These are the terms and conditions of use for www.fresha.com (Terms) and all affiliated websites owned and operated by Fresha.com SV Ltd. (we, us and our), including all subdomains, subdirectories, mobile sites, and mobile applications (collectively, the Site). We are a limited company, registered in England. Our registered company number is 11326509, and our registered office is at 71-75 Shelton Street, London, Greater London, WC2H 9JQ, United Kingdom. Our VAT registration number is GB299758808.
Your use of the Site will be subject to these Terms and by using the Site you agree to be bound by them.
These terms and conditions of use only apply to your use of our Site. These terms and conditions of use DO NOT apply to the third party goods and services which are available for booking and purchases on our Site. The online ordering and booking-related services (including payments, vouchers and bookings) we make available through the Site (the Fresha Services) are provided subject to our Terms of Service. Our third party partners fulfil these services (including the provision of your selected treatments) (the Partner Services).
Feedback and Information
Please submit any feedback you have about these Terms or any questions concerning the Site by email to firstname.lastname@example.org.
Access to the site
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user prove to be false.
You must be at least the age of majority or older in your jurisdiction of residence in order to use the Fresha Platform. If you live in a country or area that limit the use of the Fresha Platform because of your age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Fresha Platform or Fresha Services, or only do so with your parent or legal guardian’s permission. Please have your parent or legal guardian read these terms with you. If you are a parent or legal guardian, and you allow your child or dependant to use these Fresha Services, then these terms apply to you and you are responsible for your child’s or dependant's activity on the services.
Accounts, passwords and security
You do not need an account to access the Site, but you may need an account to use certain functionality on our Site.
Each individual may only have one account on our Site (whether this is your own account, or part of a shared account type, like a family account). Your account is non-transferrable and may not be sold, accessed by, combined or otherwise shared with anyone else.
We may immediately terminate your account if we determine that you have breached any part of these Terms, including:
- allowing any third party to access or use your account;
- committing fraud or falsifying information in connection with your use of our Site or in connection with your account on our Site;
If we or you terminate your account, then we may, without limitation:
- cancel any pending, current or future promotional account credits and any unredeemed vouchers in your account.
- disallow or prevent you from joining under a new account unless we formally invite you to do so.
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 our Site.
What you are allowed to do
Unless you are a Partner (a selected third-party provider of goods and services, who offers their goods and services for sale on the Site), you may only use the Site for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
Your promises to us
Use only our authorised App, on the right device: You may only access the Fresha Services using authorised means. It is your responsibility to check to ensure you download the correct App for your device. Fresha is not liable if you do not have a compatible mobile device or if you download the wrong version of the App for your mobile device. Fresha reserves the right to terminate the Fresha Services and the use of the Site if you are using the Site with an incompatible or unauthorised device.
Comply with the law and these terms, and use the Site appropriately: You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
By using the Site, you agree that:
- You will only use the Site for your sole, personal use (unless you are a Partner) and will not resell it to a third party;
- You will not authorise others to use your account (except as permitted as part of a family account);
- You will not assign or otherwise transfer your account to any other person or legal entity;
- You will not use an account that is subject to any rights of a person other than you without appropriate authorisation;
- You will not use the Site for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Site to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the network;
- You will not try to harm the Site in any way whatsoever;
- You will not copy, or distribute the App or other Fresha content without written permission from Fresha;
- You will keep your account password (or any identification we provide you which allows access to the Site) secure and confidential;
- You will provide us with whatever proof of identity we may reasonably request;
- You will only use our Site through an internet connection you are authorized to use;
- You are aware that when Fresha Services may require receiving or sending messages by SMS (if available in your jurisdiction), standard messaging charges (if any) will apply;
- You will not use the Site with an incompatible or unauthorized device;
- You will comply with all applicable laws including, secondary legislation of the area in which you are present while using the Site.
Fresha reserves the right to immediately terminate the Fresha Services and the use of the Site if you do not comply with any of the above rules.
What you are not allowed to do
Except to the extent expressly set out in these Terms, you are not allowed to:
- 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
- remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
- create links to the Site from any other website or "frame" or "mirror" the Site on any other server or wireless or Internet-based device (this does not include Partners implementing the Fresha Widget, as defined in our Partner Terms), without our prior written consent, although you may link from a website that is operated by you, provided the link is not misleading or deceptive and fairly indicates its destination; you do not imply that we endorse you, your website, or any products or services you offer; you link to (and do not frame or replicate) the home page of the Site; and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
- reverse engineer or access the Site in order to:
- design or build a competitive product or service,
- design or build a product using similar ideas, features, functions or graphics of the Site, or
- copy any ideas, features, functions or graphics of the Site;
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Site;
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site in any way;
- modify or make derivative works based upon the Site;
- send spam or otherwise duplicative or unsolicited messages of any kind in violation of applicable laws;
- send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or anything which would violate third party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Site, the Site or the data contained therein; or
- attempt to gain unauthorized access to the Site, the Site or its related systems or networks.
Fresha will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Fresha may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Fresha has no obligation to monitor your access to or use of the Site or to review or edit any content on the Site, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms (or any other terms between you and Fresha), or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Fresha reserves the right, at any time and without prior notice, to remove or disable access to any content that Fresha, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Fresha Services.
If you breach any part of these Terms, all your rights under these Terms will terminate immediately.
The Site may, from time to time, allow you to upload user-generated content and may also allow you to communicate that content, either to selected recipients or in public areas, such as review sections (collectively User Content Areas).
We do not control the material submitted to User Content Areas (collectively User Submissions), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.
If you participate in any User Content Areas, you must keep all User Submissions relevant to the purpose of the User Content Area and the nature of any topic.
User Submissions must not:
- contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable ("Prohibited Content");
- impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
- infringe any third party's intellectual property rights;
- contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material (including paid or otherwise sponsored reviews if the payment or sponsorship is undisclosed in the material) or other form of solicitation (spam); or
- transmit or distribute any virus and/or other code that has contaminating or destructive elements.
You agree that by submitting content, feedback or other information to Fresha, including any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.
Whilst we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.
Complaints about the content of any User Submission must be sent to email@example.com and must contain details of the specific User Submission giving rise to the complaint.
Fresha alone (and its third party licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Fresha Services and Site.
These Terms, and our Terms of Service, do not constitute a sale and do not convey to you any rights of ownership in or related to the Fresha Services or the Site, or any intellectual property rights owned by Fresha. Fresha's name, logo, and the product names associated with the Fresha Services are trademarks of Fresha, its affiliated companies or third parties, and no right or license is granted to use them.
Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site.
In the event you print off, copy or store pages from the Site (only as permitted by these Terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
You may not submit to Fresha or to our Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of that right, and you will be solely responsible for any loss or damages resulting from any infringement.
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Except to the extent provided in our Terms of Service, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
While we try to keep the Site safe and secure, we cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
We may, from time to time and without notice, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us.
We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
Governing law, dispute resolution
Fresha is based in England, where it administers and operates the www.fresha.com site. Other Fresha sites and applications may be administered and operated from other locations around the world. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use in other countries. Fresha may, in its sole discretion, limit the use of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside England, you acknowledge you have chosen to do so independently and you are solely responsible for complying with applicable local laws.