Last Updated: May 2020
In this Agreement, if you are located within the European Economic Area and outside of the European Economic Area, “we” and “Asakebeauty” means asakebeauty.co.uk, a small business with registered office address in Cardiff Business Technology Centre, Senghenydd Road, Cathays, Cardiff, CF24 4AY, United Kingdom.
Terms in the preamble and elsewhere in this document have their assigned meanings, and each of the following terms has the meaning assigned to it.
Consumer or End User means a user of the Asakebeauty Website other than Partners; i.e. consumers whose intention is to discover Partners and book appointments through the Asakebeauty Website.
Partner means a service provider using the Asakebeauty Website, and whose business is listed on the Asakebeauty Website.
- Description of the Asakebeauty Website
We provide the Asakebeauty Website to make it easy for Consumers to book beauty services online with our participating Partners through the Asakebeauty Website. The Asakebeauty Website includes a consolidated list of Partners, which you may browse and book through the Asakebeauty Website. The Asakebeauty Website also provides notifications, alerts and confirmations.
- Availability of the Asakebeauty Website
You acknowledge that there may be interruptions in the delivery of the Asakebeauty Website that are beyond our control. While we use reasonable efforts to keep the Asakebeauty Website accessible, the Asakebeauty Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to the Asakebeauty Website may be interrupted, suspended or terminated.
Asakebeauty retains the right at our sole discretion to deny access to the Asakebeauty Website to any End User or Partner, at any time and for any reason. Asakebeauty is not required to disclose the reason for denial of access to the Asakebeauty Website to any party.
- Operation of the Asakebeauty Website
We reserve complete and sole discretion with respect to the operation of the Asakebeauty Website. We may, among other things:
(a) delete email or private messages if it has not been accessed by an End User within the time established by our policies;
(c) withdraw, suspend or discontinue any functionality or feature of the Asakebeauty Website; and
(d) review uploaded files, forums, chats and user submissions and authorize restrictions on access thereto.
- Asakebeauty Code of Conduct
- Submitting any inaccurate information, committing fraud or falsifying information in connection with your account on the Asakebeauty Website;
- Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Attempting to scan, or test the security or configuration of the Asakebeauty Website or to breach security or authentication measures without proper authorization;
- Tampering or interfering with the proper functioning of any part, page or area of the Asakebeauty Website and any and all functions and services provided by Asakebeauty;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to the Asakebeauty Website, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Asakebeauty Website;
- Disseminating or transmitting material that, to a reasonable person, may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
- Disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any third party;
- Using the Asakebeauty Website or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with the Asakebeauty Website;
- Reselling or repurposing your access to the Asakebeauty Website or any purchases made through the Asakebeauty Website;
- Using the Asakebeauty Website or any of its resources to solicit End Users, Partners or other business partners of Asakebeauty to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Asakebeauty, including without limitation, aggregating the services offered from Partners;
- Using any End User or Partner information from the Asakebeauty Website for any commercial purpose, including, but not limited to, marketing;
- Accessing, monitoring or copying any content or information from the Asakebeauty Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers or bypassing or circumventing other measures employed to prevent or limit access to the Asakebeauty Website;
- Taking any action that places excessive demand on the Asakebeauty Website, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Aggregating any live or post-feature content or other information from the Asakebeauty Website with material from other sources or on a secondary website or medium without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of Asakebeauty or our Partners;
- Hyperlinking to the Asakebeauty Website from any other website without our initial and ongoing consent; or
- Asakebeauty Account
7.1 Creating an Asakebeauty Account
If you create an account for the Asakebeauty Website, you may only create and hold one (1) account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other Consumer or Partner. If you violate any of these limitations, we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless if we formally invite you to do so. If you commit fraud or falsify information in connection with your use of the Asakebeauty Website or in connection with your account on the Asakebeauty Website, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages caused by your conduct, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Asakebeauty Website.
7.2 Account Communications
By creating an End User account, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by Asakebeauty, you understand and agree that you may receive automated SMS or MMS messages or communications generated by automatic telephone dialing systems and/or communications containing prerecorded messages sent by or on behalf of Asakebeauty, or its Partners, including but not limited to: appointment confirmations or notifications, communications concerning your End User account or use of the Asakebeauty Website, updates concerning new and existing features, communications concerning promotions run by us or our Partners, and news concerning Asakebeauty and industry developments. IF YOU WISH TO OPT-OUT OF EMAIL, TEXT, OR OTHER COMMUNICATIONS, PLEASE CONTACT US DIRECTLY AT email@example.com. However, you acknowledge that opting out of texts may lead to missed appointment notifications or other important notifications or updates, and in general impact your use of the Asakebeauty Website as an End User. Standard messaging charges applied by your cell phone carrier will apply to the messages we send.
- Intellectual Property
(a) Everything located on or in the Asakebeauty Website is the exclusive property of Asakebeauty or is being used with permission. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of the Asakebeauty Website without the express written permission of Asakebeauty is prohibited. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
(b) The Asakebeauty Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Asakebeauty Website are protected by copyright as a collective work under the copyright laws. Asakebeauty owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of Asakebeauty or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Asakebeauty Website.
(c) You will not upload, post or otherwise make available on the Asakebeauty Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Asakebeauty does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Asakebeauty Website, you warrant that the owner of such material has expressly granted Asakebeauty the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User’s personal use. You also grant Asakebeauty the right to edit, copy, publish and distribute any material that you make available on the Asakebeauty Website.
8.2 Copyright Policy
Asakebeauty reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights. If you believe that any material has been posted via the Asakebeauty Website in a way that constitutes copyright infringement, you shall provide Asakebeauty with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Asakebeauty Website of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. (e) Contact information for notice of claims of copyright infringement is: firstname.lastname@example.org. IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Asakebeauty and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Asakebeauty’s rights and obligations, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations. Asakebeauty has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Asakebeauty may also at its sole discretion limit access to the Asakebeauty Website and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Disclaimer of Warranty
You expressly agree that use of the Asakebeauty Website is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ASAKEBEAUTY WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither Asakebeauty, its subsidiaries, affiliates or any of their respective staff members, agents, Partners, third-party content providers or licensors, or any of their officers, directors, staff members or agents, warrant that use of the Asakebeauty Website will be uninterrupted or error free. The Asakebeauty Website is made accessible on an “as is” and “as available” basis. Asakebeauty hereby disclaims any representations, warranties and conditions, whether express or implied, including those to title non-infringement, merchantability, and fitness for a particular purpose. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
9.2 No Implicit Warranties
The information presented or contained in the Asakebeauty Website is presented for informational purposes only. No information, whether oral or written, obtained by an End User from a Partner, a Partner from an End User, or from the Asakebeauty Website will create any warranty not expressly stated in this Agreement.
- End User Communication
Asakebeauty in some instances allows you and other End Users to use the Asakebeauty Website to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms, reviews, or other communication facilities that may be offered on or through the Asakebeauty Website from time to time (collectively “Communities”). Asakebeauty shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Asakebeauty, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Asakebeauty shall have the right, but not the obligation, to remove any material from the Communities that Asakebeauty, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of Asakebeauty.
- Websites of Others
- Public Nature of Your Statements
By placing any information or other material in Communities (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such content has expressly granted) to Asakebeauty a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to the Communities alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses.
You may choose to or we may invite you to submit comments or ideas about the Asakebeauty Website, including without limitation about how to improve the Asakebeauty Website or other products (“Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Asakebeauty under any fiduciary or other obligation to you, and that we are free to use or publish the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by reviewing or accepting your submission, Asakebeauty does not waive any rights to use similar or related ideas previously known to Asakebeauty, or developed by its staff members, or obtained from sources other than you.
- License for Statements
By posting Statements or other information on or through the Communities or in connection with the Asakebeauty Website, you grant Asakebeauty a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
You agree to defend, indemnify and hold harmless Asakebeauty and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to:
(i) your use of and access to the Asakebeauty Website, including any data or content transmitted or received by you;
(ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above, or other representation or warranty;
(iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
(iv) your violation of any applicable law, rule or regulation;
(v) personal information or any other information or content that is submitted via your account on the Asakebeauty Website, including without limitation misleading, false or inaccurate information;
(vi) negligent or willful misconduct; or
(vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
- Governing Law
- Additional Disclosures
(b) Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
(e) Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Asakebeauty in any respect whatsoever.