals and clients negotiate and contract independently for the provision of Beauty/Wellness Services. Each Client is solely responsible for selecting the professional, the Beauty/Wellness Services to be provided and the location at which these services will be performed. Any decision by a client to receive Beauty/Wellness Services or by a Professional to provide Beauty/Wellness Services is a decision made at such user’s sole discretion.
6.3. The professional acknowledges that the Services provided by Beautster have a cost, already agreed and accepted by professionals at the time of registration on the Beautster website. Beautster reserves the right to alter the figures charged. For “Pay at the Venue” Bookings, we will either deduct our Service Fees from what we owe you or, if we do not hold sufficient funds, the amount payable by you to us will be set out in your Invoice Statement. We will send you an Invoice Statement once a month which will set out what we owe you for Beautster Bookings, what you owe us (e.g. Service Fees and any other applicable fees or charges) and the resulting balance (whether you owe us, we owe you or the balance is settled).
o If we owe you, we will pay this amount to your bank account.
o If you owe us, we will charge the credit card that you have supplied on the Beautster
o If the balance is settled, we will explain on the Invoice Statement that there is nothing further needed.
If you have any issues with paying your outstanding balance within the required timeframe, please get in touch as soon as possible. Access to the Beautster Business Software or to the Beautster Website may be denied to Partners who do not settle their outstanding balances in a timely manner.
6.4. The professional acknowledges that an alteration of the sums charged by Beautster to the professional in respect of the Services are necessary they will be informed via email. 10 days’ notice of the alterations will be given from the date of the notice to the professionalS. On expiry of the notice period, Beautster may make the alterations, irrespective of express acceptance of the professional. However, in the event a professional does not agree with the amendments proposed by Beautster, they must submit a request for cancellation of their Beautster account, by sending an email to [email]. This is without any additional charge (not including amounts owed to Beautster as at the time of cancellation).
6.5. The client acknowledges they have to pay for what they have booked through Beautster and that the price on the platform is the final amount charged. We are not responsible for any other services not included in the booking.
6.6. Beautster, in agreement with its professionals, can offer special promotions on specific services. Please note that all the services booked with a special promotion on Beautster can be booked only once per client.
6.7. You are responsible for the Partner Services which you provide to Customers in your spa/salon and the contract for those Partner Services is between you and the Customer. We are in no way liable to Customers for the Partner Services they receive from you.
6.8. You are responsible for the Partner Services which you provide to Customers in your spa/salon and the contract for those Partner Services is between you and the Customer. We are in no way liable to Customers for the Partner Services they receive from you.
6.9. You have a number of obligations to Beautster in return for receiving the Beautster Services. These are set out in detail in the full version, but some important ones are as follows:
o You agree to process and supply the Partner Services to the highest industry standards. o You must at all times provide the Partner Services on the Website and App at the same prices you offer on your own website. For the avoidance of doubt, you are permitted to offer lower prices or special offers to closed groups of individuals (both online and offline), directly in your salon and on alternative online sales platforms.
o You must ensure that you have all licenses, consents, qualifications, authorities & insurance that are required for you to perform the Partner Services.
o You must ensure that all information supplied to your Partner Profile is accurate, not misleading and legally compliant.
o Your cancellation and rescheduling terms in respect of Beautster Bookings must comply with our Booking Terms and Conditions
o In respect of “Pay at the Venue” Bookings, Beautster is solely a technology provider and does not act as a commercial booking agent. Customers and Partners are able to cancel “Pay at the Venue” Bookings up until the time of the appointment and no contract is created between the Customer and the Partner until the appointment takes place. Confirmation and reminder emails will be sent to Customers via the Beautster Business Software on behalf of the Partner, but the Partner is responsible for providing the Partner Services to the Customer and handling any cancellations or rescheduling directly with the Customer or via the Beautster Business Software itself. Beautster has no further involvement in the “Pay at the Venue” Bookings process and solely provides the technology to facilitate “Pay at the Venue” Bookings to be made.
7.1. Limitation of liability
7.1.1. In case of death or personal injury caused by negligence, fraud or fraudulent misrepresentation Beautster will hold no liability in accordance with Terms set forth in this agreement and permissible within the extent of the law.
7.1.2. If you are dissatisfied with the Beautster Services, or the terms of the Terms, your only remedy under the Terms shall be to discontinue use of the Services. Without limiting this clause 7.1.2. we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
7.1.3. Other than as set out in the two paragraphs immediately above, we shall not be liable in contract, tort (including negligence), for breach of statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms.
7.1.4. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Beautster OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, Businesses AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF SALES OR BUSINESS, LOSS OF PROFITS, LOSS OF AGREEMENTS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF OR DAMAGE TO GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER ECONOMIC LOSS (EVEN WHERE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE), RESULTING FROM:
184.108.40.206. THE USE OR THE INABILITY TO USE THE SERVICES;
220.127.116.11. professional’S SERVICES FACILITATED BY THE SERVICES PROVIDED BY Beautster 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 TO user STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE OR DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY user;
18.104.22.168. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
22.214.171.124. ANY UNAUTHORISED ACCESS TO OR ALTERATION OF THE SERVICES OR THE user DATA OR TRANSMISSIONS; OR
126.96.36.199. ANY OTHER MATTER RELATING TO THE SERVICES.
7.1.5. In the event that any limitation or exclusion of liability in the Terms is not enforceable, then Beautster shall not be liable to a user for more than £200 in aggregate in respect of matters arising out of any individual contract for professional Beauty/Wellness Services that was facilitated via the Beautster Platform.
7.1.6. Each of the provisions of this clause 5 shall be construed separately and independently of the others.
7.1.7. This clause shall survive the termination or expiry of these Terms.
7.2.1. The user agrees to defend, indemnify and hold harmless Beautster and its affiliates, officers, directors, employees, agents, Businesses and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to legal fees) arising from or relating to:
188.8.131.52. the user use of and access to the Services;
184.108.40.206. Beauty/Wellness Services facilitated by the Services or any interaction between the user and another user;
220.127.116.11. the user violation of any term of these Terms of Service;\
18.104.22.168. the user violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or
22.214.171.124. any third- party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services. This defence and indemnification obligations will survive the termination of this Agreement and the use of the Services.
7.3. Intellectual Property
7.3.1. Subject to these Terms and solely for the purposes of receiving the Beautster Services, Beautster hereby grants each user a limited, revocable, non-exclusive, non-transferable license to display the logos, trademarks or other intellectual property of Beautster solely for personal, non-commercial use in connection with the use of the Services, promotion of Beauty/Wellness Services offered via the Beautster Platform or other uses expressly permitted by Beautster in writing. Notwithstanding such permitted uses and license, the user acknowledges that all derivative designs and artwork, which use the Company’s logo or any other Company Intellectual Property Rights, are the sole property of Beautster. No other rights are granted to users with respect to the Company’s Intellectual Property Rights other than those rights granted explicitly in these Terms, including with respect to any derivative works.
7.3.2. users are clearly prohibited from, distributing, modifying, and exhibiting any work derived by any form from the use of the content of this Platform or by the materials conveyed on it.
7.3.3. We are constantly working on ways of improving Beautster. We cannot do so efficiently if we have to avoid ground covered by user contributions; it may be that we are already working on an area for improvement or development suggested by a user. By submitting ideas, suggestions, documents, and/or proposals (referred to here as “Feedback”) to Beautster, you agree that it does not contain confidential information or intellectual property rights and that Beautster is not under any obligation of confidentiality, express or implied, with respect to the Feedback. Beautster shall be entitled to use or disclose such Feedback in any part of the world for any purpose, in any way, in any media. You agree that you are not entitled to any compensation or payment of any kind from Beautster under any circumstances in respect of any Feedback.
7.3.4. It is forbidden to use any automated system or software to extract, scrape, spider, resell, copy, reproduce or modify any data from the Beautster Platform without the express consent of Beautster seen that such practices do not find legal support in the current legislation.
7.3.5. You also hereby grant Beautster a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such user content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such content on the Beautster Platform and will terminate at the time such Content is removed from the Services by you or by Beautster.
7.4.2. However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate Businesses, licensees, agents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Services as made available on our website, (iii) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (iv) any (personal) injury, death, property damage, or other damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Service Provider.
7.5. Third party transactions and third party websites
7.5.1. Beautster uses the third-party payment platform Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your Beautster account. By using Beautster and its Services and agreeing to the Terms, you agree to be bound by Stripe’s Terms of Service.
7.5.2. You understand that payment processing services for the Business on Beautster are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a Business on Beautster, the Business agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Beautster enabling payment processing services through Stripe, the Business agrees to provide Beautster accurate and complete information about himself and his business, and authorizes Beautster to share it and transaction information related to the use of the payment processing services provided by Stripe.
7.5.3. Payment processing services are being offered at the sole discretion of Stripe. Beautster does not warrant that these in general or specific payment options will always be available for the Business’s or Customer’s use. The Business agrees however to take every reasonable effort to comply with Stripe’s terms and help to make online payments available to the Customers.
7.5.4. Beautster may also deactivate offline payments for certain Customers that did not show up for an appointment before. In case the payment should be made on the Platform, Stripe will accept such payment in the name and on behalf of the Business and will forward it to the Business after having deducted Beautster’s fee under the terms and conditions set out in article 8.
7.5.5. You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or your Beautster account, and you expressly agree to provide the legal document required to comply with Stripe Connected Account.
7.6. Applicable law and Jurisdiction
7.6.1. By choosing to use the Beautster Platform, users acknowledge that the Terms shall be subject to the laws of Canada and the parties shall submit to the exclusive jurisdiction of the Canadian courts.
7.6.2. We will make reasonable efforts to keep the Beautster Services available at all times, except for:
126.96.36.199. planned downtime (of which we will endeavour to provide at least 8 hours prior notice); or
188.8.131.52. any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems or Internet service provider failures or delays.
7.6.3. We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. The user acknowledges that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Beautster shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. Beautster has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services. Access to our Services is permitted on a temporary basis.
7.6.4. Beautster is not responsible for the quality of the internet connection required to have the Services working on a smartphone, computer, tablet or other electronic device.
7.6.5. Beautster is not responsible for any user content and whilst Beautster will use all reasonable methods to remove inappropriate content in a reasonable time frame Beautster is not responsible for any delay in doing so.
7.6.6. Whilst Beautster will take all the appropriate technical and organisational measures to prevent against unauthorised or unlawful processing of personal data and against accidental loss, destruction of or damage to personal data, we cannot warrant that the Services will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code.
184.108.40.206. Additionally, Beautster will not be held liable for any harm that might stem from the violation of these measures by third parties that use public networks or the internet, circumventing mechanisms to restrict access to user information. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
7.6.7. Concerning the security and privacy of data registered on the Services, Beautster states that the password and all the data that the users enter on the Platform are fully protected by encryption technology. Nevertheless, Beautster recommends that the User never disclose their Beautster Platform password to anyone. The user is fully responsible for the confidentiality and use of their password and identity.
7.6.8. Beautster will not be liable for any damage or loss of user equipment caused by failures in the Beautster Platform or its suppliers systems, server or caused by third party conduct.
8. CHANGES TO OUR TERMS
9.1. All comments, questions, complaints and/or requests relating to our use of your personal data and this P&C Policy are welcome and should be addressed to SkillPublic Inc. You can also contact us at email@example.com or phone: +1 403-404-1544.