- 1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
- Event Outside Of Control: is defined in clause 8.2;
- Order: your order for the Services (as set out in your booking confirmation);
- Services: the services that the Therapist’s are providing to you as set out in the Order;
- Terms: the terms and conditions set out in this document;
- Therapist: the self-employed independent therapist that will perform the Services; and
- We/Our/Us: Zeebba Limited.
- 1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
- 2.1 These are the terms and conditions on which We arrange the supply of Services to you.
- 2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you accept and submit the Order. If you think that there is a mistake or require any changes, please go back and amend your Order.
- 2.3 When you accept and submit the Order to Us, this does not mean We have accepted your order for Services. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to arrange the performance of Services to you, We will inform you of this and We will not process the Order.
- 2.4 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order and/or We contact you that We are able to arrange the Services, at which point a contract will come into existence between you, Us and the Therapist.
- 2.5 If any of these Terms conflict with any term of the Order, these Terms will take priority.
- 2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
- 2.7 We do not provide any of the Services, and We are not a beauty service or beauty product provider. It is up to the Therapist to offer the Services. We have no responsibility or liability for any Services or products provided to you by such Therapist. Any arrangements you agree with the Therapist shall be subject to an agreement issued by Us to you and the relevant Therapist for completion prior to commencement of your booking for Services. The details of each booking will be confirmed in the Order.
3. CHANGES TO ORDER OR TERMS
- 3.1 We may revise these Terms from time to time in the following circumstances:
- a) changes in relevant laws and regulatory requirements
- b) and changes in business practices.
- 3.2 If We have to revise these Terms under clause 3.1 in between you placing the Order and the Services being completed, We will give you written notice of any changes to these Terms before they take effect. You can choose to cancel the Order in accordance with clause 9.
- 3.3 You may make a change to the Order for Services at any time before the Therapist has begun their journey to you by contacting Us. Where this means a change in the total price of the Services, We will notify you of the amended price. You can choose to cancel the Order in accordance with clause 9.1.
- 3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 9.
4. PROVIDING SERVICES
- 4.1 We facilitate the connection between individuals seeking to obtain beauty services and/or individuals seeking to provide beauty services.
- 4.2 We may check the backgrounds of the Therapists via third party background check services; we may check that they have appropriate professional indemnity cover; and may check that they are suitably skilled and experienced, however, we do not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such Therapists.
- 4.3 When interacting with the Therapists you should exercise caution and common sense to protect your personal safety and property.
- 4.4 By using Our platform, you agree that (to the fullest extent permitted by law) that Our responsibility for any liability, damage or loss that might arise out of the use of Our platform is limited.
- 4.5 We will not be liable, to the fullest extent permitted by law, for any claim, injury or damage arising in connection with your use of Our platform.
- 4.6 We do not provide the Services but do take responsibility towards consumers in terms of consumer contact, complaints, refunds, etc. In case of a dispute, We will mediate between the Therapist and you to reach an agreeable resolution. Any final decision we make in relation to a complaint or dispute will be binding on all parties.
- 4.7 The Therapists will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Of Control. See clause 8 for their responsibilities when an Event Outside Of Control happens.
- 4.8 We will need certain information from you that is necessary for Us to arrange the Services. Either We will contact you about this or the Therapist will speak to you about this. If you do not, after being asked by Us or the Therapist, provide this information, or you provide incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or either We or the Therapist may suspend or terminate the Services. Neither We nor the Therapist will be liable for any delay or non-performance where you have not provided this information to Us after being asked.
- 4.9 We may have to suspend the Services if We have to deal with technical problems, or to make improvements agreed between you and Us to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 4.9.
5. IF THERE IS A PROBLEM WITH THE SERVICES
- 5.1 In the unlikely event that there is any problem with the Services or Therapist:
- a) please contact Us and tell Us as soon as reasonably possible
- b) please give Us a reasonable opportunity to arrange for the problem to be remedied.
- 5.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care against the Therapist. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. PRICE AND PAYMENT
- 6.1 The price of the Services will be set out in Our price list in force at the time We confirm your Order. The prices may change at any time, but price changes will not affect Orders that have already been confirmed to you.
- 6.2 These prices include VAT where applicable. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
- 6.3 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount. We are under no obligation to process your Order unless you have made a cleared payment by the due date.
- 7.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time we entered into this contract. Our liability in this regard shall be limited to the value of the Order.
- 7.2 As We do not provide the Services to you we exclude Our liability in respect of the performance and quality of the Services to the fullest extent permitted by law. The Therapists carry their own professional indemnity insurance and the remedies available to you will be through that and the Therapist themselves only.
- 7.3 We are not obliged to assess the suitability, legality or ability of any the Therapists and you expressly waive and release Us from any and all any liability, claims or damages arising from or in any way related to the Therapist. We will not be a party to disputes, negotiations of disputes between you other than those mentioned under clause 4.6.
- 7.4 The quality of the Services (including related goods) performed through the use of Our platform is entirely the responsibility of the relevant Therapist who ultimately provides the Services to you. You understand, therefore, that by using Our platform, you may be exposed to Services or products that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you employ the Therapist at your own risk.
- 7.5 By placing an Order, it will be conclusive evidence that you agree that the exclusions and limitations of liability set out in these Terms are reasonable and applicable. If you do not think they are reasonable, you must not place an Order.
- 7.6 We do not exclude or limit in any way Our liability for:
- a) death or personal injury caused by Our negligence
- b) fraud or fraudulent misrepresentation
8. EVENTS OUTSIDE OF CONTROL
- 8.1 Neither We nor the Therapist will be liable or responsible for any failure to perform, or delay in performance of, any of Ours or the Therapists obligations under these Terms that is caused by an Event Outside Of Control.
- 8.2 An Event Outside Of Control means any act or event beyond Ours or the Therapists reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunication or transport networks.
- 8.3 If an Event Outside Of Control takes place that affects the performance of Ours or the Therapists obligations under these Terms:
- a) We will contact you as soon as reasonably possible to notify you; and...
- b) ...ours and the Therapists obligations under these Terms will be suspended and the time for performance of Ours and the Therapists obligations will be extended for the duration of the Event Outside Of Control. Where the Event Outside Of Control affects the Therapist’s performance of Services to you, the Therapist will restart the Services as soon as reasonably possible after the Event Outside Of Control is over.
- 8.4 You may cancel the contract if an Event Outside Of Control takes place and you no longer wish the Therapist to provide the Services. Please see your cancellation rights under clause 9. We will only cancel the order if the Event Outside Of Control continues for longer than 5 hours in accordance with the cancellation rights in clause 9.
9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
- 9.1 Before the Therapist begins to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because it is affected by an Event Outside Of Control or if We change these Terms under clause 3.1 to your material disadvantage:
- a) You may cancel any Order for Services at any time before the Therapist has begun their journey to you to perform the Services. We will confirm your cancellation in writing to you.
- b) If you cancel an Order under clause 9.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you in accordance with Our cancellation policy at 9.1(c) (Cancellation Policy).
- c) Cancellation Policy:
- (I) If you cancel the order 24 or more hours prior to the appointment time you will receive a full refund.
- (II) If You cancel within 24 hours prior to the appointment time you will not be entitled to any refund.
- 9.2 Once We have begun to arrange the Services, you may cancel the contract for Services with immediate effect by giving Us written notice if:
- a) We or the Therapist breaks this contract in any material way and We do not correct or fix the situation within 5 hours of you asking Us to in writing;
- b) We go into liquidation or a receiver or an administrator is appointed over Our assets; or
- c) We change these Terms under clause 3.1 to your material disadvantage.
10. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
- 10.1 If We have to cancel an Order for Services before the Services start:
- a) We may have to cancel an Order before the start date for the Services, due to an Event Outside Of Control or the unavailability of Therapists or key personnel or key materials without which We cannot arrange the Services. We will promptly contact you if this happens.
- b) If We have to cancel an Order under clause 10.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
- c) Where We have already started work on your Order for Services by the time We have to cancel under clause 10.1(a), We will not charge you anything and you will not have to make any payment to Us.
- 10.2 We may cancel the contract for the Services at any time and for any reason by providing you with at least 1 hours notice in writing prior to the agreed start time and date for the performance of the Services. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
- 10.3 We or the Therapist may cancel the contract for Services at any time with immediate effect by giving you notice if:
- a) you do not pay Us when you are supposed. This does not affect Our right to charge you interest under clause 6.3;
- b) you break the contract in any other material way and you do not correct or fix the situation within 1 hour of Us asking you to;
- c) you do not treat the Therapist’s courteously, appropriately or lawfully;
- d) you do not provide a safe or appropriate working environment for the Therapist in compliance with all applicable laws and regulations; or
- e) you do not provide reasonable co-operation to the Therapist to enable them to perform the Services.
11. INFORMATION ABOUT US AND HOW TO CONTACT US
- 11.1 We are a company registered in England and Wales. Our company registration number is 09474262 and Our registered office is at 869 High Road, London N12 8QA.
- 11.2 If you have any questions or if you have any complaints, please contact Us at firstname.lastname@example.org.
- 11.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Zeebba Limited at 869 High Road, London N12 8QA. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by email, by hand, or by pre-paid post to the address you provide to Us in the Order.
12. HOW WE WAY USE YOUR PERSONAL INFORMATION
- 12.1 We will use the personal information you provide to Us to:
- a) arrange the Services with the Therapist;
- b) process your payment for such Services;c) and inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us. We will not give your personal data to any other third party unless required to do so by law or a court or any other relevant authority.
- 12.2 We will not give your personal data to any other third party unless required to do so by law or a court or any other relevant authority.
13. OTHER IMPORTANT TERMS
- 13.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
- 13.2 This contract is between you, Us and the Therapist. No other person shall have any rights to enforce any of its terms.
- 13.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect and the offending paragraphs shall be accordingly limited to place them in a position of full force and effect.
- 13.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
- 13.5 These Terms are governed by English law. You, We and the Therapist all agree to submit to the exclusive jurisdiction of the English courts.