© 2018 DollyGlam Ltd
Thank you for accessing our Service at www.dollyglam.com (the “Website“) or through the DollyGlam ‘booking’ application on your mobile device. Please
read this Agreement carefully as it governs your use of the Service. Do not use the Service unless you wish to be bound by this Agreement because, by
clicking ‘Next’ during the sign-up process and/or by signing-up to one of our membership plans over the telephone and/or continuing to use any part of
the Service, you confirm your acceptance of this Agreement (which also includes the Privacy Policy, Payment Terms and MUA Code of Conduct).
Please note that if you wish to access or use the Service as a Business Owner or Client then you must read and accept the “Client User Agreement”
which is accessible here.
The Service is for use in the United Kingdom only. You must not access the Service from any other jurisdiction. You are responsible for all compliance with
laws and regulations which apply to you.
This Agreement was last modified on 26
th
January 2018.
1.
Definitions
2.
Clients and Projects
3.
Service Content
4.
Use of the Service
5.
Payments
6.
Member benefits premium
7.
Links and User Content
8.
Use of Information
9.
Arrangements with Clients
10.
Qualifications and Certification
11.
Ask an Expert
12.
Intellectual Property Rights
13.
Indemnity
14.
Limitation of Liability
15.
Our Rights
16.
General
Definitions
We are DollyGlam Ltd. Our registered company number is 11171169 and our registered office is at The Coach House, Powell Road, Buckhurst Hill, Essex,
IG9 5RD. Where we refer to ourselves in this Agreement, this is also taken to include (where the context allows) our group companies, affiliates, and our
and/or their employees, associated and contracted persons, and persons supplying services to us or them. You can contact us via our online contact
form.
Where we refer to you in this Agreement, this also includes any person that accesses or uses our Service on your behalf in order to receive information
which will assist them in securing Projects with Clients.
The “Agreement” includes the terms set out here, the Privacy Policy, Payment Terms, and Business Code of Conduct as made available via the internet
and/or our “Apps” from time to time. Our “Apps” are the DollyGlam ‘booking’ application and any other application that we release (each as modified
and/or updated by us from time to time). When you sign up to receive our services, we will provide a “Membership Confirmation“, which confirms that we
will provide the Service to you in accordance with this Agreement. We may issue this to you in electronic or hard-copy format. There will also be a tariff of
charges applicable to your membership level as set out in the Membership Confirmation.
The “Service” consists of the Website, our Apps, any pages we operate on third party social media applications, and the content and services we make
available through them via the internet, mobile devices including smart phones and tablets, and/or interactive television devices and services, together
with the provision by us of associated information, products and services by e-mail, telephone, fax or mail.
Any person using the Service to publish details of projects for which they invite tenders from MUAs through the Service (“Projects“) is referred to in this
Agreement as a “Clients” and any information they upload or provide to you, and all information relating to them, is referred to as “Client Information“. As
part of receiving the Service, you may from time to time upload information to the Service or otherwise provide us or other users of the Service with
information relating to you, your employees and/or your subcontractors (including by communicating via the Communities) (“MUA Information“). “MUA” a
consultant using the Service to promote its business.
back to top
Clients and Projects
It is your responsibility to determine whether you wish to be considered for or undertake any Project or deal with any Client. We do not vet Clients or their
Projects on behalf of our users, and we will not be liable to you in respect of any Project or relationship with any Client in any way. We therefore
recommend that you carefully assess each Project and carry out whatever lawful checks you consider appropriate in relation to any Client before
undertaking any work for them.
back to top
Service Content
The vast majority of the material on the Service originates from our users, and we rely on Clients to accurately describe their Project requirements. We
have little or no editorial control over the material and we therefore cannot guarantee the accuracy, timeliness, completeness, performance or fitness for
any particular purpose of the material available through the Service. We cannot accept responsibility for errors, omissions, or inaccurate material available
through the Service, and make no warranty that the Service will be uninterrupted or error free, or that any defects will be corrected.
Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Service will be free of viruses or other malicious code and accept no
liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-virus software to
protect your equipment and data.
Any material you obtain from the Service is used at your own risk, and we will not be liable for any loss or damage arising out of or in connection with
access or use of the Service (except to the extent that such liability cannot be excluded by law).
back to top
Use of the Service
You may not tender for any Project which is not legal or which may not legally be performed by you.
A core purpose of the Service is to connect Clients to genuine experts who wish to undertake Projects for those Clients. The Service is therefore not for
use by members who do not intend to carry out and ensure successful completion of each Project they accept. You therefore agree that you will not in
any circumstance:
use the Service for the purpose of reselling, exchanging or purchasing or otherwise obtaining leads from other consultants;
pose as a Client and post fake Projects whether for purposes of identifying potential consultants in your area with whom you may wish to work, or in order
to receive information from other consultants about their businesses and Project proposals, or for any other purpose whatsoever.
You agree that you will not use subcontractors on any Project without the prior consent of the relevant Client. You are responsible for ensuring that you
and your subcontractors are legally entitled to tender for and perform any Project for which you tender or accept. By using subcontractors on Projects
obtained via the Service, you agree to procure that each of your subcontractors will also comply with the terms of this Agreement as if it were a party to it.
You also acknowledge that you will be responsible to us and to all Clients for the acts and omissions of your subcontractors.
We will not be a party to any contract made between you and any Client and therefore we shall not be liable for any loss or damage that results from any
dealings between you and any Client including but not limited to any direct, indirect or consequential or inconsequential loss of any kind.
You agree not to use the Service in any unlawful manner and in particular shall not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
publish, post, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful
material;
post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;
post any corrupted files, files that contain viruses, or any other code that may damage the operation of a computer or other electronic device;
conduct or forward surveys, contests other than in Communities (as defined below) intended for such uses, and shall not forward pyramid schemes or
chain letters;
download any file Posted by another user of a forum that the user knows, or reasonably should know, cannot be legally distributed in such manner;
impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the
original or source of software or other material contained in a file that is Posted;
cause the Service to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Service is in any way impaired;
or
restrict or inhibit any other user from using and enjoying the Service.
You agree that you will (and will ensure that your subcontractors will) comply with:
the Privacy Policy;
the Payment Terms; and
the MUA Code of Conduct
We may notify you of Projects from time to time, but we are not under any obligation to do so. Further, because Clients retain the right to change or
withdraw their Project from our Service, we are unable to give any warranty as to the availability or suitability of a particular Project. We do not review or
confirm the accuracy of all details provided to us by Clients, and we therefore cannot guarantee that all leads include correct and complete information.
Further, we cannot guarantee that any leads generated using the Service will result in business for you, and no refund is offered in the event that you do
not obtain business from the leads generated.
back to top
Payments
You agree to pay the fees (15% flat rate) for using the Service in accordance with the Payment Terms and as more specifically set out in the tariff of
charges in the Membership Confirmation (Memberships are currently free as of 1st January 2018).
back to top
If you’ve subscribed to one of our new annual tariffs, you’ll have access to member benefits premium service (the “benefits service”). If you already have
an annual membership with us, you can contact our team to discuss how to get access before your account comes up for renewal. The benefits service
allows members to access offers and discounts with leading UK stores and service providers. To use the benefits service, you must register for it and
comply with the benefits service terms and conditions. In addition, your use of the benefits service is subject to the following terms and conditions:
we may suspend or withdraw the benefits service, or replace it with another service, at our discretion at any time
the benefits service is provided by Huddlebuy Ltd (T/A “Perkbox”) (“Perkbox”), which has its offices at 22 Tudor Street, London EC4Y 0AY. You
understand that Perkbox may change, suspend or withdraw any of the discounts and offers or other services it makes available at any time at its
discretion, and that Perkbox is entirely responsible for the delivery of the benefits service to you
you accept and agree that we have no liability to you or any other person in respect of the benefits service or any failure by Perkbox to provide it to
you
your right to use the benefits service is personal and non-transferable, and you may not make it available to any other person
your right to use the benefits service will terminate automatically if you cease to maintain your annual membership of DollyGlam or we terminate
our relationship with you or this agreement expires for any reason.
Links and User Content
It is not possible for us to review all websites which are linked to from the Service (or link to the Service), and you should therefore take care when
following any link. We cannot accept liability for any loss or damage that may be suffered as a result of following any links. You agree not to Post links to
any websites.
The Service contains discussion forums, bulletin board services, chat areas, communities and/or other message or communication facilities (collectively
“Communities”). Although our hope is that all users will use the Service responsibly, and we require all users to ensure that all content that they post on
the Service is lawful, we are not responsible for reviewing or policing user content and so it is possible that Communities may carry offensive, harmful,
inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabelled or are otherwise deceptive. We urge you to
exercise proper judgement and to use caution and common sense when using Communities. We do not control the information delivered to the
Communities, and have no obligation to monitor the Communities.
You are responsible for your own communications and for any consequences arising out of them. The Communities are intended to allow users to send
and receive messages and material that are legal, proper and related to the particular Community, and you agree that you shall use them only for this
purpose.
We do not guarantee the truthfulness, accuracy, or reliability of any communications Posted in the Communities or endorse any opinions expressed in the
Communities. You should take all due care in relying on material Posted in the Communities, as this is done at your own risk.
It is important for you to note that all Communities are public, and that others may read communications made via the Community without the author’s
knowledge. Always use caution when giving out any personally identifying information about yourself in any Community, and do not give personally
identifying information about any other person unless entitled to do so.
back to top
Use of Information
You are solely responsible for the content, accuracy, and completeness of the MUA Information, and agree only to provide true, accurate, current and
complete information. You also accept all liability arising out of or in connection with your processing and transmission of the Client Information.
You acknowledge that we may edit, modify or remove any parts of MUA Information which we consider is in breach of any of the provisions of this
Agreement, and/or suspend or terminate your access to the Service without notice.
By providing MUA Information you grant to us a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, reproduce, modify, publish, edit,
translate, distribute, perform, and display the material alone or as part of other works in any form, media, or technology whether now known or hereafter
developed, and to sub-license such rights through multiple tiers of sub-licensees. The foregoing grants shall include the right to exploit any proprietary
rights in such materials, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You also
waive any moral rights you have in the materials. Do not Post any materials on the Service that you would not want us to use in this way.
We check the information that you provide on registration and during your continued use of the Service. You acknowledge and agree that we may at any
time request verification and identity and address documents and information from you in order to complete our fraud prevention and identity and
address verification checks which we carry out from time to time. We reserve the right to terminate the provision to you of the Service or restrict your
access to the Service at any time in the event that you fail to provide all of the requested verification and identity and address documents within the
requested timescale or if you do not pass our fraud prevention or identity verification checks.
You consent to information about the device you use to access the Service and verification, identity and address documentation being collected and
processed for fraud prevention purposes and we may use third parties (and information they provide) to help us prevent fraud or unauthorised access to
our Service.
You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your MUA Information) from
the Service without our prior written permission.
To the extent that we provide you with Client Information, you agree that you shall:
treat the Client Information as confidential and not share the information with any other person;
only use the Client Information for the purpose of contacting them in relation to the particular Project for which you were provided with the
information, and for no other purpose whatsoever;
at all times and in all respects comply with data protection law.
back to top
Arrangements with Clients
Our rating system is designed to provide Clients with independent feedback on the quality, value and reliability of MUAs Furthermore, your willingness to
be rated may provide Clients with a level of confidence regarding the Trade Business’ ability. A key reason that Projects are made available through the
Service is that Clients are able to read reviews by your previous customers. You therefore agree that your performance in carrying out each Project may
be rated and reviewed by the applicable Client and that the ratings and reviews will be published on the Service.
Should you (or any of your subcontractors) have a dispute with a Client, you must address such dispute directly to the Client concerned. However, you
agree to notify the details of the dispute to us as soon as reasonably practicable.
We may decide to investigate any grievances held by you or by Clients and may discuss any such investigation with all involved parties. We may take any
lawful action we deem necessary in the event of a grievance, but likely outcomes of a grievance investigation include:
you and the Client being allowed to continue using the Service;
your and/or the Client’s access to the Service being suspended for a period of time;
your and/or the Client’s access to the Service being terminated and banned for a definite or indefinite period.
In the event of a suspension or termination, no further fees shall accrue to the extent that access to the Service is suspended or terminated. However, any
fees already accrued shall become immediately payable.
Save as provided above, we cannot be involved in your dealings with Clients and, in the event that you have a dispute with one or more Clients, you
hereby release (and shall procure that your subcontractors release) us from any and all claims, demands and damages of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
back to top
Qualifications and Certification
Where you advise us that you (or your subcontractors) are certified, we may verify the relevant certification. However the validity of the certificate always
remains your responsibility.
back to top
Ask an Expert
We may invite you to participate in Ask an Expert if you are a member of DollyGlam and have received a total of 5 or more ratings from our Clients, with
an average rating from our Clients of 4.5 stars or above. Your most recent 2 ratings from Clients must also be 4 stars or higher at the point which you are
invited to join. This is a question and answer panel in which Clients can ask questions on the Service relating to professional beauty tips for experts to
answer. If you agree to take part in this as an expert, then you agree that you are responsible for the advice, information or comment you provide and that
you are acting in your capacity as an independent MUA. In so doing, you agree that you shall use all due care and skill when Posting advice, information
or comment.
You agree to indemnify us for any loss, damage and expense of any kind (including reasonable legal fees and costs) suffered or incurred by us in
connection with any actual or threatened claim or allegations by any person arising in connection with any advice or information you provide, or comment
that you make.
back to top
Intellectual Property Rights
You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Service and any
part of it (the “Rights“), including the manner in which the Service is presented or appears and all information and documentation relating to it is our
property (or that of our licensors), and nothing in this Agreement shall be taken to transfer any of the Rights to you.
Solely for the purposes of receiving the Service, we hereby grant to you for the period during which the Service is provided a non-exclusive, non-
transferable, licence to use the Rights.
back to top
Indemnity
It is your responsibility to ensure that you are entitled to provide the MUA Information and you therefore agree to indemnify us against any and all
expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by us in connection with any actual or threatened claims
of any kind (including without limitation any claim of trademark or copyright infringement, defamation, breach of confidentiality, false or misleading
advertising or sales practices) arising from your (or your subcontractors’) provision of MUA Information or arising from your (or your subcontractors’) use of
the Service.
We shall indemnify you against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by you in
connection with any actual or threatened claims of any kind (including without limitation any claim of trademark or copyright infringement, defamation,
breach of confidentiality, false or misleading advertising or sales practices) that any material on the Service generated and uploaded by us infringes the
intellectual property of any third party.
back to top
Limitation of Liability
Notwithstanding any other provision, nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury caused by that
party’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
If you are dissatisfied with the Service, or the terms of this Agreement, your sole remedy under this Agreement shall be to discontinue use of the Service.
In the event that your dissatisfaction arises due to an act or omission by us constituting a material breach of this Agreement, you may also claim a refund
of the fees paid by you in consideration for the Service in the twelve months prior to the occurrence of the circumstances constituting such material
breach. If you register as both a Client and as a MUA then the aggregate cap in this Agreement shall apply – the caps shall not be cumulative.
Other than as set out above in this Limitation of Liability section, and notwithstanding any other provision of this Agreement, we shall not be liable in
contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any loss or damage whatsoever arising from or in any way connected with
this Agreement.
We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss
(even where we have been advised of the possibility of such loss or damage).
Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common
law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
We cannot guarantee the day or time that we will respond to any email, telephone or written enquiries or Website form submissions.
Each of the provisions of this Clause shall be construed separately and independently of the others.
back to top
Our Rights
We reserve the right at all times to edit, refuse to post, or to remove from the Service any information or materials for any reason whatsoever, and to
disclose any information we deem appropriate to satisfy any applicable law, regulation, legal process, police request or governmental request.
We reserve the right to terminate the provision to you of the Service or restrict your access to the Service at any time without notice for any reason
whatsoever (provided that no further fees shall accrue for the terminated Service after the date of such termination). If we terminate the provision to you
of the Service under this paragraph:
if you have pre-paid for a period of the Service extending beyond the termination date, we shall refund you a pro-rata amount in respect of the pre-paid
fees for that period save that we shall be entitled to deduct an amount equivalent to the value of any Lead Credits which have been included in your
Membership Plan for such period which you have spent prior to the date of termination; and
if you have selected a Minimum Term Membership Plan, you will not have to pay Membership Fees to cover the period from the date of termination until
expiry of the Minimum Term. Membership Fees, Minimum Term and Minimum Term Membership Plan shall have the meanings given to them in the
Payment Terms.
Without prejudice to the generality of the above, we reserve the right to terminate the provision to you of the Service or restrict your access to the
Website at any time immediately on giving you notice:
in the event that you are or we suspect you to be in material breach of any term of this Agreement (which shall include, without limitation, where
payments due from you are overdue by 14 days or more) which is either irremediable or, if it is remediable, you do not remedy it within 7 days of us
notifying you of the breach;
if you file for bankruptcy or are bankrupt, go into liquidation (whether compulsory or voluntary) otherwise than for the purposes of a bona fide
amalgamation or reconstruction, or an administrator or receiver or similar officer is appointed over the whole or any part of your assets, or you enter into
any arrangement for the benefit of or compound with your creditors generally, or threaten to do any of these things, or any judgment is made against you,
or any similar occurrence under any jurisdiction affects you; or you cease or threaten to cease to carry on business; and/or
in the event you breach, or we reasonably suspect you have breached, the MUA Code of Conduct.
If we terminate your access to the Services under the above paragraph, if you have pre-paid for a period of the Service extending beyond the termination
date, you will not be entitled to any refund. You acknowledge that we are only able to offer the Membership Fees and other benefits applicable to
Minimum Term Membership Plans by making such Membership Plans available on a fixed term basis. If you have selected a Minimum Term Membership
Plan and we terminate your access to the Services under the above paragraph, on termination we are entitled to invoice you for Membership Fees to
cover the period from the date of termination until expiry of the Minimum Term and you agree to pay the invoiced amount within 14 days of the date of
invoice.
We reserve the right to modify or discontinue temporarily or permanently all or part of the Service with or without notice without liability for any
modification or discontinuance, save as expressly set out in this Agreement.
We may vary the terms of this Agreement from time to time and shall post such alterations on the Website. If the variations to the terms of this Agreement
are materially detrimental to you we will give you written notice of such variations and if you do not agree to such variations then you have the right to
notify us that you wish to cancel your membership and to stop using the Service, and you should do so immediately (and in any event within 14 days of us
notifying you of the variation). If you cancel the Agreement under this paragraph, then
if you have pre-paid for a period of the Service extending beyond the cancellation date, we shall refund you on a pro-rata amount in respect of the pre-
paid fees for that period (less any reasonable administration fee) save that we shall be entitled to deduct an amount equivalent to the value of any Lead
Credits which have been included in your Membership Plan for such period which you have spent prior to the date of termination; and
if you have selected a Minimum Term Membership Plan, you will not have to pay Membership Fees to cover the period from the date of cancellation until
expiry of the Minimum Term.
Your continued use of the Service after the date the changes have been posted will constitute acceptance of the amended Agreement
Accounts which are opened but remain unused result in wasted costs being incurred by us to support those accounts. In the event that your account
remains inactive for a period exceeding 30 days, we may at our discretion give you written notice of our intention to discontinue Service provision on that
account. If we do not receive confirmation from you that the account is required within 14 days of the date of our notice to you, and you have not re-
commenced use of the account within a further 14 days, we may discontinue Service provision on that account. We will not discontinue Service provision
in accordance with this paragraph for any account which is subject to a Minimum Term Membership Plan during the applicable Minimum Term or any
account for which you have pre-paid for the Service during the period for which the pre-paid fees apply.
back to top
General
Clause headings are inserted for convenience only and shall not affect the interpretation of this Agreement.
If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full
force and effect unless the business purpose of this Agreement is substantially frustrated, in which case it shall terminate without giving rise to further
liability.
You may not assign, transfer or sub-contract any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or
any of our rights at any time without consent.
No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or
subsequent breach or default.
This Agreement constitutes the entire agreement as to its subject matter and supersedes and extinguishes all previous communications, representations
(other than fraudulent misrepresentations) and arrangements, whether written or oral with the exception of the Terms of Use and/or the Client User
Agreement where these have been entered into. To the extent that there is any conflict between them, those agreements shall apply in the following
order of precedence:
this MUA User Agreement;
the Client User Agreement; then
the Terms of Use.
You acknowledge that you have placed no reliance on any representation made but not set out expressly in this Agreement.
Any notice to be given under this Agreement may be given via e-mail, regular mail, or by hand to the address provided on the Website or otherwise as
notified by one party to the other.
Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party
shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
Notwithstanding any other provision in this Agreement a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act
1999 to rely upon or enforce the terms of this Agreement.
This Agreement shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.
In the event of any comments or questions regarding this Agreement (including the Privacy Policy, Payment Terms, and MUA Code of Conduct) then
please Contact Us.
back to top
MUA & Stylists Agreement Terms
© 2018 DollyGlam Ltd
Thank you for accessing our Service at www.dollyglam.com (the “Website“)
or through the DollyGlam ‘booking’ application on your mobile device.
Please read this Agreement carefully as it governs your use of the Service.
Do not use the Service unless you wish to be bound by this Agreement
because, by clicking ‘Next’ during the sign-up process and/or by signing-up
to one of our membership plans over the telephone and/or continuing to use
any part of the Service, you confirm your acceptance of this Agreement
(which also includes the Privacy Policy, Payment Terms and MUA Code of
Conduct).
Please note that if you wish to access or use the Service as a Business
Owner or Client then you must read and accept the “Client User Agreement”
which is accessible here.
The Service is for use in the United Kingdom only. You must not access the
Service from any other jurisdiction. You are responsible for all compliance
with laws and regulations which apply to you.
This Agreement was last modified on 26
th
January 2018.
1.
Definitions
2.
Clients and Projects
3.
Service Content
4.
Use of the Service
5.
Payments
6.
Member benefits premium
7.
Links and User Content
8.
Use of Information
9.
Arrangements with Clients
10.
Qualifications and Certification
11.
Ask an Expert
12.
Intellectual Property Rights
13.
Indemnity
14.
Limitation of Liability
15.
Our Rights
16.
General
Definitions
We are DollyGlam Ltd. Our registered company number is 11171169 and our
registered office is at The Coach House, Powell Road, Buckhurst Hill, Essex,
IG9 5RD. Where we refer to ourselves in this Agreement, this is also taken to
include (where the context allows) our group companies, affiliates, and our
and/or their employees, associated and contracted persons, and persons
supplying services to us or them. You can contact us via our online contact
form.
Where we refer to you in this Agreement, this also includes any person that
accesses or uses our Service on your behalf in order to receive information
which will assist them in securing Projects with Clients.
The “Agreement” includes the terms set out here, the Privacy Policy,
Payment Terms, and Business Code of Conduct as made available via the
internet and/or our “Apps” from time to time. Our “Apps” are the DollyGlam
‘booking’ application and any other application that we release (each as
modified and/or updated by us from time to time). When you sign up to
receive our services, we will provide a “Membership Confirmation“, which
confirms that we will provide the Service to you in accordance with this
Agreement. We may issue this to you in electronic or hard-copy format.
There will also be a tariff of charges applicable to your membership level as
set out in the Membership Confirmation.
The “Service” consists of the Website, our Apps, any pages we operate on
third party social media applications, and the content and services we make
available through them via the internet, mobile devices including smart
phones and tablets, and/or interactive television devices and services,
together with the provision by us of associated information, products and
services by e-mail, telephone, fax or mail.
Any person using the Service to publish details of projects for which they
invite tenders from MUAs through the Service (“Projects“) is referred to in
this Agreement as a “Clients” and any information they upload or provide to
you, and all information relating to them, is referred to as “Client
Information“. As part of receiving the Service, you may from time to time
upload information to the Service or otherwise provide us or other users of
the Service with information relating to you, your employees and/or your
subcontractors (including by communicating via the Communities) (“MUA
Information“). “MUA” a consultant using the Service to promote its business.
back to top
Clients and Projects
It is your responsibility to determine whether you wish to be considered for
or undertake any Project or deal with any Client. We do not vet Clients or
their Projects on behalf of our users, and we will not be liable to you in
respect of any Project or relationship with any Client in any way. We
therefore recommend that you carefully assess each Project and carry out
whatever lawful checks you consider appropriate in relation to any Client
before undertaking any work for them.
back to top
Service Content
The vast majority of the material on the Service originates from our users,
and we rely on Clients to accurately describe their Project requirements. We
have little or no editorial control over the material and we therefore cannot
guarantee the accuracy, timeliness, completeness, performance or fitness for
any particular purpose of the material available through the Service. We
cannot accept responsibility for errors, omissions, or inaccurate material
available through the Service, and make no warranty that the Service will be
uninterrupted or error free, or that any defects will be corrected.
Whilst we take steps to prevent misuse of our systems, we cannot warrant
that the Service will be free of viruses or other malicious code and accept no
liability for loss or damage caused from the transmission of such code. We
recommend that you always use up-to-date firewalls and anti-virus software
to protect your equipment and data.
Any material you obtain from the Service is used at your own risk, and we
will not be liable for any loss or damage arising out of or in connection with
access or use of the Service (except to the extent that such liability cannot
be excluded by law).
back to top
Use of the Service
You may not tender for any Project which is not legal or which may not
legally be performed by you.
A core purpose of the Service is to connect Clients to genuine experts who
wish to undertake Projects for those Clients. The Service is therefore not for
use by members who do not intend to carry out and ensure successful
completion of each Project they accept. You therefore agree that you will not
in any circumstance:
use the Service for the purpose of reselling, exchanging or purchasing or
otherwise obtaining leads from other consultants;
pose as a Client and post fake Projects whether for purposes of identifying
potential consultants in your area with whom you may wish to work, or in
order to receive information from other consultants about their businesses
and Project proposals, or for any other purpose whatsoever.
You agree that you will not use subcontractors on any Project without the
prior consent of the relevant Client. You are responsible for ensuring that
you and your subcontractors are legally entitled to tender for and perform
any Project for which you tender or accept. By using subcontractors on
Projects obtained via the Service, you agree to procure that each of your
subcontractors will also comply with the terms of this Agreement as if it were
a party to it. You also acknowledge that you will be responsible to us and to
all Clients for the acts and omissions of your subcontractors.
We will not be a party to any contract made between you and any Client and
therefore we shall not be liable for any loss or damage that results from any
dealings between you and any Client including but not limited to any direct,
indirect or consequential or inconsequential loss of any kind.
You agree not to use the Service in any unlawful manner and in particular
shall not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(including rights of privacy and publicity) of others;
publish, post, upload, distribute or disseminate (“Post”) any inappropriate,
defamatory, abusive, infringing, obscene, discriminatory or otherwise
unlawful material;
post any material that infringes any patent, trademark, copyright, trade
secret or other proprietary right of any person;
post any corrupted files, files that contain viruses, or any other code that may
damage the operation of a computer or other electronic device;
conduct or forward surveys, contests other than in Communities (as defined
below) intended for such uses, and shall not forward pyramid schemes or
chain letters;
download any file Posted by another user of a forum that the user knows, or
reasonably should know, cannot be legally distributed in such manner;
impersonate another person or entity, or falsify or delete any author
attributions, legal or other proper notices or proprietary designations or
labels of the original or source of software or other material contained in a
file that is Posted;
cause the Service to be interrupted, damaged, rendered less efficient or
such that the effectiveness or functionality of the Service is in any way
impaired; or
restrict or inhibit any other user from using and enjoying the Service.
You agree that you will (and will ensure that your subcontractors will) comply
with:
the Privacy Policy;
the Payment Terms; and
the MUA Code of Conduct
We may notify you of Projects from time to time, but we are not under any
obligation to do so. Further, because Clients retain the right to change or
withdraw their Project from our Service, we are unable to give any warranty
as to the availability or suitability of a particular Project. We do not review or
confirm the accuracy of all details provided to us by Clients, and we
therefore cannot guarantee that all leads include correct and complete
information. Further, we cannot guarantee that any leads generated using
the Service will result in business for you, and no refund is offered in the
event that you do not obtain business from the leads generated.
back to top
Payments
You agree to pay the fees (15% flat rate) for using the Service in accordance
with the Payment Terms and as more specifically set out in the tariff of
charges in the Membership Confirmation (Memberships are currently free as
of 1st January 2018).
back to top
If you’ve subscribed to one of our new annual tariffs, you’ll have access to
member benefits premium service (the “benefits service”). If you already
have an annual membership with us, you can contact our team to discuss
how to get access before your account comes up for renewal. The benefits
service allows members to access offers and discounts with leading UK
stores and service providers. To use the benefits service, you must register
for it and comply with the benefits service terms and conditions. In addition,
your use of the benefits service is subject to the following terms and
conditions:
we may suspend or withdraw the benefits service, or replace it with
another service, at our discretion at any time
the benefits service is provided by Huddlebuy Ltd (T/A “Perkbox”)
(“Perkbox”), which has its offices at 22 Tudor Street, London EC4Y
0AY. You understand that Perkbox may change, suspend or withdraw
any of the discounts and offers or other services it makes available
at any time at its discretion, and that Perkbox is entirely responsible
for the delivery of the benefits service to you
you accept and agree that we have no liability to you or any other
person in respect of the benefits service or any failure by Perkbox to
provide it to you
your right to use the benefits service is personal and non-transferable,
and you may not make it available to any other person
your right to use the benefits service will terminate automatically if you
cease to maintain your annual membership of DollyGlam or we
terminate our relationship with you or this agreement expires for any
reason.
Links and User Content
It is not possible for us to review all websites which are linked to from the
Service (or link to the Service), and you should therefore take care when
following any link. We cannot accept liability for any loss or damage that may
be suffered as a result of following any links. You agree not to Post links to
any websites.
The Service contains discussion forums, bulletin board services, chat areas,
communities and/or other message or communication facilities (collectively
“Communities”). Although our hope is that all users will use the Service
responsibly, and we require all users to ensure that all content that they post
on the Service is lawful, we are not responsible for reviewing or policing user
content and so it is possible that Communities may carry offensive, harmful,
inaccurate or otherwise inappropriate material, or in some cases, postings
that have been mislabelled or are otherwise deceptive. We urge you to
exercise proper judgement and to use caution and common sense when
using Communities. We do not control the information delivered to the
Communities, and have no obligation to monitor the Communities.
You are responsible for your own communications and for any
consequences arising out of them. The Communities are intended to allow
users to send and receive messages and material that are legal, proper and
related to the particular Community, and you agree that you shall use them
only for this purpose.
We do not guarantee the truthfulness, accuracy, or reliability of any
communications Posted in the Communities or endorse any opinions
expressed in the Communities. You should take all due care in relying on
material Posted in the Communities, as this is done at your own risk.
It is important for you to note that all Communities are public, and that others
may read communications made via the Community without the author’s
knowledge. Always use caution when giving out any personally identifying
information about yourself in any Community, and do not give personally
identifying information about any other person unless entitled to do so.
back to top
Use of Information
You are solely responsible for the content, accuracy, and completeness of
the MUA Information, and agree only to provide true, accurate, current and
complete information. You also accept all liability arising out of or in
connection with your processing and transmission of the Client Information.
You acknowledge that we may edit, modify or remove any parts of MUA
Information which we consider is in breach of any of the provisions of this
Agreement, and/or suspend or terminate your access to the Service without
notice.
By providing MUA Information you grant to us a royalty-free, perpetual,
irrevocable, non-exclusive license to use, copy, reproduce, modify, publish,
edit, translate, distribute, perform, and display the material alone or as part of
other works in any form, media, or technology whether now known or
hereafter developed, and to sub-license such rights through multiple tiers of
sub-licensees. The foregoing grants shall include the right to exploit any
proprietary rights in such materials, including but not limited to rights under
copyright, trademark, service mark or patent laws under any relevant
jurisdiction. You also waive any moral rights you have in the materials. Do not
Post any materials on the Service that you would not want us to use in this
way.
We check the information that you provide on registration and during your
continued use of the Service. You acknowledge and agree that we may at
any time request verification and identity and address documents and
information from you in order to complete our fraud prevention and identity
and address verification checks which we carry out from time to time. We
reserve the right to terminate the provision to you of the Service or restrict
your access to the Service at any time in the event that you fail to provide all
of the requested verification and identity and address documents within the
requested timescale or if you do not pass our fraud prevention or identity
verification checks.
You consent to information about the device you use to access the Service
and verification, identity and address documentation being collected and
processed for fraud prevention purposes and we may use third parties (and
information they provide) to help us prevent fraud or unauthorised access to
our Service.
You agree not to copy, reproduce, modify, create derivative works from,
distribute or publicly display any content (except for your MUA Information)
from the Service without our prior written permission.
To the extent that we provide you with Client Information, you agree that you
shall:
treat the Client Information as confidential and not share the
information with any other person;
only use the Client Information for the purpose of contacting them in
relation to the particular Project for which you were provided with
the information, and for no other purpose whatsoever;
at all times and in all respects comply with data protection law.
back to top
Arrangements with Clients
Our rating system is designed to provide Clients with independent feedback
on the quality, value and reliability of MUAs Furthermore, your willingness to
be rated may provide Clients with a level of confidence regarding the Trade
Business’ ability. A key reason that Projects are made available through the
Service is that Clients are able to read reviews by your previous customers.
You therefore agree that your performance in carrying out each Project may
be rated and reviewed by the applicable Client and that the ratings and
reviews will be published on the Service.
Should you (or any of your subcontractors) have a dispute with a Client, you
must address such dispute directly to the Client concerned. However, you
agree to notify the details of the dispute to us as soon as reasonably
practicable.
We may decide to investigate any grievances held by you or by Clients and
may discuss any such investigation with all involved parties. We may take
any lawful action we deem necessary in the event of a grievance, but likely
outcomes of a grievance investigation include:
you and the Client being allowed to continue using the Service;
your and/or the Client’s access to the Service being suspended for a period
of time;
your and/or the Client’s access to the Service being terminated and banned
for a definite or indefinite period.
In the event of a suspension or termination, no further fees shall accrue to
the extent that access to the Service is suspended or terminated. However,
any fees already accrued shall become immediately payable.
Save as provided above, we cannot be involved in your dealings with Clients
and, in the event that you have a dispute with one or more Clients, you
hereby release (and shall procure that your subcontractors release) us from
any and all claims, demands and damages of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
back to top
Qualifications and Certification
Where you advise us that you (or your subcontractors) are certified, we may
verify the relevant certification. However the validity of the certificate always
remains your responsibility.
back to top
Ask an Expert
We may invite you to participate in Ask an Expert if you are a member of
DollyGlam and have received a total of 5 or more ratings from our Clients,
with an average rating from our Clients of 4.5 stars or above. Your most
recent 2 ratings from Clients must also be 4 stars or higher at the point
which you are invited to join. This is a question and answer panel in which
Clients can ask questions on the Service relating to professional beauty tips
for experts to answer. If you agree to take part in this as an expert, then you
agree that you are responsible for the advice, information or comment you
provide and that you are acting in your capacity as an independent MUA. In
so doing, you agree that you shall use all due care and skill when Posting
advice, information or comment.
You agree to indemnify us for any loss, damage and expense of any kind
(including reasonable legal fees and costs) suffered or incurred by us in
connection with any actual or threatened claim or allegations by any person
arising in connection with any advice or information you provide, or
comment that you make.
back to top
Intellectual Property Rights
You acknowledge that all present and future copyright and other intellectual
property rights subsisting in, or used in connection with, the Service and any
part of it (the “Rights“), including the manner in which the Service is
presented or appears and all information and documentation relating to it is
our property (or that of our licensors), and nothing in this Agreement shall be
taken to transfer any of the Rights to you.
Solely for the purposes of receiving the Service, we hereby grant to you for
the period during which the Service is provided a non-exclusive, non-
transferable, licence to use the Rights.
back to top
Indemnity
It is your responsibility to ensure that you are entitled to provide the MUA
Information and you therefore agree to indemnify us against any and all
expenses, damages and losses of any kind (including reasonable legal fees
and costs) incurred by us in connection with any actual or threatened claims
of any kind (including without limitation any claim of trademark or copyright
infringement, defamation, breach of confidentiality, false or misleading
advertising or sales practices) arising from your (or your subcontractors’)
provision of MUA Information or arising from your (or your subcontractors’)
use of the Service.
We shall indemnify you against any and all expenses, damages and losses of
any kind (including reasonable legal fees and costs) incurred by you in
connection with any actual or threatened claims of any kind (including
without limitation any claim of trademark or copyright infringement,
defamation, breach of confidentiality, false or misleading advertising or sales
practices) that any material on the Service generated and uploaded by us
infringes the intellectual property of any third party.
back to top
Limitation of Liability
Notwithstanding any other provision, nothing in this Agreement shall exclude
or limit either party’s liability for death or personal injury caused by that
party’s negligence, fraud or fraudulent misrepresentation, or any other
liability that cannot lawfully be excluded or limited.
If you are dissatisfied with the Service, or the terms of this Agreement, your
sole remedy under this Agreement shall be to discontinue use of the
Service. In the event that your dissatisfaction arises due to an act or
omission by us constituting a material breach of this Agreement, you may
also claim a refund of the fees paid by you in consideration for the Service in
the twelve months prior to the occurrence of the circumstances constituting
such material breach. If you register as both a Client and as a MUA then the
aggregate cap in this Agreement shall apply – the caps shall not be
cumulative.
Other than as set out above in this Limitation of Liability section, and
notwithstanding any other provision of this Agreement, we shall not be liable
in contract, tort, negligence, statutory duty, misrepresentation or otherwise,
for any loss or damage whatsoever arising from or in any way connected
with this Agreement.
We shall not be liable for any loss of business, loss of profits, business
interruption, loss of business information, loss of data, or any other
pecuniary loss (even where we have been advised of the possibility of such
loss or damage).
Save as expressly set out herein, all conditions, warranties and obligations
which may be implied or incorporated into this Agreement by statute,
common law, or otherwise and any liabilities arising from them are hereby
expressly excluded to the extent permitted by law.
Without limiting the foregoing, we shall have no liability for any failure or
delay resulting from any matter beyond our reasonable control.
We cannot guarantee the day or time that we will respond to any email,
telephone or written enquiries or Website form submissions.
Each of the provisions of this Clause shall be construed separately and
independently of the others.
back to top
Our Rights
We reserve the right at all times to edit, refuse to post, or to remove from the
Service any information or materials for any reason whatsoever, and to
disclose any information we deem appropriate to satisfy any applicable law,
regulation, legal process, police request or governmental request.
We reserve the right to terminate the provision to you of the Service or
restrict your access to the Service at any time without notice for any reason
whatsoever (provided that no further fees shall accrue for the terminated
Service after the date of such termination). If we terminate the provision to
you of the Service under this paragraph:
if you have pre-paid for a period of the Service extending beyond the
termination date, we shall refund you a pro-rata amount in respect of the
pre-paid fees for that period save that we shall be entitled to deduct an
amount equivalent to the value of any Lead Credits which have been
included in your Membership Plan for such period which you have spent
prior to the date of termination; and
if you have selected a Minimum Term Membership Plan, you will not have to
pay Membership Fees to cover the period from the date of termination until
expiry of the Minimum Term. Membership Fees, Minimum Term and Minimum
Term Membership Plan shall have the meanings given to them in the
Payment Terms.
Without prejudice to the generality of the above, we reserve the right to
terminate the provision to you of the Service or restrict your access to the
Website at any time immediately on giving you notice:
in the event that you are or we suspect you to be in material breach of any
term of this Agreement (which shall include, without limitation, where
payments due from you are overdue by 14 days or more) which is either
irremediable or, if it is remediable, you do not remedy it within 7 days of us
notifying you of the breach;
if you file for bankruptcy or are bankrupt, go into liquidation (whether
compulsory or voluntary) otherwise than for the purposes of a bona fide
amalgamation or reconstruction, or an administrator or receiver or similar
officer is appointed over the whole or any part of your assets, or you enter
into any arrangement for the benefit of or compound with your creditors
generally, or threaten to do any of these things, or any judgment is made
against you, or any similar occurrence under any jurisdiction affects you; or
you cease or threaten to cease to carry on business; and/or
in the event you breach, or we reasonably suspect you have breached, the
MUA Code of Conduct.
If we terminate your access to the Services under the above paragraph, if
you have pre-paid for a period of the Service extending beyond the
termination date, you will not be entitled to any refund. You acknowledge
that we are only able to offer the Membership Fees and other benefits
applicable to Minimum Term Membership Plans by making such Membership
Plans available on a fixed term basis. If you have selected a Minimum Term
Membership Plan and we terminate your access to the Services under the
above paragraph, on termination we are entitled to invoice you for
Membership Fees to cover the period from the date of termination until
expiry of the Minimum Term and you agree to pay the invoiced amount
within 14 days of the date of invoice.
We reserve the right to modify or discontinue temporarily or permanently all
or part of the Service with or without notice without liability for any
modification or discontinuance, save as expressly set out in this Agreement.
We may vary the terms of this Agreement from time to time and shall post
such alterations on the Website. If the variations to the terms of this
Agreement are materially detrimental to you we will give you written notice
of such variations and if you do not agree to such variations then you have
the right to notify us that you wish to cancel your membership and to stop
using the Service, and you should do so immediately (and in any event
within 14 days of us notifying you of the variation). If you cancel the
Agreement under this paragraph, then
if you have pre-paid for a period of the Service extending beyond the
cancellation date, we shall refund you on a pro-rata amount in respect of the
pre-paid fees for that period (less any reasonable administration fee) save
that we shall be entitled to deduct an amount equivalent to the value of any
Lead Credits which have been included in your Membership Plan for such
period which you have spent prior to the date of termination; and
if you have selected a Minimum Term Membership Plan, you will not have to
pay Membership Fees to cover the period from the date of cancellation until
expiry of the Minimum Term.
Your continued use of the Service after the date the changes have been
posted will constitute acceptance of the amended Agreement
Accounts which are opened but remain unused result in wasted costs being
incurred by us to support those accounts. In the event that your account
remains inactive for a period exceeding 30 days, we may at our discretion
give you written notice of our intention to discontinue Service provision on
that account. If we do not receive confirmation from you that the account is
required within 14 days of the date of our notice to you, and you have not re-
commenced use of the account within a further 14 days, we may discontinue
Service provision on that account. We will not discontinue Service provision
in accordance with this paragraph for any account which is subject to a
Minimum Term Membership Plan during the applicable Minimum Term or any
account for which you have pre-paid for the Service during the period for
which the pre-paid fees apply.
back to top
General
Clause headings are inserted for convenience only and shall not affect the
interpretation of this Agreement.
If any provisions hereof are held to be illegal or unenforceable such
provisions shall be severed and the remainder of this Agreement shall
remain in full force and effect unless the business purpose of this Agreement
is substantially frustrated, in which case it shall terminate without giving rise
to further liability.
You may not assign, transfer or sub-contract any of your rights hereunder
without our prior written consent. We may assign, transfer or sub-contract all
or any of our rights at any time without consent.
No waiver shall be effective unless in writing, and no waiver shall constitute
a continuing waiver so as to prevent us from acting upon any continuing or
subsequent breach or default.
This Agreement constitutes the entire agreement as to its subject matter and
supersedes and extinguishes all previous communications, representations
(other than fraudulent misrepresentations) and arrangements, whether
written or oral with the exception of the Terms of Use and/or the Client User
Agreement where these have been entered into. To the extent that there is
any conflict between them, those agreements shall apply in the following
order of precedence:
this MUA User Agreement;
the Client User Agreement; then
the Terms of Use.
You acknowledge that you have placed no reliance on any representation
made but not set out expressly in this Agreement.
Any notice to be given under this Agreement may be given via e-mail,
regular mail, or by hand to the address provided on the Website or
otherwise as notified by one party to the other.
Nothing herein shall create or be deemed to create any joint venture,
principal-agent or partnership relationship between the parties and neither
party shall hold itself out in its advertising or otherwise in any manner which
would indicate or imply any such relationship with the other.
Notwithstanding any other provision in this Agreement a person who is not a
party hereto has no right under the Contracts (Rights of Third Parties) Act
1999 to rely upon or enforce the terms of this Agreement.
This Agreement shall be subject to the laws of England and the parties shall
submit to the exclusive jurisdiction of the English courts.
In the event of any comments or questions regarding this Agreement
(including the Privacy Policy, Payment Terms, and MUA Code of Conduct)
then please Contact Us.
back to top
MUA & Stylists Agreement Terms
