Terms and Conditions Client - SOS Beauty - Mobile Application - Connecting Customers to Beauty Businesses

Welcome to SOS BEAUTY! The App that connects qualified beauty industry professionals with clients who need their services.

Please read these Terms and Conditions (“Terms”) carefully as they govern Your use of the SOS BEAUTY mobile application (“App”) and any other services made available through the App.

By using the App you agree to be bound by these Terms thus creating a binding contractual agreement between You, the user (“You”/ “Your”/ the “User”) and Faye Denise Harding trading as a sole trader under the business name SOS APP Solutions (“SOS BEAUTY” / “Us”/ “We”)

1. Eligibility

a. Parties can use this App in one of two ways, either to offer their services (“Technician”) or to find someone offering the services they are after (“Client”)(both “Subscribers”)

b. This App is not intended for use by any person under the age of 18 or by any person who has previously been suspended or prohibited from using the App.

c. By using the App You represent and warrant that you are over the age of 18.

d. Please do not access this App if you are under the age of 18 or have previously been suspended or prohibited from using this App.

2. Accounts

a. In order to use the App You must first register and create an Account.

i. As part of the registration process You will be required to provide certain personal information, including but not limited to: Your name, Your email address, Your mobile number and Your physical address.

b. You warrant that any information you give to Usin the course of completing the account registration process will always be accurate, honest, correct and up to date

c. We reserve the right, in Our absolute discretion, to suspend or cancel Your Account or otherwise prohibit You from using the App for any reason, including but not limited to any failure by You to comply with these Terms.

3. Verification

a. Technicians who are registered on the App may choose to be verified by providing Us with copies of their documents, including: current insurance and driving license (“Verified Technicians”).

b. Save for confirming that We have had sight of apparently valid documents during the registration process, We do not in any way confirm the authenticity of any documents provided by a Technician nor in any way endorse or recommend Verified Technicians.

c. We do not provide ongoing verification in respect of the validity and currency of the documents sighted.

d. To the extent permitted by law, We disclaim all warranties that Verification will be accurate and make no guarantee that Verification will ensure You contract with a suitable Technician.

e. It remains Your responsibility to confirm the suitability of any Technician You use and You should therefore make Your own inquiries as to Technicians’ identities, qualifications, licences and clearances before engaging in contracts with them.

4. Engagement

a. When You want to engage a Technician for a treatment You will submit a request via our App specifying the service You are looking for, when You would like to book for and how far You are prepared to travel (“Request”) and Our algorithms then match You with Technicians offering the treatment You have requested.

b. If a Technician is available they may choose to submit a Quote.

c. All Quotes will appear on your homepage as soon as they are submitted by a Technician. This will also enable You to view their profile, see their rating and any photos of their work which they have made available.

d. Once You decide on a Technician You wish to engage, You will be able to accept their Quote and will be prompted to make payment. This will then also automatically remove all other Quotes from Your homepage.

e. The order in which Quotes appear on your homepage is based purely on the order in which the Quotes were submitted by the Technicians who respond, without any priority, ranking or recommendation from Us.

f. While requesting a treatment, You may have an opportunity to leave a note for prospective Technicians who are notified of Your Request or to upload photos. It is against the rules for using Our App and a violation of these Terms for You to provide any contact details in this note and will result in those details being shared with every Technician who is matched to Your Request.

i. To the fullest extent permitted by law, We accept no liability for any unlawful use of any of Your information which You provided in the note or for any consequences that might flow from that, including but not limited to any loss or damages which You suffer as a result. We also advise You that this may result in You receiving spam messages or could possibly even result in theft of Your identity.

g. In the event that You do include contact details in this note then, we may, at or sole discretion, chose to suspend Your account or otherwise prohibit You from using Our App.

h. Once a Client engages a Technician and makes payment, both parties will be given the appropriate contact information.

5. Paying for Treatments

a. When You accept a Quote You will be directed to make payment in order to be able to confirm Your booking.

b. All payments are held in escrow until after Your treatment has been done.

c. If You give the Technician a 3, 4 or 5 star rating or do not raise any concerns or make any complaints within 72 hours, the Technician is then paid.

d. If on the other hand You are not satisfied with Your treatment and give the Technician 1 or 2 start rating or You make a complaint within 72 hours, payment will be withheld until we have been able to investigate; this may take up to 14 days.

6. Star Ratings and Favouriting

a. Both Clients and Technicians can give ratings.

b. As ratings are used by other Clients and Technicians when they consider whether to Quote for or accept a Quote for a treatment, as the case may be, We ask that You are considerate towards each other.

c. 3, 4 or 5 star ratings are posted to a party’s profile immediately.

d. 1 or 2 star ratings are moderated by a member of Our team first. This is in the interests of fairness and for the good of all Users of our App.

e. Any clearly malicious 1 or 2 star ratings or those that appear to be anti-competitive as well as any offensive or abusive comments will not be posted.

f. As a Client You will also be able to Favourite a Technician by clicking the heart button.

i. If You favourite a Technician You will have the option to request treatments from them directly in future.

7. Refunds

a. If You are not entirely satisfied with Your treatment (You leave a 1 or 2 star review) or You suffer any injury or harm as a result thereof, You may be entitled to a refund.

b. Refunds are not automatic and every request for a refund is reviewed on a case-by-case basis by a member of Our Team.

i. Please allow 14 days for us to complete Our investigations and make a final determination on Your request for a refund.

ii. If You delay in providing evidence when requested, then We may be delayed and / or prevented from completing Our investigations and Your refund may take more than 14 days to process or may be denied.

c. We, at our sole discretion, will determine if You qualify for a refund and how much of a refund You qualify for and Our decision is final.

d. In determining whether, or not You qualify for a refund We will request evidence from both You and the Technician.

e. If You fail to provide the evidence requested within a reasonable time We will take this as an indication that You have changed Your mind and Your request for a refund will be closed without further action.

8. Claims for Injury

a. There is always a chance that You may suffer and adverse effect to a treatment even though the Technician has taken all reasonable steps to prevent this.

b. In such event, You may be entitled to a partial or full refund of the fee paid for the treatment, which refund will be determined at our sole discretion.

c. In the unlikely event that You suffer an extreme adverse effect and need to claim for injury, such claim would fall under the insurance of the individual Technician who gave You the treatment.

d. To the fullest extent permitted by law, We accept no liability for any injury or damage which You suffer by engaging a Technician through Our App.

9. Cancellations

a. If a Therapist cancels an appointment, We will waive our fee and the Client will automatically be refunded 100% of their payment. The Therapist will be out of pocket for any products which they may have already purchased for the treatment.

b. If a Client cancels an appointment more than 4 hours before their scheduled appointment they will be refunded 50% of their payment.

i. We retain 50% of the payment from which we keep our 20% fee and the balance is paid to the Therapist to compensate the Therapist for any outlay they have already made for products for the treatment and for the fact that they may struggle to find another client.

c. If a Client cancels an appointment with less than 4 hours notice they will not be refunded and will forfeit 100% of their payment. We will take our 20% fee and the balance will be paid to the Technician.

d. We will monitor Your behaviour in cancelling appointments and reserve the right to suspend Your Account or otherwise prohibit You from using Our App for any period of time We, in our sole discretion, deem appropriate if You are habitually cancelling appointments.

10. Partners Page

a. On the Partners Page of the App, You will from time to time have access to deals which may be made available to Our Subscribers from certain affiliates.

b. When You click on any of these deals You will be linked through to the site of the affiliate who has made the deal available.

c. Use of Our affiliate’s site is governed by their own terms and conditions of use and any conditions of the deal are determined by the affiliate.

d. By availing Yourself of a deal, You are entering into a separate agreement with the affiliate making the deal available.

e. Save for making the deal known to Our Subscribers, We make no warranties or representations about the ongoing availability of the deal or the terms and conditions linked to it.

f. Making a deal known to Our Subscribers on the Partners Page does not amount to a recommendation or endorsement of the affiliate or the product by Us and we accept no liability for any loss or damage which You may suffer by availing Yourself of the deal.

11. Binding Contract

a. You acknowledge and agree that if Your accept a Technicians Quote and make payment this constitutes Your acceptance of their offer and signals Your intention to enter into a binding agreement with the Technician and a contract is formed between You and the Technician.

b. Any terms and conditions relating to treatment booked via the App are solely between Subscribers and do not involve SOS APP Solutions as a company, in any way, except that they must not be inconsistent with Your obligations under these Terms.

12. User Obligations

a. As a Subscriber, You agree:

i. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other Subscriber;

ii. not to share Your Account with any other person and that any use of Your Account by any other person is strictly prohibited;

iii. not to act in any way that may harm the reputation of SOS APP Solutions or associated or interested parties or do anything at all contrary to the interests of SOS APP Solutions or the SOS Beauty App;

iv. You must not attempt to circumvent the App by attempting to or communicating directly with another Subscriber;

v. You must not make any automated use of the Platform and You must not copy, reproduce, translate, adapt, vary or modify the App without Our express written consent;

13. Availability of the App

a. This App is provided on an “As Is” and “As Available” basis with all faults and defect and without warranty of any kind and We accept no liability for any disruption or non-availability of the App at any time and in any geographical location for any duration.

b. The App is available to download onto Your device from the Apple App Store or Google Play store and by downloading the App You agree:

i. to be bound by the terms and conditions of either the Apple App Store or Google Playstore, as the case may be, relating to downloading of apps;

ii. that from time to time, updates to the App may be issued through either the Apple App Store or Google Playstore, as the case may be, and depending on the update, You may not be able to use the App until You have downloaded the latest version of the App and accepted any new terms;

iii. You accept all responsibility for the safety and security of any devices onto which You download and use the App from.

c. We make no guarantee that the App will be available at all times and in all territories

d. We make no guarantee that the App will operate effectively on any device used by You to access the App.

e. We reserve the right to suspend, withdraw, discontinue or change the App or any part thereof at any time and without prior notice You.

14. Limited License

a. You are granted a non-exclusive, non-transferable, royalty free license to use the App but nothing in these Terms shall be deemed to convey to You any rights, title or ownership interests in and to the App or any content made available to You through the App.

b. You may not use, copy, modify or transfer the App (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this licence.

c. By using the App, You consent to Us collecting and using technical information, and data, about the devices used to access the App and any related software to improve Our products and to provide any Services to You.

15. Affiliate Content

a. The App may contain text, images, data and other content pertaining to Offers provided by an affiliate and displayed on the App (“Affiliate Content”). We accept no responsibility for the Affiliate Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of the Affiliate Content.

16. Collection Notice and Privacy

a. We collect personal information about You in order to enable You to access and use Our App, to provide You with the Services, to verify Your personal information, to contact and communicate with You and to respond to Your enquiries and for other purposes set out in Our Privacy Policy.

b. Our Privacy Policy contains more information about how We use, disclose and store Your personal information and details how You can access and correct Your personal information.

c. You agree to be bound by the clauses outlined in Our Privacy Policy, which can be accessed here www.sosbeauty.co.uk/privacy-policy

17. Intellectual Property

a. SOS APP Solutions trading as SOS Beauty retains ownership of all materials developed or provided (or both, as the case may be) in connection with the App (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (“App Content”) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to You.

18. Confidentiality

a. You agree that:

i. no information owned by Us, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and

ii. all communications involving the details of other Subscribers on this App are confidential, and must be kept as such by You and must not be distributed nor disclosed to any third party without the prior written consent of SOS BEAUTY.

19. No Implied Warranty

a. You acknowledge that, in accepting these Terms, You have not relied on any representations, warranties or other provisions except as expressly provided for in these Terms and any condition, warranty or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.

20. No Liability

a. To the maximum extent permitted by applicable, SOS BEAUTY accepts no liability under or in connection with these Terms, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, except in the case of death or personal injury caused by SOS BEAUTY’s negligence.

b. To the maximum extent permitted by law, under no circumstances will SOS BEAUTY be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the App, these Terms or their subject matter, or any Treatments provided by any Therapist.

21. Waiver

a. Except as provided for in these Terms, no failure by SOS BEAUTY to exercise a right or to require You to perform an obligation under these Terms shall amount to a waiver affecting Our ability to exercise such right or require such performance at any time thereafter.

b. No indulgence for any breach of these Terms shall amount to a waiver of any continuing or subsequent breach of these Terms

22. Severance

a. Any term herein which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.

23. Joint And Several Liability

a. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

24. Relationship

a. SOS BEAUTY is not an employment agency and all Technicians offering Treatments on the App do so as independent, self-employed persons and not as employees of SOS BEAUTY.

25. Third Party Rights

a. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and use of the App and no third party will have any right to enforce or rely on any provision of these Terms.

26. Assignment

a. You cannot assign, novate or otherwise transfer any of Your rights or obligations under these Terms without the prior written consent of SOS BEAUTY.

27. Complaints And Grievances

a. If You have any complains or concerns with regards to the content of the App or comment on any breach of these Terms or any Intellectual Property right of any Subscriber You should immediately inform Us using the details below: Email: admin@sosbeauty.co.uk

28. Changes To These Terms

a. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time and any such change shall be effective upon publication of the updated Terms on the App.

b. If a change is material We will send you a notification (if we have your email address) about any material amendments to these Terms that may be of importance to You but You remain responsible for regularly reviewing these Terms.

c. By continuing to access or use the App after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the App.

29. Entire Agreement

a. These Terms and Our privacy policy embody the entire agreement between Us and You and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to Your use of the App.

30. Governing Law And Jurisdiction

a. These Terms are governed by the laws of England and Wales without regard to principals of conflicts of laws.

b. You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales in respect of any proceedings arising out of or in connection with these Terms or Your use of Our App.

31. Definitions and Interpretation

a. (singular and plural) words in the singular includes the plural (and vice versa);

b. (gender) words indicating a gender includes the corresponding words of any other gender;

c. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

d. (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

e. (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

f. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

g. (headings) headings and words in bold type are for convenience only and do not affect interpretation;

h. (includes) the word "includes" and similar words in any form is not a word of limitation; and

i. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

j. (Intellectual Property Rights) means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in the United Kingdom and throughout the world.

Deleting Your Account

You can delete your account from the SOS Beauty App by following these steps:

Go to Menu → Settings → Delete Account.