We are Hubber Ltd, a limited company registered in England and Wales with a registered company number of 11591844 and a registered address at 8 Dean Street, London W1D 3RL (hereafter “Hubber”, “we” or “us”). These terms (the “Salon Terms”) set out the terms between you and us when you access and use our booking system provided via our website at salon.hubber.biz (the “Booking System”).
These Salon Terms were last changed on 8 March 2019.
1. The Booking System
1.1. The Booking System provides you with the ability to upload details relating to your salon (the “Salon”) and the chairs and surrounding areas that you have spare, for use by Stylists who have accepted our Stylist Terms and downloaded our mobile application (each a “Stylist”) (each a “Chair”). Following upload of details relating to your Salon and available Chairs, the Booking System then allows you to upload details of the times that such Chairs are available. Stylists then have the opportunity to book a Chair at your Salon for an appointment with that Stylist’s customer during a freely available time slot (each an “Appointment”), subject to paying the appropriate Salon Fees (as detailed below).
1.2. We may update these Salon Terms from time to time. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Booking System. The changes will apply to the use of the Booking System immediately after we have given notice. Your continued use of the Booking System indicates your agreement to be bound by the revised Salon Terms.
1.3. By setting up an Account, and clicking to agree to these Salon Terms you shall be deemed to have accepted these Salon Terms in full. You may not have an Account if you do not accept these Salon Terms.
2. Privacy and Cookies Policy
You agree that we are a data controller in respect of any personal data that we collect from you and process in conjunction with your use of our Booking System (with the terms “data controller”, “personal data” and “process” all having the meanings as set out in applicable data protection legislation, including the GDPR). Further details on our data handling practices are available in our Privacy and Cookies Policy.
3. Introduction to the Booking System
3.1. You acknowledge that Hubber may make changes to the Booking System, and you are obliged to use the most recent version of the Booking System. Hubber is not obliged to, and nor shall Hubber, provide or support older versions of the Booking System.
3.2. We will provide you with an e-mail detailing your invitation instructions in relation to setting up an account. By clicking on the link within the invite e-mail you will be invited to create an account (“Account”). You must create an Account to use the Booking System.
3.3. By setting up an Account, you promise to Hubber that:
a. the information you provide to Hubber is true and accurate and you will update such information when necessary;
b. you have not previously been banned or blocked from using the Booking System;
c. the Account you have registered is your only Account on the Booking System;
d. you accept and agree to be legally bound by these Salon Terms;
e. if you are a company or other legal entity that you have the authority to agree to these Salon Terms on behalf of such company or legal entity; and
f. you have a genuine and bona fide intent to use the Booking System for the purposes for which it was established and will act with respect to other Stylists and Salons.
3.4. Each Account is for your Salon’s use only. You are not permitted to share your username and password with any other person, other than to employees and individuals engaged by your Salon for the purposes of administering the Account for your Salon. You shall maintain the confidentiality of your user ID and password and take reasonable precautions to maintain their security, and to prevent any unauthorised access to, the Booking System.
3.5. In relation to our Booking System or its content, you shall not:
a. sublicense, lease, transfer, sell, charge, assign, rent or otherwise commercially exploit the Booking System other than for its intended purpose;
b. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, distribute, alter, reverse engineer, decompile, disassemble or otherwise reduce to human perceivable form all or any part of the Booking System;
c. attempt to obtain, access, alter, or destroy the data files, programs, procedures and/or information of Hubber, or any user of the Booking System;
d. access, transmit, create or store any virus, worm, trojan horse, bot or other destructive or contaminating program using the Booking System; or
e. deploy on the Booking System any bot, spider, web crawler or other automated query program at any time for any reason. We prohibit scraping, crawling, caching or otherwise accessing any content on the Booking System. The use of automated systems or software to extract data from the Booking System for commercial purposes (‘screen scraping’) is prohibited.
3.6. Hubber shall use its reasonable endeavours to:
a. provide support services you require to be able to use the Booking System;
b. make available the Booking System for your use for the duration of the period these Salon Terms apply; and
c. resolve disputes in accordance with clause 13.1.
4. How to update Salon details within the Booking System
4.1. When you first log into the Booking System certain details about your Salon will be included. You can then edit these details by following the instructions within the Booking System, for example uploading photos of your Salon, detailing its opening and closing times, as well as selecting/uploading information in relation to the facilities your Salon offers. Importantly, you will be required to complete information relating to what each Stylist will be provided with should they choose to book a Chair at your Salon e.g., shampoo, conditioner, towels and so forth, as well as the fees that a Stylist will be required to pay to use such Chair. You will also be able to include any specific requirements that the Stylist must adhere to when working within your Salon, for example any code of conduct or attire requirements. It is your responsibility to provide correct information and to keep this information updated for Stylists. Repeated failure to provide such correct information may result in us suspending and/or terminating your access to the Booking System.
4.2. The Booking System will also display your transaction history, including any Salon Fees paid to you in accordance with clause 6 below.
4.3. When a Stylist makes an Appointment via the App, you will be notified via e-mail and the calendar within the Booking System will be updated.
5.1. You acknowledge that Stylists may leave feedback about you and you about Stylists. This will be collated to create an average score of both your Salon and each Stylist. You consent to the publication of such feedback even though it may be critical. You release Hubber from any liability arising as a result of any such feedback.
5.2. You acknowledge that Hubber does not monitor, check or edit such feedback, which shall be available for viewing on the Booking System and the App.
5.3. If you have any complaints in relation to feedback which relates to you, you should contact us by email to email@example.com with the heading “FEEDBACK ISSUE”.
5.4. Hubber reserves the right to terminate your access to the Booking System, in its sole discretion but acting reasonably, based on any feedback submitted by a Stylist, or relating to your Salon.
5.5. When leaving feedback you agree not:
a. to send or post any harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
b. to do anything that is in any way fraudulent, false, deceptive, misleading, or deceitful, or has that purpose or effect;
c. to interfere with any other person’s use or enjoyment of the Booking System or, in the case of Stylists, the App;
d. to send or post any unsolicited or unauthorised advertising or promotional materials (e.g. any spam);
e. in any way that constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
f. in any way that infringes any patent, trade mark, trade secret, copyright or other intellectual property or proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
g. for any other purpose which Hubber decides is not permitted; or
h. instruct, assist or advise any other person to perform the acts prohibited in clauses 5.5(a) to 5.5(g).
6. Fees and Refunds
6.1. Stylists must pay fees to book an Appointment (“Stylist Fees”) which will be based on the rental charge for the Chair for the applicable time slot, such charge as inputted by you into the Booking System. Once received by Hubber, Hubber will remit the Stylist Fees to you, remitted on a weekly basis in respect of any Appointments paid for and attended, or accounted for in accordance with clause 6.2 below, during the previous week. The Stylist Fees are remitted to you less a 20% commission that Hubber is entitled to as a result of providing the App and Booking System (“Salon Fees”).
6.2. Please note that we allow Stylists to be refunded in full (less our reasonable transaction fees of up to 4% of the Stylist Fees for that Appointment) if they cancel an Appointment more than 24 hours in advance.
If a Stylist cancels an Appointment less than 24 hours in advance, then no refund will be given. If we don’t refund a Stylist we will remit the Salon Fees to you in accordance with clause 6.1 above.
6.3. You will input your bank details into the Booking System when first setting up an Account (or thereafter) to allow us to pay you the Salon Fees. It is your responsibility to ensure such bank account details are correct and that you keep these up-to-date. We may take additional steps to verify any changes to such bank details (such as two factor authentication). Hubber will not be responsible for any consequences of remitting Salon Fees to incorrect accounts as a result of failure by you to comply with the foregoing.
7.1. Both you and Hubber warrant to the other that:
a. you have full power and authority to carry out the actions contemplated under these Salon Terms, and that your entry into and performance under the terms of these Salon Terms will not infringe the rights of any third party or cause you to be in breach of any obligations to a third party; and
b. you shall comply with all applicable laws, regulatory requirements and codes of practice relating to carrying out your obligations under these Salon Terms.
7.2. You further warrant:
a. you have the right and authority to licence Chairs to Stylists in accordance with these Salon Terms and are not in breach of your lease agreement, mortgage agreement or any other agreement with a third party in relation to such licence;
b. a Stylist’s occupation of a Chair within a Salon for any Appointment is as a licensee, and no relationship of landlord and tenant is created between you and any Stylist as a result;
c. you have appropriate building and other insurance for the Salon and will provide a copy to Hubber when completing your details within the Booking System in accordance with clause 4 above, and notify Hubber with updated copies of such insurance as applicable;
d. you will comply with all applicable hygiene and health and safety legislation; and
e. once a Stylist has booked a Chair for an Appointment, unless an event occurs which is outside your control, you will not move the Stylist to an alternative Chair.
7.3. The express terms of these Salon Terms are in place of all warranties, representations, conditions, terms, undertakings and obligations which, but for this clause 7.3, would be implied or incorporated into these Salon Terms, or any collateral agreement, by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law. This includes the warranties of satisfactory quality and fitness for purpose.
7.4. We make no promise that the Booking System will meet your requirements. We cannot guarantee that the Booking System will be fault-free or that your access to the Booking System will always be available or uninterrupted. If a fault occurs with the Booking System you should report it to firstname.lastname@example.org and we will attempt to correct the fault. Your access to the Booking System may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
7.5. We do not guarantee that our Booking System will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and Booking System in order to access our Booking System. You shall ensure that you have suitable computer hardware, software and internet connection in order to access and use the Booking System. You should use your own virus protection software.
7.6. Hubber does not endorse any specific Stylist. You recognise, in using the Booking System, that it is your responsibility to:
a. use common sense and caution when using the Booking System; and
b. undertake such further due diligence as you deem necessary to help you decide whether you want to promote Chairs in your Salon to Stylists via the Booking System.
7.7. The Booking System may contain links to other websites or material that are beyond our control. We are not responsible for the content on any third party website. The Booking System may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Booking System complies with applicable laws and industry codes of practice. We are not liable to you for any error or inaccuracy in advertising and sponsorship materials or for any loss of any kind which you suffer as a result of such advertising or sponsorship.
8. Intellectual Property
8.1. The Booking System and its content (including all articles, photographs, images, text, fonts and designs, and our HUBBER trade mark) is owned by us and our licensors (unless indicated otherwise) and is protected by copyright, trade marks (both registered and unregistered), database rights, design rights and other intellectual property rights.
8.2. Hubber hereby grants you a non-exclusive, non-transferable, licence to access the Booking System and to use the Booking System to display available appointments in your Salon. Your use of the Booking System is subject at all times to your compliance with these Salon Terms. You may view, retrieve and display the content of the Booking System on a computer screen or other device which connects to the internet or print one copy of such content for your own internal business use, provided you;
a. keep intact all and any copyright and proprietary notices; and
b. do not otherwise reproduce, copy, distribute, resell or otherwise use it for other commercial purposes.
8.3. Any material you send or post to the Booking System, other than personal data which shall be treated in accordance with our Privacy and Cookies Policy, shall be considered neither confidential nor proprietary. We shall have no obligations with respect to such material and shall be free to host, display and otherwise use such material for any purpose anywhere in the world.
9. Our Liability
9.1. Nothing in these Salon Terms excludes or limits liability for: (a) death or personal injury caused by our negligence; (b) fraudulent misrepresentation; or (c) any other loss or damage for which liability cannot be limited or excluded by law.
9.2. Subject to clause 9.1, we are not liable to you in contract, tort (including negligence or breach of statutory duty, misrepresentation or otherwise) or any other common law or statutory cause of action for any loss or damages arising out of or in connection with:
a. the provision of the Booking System leading to any loss of goodwill, business opportunities, loss of profits or contracts, loss of anticipated savings, wasted management time or office time;
b. your use of the Booking System, specifically:
i. any errors or omissions made by you in relation to your use of the Booking System;
ii. use of the Booking System in a manner contrary to the instructions given by us;
iii. use of the Booking System after notice of any alleged or actual infringement from any appropriate authority;
iv. your relationship or any correspondence with any Stylist, notwithstanding your obligations to comply with clause 11.6; v. any subsequent agreements that you enter into with a Stylist, notwithstanding your obligations to comply with clause 11.6; and
vi. the results of your use of the Booking System – specifically we do not guarantee that the use of the Booking System will result in an increased number of bookings for you or any increase in profits for your business;
c. any error or omission, whether human or man-made, in the provision of the Booking System (including any typographical or programming errors);
d. the provision of the Booking System leading to a loss or corruption of content or data or losses or damage to any computer equipment, computer programs, data or other proprietary material caused by viruses, bugs, worms, trojan horses, bots or other harmful and destructive components;
e. the failure of your software, hardware or connection to the Internet;
f. any modification to the Booking System by anyone other than Hubber; or
g. any unauthorized access to the Booking System by any person through accident or by fraudulent means or devices.
9.3. Subject to clause 9.1, we are not liable to you in contract, tort (including negligence or breach of statutory duty, misrepresentation or otherwise) or any other common law or statutory cause of action for any loss or damages which are indirect, incidental, special, punitive, or consequential.
9.4. Subject to clause 9.1, while we try to ensure that content on the Booking System is correct, reputable and of high quality, we give no representation or warranty, whether express or implied in relation to the content and as to whether the content is accurate, complete or current. We shall not be liable for any reliance placed on any of the content on the Booking System by you or any third party.
9.5. Subject to clause 9.1, our liability to you in contract, tort (including negligence or breach of statutory duty, misrepresentation or otherwise) or for any other common law or statutory cause of action or otherwise arising by reason of or in connection with these Salon Terms shall be limited to the Salon Fees paid to you in the 12 months prior to the event giving rise to the liability.
9.6. We shall not be responsible for any breach of these Salon Terms caused by circumstances beyond our reasonable control.
10. Suspension of your Account
10.1. We may suspend your Account (or any part of your access to the Booking System) at any time if in our reasonable opinion:
a. you have failed to comply with any of the provisions of these Salon Terms;
b. we need to carry out maintenance; or
c. for any other reason.
10.2. In order to facilitate a suspension of the Booking System, we may, without any liability to you, disable your password, Account and access to all or part of the Booking System. We are under no obligation to provide any or all of the Booking System until the circumstances at clause 10.1 are resolved to our satisfaction.
10.3. Exercise of any right of suspension under this clause 10 does not waive any right of termination which Hubber may have.
11. Termination of your Account
11.1. The “Term” is the period for which these Salon Terms are in force. The Term shall commence on the date from which your Account is first activated and you agree to these Salon Terms and shall continue until terminated by either you or Hubber under this clause 11.
11.2. Hubber may terminate these Salon Terms at any time if, without prejudice to any other remedies it may have, you have breached or are likely to breach these Salon Terms. You may be barred from the Booking System and we make take steps to prevent you from using it. Hubber may also terminate these Salon Terms for any reason at any time.
11.3. You may terminate these Salon Terms by closing your Account at any time using the facility on the Booking System.
11.4. The termination of your Account, for whatever reason shall:
a. end all licences granted under these Salon Terms, all outstanding Appointments will be cancelled and you may no longer access the Booking System;
b. not affect any of your rights, remedies, obligations or liabilities that have accrued during the Term, including the right to claim damages in respect of any breach of these Salon Terms; and
c. not affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such expiry or termination.
11.5. Where we terminate these Salon Terms for breach in accordance with clause 11.2, you will not be entitled to any Salon Fees for any outstanding Appointments and we shall be entitled to obtain a refund for any Salon Fees already obtained in respect of Appointments that subsequently get cancelled.
11.6. You acknowledge and agree that during the duration of these Salon Terms, and for, in the case of a Term of: (a) less than one year, one month; (b) between one year and two years, three months; and (c) more than two years, six months after their termination, that you will not: (a) in your personal capacity or otherwise, whether working for or on behalf of a business, either directly or indirectly, solely or jointly with or through any other person, on your own account or as agent, manager, advisor, investor or consultant for any other person or otherwise howsoever enter have any dealings with a Stylist other than through the Booking System; and/or (b) solicit or contact any Stylist customer directly, other than to verify or confirm an Appointment booked by the Stylist relating to that customer.
12.1. Notices: All notices given under or in connection with these Salon Terms to you shall be in writing and shall be sent to the email address you provided. All notices given under or in connection with these Salon Terms shall be in writing, and if to you shall be sent to the email address you provided when your Account was opened (or as amended). Any such notice shall be delivered by email, and shall be deemed to have been served when successfully despatched in full.
12.2. Assignment and Subcontracting: You may not assign, sub-license, transfer or charge any of your rights or obligations under these Salon Terms. Hubber may sub-contract any of its obligations under these Salon Terms.
12.3. Independent Contractors: Nothing in these Salon Terms shall render you an agent or partner of each other or Hubber and Hubber shall not hold itself out as such.
12.4. Entire Agreement: These Salon Terms constitute the entire understanding between you and Hubber concerning the subject matter hereof. You acknowledge and agree that in entering into these Salon Terms you have not relied on any representation or warranty or undertaking other than those expressly set out in these Salon Terms and, except in relation to any liability for fraudulent misrepresentation, you shall not be under any liability or have any remedy in respect of misrepresentation or untrue statement.
12.5. No Waiver: No failure or delay by Hubber in exercising any right or remedy provided under these Salon Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
12.6. Severability: Each provision of these Salon Terms shall be construed separately and notwithstanding that the whole or any part of any such provision may prove to be illegal or unenforceable the other provisions of these Salon Terms and the remainder of the provision in question shall continue in full force and effect.
12.7. Third Party Rights: A person who is not a party to these Salon Terms may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999, or any other similar legislation around the world.
12.8. Interpretation: References to clauses are references to the relevant clause in these Salon Terms. Words denoting the singular include the plural and vice versa and words of any one gender include reference to both genders. References to a “person” include natural persons, corporations, companies, firms, associations and organisations. References to “including” and “include” shall be construed as illustrative and deemed to mean respectively “including without limitation” and “include without limitation”. References in these Salon Terms to any statute, statutory provision or regulation includes a reference to: (i) that statute, statutory provision or regulations as from time to time amended, extended, re-enacted or consolidated whether before or after the date of these Salon Terms; and (ii) all statutory instruments or orders made pursuant to it.
13. Law and Jurisdiction
13.1. These Salon Terms and any dispute arising out of or in connection with these Salon Terms and your use of the Booking System shall be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to commence court proceedings, you must do so in the courts of England and Wales. Any dispute arising out of or in connection with your use of Stylists during any Appointment shall be directed to Hubber in the first instance. If Hubber, after using its reasonable endeavours to resolve the dispute, is unable to do so, then such dispute shall be dealt with between you and the applicable Stylist and shall be pursued separately and independently of us and without our contribution.
13.2. We make no promise that materials on the Booking System are appropriate or available for use in locations outside the United Kingdom, and accessing the Booking System from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Booking System from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
If at any time you would like to contact us about your views or any enquiry relating to these Stylist Terms or Hubber Ltd more generally, you can do so at email@example.com or write to us at 8 Dean Street, London W1D 3RL.