Terms and Conditions
Last modified: November 2014
These Prettly user terms (the "User Terms") are entered into between PRETTLY LTD (company number: 8800294) with its registered office address at 145-157, St John Street, London, EC1V 4PW, UK ("we, us, our, Prettly") and You that accepts these User Terms online ("Prettly user, user, you, your"). These Terms come into effect on the day they are electronically accepted by the User (the "Effective Date"). You cannot book Beauty Services from Beauty Professionals (each term as defined below) if you have not clicked and accepted the User Terms.
PRETTLY DOES NOT PROVIDE BEAUTY SERVICES, AND PRETTLY IS NOT A BEAUTY SERVICE PROVIDER. IT IS UP TO THE THIRD PARTY PROFESSIONALS (PRETTLY BEAUTY PROFESSIONALS) TO OFFER BEAUTY SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SOFTWARE OR SERVICE. PRETTLY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY BEAUTY SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE BEAUTY SERVICES OR ACT IN ANY WAY AS A BEAUTY SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY BEAUTY SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES
1. Definitions and Interpretations
1.1 The definitions and rules of interpretation in this clause apply in these User Terms.
"Acceptance/Accept" is when a Prettly User accepts Beauty Service provided by a Beauty Professional on the List.
"Beauty Services" means the beauty services: (i) ordered by a Prettly User via the Prettly Site; and (ii) provided to the Prettly User by the Beauty Professional at such location as mutually agreed between the Prettly User and the Beauty Professional.
"Beauty Service Price" means the price published on the Prettly Site paid by a Prettly User on the Prettly Site for a Beauty Service.
"Booking Confirmation" means the email/sms/system notifications generated by the Prettly Site and sent to the Prettly User and Beauty Professional containing the booking information.
"Content" means all content featured or displayed on the Prettly Site including, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software, opinion, remarks, comments, artwork, links, questions, suggestions, all user generated content and information or other materials.
"Data Protection Laws" means the Data Protection Act 1998 implementing the Directive 95/46/EC on the protection of individuals with regard to the processing of personal data, the Privacy and Electronic Communications (EC Directive) Regulations 2003 implementing Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications (or as applicable any similar legislation in any jurisdiction implementing Directive 95/46/EC, Directive 202/58/EC or similar or analogous legislation) as may be amended, modified or replaced from time to time, and including all related codes of practice.
"Event of Force Majeure" means any event that is outside one's control and prevents the Beauty Professional from being able to provide a Beauty Service in accordance with a Booking Confirmation including, illness, strikes or other events affecting transportation.
"List" is as defined in clause 4.3 below.
"Matching/Match" occurs when the request for Beauty Services made by a Prettly User via the Prettly Site matches the Beauty Services made available by a Beauty Professional on the Prettly Site.
"Beauty Professional(s)" means any qualified Beauty Professional / beauty service provider (including the Beauty Professional) which is registered on the Prettly Site to provide Beauty Services to Prettly Users.
"Prettly Fee" means such % amount deducted by Prettly from the Beauty Service Price in consideration for Prettly operating the Prettly Site which % amount: (i) differs depending on the type of Beauty Service provided; and (ii) is set out at the following URL: [INSERT] (or such other URL as Prettly may provide from time to time.
"Prettly Site" means the website located at www.prettly.com (or such other URL as Prettly may provide from time to time.)
"Prettly User" means an end user [registered on the Prettly Site], who orders Beauty Services via the Prettly Site.
"Registration" means the creation by a User or Beauty Professional of an account on the Prettly Site in accordance with these User Terms, which remains active, valid and current.
"Request" is when a Prettly User requests Beauty Services from one of the Beauty Professionals on the List.
1.2 Where the words include(s), including or in particular are used in these User Terms, they are deemed to have the words without limitation following them.
2. The Prettly Site is Only a Venue
2.1 Prettly operates the Prettly Site, which is a platform enabling a Prettly User to purchase Beauty Services from a Beauty Professional. You understand and agree that Prettly is not a beauty service provider. It does not provide any Beauty Services nor does it employ any of the Beauty Professionals. It is up to the third-party beauty service providers (the Beauty Professionals) to offer such services, which may be scheduled through the use of the software or site. Prettly offers information and a method to obtain such third party beauty services, but does not intend to provide beauty services or act in any way as a beauty service provider, and has no responsibility or liability for any such services provided to you by such third parties. Prettly interviews and vets the beauty professionals in person, however does not guarantee or warrant, and makes no representations regarding the reliability, quality or suitability of such beauty professionals. When interacting with a beauty professional 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. By using the Service you agree to hold Prettly free from the responsibility of any liability or damage that might arise out of the transaction involved. NEITHER PRETTLY NOR ITS AFFILIATES OR LICENSORS IS RESPOSNSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. THE COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
2.2 Prettly is solely the operator of the Prettly Site and only provides certain limited facilitation services of an independent nature in the manner detailed in these User Terms. You understand and agree that any contractual relationship regarding any Beauty Service provided is solely between you and the relevant beauty professional.
2.3 You, the User, are solely responsible for the Beauty Services you book and receive by the Beauty Professional(s).
3. Registration is mandatory
3.1 To request and or book a Beauty Service via the Prettly Site, you must have a valid Account. You can only have one Account registration.
3.2 For your account you must accurately and truthfully complete all the required details, which may include full name, birth date, email address, phone number (including mobile phone number) and postal address.
3.3 By registering for a Prettly Account, you:
(a) represent that you have full legal capacity to perform legal acts and that all the information you provide is valid, true, correct, complete and not misleading; and
3.4 Once the Registration process is completed, we will, subject to clause 3.7 below, send you an email confirming your successful Registration and we will allocate you an account with the Prettly Site which will be password protected.
3.5 You are solely responsible for protecting your password and keeping it and access to your account and your account details secure and strictly confidential. You must immediately notify Prettly in the event of any loss, unauthorised use or any other breach of security regarding your password and/or your account. You expressly acknowledge and agree that you are solely responsible for any damage, loss or other harm suffered as a result of any loss, unauthorised use of or any other breach of security in relation to the password or account details and access. Prettly accepts no responsibility whatsoever for any access to your password or account which do not result from Prettly's acts or omissions. You are solely and fully responsible for all activities that occur under your password or account, even if not authorised by you.
3.6 You agree to keep all the information you provide to Prettly complete and accurate by promptly and continuously updating your account details as and when any of your information changes.
3.7 Prettly reserves the right, at any time at its sole discretion, to decline any Registration or to cancel with immediate effect your account with the Prettly Site and invalidate your Registration. In particular, we may cancel your account if:
(a) you breach these User Terms;
(b) the information you provide is untrue, incomplete or misleading;
(c) you use the Prettly Site in a way which we consider inappropriate or detrimental; or
(d) we receive one or more complaints about you from Prettly Users or Beauty Service Providers.
4. How the Prettly Site Works
4.1 Following successful Registration, you may start using the Prettly Site to request and book Beauty Services available to Prettly Users by the Beauty Professionals on the Site by following the instructions on the Prettly Site. For the avoidance of doubt, if you do not comply with clause 3.2 (a), (b) and (c), Prettly will not allow your Registration.
4.2 The Prettly Site enables you to select (amongst other things): (i) the type of Beauty Services you wish to book; (ii) the days and times you choose to book; and (iii) the specific location you request your bookings in.
4.3 When Prettly receives a request for Beauty Services from a Prettly User, Prettly provides the Prettly User with a list of Matching Beauty Professionals (the "List"). The List will include the name of the Beauty Professionals, a description of the Beauty Services offered and Prettly Users' service rating. Your profile will only be on the List if there is a Match. The Beauty Services on the List consist of offers from Beauty Professionals which are accepted by Prettly Users in accordance with these User Terms.
4.4 The Prettly User decides in its sole discretion which Beauty Professional on the List it wishes to Accept. To Accept the Beauty Professional on the List, the Prettly User will be asked to pay the Beauty Service Price via the Prettly Site.
4.5 You can cancel a Booking Confirmation up to 4 hours before the time of your booking without a cancellation fee. In this event, you shall receive a full refund. Should you cancel 3 hours or less before your booking time you will be charged the full beauty service price and will not be eligible for a refund.
4.6 If you, the Prettly User, reasonably claim that you have not received the complete Beauty Service described in the Booking Confirmation or are otherwise unsatisfied (a "Dispute"), Prettly may, but has no obligation, to arbitrate the Dispute to achieve a resolution. All Disputes must be resolved between you and the Beauty Professional. Prettly also reserves the right to provide you, the Prettly User, with a full or part refund of the Beauty Service Price or credit such amount to your account (a "Refund"); and (ii) Prettly will offset the Refund against any amounts Prettly owes to the Beauty Professional.
5. Beauty Services Price, Prettly Fee and Payment
5.1 The use of the Prettly Site is free of charge. Prettly reserves the right to introduce a fee for Registration on the Prettly Site. If Prettly decides to introduce such a fee, Prettly shall provide you with reasonable notice. You can of course opt to cease using the Prettly Site if you do not wish to pay such fee.
5.2 You understand and agree that the Beauty Service will be purchased via the Prettly Site, acting as an agent and that Prettly is not a Beauty Service Provider.
5.3 The rates that apply to the Beauty Services provided by the Beauty Professionals can be found on the Prettly site. These may be modified or updated by Prettly from time to time. It is your own responsibility to remain informed about the current rates of Beauty Services.
5.4 You understand that Prettly shall charge you for the Beauty Services provided by the Beauty Professionals using the Prettly site, on behalf of those Beauty Professionals.
6. Cancelation Policy
The website requires 4 hours notice for cancellations or booking changes without charge. Cancellations within 4 hours of the booking time will be charged the full fee. Appointment locations cannot be changed without advanced notice and confirmation that is 4 hours in advance of the booking time.
7. Do'S and Don'ts
7.1 You will:
(a) not authorise any person or entity to use your account;
(b) not assign or otherwise transfer your account to any other person or legal entity;
(c) not use the Prettly Site for unlawful purposes or to cause nuisance, annoyance or inconvenience;
(d) not try to harm or harm the Prettly Site, the Prettly Users and/or any Beauty Professionals in any way whatsoever;
(e) not copy or use in any way whatsoever any Content, data or information on the Prettly Site without written permission from Prettly or to provide a competing service;
(f) keep secure and confidential your account password or any identification we provide you which allows access to and use of the Prettly Site;
(g) provide us with whatever proof of identity and any other information we may reasonably request;
(h) comply with all applicable laws and regulations;
(i) not solicit, advertise for, or contact in any way or form whatsoever any Beauty Professional for any purpose other the provision of Beauty Services to Prettly Users via the Prettly Site. For the avoidance of doubt this means that you cannot solicit any Beauty Professional to work with or for you;
(j) not attempt to request or book any services from Prettly Beauty Professionals directly without going through the Prettly Site.
7.2 Prettly reserves the right to immediately terminate your access to and use of the Prettly Site if you breach any provision of clause 7.1.
8. Term and Termination
8.1 These User Terms shall commence on the Effective Date. Prettly may terminate these User Terms at any time by giving you 5 days notice or immediately if Prettly receives any Prettly User / Beauty Professional complaints.
8.2 You can terminate these User Terms at any time by deleting your account.
8.3 In the event of termination of these User Terms you shall no longer have access to the Prettly Site and you shall cease to request or book Beauty Services from Prettly Beauty Professionals.
You agree that you shall defend, indemnify (on a full indemnity basis) and hold Prettly, its affiliates, officers, directors, other users, employees and successors harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with: (a) your breach of any term of these User Terms or any applicable law or regulation (including Data Protection Laws), whether or not referenced in these User Terms; (b) your violation of any rights of any third party, including the rights of any Beauty Professionals or Prettly Users; and/or (c) your use or misuse of Prettly Site.
10. Limitation of Liability
10.1 Neither party excludes nor limits its liability for: (a) death or personal injury caused by its negligence or the negligence of its employees or agents; (b) breach of any obligations of confidentiality; or (c) fraudulent misrepresentation even if any term of these User Terms would otherwise suggest that this might be the case.
10.2 Other than for breaches of clauses 6 and 7, neither party shall be liable (whether for breach of contract, negligence or for any other reason) for any: (a) loss of profits, (b) loss of goodwill, (c) loss of contracts or customers; or (d) any indirect, consequential or special loss.
10.3 Subject to clauses 10.1 and 10.2, each party's total aggregate liability under these User Terms shall be limited to 125% of the amount paid or payable by Prettly to you pursuant to these Beauty Professional Terms in the 6 months period immediately preceding the event giving rise to a claim.
10.4 Prettly does not guarantee that the Prettly Site will be uninterrupted or free of errors, defects, malware and viruses.
11. Other Important Terms
11.1 No variation of these User Terms shall be valid unless it is in writing accepted by or on behalf of each of the parties. Prettly reserves the right to provide notices via the Prettly Site.
11.2 A waiver of any right under these User Terms is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under these User Terms or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise.
11.3 If any provision of these User Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these User Terms, and the validity and enforceability of the other provisions of these User Terms shall not be affected.
11.4 These User Terms constitute the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter. Each party acknowledges that, in entering into these User Terms, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract), as expressly provided in these User Terms.
11.5 Subject to 11.1, all notices must be in English, in writing, addressed to the other party's primary contact and sent to their then current postal address or email address or other address as either party has notified the other in accordance with this clause. All notices shall be deemed to have been given on receipt as verified by written or automated receipt or electronic log (as applicable).
11.6 Prettly may sub-contract or assign or transfer any of its obligations or rights under these User Terms in whole or in part at its sole discretion. You may not assign or transfer any of your rights or obligations under these User Terms in whole or in part.
11.7 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.
11.8 Neither party shall be liable for failing nor 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.
11.9 Nothing in these User Terms shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to this Agreement.
11.10 These User Terms shall be governed by and construed in accordance with 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 this Agreement.