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 “Stylist Terms”) set out the terms between you and us when you access and use our mobile application (the “App”).
These Stylist Terms were last changed on 8 March 2019.
1.1. Our App provides you with the ability to book a chair and surrounding area (such area as determined by the Salon and notified to you via the App) (each a “Chair”) within participating salons, being those salons that have separately agreed to our Salon Terms (each a “Salon”) for the purposes of carrying out a hairdressing appointment (each an “Appointment”) for your particular customer.
1.2. We may update these Stylist 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 App. The changes will apply to the use of the App immediately after we have given notice. Your continued use of the App indicates your agreement to be bound by the revised Stylist Terms.
1.3. By setting up an Account, and clicking to agree to these Stylist Terms you shall be deemed to have accepted these Stylist Terms in full. You may not have an Account if you do not accept these Stylist Terms.
2. Privacy and Cookies Policy
2.1. Subject to clause 2.2 below, 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 App (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.
2.2. If you provide any personal data relating to any of your customers (name, e-mail and mobile number), we shall be a data processor in respect of such data and shall use that solely for the purposes of, if you request us to do so, providing Appointment updates to such customers. You confirm that you have a valid legal ground for processing such data and providing such data to us, and shall indemnify us in respect of any losses that we suffer as a result of processing such data on your behalf and in accordance with your instructions, save where such losses are solely due to our own negligence.
3. Use of your Account
3.1. You acknowledge that Hubber may make changes to the App, and you are obliged to use the most recent version of the App. Hubber is not obliged to, and nor shall Hubber, provide or support older versions of the App.
3.2. You must create an account (“Account”), to use the App.
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 App;
c. the Account you have registered is your only Account on the App;
d. you accept and agree to be legally bound by these Stylist Terms;
e. you are aged 18 or over;
f. if you are a company or other legal entity that you have the authority to agree to these Stylist Terms on behalf of such company or legal entity; and
g. you have a genuine and bona fide intent to use the App for the purposes for which it was established and will act with respect to other Stylists and Salons.
3.4. Each Account is for personal use only. You are not permitted to share your username and password with any other person. 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 App. You can access your Account details at any time by clicking “My Account” within the App.
3.5. In relation to our App or its content, you shall not:
a. sublicense, lease, transfer, sell, charge, assign, rent or otherwise commercially exploit the App 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 App;
c. attempt to obtain, access, alter, or destroy the data files, programs, procedures and/or information of Hubber, or any user of the App;
d. access, transmit, create or store any virus, worm, trojan horse, bot or other destructive or contaminating program using the App; or
e. deploy on the App 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 App. The use of automated systems or software to extract data from the App 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 App;
b. make available the App for your use for the duration of the period these Stylist Terms apply; and
c. resolve disputes in accordance with clause 13.1.
3.7. Once you have registered for the App, we will send you a confirmation e-mail where we will require you to provide us with your insurance details. Once we have approved your insurance meets our requirements (as set out in such e-mail) you will then be able to access your Account.
4. How to book an Appointment
4.1. When you first open the App, you will see a brief description of each Salon, including its rating determined in accordance with clause 5 below. By clicking “View Renting Options” you can select the duration of the Appointment you wish to book and then click the date on which you wish to book such Appointment. You will then be presented with a list of available times on that date before being able to select the Chair you wish to hire (which will display the applicable Stylist Fees payable in accordance with clause 6 below). Once the Stylist Fees have been paid your Appointment will be confirmed.
4.2. Your booked Appointments will be displayed in the “My Bookings” section of the App. We will remind you, by text message, 1 day prior to any booked Appointment. Text messages will, however, only be sent between 9 am and 8 pm - if a reminder falls outside of these times, then it will not be sent.
4.3. Please carefully review the Salon details when selecting your chosen Salon. The Salon will display information confirming what equipment you need to bring to the Appointment as well as specifying any rules (the Salon Code of Conduct) that you must comply with. You should act as a professional at all times when carrying out your Appointment and, in particular, you must: (a) keep the Chair tidy; (b) not cause damage to the Chair or any of the Salon equipment provided; (c) not unduly interfere with the other Salon staff, including their possessions and equipment; and (d) be responsible for your own hygiene and health and safety matters. We reserve the right to suspend and/or terminate your access to the App if you breach any of the foregoing provisions. Whilst Salons are required to not move you to an alternate Chair, except in circumstances outside its control, there remains the possibility that Salons may do so. If you have concerns about repeatedly being moved, please contact firstname.lastname@example.org.
5.1. You acknowledge that Salons may leave feedback about you and you about Salons which will be in the form of a rating system based on the average of the feedback provided. 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 App and the Salon Booking System.
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 App, in its sole discretion but acting reasonably, based on any feedback submitted by a Salon, or relating to you.
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 App or, in the case of Salons, the Booking System;
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. To book an Appointment you must pay fees (the “Stylist Fees”) which will be displayed to you during the booking process and will be dependent on matters such as the duration of the Appointment and your chosen Chair. You acknowledge that the Stylist Fees include the 20% commission that Hubber is entitled to as a result of providing the App.
6.2. If you cancel an Appointment with more than 24 hours’ notice, we shall refund the Stylist Fees in full (less our reasonable transaction fees of up to 4% of the Stylist Fees for that Appointment). If you cancel an Appointment with less than 24 hours’ notice no refund will be available and you shall be responsible for obtaining an alternative client to fill that Appointment or obtaining a refund from your client. We accept no liability for any losses suffered by you as a result of failing to comply with our cancellation procedures. You will input your bank details into the App when first setting up an Account (or thereafter) to allow us to pay you any such refunds. 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 Stylist Fees to incorrect accounts as a result of failure by you to comply with the foregoing.
6.3. The Stylist Fees are exclusive of VAT or other taxes (where applicable). You are also responsible for any expenses (such as travel and accommodation) incurred by you in attending each Appointment.
6.4. You shall pay the Stylist Fees via the payment methods listed on the App. All payments by credit or debit card are subject to checks by us, your card issuer and any payment provider. You can, if you wish, store payment cards for ease of access in future.
6.5. We are not a payment provider or a ‘merchant’ for payment and may use third party payment providers such as Stripe to collect Stylist Fees. In such instances, we are not party to any agreement between you and the payment provider and are not liable for any claim or liability in relation to payment provision services. You may be bound by the payment provider’s terms which may be different to these Stylist Terms. Payment providers may decide whether you are suitable to use their services and we are not liable for such decisions.
6.6. If any payment due remains unpaid for more than 7 days after it becomes due and payable, we reserve the right to suspend your access to the App until payment is received.
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 Stylist Terms, and that your entry into and performance under the terms of these Stylist 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 Stylist Terms.
7.2. You further warrant that:
a. your 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 Salon as a result;
b. you are not entitled to any statutory protection when the licence to occupy the Chair for the duration of an Appointment ends;
c. the Salon is in control of each Chair and has the right to exclude you from such Chair if at any time it feels that you are not carrying out your duties in line with its general business purposes, including if you breach the Salon Code of Conduct;
d. you are self-employed for the purposes of carrying out your business in accordance with these Stylist Terms and nothing in these Stylist Terms shall render you an employee, worker, agent or partner of the Salon or Hubber, and you shall not hold yourself out as such;
e. you are responsible for all liabilities in respect of taxes including income tax, VAT and national insurance or similar applicable social security contributions in respect of any fees payable under these Stylist Terms;
f. you are suitably qualified to carry on your business as a Stylist and, if requested, shall provide us with evidence of your qualifications as soon as reasonably practicable following our request; and
g. you will comply with a Salon’s Code of Conduct and adhere to any requirements in relation to matters such as what equipment you must provide and any particular dress code.
7.3. The express terms of these Stylist 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 Stylist 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 App will meet your requirements. We cannot guarantee that the App will be fault-free or that your access to the App will always be available or uninterrupted. If a fault occurs with the App you should report it to firstname.lastname@example.org and we will attempt to correct the fault. Your access to the App may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
7.5. Hubber does not endorse any specific Salon. You recognise, in using the App, that it is your responsibility to:
a. use common sense and caution when using the App; and
b. undertake such further due diligence as you deem necessary to help you decide whether you want to book an Appointment in a particular Salon.
7.6. The App 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 App may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the App 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 App 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 App and to use the App to book Appointments in participating Salons. Your use of the App is subject at all times to your compliance with these Stylist Terms. You may view, retrieve and display the content of the App 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 App, 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 Stylist 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 App 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 App, specifically:
i. any errors or omissions made by you in relation to your use of the App;
ii. use of the App in a manner contrary to the instructions given by us;
iii. use of the App after notice of any alleged or actual infringement from any appropriate authority;
iv. your relationship or any correspondence with any Salon, notwithstanding your obligations to comply with clause 11.6; v. any subsequent agreements that you enter into with a Salon, notwithstanding your obligations to comply with clause 11.6; and
vi. the results of your use of the App – specifically we do not guarantee that the use of the App will result in an increased number of bookings for you or any increase in profits for your Stylist business;
c. any error or omission, whether human or man-made, in the provision of the App (including any typographical or programming errors);
d. the provision of the App 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 App by anyone other than Hubber; or
g. any unauthorized access to the App 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 App 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 App 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 Stylist Terms shall be limited to the Stylist Fees that you have paid via the App 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 Stylist 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 App) at any time if in our reasonable opinion:
a. you have failed to comply with any of the provisions of these Stylist Terms;
b. we need to carry out maintenance; or
c. for any other reason.
10.2. In order to facilitate a suspension of the App, we may, without any liability to you, disable your password, Account and access to all or part of the App. We are under no obligation to provide any or all of the App 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 Stylist Terms are in force. The Term shall commence on the date from which your Account is first activated and you agree to these Stylist Terms and shall continue until terminated by either you or Hubber under this clause 11.
11.2. Hubber may terminate these Stylist Terms at any time if, without prejudice to any other remedies it may have, you have breached or are likely to breach these Stylist Terms. You may be barred from the App and we make take steps to prevent you from using it. Hubber may also terminate these Stylist Terms for any reason at any time.
11.3. You may terminate these Stylist Terms by closing your Account at any time using the facility on the App.
11.4. The termination of your Account, for whatever reason shall:
a. end all licences granted under these Stylist Terms, all outstanding Appointments will be cancelled and you may no longer access the App;
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 Stylist 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 Stylist Terms for breach in accordance with clause 11.2, you will not be entitled to a refund for any Stylist Fees paid in respect of upcoming Appointments and we shall be entitled to obtain a refund for any Stylist Fees already obtained in respect of Appointments that subsequently get cancelled.
11.6. You further acknowledge and agree that during the duration of these Stylist 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, 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 Salon other than through the App.
12.1. Notices: All notices given under or in connection with these Stylist 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 Stylist 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 Stylist Terms. Hubber may sub-contract any of its obligations under these Stylist Terms.
12.3. Independent Contractors: Nothing in these Stylist 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 Stylist Terms constitute the entire understanding between you and Hubber concerning the subject matter hereof. You acknowledge and agree that in entering into these Stylist Terms you have not relied on any representation or warranty or undertaking other than those expressly set out in these Stylist 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 Stylist 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 Stylist 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 Stylist 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 Stylist 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 Stylist 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 Stylist 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 Stylist Terms; and (ii) all statutory instruments or orders made pursuant to it.
13. Law and Jurisdiction
13.1. These Stylist Terms and any dispute arising out of or in connection with these Stylist Terms and your use of the App 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 Salons 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 Salon and shall be pursued separately and independently of us and without our contribution.
13.2. We make no promise that materials on the App are appropriate or available for use in locations outside the United Kingdom, and accessing the App from territories where its contents are illegal or unlawful is prohibited. If you choose to access this App 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.