Terms Of Use ⋆ Signature by Dionne Smith

Please read our Terms of Use before using our service. The use of any of our products or services means you accept them.

Application

The Application is a communications platform which enables the connection between Clients and Professional. “Clients” are individuals and/or businesses seeking to obtain hair, beauty and other wellbeing services (“Service(s)”) from qualified beauty service providers (“Professionals”). Professionals are individuals and/or businesses seeking to perform hair, beauty and other wellbeing services for Clients. Clients and Professionals, on a joint and several basis, are hereinafter referred to as “Users” and “You” and “Your”.

After you place a booking you will receive an email acknowledging receipt of your booking. Please note that this does not mean that your booking has been accepted or confirmed. All bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email on behalf of the selected Professional to confirm your booking (“the Booking Confirmation”). The contract between you and the Professional will only be binding when we send the Booking Confirmation. You agree that you shall not seek to book any Services from any Professional other than via the Application for the duration of this agreement and for three (3) months after termination of this agreement.

Service Only Provides a Venue

The Application is a platform for enabling connections between Users for the fulfilment of Services but you understand and agree that Signature by Dionne Smith is not a hair, beauty or other wellbeing service provider. Signature by Dionne Smith interviews and vets Professionals in person, however Signature by Dionne Smith is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Signature by Dionne Smith does not have control over the quality, timing or legality of Services delivered by Professionals. Signature by Dionne Smith makes no representations about the suitability, reliability, timeliness, or accuracy of the Services requested and provided by Professionals identified through the Application whether in public, private, or offline interactions.

User Vetting

Professionals shall be subject to an extensive vetting process before they can register and during their use of the Application, including but not limited to a verification of identity and accreditation.

Although Signature by Dionne Smith shall perform checks of Users, as outlined above, Signature by Dionne Smith cannot confirm that each User is who they claim to be and therefore, Signature by Dionne Smith cannot and does not assume any responsibility for the accuracy or reliability identity or any information provided through the Application.

Where we describe Professionals as “accredited” or similar, we are promising only that we have carried out certain checks as specified on the Application at the time the Client books the Service and that those checks did not reveal any cause for concern. You acknowledge that in carrying out these checks we are reliant on information supplied by third parties. We cannot guarantee that that information is accurate. Nor can we guarantee that the Professionals are otherwise suitable for your purposes. You use Professionals at your risk.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know.

Termination and Suspension

Signature by Dionne Smith may terminate or suspend your right to use the Application at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.

Without limitation, Signature by Dionne Smith may terminate or suspend your right to use the Application if you breach the Terms of Use or any policy of Signature by Dionne Smith posted through the Application from time to time, or if Signature by Dionne Smith otherwise finds that you have engaged in inappropriate and/or offensive behavior. If Signature by Dionne Smith terminates or suspends your right to use the Application for any of these reasons, you will not be entitled to any refund of unused balance in your account. If Signature by Dionne Smith terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, the company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Even after your right to use the Application is terminated or suspended, these Terms of Use will remain enforceable against you.

You may terminate your agreement with Signature by Dionne Smith at any time by ceasing all use of the Application. All sections which by their nature should survive the expiration or termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of of your use of the Application.

Account, Password, Security and Mobile Phone Use

You must register with Signature by Dionne Smith and create an account to use the Application. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Signature by Dionne Smith for accessing the Application. You are solely and fully responsible for all activities that occur under your password or account. Signature by Dionne Smith has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Signature by Dionne Smith immediately.

By providing your mobile phone number and using the Appliction, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the Service. Signature by Dionne Smith will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by emailing [email protected].

Links to Other Websites

Links (such as hyperlinks) from the Application to other sites on the web do not constitute the endorsement by Signature by Dionne Smith of those sites or their content. Such links are provided as an information service, for reference and convenience only. Signature by Dionne Smith does not control any such sites, and is not responsible for their content. The existence of links on Signature by Dionne Smith to such websites (including without limitation external websites that are framed by the Application as well as any advertisements displayed in connection therewith) does not mean that Signature by Dionne Smith endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by Signature by Dionne Smith’s Terms of Use or Privacy Policy. You access such third-party websites at your own risk. Signature by Dionne Smith expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Application. You hereby agree to hold Signature by Dionne Smith harmless from any liability that may result from the use of links that may appear on the Application.

As part of the functionality of the Application, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Application; or (ii) allowing Signature by Dionne Smith to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Signature by Dionne Smith and/or grant Signature by Dionne Smith access to your Third Party Account (including, but not limited to, use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Signature by Dionne Smith to pay any fees or making Signature by Dionne Smith subject to any usage limitations imposed by such third party service providers. By granting Signature by Dionne Smith access to any Third Party Accounts, You understand that (i) Signature by Dionne Smith may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Application via your account, including without limitation any friend lists, and (ii) Signature by Dionne Smith may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Unless otherwise specified in these Terms of Use, all SNS Content, if any, shall be considered to be User Generated Content for all purposes of these Terms of Use. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Application. Please note that if a Third Party Account or associated service becomes unavailable or Signature by Dionne Smith’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Application. You will have the ability to disable the connection between your account on the Application and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your Third Party Accounts is governed solely by your agreement(s) with such third party service providers. Signature by Dionne Smith makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Signature by Dionne Smith is not responsible for any SNS Content. You acknowledge and agree that Signature by Dionne Smith may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Application. At your request made via e-mail to [email protected], Signature by Dionne Smith will deactivate the connection between the Application and your Third Party Account and delete any information stored on Signature by Dionne Smith’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.

Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Application is owned by Signature by Dionne Smith, excluding User Generated Content that Signature by Dionne Smith has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Signature by Dionne Smith owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials pursuant to the Copyright, Designs and Patents Act 1988, as amended. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Application without Signature by Dionne Smith’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Signature by Dionne Smith and, if applicable, the holder of the rights to the User Generated Content.

The service marks and trademarks of Signature by Dionne Smith, including without limitation Signature by Dionne Smith and the Signature by Dionne Smith logos are service marks owned by Signature by Dionne Smith. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

Disclaimer of Warranties

Use of the Application and Service is entirely at your own risk.
The Service is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Signature by Dionne Smith makes no warranties or representations about the accuracy or completeness of the content provided through the Application or the content of any sites linked to the Application and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) property damage, of any nature whatsoever, resulting from your access to and use of the Application, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. Signature by Dionne Smith does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Application or any hyperlinked website or featured in any banner or other advertising and Signature by Dionne Smith will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Without limiting the foregoing, neither Signature by Dionne Smith nor its affiliates or licensors warrant that access to the Application will be uninterrupted or that the Application will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Application, or as to the timeliness, accuracy, reliability, completeness or content of any Service, information or materials provided through or in connection with the use of the Application.

Neither Signature by Dionne Smith nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User.

Neither Signature by Dionne Smith nor its affiliates or licensors warrant that the Application is free from viruses, worms, trojan horses, or other harmful components.

Signature by Dionne Smith and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

Signature by Dionne Smith does not provide any warranties or guarantees regarding any Professional’s professional accreditation, registration or licence.

Liability

Nothing in these Terms of Use in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. You must give Signature by Dionne Smith a reasonable opportunity to remedy any matter for which Signature by Dionne Smith is potentially liable before you incur any costs remedying the matter yourself.

Very important: If you are a Client, Signature by Dionne Smith shall not be liable for any loss or damage caused by Signature by Dionne Smith or its employees or agents in circumstances where:

there is no breach of a legal duty of care owed to you by Signature by Dionne Smith or by any of its employees or agents;
such loss or damage was not reasonably foreseeable by both parties;
such loss or damage is caused by you, for example by not complying with these Terms of Use;

Very important: If you are a Client, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of these Terms of Use or misuse of the Application (subject of course to our obligation to mitigate any losses).

The following clauses apply only if you are a Professional not a Client:

To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in these Terms of Use. In this clause, any reference to us includes our employees and agents.
Our liability of any kind (including our own negligence) with respect to the Application for any one event or series of related events is limited to £100 or the total fees payable by you in the 12 months before the event(s) complained of, whichever is higher.
In no event (including our own negligence) will we be liable for any:
1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
2. loss of goodwill or reputation;
3. special, indirect or consequential losses; or
4. damage to or loss of data (even if we have been advised of the possibility of such losses).
You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Application and/or breach of these Terms of Use.
These Terms of Use constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to these Terms of Use is excluded.

Indemnification

You hereby agree to indemnify, defend, and hold harmless Signature by Dionne Smith, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including legal fees and costs incurred, in connection with (i) your use or inability to use the Application, or (ii) any content submitted by you or using your account to the Application, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Signature by Dionne Smith reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Signature by Dionne Smith.