Last update: Nov 07, 2019
1. Purpose
1.1 The terms herein are what you, the user, will be bound to with us.
1.2 hairtapp.com is a website owned and operated by Hairtapp Ltd (“referred to as we, us, the Company).
2. Using our website
2.1 These terms and conditions, privacy and cookie policy are binding upon anyone who continues to use the site or any of hairtapp.com offered services. Please note that continued use of our site and service constitutes agreement on all points. If you do not agree to any of the Terms, you are advised to immediately cease use.
3. Amendments
3.1 These terms may be amended unilaterally by hairtapp.com at any time without consultations. If there are any changes made to these terms we will notify the same at the top of this page for a period of 7 days and it is up to you, the user, to stay abreast of any revisions by checking these terms from time to time. By your continued use of our website, you will be considered as having accepted any such changes without reservations.
4. Company details and business model
4.1 Company Details
Company name: Hairtapp Ltd.
Company URL: www.hairtapp.com
Areas Covered: United Kingdom only
4.2. Services description
4.2.1 Hairtapp.com connects owners of salons and barbershops with Clients in need of hair services. We do not provide any of the services ourselves but we facilitate the booking, paying and managing appointments for our users. We are therefore intermediaries and shall not be held legally liable for any breach of contract that is made directly between the service providers and the users.
4.2.2 Hairtapp.com is an online marketplace where people can browse through all types of services and their description including prices from various hosted hair salons and barbershops. Users can also place orders based on their preference, price and location.
4.2.3 We use reasonable endeavour to require that all services listed by the hosted businesses are as accurate as possible and we reserve to remove from our website any provider whose reviews over time are negative. However, we are not in any way connected to the service providers and therefore we do not take responsibility for any inaccuracy in any content, images or prices listed by the providers neither do we guarantee the quality by any of the listed providers. Our liability to you is limited to the maximum extend permitted in law.
5. Business Premises and In-home Hairdressers
5.1 The Service providers we enlist and host in our website may be based either in a registered business premises or at home. Details of the business arrangement of the service provider as per this clause are available in the description page of the services and you have the discretion of choosing either based on your preferences. Please take note that services provided at home may not be covered by the set of laws that regulate health and safety at work as may be amended from time to time. You are therefore liable, in conjunction with the provider for ensuring your own safety while at the provider’s premises. We do not take liability for any loss, damage or injury incurred while utilizing In-home services.
6. Company process
6.1 We require the sellers to upload their profile (services with prices, images, payment terms, refund, and cancellation policies)
6.2 You will browse through the services and use filter options to refine your search. You will be required to use your own discretion and due diligence in choosing the provider.
6.3 You will make your booking through the checkout system. Signing up is mandatory and you, cannot checkout as guest.
6.4 For custom services, you are required to first check with your chosen provider on the availability and any special requirements before making the booking through us. We reserve the right to deduct administrative fee where we make a refund under this clause.
6.5 We will notify you through the provided email address on the status of your appointment. We will not be liable to you if you provide us with in accurate email address or failure to notify us of any change in email address. Notice to us will be effected once you visit your information page on your profile and update your personal information.
7. Creating an Account
7.1 You can create an account either at your own initiative or at the initiative of your service provider. In the latter, the service provider will with your consent take your personal information and share with us. Upon receipt, we will invite you by email to create an account with us. If you believe you have received an email invite by mistake, you must notify us immediately and request for an erasure of your personal information.
7.2 By subscribing to our services, you warrant that you are at least 18 years of age and are of sane mind. You must sign up to our site using a valid email address, your legal name and current address. We will use the email address you provide for primary communication and can refuse any account application at our discretion.
7.3 You certify that all details you enter are true and correct. You are advised to keep your passwords secure. We reserve the right to restrict your access or indefinitely block your account if: you are in breach of any of the Terms herein; we are unable to verify any information you provide; or we believe that your actions may cause any loss or liability to us or our users.
7.4 You specifically waive any and all liability to us in relation to your use of our website and the services provided by hairtapp.com
8. Delivery, Cancellation, and Refund Policy
8.1 Delivery of services, Cancellation, and Refund Policy depends on provider terms which will be available on the provider’s page. You are advised to carefully read the terms provided before making any booking. Should you proceed to make a booking, you will be considered to have read and accepted all the terms.
9. Policy
9.1 If a change in the particulars of the booking is requested, the request should be approved by provider first. Provider has the right to accept or reject the change in order.
10. Payment and Fees
10.1 We charge no fees for joining and creating an account on our website. We similarly do not charge any listing fee. Payment processing fees may be applied depending on your mode of payment and in addition we charge a 5.5% commission fee on all bookings made through our website as a cost to the service provider.
10.2 We accept payment through authorised credit cards and debit cards via Stripe as our payment gateway. Funds received on account of a service provider will be available on their wallets and Service providers will receive payments through bank transfers. Withdrawals can be made every 10-14 days and will be paid less our commission and any withdrawal processing fees applied.
10.3 No claims and/or complaints will be admitted on account of Users (either the customer or the service provider) and no refunds will be offered to the customers unless the complaints are raised within 12hours of the appointment as appears on the booking page on our webiste.
11. Third Party Links and Services
11.1 We may provide third party links to improve user experience. Commentary and material placed on our website are not intended to amount to advice on which reliance should be placed. We also do not guarantee the accuracy of third party services and representations. It is up to you to review the individual terms and conditions of any of third party services provided through this website, and we will not be responsible for the option you choose, if it transpires in the future that you don’t like that service or could have better availed of a different option.
12. Protection of Personal Data
12.1 Personal data provided by you to our website will at all times be kept in the strictest confidence and with the highest level of safety as outlined in our privacy policy and in compliance with all data protection laws.
13. Availability of Services
13.1 We endeavour to ensure service will be available during all business working hours. We however do not guarantee that our services will be without interruptions. We will endeavour to list all scheduled maintenance on our website We may experience down time or scheduled maintenance at any time. We will endeavour to list any scheduled maintenance on our website or an email may be sent to you. During schedule maintenance service may be unavailable or partially impaired. We will not be liable for any direct or indirect losses suffered by you during such down time or maintance to the largest extend permissible in law.
14. No Warranties
14.1 Access to Services is being provided on an ‘as is’ and ‘as available’ basis and Company makes no representations or warranties of any kind, whether express or implied, with respect to the Service, including but not limited to warranties of merchantability, non-infringement, title or fitness for a particular purpose.
14.2 Further, Company makes no representations or warranties that the Service, or client’s access thereto, will be available at any given time, or will be free from errors, defects, omissions, inaccuracies, or failures or delays in delivery of data. To the maximum extent permitted by applicable law, in no event shall the Company or any of its licensors, be liable for any indirect, Simple, punitive, exemplary, or consequential damages, arising out of the access to or use of or inability to access or use the Service, or that result from mistakes, omissions, interruptions, deletions of files, errors, defects, delays in transmission or operation or any failure of performance, even if advised of the possibility of such damages.
15. Suspension of Services
The Company may suspend the provision of the Services without any notice to the user, if:
a) the User is in breach of any of the terms of this Agreement; or
b) the Company has reasonable grounds to believe that the User is involved in activity that may constitute a criminal offence or is misusing the Services; or
c) a third party service provider or the Authority notifies (or informs) the Company that the User’s use of the Services is in breach of the terms of the Contract or the Guidelines;
d) the Company needs to carry out any unscheduled maintenance work; or
e) there is an Unforeseen Event beyond the Company’s reasonable Control.
16. Liability
16.1 Neither party will be liable to the other in connection or under these terms, for any consequential or indirect loss, loss of business, loss of profits, loss of revenue, reputation or regulatory fines. Nothing in the terms limit warranty, exclusion or liability limitation allowed by statue.
16.2 In no event shall hairtapp.com be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.
17. Governing Law and Jurisdiction
17.1 These terms and conditions and the services performed by hairtapp.com are bound by the laws of England and Wales. Any interpretation of and dispute arising from these terms or any work performed hereunder will be subject to the exclusive jurisdiction of English courts.
18. Dispute procedure
18.1 Disputes arising hereunder will be by first resort resolved by negotiations between the parties. If a solution is not reached within 14 days of the dispute arising, the dispute will be referred to our dispute resolution center (hyperlink) for resolution by a final and binding decision.
19. Intellectual property
19.1 We are the owner or licensee of all intellectual property rights in our site and the material published on it. These rights are protected by copyright laws and treaties and therefore reserved.
19.2 Use of this site and any or all of the services provided by hairtapp.com does not constitute any allowance to use any intellectual property on this site or within any service for your own purpose. You are allowed a non-transferable and non-exclusive right to use the website in the way it was designed to be used only. Automated programs are not allowed, such as web-crawling or other technique.
20. Privacy Policy
20.1 Please refer to the privacy and cookie policy for more details on how we may collect and use your data.
21. Indemnity
21.1 The parties hereby agrees to indemnify and hold each other harmless at all times from any loss, claim, prejudice, damage, costs, taxes, duties, penalties, interest thereon or expenses of any kind, including reasonable attorney’s fees and legal cost either party may be subjected by virtue of a breach of the representations and warranties or any covenant in this Agreement by the other.
22. Limitation of Liability
The Company shall have no liability if the alleged infringement is based on: a modification of the Services by anyone other than the Company; the Client’s use of the Services in a manner contrary to the instructions given to the Client by the Company; or the Client’s use of the Services after notice of the alleged or actual infringement from the Company or any appropriate authority.
23. Force Majeure
Neither Party to this Agreement will be liable for breach of this Agreement to the extent caused by or arising from any Force Majeure Event. If a delay or failure to perform a party’s obligation due to a Force Majeure Event exceeds 30 days the other party may immediately terminate this Agreement on notice to other party. A party does not breach this Agreement & is not liable to the other party for a delay or for failure to perform an obligation (except an obligation to pay money due under this Agreement) resulting from a Force Majeure Event.