ROCK PAMPER SCISSORS site terms
1.1 Welcome to the ROCK PAMPER SCISSORS website www.rockpamperscissors.co.uk ("Website") and/or mobile application ("Mobile Application"), collectively referred to in these Usage Terms as the ("Applications").
1.2 The Applications are operated and maintained by RPS Media Ltd with company registration number 08492630 and registered office at 20-22 Wenlock Road, London, England N1 7GU ("ROCK PAMPER SCISSORS", "we", "us" or "our").
1.3 The term "you" or "yours" refers to the user or viewer of our Application.
1.5 By accessing or using the Applications you agree to comply by these Usage Terms and the policies outlined in these Usage Terms. If you disagree with any part of these Usage Terms or policies please do not use our Applications.
1.6 ROCK PAMPER SCISSORS provides a system for customers to be able to communicate with a database of salon businesses online. You will be able to make salon appointment bookings and appointment requests through the Application. Once the salon has accepted an appointment, you shall enter into a direct contract with the salon for the requested service.
2. USE OF THE APPLICATIONS
2.1 ROCK PAMPER SCISSORS grants you an non-exclusive, non-transferable, limited right and license to install and use the Mobile Application.
2.2 You are authorised to access and use the Applications solely and exclusively for personal use only
2.3 You can register by creating an account with ROCK PAMPER SCISSORS. You may access the Application and register your details without making a booking. You are able to make a booking without creating an account, but you will not have access to booking information on the site if you do. You will be prompted to create an account at the end of the booking process.
2.4 You will not use the Applications for any unlawful purpose; in any way that interrupts, damages, impairs or renders the Applications less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services.
3. THE BOOKING PROCESS
3.1 By using the Application you agree that:
3.1.1 all information and details provided by you to us (including on registration) are true, accurate, and up-to-date in all respects and at all times;
3.1.2 you are legally capable of entering into binding contracts;
3.1.3 you are at least 18 years old.
3.2 You are required to provide any relevant information about health conditions, e.g. allergies, or other special requirements that you may have during the booking process.
3.3 Once you place a booking, the salon will be asked to confirm that they can fulfil the service at the requested time through the ROCK PAMPER SCISSORS SYSTEM. If they accept the appointment then the appointment will be confirmed, and payment will taken using the payment format that you have specified. If the appointment cannot be accepted for some reason the salon will notify us of that and we will look notify you of that, and will look to find an alternate appropriate time for your appointment. Your contact details (name, phone number and email address) will be shared with the salon as a part of the booking process, so that the salon can contact you if necessary.
3.4 If during the booking process you wish not to proceed with the booking, you should close the Website or the Mobile Application before confirming.
3.5 Once you have made an appointment booking through the website, you will be sent confirmation of the appointment details via email to the email address that you have provided.
3.6 If you have problems with the booking please contact the salon directly, or contact ROCK PAMPER SCISSORS using email@example.com.
4.1 The price provided to you on the Application at the time of the booking being made, is the price that will be charged.
5.1 If the service being booked is a fixed price service then you will pay for the service during the booking process using your debit or credit card, or using any of the available alternate payment methods that we offer.
5.2 If the service being booked requires a consultation prior to the service being delivered, during which time the price of the service will be advised by the salon, payment for the service will be made at the salon.
5.3 If payment is being made on the Application, payment will only be taken once the salon has confirmed that they accept the appointment via the ROCK PAMPER SCISSORS system. If the salon cannot accept the appointment for any reason no payment will be taken.
5.4 Processing payments may sometimes incur delays resulting in the money being taken up to 60 days from the transaction date.
7. CANCELLATION POLICY
7.1 By using the Applications to make a Booking you agree to the Cancellation Policy set out in this clause 7.
7.2 Each salon has a cancellation policy, and this will be detailed in the booking confirmation email that you’ve received. If you are unable to make an appointment please email firstname.lastname@example.org.
7.3 If you cancel your appointment before the cut-off time specified by the salon in their cancellation policy then you are entitled to a full re-fund of the payment that you have made if you have made a payment in advance for the service through the Application.
7.4 If you cancel your appointment after the cut-off time specified by the salon in their cancellation policy then they are entitled to charge you for the appointment. If payment has been made through the Application then that payment will be retained.
7.5 If a salon is unable to fulfil the appointment after they have accepted it, we will attempt to re-schedule the appointment to an acceptable time. If that is not possible a full refund will be made.
8. INTELLECTUAL PROPERTY
8.1 You acknowledge that ROCK PAMPER SCISSORS and/or third parties own all right, title and interest in and to the Applications including all intellectual property rights therein and thereto.
8.2 Your use of the Applications grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to our software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use the Applications in accordance with these Usage Terms.
8.3 You may print a copy of any screens or confirmation emails on the Applications for your own personal use. You must not use any material for commercial purpose without written consent from ROCK PAMPER SCISSORS.
9. LINKS TO AND FROM OTHER WEBSITES
10.1 We make a best effort to guarantee that information contained on the Applications is accurate and up-to-date but cannot guarantee that it is so. The service, placing and salon information is ultimately provided by the salon businesses. We make every attempt to confirm that the details are correct. If you are in any doubt about the service information contained on a salon’s profile you should contact email@example.com.
10.2 ROCK PAMPER SCISSORS may make changes to the material on its Applications, or to the services and prices described in it, at any time without notice.
10.3 ROCK PAMPER SCISSORS provides you with access to its Applications and its services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Usage Terms might apply in relation to the Applications and the services that we provide).
10.4 You are responsible for the security of your password that you used to register with ROCK PAMPER SCISSORS. Unless ROCK PAMPER SCISSORS negligently discloses your password to a third party, ROCK PAMPER SCISSORS will not be liable for any unauthorised transaction entered into using your name and password.
11. ROCK PAMPER SCISSORS SUPPORT
11.1 The role of our customer service (B2C) is to assist you with your request but we cannot guarantee the requests will be satisfied.
11.2 If you have a general support request or feedback, please use the Feedback link at the bottom of every page on the Application. If you have a booking-related support requirement please reply to your booking confirmation email, or email firstname.lastname@example.org
12. SERVICE ACCESS
12.1 While ROCK PAMPER SCISSORS tries to ensure the Applications are normally available twenty four (24) hours a day, we will not be liable if the Applications are unavailable at any time or for any period.
12.2 Access to the Applications may be suspended temporarily and without notice.
12.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted via the Applications; any transmission is at your own risk.
13. VISITOR MATERIAL
13.2 You are prohibited from posting, uploading or transmitting to or from the Applications any material that:
13.2.1 breaches any applicable local, national or international law;
13.2.2 is unlawful or fraudulent;
13.2.3 amounts to unauthorised advertising; or
13.2.4 contains viruses or any other harmful programs.
13.3 Any comments or feedback that you submit through the Applications must not:
13.3.1 contain any defamatory, obscene or offensive material;
13.3.2 promote violence or discrimination;
13.3.3 infringe the intellectual property rights of another person;
13.3.4 breach any legal duty owed to a third party (such as a duty of confidence);
13.3.5 promote illegal activity or invade another's privacy;
13.3.6 give the impression that they originate from us; or
13.3.7 be used to impersonate another person or to misrepresent your affiliation with another person.
13.4 Any rating of a salon on the Application that is left by you and is deemed to be malicious or fictitious by us may be deleted and you may have your account suspended.
13.5 The prohibited acts listed in clauses 13.2 to 13.4 above are non-exhaustive.
13.6 You will indemnify ROCK PAMPER SCISSORS for all costs and damages which it incurs as a result of you breaching any of these restrictions.
13.7 ROCK PAMPER SCISSORS will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of clauses 13.2 to 13.4
14. YOUR OBLIGATIONS
14.1 You agree that:
14.1.1 You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation.
14.1.2 You acknowledge that we have limited control over the nature and content of information transmitted or received by you or other users of ROCK PAMPER SCISSORS. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us at email@example.com
14.1.3 If payment has not been made through the Application for your salon appointment, you will make payment in full to the salon when you attend for your appointment.
14.1.4 You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Usage Terms.
15.1 ROCK PAMPER SCISSORS may terminate or suspend (at our absolute discretion) your right to use the Applications and your use of the services immediately by notifying you in writing (including by email) if:
15.1.1 we believe you have posted material in breach of clause 13;
15.1.2 if you breach any other terms of these Usage Terms.
15.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Applications.
16.1 ROCK PAMPER SCISSORS and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if forseeable) in connection with our services, the Applications or in connection with the use, inability to use or the results of use of the Applications, any websites linked to the Applications or the material on the Applications.
16.2 ROCK PAMPER SCISSORS's customer care team will, subject to your compliance with these Usage Terms, use all reasonable endeavours to resolve any issues arising from the submission of orders via the Applications including the processing of all credit or debit card payments, refunds and chargebacks where appropriate. However, please note that the legal contract for the supply and purchase of salon services is between you and the salon that you place your order with. ROCK PAMPER SCISSORS cannot give any undertaking that the services provided through the Applications will be of satisfactory quality and any such warranties are disclaimed by ROCK PAMPER SCISSORS. These disclaimers do not affect your statutory rights against the salons.
16.3 Nothing in these Usage Terms excludes or limits our liability for death or personal injury arising from ROCK PAMPER SCISSORS' negligence, nor ROCK PAMPER SCISSORS' liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Usage Terms affects your statutory rights.
16.4 With the exception of any liability referred to in clause 16.3 above, ROCK PAMPER SCISSORS' total liability to you in relation to your use of the Applications and the services that we provide including (but not limited) to liability for breach of these Usage Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or £50, whichever is the lower.
16.5 If your use of material on the Applications results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
16.6 ROCK PAMPER SCISSORS does not accept any liability or responsibility for the actions of any salon.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless ROCK PAMPER SCISSORS, its affiliates and their respective directors, officers, employees and agents from any against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or accruing from your use of the Applications, which may include your downloading, installation or use of the Application or your violation of these Usage Terms.
18. GOVERNING LAW AND JURISDICTION
These Usage Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Usage Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.
19. ADDITIONAL TERMS
19.2 If any provision or part of a provision of these Usage Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Usage Terms and the remainder of these Usage Terms will apply as if the offending provision or part provision had never been agreed.
19.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Usage Terms will not be interpreted as a waiver of your or our rights or remedies.
19.4 You may not transfer any of your rights or obligations under these Usage Terms without our prior written consent. We may transfer any of our rights or obligations under these Usage Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
19.5 The headings in these Usage Terms are included for convenience only and shall not affect their interpretation.
20. WRITTEN COMMUNICATIONS
20.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Applications or ordering services via the Applications, you accept that communication with us will be mainly electronic.
20.2 We will contact you by email or provide you with information by posting notices on our website.
20.3 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
21. EVENTS OUTSIDE OUR CONTROL
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control ("Force Majeure Event").
21.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
21.2.1 strikes, lock-outs or other industrial action;
21.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
21.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
21.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
21.2.5 impossibility of the use of public or private telecommunications networks; and
21.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
21.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
22. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.