Salonkee Terms and Conditions
1. SCOPE AND APPLICABILITY
Salonkee reserves the right to suspend or interrupt the access to or the operation of the Website, or any portion of it, as necessary to perform maintenance and/or for any other purpose; and/or to modify or change the Website, or any portion of it, including namely but not exclusively by adding, removing or modifying features and options within the Website.
The services offered by the Salonkee Website enables Users to find a salon / spa / wellbeing practitioner in the beauty sector, to have access to the services list, the Professional User’s address & images, booking availabilities, vouchers and the possibility to book and pay appointments with such Professional Users.
3. RESPONSIBILITY OF THE USER
You declare that the information you provide, whether it is information relating to your personal identity or others', are correct and sincere to the best of your knowledge. You are informed that the use of a false identity and the dissemination of false information may give rise to civil and/or criminal prosecution.
You ensure that any device from which you access the Website is secured and equipped with up-to-date antivirus software.
Whether you book a service for yourself or a third person, it is your sole responsibility to inform the Professional Users in advance of any health issues, special needs or medical conditions which may affect or be affected by the service booked. In case of injury, damages or loss resulting from failing to do so, neither Salonkee nor the Professional User can be held liable for this.
You are responsible for the use that is made of your username and password. Salonkee therefore recommends that you use a unique password and carefully keep this password secret.
You are responsible to follow the terms and conditions of our Professional Users when our Professional Users make certain services available through APIs.
You are not entitled to let others use your account.
You agree not to modify, adapt, or hack the Website, or to use the Website in any unlawful manner, including but not limited to violation of any person's privacy rights.
You agree not to attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any of Salonkee’s services or the Website.
4. RESPONSIBILITY OF SALONKEE
Salonkee will make every effort to provide Users with quality service and to resolve as soon as possible any technical failures that may occur. The User is informed that communication transmission systems, computer systems, hosting services or Professional Users’ computers may, like any computer system, be susceptible to failures.
You agree to waive any recourse against Salonkee due to a technical failure in the use of the services offered on the Website or a failure of use by the Professional User. Salonkee implements best practices to supply high availability, confidentiality and integrity for its services, but Salonkee is only bound to an obligation of means in this respect.
All services, either booked or paid for through the Website or in person, are provided by our Professional Users and as such we cannot be held responsible for the quality, execution or potential damages / injuries that could arise from such services. Salonkee has no responsibility regarding the accuracy of information provided by the Professional User regarding the date and hour of the appointment or any other information. Salonkee has no responsibility to manage cancellations from a Professional User or User within a few minutes of these appointments, which must be managed directly between the User and the Professional User. All photos and information shown on the platform are displayed for illustration purposes only. Although we request from our Professional Users to provide the most accurate information and/or service description possible, we do not verify such information and cannot be held responsible for any misleading content.
5. INTELLECTUAL PROPERTY RIGHTS
All rights, including Intellectual Property Rights on the Website shall at all times remain the sole and exclusive property of Salonkee, and the User shall obtain no rights, title or interest in any content on the Website. You hereby acknowledge that Salonkee retains all rights, including any Intellectual Property Rights in and to any modifications to the Website and its services, update, upgrade or new release thereof, and that all Intellectual Property Rights on the Website shall be and remain the sole property of Salonkee. Salonkee grant Users a personal, restricted, non-exclusive, non-transferable, non-assignable right, without the right to sublicense, to access and use the Website for personal purposes.
- all rights to inventions (whether patentable or unpatentable and whether or not reduced to practice), including all patents, patent applications including provisional patent applications and PCT patent applications) and patent disclosures, together with all reissuances, continuations, continuations-in-part, revisions, extensions and reexaminations thereof,
- all copyrightable works, all copyrights and all applications, registrations and renewals in connection therewith,
- database rights,
- design rights,
- rights to topographies and mask works,
- rights on utility models,
- all trademarks, service marks, trade dress, logos, trade names, and corporate names, together with all translations, adaptations, derivations, and combinations thereof and including all goodwill associated therewith, and all applications, registrations and renewals in connection therewith,
- all trade secrets and confidential business information and all research and development and other forms of intellectual and industrial property rights protection, whether registered or not and including any applications therefore, recognized under any applicable law in any country worldwide.
You agree not to remove or modify any proprietary markings present on Website, visible during its operation, including any copyright notice, of markings present on media or any documentation.
Salonkee will be the sole owner of any and all Intellectual Property Rights created, prepared, produced or developed by Salonkee under or in connection with the Website.
You must not transmit, modify, publish, copy, report, distribute or reproduce in any other form all or part of the contents of the Website without the prior written consent of the owner of the rights.
6. USER DATA
The User grants Salonkee a non-exclusive, transferable, worldwide, irrevocable royalty-free license to use User Data:
- as necessary for the provision of services on the Website; and
- to provide any additional services requested from User.
“User Data" means any and all data and information of any kind or nature submitted to Salonkee by the User, or received by Salonkee on behalf of the User, in connection with the services on the Website.
The User Data hosted-by Salonkee as part of the services on the Website, and all worldwide Intellectual Property Rights in it, shall remain the exclusive property of the User.
The User agrees that Salonkee may collect, use, and disclose quantitative data derived from the use of the services on the Website for industry analysis, benchmarking, analytics, marketing, and other business purposes. All data collected, used, and disclosed will be in aggregate form only and will not identify User and/or User Data.
The User represents and warrants it is the rightful owner of the User Data and/or disposes of sufficient usage rights and authority to grant to Salonkee, to allow Salonkee to use it for the purpose of the provision of the services on the Website.
7. USER CREATED CONTENT
- Profanity, sexually explicit, hate speech, discriminatory, threats, violence;
- Mention of full names, personal attack towards Salonkee members or staff and/or Professional Users’ staff;
- Advertising or other commercial content, logos, links, or company names;
- Spam, unwanted contact, or content that is repeatedly broadcast or may be disruptive;
- Content that condones or encourages illegal, harmful, profane, vulgar, obscene, threatening or defamatory activities;
- Illegal content that violates the rights of a third party or entity, including intellectual property rights and privacy rights; and
- Content that is explicit enough to identify the address of a dwelling or any other content that could pose a risk to the personal safety of a member of the Salonkee community.
8. PERSONAL DATA
9. LINK TO OUR WEBSITE
You may create a link to a Salonkee Website's page for non-commercial purposes provided that you do so in a fair and lawful manner that does not damage our reputation or gives us an unfair advantage. For the avoidance of doubt, the other website must not contain any adult-oriented or unlawful material or any material that is offensive, harassing or otherwise objectionable. You must not create a link to a Salonkee Website's page in a manner that suggests any form of association, approval or endorsement on our behalf, when none of which exists. You must not remove or obscure by framing or otherwise obscure any advertisements, copyright notices, or other information published on the Website. The Website may not be delineated or subjected to any other browsing environment. If you wish to create a link to the Salonkee Website for commercial purposes or any other purpose not included above, please send an electronic request to firstname.lastname@example.org. We reserve the right to withdraw permission to link at any time without notice.
10. REPRESENTATIONS & WARRANTY
Salonkee represents and warrants the following aspects to the Customer:
- Except as expressly set forth in this clause 10 and to the maximum permitted by applicable law, the Website is provided by Salonkee “as is”. The express warranties set forth in this clause 10 are the only warranties made by Salonkee with respect to the services on the Website. Salonkee makes no (and hereby disclaims all) other warranties, covenants or representations or conditions, either written, oral, express or implied, including without limitation any implied warranties of merchantability, suitability and fitness for a particular purpose or use with respect to the use, misuse or inability to use the Website (in whole or in part).
- Salonkee warrants and guarantees that any additional services provided by Salonkee shall be carried out in a proper and professional manner by properly qualified personnel;
- To the best of Salonkee’s knowledge, the Website does not contain any virus or malware. Salonkee will not knowingly program into the Website, any program, virus or other software, designed to permit unauthorized access to any User computer system of to disable, erase of otherwise cause damage to software, hardware of data or any back door, time bomb, software lockout key or device, drop dead device, or other routines designed to disable a computer, either automatically or with the passage of time or under the control of any person. Salonkee will perform the necessary checks hereto.
- Salonkee shall not be held responsible for delays or shortcomings in the carrying out of their duties whenever this is due to Force Majeure. “Force Majeure” means “Any circumstance beyond the control of any Party that could not be reasonably foreseen and could not be reasonably avoided by means of reasonable efforts including, but not limited to war, riots, pandemics, rebellion, general strike, fire, natural disasters, cyber-attacks, pandemics, import or export bans, disruption of ordinary traffic, transport, energy supply, internet, computer networks or telecom facilities, delivery problems with respect to suppliers or occurrence of force majeure in relation to subcontractors”.
11. GENERAL LIABILITY AND INDEMNIFICATION
To the maximum extent permitted by applicable law, Salonkee shall never be liablie (whether in contract, warranty, tort (including as a result of negligence, product liability or other theory)) for any indirect, punitive, incidental, special or consequential or other similar damages resulting from lost data or business interruption resulting from the use of and/or inability to use the Website, (including damages for loss of profit, revenue, business, contracts or clients, loss of or corruption of data, loss of goodwill, damages to equipment and reputational damage, opportunity loss, loss of anticipated savings, and the cost of procuring replacement goods or services).
The User agrees that Salonkee can only be held liable as per the terms of this clause 11 to the extent damages suffered by the User are directly and solely attributable to Salonkee. However, nothing in the Agreement shall limit or exclude Salonkee’s liability for (i) gross negligence, (ii) willful misconduct or (iii) fraud.
Without limiting the generality of the foregoing, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using our Website;
- your use of or your inability to use our Website;
- delays or disruptions in our Website;
- glitches, bugs, errors, or inaccuracies of any kind in our Website;
- damage to your hardware device from the use of the services on our Website;
- the content, actions, or inactions of third parties, including items listed using our Website;
- You may pay for items and services using the payment methods that Salonkee makes available through third party payment service providers (“Payment Providers”), and the Payment Provider will manage settlement of the payment to us, or the Professional Users offering the services on our Website. When buying or ordering any services on the Website, you authorize the Payment Provider to initiate payments using your selected payment method and collect the transaction amounts on behalf of us or the Professional User. Accordingly, payments received by the Payment Provider from you will satisfy your obligations to pay us or the Professional User in the amount of payments received. You also agree to pay the applicable fees for services you order as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.
- Salonkee commits to implement and maintain stringent technical and organizational measures to ensure a safe access and use of the payment processing platform but cannot guarantee a continuous secure access at all times, nor can Salonkee guarantee that the functions and payment platform hosted by the Website are free of harmful components.
Despite the high level technical and security protocols developed by Payment Providers to ensure successful transactions and safeguard the security of personal data, it is not under Salonkee's control that such Payment Providers be virus-free or error-free.
- The Payment Provider or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you when you make a booking linked with a payment, buy a voucher, buy a subscription, or make any other transaction initiated from our Website. If there is a dispute between You and a Payment Provider, You understand and agree that Salonkee is under no obligation to become involved. Salonkee does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such Payment Provider. Salonkee is not liable for any damage or loss caused or alleged to be caused by or in connection with Your use of the services of Payment Providers. Salonkee will not store your card information on its own servers at any time but only reference your tokenized card through its Payment Provider.
- Prices displayed for full or partial prepayment should only be considered as indicative – these still may be subject to change depending on the duration or complexity of the service you received or other additional services provided upon request during the visit. We do not act as arbitrators in this situation and the Professional User’s judgement on necessary supplements is taken as final. Depending on whether you transact with us, the type of payment method used and where your payment method was issued, your transaction may be subject to foreign exchange fees or differences in prices, because of exchange rates. Salonkee is not responsible for any foreign currency exchange fees or surcharges and will not make any compensation or reimbursement for charges imposed by your bank or card issuer.
- In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, compliance with economic or trade sanctions, in connection with Salonkee’s or the Payment Provider’s internal risk controls or due to potential violations of any policy of Salonkee or the Payment Provider.
- You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by involved third parties or Payment Providers. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you or other actions taken by such third parties, and you agree that Salonkee has no control over, or responsibility or liability for, such fees or actions. Salonkee does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such Payment Providers’ services, including, without limitation, the manner in which the Payment Provider handle data, including Your Data, or any interaction between You and the Payment Provider.
Merchant of Records.
Salonkee acts as Merchant of Records (“MoR”) and manages interactions with its Professional Users (“Sub-Merchants”). The MoR performs due diligence by overseeing and controlling all commercial activity on the Website. The responsibilities of Salonkee acting in its obligation as MoR include:
- managing all transactions, refunds, cancellations and disputes;
- providing the first line of customer support for buyers;
- acting as the final arbitrator in case of financial disputes;
- ensuring that no illegal, prohibited or counterfeit products or services are sold.
Sale of Vouchers.
Depending on the applicable jurisdiction, Salonkee vouchers (“Vouchers”) may or may not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). If Salonkee has the legal obligation to pay or collect Taxes for which User is responsible, the appropriate amount will be invoiced.
Vouchers may only be redeemed via the purchase of eligible goods and services provided by a Salonkee’s Professional Users. Proceeds from Voucher online purchases are directly transferred to the Professional User’s bank account. Any unused voucher balance will be shown in the Salonkee Professional User’s account.
Vouchers may only be redeemed for new bookings. The redemption must occur upon booking. Vouchers cannot be used to purchase other Vouchers (= gift cards). In the event an appointment is cancelled by the User, the discounted Voucher amount will not be reallocated or refunded. Vouchers are non-refundable in exchange of cash and cannot be sold, exchanged or transferred. Vouchers may not be reallocated to another Professional User. Partially used Vouchers or remaining balances of an already used Voucher may not be transferred between Users or reallocated to other Professional Users.
Risk of Loss.
The risk of loss and title for Voucher passes on to the User upon our electronic transmission of the Voucher to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Voucher is lost, stolen, destroyed or used without your permission. We do not accept liability for Vouchers which are lost, stolen or used without authority. In case you think your Voucher has been lost or stolen, please contact us directly via e-mail email@example.com, we will investigate and do our best to provide you with your lost code.
Salonkee reserves the right to any remedy, including refusal to issue or honour a Voucher bought on the Salonkee website in the event of suspected fraud. We will have the right to close accounts and bill alternative forms of payment if a fraudulently obtained Voucher is redeemed and/or used to make purchases in a Professional User’s salon. Salonkee is not liable if a Voucher is refused by a former Professional User. In purchasing a Voucher from a Professional User there is a binding contract created between You and the Professional User, not Salonkee, regarding the provision of services or supply of products.
Returns of reimbursements.
Vouchers cannot be returned or reimbursed.
14. PRE-PAYMENT, CANCELLATION, NO-SHOW AND FINE PRINT
Some of our Professional Users request pre-payments, in the form of deposits, card-on-file or pre-authorizations for the reservation of specific services, service combinations or certain User booking behaviors. The Professional User has three different possibilities to manage booking related payments:
- Card on File:
In this case, your card or online wallet will be tokenized (i.e. your payment information is linked to your User profile) for later payment processing. The card will not be charged by Salonkee until the appointment is either cancelled under the circumstances below or honored and paid in person directly to the Professional User. By making such a service reservation with a Professional User, you accept and agree to the relevant cancellation and no-show policy of the Professional Userindicated on the checkout page at the time of the booking.
In this case, the relevant amount will be blocked (not debited) by Salonkee on your credit card 7 days before the date of the booking (called an "Authorization Hold" or "Preauthorization") until the appointment is either cancelled under the circumstances below or honored and paid in person directly to the Professional User. For sake of clarity, the Authorization Hold on your credit card provided at the time of booking will not necessarily be made at the time of the booking but only 7 days before the date of the appointment. By making such a service reservation with a Professional User, you accept and agree to the relevant cancellation and no-show policy of the Professional User indicated on the checkout page at the time of the booking.
In this case, a predefined amount (a certain percentage of the total booking value) will be charged on your card or wallet directly after your booking. In case the appointment is cancelled under the circumstances below, the deposit may be lost. In case the appointment has been honored, the deposit will be deducted from the total ticket value to be paid in person directly to the Professional User at the end of the appointment. By making such a service reservation with a Professional User, you accept and agree to the relevant cancellation and no-show policy of the Professional User indicated on the checkout page at the time of the booking.
The general cancellation and no-show policy foresees different scenarios depending on when you have cancelled your appointment (pursuant to 14.2 and 14.3 below). If you wish to change an appointment less than 12, 24, 48 or 72hrs (as determined by the Professional User) in advance, and do not wish to lose your deposit, you may contact the Professional User directly to arrange a new day/time. This is completely at the discretion of the Professional User and in case of dispute, by default, the above rules apply. If the Professional User is unable to accommodate your request to reschedule or cancel your appointment, your eligibility for a refund will depend on whether or not the appointment was due to take place in the next 12, 24, 48 or 72 hours (as determined by the relevant Professional User). If there is a dispute between You and a Professional User, You understand and agree that Salonkee is under no obligation to become involved.
If your appointment was not due to take place within the next 12, 24, 48 or 72 hours (as determined by the relevant Professional User), your appointment will be treated as cancelled by you and you will not be charged (Card on File), receive a refund (Deposits), authorization will be released (Preauthorization); or
If your appointment was due to take place within the next 12, 24, 48 or 72 hours (as determined by the relevant Professional User), your appointment will be treated as cancelled by you and you will be charged the respective cancellation fee (Card on File or Preauthorization), not receive a refund (Deposits).
As stated above, no refund will be made with less than 12, 24, 48 or 72 hours (as determined by the Professional User) notice on cancellation. This also means that if a booking is made and prepaid less than 12 hours in advance of the appointment, there is no refund of the prepaid amount. In case of cancellation or change up to 12, 24, 48 or 72 hours (as determined by the Professional User) before the appointment, the amount blocked on your card will be released back to you (Preauthorization), or you will not be charged (Card on File). The release of a preauthorized amount can take some time depending on which card/bank you are affiliated to.
In any other cases, the above policy shall be used to process your prepayment and the amount will be debited from your account. Any whole or partial refund will be made in accordance with the original payment method. Please note that for a reservation which requires prepayment (wholly or partly), your booking may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Professional User's salon and the reservation. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount. Please note that you may be charged for your cancellation in accordance with Salonkee cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of Salonkee carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation. The statutory right of withdrawal does not apply to cancellations / no-shows as dated booking relates to leisure services where time has been set aside by the Professional User.
Salonkee reserves the right in its sole discretion to terminate Your Website account, delete User Data and restrict Your use of all or any part of the Website for any reason, without notice, and without liability to You or anyone else. If User does not log in to the Website for 12 or more months, Salonkee may treat the Account as "inactive" and permanently delete the account, User Data and any other data associated with it.
We may suspend or terminate your use of the Website account if you are not complying with these Terms, our documentation, or if you use the Website in any way that could cause us legal liability or disrupt others’ use of the Website.
16. DISPUTES AND APPLICABLE LAW
If this is not resolved, then you may always use the 'review' section of our site to express your dissatisfaction. Finally, you can contact Salonkee and will use reasonable commercial efforts to resolve the issue with the Professional User. In exceptional circumstances, and at Salonkee’s sole discretion, we may decide to refund/credit the sole or partial amount of the prepayment. The above should only be seen as a gesture of goodwill and is not in any way a responsibility to you for the services provided by our Professional Users.