Terms and Conditions

Last Updated: 30 May 2018

Heya!

Welcome to Beautystack’s Terms and Conditions (these “Terms”). This is a contract between you and Beautystack Limited and we want you to be aware of yours and our rights before you use the Beautystack application (“App”). Please take some time to read these Terms before enjoying the App, because once you access, view or use the App, you will be legally bound by these Terms!

Beautystack Rules

Before you can use our App, you will need to register for an account (“Account”). In order to create an Account you must:

  • be at least 16 years old; and
  • be legally permitted to use the App legally in your country

If you create an Account using Facebook, you authorize us to access, display and use certain information from your Facebook account (e.g. profile pictures, relationship status, location and information about Facebook friends). For more information about what information we use and how we use it, please check out our
Privacy Policy

You cannot use another beauty pros Account without her permission.

We hope you love the community of beauty junkies on Beautystack, but if you want to leave (sob), you can delete your Account at any time by going to the ‘Settings’ cog on the profile screen of your Account when you are logged in, and clicking on the ‘Delete account’ link. Your Account will be deleted immediately but it may take a little while for Beauty Professionals Content to be completely removed from the App. We will save your profile information in case you realise you miss us and you decide to restore your Account (which you can do within 90 days of de-activating your Account). Beautystack Limited reserves the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.

Types of Content

There are three types of content that you will be able to access on the App:

  • content that Beauty Pros upload and provide (“Beauty Professionals Content”);
  • content that Clients provide (“Client Content”); and
  • content that Beautystack Limited provide (“Our Content”)

We don’t allow certain content on Beautystack

We want our beauty pros to freely communicate on Beautystack, but we have to impose restrictions on certain content that:

  • contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is obscene, pornographic or otherwise may offend human dignity;
  • is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
  • encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
  • is defamatory or libellous;
  • involves the transmission of “junk” mail or “spam”;
  • contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Beautystack or otherwise;
  • itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
  • shows another person which was created or distributed without that person’s consent.

We operates a zero-tolerance policy for this kind of content! Don’t use other Beauty Pro’s work without their permission or credit.

Beauty Professionals Content

As Beauty Professionals Content is created by you, you are responsible and liable for Beauty Professionals Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Beauty Professionals Content.

You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

Beautystack is a public community, so Beauty Professionals Content will be visible to other users of the App all around the world. Please make sure you are comfortable sharing Beauty Professionals Content before you post it, particularly insofar as it relates to Clients. As such, you agree that Beauty Professionals Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App. By uploading Beauty Professionals Content on Beautystack, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Beauty Professionals Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general publish such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

We may assign and/or sub-licence the above licence to our affiliates and successors without any further approval by you.

We have the right to remove, edit, limit or block access to any of Beauty Professionals Content at any time, and we have no obligation to display or review Beauty Professionals Content.

Client Content

Clients of Beautystack will also share content via the App. Client Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Client Content.

You do not have any rights in relation to other users’ Client Content, and you may only use other Beautystack users’ personal information to the extent that your use of it matches Beautystack’s purpose of allowing people to connect with one another. You may not use other users’ information to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.

Our Content

The rest of the content on Beautystack belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Beautystack are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:

  • you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
  • you shall not use our name in metatags, keywords and/or hidden text;
  • you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
  • you shall use Our Content for lawful purposes only.

We reserve all other rights.

Restriction on the App

We don’t tolerate bad behaviour on Beautystack. You can report any abuse or complain about Client Content by contacting us, outlining the abuse and/or complaint. Email us at hello@beautystack.co

We also want our users to respect Beautystack. Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.

Privacy

For information about how Beautystack Limited collects, uses, and shares your personal data, please check out our
Privacy Policy. By using Beautystack, you agree that we can use such data in accordance with our Privacy Policy.

Third Party Stores; In-App Purchases

The Service may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google, Stripe etc. (each, a “Third Party Platform”) and may require that you be a registered Client of such Third Party Platforms and provide certain account credentials and other information in order to access the App. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.).

Push Notifications; Location Based Features

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Beautystack services, such as enhancements, offers, products, events, and other promotions. After using the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at hello@Beautystack.com

The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your browsing device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.

Disclaimer

THE APP, SITE, OUR CONTENT, AND CLIENT CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY Client CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER CLIENTS. BEAUTYSTACK LIMITED IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER.

NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY Client CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU.

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

Indemnity

All the actions you make and information you post on Beautystack remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

  • any negligent acts, omissions or wilful misconduct by you;
  • your access to and use of the App;
  • the uploading or submission of Content to the App by you;
  • any breach of these Terms by you; and/or
  • your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.

Miscellaneous

These Terms, which we may amend from time to time, constitute the entire agreement between you and Beautystack Limited. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

Beautystack Limited has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Beautystack and provides that information on an “as is”, “as available” basis. Beautystack Limited does not give or make any warranty or representation of any kind about the information contained on Beautystack, whether express or implied. Use of Beautystack and the materials available on it is at your sole risk. Beautystack Limited can not be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content.

You are responsible for taking all necessary precautions to ensure that any material you may obtain from Beautystack is free of viruses or other harmful components. You accept that Beautystack will not be provided uninterrupted or error free, that defects may not be corrected or that Beautystack Limited, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Beautystack Limited is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

As Beautystack grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.

Your continued use of Beautystack following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Beautystack immediately.

If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:

  • the availability or accuracy of such websites or resources; or
  • the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

About Us

Access to the App, Beauty Professional Content, Our Content, and any Client Content, as well as these Terms are governed and interpreted by the laws of England and Wales. By using the App, you are consenting to the exclusive jurisdiction of the courts of England and Wales. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.

Beautystack Limited is registered in the United Kingdom under company number 10736703. Our registered address is 4 Peter Street, London, W1F 0AD

The terms were last updated on: 30 May 2018

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