Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING SOLOSALON
What's in these terms?
These terms tell you the rules for visitors to our website, solosalonapp.com (our site).
Who we are and how to contact us
We are Solosalon Ltd. We are a company registered in England and Wales under company number 11185244. Registered Trade Mark Solosalon ® , whose registered office is at Flat 4 Block A Peabody Estate, Camberwell Green, London, United Kingdom, SE5 7BD. These are terms applicable to you in relation to the Solosalon website at www.solosalonapp.com.
.By using our site you accept these terms
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
If you choose to register to use our app, separate terms will apply.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
Which country's laws apply to any disputes?
As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
Our trade marks
"Solosalon" and the Solosalon logo are TradeMarks of Solosalon Ltd. You are not permitted to use them without our approval.
Customer App Terms Solosalon
1. Status of These Terms
b. You agree that you are a private individual at least 18 years old and are present in the United Kingdom at the time you use the Service. Use of the Service by anyone under the age of 18, or outside the UK, is prohibited.
c. You can access these terms at any time at http://solosalonapp.com/index.php and in the App. We reserve the right to update these terms from time to time by posting the updated version at that URL and in the App. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using the Service.
d. Your attention is in particular drawn to the way that we limit our liability to you under section 3.c and section 13 below.
e. The hair and beauty services in respect of which details are listed on the Service are promoted and provided by the relevant Service Provider you book products and services with. Not by us. Our role and responsibility is limited to listing details of professionals, and arranging bookings on behalf of our Service Provider partners. Solosalon cannot be responsible for late arrival or cancellation by a Service Provider, or for the quality of care they provide.
a. For ease of reference the following terms shall having the following meanings in these
b. "Booking" means a contract for the provision of products or services entered into between you and the Service Provider by means of the Service;
c. "Service Provider Listing" means a listing in the Service setting out a description of the Service Provider, the price for the hair and beauty services, and any Service Provider Terms and Conditions.
d. "Service Provider" means a hair and beauty service provider, independent of Solosalon, which promotes its products and services via the Service;
e. "Service Provider Terms and Conditions" means any Service Provider terms and conditions and/or terms of business highlighted in the Service Provider Listing;
f. "you" and "your" means you, any person who browses or uses the Service.
3. Solosalon is not a hair and beauty products or services provider.
a. The Service aims to connect you with Service Providers. We also perform checks to establish that Service Providers hold professional indemnity insurance.
b. The Service is designed to enable users to make a Booking with a Service Provider. Bookings are made for products and services by the Service Provider, and not by us. Solosalon is responsible only for listing Service Provider Listings and scheduling appointments on behalf of the Service Provider. The content of the Service Provider Listing on the Service, is entirely the responsibility of the Service Provider.
c. All Service Provider Listings on the Service are listed by Solosalon on behalf of Service Providers. As a result, we are not (and cannot reasonably be) responsible or liable to you for anything in relation to the promotion of the Service Provider or their products and services on the Service.
d. While Service Providers may possess their own profiles on the Service, we do not represent, endorse or recommend any Service Provider, the quality of their work or the value and quality of their advice and service.
e. The Service Providers on the Service are not our employees. We are not a provider of hair and beauty services. We have no involvement in your hair or beauty appointment or any products you may buy on the Service.
f. You should consult with your usual general medical practitioner before seeking any new beauty treatment.
a. We require our Service Providers to ensure that all information provided by them in a Service Provider Listing is accurate, complete and not misleading in any way. But given the large number of Service Provider Listings, we cannot verify the information which they provide to us. It is the Service Provider's responsibility to ensure that the products and services as set out in the Service Provider Listing is available and accurately described. We are not therefore responsible for any inaccuracies in the Service Provider Listing.
c. It is your sole responsibility to check with a Service Provider as to any medical or health-related conditions which might affect you or anyone else receiving the products or services you buy (for example without limitation, allergy information and health issues).
d. Bookings may be subject to Service Provider Terms and Conditions. Please check the Service Provider Listing for any such Service Provider Terms and Conditions.
a. Please take care to review the cancellation policy of the Service Provider. We oblige them to notify you of this in their Service Provider Listing.
6. Payment for products or services.
a. Charges listed for products or services include VAT where applicable unless it is stated otherwise in the Service Provider Listing.
b. When you agree a Booking with a Service Provider, you have created a binding contract with the Service Provider for delivery of the Booking in exchange for payment of the agreed charges.
7. Use of the Service.
a. Whilst you are in compliance with these terms (including the Acceptable Use Policy below), we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use the Service (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use the Service for anything else.
b. You are responsible for the internet connection and/or mobile charges that you may incur for using the Service. You must ask your internet access provider or mobile operator if you don’t know what these charges will be, before you use the Service.
c. We have the right to suspend, withdraw or modify the Service (in whole or in part) without liability to you in the following circumstances: for technical reasons (such as maintenance, or technical difficulties experienced by us or on the internet); to allow us to improve the usability of functionality of the Service; where we have legal reasons for doing so (including privacy or other legal objections to the content or functionality of the Service); because it is no longer economically viable or efficient to provide the Service.
8. Solosalon Rewards
a. We may make available to you Solosalon Rewards ("Rewards") when you make a booking for an appointment on the Service, or you introduce a friend who registers for the Service. Rewards are not transferable to any other person. They are not redeemable for cash and have no cash or monetary value. They can only be redeemed to obtain a discount against bookings made by means of the Service.
b. Rewards are purely promotional in nature, are only for users of the Service, and only part of the Service through the Solosalon app. They do not constitute a property right or interest or confer any such right or interest to you. Rewards may be redeemed immediately or accrued over time, for the entire duration of the period we operate the Rewards scheme.
c. We may suspend, terminate or modify the Rewards program at any time. The value of the Rewards is as specified on our website.
d. We reserve the right to void the membership and/or redemption privileges of any person(s) who have fraudulently or wrongfully earned Rewards or have breached these terms of service.
a. If you set up a user account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to "log in details" or "account" include your log in details and account for Facebook, Twitter or any social network or platform that you may allow the Service to interact with.
b. If you fail to keep your login details confidential, or if you deliberately or unintentionally share your login details or account with someone else, you accept full responsibility for the consequences of this and agree to fully compensate us for any losses or harm that may result.
c. We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using the Service and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
d. If you notice an unauthorised use or breach of your user account, you must notify us immediately at email@example.com.
10. DISCLAIMER - No control over Service Provider Listings, No Warranty regarding the Service
a. We do not create the content of any Service Provider Listings in the Service. The Service Provider Listing is not produced by or for us, nor comprehensively verified by us. Therefore we do not guarantee the accuracy, integrity or quality of that Service Provider Listing. Under no circumstances will we be liable in any way for any Service Provider Listing, including, but not limited to, any errors or omissions in any Service Provider Listing, or any losses or harm of any kind resulting from the use of any Service Provider Listing made available via the Service.
b. The Service is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we disclaim any and all warranties, express or implied, including implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement of proprietary rights, and any other warranty, condition, guarantee or representation. You acknowledge that we cannot reasonably guarantee, and do not guarantee, that the Service will always work properly.
11. Your conduct in relation to the Service
a. You must comply with all laws applicable in the UK or any other location that you access the Service from. If any laws applicable to you restrict or prohibit you from using the Service, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Service.
b. You must at all times abide by Solosalon’s [link - Acceptable Use Policy].
12 Your breach of these termsa.
a. We reserve the right to suspend or terminate your access to the Service (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Any significant breach, including any breach of section 11, is likely to be considered a material breach.
b. You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
13. LIMITATION OF LIABILITY - IMPORTANT – PLEASE READ CAREFULLY
a. We accept liability for death or personal injury resulting from our negligence or that of our employees or agents (which does not include any Service Provider), and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
b. We only supply the Service for your own individual domestic and private use. You agree not to use the Service in the course of any business, or for any commercial, business or re-sale purpose. We therefore have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
c. We are not responsible for:
i. Any losses in relation to your receiving or not receiving the products or services in any Booking;
ii. losses or harm not caused by our breach of these terms or negligence; or
iii. losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, mobile device failure or financial loss; or
iv. technical failures or the lack of availability of the Service, and/or social media channels linked to the Service.
d. We will provide the Service with the same skill and care as providers of other similar services, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of the Service is to discontinue your use of that Service and we are not responsible or liable for any interruptions or errors that you may experience while using the Service.
e. Subject to sub-section a above, our total aggregate liability to you in respect of any loss or damage suffered by you which arises out of your use (any other person’s use on your behalf) of the Service or our services shall not exceed £100.
14. Intellectual property
a. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Service (other than the content of Service Provider Listings, which remain the property of the Service Provider) are owned by us or licensed to us by our partners.
b. You must not copy, distribute, make available to the public or create any derivative work from the Service or any part of the Service unless we have first agreed to this in writing. You must not use any Solosalon trade marks (including ‘Solosalon’ and the Solosalon logo), or other intellectual property rights in and relating to the Service without our prior written consent.
c. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
d. 'Solosalon' and the Solosalon logo are trade marks owned by us. No licence to use them is granted under these terms.
15. Legal or Complaint Notices:
If you have a complaint regarding any Service Provider Listing, you may notify us by emailing us at firstname.lastname@example.org with the following information: name; street address; email address; full details of your complaint and the Service Provider Listing (or Service Provider Listings) you are complaining about. These requests should only be submitted by you or someone who is authorised to act on your behalf.
a. We are registered with the Information Commissioners as a data controller in the United Kingdom.
c. We may use any feedback or comments you make in respect of the Service or any Service Provider in our marketing material. We will not use your name unless we get your prior consent to do so.
a. We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
b. These terms set out the entire agreement between you and us concerning the Service and they replace all earlier agreements and understandings between you and us.
c. If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by the applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
d. Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
19. Complaints and dispute resolution
a. Most concerns can be solved quickly by contacting us at email@example.com.
b. In the unlikely event that legal action becomes necessary either by us or by you, these terms shall be governed by and construed in accordance with the laws of England and subject to the jurisdiction of the English courts.
20. Questions about these terms
a. If you have any questions about these terms or the Service, you may contact us by email at firstname.lastname@example.org.
Solosalon membership terms and conditions
The terms and conditions set out below, together with the provisions set out on the attached Registration Form apply to the contract for the provision of services by means of the Solosalon app, between the ‘Service Provider’ (as specified in the Registration Form) and Solosalon. Please review the terms and conditions carefully, paying particular attention to:
Condition 8.11 under which the Service Provider agrees not to promote or make available any medicine, medical device, medical product or medical service (or other regulated product or service) by means of the Solosalon service.
Condition 17 under which Solosalon limits its liability to the Service Provider.
Solosalonapp.com is a subscription service for salons and other beauty service providers that helps potential customers more easily inform themselves about, and engage with the service provider, as well as schedule appointments and buy products from the service provider.
THE PARTIES AGREE: as follows:
In this Agreement, unless the context otherwise requires:
- Agreement means these Terms and Conditions and the Registration Form;
- Agreed Charges means sums charged by Service Provider to a Customer in respect of a Booking;
- Booking means an order placed by a Customer with the Service Provider by means of the Customer App for the provision of products or services;
- Subscription Charge means the subscription charge for the Service set out in the Registration Form as varied in accordance with this Agreement;
- Conditions means these terms and conditions;
- Customer means a user of the Customer App;
- Customer App means Solosalon’s app which is used by Customers to learn more about the Service Provider, and to read and make reviews of their experience with the Service Provider;
- Force Majeure Event means an event or sequence of events beyond a Party's reasonable control preventing or delaying it from performing its obligations under this Agreement, but inability to pay is not a Force Majeure Event;
- Initial Period means the initial period of 3, 6 or 12 months (as specified in the Registration Form) from the Start Date;
- Intellectual Property Rights means copyright, patents, knowhow, trade secrets, trade marks, trade names, design right, get-up, database rights, chip topography rights, mask works, utility models, domain names and all similar rights;
- Registration Form means the online form containing details of the Service Provider’s subscription to the Service;
- Renewal Period is as defined in clause 14.2;
- Service Provider App means the 'Solosalon' mobile application by means of which the Service Provider may access the Services;
- Service Provider means the company, partnership or sole trader specified as the Service Provider in the Registration Form;
- Service Provider Guide means any manual or user guide supplied by Solosalon containing operating procedures and other instructive information in respect of the use of the Services (as amended from time to time);
- Service Provider Content means any material or information provided by the Service Provider in the Service Provider Listing, including the photographs referred to in Condition 8.1 below;
- Service Provider Listing means the portion of the Customer App which is used by Customers to learn more about the Service Provider, and to read and make reviews of their experience with the Service Provider;
- Service means access to various services available by means of the Service Provider App, which may include: maintaining certain contact and other information on a Service Provider Listing; scheduling appointments for services with Customers; facilitating sales of products to Customers; private messaging service for communication with Customers;
- Solosalon means Solosalon Ltd, a company registered in England and Wales under company number 11185244 whose registered office is at Flat 4 Block A Peabody Estate, Camberwell Green, London, United Kingdom, SE5 7BD;
- Start Date the date of acceptance of the Service Provider’s acceptance of these terms;
- Term means the Initial Period and any renewal or extension of that term; and
- Customer Submission means any review, comment or other contribution of any Customer on the Customer App, including on the Service Provider Listing.
2 The Solosalon Service
2.1 Solosalon is a directory and marketplace service through which Customers can view details of listed Service Providers and their products and services. Solosalon, on behalf of the Service Provider, promotes the Service Provider’s products and services and facilitates Service Provider use of a payment service provider to collect charges from Customers. No contract exists between Solosalon and the Service Provider, or Solosalon and the Customer, for the provision of any of the Service Provider’s products or services. Solosalon is an intermediary between the Service Provider and the Customer. All arrangements for the fulfilment of any booking for services or order for products are solely between the Service Provider and the Customer.
2.2 Subject to the Service Provider's payment of the Subscription Charge, the Service Provider is granted the right to use the Service in accordance with the terms of this Agreement.
2.3 Solosalon shall provide the Service to the Service Provider in accordance with the terms of this Agreement.
2.4 Solosalon hereby grants the Service Provider a non-exclusive, non-transferable licence to use the Service Provider App solely for the purpose of accessing and using the Service in accordance with the terms of this Agreement and for no other purpose whatsoever.
2.5 Solosalon reserves the right, without liability, to reject or remove from the Service Provider Listing any Service Provider Content which does not meet the terms of this Agreement or at Solosalon's sole discretion. In the event of complaints from Customers in respect of any Booking, Solosalon may suspend access to the Services and display of the Service Provider Listing until such time as the issue is resolved to Solosalon’s satisfaction.
2.6 Solosalon may redesign the Service Provider App at its sole discretion at any time.
2.7 All Customer Submissions are provided by Customers, not by Solosalon. Solosalon cannot reasonably verify the accuracy of each one. Solosalon therefore takes no responsibility and assumes no liability for any Customer Submission. Solosalon is not responsible for any mistakes, defamation, omissions which the Service Provider or its staff may encounter, or for any infringement of intellectual property rights by any Customer Submission. If you consider that any Customer Submission is defamatory of the Service Provider or any individual, or infringes their rights in any way, please contact Solosalon at email@example.com.
2.8 Solosalon is not involved in transactions between Customers and Service Providers. In respect of any dispute arising between Customer and the Service Provider, the Service Provider releases Solosalon (and its agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3 Subscription Charges
3.1 In consideration of the Services, the Service Provider shall pay to Solosalon the Subscription Charge in advance.
3.2 Solosalon reserves the right to suspend the Service if the Service Provider fails to pay the Subscription Charge in accordance with the terms of this Agreement.
3.3 If any VAT is properly chargeable in respect of any supply made by Solosalon under this Agreement, the Service Provider shall pay the amount of that VAT to Solosalon.
3.4 Without limiting Condition 3.1, the Subscription Charge is exclusive of VAT (if any).
3.5 Solosalon shall be entitled to increase the Subscription Charges, or the fees payable in respect of any additional services, at the start of each Renewal Period upon prior notice to the Service Provider and the Registration Form shall be deemed to have been amended accordingly.
3.6 No refunds will be made for non-use or limited use of the Service, or if the Service Provider wishes to cease use of the Service in advance of the end of the Initial Period or Renewal Period.
4 Cancellations and Returns by Customers
4.1 The Service Provider acknowledges that Customers have the right to cancel Bookings, in accordance with their statutory rights as consumers. The Service Provider agrees to accept such cancellations and will not be entitled to any payment in respect of any cancelled Booking.
4.2 The Service Provider shall be responsible for setting out its own Returns and Cancellations Policy in the Service Provider Listing. Such policies must be in accordance with applicable laws.
5 Payment of Agreed Charges
5.1 The Service Provider is not obliged to Solosalon to use any particular method of payment, or to use the Service for the processing of payments.
5.2 Solosalon may integrate PayPal or another third party payment service provider (“PSP”) to facilitate payment card processing in respect of the Agreed Charges. Solosalon does not itself contract with the PSP to provide the processing services, which are provided to Service Provider directly by the PSP. Solosalon will not be responsible for any acts or omissions of the PSP.
5.3 The Service Provider shall be responsible for accounting for any VAT or taxes in respect of sums payable in respect of the Booking.
6.1 Solosalon operates a Reward Points scheme. Customers are allocated a certain number of Reward Points for undertaking certain activities by means of the Customer App, such as referring to a friend, and making Bookings for services (not products). Full details of the Reward Points scheme are as set out [here], and may be changed by Solosalon at any time by providing notice to the Service Provider.
6.2 The Service Provider agrees to discount the Agreed Charges by the sum represented by any Reward Points applied by a Customer in respect of a Booking, and authorises Solosalon to apply such discount on its behalf.
6.3 As the Reward Points scheme is intended to benefit service providers using the Solosalon platform as a whole, no reimbursement will be made by Solosalon in respect of any discount resulting from application of Reward Points.
7.1 Solosalon and the Service Provider will each take all necessary measures to comply with such security measures in relation to the Service notified by Solosalon from time to time to the Service Provider. The Service Provider will take all necessary measures to ensure that each staff member accessing the Service directly or indirectly complies with the any such security measures.
7.2 The Service Provider will be responsible for maintaining the security of any passwords or usernames issued to it in respect of the Service.
7.3 Each Party will co-operate with any investigation relating to security that is carried out by or on behalf of Solosalon.
8 Obligations of the Service Provider
8.1 The Service Provider agrees to provide Solosalon with interior images of its premises that are taken by a professional photographer, which meet Solosalon’s quality standards and specifications as notified to the Service Provider.
8.2 The Service Provider undertakes in favour of Solosalon as follows:
8.2.1 to notify Solosalon promptly of any unauthorised disclosure, use or copying of the Service Provider Guide or any other operating manuals and documents provided by Solosalon in connection with the Service;
8.2.2 not to remove, suppress or modify in any way any proprietary markings including any trade mark or copyright notice on the Service Provider App;
8.2.3 not to resell, re-market or otherwise distribute any portion of the Service or offer the Service to others;
8.2.4 to be solely responsible for any Service Provider Content submitted by the Service Provider in connection with the Service;
8.2.5 to be responsible for, and at its own cost:
(a) obtaining and maintaining all necessary permissions, consents and licences to enabling the Service Provider to use the Service and submit the Service Provider Content;
(b) comply with all applicable conventions and codes of practice and all applicable laws, regulations, and other similar forms of legislation in all relevant jurisdictions that may relate to the Service Provider's use and access of the Service.
8.2.6 to take all necessary precautions to ensure that Service Provider Content supplied is:
(a) honest, accurate, truthful; and
(b) is free from viruses or other malware;
8.2.7 ensure that in its use of the Service to respond to comments from Customers it maintains a civil, courteous manner;
8.2.8 use the Service in accordance with the Solosalon Acceptable Use Policy, any applicable law, and in a manner which does not interfere with, disturb, or disrupt the Services, or Solosalon’s equipment, as determined by Solosalon in its sole discretion; and
8.2.9 at all times promote the Customer App in the Service Provider premises by means of promotional materials provided by Solosalon.
8.3 The Service Provider shall, at its own cost, be responsible for obtaining (or obtaining relief from any requirements for) all regulatory approvals which the Service Provider is required to obtain. Solosalon shall provide all reasonable assistance to the Service Provider in that regard.
8.4 The Service Provider shall maintain procedures to facilitate reconstruction of any lost Service Provider Content and the Service Provider agrees that Solosalon will not be liable under any circumstances for any consequences arising from lost or corrupted Service Provider Content or files which would not have been lost if such procedures had been maintained.
8.5 The Service Provider is solely responsible for carrying out all necessary back up procedures for its own benefit to ensure that Service Provider Content integrity can be maintained in the event of loss of Service Provider Content for any reason.
8.6 The Service Provider shall defend, indemnify and hold harmless Solosalon against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Service Provider's use of the Services.
8.7 The Service Provider shall ensure that none of the following are included in any Service Provider Content: (a) any items prohibited by applicable laws or regulatory requirements; (b) any item that infringes the intellectual property rights or other rights of any person; or (c) any material that is offensive, intimidatory, defamatory, obscene, blasphemous, profane or otherwise objectionable.
8.8 The Service Provider shall not, and shall ensure that no member of its staff or their families, shall not, interact with the Customer App as a Customer, including posting a review of the Service Provider or any other Service Provider.
8.9 The Service Provider shall not pay or incentivise any Customer in any way to post a positive Customer Submission, including by means of any discount on services available at the Service Provider or elsewhere.
8.10 The Service Provider shall not pressure, intimidate or harass any Customer on the basis of their interaction with the Customer App, including any negative reviews.
8.11 The Service Provider shall not use the Services (including the Service Provider App or the Service Provider Listing) to promote or sell or make available any medicine, medical device, medical product or medical service, or any product or service for which promotion or marketing requires any regulatory licence or consent. The Service Provider acknowledges that these items are highly regulated and can only be promoted with appropriate authorisations and approvals, which have not been sought by Solosalon.
8.12 The Service Provider shall be responsible for the supply and maintenance of all equipment and facilities needed by it to carry out the Booking.
8.13 The Service Provider shall ensure that the services and products provided by the Service Provider under a Booking fully address each requirement as set out in the Booking, and are of a standard consistent with the skills and experience which the Service Provider has specified to Solosalon in the Service Provider Listing.
9 Compliance with laws; Consumer Contracts Regulations
9.1 The Service Provider agrees to comply with all applicable laws in relation to its activities using the Service, and its sales of products and services to Customers. Without limitation, the Service Provider shall comply at all times with the information and right of cancellation requirements in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("Regulations").
9.2 The Service Provider shall ensure that the Service Provider Listing contains all items required to be disclosed under the Regulations, and shall notify Customer of their right to cancel a Booking in accordance with the Regulations. A Model Cancellation Form is available on request from Solosalon.
10 Service Provider Status as Independent Contractor
10.1 Solosalon acknowledges that the Service Provider is providing the Service as part of his/her own business, and that the Service Provider shall be entitled to:
10.1.1 specify the dates and times at which it wishes to accept Bookings; and
10.1.2 set its own Agreed Charges.
10.2 The Service Provider is solely responsible for providing any materials and expertise necessary to meet his/her obligations under any Booking.
10.3 Nothing in the Agreement shall prevent the Service Provider from being engaged, concerned or having any financial interest in any capacity in any other business, trade, profession or occupation during or after this Agreement.
10.4 Solosalon will not be liable for any tax or withholding, including but not limited to National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a Customer’s use of a Service Provider’s services.
10.5 The Service Provider alone is responsible for setting the level of his/her charges applicable to Bookings and may change them at any time in respect of any future Bookings.
10.6 The Service Provider agrees that it is responsible for his/her own accounting and tax affairs and that it will indemnify and hold Solosalon entirely harmless from any claims from HMRC or any other body in respect of any tax or National Insurance payable in respect of any Booking.
11.1 The Service Provider shall maintain in force during this Agreement (and for a period of 12 months following it) full and comprehensive professional indemnity and public liability insurance policies with a reputable insurer with a per incident cover of not less than GBP1,000,000. The Service Provider shall on request supply to Solosalon copies of such insurance policies and evidence that the relevant premiums have been paid
12 Messaging Service
12.1 Service Provider shall adhere to the Acceptable Use Policy at all times when using the Customer messaging service comprised in the Services.
13 Service Provider Content Intellectual Property Rights
13.1 All Intellectual Property Rights in the Service Provider Content, all amendments or additions to the Service Provider Content, and databases and other compilations including any of such, belong to the Service Provider.
13.2 The Service Provider grants Solosalon a licence to use, edit, create databases from, copy and store the Service Provider Content for the purposes of the Service, and for the purposes of any promotion of the Customer App or any other Solosalon products or services, including emails to Customers.
13.3 The Service Provider hereby permits Solosalon to bid on internet search keyword terms (including Google Adwords) and make use of search engine optimisation services and similar services that embody, incorporate or quote (in whole or part) the trading name of it or any brands used in connection with the Service Provider.
14.1 This Agreement commences on the Start Date.
14.2 Unless terminated earlier in accordance with Condition 18 or this Condition 14.2 this Agreement shall continue for the Initial Period, and shall automatically extend for a period of the same duration (“Renewal Period”) at the end of the Initial Period and at the end of each Renewal Period. Either party may give notice to the other party at any time before the end of the Initial Period or the relevant Renewal Period, to terminate this agreement at the end of the Initial Period or the relevant Renewal Period, as the case may be.
15 Solosalon Intellectual Property Rights
15.1 Apart from Service Provider Content, the Service Provider acknowledges that all Intellectual Property Rights in the Service including the Service Provider App, the Customer App, the Service Provider Listing, the Service Provider Guide and all related materials as between Solosalon and the Service Provider are and shall at all times remain the property of Solosalon or its licensors. No rights to or property in the Service shall pass to the Service Provider. No right to modify, adapt or create derivative works from the Service or any part of it is granted to the Service Provider.
16 Warranties and undertakings
16.1 Solosalon hereby warrants that to the best of its knowledge it has the right to grant to the Service Provider access to the Service on the terms of this Agreement.
16.2 Solosalon undertakes to the Service Provider that it will follow its normal procedures and processes to test for viruses contained in or introduced into the Customer App.
16.3 Solosalon will not be liable for any deficiency in the Service attributable to operator error, deficiencies or errors relating to any third-party component not provided by Solosalon or third-party connectivity necessary to access the Service. When notifying a defect or error the Service Provider must provide Solosalon with one or more documented examples of such defect or error.
16.4 Solosalon does not warrant that the Service Provider's use of the Services will be uninterrupted or error-free; or that the Services and/or the information obtained by the Service Provider through the Services will meet the Service Provider's requirements; and is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet. The Service Provider acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
16.5 Solosalon makes no warranties, as to the number of Customers using the Customer App or pages displayed on the Customer App or the functionality, performance, or response times of the Customer App.
16.6 Solosalon will have no obligation under this Condition 16 to the extent a claim is based on use of the Services in a manner inconsistent with this Agreement or the Service Provider Guide, or as a result of negligence or wilful misconduct of the Service Provider.
17 IMPORTANT – LIMITATION OF LIABILITY OF SOLOSALON TO SERVICE PROVIDER
17.1 This Condition 17 sets out the entire financial liability of Solosalon (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Service Provider:
17.1.1 arising under or in connection with this agreement;
17.1.2 in respect of any use made by the Service Provider of the Services or any part of them; and
17.1.3 in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
17.2 Except as expressly and specifically provided in this agreement:
17.2.1 the Service Provider assumes sole responsibility for results obtained from the use of the Services by the Service Provider, and for conclusions drawn from such use. Solosalon shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Solosalon by the Service Provider in connection with the Services, or any actions taken by Solosalon at the Service Provider's direction;
17.2.2 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and
17.2.3 the Services are provided to the Service Provider on an "as is" basis.
17.3 Nothing in this agreement excludes the liability of Solosalon:
17.3.1 for death or personal injury caused by Solosalon's negligence; or
17.3.2 for fraud or fraudulent misrepresentation.
17.4 Subject to Condition 17.2 and Condition 17.3:
17.4.1 Solosalon shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
17.4.2 Solosalon's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the total Subscription Charges paid for the Service during the 12 months immediately preceding the date on which the claim arose.
18.1 Without prejudice to its other rights and remedies either Party may, by written notice to the other (the 'Breaching Party'), terminate this Agreement, with immediate effect, upon or at any time following the occurrence of one or more of the following events:
18.1.1 the Breaching Party is in material or persistent breach of any of its obligations under this Agreement and either that breach is incapable of remedy, or the Breaching Party has failed to remedy that breach within 7 days after receiving written notice requiring it to remedy that breach; or
18.1.2 is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986) or becomes insolvent or an order is made or a resolution passed for the administration, winding-up or dissolution of the other (otherwise than for the purposes of a solvent amalgamation or reconstruction) or an administrative or other receiver, manager, liquidator, administrator, trustee or similar officer is appointed over all or any substantial part of the assets of the other or the other enters into or proposes any composition or arrangement with its creditors generally.
18.2 Notwithstanding the termination of this Agreement, the Service Provider shall remain liable to pay to Solosalon all sums accrued due on or prior to the date of termination.
19.1 Each Party shall keep confidential all information of the other party relating to the Service Provider Content base, the contents of this Agreement, or the business of the other Party. For the purposes of this Condition, any Service Provider Content provided by the Service Provider to Solosalon shall be deemed to be confidential information of the Service Provider and shall not be disclosed save as contemplated by this Agreement and the provisions of the Service. The provisions of this Condition shall not apply to:
19.1.1 any information which was in the public domain at the date of this Agreement;
19.1.2 any information which comes into the public domain subsequently other than as a consequence of any breach of this or any related agreement;
19.1.3 any disclosure required by law or a competent authority or otherwise by the provisions of this Agreement; or
19.1.4 any Service Provider Content.
19.2 The foregoing confidentiality obligations shall remain in full force and effect notwithstanding the expiry or earlier termination of this Agreement.
20 Force Majeure
20.1 Solosalon shall have no liability to the Service Provider under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Solosalon or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Service Provider is notified of such an event and its expected duration.
21.1 The Service Provider hereby grants Solosalon permission to publicise the fact that it is a Service Provider Listing customer of Solosalon, including in a press release or on social media.
21.2 The Service Provider shall not use, display or modify Solosalon's trademarks in any manner without the prior written consent of Solosalon.
22.1 Compliance with law
Each Party shall comply and shall (at its own expense unless expressly agreed otherwise) ensure that in the performance of its duties under this Agreement, its employees, agents and representatives will comply with all applicable laws and regulations, provided that neither Party shall be liable for any breach to the extent that such breach is directly caused or contributed to by any act or default of the other Party or its employees, agents and representatives.
The Parties are independent businesses and not partners, principal and agent, or employer and employee, or in any other relationship of trust to each other.
Provisions which by their terms or intent are to survive termination of this agreement will do so.
22.4 Further assurance
Each Party will, at its own cost, do all further acts and execute all further documents which may be necessary to give full effect to this Agreement.
22.5 Equitable relief
Each Party recognises that its breach or threatened breach of this Agreement may cause the other irreparable harm, and that the other may therefore be entitled to injunctive or other equitable relief.
22.6 Rights of third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999, this Agreement is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions. However, this does not affect any right or remedy of such a person that exists or is available apart from that Act.
23 Governing Law
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
24 Entire agreement
24.1 Solosalon may revise the terms of the Agreement at any time by notifying the Service Provider. The Service Provider acknowledges that the changes are binding on the Service Provider from the date that they are made. If the variation is to the Service Provider’s material detriment, Solosalon will give the Service Provider thirty (30) days’ prior notice of such variation. Within fourteen (14) days of such notification the Service Provider may give Solosalon not less than fourteen (14) days’ written notice to terminate the Agreement. If the Service Provider does not terminate in such period, the Service Provider is deemed to have accepted the changes.
24.2 This Agreement, together with the documents referred to in it, constitutes the entire agreement and understanding between the parties in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous agreement between the parties in relation to such matters notwithstanding the terms of any previous agreement or arrangement expressed to survive termination.
24.3 Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) other than as expressly set out in this Agreement. The only remedy available to either Party in respect of any such statements, representation, warranty or understanding shall be for breach of contract under the terms of this Agreement.
24.4 Nothing in this Agreement shall operate to exclude any liability for fraud.