TERMS AND CONDITIONS

1. User terms

1.1 These terms and conditions (“Terms”) apply to all services (“Services”) provided or arranged by us, Humisio Limited (“us”, “we” or “Humisio”) to or for you the customer or user and recipient of the Services (“you”).

1.2 These Terms govern your use of the website www.humisio.com and our associated applications (together referred to in these Terms as the “Website”) or such alternative website or application or other means of accessing our Services as we may specify from time to time, your relationship with Humisio and all services whatsoever supplied by us to you whether through the Website or otherwise. By continuing to use the Website or the Services you accept these Terms and they will apply to the agreement between you and us (the “Agreement”).

1.3 Please note that these Terms apply only to the provision of Services directly by us to you namely the service we offer allowing you to book appointments and other events and services (“Appointments”) with our registered mobile beauty therapists (“Mobile Therapists”) (the “Providers”). These Terms do not apply to your attendance at an Appointment which is listed on the Website.

1.4 The terms which apply between you and a Provider in relation to an Appointment are set out in our Mobile Therapist Terms (a copy of which is available on request) (the “Provider Terms”) and those additional conditions set out by the Provider in their Appointment listing or which are agreed between you and the Provider (“Appointment Conditions”). In summary, Humisio facilitates the booking of beauty therapy appointments between mobile beauty therapists (the “Therapist”) and customers (the “User”). The Therapist provides beauty treatments to the user (the “Therapist Services”). The User and the Therapist acknowledge and agree that Humisio is a technology service provider and that it does not provide beauty therapy appointments, function as a Therapist or agent for Therapists. The Therapist is responsible for the accuracy of all information in its listing and any information the Therapist provides to Humisio in relation to an Appointment. The Therapist will be liable to the User if the information provided in the listing or any other written material relating to the Appointment is inaccurate, incomplete or misleading in any way. The Therapist’s liability may include any reasonable losses incurred by the User as a result of such inaccurate, incomplete or misleading information provided by the Therapist and the Therapist may be ordered to pay reasonable damages on the basis of misrepresentation, breach of contract or otherwise. The Therapist acknowledges and agrees that the Therapist’s provision of the Therapist Services creates a legal and direct business relationship between the Therapist and the User, to which Humisio is not party. Humisio is not responsible or liable for the actions or inactions of a User in relation to the activities of a Therapist or the provision of Therapist Services.

1.5 This Agreement is with you, the person using the Services and you will be responsible for ensuring that any person who attends an Appointment with you or who you have made a booking for (an “Authorised Person”) complies with the terms of this Agreement and the Appointment Conditions. You agree that you are responsible for the conduct of any such Authorised Person.

1.6 We may amend these Terms from time to time. Any amendments to these Terms or new Provider Terms will be posted to the Website. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use the Website or the Services you will be deemed to have accepted the new or amended terms and conditions.

2. Registration

2.1 Registration is not necessary to be able to access the Website but you will not be to book an Appointment through us if you have not registered and do not have an account with us (“Account”).

2.2 To register with us or make a booking we will require that you provide us with your name, postal address, valid email address and credit or debit card details. We may also require additional information from time to time. Please note that any personal information that you provide to us will be subject to our data protection obligations which are set out in our privacy policy (“Privacy Policy”) which can be seen at www.ruuby.com. The Privacy Policy forms part of this Agreement.

2.3 You will be asked to create a password when registering. We recommend that you keep your password confidential and do not disclose it to any third party. If you do so reveal your password to a third party and they then access the Website or use our Services they will be deemed to be acting as agent for you. We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your Account without authorisation from you, please notify us immediately and we will suspend or close the Account at our discretion.

2.4 You must supply a valid email address when registering so that we can email booking confirmations and other information relating to your use of our Services. We will not be held responsible if you fail to provide a valid email address and you do not receive a booking confirmation or other information from us that you might be expecting. If you become aware that you have supplied an invalid email address please contact us immediately to correct the information we hold about you.

2.5 We may suspend or close your account at any time if you are in breach of any term of this Agreement. If we suspend or close your Account you will not be able to use our Services any longer and may not be able to access all areas of the Website.

3. Bookings and Payment

3.1 If you wish to book an Appointment then you must review the details of the Appointment, including any specific Appointment Conditions listed by the Provider before making the booking. You will then be required to pay the applicable fee charged by the Provider for the Appointment (“Appointment Fee”).

3.2 Please note that the agreement relating to the provision of services at an Appointment is between you and the Provider. We act as a booking platform or agent for the purposes of arranging bookings between you and the Provider but have no liability to you in relation to the Appointment other than as set out in this Agreement.

3.3 Once we have received payment and you have accepted the Appointment Conditions your booking will be confirmed and you will have entered a binding agreement with the Provider to attend the Appointment. We will send you a booking confirmation email (“Confirmation Email”).

3.4 If you have any questions in relation to the Appointment after receipt of the Confirmation Email you will need to either raise these with the Provider directly through the chat functionality in the Humisio app, or by contacting the Humisio Concierge Team: [email protected] 

4. Appointments

4.1 You agree that the Website is a platform for advertising Appointments with our Providers and we have no responsibility for the Appointment other than to provide the Services under this Agreement which includes administering and confirming bookings and collecting payment on behalf of the Provider.

4.2 Whilst we endeavour to ensure the Appointments advertised on the Website are of a satisfactory quality we offer no warranty as to an Appointment’s suitability for your requirements. Similarly, we will have relied on the Provider for details about an Appointment provided on the Website and we offer no warranty in relation to these details.

4.3 Unless stated otherwise in these Terms, once we have confirmed your booking we have no further obligation to you in relation to the Appointment, and all responsibility lies with the Provider.

5. Complaints and Disputes

5.1 You agree that if you have any dispute with a Provider concerning them or the Appointment you will attempt to resolve it in the first instance by directly communicating with the Provider during the Appointment. If you reach a settlement with the Provider which involves a full or partial refund then you will be required to inform us of this settlement within 24 hours and we will confirm this with the Provider.

5.2 If you have a genuine complaint you must inform us within 24 hours of the Appointment by contacting  [email protected], and providing any visual evidence of the complaint where possible.

5.3 In the event that we determine that a Provider should make a refund or other payment to you and if we are holding funds on behalf of the Provider we may make the refund on the Provider’s behalf (but we are not under an obligation to do so). We have authority from the Provider to utilise withheld funds to satisfy genuine complaints but we will not ourselves pay any compensation or refund in relation to an Appointment.

5.4 Please note that we release Appointment Fees to our Providers within 30 days of the date of your booking. If you make a complaint after we have paid the Appointment Fees to the Provider then we will not be able to offer any financial compensation or refund.

5.5 If you are unable to substantiate your complaint or if you fail to cooperate with us then we will release the Appointment Fee to the Provider.

6. Cancellation and Termination.

6.1 In the event of the Provider cancelling the Appointment the Appointment Fee will be refundable. Furthermore, you agree that if a Provider wishes to cancel an Appointment they may do so through us and our Website.

6.2 The Appointment Fee will be refunded to you via your original method of payment as follows

6.2.1 100% of the Appointment fee will be refunded if you cancel an Appointment twenty-four or more hours prior to the start time of the appointment; or

6.2.2 50% of the Appointment fee will be refunded if you cancel an Appointment twenty-four to twelve hours prior to the start time of the Appointment.

6.2.3 If you cancel with less than twelve hours’ notice or fail to attend the appointment you will be charged in full, as if you had attended.

6.3 If you make a last minute bookings (i.e. with less than 12 hours between the the time of booking and appointment start time) you will have 10 minutes to amend the booking free of charge and after that usual cancellation terms apply.

6.4. For the avoidance of doubt, it is the Provider’s responsibility to make any refund you are entitled to under clause 5 if these Terms (Complaints and Disputes).

7. Your obligations and restrictions

7.1 You must:

7.1.1 Agree to observe and act in accordance with the Appointment Conditions;

7.1.2 Act with suitable consideration for the Provider and the Provider’s property;

7.1.3 Not, while attending the Appointment, act in any way which is offensive, inappropriate, rude, illegal or which might cause distress to others; including, but not limited to, engaging in inappropriate behaviour, such as sexually suggestive remarks or advances, excessive drinking, drug use, and/or other inappropriate behaviour

7.1.4 Provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid;

7.1.5 Agree to adhere as closely as possible to health and safety guidelines distributed in accordance with your appointments to ensure the safest possible treatment environment for you and your therapist.

7.1.6 Not deal with the Provider in any way which could be deemed to be harmful to the business or reputation of Humisio or do anything which might adversely affect our relationship with a Provider;

7.1.7 Not attempt to contact a Provider directly until a booking has been confirmed in a Confirmation Email;

7.1.8 Refrain from soliciting a Provider directly for engagement in further beauty services

7.1.9 Use the Website in accordance with these Terms and not in any way which may affect the reputation of Humisio or the use and enjoyment of the Website or our Services by any other users or third parties;

7.1.10 Where applicable, only provide us with credit or debit card details for which you are the sole account holder.

7.1.11 Provide a safe environment in which the treatment can be carried out.

7.2 Please be aware that you may be personally liable to the Mobile Therapist if you fail to provide a safe environment in which the treatment can be carried out.

Therapist obligations and restrictions

8. The Therapist must:

8.1.1 Provide the Therapist Services in accordance with this Agreement and the Humisio Etiquette and Hygiene Guides which shall be available on request throughout the term of this Agreement;

8.1.2 Ensure that all treatments or other services provided at an Appointment are of the highest quality, comply with industry standards and are fit for its intended purpose; and agree to adhere as closely as possible to health and safety guidelines distributed in accordance with the appointment to ensure the safest possible treatment environment for you and your client.

8.1.3 Represent the Humisio brand at all times whilst providing the Therapist Services and only use Humisio branded equipment where such equipment is provided;

8.1.4 Ensure that it has disclosed relevant health and safety information to Users including relating to common allergies associated with treatments;

8.1.5 Provide the Therapist Services with reasonable skill and care;

8.1.6 Ensure their availability (as displayed on the Website) is kept up to date at all times during the term of this Agreement;

8.1.7 Honour all bookings with Users subject to the cancellation policy in the User Terms;

8.1.8 Arrive at the Appointment location promptly and in any event by the time at which the Appointment is due to start;

8.1.9 Remain at the Appointment location for a period of at least 20 minutes after the time at which the Appointment is due to start before treating the Appointment as having been cancelled by the User;

8.1.10 Provide the Therapist Services at the Appointment in accordance with the details and information set out in the relevant Website listing;

8.1.11 Ensure that all information about the Therapist and the Therapist Services provided to the Company for inclusion on the Website is true and accurate in all respects and could not in way be construed as misleading to a User;

8.1.12 Deal with all Users in a professional and courteous manner and in such a way as to not cause any harm or damage to Humisio’s reputation;

8.1.13 Deal with all queries from Users relating to an Appointment or booking in a prompt and satisfactory manner;

8.1.14 Never solicit appointments with Humisio Users directly;

8.1.15 Subject to clause 9, use its best endeavours to settle any disputes that may arise in relation to an Appointment including taking such action as is necessary to bring the dispute to a satisfactory conclusion as soon as practicable so that the User may still fulfil their booking.

8.2 The Therapist shall at all times during the provision of the Therapist Services present itself as an ambassador of Humisio and shall not promote its own contact details, social media handles or provide any other marketing material to the User at any time in the run up to, during or after the Appointment.

8.3 The Therapist undertakes to the Company that during the term of this Agreement and for a period of 24 months after the termination of the Agreement it shall not directly or indirectly, either alone or jointly with or on behalf of any other person and whether on his own account or in any other capacity whatsoever:

8.3.1 Canvass or solicit for employment any person who is or was either at the date on which the Agreement is terminated or at any time during the 12 months prior to its termination a director or senior employee of the Company;

8.3.2 Employ or engage any person who is or was either at the date on which the Agreement is terminated or at any time during the 12 months prior to its termination a director or senior employee of the Company;

8.3.3 Solicit or interfere with any person, firm or company who is or was, either at the date on which the Agreement is terminated or at any time during the 12 months prior to its termination a supplier of goods or services to the Company if the solicitation or interference would cause the supplier to cease supplying or materially reduce its supply of goods or services to the Company;

8.3.4 Solicit or interfere with any person, firm or company who is or was, either at the date on which the Agreement is terminated or at any time during the 12 months prior to its termination a client or customer of the Company;

9 Termination and suspension

9.1 We may suspend your Account at any time should you be in breach of this Agreement. Furthermore if you have not registered with us we may suspend your access to the Website or the Services if we believe you to be in breach of this Agreement.

9.2 If we suspend your Account or access to the Website for any reason we may refuse to provide you with any Services including the right to make any further bookings. If you attempt to circumvent this clause by attempting to create a new account we reserve the right to terminate this Agreement and any existing Account you may have.

9.3. We may terminate this Agreement and your Account at any time if:

9.3.1 You are in breach of any term of this Agreement;

9.3.2 We suspect that you are about to commit a breach of this Agreement;

9.3.3 You become or we suspect that you are about to become insolvent.

9.4 Upon termination you will no longer be able to use our Services or make bookings through us.

9.5 If when we terminate this agreement you have any outstanding bookings for which you have made pre-payment we may refund you accordingly. Any such refund is at our absolute discretion.

10. Your liability and indemnity

10.1 You agree to indemnify us for any claims or legal proceedings that may be brought against us and for any loss or damage we may suffer or incur as a result of:

10.1.1 Your breach of the terms of this Agreement; or

10.1.2 Your breach of the Appointment Conditions; or

10.1.3 Your actions in relation to the Services, the Website, the Appointment or any booking.

11. Our liability

11.1. We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any services we provide to you under, or in any other way connected with, this Agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft.

11.2. For the avoidance of doubt, the liability excluded under clause 10.1 includes any loss arising from your dealings with any Provider or arising from an Appointment and we shall have no liability to you whatsoever for any act or omission of the Provider in connection with the Appointment or your booking.

11.3. Our liability to you for all losses under this Agreement (subject to any liability in accordance with clause 10.5 below) is limited to the management fee we take in relation to any booking made by you.

11.4. No claim may be brought against us in relation to this Agreement more than 12 months following the Appointment to which the claim relates.

11.5. Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or the negligence of our employees, agents or self-employed contractors or for fraud or fraudulent misrepresentation.

11.6. You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our Services include only the provision of the Website and Services and responsibility for the Appointment and fulfilment of a booking lies solely with the Provider for whom we act only as an agent in a limited capacity.

12. General

12.1. Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.

12.2. By entering into this Agreement you also agree to our Privacy Policy, which is available on our Website.

12.3. Any notice to be served on either of the parties by the other shall be sent by prepaid recorded delivery, registered post, fax or email to the address of the relevant party shown on at the start of this Agreement or such other physical or electronic address as may be notified by one party to the other.

12.4. No term of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.

12.5. We will be entitled to assign or sub-contract our obligations under this Agreement.

12.6. Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible, whereupon all money accrued due under the Agreement shall be paid.

12.7. Each party acknowledges that the Agreement, including the Privacy Policy, contains the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it. In particular it is agreed that any terms and conditions or other contractual documentation maintained by you or your affiliates or which you purport to apply to the subject matter of the Agreement will not apply.

12.8. You agree that these terms are fair and reasonable in all the circumstances. However, if any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

12.9. No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.

12.10. Headings contained in this Agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.

12.11. These conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts.