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TERMS AND CONDITIONSDate last updated: 18.12.2016
GENERALwww.londonbeautyartists.com (“the website”, “this website”, “our website”), is owned and operated by Makeup and Beauty Limited (“Makeup and Beauty”, “us” or “we”). Makeup and Beauty Limited is registered in England and Wales. Registration number: 10475192 and registered office: 20-22 Wenlock Road, London, England, N1 7GU.
By accessing, viewing, or using this website; or using the online or telephone booking service (collectively “Services” or “Booking Service(s)”), you (the “user”, “visitor” or “customer”) agree to be bound by these Terms and Conditions (“the Terms”); irrespective of your geographic location or platform or device used to access the website.
You confirm that you are of legal age to access and use our website and/or the Booking Services. You are not eligible to our website or the Booking Services if you are under the age of 18.
Our website provides Booking Services for a range of Makeup and Beauty services that are performed in each and every case by independent self-employed Makeup Artists, Beauticians, Hair Stylists, Nail Technicians and Skin Care Professionals (“Artist” or “Artists”). In providing this Booking Service, we act as the agent of these Artists. We are simply a booking agency and provide you with the use of our website and Booking Services. The Artists are not employed by us.
We have no responsibility for any Makeup or Beauty service which you book through the website or over the phone: we are simply involved with the booking process. We facilitate the booking, as well as providing some ancillary services such as arranging such bookings and providing you with customer service assistance.
The contract for the purchase of the Makeup and Beauty services is between you and the Artist(s). This means that it is the Artist(s) - not us, who is legally responsible for providing the Makeup and Beauty services to you.We are not party to any Makeup and Beauty Agreement: this will solely be between you and the Artist(s).
The Terms govern your use of our website and also our online and telephone booking services (“Services” or “Booking Services"). By using our Site or Booking Services, you agree to abide by the Terms. Please read these Terms in full. If you do not accept these Terms, you must not use this website or make a booking (online or over the phone) for any Makeup or Beauty services.
As we evolve, we may have to make changes to the Terms. Although we will do our best to let you know of any changes, we urge you to check these Terms regularly. We may terminate use of our Booking Services, alter Makeup and Beauty services advertised on the website and change the prices at any time without notice. If you do not agree to the changes, you must cease using the website and Services. Your continued use of the website and Services will be deemed acceptance of the amended Terms.
USE OF THIS WEBSITEOur Booking Services are for your personal and non-commercial use and must only be used for the purposes of inquiring about or making bookings for
You must not use the website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website or Booking Services; or in any way which is unlawful, illegal, fraudulent or harmful or connected to such activity.
You must not use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to and is not limited to) any ‘spam’, spyware, computer virus, or other malicious computer software; that interrupt or otherwise or limit our Booking Services' functionality. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website.
You must not (non-exhaustive list):
a. Republish material from this site (including republication on another website),b. Sell, rent or sub-licence material from this website,c. Broadcast, reproduce, summarise, create derivative work, duplicate, copy or otherwise exploit material on this website for a commercial purpose,d. Edit or otherwise modify any material on this website,e. Redistribute material from this website (except for content specifically and expressly made available for redistribution via our sharing tools),f. Impersonate any person or entity or use any false information to mislead Makeup and Beauty Limited,g. Engage in any inappropriate behaviour including but not limited, to sexual advances and/or other inappropriate behaviour, and;h. Harass, abuse, threaten or otherwise violate the rights of the Artists.You agree to indemnify Makeup and Beauty Limited against any claims arising from any illicit activity. Failure of Makeup and Beauty Limited to insist upon strict performance of any provision of these Terms or the failure to exercise any right or remedy to which it is entitled here-under shall not constitute a waiver thereof and shall not affect the validity of these Terms.
If these Terms are breached in any way, we will block your access to our Booking Services and depending on the nature of the breach, report you to the appropriate authorities.
BOOKING, PRICES AND PAYMENT METHODSYou will complete a booking form on our website or via phone (upon which we will collect personal, location/ premises, payment and billing information). You will receive an acknowledgement of your booking request, which is not confirmation. Once the availability of the most appropriate Artist(s) is determined, you will receive a confirmation of your appointment via email on behalf of the Artist(s), which includes the final costs. When the booking is confirmed, the contract for the Makeup and Beauty services is between you and the Artist(s).
By making a booking, you are responsible for:
Full payment of the applicable Makeup and Beauty services fee,Ensuring the Artist(s) have access to your premises,Ensuring the premises have appropriate facilities (including, adequate lighting and heating); andEnsuring the health and safety of the Artist(s) whilst at the premises
Your payment details will be requested at the time of booking and payment in full, for the Makeup and/or Beauty service selected, will be collected when your booking is confirmed. All payments by credit card or debit card need to be authorised by the relevant card issuer prior to the provision of Makeup and Beauty services. The acceptable cards are listed on the website. You agree to provide complete, correct and true personal, payment and billing information. Such failure may also result in loss or incorrect delivery of your booking confirmation. Receipts can be issued by email on request to firstname.lastname@example.org.
We will do all that we reasonably can to ensure that all of the information you give us when booking is secure. However, in the absence of negligence on our part, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you may give us at any time.
The price(s) for each Makeup and Beauty service include call out charge. However, the prices can vary according to the type Makeup and Beauty service, duration, location of the premises, date (e.g. Sunday and Bank Holiday surcharge) and reasonable expenses (e.g. travel and parking).
The Makeup and Beauty services fee belongs to the Independent Artist who provides the Makeup or Beauty service(s). We collect the Makeup and Beauty services fee from you as their agent (“Agent’s Fee”). For each booking made through us, we charge the Artist(s) an agreed fee for introducing you to the Artist(s). We have an agreement with each Independent Therapist under which we are entitled to deduct Our Agent's Fee from the Makeup or Beauty services fee paid by you.
If due to an extenuating circumstance, we are unable to arrange a booking with an Artist or Artists on your selected date and time, we will contact you via email or phone to suggest an alternative.
As mentioned above, when you book a Makeup or Beauty service, using the website, we act as a booking agency for independent, self-employed Artists. The contract to provide you with the Makeup or Beauty service(s) selected is between you and the Artist(s). It is the responsibility of the Artist(s) to provide the Makeup or Beauty service(s). This contract does not include us.
Please ensure caution for your personal safety and property when using the Artists as you would towards anyone you do not know personally. We interview the Artists and obtain proof of their public liability insurance and professional qualifications; however you use the Artists at your risk as we do not guarantee accuracy of this information. We do not guarantee or warrant, and make no representations regarding the reliability, quality or suitability of the Artists. We act only as a booking agent and introducer and you acknowledge and agree that we do not have any obligation to conduct any background checks on the Artists.
CANCELLATION, RESCHEDULING AND REFUNDSIf you wish to cancel a booking, you can do by emailing us at email@example.com or calling us on 07376209851.
We will collect a non-refundable deposit from you to secure your booking. Once confirmed, full payment of the service(s) will be required prior to the service(s).
In the event that you pay for the full amount for the service(s), any cancellations made within or less than 72 hours of your booking, you will be liable to pay for 100% of cost of the service(s) (including deposit).
Cancellations made more than 72 hours of your confirmed booking, we will refund you the cost of the service(s) booked, minus the deposit, as the deposit is non-refundable.
We request 72 hours’ notice of your confirmed booking, if you wish to reschedule appointment. We will do our best to accommodate, however any changes will be subject to availability of the Artists. If the notice is more than 72 hours, and we are unable to arrange an Artist(s), we will refund you the cost of the service(s) booked (if paid in full), minus the deposit, as the deposit is non-refundable. If the notice is within or less than 72 hours, (and you have paid in full for the service(s)) you will be liable to pay for 100% of the cost of the Hair or Beauty service(s) booked (including deposit).
MASTERCLASSES AND WORKSHOPSClasses and Workshops will be booked, subject to availability. LBA does not own the properties in which the Classes or Workshops are hosted. The Makeup Artist teaching is a freelancer and has public liability/ indemnity insurance. We ensure a safe and comfortable environment however are not liable for any injury or loss caused due to attendees or freelancers assisting at the event, the event, cancellation of the event, premises, products used or beverages served. There is a 72-hour cancellation policy. Any attendees who arrive 20 minutes or more, late, will not be refunded any part of the cost of their ticket. We will however endeavour to reschedule, where possible. This is subject to availability. Attendees must be 16 or older. Under 18s must be accompanied by an adult. Accompanying adults are also required to purchase a ticket to attend the event. When booking, any voucher and security codes will need to be provided in order to secure your booking. Where applicable, please print and bring your voucher along with you to the Class or Workshop and present it upon arrival. Vouchers cannot be cancelled, refunded, exchanged or used in conjunction with any other offer.
USE AND OWNERSHIP OF INFORMATIONWe are committed to protecting and respecting your privacy. You will be required to provide us with your card details (card number, valid from/ expiry date, security number and full name), full contact details, including mobile number, email address and premises address; and details of the type of Makeup or Beauty services you would like to book. By providing your contact details you give your permission for us to carry out our obligations arising from our Booking Services. We will share your information with the Artists to enable them to provide the Makeup and Beauty services effectively and manage customer relationships. We may provide your information to selected third parties such as analytics and search engine providers that assist us to optimise our website and Booking Service. We may disclose your personal information to third parties, in order to comply with any legal or regulatory obligation (e.g. fraud prevention), to protect the Artists, enforce or apply our Terms or if we sell or buy any business or assets.
You also agree to us contacting you in the future, regarding Makeup and Beauty services, feedback, updates, website improvements and promotions. If you wish to opt out of communication after your booking please email firstname.lastname@example.org. Please also use this email address if have any questions regarding the Terms, or you wish to provide any feedback or complain regarding the Makeup and Beauty services. Any unsolicited feedback or questions provided will be treated as non-confidential and non-proprietary. Therefore, you allow us the royalty-free right to use, amend, reproduce, publish/ display, licence, sell, transfer for the purposes of marketing, analytics and Service amendments, development or creation and/ or product development and creation.
PROMOTIONAL CODESCodes can be redeemed on the website against purchases of Makeup and Beauty and are subject to specific terms, and must only be used in accordance with those terms. Codes will be valid only for the period of time stated on them. They do not have any cash value, therefore cannot be exchanged for cash. Codes can only be used once and only one code may be used per person. Codes cannot be promoted, advertised, sold, publicised, distributed or transferred in any way through public sites or by other means.
INTELLECTUAL PROPERTY AND OWNERSHIPUnless otherwise stated, Makeup and Beauty Limited own the intellectual property rights, (under United Kingdom Copyright and Trademark Laws) in this website and material on the website, including (but not limited to), design, layout, look, appearance, the logo, selected graphics, videos, audios, photography, images used and blog captions, titles and content.All copyright and trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged and credited on the site. If you own the copyright and trademarks to any of the content or images included on our website and you would not like us to use them, please write to us by email to email@example.com and they will be removed within 48 hours.
DISCLAIMER AND LIMITATION OF LIABILITYAs mentioned, we introduce individuals seeking Makeup and Beauty services to the Artists to provide the services. We facilitate the Booking. We are not liable or responsible for the fulfilment of any booking or the performance of the Artist(s). You acknowledge and agree that we are not responsible for addressing any claims you have regarding any Artists or Makeup or Beauty service. We will however try to assist by providing the intermediary services around resolving disputes and complaints.
We are not liable or responsible for any errors in or failure to provide Booking Services to you, due to your error in providing information or provision of incomplete or inaccurate information.
By using this website and Booking Services, you agree to hold Makeup and Beauty Limited free from liability or responsibility for any damage that might arise out of the transaction between you and this website, or the Artists. This website, its content and Booking Services are provided “as is” and without warranties of any kind, whether express or implied. We will not compensate you for or be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, inability to use, or otherwise in connection with, this site for any personal injury or personal and/ or business damage and/ or inconvenience and/ or loss – direct, indirect, consequential and/ or special caused, even if we have been notified orally or in writing of the possibility of such loss, damage or inconvenience.
By using this website you agree that the exclusions and limitations of liability set out in this Disclaimer are reasonable. If you do not think they are reasonable you must not use/ cease using this site and the Booking Services.
EXCLUSIONS OF LIABILITYIf a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. The validity of the other provisions shall not be affected. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Our website may occasionally include links to other (third party) websites. These links are provided for your convenience to provide further information. They do not imply or signify that we endorse the website(s).Please be aware that we are not responsible for the Terms, Privacy Policies, or content, of these websites. We do not monitor or review the content of other party’s websites therefore you access them at your own risk. We will not compensate you for or be liable to you (whether under the law of contact, the law of torts or otherwise) and does not accept any responsibility for any personal injury or personal and/ or business damage and/ or inconvenience and/ or loss – direct, indirect, consequential and/ or special caused, even if we have been notified orally or in writing of the possibility of such loss, damage or inconvenience resulting from your use of the third party sites.
If you wish to link our website, to another website, express permission is required from us. To obtain permission, please email us at firstname.lastname@example.org. Where our website is linked to others without express permission, we do not endorse the website, services or products of any third party. We will not compensate you for any harm or damage caused in any way by use of the third party websites.
We do not represent or warrant that the website and its functions contained in the website will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. All reasonable measures are taken by us to ensure that the website is uninterrupted, timely, error free and operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly (as mentioned above) we will not compensate you for or be liable to you (whether under the law of contact, the law of torts or otherwise) and does not accept any responsibility for any personal injury or personal and/ or business damage and/ or inconvenience and/ or loss – direct, indirect, consequential and/ or special caused, even if we have been notified orally or in writing of the possibility of such loss, damage or inconvenience resulting from the site being unavailable at any time. Where possible we always try to give advance warning of maintenance issues that may result in the site down time but we shall not be obliged to provide such notice. We reserve the right to suspend or terminate the operation of all or part of the website or Booking Services at any time, at our discretion.
Without prejudice to limitations of liability above, you hereby indemnify Makeup and Beauty Limited against any inconvenience, losses, damages, costs, liabilities and expenses (including without limitation legal/ accounting expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms or misused the Website/ Booking Services.