Professional Terms and Conditions

Get Me Pampered Limited Professional Terms and Conditions

1. Introduction

• Get Me Pampered Limited (company number: 11084446) whose registered office is at 8 King Edward Street, Oxford, OX1 4HL (“we”, “our”, “us”) provides access to an online site connecting hairdressing and beautician professionals with users seeking hair and/or beauty services. We provide booking and payment services via our site to enable our clients (“you”, “your”) to meet their requirements effectively.
• You agree that any use of our site by you and the provision of access to our site will be strictly subject to these terms and conditions (“Terms”) and you agree to be bound by these Terms, including any amendments to the Terms from time to time.
• You agree and acknowledge that Users shall have access to the Website and shall be able to view your Profile for the purpose of making a Booking. We provide no warranty or assurance as to the identity or suitability of any User nor do we guarantee any Bookings. We shall facilitate a platform for a User to view the services detailed in your Profile and to complete a Booking.

2. Interpretation

The definitions and rules of interpretation in this clause apply in these Terms:

Booking: a booking made by a User via the Website for the purpose of receiving User Services;

Commission: commission is payable by you to us on any Booking made by a User, at a rate of 22% of the total amount payable by the User in connection with such Booking;

Data Protection Legislation:  (i) for so long as it continues to apply, the Data Protection Act 1998, (ii) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (iii) any successor legislation to the GDPR or the Data Protection Act 1998;

Account Period: the period during which these Terms shall apply and during which you shall have access to the Website in accordance with these Terms;

Profile: a personal profile that you shall be entitled to create on the Website during the Account Period, in order to advertise User Services;

Transaction Charges: transaction fees charged by the Provider (as defined in term 6.1 below) not to exceed 3.5% (UK payment cards) or 5% (non-UK payment cards) of the total amount payable by a User in connection with a Booking whether charged to us as administrator or you as seller;

User: a user with access to the Website in order to search for User Services;

User Services: the provision of hairdressing, beauty and spa services by you to Users;

VAT: Value added tax or any equivalent tax chargeable in the UK or elsewhere; and

Website: our website at any time and from time to time, currently called Get Me Pampered and at https://getmepampered.com and including all databases, software, domain names, infrastructure, products and services that we market for use by Users to search and book for User Services. Website includes all future versions and replacements of, and successors to, the site.

• A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
• A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

3. Duration
   • These Terms shall apply to you with effect from the commencement of your acceptance of these Terms and shall continue until terminated in accordance with clause 11 (Termination).
4. Our obligations
   • We shall operate and maintain the Website.
   • Subject to these Terms, we shall provide you with access to and use of the Website in accordance with these Terms and other terms and conditions, policies and procedures from time to time.
   • We may at any time without notice to you:
     • change the name of the Website; and
     • target the Website at potential users in such additional country or countries as we choose, provided we maintain that part of the Website that is directed at the UK.
   • This agreement is non-exclusive and does not prevent or restrict us from entering into similar or different agreements with third parties (including but not limited to other service providers). We make no warranty or representation that these Terms are similar to or the same as the Terms we have entered or may enter into with any third party.
5. Your obligations
   • You shall be responsible for developing, operating and maintaining the content in your Profile (including but not limited to all materials that appear on it) and shall ensure that such content complies with these Terms and any other terms and conditions we may notify to you from time to time, including without limitation charging at our recommended rates for all services (as varied from time to time). In particular, but without limiting the generality of the foregoing, you shall be responsible for:
     • compliance with any restrictions on the content to be included in your Profile;
     • ensuring that the User Services advertised on your Profile and the charges, as set by us for such services are stated, clear and accurate in all respects;
     • ensure that your appointment calendar on the website is kept up to date so that appointments booked are available and can be accepted and delivered by you on time; and
     • compliance with all applicable laws and regulations relating to the content of your Profile and any information you may receive from us or via the Website generally (including but not limited to compliance with all Data Protection Legislation).
   • You shall also be responsible for:
     • co-operating with in all respects with these Terms;
     • complying with all applicable laws and regulations with respect to your activities under these Terms and the provision of User Services;
     • ensuring that you have all necessary licences, consents and authorities in place to enable you to provide the User Services to Users which are marketed on your Profile (including but not limited to a DBS check) and that you shall maintain any such licences, consents and authorities for the duration of the Account Period;
     • notifying us as to any cancellation, revocation or non-renewal of any necessary licences, consents and authorities referred to in clause 2.3 above;
     • ensuring that you have in place and shall maintain throughout the duration of the Account Period any insurances necessary or desirable in connection with the provision of the User Services and to provide evidence of such insurances to us promptly on our request;
     • ensuring that any User Services provided to Users as a result of a Booking are carried out with all reasonable care and skill, including without limitation ensuring all health considerations and protective procedures are followed, and that you shall notify us promptly in the event you receive notice of any complaint or claim from a User;
     • ensuring that no additional services are marketed on your Profile other than User Services (you may only use our Website to advertise User Services);
     • ensuring that all equipment and materials used by you in the provision of User Services are in good working order, are maintained and are suitable for the User Services being marketed on your Profile; and
     • providing access to such information as may be reasonably requested by us from time to time (including but not limited to forms of identification for you (or if a company, the directors and shareholders of such company) to our reasonable satisfaction) and you shall ensure that any information provided to us is full, complete and accurate in all material respects.
   • You shall notify us promptly of any change in your contact or address details or any details provided pursuant to clause 2.9 above and shall duly complete all relevant forms requiring completion by any taxation or other government authority in relation to your activities under these Terms.
   • You acknowledge and agree that you have no authority to legally bind us in relation to Users, other users or anyone else and that you have not been appointed and are not the agent of us for any purpose. You agree that you shall not make to anyone any representation or commitment about us, the Website or any of the products or services available to be booked on the Website. Save for providing access to the Website and facilitating a Booking, we shall have no responsibility in respect of the provision of the User Services by you to a User and we shall accept no liability in the event of a User complaint or claim in connection with any User Services.
   • In the event of any delays in your provision of assistance as agreed by each of us, we may adjust any dates for performance or delivery provided to you as we deem reasonably necessary.
   • You agree that all use of our Website will be strictly subject to and in accordance with our Website Terms and Conditions and you agree that you will comply with such terms.
   • You may only register an account for the Account Period with our Website and use our Website in accordance with these Terms if you are at least 18 years old.
   • You may be called in for a trade test at any point during your Account Period with us.
   • You may be required to undertake trainings or seminars with us at any point.
   • At such time as we have a branded t shirt and notify you that you can order then you will order our branded t shirt to wear when undertaking our bookings but you shall not use the t shirt for any other purposes. The t shirt will be provided by a third party fulfilment company and you consent our using your personal data for such purposes.
6. Bookings
   • We shall make available to Users a facility on our Website which will enable them to make a request for a Booking for the provision of User Services by you and you shall keep your content and diary up to date at all times so Bookings can be delivered in a timely fashion and in accordance with the User’s Bookings. The booking process via the Website shall direct Users to a third party provider (“Provider”) to facilitate card payments relating to your provision of User Services to Users to be split between you and us as provided hereunder. We may share your personal or transactional information with the Provider (including but not limited to your Personal Data (as defined in Data Protection Legislation) when we deem it necessary to process payments under these Terms. We shall be entitled to change the Provider from time to time. The Provider may deduct Transaction Charges and will deduct our Commission from payments made by Users in respect of Bookings before remitting the balance of such payments to you in accordance with the Provider’s usual payment terms, including without limitation terms in relation to any disputes between Users and you concerning delivery of the User Services.
   • On the commencement of your approval as a Service Provider with Us and your account set up with us, you will be required to connect your bank account with the Provider for the purpose of processing payments in connection with Bookings under these Terms and you shall maintain such account during and whilst a Service Provider with us and until all Bookings have been fulfilled. You shall be responsible for ensuring the information provided in respect of your account with the Provider is maintained and kept up to date at all times. By using a third-party service, you may also be subject to an agreement with the Provider, which shall be separate to these Terms. You agree and acknowledge that you shall irrevocably authorise the Provider to liaise with us during your service provider account with us in connection with any payment made in respect of a Booking and to authorise the Provider to forward any Commission due to us directly in respect of a Booking.
   • Payment of the charges payable for the relevant User Services shall be taken from the User via the Provider at the time of your acceptance of the booking.
   • In the event a User makes a request for a Booking, you shall receive an email notification of such request from us. You shall be under an obligation to accept a Booking if it was showing as available on your calendar on the Website. In any event, you agree that you shall accept the request for a Booking as soon as practicable after the notification of a Booking request has been sent to you, confirming whether you wish to accept or reject the Booking request. In the event you accept a Booking request, payment made by the User shall be transferred by the Provider to you less our Commission and the Transaction Charges due to the Provider in respect of the payment. If you reject a Booking request, you shall not be entitled to receive payment for the User Services to be provided.
   • In the event a Booking has been made by a User and has been accepted by you but either a User or you notifies us of a cancellation of such Booking not less than 24 hours before the relevant User Services are due to be provided by you, the User shall be entitled to a full refund for the Booking (less Transaction Charges and any other charges applied by the Provider in the case of a cancellation by a User). If you have cancelled or missed the Booking, you shall be responsible for any administrative fees and other charges applied by the Provider together with a full refund of the amount received for the Booking (including the Commission) to the User within 5 Business Days of receiving notice of such cancellation and shall reimburse the User accordingly via the Provider or us. In the event of a User cancellation pursuant to this clause 6.5, we shall forward our commission pursuant to this clause 6.5, we shall forward the Commission received by us in respect of the Booking to the Provider and you shall be required to refund the full amount of the payment received for the Booking to the User via the Provider or us as soon as practicable and in any event within 5 Business Days of receiving notice of such cancellation. If notice of cancellation is not received from a User within the period referred to in this clause 5, the payment made by the User for the Booking shall be non-refundable. If you have accepted a Booking pursuant to clause 6.4 above but fail to provide the User Services (other than pursuant to a cancellation under this clause 6.5), or if notice of cancellation is not received from you within the period referred to in this clause 6.5, or you are more than 20 minutes late in providing the User Services on the agreed date, the User shall be entitled to a full refund for the booking from you (to include any administrative fees and other charges applied by the Provider) in accordance with this clause 6.5.
   • In the event you fail to refund the full payment for a Booking pursuant to clause 5 above within the required timescale (save in the event we have failed to return the Commission to the Provider in respect of such Booking as detailed in clause 6.5), we shall be entitled to terminate these Terms immediately upon written notice to you and the provisions of clause 11.4 shall apply.
   • We shall not be acting as agent for you, nor shall we be responsible for any acts or omissions of you in providing User Services to a User. You confirm and acknowledge that the provision of the relevant User Services is your sole responsibility.
   • You acknowledge and agree that you shall have no entitlement to receive the Commission and that the Commission due to us shall be deducted in full from any payment made by a User under a Booking. In the event the Commission is transferred to you by the Provider you agree to promptly forward the amount of the Commission due to us in full promptly and in any event within 5 Business Days of receiving such payment.
   • You acknowledge and agree we may invoice you for all and any Transaction Charges relating to payments from us or Users to you that may be deducted from our account with the Provider, and you agree to pay us in respect of such invoice in full promptly and in any event within 5 Business Days of receiving such invoice.
   • We shall accept no liability for any error or delay which is attributable to the Provider in connection with a Booking or any payment in respect of the same, nor shall we have any responsibility in connection with the payments process managed by the Provider. We do not provide any warranties, representations or assurances in respect of the Provider.
   • You agree that you shall not approach any Users directly and that all communications with Users shall be managed via the Website. In the event a User approaches you directly in respect of any User Services during your time as a Service Provider with us, you agree and acknowledge that you shall notify us promptly and that Commission shall be payable to us at a rate of 22% of the total amount payable to you in respect of the User Services provided to the User notwithstanding a Booking was not made via the Website. You shall pay any Commission due to us pursuant to this clause 6.11 promptly upon receipt of payment by the respective User and in any event within 5 Business Days of receipt by you of payment from the User.
   • If you or any User has a query in connection with a Booking or need to contact each other (for example, if you are delayed on your way to provide the User Services or there is an emergency), any such queries shall be communicated between you and the respective User via the Website. If you need to re-schedule the date agreed within a Booking for the provision of User Services, you shall use all reasonable endeavours to agree an alternative date with the respective User via the Website. The User will then need to cancel the booking and rebook for the new date.
   • You acknowledge and agree that no payments are due to you under these Terms otherwise than as expressly set out in these Terms. In particular, we shall not be responsible for any expenses or other costs incurred in the performance by you of User Services pursuant to a Booking (for example, if you are to travel to a User’s home).
   • We reserve the right to offer website wide promotions, offers and discounts from time to time.
   • All sums payable under these Terms are exclusive of VAT and if VAT is chargeable it shall be paid in addition.
7. Proprietary rights
   • You acknowledge and agree that we and our licensors own all intellectual property rights in the Website and the content included on the Website (save for any content which is owned by a third party). Except as expressly stated herein, these Terms do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences belonging to us. All such rights are reserved to us.
   • You agree that we shall be entitled to place your trade mark(s), domain name(s), logo(s) or branding on our Website for the duration of the period of your account with us, provided always that you have requested such content to be included (or have already included such content) on your Profile (in which case you shall be deemed to have given consent to the use of such rights on our Website generally during term of the account Period).
8. Confidentiality
   • Each of us agrees that we shall not at any time, disclose to any person any confidential information concerning each other’s business, affairs, customers, clients or suppliers (or of any member of the group of companies to which each of us belongs), except as permitted by clause 8.2 below.
   • Each of us may disclose the other’s confidential information:
     • to our respective employees, sub-contractors, officers, representatives or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under or in connection with these Terms. We shall each ensure that our employees, sub-contractors, officers, representatives or advisers to whom either of us discloses the other’s confidential information comply with this clause 8; and
     • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
   • Neither of us shall:
     • use the other’s confidential information for any purpose other than to exercise our respective rights and perform our respective obligations under or in connection with these Terms; or
     • be responsible for any loss, destruction, alteration or disclosure of confidential information caused by any third party.
   • The provisions of this clause 8 shall not apply to any confidential information that is or becomes generally available to the public (other than as a result of its disclosure by the receiving party or our respective employees, officers, representatives or advisers in breach of this clause 8).
   • This clause 8 shall survive termination of the Terms however arising.
9. Indemnity
   • You agree to compensate us and to reimburse us in full against all and any liabilities, damages, expenses, costs and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) sustained or incurred by us arising out of or in connection with:
     • any breach by you (of any of these Terms); or
     • any claim made against us by a third party (including but not limited to any Users) arising out of, or in connection with, these Terms or any User Services provided by you to Users.

10. Limitation of liability
    • Our liability to you in respect of these Terms will be limited to any error in relation to the Booking itself (for example, processing a Booking for the incorrect date), save for any error in the Booking attributable to a User or you (including but not limited to any inaccurate or incomplete information provided by a User).
    • We do not accept any liability for any damage, loss or injury (save as set out in clause 10.5 below) to you or any User, including but not limited to any injury to you or damage to any of your vehicles or possessions in attending a User’s premises (or any other premises) to perform User Services.
    • We shall not be liable to you whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent), 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 these Terms.
    • Any liability we may have to you under these Terms (including any Booking), whether in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise will in any event be limited to the amount of commission paid under the Terms by you to us during the 3 months preceding the date on which the claim arose.
    • Nothing in these Terms seeks to limit or exclude our liability for death or personal injury which is caused by our negligence or for any other matter which we are not permitted by law to limit or exclude.
    • All warranties, representations, conditions and terms of any kind expressed or implied whether by statute, common law or otherwise are excluded to the fullest extent permitted by law. In particular, we do not give any warranty, representation or assurance to the suitability, identity or otherwise in respect of any User, nor do we guarantee a minimum amount of Bookings under these Terms.
    • In the unlikely event that you do have an issue in respect of a Booking or these Terms generally, we would request that you please contact us immediately and we will provide you with reasonable assistance with addressing and remedying the issue.
11. Termination of Terms
    • On the termination of these Terms with you, both of our accrued rights, remedies, obligations as at termination shall be unaffected, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination.
    • We may terminate these Terms and shall be entitled to deactivate your Profile with immediate effect on written notice at any time if we discontinue the Website. We will endeavour to give you as much notice of the same as reasonably practicable, but any such termination will be without liability to
    • Without prejudice to any other rights or remedies to which we may be entitled:
      • you may terminate these Terms by serving not less than 3 month’s written notice on us providing that you do not have any pending bookings beyond this notice period;
      • we may terminate these Terms and shall be entitled to deactivate your Profile with immediate effect without liability to you if:
        • you fail to pay any sums when they fall due under these Terms or you otherwise breach any of these Terms or in our reasonable opinion are not performing to an acceptable standard;
        • you suffer an insolvency event or you (1) suspend, or threaten to suspend, payment of your debts (2) are unable to pay your debts as they fall due or (3) admit inability to pay your debts or (being a company or limited liability partnership) or (4) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986; or
        • you are subject to a change of control within the meaning of section 1124 of the Corporation Tax Act 2010.
      • On termination of these Terms for any reason:
        • all licences and benefits granted under this agreement shall immediately terminate and you shall cease to have any access to the Website;
        • you shall return and make no further use of any equipment, property, materials and other items (and all copies of them) belonging to us and cease to use any clothing, equipment or other materials bearing our trademarks or logos; and
        • our respective accrued rights as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.

12. Force majeure

We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure result from events, circumstances or causes beyond our reasonable control (including but not limited to any circumstances outside of our control relating to the use of and access to the Website). In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for two months or more, either of us may terminate these Terms by giving 21 days’ written notice to the other.

13. Data Protection
    • You acknowledge and agree that any Personal Data (as defined in Data Protection Legislation) which you upload to your Profile or otherwise provide to us may be shared and/or otherwise made available on the Website for the duration of your Account Period. You agree that you have read and agree with the terms of our privacy policy (a copy of which can be found on the Website).
14. General

Waiver

• No failure or delay by either of us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Rights and remedies

• The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.

No partnership or agency

• Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between us, constitute either of us as the agent for the other, nor authorise either of us to make or enter into any commitments for or on behalf of the other.

Assignment

• Neither these Terms nor any rights or obligations under these Terms may be assigned or licensed by you to any person.
• We may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of our rights and obligations under these Terms.

Entire agreement

• These Terms (along with any documentation supplied by us in connection with the Website and your Profile) supersede all prior agreements, arrangements and undertakings between us and you and shall constitute the entire agreement between us in relation to the subject matter of these Terms. You confirm that you have not entered into agreement with us on the basis of any representation that is not expressly incorporated into these Terms.

Severance

• If any provision of these Terms is or becomes invalid, illegal or unenforceable, the provision will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances or the validity or enforcement of these Terms.

Variation

• We reserve the right to modify these Terms, including the amount of the Commission, at any time and without prior notice. We may exercise such right at our sole discretion. If we modify the amount of the Commission, we shall notify you in writing as soon as practicable and in any event within 5 working days of such change.
• If we modify these Terms, we will update the Terms listed on our website and we will also include the date on which the Terms were last updated at the bottom of the Terms.

Rights of third parties

• The Contracts (Rights of Third Parties) Act 1999 will not apply to these Terms and no party other than we or you may enforce any provision under such Terms.

Applicable law and jurisdiction

• These Terms will be governed by the laws of England and Wales and the English courts will have exclusive jurisdiction in relation to any dispute with respect to the subject matter or construction of these Terms.

Contacting us

• You can contact us by emailing us at professionals@getmepampered.com and we will endeavour to deal with any questions you may have.

These Terms were last updated on 22nd February 2022