Terms of Use

This website (www.gwenelda.com) is operated by Gwenelda. (“we, us, our, Gwenelda”). Our registered company office address is at Flat 3, 88 Tachbrook Street, London, SW1V 2NB. These Terms of Use govern the use of the application offered by Gwenelda on the website and through its software. Such application and website together are hereinafter referred to as the “Application”.

Please read these Terms of Use and Gwenelda’s privacy policy carefully (the “Privacy Policy”) before using the Application. Your use of the Application constitutes your acceptance of and agreement to the Terms of Use and the Privacy Policy and your representation that you are 18 years of age or older. If you object to anything in these Terms of Use or in the Privacy Policy, please do not use the Application. The Privacy Policy is incorporated by reference into these Terms of Use.

We may change these Terms of Use (including our Privacy Policy) and/or our policies relating to the Service (as defined below) or the Application from time to time. You are responsible for reviewing the Terms of Use. Continued use of the Application and/or the Service after any such changes shall constitute your consent to such changes.

These Terms of Use come into effect on the day they are electronically accepted by the Client. You cannot use the Application or the Services if you have not clicked and accepted the Terms of Use.

 1. Application

1.1 The Application is a communications platform which enables the connection between Clients and Professional. “Clients” are individuals and/or businesses seeking to obtain hair, beauty and other well-being services (“Services”) from qualified professionals through the Application. Professionals are individuals and/or businesses seeking to perform hair, beauty and other well-being services for Clients. Clients are hereinafter referred to as “Users” and “You” and “Your”. You acknowledge and agree that Gwenelda is not a hair, beauty or other well-being service provider. 

1.2 Without limiting the foregoing, neither Gwenelda nor its affiliates or licensors warrant that access to the Application will be uninterrupted or that the Application will be error-free; nor do they make any warranty as to the results that ma be obtained from the use of the Application, or as to the timeliness, accuracy, reliability, completeness or contact of any Service, information or materials provided through or in connection with the use of the Application. 

1.3 Neither Gwenelda nor its affiliates or licensors warrant that the Application is free from viruses, worms, trojan horses, or other harmful components. 

 2. Vetting of Professionals

2.1 Professionals will be subject to an extensive vetting process before they can register and during their use of the Application, including but not limited to a verification of identity and accreditation and a disclosure and barring service check.

2.2 Although Gwenelda will perform background checks on Professionals, as outlined above, Gwenelda cannot confirm that each Professional is who they claim to be and therefore, Gwenelda cannot and does not assume any responsibility for the accuracy or reliability identity or any information provided through the Application.

2.3 Where we describe Professionals as “accredited” or similar, this means only that we have carried out certain checks as specified on the Application at the time the Client books the Service 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. Gwenelda does not provide any warranties or guarantees regarding any Professional's accreditation, registration or license, Nor can we guarantee that the Professionals are otherwise suitable for your purposes. You use Professionals and the Application at your risk.

2.4 Gwenelda is not responsible for the performance of Professionals, nor do we have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services rendered by Professionals through the Application, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professional. Gwenelda makes no representations about the suitability, reliability, timeliness, or accuracy of the Services requested and provided by Professionals identified through the Application whether in public, private or offline interactions. 

2.5 When interacting with Professionals, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you do not know.

2.6 Each Client acknowledges that Gwenelda does not, in any way, supervise, direct or control a Professional's work or Service in any manner. Gwenelda does not set a Professional's work hours or location of work. Gwenelda will not provide any equipment, labor or materials needed for a particular Service. 

3. Fees, Billing and Payment

3.1 The use of the Application is free of charge. Gweneda reserves the right to introduce a fee for registration and/or use of the Application. If Gwenelda decides to introduce such a fee, Gwenelda shall provide you with reasonable notice. You can of course opt to cease using the Application if you do not wish to pay such fee.

3.2 You understand and agree that the Services will be purchased via the Application from Gwenelda, acting as an agent for the Professional. Clients using the Application  will be deemed to contract for Services directly Professionals. Gwenelda will not be a party to any contracts for Services.

3.3 The rates that apply to the Services provided by the Professionals can be found on the Application. These may be modified or updated by Gwenelda from time to time. It is your own responsibility to remain informed about the current rates of Services.

3.4 You understand that Gwenelda shall charge you for the Services provided by the Professionals using the Application, on behalf of Professionals.

3.5 Gwenelda uses a third-party payment processor (the “Payment Processor”) to link your credit card to the Application. The third party is currently Optimal Payments, and we reserve the right to change the Payment Processor at any time. The processing of payments or credits, as applicable, in connection with your use of the Application will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer. Gwenelda is not responsible for any errors by the Payment Processor. In connection with your use of the Application, Gwenelda will obtain certain transaction details, which Gwenelda will solely use in accordance with our Privacy Policy.

3.6 Clients will be required to provide their credit card or bank account details to Gwenelda and the Payment Processor.

3.7 Clients will be responsible for paying for the Services. Payments for the Service and fees must be paid through the Application and may be paid using a Gift Card (see Section 4 below). At the time of booking the Application will process payment for the Service from the Client’s credit card but monies will only be transferred after the Service has been provided.

3.8 Gwenelda reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any Service payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the Payment Processor to do so.

3.9 Clients will be liable for any taxes (including VAT, if applicable) required to be paid on the Application and/or the Services.
3.10 Please note that clients will need to spend a minimum of £20 to purchase a booking. 

4. Gift Cards and Vouchers

4.1 Gwenelda may issue gift cards (“Gift Cards”) and vouchers or promotional codes (“Vouchers”) may be made available from time to time and can be used to pay in part or in full for Services and use of the Application. All such promotions will be run at the sole discretion of Gwenelda, and can be activated, modified, or removed at any time by Gwenelda without advance notification. You agree that you will only use one Voucher per person, and will comply with Voucher terms, including but not limiting Voucher use to first-time Clients (which means that you will not use such a Voucher with a new account you create if you already have an account on the Application).

4.2 Clients must enter each Gift Card into their account for its appropriate value before the value can be used on the Application.

4.3 Gift Cards are not replaceable if lost or stolen.

4.4 A Gift Card cannot be combined with any other Gift Cards, gift certificates or other coupons. A Gift Card cannot be used as a credit or debit card. Gwenelda reserves the right to limit the number of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believes that the Gift Card was obtained through fraudulent or unauthorised means. 

4.5 No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (i.e., it is not possible to add value/balance to your Gift Card). If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Gwenelda reserves the right to correct the balance of a Gift Card if we believe that a billing error has occurred. Gwenelda disclaims all liability for any such billing errors.

4.6 Gift Cards and their use are subject to these Terms of Use, the Privacy Policy and use of a Gift Card constitutes acceptance thereof.

5. Public Areas; Acceptable Use 

5.1 The Application may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Clients to communicate with other Clients. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum.

5.2 Without limitation, while using the Application, you may not:

  •        Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Gwenelda staff.
  •        Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
  •        Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
  •        Upload files that contain viruses, trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
  •        Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
  •        Advertise or offer to sell any goods or services for any commercial purpose through the Application which are not relevant to the Services or use of the Application.
  •        Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  •        Impersonate another person or a Client or allow any other person or entity to use your identification to post or view comments.
  •        Post the same Service repeatedly (“Spamming”). Spamming is strictly prohibited.
  •        Download any file posted by another Client that a Client knows, or reasonably should know, cannot be legally distributed through the Application.
  •        Restrict or inhibit any other Client from using and enjoying the Public Areas.
  •        Imply or state that any statements you make are endorsed by Gwenelda, without the prior written consent of Gwenelda.
  •        Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Application in any manner.
  •        Hack or interfere with the Application, its servers or any connected networks.
  •        Adapt, alter, license, sublicense or translate the Application for your own personal or commercial use.
  •        Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Gwenelda.
  •        Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm        of any kind against any individual or group of individuals.
  •        Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
  •        Use the Application to solicit for any other business, website or service, or otherwise contact Professionals for employment, contracting or any purpose not related to use of the                  Application as set forth herein.
  •        Use the Application to collect usernames and or/email addresses of Clients or Professionals by electronic or other means.
  •        Register under different usernames or identities, after your account has been suspended or terminated.

 

5.3 You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and Gwenelda will not be responsible for the action of any Clients with respect to any information or materials posted in Public Areas.

6. Termination and Suspension

6.1 Gwenelda may terminate or suspend your right to use the Application at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.

6.2 Without limitation, Gwenelda may terminate or suspend your right to use the Application if you breach the Terms of Use or any policy of Gwenelda posted through the Application from time to time, or if Gwenelda otherwise finds that you have engaged in inappropriate and/or offensive behavior. If Gwenelda terminates or suspends your right to use the Application for any of these reasons, you will not be entitled to any refund any unused balance in your account.

6.3 If Gwenelda terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Gwenelda reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

6.4 You may terminate your agreement with Gwenelda at any time by ceasing all use of the Application. All sections which by their nature should survive the expiration or termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of of your use of the Application.

7. Account, Password, Security and Cell Phone Use

7.1 You must register with Gwenelda and create an account to use the Application. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Gwenelda for accessing the Application. You are solely and fully responsible for all activities that occur under your password or account. Gwenelda has no control over the use of any Clients account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to contact Gwenelda immediately.

7.2 By providing your mobile phone number and using the Application, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the Application and the Service. Gwenelda will not apply any charges for calls or texts, but standard message charges or other charges from your mobile phone carrier may apply. You may opt-out of receiving text messages from us by modifying your account settings on the Application, or by emailing info@gwenelda.com

8. Your Information and Likeness

8.1 “Your Information” is defined as any information and materials you provide to Gwenelda or a Professional in connection with your registration for and use of the Application, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this section, as provided by each Client, is collectively referred to herein as “Client Generated Content.”

8.2 You hereby represent and warrant to Gwenelda that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability forGwenelda or cause Gwenelda to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

8.3 The Application hosts Client Generated Content relating to reviews of specific Professionals. Such reviews are opinions and not the opinion of Gwenelda, have not been verified or approved by Gwenelda and each Client should undertake their own research to be satisfied that a specific Professional is the right person for a Service. You agree that Gwenelda is not liable for any Client Generated Content. 

8.4 You hereby grant Gwenelda a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Application and the Service.

8.5 Each Client who provides to Gwenelda any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the Application, hereby irrevocably grants to Gwenelda the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:

  • Use any videotape, film, record or photograph that such Client provides to Gwenelda, and use, reproduce, modify, or creative derivatives of such Client picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”), in and in connection with the exhibition, distribution, display, performance, transmission, broadcasting on any and all media, including, without limitation, the internet, of any videos or images of such Client in connection with the Application.
  •  Reproduce in all media any recordings of such Client’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Application.
  •  Use, and permit to be used, such Clients’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Application in any media.
  •  Use, and permit to be used, such Client's name and identity in connection with the Application.

8.6 Each Client hereby waives all rights and releases Gwenelda from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Client’s identity, likeness or voice in connection with the Application.

8.7 Each Client acknowledges that Gwenelda shall not owe any financial or other remuneration for using the recordings provided hereunder by such Client, either for initial or subsequent transmission or playback, and further acknowledges that Gwenelda is not responsible for any expense or liability incurred as a result of such Client’s recordings or participation in any recordings, including any loss of such recording data.

8.8 Gwenelda and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

9. Links to Other Websites

9.1 Links (such as hyperlinks) from the Application to other sites on the internet do not constitute the endorsement by Gwenelda of those sites or their content. Such links are provided as an information service, for reference and convenience only. Gwenelda does not control any such sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

9.2 The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by Gwenelda’s Terms of Use or Privacy Policy. You access such third-party websites at your own risk. Gwenelda expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Application. You hereby agree to hold Gwnenelda harmless from any liability that may result from the use of links that may appear on the Application.

9.3 As part of the functionality of the Application, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Application; or (ii) allowing Gwenelda to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Gwenelda and/or grant Gwenelda access to your Third Party Account (including, but not limited to, use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Gwenelda to pay any fees or making Gwenelda subject to any usage limitations imposed by such third party service providers.

9.4 By granting Gwenelda access to any Third Party Accounts, You understand that (i) Gwenelda may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Application via your account, including without limitation any friend lists, and (ii) Gwenelda may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Unless otherwise specified in these Terms of Ise, all SNS Content, if any, shall be considered to be User Generated Content for all purposes of these Terms of Use. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Application. Please note that if a Third Party Account or associated service becomes unavailable or Gwenelda’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Application.

9.5 You will have the ability to disable the connection between your account on the Application and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your Third Party Accounts is governed solely by your agreement(s) with such third party service providers. Gwenelda makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Gwenelda is not responsible for any SNS Content.

9.6 You acknowledge and agree that Gwenelda may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Application.

9.7 At your request made via e-mail to info@gwenelda.com, Gwenelda will deactivate the connection between the Application and your Third Party Account and delete any information stored on Gwenelda’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.

10. Insurance of Professionals

Every Professional will be covered by professional indemnity insurance.

11. Intellectual Property Rights

11.1 All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Clients see or read through the Application is owned by Gwenelda, excluding Client Generated Content that Gwenelda has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Gwenelda owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials pursuant to the Copyright, Designs and Patents Act 1988, as amended. Client may not copy, download, use, redesign, reconfigure, or retransmit anything from the Application without Gwenelda’s express prior written consent and, if applicable, the holder of the rights to the Client Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Gwenelda and, if applicable, the holder of the rights to the Client Generated Content.

11.2 The service marks and trademarks of Gwenelda, including without limitation Gwenelda and the Gwenelda logos are service marks owned by Gwenelda. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

12. Liability

12.1 Gwenelda shall not be liable for any loss or damage caused by Gwenelda or its employees or agents. Nothing in these Terms of Use in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. You must give Gwenelda a reasonable opportunity to remedy any matter for which Gwenelda is potentially liable before you incur any costs remedying the matter yourself.

12.2 You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of these Terms of Use or misuse of the Application (subject of course to our obligation to mitigate any losses).

12.3 Neither party shall be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental actions, acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures, and Internet disturbances.

13. Indemnification

You hereby agree to indemnify, defend, and hold harmless Gwenelda, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including legal fees and costs incurred, in connection with (i) your use or inability to use the Application, or (ii) any content submitted by you or using your account to the Application, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Gwenelda reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Gwenelda.

14. No Agency

Nothing in these Terms of Use shall be deemed to create any agency, partnership, or joint venture relationships between the parties. Neither party will be deemed to be an employee or legal representative of the other nor will either party have any right or authority to create any obligation on behalf of the other party.  


15. Governing Law

These Terms of Use will be is governed by, and will be construed under, the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with these Terms of Use.

16. General Provisions

We may send all notices under these Terms of Use by email to the most recent email address you have supplied to us (unless otherwise stated in these Terms of Use). Headings used in these Terms of Use are for information and not binding. Any failure by either party to exercise or enforce any right or provision of these Terms of Use does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of these Terms of Use shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
 

17. Changes to this Agreement and the Service

17.1 Gwenelda reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Use (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Application and/or the Service or any content or information through the Application at any time, effective with or without prior notice and without any liability to Gwenelda. Gwenelda will endeavor to notify you of these changes by email, but will not be liable for any failure to do so.

17.2 If any future changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you must terminate, and immediately stop using, the Application. Your continued use of the Application following any revision to these Terms of Use constitutes your complete and irrevocable acceptance of any and all such changes. Gwenelda may change, modify, suspend, or discontinue any aspect of the Application at any time without notice or liability. Gwenelda may also impose limits on certain features or restrict your access to parts or all of the Application without notice or liability.

18. Cancellation Policy

18.1 24 hours notice is required for cancellation of single session/appointment. Missed sessions without the appropriate notice will be charged as if attended.

18.2 Refunds will only be given at the discretion of management.

19. Other Terms

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

I hereby acknowledge that I have read and understand the foregoing Terms of Use and the Privacy Policy and agree that my use of the Application and the Service is an acknowledgment of my agreement to be bound by the Terms of Use.