TERMS & CONDITIONS
1. Acceptance of Terms and definitions
These Terms and Conditions (the “Terms”) are binding legal Terms between you and Binx Beauty Ltd. Our registered company number is 11569853 and our registered office address is Ashford House, Grenadier Road, Exeter, EX1 3LH (“Binx®”,“us”, “we” or “our”). Ensure to read the following Terms carefully as it governs your use of Binx® (the “service”). The service consists of all aspects of the website at https://www.binxbeauty.co.uk(the “website”) and any pages we operate on third party social media applications and content and services made available through them via the internet, mobile devices including smart phones, tablets and interactive TV devices and services alongside the provision of associated information, product services by email, phone, SMS or mail.
Any person using Binx® to advertise their services and/or accepting bookings through Binx® is referred to in the Terms as (the “Therapist”) and any information they upload or provide is referred to as (“Therapist Information”). Any person using Binx to search and/or book treatments through Binx® is referred to as (the “Client”) and any information they upload is referred to as (“Client Information”). The Terms govern all aspects and use of the Binx® service including but not limited to the use of our software applications, all material, resources and services available on Binx® to allow for clients and therapists to browse and find each other, communicate with each other via the Binx® messaging system to book services, (also referred to as “Appointments” or “Treatments”) and later review their experience (collectively, the “Binx®service”, “Service” or “Binx®”). These Terms and other Binx® policies are incorporated by reference in these Terms.
By using Binx® you are bound by these Terms during the account sign up process or via using Binx® as a guest without an account you confirm to accepting the following Terms. If you do not accept these terms, you should not accept them and thereby do not have the right to use Binx®. You understand and agree that we may alter/change the Terms from time to time and any changes will be effective immediately when we post the modified Terms on Binx®. Your continued use of Binx® following the posting of modified Terms will mean you agree to be bound by the modified terms. This service is for use in the United Kingdom only and must not be used from any alternative jurisdiction. You are responsible for all compliance with laws and regulations that apply to yourself.
These Terms were last modified on 14th November 2019.
2. The Binx® service
Binx®is an online neutral Hair/Beauty/Wellness booking platform connecting self-employed mobile and home-based Hair, Beauty and Wellness therapists to clients in their local area. The site facilitates clients to browse therapists, read past reviews and book hair, beauty and wellness treatments wherever they are across the UK. The Binx® service consists primarily of a desktop and mobile accessible website alongside other related tools and support, which part- or full-time self-employed Hair, Beauty and Wellness therapists can use to advertise, market, communicate, interact, manage and sell their services to clients, whom can browse, communicate and book their services through Binx®. We charge fees/commission for some aspects of the Binx® service which is described in section 8.4.
2.2 Binx® does not provide Hair, Beauty and Wellness services
Binx® is a neutral platform for Therapists and Clients. Binx® is not a Service Provider and does not provide hair, beauty and wellness services of any type. All therapists advertising on Binx® are self-employed and not the employees of Binx®. Binx® makes no warranties, representations or assurances of the quality of therapists and treatments received or any other services provided by therapists or about your interaction, communication and overall experience with Therapists both directly and indirectly relating to Binx®.
Binx® does not verify therapist’s claimed qualifications or certification of any type and it is the therapist’s responsibility to ensure all information uploaded or claimed is accurate and truthful. It is also the client’s responsibility to ensure they thoroughly investigate the therapist’s claims and qualifications prior to undertaking a treatment with them and we recommend they request to see evidence of such qualifications. Clients should exercise caution and judgement prior to engaging and booking and attending an appointment with a therapist and therapists when carrying out an appointment on a client.
It is the therapist’s responsibility to decide whether to carry out any appointments or deal in any way with any client, as it is also the client’s responsibility to decide whether to book and attend any appointments or deal in any way with any therapist. We do not vet clients or therapists on behalf of users and we will not be liable to you in relation to any service or relationship with a client in any way. Therefore, we recommend you carefully consider and assess each client for each appointment and carry out whatever lawful checks you deem appropriate in relation to any client prior to undertaking any appointment with them.
Both therapists and clients are solely responsible for making decisions that are in their best interests. Binx® does not employ or recommend specific therapists and to the maximum extent permitted by applicable law, Binx® will not be held responsible or liable in any way for the performance, conduct or trustworthiness of therapists or clients, whether they are on- or offline.
Subject to section 10 seen below, you agree to release Binx.Òfrom any and all claims, injuries, loss, death, harm, illness, demands and/or damages arising from directly or indirectly of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed arising out of or in any way related or connected to your interactions and dealings with other users in any way and the acts and or omissions of Therapists and Clients whether online or offline. You acknowledge and agree that, except to the extent we have liability permitted by applicable law, your use and/or provision of therapist dealings or client dealings and receiving booking and connecting services is at your sole and exclusive risk.
2.4 Transactions and relationship between Clients and Therapists
Binx® may be used to browse, find, connect, book and pay for hair, beauty and/or wellness appointments via therapists and all transactions conducted via Binx® are between Clients and Therapists. Except from the limited refund policy specific in section 9, you agree that Binx® has no liability for damages of any sort in relation to any aspect of therapist services or resulting from any other transactions between users of Binx®.
The Binx® review and rating system aims to provide clients with independent feedback on the quality, value for money and overall experience of therapists to create a community of great therapists providing excellent services to the public. You therefore agree that your appointments and work may be reviewed and rated by clients and allow the ratings and reviews to be published and made publicly available. You also agree to actively encourage all clients to review and rate your work in order to assist future clients decide on the best therapist for them. Should you have a dispute with a client, you must address the dispute directly within 48 hours of the start of the treatment and you agree to notify the details of the dispute to Binx® as soon as reasonably possible. However, Binx® are under no obligation or responsibility to get involved or if they do to resolve or facilitate any resolution between any users, all disputes are between users regardless of whether Binx® intervenes or not.
If Binx® decides to investigate any such disputes between therapists and clients, we may take any lawful action we deem necessary in such an event, with likely outcomes including but not limited to;
- You and the client being allowed to continue using Binx®
- You and/or the client being suspended from using Binx® for a period of time
- You and/or the client’s access to Binx® being terminated and banned indefinitely.
In the case of a suspension or termination fees already accumulated up to that point shall become immediately payable to Binx®. Binx® cannot be involved in your direct dealings with clients and are not responsibly for any and all claims, demands and damages of every kind and nature between any users.
2.5 Users are solely responsible for evaluating other users
Clients are solely responsible for evaluating the suitability of Therapists for the services they claim to offer and provide. Binx® does not verify therapists or screen them or their qualifications. Binx® does not claim to verify any aspect of a therapist or their services and therefore cannot provide any or all therapist’s profiles or claims are accurate, complete, up-to-date and trustworthy. Similarly, Binx® does not endorse reviews of Therapists by Clients that are available on the Binx® service and makes no commitment or assurances that such reviews are accurate, factual or legitimate. Likewise, Binx® does not verify or check any Clients or their profiles when signing up to Binx®. Therefore, it is all users’ sole responsibility to evaluate the suitability and legitimateness of other users.
Clients and Therapists transact with each other on Binx® when they both agree to a “booking” which encompasses and specifies the fees and commission, time period, cancellation policy and refund policy, cooling off period and any other terms for provision of hair, beauty and wellness services via the booking mechanism provided on the Binx® service a (“Booking”). Clients may initiate bookings and follow the on-screen prompts. You will then reach the payment section where the client is requested to pay for the appointment in full. The therapist is not obligated to accept or carry out any booking, however therapists continuously cancelling and rescheduling bookings may be contacted by Binx® who have the right to terminate or suspend their account at our discretion. There is a 15-minute appointment cool down time by default, but therapists can amend and set their own cool down time in their account, so it is the responsibility of clients to ensure they check the cool down time of individual therapists. An email notification is set for 1 hour prior to the appointment for a reminder, but individual therapists can amend this.
3. Use of Binx®
3.1 Behaviour and conduct on Binx®
You agree not to use Binx® in any unlawful manner and notably shall not: 1) abuse, harass, stalk, threaten or otherwise violate the legal rights of others, 2) Publish, post, upload, distribute/disseminate (post) any inappropriate, inaccurate, unlawful, defamatory, abusive, infringing, obscene, discriminatory, unlawful material relating to yourself or any other users of Binx®. All messages between yourself and clients must be conducted through Binx®. All messages are available for selected Binx® employees to access in order to assess any disputes, receive flagged up messages for the protection of yourself and others and to ensure no unlawful messages or messages violating these Terms are being sent through the website. However, Binx® are under no obligation or responsible or liable in any way for rectifying any disagreement or issue between clients and therapists, or any other user. Any disagreements are directly between the users themselves and not the responsibility of Binx®. If any client or therapist asks to pay outside of Binx® this must be flagged up and notified to Binx® as soon as possible to avoid any penalties being made/enforced. If any behaviour is deemed inappropriate, unlawful or violating Binx® Terms, we hold the right to remove/withdraw you from Binx® at any time.
You may not advertise for any services which are not legal or may not be legally performed by you or that you are not qualified to perform or advertise. Binx® are not responsible or liable for verifying your legal status or qualifications regarding performing and providing genuine legal treatments for clients, thus it is your obligation and responsibility to ensure you are providing accurate services in accordance with laws and regulations that apply to yourself and that you are fully qualified to do so. Binx® is not for use for therapists whom do not intend to carry out and ensure successful completion of any treatments they advertise.
The core purpose of Binx® is a booking platform to connect clients to genuine therapists who wish to advertise and accept appointments through Binx® and perform hair, beauty and/or wellness treatments to clients. Binx® is therefore not for use by therapists who do not intend to carry out and ensure successful completion of each appointment they accept. Therefore you agree that you will use Binx® for its intended purpose and will not in any case 1) use Binx® to advertise false services for which you are not qualified to do so, 2) advertise and/or perform illegal services to clients, 3) accept appointments and/or accept payment outside of Binx® for leads, clients and recommendations generated from or as a result of Binx®.
We will not be a party to any contract made between you and the client and therefore we shall not be liable for any loss, damage, injury or death resulting from any dealings between you and any client including but not limited to any direct, indirect or consequential or inconsequential loss, damage, injury or death of any kind.
You agree not to use the service in any unlawful manner and in particular:
- Not to post any material that infringes any trademark, patent, copyright, trade secret or other proprietary right of any person.
- Not to post any corrupted files including those that contain viruses or any other code that may damage the operation of any electronic device or submit any other malicious code to or through Binx®.
- Not to post “spam” or other unauthorized commercial communications.
- Not to use Binx® to advertise/arrange for the provision or purchase of services with another user then complete transactions for those services or related services outside of Binx®.
- Not to use Binx® for purposes of competing with Binx® or to promote/advertise products/services outside of Binx®.
- Not to claim any qualifications or personal details that are not accurate and do not belong to you. Any qualifications that you upload must be genuine and accurate and hold in UK laws and regulations. Any claims you do make, or false claims, are solely your responsibility and Binx® will not be held liable.
- Not to post reviews – written or photographic about users that are not based factually on your personal experience and are intentionally inaccurate, misleading, false or that violate these Terms.
- Not to post any content or material on any aspect of Binx® that is defamatory, abusive, harassing, threatening, misleading, pornographic or contain nudity or graphic violence, incite violence, violate any intellectual property rights or violate the law or legal rights of others.
- Not to impersonate another person or entity, or falsify or delete any author attributions, legal or other notices of the original or source of software.
- Not to transfer or authorise others to use your account for Binx® or engage in fraudulent transactions.
- Not to solicit another user’s username and password for Binx® or any other sensitive personal information including bank details and related information.
- Not to create multiple or duplicate accounts.
- Not to Cause Binx® to be interrupted, damaged or rendered less efficient or such that the functionality of the service is in any way impaired or restrict any other user from using Binx®.
We may notify you of appointments from time to time but are under no obligation to do so. As clients retain the right to change or cancel their appointment in accordance with the therapist’s set appointment procedure, we are unable to give any warranty as to the availability of the appointment. We do not review or confirm the accuracy of any or all details provided by users and therefore cannot guarantee all users include correct, complete and accurate information on their profiles. Further we cannot guarantee using Binx® will result in business for you and no refund or compensation is offered in the event that you do not obtain business from Binx® or find a therapist to successfully carry out a treatment.
3.2 Payments and fees
You agree to pay all fees including commission in accordance with the Payment Terms, see section 8. Binx® have the right to increase, decrease, introduce or omit fees and commission of any sort, at any time. Clients agree to pay in full at the time of booking and therapists agree to honour that price and service they are offering. If a client asks you to pay outside of Binx®, or if a therapist asks to be paid outside of Binx®, you must report it immediately to Binx®. If you do request, accept or make any payment for treatment fees outside of Binx®, you accept all risk and responsibility for such payment and hold us harmless from any liability from such payment. We also reserve the right to permanently remove you from Binx®.
3.3 Suspension and Termination
You agree and understand that Binx® has no obligation to provide the entire Binx® service or any aspect of the service in any specific location or territory, nor to continue providing it once we have begun. Binx® reserve the right to suspend or terminate your access to Binx® for any or an indefinite length of time respectively if: 1. If in our discretion your conduct/use of Binx® is deemed inappropriate, unsafe, dishonest, unqualified, illegal, extremely bad client feedback/complaints or in breach of these terms; or 2. If necessary in our discretion to protect Binx®, its users, employees or the public now, or if anticipated in the future. You may terminate your use of Binx® at any time and for any reason via your account. If you cancel/terminate your Binx® account as a therapist all upcoming booking will be cancelled, and clients will receive a full refund. If you cancel/terminate your account as a client, any upcoming bookings will be cancelled, and any refund will depend on whether you are within the therapist’s cancellation policy.
4. Content on Binx®
4.1 Your Content
We may require or allow you (or someone else on your behalf and permission) to submit or upload: text, photographs, images, videos, other media, reviews, information and any other miscellaneous materials to your profile on the Binx® service or otherwise in connection with using Binx® and/or via participating in promotional campaigns and competitions of any sort we run on the site or any third party sites including social media platforms (collectively known as “Your Content”).
The majority of the material on Binx® originates from users of the website and we rely on you to accurately describe yourself, your treatments and your qualifications. We have little to no editorial control over the material and thus cannot guarantee the accuracy, timeliness, performance, cleanliness or fitness of yourself. Therefore, it is your responsibility to accurately advertise your services on your profile and across the entire Binx® site including on third party social media pages. We cannot accept responsibility for errors, omissions or inaccurate information you provide through Binx® or any services you perform. You must ensure all information you provide is accurate and ensure you have the right to work in the UK and are in accordance and compliant with laws and regulations that apply to yourself.
If your name, voice, image, persona, likeness or performance is included in any aspect of Your Content, you hereby waive and release Binx® and its users from any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity or personality, or any similar claim arising out of the use of Your Content in accordance with the license in 4.2 and the other provisions of these Terms.
Whilst we take steps to prevent the misuse of our systems, we cannot ensure the website will be free of viruses or any other malicious code and accept no liability for loss or damage caused as a result of the transmission of such code. We recommend you ensure you have up to date firewalls and anti-virus software to protect your equipment and data as much as possible. Moreover, any material you obtain from the service is used at your own risk and Binx® are not liable for any loss or damage occurring as a result of or in connection with access or use of Binx® (except to the extent that such liability cannot be excluded by law).
4.4 Your Representations and Warranties regarding Your Content
You represent and warrant that 1. You are the owner/licensor of Your Content and have all rights, consents and permissions necessary to grant the license as described in section 4.2 and make the release in section 4.3 with respect to Your Content. 2. That you have any necessary consents and releases from individuals who appear in Your Content in any form e.g. previous clients. 3. Your Content does not violate the law or these Terms.
4.5 Right to Remove, monitor or edit Your Content
Though Binx® are under no obligation to do so, we reserve the right to monitor, edit, screen, report to relevant authorities and remove aspects or all of Your Content on Binx®. Our enforcement of these Terms in relation to Your Content is at the discretion of Binx® and failure to enforce the Terms in one situation does not create a waiver of our right to enforce them in another situation/circumstance. We have no obligation to retain, back up or provide you with copies of Your Content, nor will Binx® have any liability to you for the deletion, disclosure, loss or modification of any aspect of Your Content in any way or at any time. It is your sole responsibility to maintain back-up copies of Your Content.
4.6 Reviews and Ratings
4.7 Therapist Qualifications and Certifications
The validity of the certificate/qualification Therapists claim to hold both in person and displayed on their Binx® profile remains solely their responsibility and Binx® has no responsibility or obligation for validating such certificates/qualifications and we will not be held responsible or liable in any manner for any misrepresentations or claims made. Clients remain fully responsible to evaluate and investigate their therapists. All therapists must have successfully completed at least an NVQ Level 2 qualification (or equivalent) in a recognised UK Hair/Beauty course and be fully certified to complete any treatments they advertise, but Binx® are not responsible or liable for checking or ensuring this. It is the therapist’s responsibility to ensure they display the correct qualifications and certification on their Binx® profile, and the client’s responsibility to ensure they carry out any and all checks they deem necessary to validate such qualifications and certifications, prior to booking/allowing the treatment to commence.
We advise clients to request sight of evidence of applicable qualifications and certifications, and DBS checks if a parent or guardian wishes their child’s nails or hair to be done, with child meaning a minor under 18. Therapists must only perform treatments on minors with the permission and in the presence of a parent or guardian and if are unsure, should ask to see identification. Parents and guardians take full responsibility for ensuring their minors abide by these rules and agree that Binx® will not be held liable for checking and verifying any user’s age. Binx® is not responsible for this and it is up to therapists to ensure they have the correct qualifications, certification and permissions prior to carrying out any treatments. Therapists agree to comply with any reasonable requests of the clients in relation to seeing verification of such certification or related information.
Therapists must also ensure you have the correct insurance in place. We are not liable for any insurance claims or for providing any such insurance or any claims that may be made to therapists or clients as a result of injury or death and users agree to indemnify Binx® against any claim of any sort.
4.8 Binx® messaging
Binx® contains messaging functions to facilitate clients and therapists to contact each other directly in relation to an appointment. You agree to only use messaging functions for this purpose and not for any other purposes. Although we anticipate users will use this responsibly, we require all users to ensure that all content posted is lawful. Binx® are not responsible for reviewing, monitoring or policing user content and thus it is possible that there may be offensive, harmful, inaccurate, obscene or deceptive material and we strongly recommend you exercise proper judgement and caution when using such functions. Users are responsible for their communications and any consequences arising from them.
Binx® are not responsible for any messages sent using our messaging system. However, you have the option to flag up any inappropriate messages to Binx®. We will try our best to respond and alleviate the problem in a timely manner but are under no obligation or responsibility to do so. Binx® cannot be held liable for any conversations had in the Binx® messaging system or via any other contact with other users and you should exercise proper judgement and consider the risks prior to entering a conversation both online and in person with another user.
To protect personal information, at no point should content in the chat be screenshotted, copied, shared, re-posted to any other platform, site or other person. Binx® takes no responsibility for any content posted on the messaging feature either by clients or therapists or any other user. We do not monitor the messages sent at all times but do have access to the messaging system to remove or edit anything posted in a chat message that breaks these Terms. Binx® also has the right to share any or all content deemed inappropriate or that related to a criminal investigation with the relevant authorities.
Should any user post content we deem inappropriate or that violates these Terms including accepting payment outside of Binx® we reserve the right to remove that user from Binx®. If a client asks you to pay outside of Binx®, or if a therapist asks to be paid outside of Binx®, you must report it immediately to Binx®. If you do request, accept or make any payment for treatment fees outside of Binx®, you accept all risk and responsibility for such payment and hold us harmless from any liability from such payment. We also reserve the right to permanently remove you from Binx®.
5. Compliance with Applicable Law
By accessing and using any aspect of the Binx® service, you certify you are: 1. At least 18 years of age (or a parent or guardian over the age of majority to use Binx® on behalf of booking a treatment for their child for which they must remain present throughout the treatment) 2. Will comply with all laws and regulations applicable to your activities conducted through, or related to, the Binx® service.
For clients this includes amongst other things that you ensure you are of legal age for the treatment or if you wish for a therapist to treat your child e.g. haircut that you are present at all times and give your permission. For therapists this includes amongst other things that you are legally eligible to provide all services listed on your account and hold recognised UK qualifications for such services and have obtained the correct training for all services. Qualifications, certifications and any applicable licences to prove this must be clearly displayed on your profile and/or available to show immediately in person if requested. You must have achieved at least an NVQ Level 2 qualification (or equivalent) in a UK recognised Hair/Beauty course.
All services must be legal in the UK and openly recognised treatments. You are solely responsible for ensuring you have obtained all business licenses, permits and insurance required to conduct any such services. Binx® are not responsible in any way for verifying your qualifications and/or certification, qualifying you or providing any insurance, permits, or licenses of any kind. You must also ensure that you comply with Tax laws and file a self-assessment tax return if required – this is not the responsibility of Binx®. You are responsible for ensuring all clients are of legal age. Should a minor undertake a treatment, this must be at the discretion and approval of the parent or guardian whom must be present at all times.
You acknowledge that Binx® is entitled to rely on these commitments from you and is not responsible to ensure that all or any users have fully complied with applicable. Laws and regulations in their jurisdiction and will not be liable for a user’s failure to do so.
6. Registration and account security
In order to use aspects of Binx®, you are required to create a profile which includes creating a username and password. If you choose to use Binx® you agree to provide accurate, truthful information about yourself including any necessary qualifications and to ensure all information is up-to-date. You agree not to impersonate anyone else and not to create and maintain more than one account including if you are suspended or terminated from Binx® you must not create additional accounts to circumvent this. You are responsible for maintaining the confidentiality of your username and password and to ensure you are willing for any information on your public profile to be viewed by anyone. You also agree not to authorise anyone else to use your username and password and you are solely responsible for all activity under your account. You agree to alert Binx® as soon as reasonably possible of any unauthorised use of your account. When registering/signing up on Binx, you agree that you will be automatically subscribed to email marketing, but you may unsubscribe at any time.
8. Fees, commission and payment
All currency including but not limited to: treatment charges, commission and any other fees displayed and charged and conducted through Binx® are listed in Pounds Sterling. All charges including fees and commission are subject to change at any time and without notice. Binx® reserves the right to increase or decrease, implement or remove charges, fees or commission at any time for any/all users.
8.2 Appointment Charges and times
Individual therapists are responsible for determining what to charge for their appointments and deciding the length of time for each appointment, taking into account the following but not limited to: set up time, a window of time between appointments to account for either party being late (known as “Leeway window”) and travel time, the latter if they are mobile. If you are a therapist, you are responsible for determining your treatment costs and you agree to honour the price set forth in your booking. A therapist has the right to amend appointment charges via their account at any time, but any clients who have already booked and paid in full for an appointment, should not be subject to the change in fees for that appointment. Clients agree to pay in full the cost of the appointment upon booking as listed on the checkout page.
8.3 Client Fees, commission and charges
If you are a client and book with a therapist, you agree to pay the full treatment cost at the time of booking as shown on the booking screen directly through Binx® which utilises PayPal for payments. Where required by law the amount charged will also be inclusive of applicable taxes. Clients currently do not pay any extra fees such as service fees, however this is subject to change and Binx® maintains the right to introduce such fees or commission of any sort at any time and without notice. With any introduction of new fees any appointment booked on or following the introduction of such fees or commission of any sort will be subject to the new fees. As described in section 4.7 above, the therapist and not Binx® is solely responsible for accurately describing and advertising their services and performing/carrying out any aspect of the hair/beauty/wellness treatment and the quality and overall appointment experience is not the responsibility of Binx® and we will not be held liable in any way. The purchase of hair/beauty/wellness services is a transaction between the therapist and the client and the role of Binx® is to facilitate the transaction.
8.4 Therapist Fees, commission and charges
If you are a therapist, you agree to honour the price paid set forth in your booking and carry out the appointment at the time and date booked. The purchase of hair/beauty/wellness services is a transaction between therapists and clients. The role of Binx® is to facilitate the transaction. Binx® will (either directly or indirectly through an authorised third party) collect payment from the client at the time of booking and (subject to any required payment holds as described in section 8.6). Binx® charges 15% commission (also referred to as a “Service fee”) for therapists as described in section 8.7 which we deduct prior to remitting payment to therapists in line with section 8.5. Binx® will transfer the 85% of the booking cost to the therapist via PayPal and this will be subject to PayPal fees. Where required by applicable law, the amount charged will be inclusive of applicable taxes.
8.5 Payment Schedule
Therapist payments less commission will be processed on a Wednesday for the previous week. For example – all successfully completed appointments for the week between Monday 08/07 to Sunday 14/07 will be processed on Wednesday 17/07. Please allow a few business days for payment to reach your account as it is dependent on PayPal.
8.6 Payment Holds
Binx® reserves the right to issue a hold on payments otherwise payable to therapists as pursuant to section 8.5 if there is reasonable suspicion of fraudulent, illegal or harmful activity involving your account(s) or for other similarly compelling reason involving protection of Binx® and/or its reputation, the Binx® community including other users or any employees or third party rights. Binx® may also recommend that third party payment service providers restrict your access to funds in your account under the same circumstances.
8.7 Service Fee
Binx® charge a service fee for certain aspects of Binx®. All therapists are charged a service fee on all appointments which is 15% of the total booking cost paid by the client. We deduct this service fee from the amount paid by the client and transfer the remaining 85% of funds on to the therapist via PayPal in line with sections 8.4 and 8.5.
8.8 Changes in fees
All charges are subject to change at any time and without notice. Binx® reserves the right to increase or decrease, implement or remove charges of any sort including but not limited to fees and/or commission at any time to any/all users.
8.9 Authorisation to charge
When you pay for hair/beauty/wellness services or for other services on Binx®, you are required to provide us with valid, up-to date payment information and to maintain that payment information (or an acceptable alternative payment method) on your account. You authorize us to charge your payment method for any fees you incur on Binx® as they become due and payable and to charge any alternative payment method we have on record for you in the event your main/primary payment method is expired, invalid, declined or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees of any sort due because your payment information is no longer valid or if we don’t receive your fees when due then you understand that neither Binx® nor the therapist will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via Binx® are non-refundable once paid.
8.10 Payments must go through Binx®
All payments for services must be conducted through Binx®. If you do request, accept or make any payment for treatment fees outside of Binx®, you accept all risk and responsibility for such payment and hold us harmless from any liability from such payment. We also reserve the right to permanently remove you from Binx®. You agree to notify us of any user requesting, accepting or making a payment for a treatment outside of Binx®.
9. Cancellations and Refunds
9.1 Cooling off period
There is a 15-minute default cooling off period for a full refund and cancellation, but individual therapists can amend this and set their own cooling off period. Please ensure you check individual therapist’s profiles for their policy.
9.2 Cancelling and rearranging by Clients
Individual therapists set their own cancellation policies on Binx®, which are either 24, 48- or 72-hours’ notice. Please ensure to check each therapist for their cancellation policy prior to cancelling an appointment. Only appointments cancelled or rearranged within the individual therapist’s cancellation policy are eligible for a refund. If a client wishes to rearrange an appointment, they must contact the therapist directly to request to rearrange an appointment. If the therapist cannot rearrange their appointment, then the client is entitled to a full refund, only if they are within the therapist’s cancellation policy.
9.3 Cancellation by Therapist
If a therapist cancels a booking, we will refund you all fees paid by the client for services not provided. If therapists repeatedly cancel booked appointments, Binx® may terminate your account temporarily or permanently.
9.4 Force Majeure
A full refund may be given if a user has to cancel because of an emergency or unexpected circumstance that is out of their control that render it impossible or impractical to perform or attend accepted bookings such as evacuations resulting from natural disasters, death, serious illness or road closures meaning a user cannot travel to their appointment if there is no other route that could be taken. Documentation will need to be provided to Binx® in order to file you claim for the refund. A claim needs to be made within 48 hours of the appointment to be eligible for the refund. If Binx® agree to your claim refunds will be issued in accordance to the payment schedule described in section 8.5.
9.5 Refunds for failure to perform
If we determine at our reasonable discretion that a therapist has failed to provide hair/beauty/wellness services as agreed with the client or is otherwise in breach of these Terms then we may, in our reasonable discretion cancel booking and/or issue a full or partial refund to the client.
9.6 Payment disputes
Any payment disputes must be raised with Binx® within 48 hours after the appointment start time. Any disputes made after this time are strictly between the client and the therapist and Binx® has no responsibility or obligation to mediate or facilitate any resolution. Moreover, Binx® has no responsibility or liability of any sort for any tips or bonuses made outside of Binx®.
9.7 Taxes and Legal charges and insurance
Except for taxes on Binx®’s income or where Binx® is otherwise required to collect taxes, users acknowledge that you are solely responsible to pay any applicable taxes or charges in relation to your purchase, provision or use of Binx® or in relation to any aspect of being a self-employed hair/beauty/wellness provider. Therapists also acknowledge and agree to ensure all necessary insurance and legal cover is in place prior to conducting treatments. All users also acknowledge and agree that Binx® has no responsibility or liability of any sort for any insurance or claims arising to them regardless if therapists have insurance in place or not and to release and indemnify Binx® against any such claims or situations directly or indirectly, casual or consequentially related to the use of Binx®.
9.8 Payment Processing
Payment processing services are provided by PayPal and subject to the PayPal service agreement available at (https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full). By using Binx® to make or receive payments you may be asked to set up a PayPal account and must accept PayPal Terms. You authorise Binx® to obtain all necessary access to and perform all required activity on (including requesting refunds where appropriate) to your PayPal account to facilitate payment related to therapist services you purchase or provide. You also agree to provide accurate and complete information about you and your business and services and authorise Binx® to share such information and transaction information with PayPal for the purpose of facilitating payment processing services provided by PayPal. Binx® reserves the right to switch payment processing vendors at any time or use alternate or backup vendors in its discretion.
10. Third party services, links and affiliations
Binx® may contain links to third party websites or resources. You acknowledge and agree that Binx® is not responsible or liable in any way for: 1. The availability, accuracy or validity of such websites, material, resources or claims/advice given. Links to such websites, material or resources do not imply or suggest any endorsement of any kind of such website, material or resources or 2. The content, products, services, advice or recommendations available from such websites, material or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, material or resources. This includes any such advice or links in the Binx® blog or social media posts and you should carefully consider prior to following any link and we cannot accept liability for any loss or damage resulting from following any such links.
To the maximum extent permitted under any applicable law and except as otherwise prohibited by applicable law, you agree to release, defend, indemnify and hold Binx® and it’s affiliates harmless from and against any and all claims, liabilities, demands, causes of action, losses, death, illnesses, emotional distress, expenses, damages and/or liabilities including without limitation, reasonable legal fees, accounting fees and court costs that are directly or indirectly related or causal in any way to your: 1. Transactions and interactions including the use of the Binx® messaging system on or offline, with other users of Binx® including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection or resulting of such interaction; 2. Violate or breach these Terms, our policies or standards; 3. Disputes with other users of Binx®; 4. Your misrepresentations, misstatements, false claims or violation of applicable law; 5. Personal injury to clients and consequential effects on third parties or property or contents damage; 6. Your Content, 7. Improper use of Binx®; 8. Violation or breach of any laws, regulations, requirements or third party rights. Furthermore you also agree that you will cooperate with Binx® in the defence of such claims. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification under this section, and you will not settle any such claim or matter without our advance written consent.
12. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted under applicable law, in no circumstance will Binx® or any other party involved in delivering the Binx® service be liable to you for any indirect, special, incidental, consequential, compensatory or otherwise damages or demands, or for any business losses or loss of profit, revenue, contracts, qualifications, data, goodwill, reputation, service interruption, computer or electronic device damage, system failure or the cost to replace or substitute product or for any damages arising from personal or bodily injury or emotional distress or any similar losses or expenses arising out of or in connection with: 1. These terms; 2. The use of or the inability to access/use Binx®, including and without limitation damages related to any information received from Binx®, removal of Your Content including that on your profile or review or any other content from Binx®; 3. Any suspension or termination of your access to Binx® whether informed or without notice or any failure, error, omission, interruption, defect, delay in operation or transmission of the Binx® Service even if Binx® are aware of the possibility of any such damages, losses or expenses of any kind; 4. From any communications, interactions or meetings with other users or persons with whom you communicate, interact or meet as a result of your use of Binx®; 5. Misrepresentation or un-factual claims, qualifications or certifications made by Therapists or Clients; 6. From your publishing or booking of an appointment.
You also acknowledge and agree that to the maximum extent permitted by applicable law that the entire risk arising out of your access or use of any or all aspects of Binx® and all content, including but not limited to: your publishing of information, listing, use of the Binx® appointment diary, Binx® messaging system, the payment service or any interaction you have on or offline or in person with other users remains with you. Some jurisdictions do not allow for the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
To the maximum extent permitted by applicable law in no circumstance will Binx® be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory and or consequential arising out of or in relation to your conduct or anyone else in connection with Binx® including but not limited to: bodily injury, death, illness, emotional distress and/or any other damages resulting from the reliance of any information posted on Binx® including the blog or social media or for any interactions with other users on Binx® whether on or offline. This includes any claims, losses or damages arising from the conduct of users who attempt to defraud or harm you, intentionally or not.
If you have a dispute with a Therapist/Client or any other user or person, you agree to release Binx® from all claims, past, present or future, demands and damages of every nature, known and unknown arising out of or in any aspect connected with such dispute. In no circumstance will Binx® be liable for direct or indirect consequences of a Therapist or client failing to comply with applicable laws and regulations.
13. Intellectual Property Rights
Binx® and its licensors owns all rights, title and interest in and to its trademarks including registered trademarks, service marks, brand names and logos. You acknowledge and agree that all present and future copyright and all other intellectual property rights subsisting in or used in connection with any aspect ofBinx® (the “Rights”) including the manner in which Binx® is presented/appears and functions, all information, documentation and content relating to it, the technology and software used to provide it is our property (or that of our licensors) and nothing in these Terms shall be taken or assumed to transfer any of the Rights to you. Except for your rights to access and use the Binx® service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietor rights to anyone including you. You agree that we will have a perpetual right to use, incorporate and implement into Binx® any feedback or suggestions for improvement that users or anyone provided to us without any obligation of compensation or financial stake in Binx®.
You agree and acknowledge that Binx® including all associated intellectual property rights, are the exclusive property of Binx® and/or its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary right incorporated in or accompanying any aspect of Binx®. All trademarks, serve marks, logos, trade names and any other source identifiers of Binx® used on or in connection with Binx® are trademarks or registered trademarks of Binx®. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with any aspect of Binx® are used for identification purposes only and may be property of their respective owners.
14. Warranty Disclaimer for the Binx® Service
The information and materials found on Binx® website or social media of any sort including text, images, graphics, information, recommendations, links or any other items are provided “as is” and “as available”. Profiles, reviews, therapist/client photos, advice, opinions, statements, offers or other information or content made available through Binx® but not directly by Binx® are those of their respective authors whom are solely responsible for such content. To the maximum extent permitted by applicable law Binx® does not: 1. Warrant the accuracy, clarity, adequacy, reliability or completeness of information and materials on Binx®; 2. Adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any party other than Binx®; 3. Warrant that your use of Binx® will be secure, free from computer viruses or malware, uninterrupted, always available, error free, reliable, or will meet your requirements or expectations or that any defects in Binx® will be corrected. We also are not responsible for backing up Your Content or responsible if it gets lost either temporarily or permanently. To the extent permitted by applicable law, Binx® expressly disclaims all warranties, whether expressed, implied or statutory with respect to Binx® and specifically disclaims all implied warranties or merchantability, fitness for a particular purpose, non-infringement and accuracy. In addition, and without limiting the foregoing we make no representation or warranty of any kind or sort, whether expressed or implied regarding the suitability of any therapist that offers hair, beauty and/or wellness services via Binx®.