Fresha Partner Referral Terms

Partner Referral Program

The Fresha referral program is provided by Fresha.com SV Limited ("Fresha”, "we", "us" and "our").

We may invite Partners to participate in a program where it can invite New Partners to join the Fresha Platform as a Partner and earn rewards (the “Program” or “Referral Program”).

If you are a Partner who has been invited to participate in the Program you are referred to as a “Referrer”. By generating a Referral Link the Referrer accepts the terms of this Agreement.

If you are a New Partner who has been invited to join the Fresha Platform by creating a Partner Account through a Referral Link you are referred to as a “Referred User”. By clicking on the Referral Link and setting up a Partner Account the Referred User accepts the terms of this Agreement.

We may refer to both Referrers and Referred Users as (“you”, “your” and “yours”).

Fresha reserves the right to amend or terminate the Program at any time, for any reason by providing you with advance notice.
Please note that these terms do not form part of the services referred to in the Partner Terms. If any terms defined in the Partner Terms are used in this Agreement then those definitions will apply. Also where specific clauses are referred to from the Partner Terms these will apply as if set out in this Agreement.

How the Referral Program works?

Referrers need to generate a unique URL or QR through the Fresha Platform (“Referral Link”) and share the link with Referred Users. It is the Referrer’s responsibility to share the precise Referral Link, as received from Fresha and free of any typos and errors, with Referred Users. There is no limit on the number of times the Referral Link can be used.

What is the eligibility criteria?

You must be at least the age of majority or older in your jurisdiction of residence in order to participate this Program. If you are under the minimum age in your jurisdiction, you may not access, participate or use the Program at any time in any manner.

All Referrers must be invited by Fresha to participate in the Referral Program and all Referred Users must have been sent a Referral Link by a Referrer to participate in the Referral Program.

What qualifies as a referral?

• Start the setup of the Partner Profile via the Referral Link;
• Complete the setup of the Partner Profile;
• Process genuine payments through Fresha Online Payment service and / or Fresha Terminal in accordance to; the minimum value as described in the referral sign up process; and
• Be a New Partner to Fresha.

What Reward do I get?

Subject to the terms of this Agreement, upon a Qualified Referral the Referrer will receive referral credits and the Referred User will receive welcome credits (“Credits”).

We will email the Referrer the value of the referral credit at the time the Referred User starts the Program Qualification.

We will publish the value of the welcome credit when the Referred User starts the Program Qualification.

Your Credit will be dominated in the currency of your location as selected in the location settings on the Fresha Platform.

We will notify you via eMail and inApp notifications when Credits are added to your Fresha Wallet (“Referral Credit Grant”), and you shall be able to see their total accumulated remaining free Credits in the Fresha Wallet.

You may use the Credits towards payment against paid services offered by us as determined at our discretion from time to time.

Credits are not exchangeable in any circumstances (including but not limited to not being exchangeable for cash, currency exchange or chargebacks), hold no value outside the Fresha Platform, are not transferable to any other person, and expire upon the Partner ceasing to use the Fresha Platform, or upon such date as Fresha may notify to Partner from time to time. Fresha may at any time determine that any part of the Fresha Platform (including but not limited to any specific Additional Service) shall not be eligible to be paid for using Credits. No cash alternatives are available.

All Credits are subject to an expiry period as published in the Referral Credit Grant (“Expiry”).

We will remove any outstanding Credits then held by you which have not been allocated to any Service Fee at time of Expiry.

Fresha reserves the right to withhold any Credit for investigation, or refuse to process any transaction it considers suspicious, fraudulent or in violation of these terms or as required by law, court order, governmental instruction, arbitrational decision. 

What we promise you and what you promise us

We do the best we can 

Fresha may provide technical support to assist the Referrer in using the Program by email, or via other means at its discretion. Referrers do not have a right to technical support, unless agreed otherwise with Fresha in writing.

Fresha warrants that the Program shall be performed with reasonable care and skill, and shall materially comply with any description as set out in this Agreement.

Except for any express warranties stated herein, all other conditions, warranties or other terms which might have effect between the parties or implied or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality or fitness for any purpose. In particular, Fresha does not warrant:

• that the Program will meet the Partner's specific requirements;
• that the Program will be uninterrupted, timely, secure, contaminant-free or error-free;
• that any information or results that may be obtained from the use of the Program will be accurate or reliable;  
• that any errors in the Fresha Program will be corrected;
  
• any defect arising as a result of misuse, wilful damage, negligence on the part of anyone other than Fresha, abnormal operating conditions or any failure by the Partner to follow any instructions of Fresha as to use; or
  
• any material downloaded or otherwise obtained through the Program is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.
  

You promise us

You understand and agree that your participation in the Program is at your sole risk and that the Program is provided by us “as is” and is “as available” without any commitment or warranty by us as to any uptime or the operation and functionality of the Program.

As a Referrer you warrant 

As a Referrer entering this Agreement, you represent and warrant that: 

• you will only share the Referral Link with a business that is not engaged in any Prohibited Businesses;
• you will not store any personal data about other Referrers and comply with applicable Data Protection law;
  
• you have received the Referred Users consent to share marketing materials in relation to this Program
  
• you are either:
  • a sole proprietor managing a registered business in your local jurisdiction; or
  • an authorised signatory of your duly incorporated business;
    
• you are eligible to register and use the Fresha Platform and have the right, power, and ability to enter into and perform under this Agreement;
  
• the name identified by you when you registered is your name or business name under which you sell goods and services;
  
• you will not refer yourself or take part in this Program as a Referred User;
  
• you will not cheat, hack, or deceive in relation to your participation in the Program (including but not limited to manipulating or artificially enhancing new Partner Accounts by creating multiple fake Partner Accounts);
  
• you will not abuse, threaten or harass any other Referrers or Referred Users or any representatives of Fresha;
• you will comply with applicable laws (including but not limited to any local statutory or regulatory requirements or guidance);
  
• you will not act in an unfair or disruptive manner, you will not stalk, harass or harm;
  
• you will not attempt to gain unauthorised access to the Program, accounts, computer systems or networks connected to the Program;
  
• you will not transmit any file that contains any contaminating or destructive features like virus, worms, trojan, horses;
  
• you will not infringe or violate the rights of any third party;
• you will not interfere with another Referrer’s use of the Program;
  
• you will generate income by providing access to the Program to others;
  
• you will distribute the Referral Link in a personal manner customary when communicating with friends and family members;
  
• you will not use bulk email and distribution to strangers;
  
• you will not use any systems, bot or other devices to benefit from the Program;
  

As a Referred User you warrant 

As a Referrer entering this Agreement, you represent and warrant that:

• you will not cheat, hack, or deceive in relation to your participation in the Program (including manipulating or artificially enhancing new Partner Accounts by creating multiple fake Partner Accounts);
  
• you will not abuse, threaten or harass any other Referrers or Referred Users or any representatives of Fresha;
• you will comply with applicable laws (including but not limited to any local statutory or regulatory requirements or guidance);
• you will not infringe or violate the rights of any third party;
  
• your business is not engaged in any Prohibited Businesses;
  
• you comply with applicable Data Protection law, including providing Clients and your staff with all required transparency information about how each of you and Fresha process the personal information;
  
• you are either:
  
  • a sole proprietor managing a registered business in your local jurisdiction; or
    
  • an authorised signatory of your duly incorporated business;
    
• you are eligible to register and use the Fresha Platform and have the right, power, and ability to enter into and perform under this Agreement;
• the name identified by you when you registered is your name or business name under which you sell goods and services;
• any sales transactions submitted by you will accurately describe the products and/or services sold and delivered to a Client;
  
• you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations;
  
• except in the ordinary course of business, no sales transaction submitted by you through the POS Features or the Fresha Payment Services will represent a sale to any principal, partner, proprietor, or owner of your entity; and
  
• you will not use the Fresha Payment Services, directly or indirectly, for any fraudulent undertaking or in any manner to interfere with the use of any aspect of the Fresha Booking Services.
  

General Terms

Our right to remove you from this Program

We may investigate or prohibit you from being a Referrer or remove any Referrer or Referred User from participating in the Program if we assess, in our sole discretion: 

• if your participation in the Referral Program is found to be in breach of these terms;
  
• that you are likely to breach or breach any of the warranties set out above;
  
• that you attempt to undermine the fairness, integrity or legitimate operations of the Program;
• that as a Referrer you use any affiliated website, affiliate network properties, automated systems, script, or macro to participate; or
• that you use of the Program may be harmful or objectionable to Fresha, Clients, or third parties.

Our liability

We reserve the right to modify, cancel or suspend the Program should we determine, in our sole discretion.

Nothing in this Agreement shall exclude, or in any way limit, either party's liability:

• for death or personal injury caused by its negligence;
• for fraudulent misrepresentation or for any other fraudulent act or omission;
• to pay sums properly due and owing to the other in the normal course of performance of this Agreement; or
• for any other liability which may not lawfully be excluded or limited.

We shall not be liable (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) (and even if you have advised us of the possibility of such loss or damage) for any:

• loss of income or profits;
• loss of sales, turnover, revenue, business or opportunity;
• loss of customers, contracts or opportunity;
• loss of damage to reputation or goodwill;
• loss of anticipated savings;
• loss of any hardware, software or data;
• any indirect, consequential or special loss or damage of any kind howsoever arising and whether caused by tort (including negligence) relating to this Agreement.
  

Our maximum aggregate liability under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the value of the Credit (or the equivalent amount in local currency).

Intellectual Property Rights

Fresha and/or its licensors shall, as between the parties, remain the owner of all Intellectual Property Rights in Fresha's brands, trade marks and logos.). Except as expressly permitted by or required under this Agreement, Referrer may not use any of Fresha's Intellectual Property Rights without Fresha's prior written consent. 

Indemnity

You hereby agree to indemnify, keep indemnified and hold harmless Fresha and its officers, directors and employees, from and against any and all claims, demands, obligations, actual or alleged causes of action and lawsuits and all damages, liabilities, fines, judgments, costs (including settlement costs), expenses associated therewith (including the payment of reasonable legal charges and disbursements) and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis)) and all other reasonable professional costs and expenses arising out of or in connection with any breach by you of any term of this Agreement or arising out of any action brought by any third party relating to the Program provided (or not provided), or actions (or failures to act), by you or any person (other than Fresha) acting on your behalf, including any action brought in connection with you directly or indirectly engaging in any Prohibited Business, any Data Protection Legislation or Intellectual Property Rights,.

You acknowledge that we enter into this Agreement for our own benefit but also as an agent for the benefit and on behalf of each of our officers, directors and employees (each an "Indemnified Third Party" and, collectively, the "Indemnified Third Parties'") and that the rights in respect of indemnification set out this Indemnity section shall be rights and benefits of each such Indemnified Third Party (as if, in each case, a party to this Agreement in its own right). Such rights shall be enforceable under this Agreement by us as agent for each such Indemnified Third Party. Notwithstanding the foregoing, you and we may agree in writing to amend any provision of this Agreement without the consent of any of the Indemnified Third Parties, even if that amendment affects or will affect the rights conferred on any Indemnified Third Party hereunder.

This Indemnity section shall survive the termination or expiry of this Agreement.

Settling disputes, governing law, and courts

This Agreement shall be governed and interpreted in accordance with the laws of England. The parties submit to the exclusive jurisdiction of the English courts to settle any dispute arising out of this Agreement.

How you can reach us

If you want to talk to us, please get in touch with our team, and we'd be happy to help:

• Email: hello@fresha.com
• Post: Attention Fresha.com, Fresha.com SV Ltd, 71-75 Shelton Street, London, Greater London, WC2H 9JQ, United Kingdom

Definitions 

"Fresha Booking" means an appointment booking made by or for a Client through the Fresha Booking Services, or via the Fresha Payment Services to receive Partner Services, where at the time of making the booking, the Client chooses a time and/or date at which to receive those Partner Services. A Fresha Booking includes either Fresha Bookings with Online Payments or Pay Cash In-Store Bookings;

“Freshas Online Payment” Fresha offers Partners the Fresha Online Payment Services to make it easy for Partners to collect, process, and refund payments from Clients via the Fresha Platform. Payment services to collect payments from Clients on your behalf. When a Client pays Fresha, this discharges the Client’s debt to you.

“New Partner” A Partner or entity that has no current or has ever held a past Partner Account associated with Fresha. For the avoidance of doubt you will not count as a new partner if you were a Partner and now form part of an entity.

"Payment Processing" Fresha offers Partners the Fresha Payment Services to make it easy for Partners to collect, process, and refund payments from Clients (e.g. via Fresha Bookings with Online Payments).

“Partner Profile” means a fully setup Partner Account and Fresha Payment Processing and acceptance of the Partner Terms of Business.

“Credit” means a credit that is granted by Fresha to either a Referrer as a referral credit or to the Referred User as a welcome credit as a result of a Qualified Referral as part of the Referral Program and such credit can be used against all paid services offered by Fresha.

“Referral Link” is a unique URL generated for the Referrer that can then be shared with a Referred User.