Booking Terms & Conditions
Last Updated: May 2020
Here is a summary of the main points of our Booking Terms and Conditions, but should not be considered as a substitute for reading the full version that follows.
- Asakebeauty provides a booking platform, Asakebeauty.co.uk, which allows you to discover and book online with spas, salons, and other businesses. You can buy or book Partner Services by making a booking through the Asakebeauty Website.
- The Partner Services you can buy or book via Asakebeauty are sold by our Partners and not by us. We are only responsible for arranging and concluding your booking, and we have been appointed by our Partners to act as their commercial agent to do so.
- If you pay for Partner Services using the Asakebeauty Payment Services, we may collect and receive your payment on behalf of the relevant Partner in our capacity as their commercial agent. In this event, our successful receipt of your payment will discharge your debt to the Partner for the Partner Services.
- The contract for the Partner Services is directly between you and the relevant Partner. We are not liable for the Partner Services you receive from our Partners. However, we would like to know when your experience with a Partner is unsatisfactory. We can be contacted at firstname.lastname@example.org, where you may let us know if your experience with a Partner ever falls below your expectations, and we’ll see if there’s anything we can do to help.
- Asakebeauty Bookings include certain Terms of Sale that you need to agree to before making a Asakebeauty Booking. Please check all details and any restrictions relating to an Asakebeauty Booking thoroughly before confirming the Booking.
- Asakebeauty reserves the right to deactivate a Asakebeauty Customer Account in the event of a breach of these Booking Terms and Conditions and/or where the Customer acts in a way that is inappropriate, abusive or otherwise unacceptable towards a Partner or our staff.
- If you want to reschedule or cancel a Asakebeauty Booking (and provided that rescheduling or cancellation (as applicable) is not prohibited by these Booking Terms and Conditions) this must be requested and completed by either:
1. Using your Asakebeauty Customer Account via the Asakebeauty Website.
- 2.Contacting the Partner directly (e.g. through email, phone) and requesting a reschedule or Emailing our support team at email@example.com
If you want to talk to us, please get in touch with our team and we’d be happy to help at firstname.lastname@example.org or 029 2168 0460.
Full Version of the Booking Terms and Conditions
Please read these Booking Terms and Conditions carefully before you use the Asakebeauty Booking Services, as these Booking Terms and Conditions will apply to your Asakebeauty Booking. We recommend that you print a copy of these Booking Terms and Conditions for future reference. If you do not agree with these Booking Terms and Conditions, you must not use the Asakebeauty Services to make a booking with our Partners.
Capitalised terms used in this document have the meanings assigned to them, and each of the following terms has the meaning assigned to it.
“Booking Confirmation” means a written confirmation that we provide to you regarding an Asakebeauty booking, either in email or through the Asakebeauty Website.
“Cancellation Policy” means a policy that is included in the Terms of Sale of an Asakebeauty Booking whereby a Partner may charge you (through the Asakebeauty Payment Services) a certain fee for a cancelled Asakebeauty Booking, which may be up to 100% of the value of the Asakebeauty Booking.
“Customer”, “End User”, and “You” means you, the user of the Asakebeauty Services or the purchaser of any Partner Services.
“Asakebeauty”, “we” or “us” has the meaning set out below:
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.
“Asake Booking” means an appointment booked online with a particular Partner for the provision of Partner Services made via the Asakebeauty Website.
“Asakebeauty Booking Services” means all appointment booking services, including creating appointments, adjustment, rescheduling, and cancelling appointments, provided through the Asakebeauty Website.
“Asakebeauty Contract” has the meaning provided in Section 3 of these Booking Terms and Conditions.
“Asakebeauty Customer Account” means an account created on the Asakebeauty Website belonging to you, containing information such as your name, booking history, and contact information.
“Asakebeauty Payment Services” means the online and in-app payment facility that may be available for select Partners on the Asakebeauty Website.
“Asakebeauty Services” means the Asakebeauty Booking Services and the Asakebeauty Payment Services.
“Asakebeauty Website” means the website Asakebeauty.co.uk, accessible through any web browser or through our mobile apps published on the Apple Store and Google Play Store.
“No Show Policy” means a policy that is included in the Terms of Sale of a Asakebeauty Booking whereby a Partner may charge you (through the Asakebeauty Payment Services) a certain fee for a failing to show up to a Partner’s place of business at the time indicated on the Asakebeauty Booking, which may be up to 100% of the value of the Asakebeauty Booking.
“Partner” means a selected third-party provider of goods and services, who offers their goods and services for sale on the Asakebeauty Website.
“Partner Contract” has the meaning provided in Section 3 of these Booking Terms and Conditions.
“Partner Services” means any products, goods and/or services of a Partner offered for purchase or booking on the Asakebeauty Website.
“Pay Cash In Store Booking” means a booking made on the Asakebeauty Website where the booking is not paid for online using the Asakebeauty Payment Services.
“Payment Processor” means third-party payment processors supporting Asakebeauty with the provision of the Asakebeauty Payment Services.
Description of the Asakebeauty Services
Asakebeauty (“we”, “us”, or “our” for short) provides the Asakebeauty Website to make it easy for you to book appointments online with a variety of participating Partners. The Asakebeauty Website includes a consolidated list of Partner Services, which you may review and book online using the Asakebeauty Booking Services.
“Terms of Sale” mean the date, time, price, Partner Services, discount, location, cancellation policy, and any other details and conditions shown on the Asakebeauty Website at the time that a Asakebeauty Booking is made.
For certain qualifying Partners, we also provide Asakebeauty Payment Services. The Asakebeauty Payment Services allow you to pay on the website or in-app for Partner Services, and include all credit or debit card processing services, including refunding, reversing, and adjusting transactions.
You understand and agree that the Partner Services listed on the Asakebeauty Website are provided by our Partners, and not by us. These Partners, and not Asakebeauty, are responsible for customer service related to these Partner Services, which includes responsibility for the nature, quality, and content of the Partner Services, as well as any disputes regarding scheduling, reservation, cancellation, refund policies, adjustments, functionality, and issues concerning experience with a Partner’s personnel or policies.
When you make an Asakebeauty Booking, you will need to arrive at the place of business of the Partner in order to receive the Partner Services. The place of business will be indicated in the Terms of Sale of the Asakebeauty Booking.
Relationship Between You, Us, and our Partners
The Asakebeauty Website operated by Asakebeauty. The Website allows you to book and pay for a broad range of services (Partner Services) in the beauty and wellness space, such as hair, beauty, and make-up services, from a variety of providers (our Partners). Those Partner Services are provided by our various Partners and not by us. The provision of the Partner Services booked via the Asakebeauty Website is the responsibility of the Partner which provides them.
In the event you pay for Partner Services using the Asakebeauty Payment Services, your payment will be received by us acting as commercial agent on behalf of the Partner. If we receive payment as commercial agents on behalf of the relevant Partner, our receipt of the correct payment will discharge your debt to that Partner.
The legal implications of this is that when you purchase Partner Services, with the exception of Pay Cash In Store Bookings where no binding contract is formed, it will create two binding legal contracts:
• a contract between you and Asakebeauty (under which Asakebeaut has certain responsibilities to you in relation to the purchase or booking) (the “Asakebeauty Contract”). That contract is made based on these Booking Terms and Conditions; and
• a contract between you and the relevant Partner in respect of the provision or supply of the Partner Services which you book through the Asakebeauty Website (the “Partner Contract”). That contract is subject to certain Terms of Sale, which will be disclosed to you prior to confirming your Asakebeauty Booking.
All Partner Services available for purchase on the Asakebeauty Website are offered by Asakebeauty on behalf of its Partners. That is, Asakebeauty takes and concludes your bookings as a commercial agent for its Partners. Therefore, we are not responsible or liable to you for the actual Partner Services that are booked through the Asakebeauty Booking Services.
We may amend these Booking Terms and Conditions from time to time as set out in Section 13 of these Booking Terms and Conditions. Every time you wish to make a Asakebeauty Booking, please check these Booking Terms and Conditions to ensure you understand the terms which will apply at that time.
How Contracts are Formed Between You and Us
When you make an Asakebeauty Booking, you will be able to select which Partner Services you would like to receive. The Asakebeauty Booking Services provide you with an opportunity to check and amend any errors before confirming your Asakebeauty Booking, and will disclose any other relevant terms (e.g. cancellation policy) to you prior to your confirmation. Please take the time to read and check all details of your appointment and applicable terms of sale before confirming your Asakebeauty Booking.
We are appointed as the commercial agent of the Partner to conclude Asakebeauty Bookings on its behalf, and the Partner Contract will be formed when we send you a Booking Confirmation. Your Booking Confirmation is your receipt from Asakebeauty, and will be sent to the email that you supply on your Asakebeauty Customer Account upon confirming a Asakebeauty Booking. If you require a tax receipt, you need to contact the Partner directly.
If you wish to reschedule your appointment details (time/date) in whole or in part after you have received a Booking Confirmation, you may do so through either the Asakebeauty Website or by contacting the relevant Partner directly. However, you may only reschedule your appointment provided that your appointment is not due to take place within a time frame (e.g. 24 or 48 hours) determined by the Partner. The interval between when you may reschedule your appointment and your scheduled appointment start time will be determined independently by each Partner, and disclosed to you at the time of making your Asakebeauty Booking. You should review and understand the cancellation policy before confirming your appointment on the Asakebeauty Website. Please note that your ability to reschedule your appointment will be subject to the Partner’s availability during the time you wish to reschedule.
Our Partners are under a legal duty to provide Partner Services that are in conformity with the relevant Partner Contract.
All Partner Services shown on the Asakebeauty Website are subject to availability. The images and/or descriptions of the Partner Services on the Asakebeauty Website are for illustrative purposes only, and actual Partner Services may vary from those images and/or descriptions. We require our Partners to ensure that all information provided by them for display on their page of the Asakebeauty Website is accurate, complete and not misleading in any way. Nonetheless, we cannot verify the information which Partners provide to us. It will be each Partner’s responsibility to ensure that all of its Partner Services listed on the Asakebeauty Website are available and accurately described.
If you are a Customer, you have legal rights in relation to services that are not performed with reasonable care and skill or are otherwise not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Booking Terms and Conditions will affect these legal rights.
It is your (or the person receiving the Partner Services of your Asakebeauty Booking) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Partner that might affect or be affected by any Partner Services (for example without limitation, allergy information and health issues). Notwithstanding Section 8, if you (or the relevant recipient of the Partner Services) fail to disclose any such information to the applicable Partner, neither Asakebeauty nor the relevant Partner shall be liable to you (or the recipient of the Partner Services) for any injury, loss or damages resulting from the Partner Services that could reasonably have been avoided if you (or the recipient of the Partner Services) had disclosed that information prior to receiving the Partner Services.
Cancellation and No Show Policies
In addition to your other legal rights, you may in certain circumstances have the right to cancel a Partner Contract and/or Asakebeauty Contract (as applicable) with the terms set out in this Section 6.
If you wish to cancel your Asakebeauty Booking, you may do so through either the Asakebeauty Website or by contacting your Partner directly. You may only cancel a Asakebeauty Booking through the Asakebeauty Website provided that your appointment is not due to take place within a time frame (e.g. 24 or 48 hours) determined by the Partner. The interval between when you may cancel your appointment and your scheduled appointment start time will be determined independently by each Partner, and disclosed to you at the time of making your Asakebeauty Booking as part of the Terms of Sale.
Certain Partners may choose to implement a Cancellation Policy, the terms of which will be disclosed to and confirmed by you at the time of making your Asakebeauty Booking. If a Partner has such a Cancellation Policy, then Asakebeauty may automatically charge your card an amount determined by the Partner, which may be up to the full amount (100%) of the value of the Asakebeauty Booking. If you cancel an appointment beyond the time indicated in the Partner’s Cancellation Policy, you will not be entitled to any refund unless mutually agreed between you and the Partner directly.
Certain Partners may also choose to implement a No Show Policy. If you fail to turn up to a Partner’s place of business at the time indicated on your Asakebeauty Booking, a Partner may choose to exercise their No Show Policy, wherein Asakebeauty may automatically charge your card an amount of up to the full amount (100%) of the value of the Asakebeauty Booking.
PLEASE NOTE THAT NO REFUND WILL BE GIVEN WHERE A CANCELLATION IS ATTEMPTED WITHIN THE TIME PERIOD SPECIFIED IN THE CANCELLATION POLICY OF THE RELEVANT PARTNER.
Customer’s Representations and Warranties
By providing debit or credit card information through the Asakebeauty Website to use the Asakebeauty Payment Services, you represent, warrant, and covenant that:
- you are at least 18 years of age;
- you are legally authorized to provide such information to us;
- you are legally authorized to perform payments from the debit or credit card account(s); and
- such action does not violate the terms and conditions applicable to your use of such debit or credit card, or any other applicable law.
Additionally, when you authorize a payment using the Asakebeauty Payment Services, you further represent, warrant, and covenant that:
- the Partner Services associated with your purchase have been duly received; and
- there are sufficient funds or credit available to complete a payment using the debit or credit card account.
Breach of any of the representations, warranties, and covenants in this Section 7 are grounds for denial of the Asakebeauty Payment Services or any of the other Asakebeauty Services. For the avoidance of doubt, this does not exhaust the claims Asakebeauty may have for breach of the representations, warranties, and covenants described in this Section 7.
To confirm that the payment card information you have provided is accurate, we may place a temporary $1.00 authorization hold on your debit or credit card at the time you provide your payment card information to the Asakebeauty Website. After we verify that your payment card information is accurate, the $1.00 hold will be removed and/or refunded.
We care about your experience and want to ensure we maintain the highest standards possible. If you have any feedback or would like to make a complaint about one of our Partners or their Partner Services, please either:
- speak to the Partner yourself to try and resolve the issue;
- leave an honest review and/or rating for the Partner on the Asakebeauty Website to reflect your experience; or
- email us at email@example.com
If you reach out to us at firstname.lastname@example.org, we may contact the Partner to attempt to resolve the issue. If we are unable to resolve the issue following contact with the Partner, and if we consider it to be fair in all the circumstances, then we may, at our sole discretion and always as a last resort, elect to give you a refund for the disputed / complained about amount. These refunds will be processed through the Asakebeauty Payment Services.
IMPORTANT NOTE: PLEASE DO BEAR IN MIND THAT WHILE WE TAKE ALL COMPLAINTS ABOUT OUR PARTNERS VERY SERIOUSLY AND WILL ALWAYS DO WHAT WE CAN TO HELP TO RESOLVE THEM, WE ARE NOT RESPONSIBLE TO YOU FOR THE PARTNER SERVICE(S) WHICH THE PARTNERS PROVIDE AND ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH A REFUND OR ANY OTHER RECOMPENSE IN THE EVENT YOU ARE DISSATISFIED WITH PARTNER SERVICES WHICH YOU HAVE RECEIVED FROM OUR PARTNERS.
Restrictions on Access
Asakebeauty reserves the right to partially or fully restrict your access to the Asakebeauty Services where any of the following occur:
- You maintain a history of many cancelled appointments, no shows, refunds, chargebacks, or other transactions that are negative to the experience of our Partners;
- You fail any credit or fraud prevention check provided by the Asakebeauty Payment Services;
- We reasonably suspect fraud or money laundering by you or someone using your Asakebeauty Customer Account;
- We reasonably suspect the security of your Asakebeauty Customer Account has been compromised;
- You behave inappropriately, abusively, or offensively towards staff of Asakebeauty or employees of a Partner, whether on the phone, through email, through communications within the Asakebeauty Website or in person at the place of business of a Partner;
- You breach other terms set forth in these Booking Terms and Conditions, including the Customer Representations and Warranties; or
- We believe, in our reasonable and sole discretion, that your actions are negatively affecting the quality of Asakebeauty Services.
Additionally, you understand that because Partner Services are sold by our Partners, and not by us, our Partners maintain the right to impose additional restrictions on who may buy and book the Partner Services that they offer. In particular, a Partner may choose to restrict your access to their Partner Profile; prevent you from making a Asakebeauty Booking with Partner Services that they offer; and otherwise restrict your ability to interact with that Partner on the Asakebeauty Website. These restrictions are determined solely by the Partners, and we are unable to provide you with access to these Partner Services.
Price and Payment
Prices and any applicable delivery and/or processing charges will be as quoted on the Asakebeauty Website. The final price you pay connected with a Asakebeauty Booking may be adjusted to reflect any additional goods or services you purchase from the Partner at the time of receiving Partner Services, if that purchase is handled through the Asakebeauty Payment Services. Additionally, the Asakebeauty Partner may, at their sole discretion, issue a discount that would be reflected on the final tax invoice.
The Partner has full responsibility for accounting for indirect taxes on the total value of the Asakebeauty Booking, plus any adjustments for additional goods or services sold or discounts applied, where applicable. Asakebeauty does not charge you taxes on Asakebeauty Bookings, as the Partner Services are provided by the Partner, not by Asakebeauty. As a result, Asakebeauty cannot provide you with a tax invoice in respect of your Asakebeauty Bookings, and tax invoices will need to be provided by the Partner.
Any currency conversion costs or other charges incurred by you in making a payment will be borne by you in addition to the price due to us.
Payments made through the Asakebeauty Payment Services are processed by third party payment services providers (Payment Processors). Asakebeauty takes reasonable care to ensure that the Fresha Payment Services are available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to the Asakebeauty Payment Services, nor can we guarantee that the facility is virus or error free. Because the Asakebeauty Payment Services rely on third parties, there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Additionally, access to the Asakebeauty Payment Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to the Asakebeauty Payment Services and will do what we can to restore the facility as soon as reasonably possible.
If you do elect to use the Asakebeauty Payment Services, Asakebeauty will collect the payment in its capacity as the commercial agent of the relevant Partner. Once Asakebeauty has successfully received your payment for the Partner Services, this will discharge your debt to the Partner on whose behalf Asakebeauty has collected the payment, and the Partner will have no further claim to remuneration from you in connection with that Asakebeauty Booking.
For certain Asakebeauty Bookings, there may be an option for you to make a Pay Cash In Store Booking. This means that you may make a Asakebeauty Booking without using the Asakebeauty Payment Services, and then pay the Partner directly for the value of the underlying Partner Services with cash, credit card, or another payment instrument acceptable to the Partner. This option will only appear if the Partner enables this option, and may not appear for some Partners. Please note that when you make a Pay Cash In Store Booking on the Asakebeauty Website, no binding legal contract in respect of the Asakebeauty Booking is made.
Where we have been negligent and/or breached a contractual obligation to you, we will be liable for any loss or damage you suffer as a result, provided that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time we entered into the Asakebeauty Contract.
We do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; or waste of management or office time.
We do not exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under English law.
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:
- your use of and access to the Asakebeauty Services, including any data or content transmitted or received by you;
- your violation of any term of these Booking Terms and Conditions, including without limitation your breach of any of the representations and warranties above, or other representation or warranty;
- your violation of any applicable law, rule or regulation;
- personal information or any other information or content that is submitted via your Asakebeauty Customer Account, including without limitation misleading, false or inaccurate information;
- negligent or willful misconduct; or
- any other party’s access and use of the Asakebeauty Services with your unique username, password or other appropriate security code.
Amendments to the Booking Terms and Conditions
We may revise these Booking Terms and Conditions from time to time in the following circumstances:
- if we change the process for accepting payment from you;
- if there are changes in relevant laws and regulatory requirements; and/or
- if there are any other changes to our business that reasonably mean we need to amend these Booking Terms and Conditions.
Every time you use the Asakebeauty Booking Services, the Booking Terms and Conditions in force at that time (and available for view on Asakebeauty Website and accepted by you at the point of appointment confirmation) will apply to the Asakebeauty Contract between you and us and the Partner Contract between you and the Partner. You can find the date on which these Booking Terms and Conditions were last updated at the top of this page.
(a) Notices. All communications and notices from you must be sent to Asakebeauty by email at email@example.com or by post to attention: asakebeauty.co.uk, Cardiff Business Technology Centre, Senghenydd Road, Cathays, Cardiff, CF24 4AY, United Kingdom. Asakebeauty may communicate and give notice to you via post, email or by posting notices on the Website or App.
(b) Severability. If any of these Booking Terms and Conditions are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(c) Governing Law. These Booking Terms and Conditions will be governed by and construed in accordance with the laws of England. You and we each agree that the English courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of Partner Services via the Asakebeauty Website.
(d) Interpretation. Where applicable, words in these Booking Terms and Conditions that are defined in the singular shall retain the same definition in the plural, and vice versa. Words in the masculine include the feminine, and vice versa. No regard for gender is intended by the language in these Booking Terms and Conditions.