AirParlour – Partner Terms of Business

Version 1 - Updated October 2024

1. INTRODUCTION AND DEFINITIONS

1.1.We are AirParlour. Under these Terms of Business (the “Terms”), we refer to ourselves as AirParlour, we, us or our.

1.2.You are an individual providing hairdressing services or other approved services (the “Services”), or physical products (“Goods”), who is entering into these Terms with AirParlour. You will be referred to as Partner, you and your under these Terms. Together, you and us are the Parties.

1.3.A Customer means a person who makes an appointment for your Services or purchases your Goods via the AirParlour website www.airparlour.com or the AirParlour application (the “Platform”).

1.4.An Existing Customer is a customer that you introduce to the Platform, To identify them as an Existing Customer, you must either:

  • 1.4.1.send a link to the Existing Customer to join the Platform; or
  • 1.4.2.notify us via email that a particular customer is your own.

1.5.A New Customer is a customer that you have never provided Goods or Services to before. A customer will only be categorised as a New Customer for the first monetary transaction that they pay in return for Goods and/or Services from you. Thereafter, they will be categorised as a Customer.

1.6.A Match-Making Fee is 20% of the total payment figure shown when a New Customer pays for your Services or your Goods. No Match-Making Fee will be charged on Existing Customers. The Match-Making Fee will be 20% of the total costs shown at checkout, including any processing fees and VAT, if applicable. This amount will be deducted before your proceeds are paid into the payment account that you have linked with Stripe.

1.7.Stripe is our third-party payment provider. To use the Platform and receive payments for your Goods and/or Services, you will need to onboard with Stripe separately at www.dashboard.stripe.com/register/connect. All payments will be processed in accordance with the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). The Stripe Services Agreement can be accessed at www.Stripe.com.

1.8.The Stripe Processing Fee is a fee that is applicable to all transactions made through Stripe. We do not control the amount of this fee. As such, this fee is out of our control and may fluctuate depending on what type of card is used to pay, whether Stripe changes the rates in the future and other various factors. We are not liable for any fluctuations or changes in the Stripe Processing Fee.

1.9.These Terms govern the relationship between us and you as service providers, and you must read these terms alongside our Community Guidelines. Our Community Guidelines set out our values and how we expect you to behave on the Platform. These can be accessed at [insert link].

2. OUR PLATFORM

2.1.In order to become a Partner, you must complete an application (the “Application”) on our [INSERT]. Once your initial application is accepted you will become a Partner on the Platform, and will have a designated page where you can upload content regarding your Goods and/or Services (your “Profile”).

2.2.Each Application must be made for one person only. We allocate each Profile based on the identification documents provided. You may not submit an Application on behalf of a company unless you are the sole owner and only service provider in that company.

2.3.You must complete your Profile before you can begin offering Goods and/or Services on the Platform. Once you have completed your Profile, it will be reviewed by AirParlour. If the Profile is not satisfactory to our standards, we may ask you to amend your Profile or reject your application entirely at our discretion.

2.4.When completing your Profile, you must provide the following to AirParlour:

  • 2.4.1.A copy of your passport or drivers licence;
  • 2.4.2.A certificate of a basic DBS check; and
  • 2.4.3.Certification of a National Vocational Qualification level 2 or equivalent.
  • We will not allow any individual to offer Goods and/or Services on our Platform without first providing the requirements set out in this clause 2.4.

2.5.You can only register one time and make one Profile to represent yourself or your company. Any duplicates that we find may result in an investigation and ultimately the removal of all Profiles relating to your Goods and/or Services on the Platform.

2.6.Customers can book your Services (a “Booking” or “Bookings”) or purchase your Goods via the Platform, and you may also choose to make bookings with Customers directly outside of the Platform. We operate on a non-exclusive basis.

2.7.We do not charge a subscription fee to use the Platform. The Platform is free to use save as set out below:

  • 2.7.1.All payments for your Goods and/or Services (“Transactions”) with Customers are subject to the Stripe Processing Fee;
  • 2.7.2.All Transactions made with a New Customer will be subject to a 20% Match-Making Fee.

2.8.If you are VAT registered, you will by law have to charge VAT on your Goods and/or Services. Where you are VAT registered you are required to tell us and the Platform will automatically add VAT to your Transactions. You will be responsible for all other taxes applicable to handling any requests from tax authorities.

3. FEES PAID BY CUSTOMERS

3.1.Customer payment processing services are provided by Stripe. Payment processing services for you and your Customers on the Platform are subject to the Stripe Services Agreement. You agree to provide us accurate and complete information about you and your business, and you authorise us to share the relevant information and transaction information related to your use of the payment processing services provided by Stripe.

3.2.All payments for Goods and/or Services booked on the Platform must be paid through Stripe. If you encourage any Customer to pay you directly, this will result in a permanent ban on you using our Platform. However, a Customer is allowed to tip you directly.

4. NO-SHOWS, CANCELLATIONS AND REFUNDS

4.1.If a Customer cancels an appointment for a Booking within 24 hours or fails to show up to an appointment for a Booking, you will still be paid the amount that is owed to you for the appointment. If the Customer is a New Customer, we will retain the 20% Match-Making Fee.

4.2.We impose the following charges for cancellations (we impose these charges via Stripe who will take the amount of the charge out of the fee that you receive):

  • 4.2.1.If you cancel an appointment 24 hours or more before the time of the Booking, there will be no charge applicable.
  • 4.2.2.If you cancel an appointment within 24 hours of the time of the Booking, you will receive a £25 cancellation charge
  • 4.2.3.If you cancel a booking within two hours or simply do not show up to a Booking, you will receive a charge of 100% value of the booking.

4.3.Where we are required to refund a Customer for Goods and/or Services, if Stripe has already paid you we shall require you to pay us an amount equal to the value of the refund and any reasonable expenses related to it.

4.4.All refunds to be made by Stripe will only be sent back to the original payment card used as set out in your Stripe Services Agreement.

5. REVIEWS AND RANKINGS

5.1.When a Customer searches for Goods and/or Services on our Platform, they are presented with a list of Partners that are the closest match to the search parameters the Customer has used, and the search results will be displayed in a particular order (a “Rank” or “Ranking”). The order of search results will be based on ratings and location and we may feature certain Partners, making them appear higher in the Ranking. The order in which search results appear will be entirely at our discretion.

5.2.Each time you provide a Customer with Goods and/or Services, they will be invited to provide feedback on your Goods and/or Services via a rating out of five stars (a “Rate” or “Rating”). Ratings may affect the Ranking of search results. Customers will have the ability to sort their search results by using certain filters visible on the Platform.

5.3.When a Customer is invited to Rate your Goods and/or Services, they will also be invited to leave a comment about your Goods and/or Services (“Customer Reviews”) on the Platform, which you can access at any time. We aren’t liable to you for any type of loss connected to a Customer Review and you understand that Customer Reviews may contain negative feedback about you and your Goods and/or Services.

5.4.We will read Customer Reviews before accepting them and we reserve the right to reject or remove any Customer Reviews at our discretion. If you believe that a Customer Review is inaccurate, or if you believe a Customer Review contains defamatory language about you and your Goods and/or Services or violates your or another party’s rights, you may report this to us by calling us at +44 (0) 207 123 8944 or sending an email to us at support@airparlour.com. We may investigate this and take any actions we believe to be appropriate to amend or remove the Customer Review.

6. YOUR OBLIGATIONS

6.1.You agree that:

  • 6.1.1.If you have premises that Customers can visit to receive Services (“In-Salon Services”), you must state the address at which you provide the Services clearly on your Profile and ensure that this address is kept up to date and correct at all times;
  • 6.1.2.You will ensure that you have all licences, authorisations, permissions, qualifications and insurances required to provide the Goods or perform the Services. We recommend that you have professional indemnity insurance and in the event a Customer will visit your premises to receive Services, we also recommend that you have public liability insurance in place;
  • 6.1.3.Not include any contact details, direct references or links to your own website, application or any other platform on the Platform;
  • 6.1.4.Ensure that all photographs, trademarks service details, pricing and any other information about your Goods and/or Services (“Partner Content”) is accurate, correct, ethical and not misleading on the Platform;
  • 6.1.5.Ensure that you have full copyright and permission to publicly display indefinitely for any purpose all Partner Content on your Profile;
  • 6.1.6.Ensure that no Partner Content on your Profile promotes violence or hate, contains nudity, or includes any content that is illegal, sexually explicit, or likely to be harassing, upsetting, alarming, or offensive;
  • 6.1.7.Obtain the Customer’s consent in advance if you plan to upload photographs of that Customer on the Platform; and
  • 6.1.8.Not encourage a New Customer to cancel their Transaction and make a new Transaction with you directly in order to avoid the Match-Making Fee.

6.2.Regarding the Goods and/or Services that you provide to the Customers, you agree to:

  • 6.2.1.Supply your Goods and/or Services to Customers to the highest industry standards relevant to you and promptly handle all enquiries and issues relating to your Goods, Services, Bookings and/or Transactions;
  • 6.2.2.Treat your Customers fairly, ethically and responsibly and only provide Goods and/or Services which will not to bring the AirParlour brand into disrepute through a lack of quality and care or any other negligence on your part; and
  • 6.2.3.Use best efforts to resolve all complaints with Customers as soon as possible and keep us promptly informed of your correspondence with the Customer and the status of the complaint on our request.

6.3.When using the Platform, all communications made by you must be compliant with the Data Protection Act 2018 and the UK’s implementation of the General Data Protection Regulation (the “UK GDPR”).

7. WARRANTIES

7.1.You represent and warrant that:

  • 7.1.1.All Partner Content displayed on the Platform is materially accurate, does not violate any third-party rights, and is not defamatory, illegal, offensive, threatening, pornographic, or below the general standards of decency;
  • 7.1.2.You will adhere to all applicable laws and regulations, both current and future while you are a Partner;
  • 7.1.3.You will comply with relevant advertising regulations in the marketing, sale, and provision of your Goods and/or Services, ensuring that any prices labelled as “discounted” are genuine discounts (i.e., they were previously higher and are only discounted for a limited time);
  • 7.1.4.Where applicable, you are duly registered with all relevant tax authorities;
  • 7.1.5.You hold all necessary licences, consents, authorities, qualifications and insurance for your business activities and personnel needed to comply with the law when providing the Goods and/or Services; and
  • 7.1.6.You independently as an individual ensure the accuracy and maintenance of any and all statutory requirements and information obligations required for the delivery of your Goods and/or Services.

8. PARTNER CONTENT

8.1.If we suspect or it has been alleged by any third-party that you have breached these requirements, we may, at our sole discretion, immediately ban you from the Platform and take any other action available to us under these Terms.

8.2.You agree to provide us with a license (or sublicense if applicable) to:

  • 8.2.1.Use, reproduce, distribute, sublicense, communicate, and make available Partner Content on the Platform or any other medium used by AirParlour for any of AirParlour’s business purposes;
  • 8.2.2.Modify or remove any Partner Content for any reason and at our sole discretion; and
  • 8.2.3.Utilise search engine optimisation services, pay-per-click advertising, and other services that use your trading name or any brands associated with your Goods and/or Services for search engine optimisation services, such licence to be granted on a non-exclusive basis for our use anywhere in the world, without any cost to us, and which you can’t withdraw while you remain a Partner.

9. OUR INTELLECTUAL PROPERTY

9.1.Without prejudice to any obligations you owe under these Terms, we retain all rights to the Platform and any other Intellectual Property that may arise during the course of our business relationship (including Customer Reviews), as well as all other intellectual property rights owned by or licensed to us at all times.

9.2.We reserve the right, at our sole discretion, to modify the format, content, and style of the Platform and its content (including Partner Content).

10. TERM, TERMINATION AND SUSPENSION

10.1.These Terms commence on the date you sign or accept these Partner terms.

10.2.Either Party may terminate these Terms at any time and for any reason by giving the other Party at least 5 days’ written notice. You can provide notice of termination by calling us at +44 (0) 207 123 8944 or emailing us at support@airparlour.com.

10.3.We may terminate these Terms immediately by providing written notice to you if you:

  • 10.3.1.Materially breach any part of these Terms that is incapable of remedy, or fail to remedy it within a reasonable period of time;
  • 10.3.2.Persistently breach any part of these Terms;
  • 10.3.3.Commit an act or series of acts that brings the AirParlour brand into disrepute;
  • 10.3.4.Commit an act that is illegal and/or contrary to any regulatory guidance or framework;
  • 10.3.5.Commit an act or series of acts that actually or potentially impair the physical or mental wellbeing of those under your care and supervision, including Customers and AirParlour employees. Such behaviour includes, but is not limited to, language and conduct that is inappropriate, abusive, offensive, or discriminatory;
  • 10.3.6.Infringe on our intellectual property or a third-party’s rights, or affect the security of our data;
  • 10.3.7.Have been inactive on the platform for 3 months or more; or
  • 10.3.8.Become subject to insolvency, bankruptcy, receivership, or other similar events.

10.4.We may immediately suspend, temporarily restrict or permanently ban your access to the Platform at any time and at our sole discretion if you have (or if we suspect that you have):

  • 10.4.1.Encouraged a Customer to cancel their Booking and make a new booking directly with you;
  • 10.4.2.Failed to provide your Goods and/or Services in accordance with your obligations under these Terms;
  • 10.4.3.Falsely advertised your Goods and/or Services;
  • 10.4.4.Repeatedly breached the Community Guidelines;
  • 10.4.5.Breached your data protection obligations under the UK GDPR;
  • 10.4.6.Interacted with Customers or our employees (in person or online) in a manner we believe to be inappropriate;
  • 10.4.7.Engaged in any unlawful or immoral conduct or any other conduct that brings AirParlour or our affiliates into public disrepute; or
  • 10.4.8.Uploaded Partner Content that is inaccurate or for which you failed to obtain relevant permissions, or if any of your Partner Content or any other related acts infringe or are alleged by any third-party to infringe on third-party intellectual property rights, or otherwise breach any of the warranties listed in these Terms.

10.5.The Platform may go under construction, go down from time to time or be inaccessible for whatever reason. While we will work towards resolving any technical issues, we are not liable for any losses you incur during the time you are unable to access the Platform.

10.6.Upon termination, your Profile will be removed from the Platform. You may download any of your Partner Content from the Platform in advance (excluding Customer Reviews). If you are unable to do this, please contact our support team at +44 (0) 207 123 8944 or support@airparlour.com, and where reasonably possible, they will arrange for this to be sent to you via email.

10.7.The current Privacy Policy and Cookie Policy as published on our website at [insert URL], along with the sections in these Terms on Warranties at clause 7, Liability and Indemnity at clause 11 and the confidentiality provisions as set out in Clause 12.1 will remain in effect for 12 months after the termination of these Terms.

11. LIABILITY AND INDEMNITY

11.1.You are fully responsible and liable to Customers to provide your Goods and/or Services.

11.2.You are solely responsible for any failure to meet a Customer’s expectations regarding your Goods and/or Services, except when the issue arises directly due to our negligence.

11.3.Each parties’ total liability under these Terms will not exceed the total remuneration paid or payable to the Partner to whom the claim relates in the 12-month period before the date on which the claim arose.

11.4.AirParlour will not be liable for any indirect or consequential loss or damage, including but not limited to, loss of income or profits, loss of contracts, loss of goodwill, loss of data or other intangible losses, any of which result from:

  • 11.4.1.your use of (or inability to use) the Platform;
  • 11.4.2.any third-party actions on the Platform; or
  • 11.4.3.any other matters relating to the Platform.

11.5.Nothing in these Terms excludes either party’s liability for fraud, death or personal injury caused by negligence or anything else which can’t be excluded by law.

11.6.You indemnify, defend and hold harmless us and our affiliates, officers, directors and employees against all losses, damages, costs and other liabilities (including indirect and consequential losses) we incur that arise from or are connected to:

  • 11.6.1.Your breach of these Terms;
  • 11.6.2.Any third-party claim relating to your Goods and/or Services including but not limited to intellectual property infringement; and
  • 11.6.3.Any acts or omissions made by you or a third-party acting on your behalf.

12. MISCELLANEOUS

12.1.Both parties agree to maintain the confidentiality of each other’s information and our business model, and protect it to the same extent as their own confidential information, and not disclose it to any third-party, except with the other party’s consent or where required by law or regulation.

12.2.Your username and password to the Platform must be kept confidential and secure, and must not be shared with any third-party. You agree to promptly notify us if you suspect any unauthorized disclosure or use of your log-in details.

12.3.We shall not be liable for any loss or damage arising from any unauthorised access to your account, hacking, cybercrime, or any other security breaches. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

12.4.We may perform an audit to verify your compliance with these Terms, which we will conduct at our own expense and after giving you reasonable notice (except in emergencies or where we reasonably suspect a breach of these Terms). You agree to cooperate with us, and if the audit reveals that you have breached your obligations under these Terms, you will reimburse us for all costs associated with the audit.

12.5.You agree to provide us with an email address, phone number or other reasonable mode of communication that we will use to communicate with you throughout the Term of this agreement.

12.6.If you have any concerns during your time as our Partner, please contact us via +44 (0) 207 123 8944 or support@airparlour.com. We will strive to resolve the matter promptly. We will investigate all complaints using our internal resources and, at our discretion, external resources. The resolution we offer will be final.

12.7.Any notice given under these Terms will be in writing and sent by email or pre-paid post to support@airparlour.com or 69a Lady Margaret Road, London, England, NW5 2NN. Notices will be deemed effective:

  • 12.7.1.24 hours after being sent by email; or
  • 12.7.2.48 hours after being sent by post.

12.8.These Terms don’t give rise to any rights or allow a third-party to enforce any of its terms.

12.9.We reserve the right to amend these Terms to reflect changes made by us. These Terms, along with our Community Guidelines are always available on the Platform, so please review them regularly. We may update these Terms periodically and will notify you of such changes via email to the email address that you have provided us with.

12.10.Nothing in these Terms is intended to create a partnership, joint venture or other similar type of legal relationship between the parties.

12.11.Neither party can assign, sub-contract or transfer rights and obligations under these Terms without the other party's written consent.

12.12.If any clause within these Terms is found to be void, illegal or unenforceable by a court of competent jurisdiction, the rest of the clauses within these Terms will remain in full force and effect. If only part of a clause is found to be void, illegal or unenforceable by a court of competent jurisdiction, the rest of that clause will remain in full force and effect.

12.13.These Terms, in combination with our Community Guidelines, our Privacy Policy and Cookie Policy override all previous versions of those documents and constitute the entire agreement between you and us while you are a Partner.

12.14.These Terms will be governed by and construed in accordance with English law and any disputes arising from these Terms will be settled by the exclusive jurisdiction of the courts of England and Wales.