Please read these Terms carefully before you use the Styler Website or any Styler App. By using either our Website or Apps, you confirm that you accept these Terms and agree to comply with them regardless of whether you choose to register an account with us.
If you do not agree to these Terms and Policies, you must not use any Styler Website or App.
Table Of Contents
1. Definitions
2. Agreement To Terms
3. Service Description
4. Code Of Conduct
5. Information Your Provide Us
6. Styler Account
7. Intellectual Property
8. Content
9. Site Management
10. Disclaimer/Limitation Of Liability
11. Term & Termination
12. Mobile Applications
13. General
1. Definitions
Preamble terms with assigned meanings are stated below.
Consumer/User/You: A user of the Styler Website or a Styler App.
Styler Partner or Business User: A business that has signed a contract to work in partnership with Styler. Styler Partners or Business Users are service providers to the consumer as they book a service with a Styler Partner through our website or apps.
Website or Site: The Styler website at https://styler.digital and all subdomains, for example https://hub.styler.digital.
App or Apps: Any Styler Partner (Business) App marked on the Apple App store or Google Play store with Styler/WhatStyle Limited as the Publisher.
Services: Refers to any services we provide, for example bookings and online support.
Styler: Also referred to as “company”, “we”, “us”, or “our”, meaning WhatStyle Limited, trading as Styler Digital.
2. Agreement To Terms
2.1
These Terms Of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Styler Digital (we, us), concerning your access to and use of the Styler (https://styler.digital) Website and Apps.
2.2
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
2.3
We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Last Updated” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
2.4
We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.
2.5
Our site is directed to people residing in the United Kingdom. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
2.6
The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
3. Service Description
Styler provides the following Services: The Styler Website and Apps constitutes a platform for consumers to book beauty, hair and wellness services with participating Styler Partners. The site also provides information to consumers and salon owners about the services we provide. (Services). You agree that by accessing the Site, Apps and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
4. Code Of Conduct
4.1
Styler holds this code of conduct to clarify that all interaction with the website must be lawful and comply with our Terms of Use. Please do NOT engage in any of the activities listed below. As owner of the website, it is up to the discretion of Styler Digital to decide if you have met our code of conduct. Styler reserves the right to restrict your access if the code of conduct has been violated.
4.2
You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
4.3
As a user of this Site, you agree not to:
Systematically retrieve data or other content from the Site or Apps to a compile database or directory without written permission from us
Make any unauthorised use of the Site or Apps, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
Use a buying agent or purchasing agent to make purchases on the Site or Apps
Circumvent, disable, or otherwise interfere with security-related features of the Site or Apps, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
Engage in unauthorised framing of or linking to the Site
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
Make improper use of our support services, or submit false reports of abuse or misconduct
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
Interfere with, disrupt, or create an undue burden on the Site, Apps, or the networks and services connected to the Site or Apps
Attempt to impersonate another user or person, or use the username of another user
Sell or otherwise transfer your profile
Use any information obtained from the Site, or Apps, in order to harass, abuse, or harm another person
Use the Site, Apps, or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site or Apps
Attempt to access any portions of the Site or Apps that you are restricted from accessing
Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
Delete the copyright or other proprietary rights notice from any of the content
Copy or adapt the Site’s (or Apps') software, including but not limited to PHP, HTML, JavaScript, or other code
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site and/or Apps
Use the Site in a manner inconsistent with any applicable laws or regulations
Threaten users with negative feedback or offering services solely to give positive feedback to users
Misrepresent experience, skills, or information about a User
Advertise products or services not intended by us
Falsely imply a relationship with us or another company with whom you do not have a relationship
5. Information You Provide Us
5.1
You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site and Apps. If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at [email protected].
5.2
If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
6. Styler Account
6.1
You may only create one (1) Styler account. Your account is non transferrable and your account details must not be shared with another consumer. Styler holds the right to terminate your account if these terms and conditions are not met. If your account is closed you will be prohibited to sign up to a new account unless granted permission from Styler. Any damages caused by your actions will lead to the perusal of legal action through the United Kingdom’s law enforcement.
6.2
As part of the functionality of the Site, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either: (a) providing your Third Party Account login information through the Site; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
6.3
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
6.4
By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists; and (b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.
6.5
Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, the Social Network Content may no longer be available.
6.6
You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.
6.7
You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. At your email request to [email protected] or through your account settings (if applicable), we will deactivate the connection between the Site and your Third Party Account and attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that became associated with your account.
6.8
When creating a Styler Account, you consent to receiving communications from us and/or the Styler Partner you have booked with. This includes text messages, calls, email and push notifications to the mobile number you have provided us. Standard messaging charges apply. To unsubscribe to all communications, please contact us at [email protected].
7. Intellectual Property
7.1
Unless otherwise indicated, the Site, Apps and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us. Styler does not hold responsibility to provide the consumer with markings or indications or anything that may aid you in determining if material is copyrighted or trademarked. All of our content is protected by copyright laws.
7.2
Except as expressly provided in these Terms and Conditions, no part of the Site, Apps, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
7.3
Provided that you are eligible to use the Site and Apps, you are granted a limited licence to access and use the Site, Apps and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
7.4
You shall not (a) try to gain unauthorised access to the Site, Apps or any networks, servers or computer systems connected to the Site or Apps; and/or (b) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Site, Apps or Our Content, including the modification of the paper or digital copies you may have downloaded.
8. Content
8.1
We shall (a) prepare the Site, Apps and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
8.2
The content on the Site and Apps is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site or Apps.
8.3
Although we make reasonable efforts to update the information on our Site and Apps, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site or Apps is accurate, complete or up to date.
9. Site Management
9.1
We reserve the right at our sole discretion, to (1) monitor the Site and Apps for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site, Apps or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site and Apps in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site, Apps and Services.
9.2
We do not guarantee that the Site or Apps will be secure or free from bugs or viruses.
9.3
You are responsible for configuring your information technology, computer programs and platform to access the Site and Apps and you should use your own virus protection software.
9.4
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
9.5
We cannot guarantee the Site, Apps and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site, Apps or Services during any downtime or discontinuance of the Site, Apps or Services. We are not obliged to maintain and support the Site, Apps or Services or to supply any corrections, updates, or releases.
9.6
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
10. Disclaimer/Limitation Of Liability
10.1
The Site, Apps and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Apps and/or Services will be at your sole risk except as expressly set out in these terms and conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site, Apps and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
10.2
THE Styler WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND. We make no warranties or representations about the accuracy or completeness of the Site's and/or Apps' content and are not liable for any (1) errors or omissions in content: (2) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Site, Apps, or Services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these terms and conditions if such delay or failure is caused by an event beyond our reasonable control.
10.3
If you are a Business User: We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Site/Apps/Services; or
use of or reliance on any content displayed on our Site or Apps.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
10.4
If you are a Consumer:
Please note that we only provide our Site and Apps for domestic and private use. You agree not to use our Site or Appsfor any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect these legal rights.
11. Term & Termination
11.1
Styler may terminate or update these terms at any time and it is the consumer's responsibility to keep up to date and agree to any said changes.
11.2
If we determine, in our sole discretion, that your use of the Site/Apps/Services is in breach of these terms and conditions or of any applicable law or regulation, we may terminate your use or participation in the Site, Apps and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
12. Mobile Applications
12.1
If you access the Services via an App (mobile application), then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
12.2
You will not:
reverse engineer, decompile or otherwise try to discover the source code of the software/application unless you have first written to us requesting interoperability information and we have failed to provide you with that information or if we have failed to offer to provide you with interoperability information on reasonable conditions;
make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;
breach any applicable laws, rules or regulations in connection with your access or use of the application;
remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) posted by us or the licensors of the application;
use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
12.3
The following terms apply when you use a mobile application obtained from either the Apple App Store or Google Play Store (each an App Distributor) to access the Services:
The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
13. General
13.1 - Merger
These terms and conditions and any policies or operating rules posted by us on the Site, Apps or in respect to the Services constitute the entire agreement and understanding between you and us.
13.2 - Reservation of rights
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
13.3 - Damage
We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
13.4 - Servability
If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions.
13.5 - Relationship
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms and conditions or use of the Site, Apps or Services.
13.6 - Agreement
Except as stated under Mobile Application (Section 12), a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
13.7 - Legal Action
Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr. In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at [email protected].
13.8
BY ACCESSING THE Styler WEBSITE/APPS/SERVICES, YOU UNDERSTAND AND AGREE THAT YOU WILL ABIDE BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS THEN YOU MUST STOP ACCESSING THE Styler WEBSITE, APPS AND SERVICES IMMEDIATELY.