SELF EMPLOYED BEAUTY THERAPIST MEMBER TERMS AND CONDITIONS
THE BEAUTY CLICK LIMITED
These terms and conditions (“terms”) set out the contractual relationship between you, a self-employed beauty/hair treatment specialist (hereafter referred to as “your” and “your”), with The Beauty Click Limited (hereafter referred to as “us”, “we” and “our”).
Please ensure that you have read these terms carefully.
By registering with us as one of our Members, you will be deemed to have read and accepted these terms.
We will use the following words and expressions in these terms and conditions:
Appointment: the confirmed date, time, duration and location at which the Treatment will be provided.
Booking(s): an Appointment that you have accepted through the Platform.
Calendar: your Member online calendar showing your Bookings.
Commission: the commission charged by us pursuant to clause 4 hereof.
Contract: the contract between you and us incorporating these terms.
Customer: a person who books an Appointment for a Treatment through the Platform.
Deposit: a sum equal a percentage of the aggregate Treatment Price of all Treatments booked through the Platform.
Members: the beauty professionals who are registered on the Platform.
Platform: our Website through which you can book beauty services.
Profile: a Member’s profile on the Platform and Website.
Treatment(s): means the beauty treatment offered for sale through our Platform.
Treatment Price: the price of the Treatment booked through our Platform, which is set by you and payable by the Customer.
Wedding Package: the packages of hair and beauty services available for brides to be and their wedding party.
- About us
- We are The Beauty Click Limited, a company incorporated in England and Wales with company number 11329719.
- Our registered office is at Hope House, 2a Pembroke Road, Bromley, BR1 2RU.
- Our Platform
- We have developed the Platform to enable Customers to book beauty/hair professionals without the hassle of going to the salon. They can use our Platform to find beauty professionals such as you who will offer you Treatments at a time and place convenient for the Customer. This will generally be either at the customers home, your place of business or any other reasonable location requested by the Customer such as their office or hotel.
- Details of Treatments, and details of our Members, are available for Customers to review on our Platform, so they can make an informed choice as to which Treatment they would like to purchase before submitting a Booking Request.
- We do not guarantee that our Platform, or any content on it, will always be available or that you will have uninterrupted use of it. From time to time, we may need to suspend, withdraw, or restrict the availability of all or part of our Platform for business or operational reasons (such as updating new features on the Platform). We will do our best to give you reasonable notice of any suspension or withdrawal of our Platform, and we will try to minimise disruption as far as we are reasonably able.
- You may provide third parties (including Customers) with a link to your Profile on the Website.
- Your obligations as a Member
- At all times whilst registered as a Member you must:
- when initially registering on the Platform provide us with all of the information reasonably requested by us including identity, age, qualifications, experience and also your eligibility to work in the UK;
- confirm on your Profile your charges in respect of the Treatments;
- when registering on the Platform, confirm whether you are willing to administer Treatments from your home/place of work;
- in the event that you administer Treatments at your home, ensure that the Treatment area is clean and safe and adheres to at least minimum industry standards. It is your responsibility to look after the welfare of a Customer whilst in your home receiving Treatment;
- at your own risk enter a Customer’s property or other premises to administer Treatments and we shall have no specific duty to you in that respect. You must take your own reasonable precautions to ensure your safety;
- should you wish to take Bookings for children’s pamper parties, provide us with evidence of a valid and subsisting DBS check;
- exercise the highest level of customer care when dealing with Customers;
- adhere to all applicable industry standards when providing Treatments;
- provide patch tests and prior consultations with Customers where appropriate in accordance with acceptable industry standards and at no charge;
- where a patch test or prior consultant reveals that particular Treatment is not appropriate, please ensure you refund the customer their deposit, or if you are a bronze member you must notify us immediately so we may process a refund to the Customer of their Deposit;
- let us know as soon as possible if you no longer wish to receive Bookings or have removed your Profile from the Portal;
- keep your Profile up to date;
- take out and maintain insurance with a reputable insurer fully covering all of the Treatments that you have listed on your Profile;
- provide, if requested by Customers, documentary proof of your identity, qualifications and also insurance;
- if you receive a serious complaint (of whatever nature) from or in relation to a Customer (whether from the Customer or a third party), notify us immediately;
- keep confidential and not disclose to any party (other than as required by law or other regulatory authority) any confidential information or personal data relating to a Customer. If you become aware of any such disclosure you must let us know in writing as soon as possible;
- keep confidential any information that could reasonably be considered as confidential in relation to our business;
- not do anything to damage the goodwill in our business;
- obtain payment direct from a Customer for the balance of the Treatment Price, less the Deposit. We shall have no liability to you in that respect.
- At all times whilst registered as a Member you must:
- Cancellation of Bookings
- You must keep your Calendar up to date at all times.
- You must try not to cancel a Booking, save in exceptional circumstances.
- If it is necessary to cancel a Booking, you must do so as soon as possible via the Website.
- Bookings are made on the basis of your availability. If a Booking is made when you are unavailable but you have not updated this on your Calendar, which means you have to cancel the Booking, this will negatively affect your punctuality rating shown to Customers.
- If you cancel Bookings more than 3 times due to you not updating your Calendar properly this will be investigated by us and we reserve the right to remove your Profile from the Website.
- If you are a bronze member and a Customer cancels we will pay you 50% of the Deposit, silver and gold members receive their own deposits therefore you will keep the deposit of any cancelled bookings.
- Payment and commission
5.1 If you are a bronze member, we shall be paid commission in respect of the Treatment Price (charged as a percentage thereof) as follows: 15%
5.2 Silver and gold members agree to pay a monthly membership fee, this is reoccurring monthly with a free 30 day period to begin with. You may cancel your membership at any time free of charge.
- You shall have personal liability for and shall indemnify us in respect of any claims made by a Customer for loss, damage, costs or expenses resulting from any breach of these terms by you or other negligent or reckless act, omission or default by you, whether in relation to the provision of a Treatment or otherwise.
- You shall have personal liability for and shall indemnify us in respect of any loss, damage, costs or expenses resulting from any beach of these terms by you or other negligent or reckless act, omission or default by you, whether in relation to the provision of a Treatment or otherwise.
- We shall have no liability to you in respect of any type of consequential or indirect loss including, but not limited to, loss of profits, loss of use or loss of business.
- Nothing in these terms shall reduce or exclude either our respective liability for claims arising out of death or personal injury caused by our respective negligence or fraud or fraudulent misrepresentation.
- We may terminate the Contract by immediate notice in writing in the event of a material breach of these terms by you and (if such breach is remediable) you fail to remedy that breach within 14 days after receipt of notice in writing to do so from us.
- A material breach shall include but not be limited to the following:
- failure to attend or be available when your Calendar says that you are for 5 or more Bookings in any period of 12months;
- incorrect or untrue information contained within your Profile;
- you receiving a 2 star rating or below on 5 separate occasions from Customers;
- a breach of clauses 3.15 or 3.16 of these terms
- In the event of termination of you shall be entitled to fulfil any outstanding Bookings you have made, but you shall be responsible to make contact with the customers via your own method.
- Notwithstanding the termination of the Contract, subject to setting off any sums that may be owing by you to us, we will pay to you any sums owing in respect of Treatments undertaken prior to termination.
- General terms
- Following a Treatment, Customers will be invited to leave a rating and comment on your service and punctuality which will be visible via your Profile. If you do not agree with a rating or comment you should let us know as soon as possible.
- You will have no rights in relation to all existing and future intellectual property rights of ours including, without limitation, patents, copyright and related rights.
- We do not give any guarantee or warranty in respect of the frequency of Bookings or likely levels of income resulting from being a Member.
- Our email address for contact purposes is: email@example.com
- You will have the opportunity to opt in and out of Website promotions.
- You may be engaged, employed or concerned in any other business, trade, profession or other activity which does not place you in a conflict of interest with your position as a Member.
- You will be an independent contractor and nothing in these terms or the Contract shall render you an employee, worker, agent or partner of The Beauty Click Limited and you shall not hold yourself out as such.
- You shall be fully responsible for and indemnify us against any liability, assessment or claim for:
- taxation whatsoever arising from or made in connection with the provision of the Treatments, where such recovery is not prohibited by law; and
- any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you or any substitute against us arising out of or in connection with the provision of the Treatments, except where such claim is as a result of any act or omission of us.
- This agreement may only be varied by a document signed by or on behalf of both of us.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to the Contract.
- The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract.