Terms of Use

1.Introduction

We are U Stunner Ltd. Our company information is at the end of this document.

2.Definitions

2.1 Capitalised terms have the following meanings in these terms and conditions:

  1. a) “Admin Fee” –  12.5% (or such alternative percentage stated in our App) of the full Customer Fee for the relevant booking in the App and before deduction of any voucher code or other discount.

b)“App”–the “U Stunner” application distributed by us.

c)“Appstore”– the app store from which you download the App.

  1. d) “Appstore Rules” – any applicable rules, policies or terms of the relevant Appstore.
  2. e) “Chargeback” means any payment that is for any reason cancelled, refunded, reversed, charged back, withdrawn, disputed or otherwise called into question together with any fees, penalties or other charges that are or may be payable in connection therewith.
  3. f) “Credits” – any funds held in a Customer’s U Stunner wallet;
  4. g) “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
  5. h) “Content” – all information of whatever kind published, stored or sent on or in connection with our App.
  6. i) “Customer” – User who uses our App for the purpose of utilising Third Party Services.
  7. j) “Customer Fees” – the total fees payable by Customers for Third Party Services.
  8. k) “Service Provider” – a User who uses our App for the purpose of providing Third Party Services to Customers.
  9. l)  “Third Party Contract” – the contract for the supply of Third Party Services.
  10. m) “Third Party Services” – beauty-related services including facials, hair, massage and nails.
  11. n)  “User” – any person who uses our App including Customers and Service Providers.

3. Applicability of the terms and conditions

3.1 Please read these terms and conditions carefully. They cancel and replace any previous versions. By downloading our App you agree to be bound by these terms and conditions. Please save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible in this form in future. These terms and conditions are available in the English language only.

3.2 These terms and conditions apply to all Users. If you book a treatment on behalf of someone else, it is your responsibility to ensure that that person agrees to these terms and conditions as a Customer.

3.3 The Addendum (at the end of these terms and conditions) contains additional terms which apply only to Service Providers.

3.4 These terms and conditions constitute an end user licence agreement between you and us (not the Appstore) in relation to our App and, in addition, you agree to be bound by the Appstore Rules.

4. Changes to the terms and conditions

4.1 We may change these terms and conditions by giving at least 14 days’ notice by email, SMS, in-app message. You will be bound by the revised agreement if you continue to use our App following the effective date shown.

5. Use of our App - general

5.1 We grant Users a limited personal right to use our App on any applicable device owned or controlled by you in accordance with the Appstore Rules subject to these terms and conditions.

5.2 You are not eligible for, and must not use or register on, our App if:

  1. a) you are below 18 years of age; or
  2. b) you have been convicted of any offence, or subject to any court order, relating to assault, violence, theft, burglary, sexual misconduct or harassment.

5.3 You agree that you will not in connection with the App:

  1. a) breach any applicable law, regulation or code of conduct;
  2. b) publish or send any Content (including links or references to other content), or otherwise behave in a manner, which:
  3. i) is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
  4. ii) infringes any intellectual property or other rights of others;

iii) involves phishing or scamming or similar; or

  1. iv) we otherwise reasonably consider to be inappropriate;
  2. c) publish or send any Content which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
  3. d) impersonate any person or entity for the purpose of misleading others;
  4. e) sell access to the App;
  5. f) use the App to provide a similar service to third parties or otherwise with a view to competing with us;
  6. g) sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
  7. h) use the App for junk mail, spam, pyramid or similar or fraudulent schemes;
  8. i) do anything which may have the effect of disrupting the App;
  9. j) do anything which may negatively affect other Users’ enjoyment of the App; or
  10. k) attempt, encourage or assist any of the above.

5.4 You must promptly comply with any reasonable request or instruction by us in connection with the App.

5.5 You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.

5.6 We do not supply support except to the extent specifically stated on our App, as may be varied from time to time.

5.7 You acknowledge that the Appstore has no obligation to supply any maintenance and support services in relation to the App.

5.8 The App is compatible with applicable devices and associated operating systems (OS’s) which have been released as at the date we launched the App (or as at the most recent app update). We do not guarantee that the App is or will be compatible with any other devices or OS’s. We may issue App updates through the Appstore; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to the agreement of new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.

5.9. By accessing our Resources (including App and Website)you agree and confirm your acknowledgment that we (as well as our service providers) can collect and process your personal data. The list of data collected is provided in our Privacy Policy. Please read it carefully prior to using Our Services.

5.10. While using our App, as well as communication tools, your personal information may become available to third parties, including other users and visitors. You are solely responsible for keeping your personal data private. We will not knowingly share your personal information, which was provided to us by you, with any third party (except for hosting service provider and other providers of services, whom you gave us your permission to share the data with).

6. Very Important

6.1 Our App constitutes a neutral platform whereby Service Providers can arrange to supply their Third Party Services to Customers. While we facilitate such arrangements, the Third Party Contract is between the Service Provider and the Customer. Notwithstanding anything to the contrary in our App, we are not a party to the Third Party Contract itself. We are not involved in the substance of the relationship between the Service Provider and the Customer.

6.2 Service Providers and Customers acknowledge that any legal recourse arising from breach of the Third Party Contract or otherwise in relation to the Third Party Contract is against the other party to the Third Party Contract and not against us.

7. Formation of contracts

7.1 A contract is formed between you and us for use of our App if you download our App.

7.2 A Third Party Contract is formed between the Customer and Service Provider when a Service Provider accepts a booking for Third Party Services via our App.   Customers and Service Providers promise to us that they will comply with their obligations to the other party under the Third Party Contract.

8. Applicable to Customers only

8.1 If we describe Service Providers as “vetted” or similar, we are promising only that we have carried out certain limited checks when the Service Providers signed up with us and that those checks did not reveal any cause for concern. You acknowledge that in carrying out these checks we are reliant on information supplied by third parties. We cannot guarantee that that information is accurate or that it will remain accurate. Nor can we guarantee that the Service Providers will comply with the Third Party Contract or that they are otherwise suitable for your purposes. We do not guarantee that Service Providers hold any relevant insurance or that any insurance held by Service Providers is adequate for your purposes or that it will be maintained. You make bookings with Service Providers at your risk.

8.2 If you have any complaint about a Service Provider, you must notify us promptly by email to contact@ustunner.com. We may in our discretion try to resolve the dispute but we do not promise to get involved.

8.3 You agree not to make any payment directly to, or book any services directly with, any Service Provider either during this agreement or for six months thereafter.

9. Third Party Contract – contract between Customer and Service Provider

General

9.1 The Third Party Contract includes the terms set out in this section. In the event of any conflict between these and any Service Provider terms and conditions incorporated into the Third Party Contract, these terms take priority.

9.2 The Service Provider promises that it has the necessary abilities (including licenses, permissions, qualifications, skills, training, expertise, immigration status) in connection with supply of the Third Party Services.

9.3 The Service Provider shall supply the Services in accordance with a high degree of professionalism and the highest industry standards.

9.4 The Service Provider and the Customer shall comply with applicable laws and regulations in connection with the Third Party Contract.

9.5 The Service Provider shall take reasonable steps to arrive at the location for Third Party Services on time (meaning within one hour from the acceptance of the booking in the case of instant bookings) and to comply with reasonable requests by Customers in connection with the Services.  

9.6 The Service Provider shall respond promptly to communications from Customers.

9.7 The Customer agrees to provide a safe and appropriate working environment for Service Providers and to provide reasonable co-operation to Service Providers to enable them to supply Third Party Services.

9.8 The Customer promises to hold appropriate occupiers’ liability or other relevant insurance cover in the event of injury or loss to the Service Provider.

9.9 The Service Provider and Customer shall comply with any guidelines or policies (including relating to Customer complaints) that we may issue from time to time in connection with the Third Party Services.

9.10 The Service Provider and Customer promise to deal with each other in a courteous and polite manner.

9.11 You acknowledge that Service Providers / Customers are entitled to post reviews and/or ratings about you and that these may be negative. Please contact us by email to contact@ustunner.com if you have any complaint about reviews and/or ratings which you think are defamatory or otherwise infringe your rights.

Payment of Customer Fees

9.12 The Customer must pay the Customer Fees to us in advance on behalf of the Service Provider in the amounts shown on our App, which include any applicable VAT.  See further under the Payment / Wallet section below. For Service Providers – please see the further provisions about payment in the Addendum.

Cancellation by Service Provider

9.13 The Service Provider is entitled to cancel a booking at any time by giving notice via the App. If so, we will refund the Customer Fee to the Customer in full. We also reserve the right to apply a one star rating to the Service Provider in respect of that booking.

Customer’s legal right to cancel (“cooling off”)

9.14 The Customer has the right to cancel the Third Party Contract subject to the provisions set out below.  

  1. a) You lose the right to cancel contracts for the supply of services which have been fully performed, i.e. completed.
  2. b) If you do have the right to cancel, the following apply:

Right to cancel

  1. c) You have the right to cancel this contract within 14 days without giving any reason.
  2. d) The cancellation period will expire after 14 days from the day of the conclusion of the contract.
  3. e) To exercise the right to cancel, you must inform us, U Stunner Ltd, 44 Adley Street, London E5 0DY, email contact@ustunner.com on behalf of the Service Provider of your decision to cancel this contract by a clear statement (e.g. by cancelling the appointment within the app or by a letter sent by post, or e-mail). You may use the model cancellation form at the end of this document but it is not obligatory.
  4. f) To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

  1. g) If you cancel this contract, on behalf of the Service Provider we will reimburse to you all payments received from you.
  2. h) We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
  3. i) We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
  4. j) If you requested to begin the performance of services during the cancellation period, you shall pay us on behalf of the Service Provider an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract. (Please see our Cancellation Policy for more information about how we approach payment for services performed pre-cancellation.)

10. Payment / Wallet

10.1 Any Credits held in your wallet can only be redeemed in return for Third Party Services via the App. We do not provide any cash or refunds for Credits (except as required by law). Credits are for your personal use only. You must not sell or transfer them or make them available to anyone else or attempt to do so or encourage anyone else to do any of these things. We may restrict access to or delete Credits if the Credits were awarded in error; or if a payment for Credits is charged back or otherwise cancelled or reversed. Credits will be deleted when this agreement ends. We may at any time decide to stop our wallet service.  Before we delete the Credits in your wallet, we will give you reasonable notice.

10.2 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online, (2) cannot be used retrospectively and (3) can only be redeemed once per customer. Also you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

11. Refer a friend

11.1 If you refer a new User (“friend”) to our service using the referral code we supply, that friend will receive £5 into his/her wallet to use as credit towards a treatment within 90 days (following which the code expires). Once the treatment is complete and paid for, we will credit £5 into your wallet (which also expires within 90 days). The referral code may only be used once by a single friend. We may change or withdraw this offer at any time.

12. Ending this agreement to use our App

12.1 We are entitled to end this agreement for use of our App (i.e. with Customers or Service Providers) at any time and for any reason by giving notice of cancellation by email, SMS or in-app message.

12.2 You are entitled to end this agreement at any time by informing us by email to contact@ustunner.com  or, if you have no pending accepted bookings, by simply deleting the App from all of your devices.

12.3 If either of us ends this agreement:

  1. a) it will nonetheless continue to enable fulfilment of any bookings accepted before termination (meaning that, amongst other things, Service Providers remain liable to provide the relevant Third Party Services and the Customer remains liable to pay;
  2. b) subject to the above, your right to use our App is terminated and any Credits in your wallet will be deleted;
  3. c) any rights and liabilities which arose before termination are unaffected;
  4. d) all clauses in this agreement which are stated or intended to continue after cancellation will continue to apply; and
  5. e) you must not attempt to re-download our App if we have given you notice of termination.

12.4. In addition, you agree that after the termination of your account we can still keep your personal data in order to send you periodical advertisements on our goods and services, as well as for bookkeeping and analytics purposes.

13. Your Content

13.1 You are responsible for your Content.

13.2 You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the App and these terms and conditions.

13.3 If you write a review, you promise that you have no personal or business relationship with the subject of the review, that you are not a competitor, that you have not been offered any incentive to write the review and that the review is your independent, honest, genuine opinion.

13.4 We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority.  If so, you must not attempt to re-publish or re-send the relevant Content.

13.5 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.

13.6 It is your responsibility to make your own backup of any Content stored within the App to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.

13.7 We reserve the right to place advertisements adjacent to or within your Content. We retain all revenue from such advertisements.

13.8 We reserve the right without notice to irretrievably delete your Content after this agreement ends or if your account on our App has been inactive for at least 6 months.

14. Third party services / advertising / websites

14.1 We may use third party-provided services or display third party advertising within our App and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services.  You use them at your own risk.   

15. Guidance by us

15.1 Any guidance or similar information which we ourselves make available on our App is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

16. Your account

16.1 Your account on our App is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

17. Functioning of our App

17.1 We do not guarantee that the App will be uninterrupted or error-free and are not responsible for any losses arising from such interruptions or errors.

17.2 We are entitled, without notice and without liability, to suspend the App for repair, maintenance, improvement or other technical reason.  

17.3 We are entitled, without notice and without liability, to make changes to the App provided these do not have a material adverse effect.

17.4. You are solely responsible for any personal data leak while using our communication tools, accessing our Resources in ways, which are not allowed by the owner of the App, and you agree to hold Us indemnified from any claim in this regard.

18. Liability

18.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

18.2 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

  1. a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
  2. b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
  3. c) such loss or damage is caused by you, for example by not complying with this agreement; or
  4. d) such loss or damage relates to a business of yours.

18.3 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our App (subject of course to our obligation to mitigate any losses).

18.4 The following clauses apply only if you are not a Consumer:

  1. a) Our liability of any kind (including our own negligence) with respect to our App for any one event or series of related events is limited to the amount of Customer Fees paid in respect of Third Party Contracts to which you were a party in the 12 months before the event(s) complained of.
  2. b) In no event (including our own negligence) will we be liable for any:
  3. i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  4. ii) loss of goodwill or reputation;

iii) special, indirect or consequential losses; or

  1. iv) damage to or loss of data

(even if we have been advised of the possibility of such losses).

  1. c) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the App and/or breach of this agreement.
  2. d) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
  3. e) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

18.5 The following applies where Apple Inc is the Appstore:

  1. a) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.  
  2. b) We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

19. Intellectual property rights

18.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

18.2 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

  1. a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
  2. b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
  3. c) such loss or damage is caused by you, for example by not complying with this agreement; or
  4. d) such loss or damage relates to a business of yours.

18.3 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our App (subject of course to our obligation to mitigate any losses).

18.4 The following clauses apply only if you are not a Consumer:

  1. a) Our liability of any kind (including our own negligence) with respect to our App for any one event or series of related events is limited to the amount of Customer Fees paid in respect of Third Party Contracts to which you were a party in the 12 months before the event(s) complained of.
  2. b) In no event (including our own negligence) will we be liable for any:
  3. i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  4. ii) loss of goodwill or reputation;

iii) special, indirect or consequential losses; or

  1. iv) damage to or loss of data

(even if we have been advised of the possibility of such losses).

  1. c) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the App and/or breach of this agreement.
  2. d) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
  3. e) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

18.5 The following applies where Apple Inc is the Appstore:

  1. a) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.  
  2. b) We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

19. Intellectual property rights

19.1 All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on and in connection with the App are our intellectual property or that of our partners or other Users. For the purposes of your personal use only, you may view such material on your screen and print a single copy.  You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

19.2 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our App without our specific prior written consent.

19.3 If you publish any Content on our App, you grant us a worldwide, perpetual, non-exclusive, transferable (with right to sub-license), royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own App, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our App. You waive your moral rights in relation to such Content to the extent legally permitted. You also grant each User a licence to use your Content in accordance with these terms and conditions.

19.4 You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties.  You must take reasonable steps to ensure that our software is not disclosed to any third party.

19.5 In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the Appstore, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

20. Privacy

20.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.

21. Legal compliance

21.1 You promise that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

22. Events outside our control

22.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

23. Transfer

23.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

24. English law

24.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of courts of the United Kingdom.

25. General

25.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us or by SMS or in-app message. Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. (Where Apple Inc is the Appstore, Apple and Apple’s subsidiaries are third party beneficiaries of this agreement, and, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.)  The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

26. Complaints

26.1 If you have any complaints, please contact us via the contact details shown below.

27. Company information

27.1 Company name: U Stunner Limited

27.2 Country of incorporation: England and Wales.

27.3 Registered number: 10561730

27.4 Registered office and trading address: 44 Adley Street, London E5 0DY, UK

27.5 Other contact information: See our website.

27.6 VAT number: [insert]

Version [insert]

 

ADDENDUM APPLICABLE ONLY TO SERVICE PROVIDERS

28. General

28.1 If we decide in our absolute discretion to accept your application, we shall include you within our App as a potential supplier of Third Party Services subject to the terms of this agreement.

28.2 You acknowledge that a Customer booking will only be available for acceptance by you within ten minutes (instant bookings) or one hour (advance bookings) or such other periods as we determine.

28.3 You act as an independent contractor and are not an employee of ours. You shall be fully responsible for any tax and national insurance and social security contributions and any other liability, deduction, contribution, assessment or claim (“Liability”) arising from or made in connection with this agreement or the Third Party Services. You indemnify us against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable by us in connection with or in consequence of any Liability, other than where such Liability arises from our negligence. We may at our option satisfy such indemnity (whether in whole or in part) by way of deduction from the payments due to be paid to us under this agreement.  

28.4 You promise that you will promptly notify us of any material change in your ability to supply the Third Party Services.

28.5 You must promptly notify us by email to contact@ustunner.com:

  1. a) if you cannot fulfil any booking including the reasons why;
  2. b) if you receive any complaints from Customers whether verbal or written; and
  3. c) of any complaint that you may have in relation to Customers.

28.6 You authorise us to deal with, and attempt to resolve on your behalf, any dispute or complaint by a Customer if, in our discretion, we wish to do so.

28.7 You shall only use Customer contact information insofar as necessary to supply the Third Party Services. You shall keep such information confidential and shall delete it on request by us.

28.8 We do not guarantee that you will receive any, or any particular level of, contracts or revenues from this agreement.

28.9 We do not vet Customers and cannot provide any guarantees as to the conduct of Customers or the suitability or safety of our App. You visit Customers at your own risk. You must leave immediately if you have any concerns including as to safety.

28.10 You agree not to solicit or accept any payment or booking directly from any Customer either during this agreement or for six months thereafter.

28.11 You shall not request or accept any payment for Third Party Services direct from a Customer.

28.12 We do not promise that the Third Party Contract processes in our App are compliant with any applicable laws and regulations. It is your responsibility to satisfy yourself in this regard, by taking appropriate professional advice if necessary.

29. Payment

29.1 Subject to this agreement, and provided you haven’t cancelled the booking, we shall use reasonable endeavours to pay you weekly the amount of the Customer Fees actually received by us (i.e. after any discount which we have given to the Customer arising from discount codes or otherwise) subject to any deductions mentioned below.

29.2 We are entitled to deduct our Admin Fee from the Customer Fee. The amount of the Admin Fee shall be the percentage of the Customer Fee specified by us when you signed up for the App. We may at any time change the amount of our Admin Fee. If so, we will give you notice by email, SMS or in-app message. Any bookings made after that notice will be subject to the new Admin Fee.

29.3 We are entitled in our discretion to refund to the Customer on your behalf all or part of the Customer Fee insofar as the Customer makes a complaint or raises a dispute or cancels the booking or we otherwise consider it appropriate to make such a refund in our discretion (which may be based on our Cancellation Policy which applies at that time). We are entitled to deduct the amount of such refund from any fees due to you and you are liable to repay any shortfall in the event that the relevant Customer Fees have already been paid to you.

29.4 We are entitled to deduct from the fees due to you the amount of any Chargeback which has arisen or which we consider is likely to occur (irrespective of whether the Chargeback relates to the payment currently due). You agree to pay to us immediately on demand the amount of any Chargeback relating to a payment which we have transmitted to you.

29.5 You are responsible for making up any shortfall arising from charges made by your bank.

29.6 We shall pay interest on overdue sums at 2% over the base rate for the time being of the Bank of England.

29.7 You are responsible for checking that any invoices provided by us are suitable for your purposes and for accounting for VAT or any other applicable tax. We do not offer tax-related advice.

 

MODEL CANCELLATION FORM

Complete and return this form only if you wish to cancel the contract:

— To U Stunner Ltd, 44 Adley Street, London E5 0DY, contact@ustunner.com  [insert also your fax to the extent you make it available to customers] on behalf of the Service Provider:

— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],

— Ordered on [*]/received on [*],

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

[*] Delete as appropriate