Partner Terms & Conditions

Partner Terms & Conditions

Last updated: September 2017

SUMMARY

This is a summary of our Partner Terms of Business. It should not be a substitute for reading the full version below.

  • My Glam Squad provides a booking platform on which you can advertise the Partner Services which you offer through a mobile service or in your salon/spa to a much wider range of potential customers.
  • As part of the My Glam Squad Services (further detail in the full version below) Partners are able to use the My Glam Squad booking platform (which is free to list on) which includes a huge range of added features which will be of great benefit to your business. You can find details of the features of the booking platform here: www.myglamsquad.co.uk/howitworks
  • We are responsible for arranging and concluding Customer bookings and are appointed under these Terms of Business as your commercial agent to do so. For Pre-Payment Orders we will collect payments from Customers on your behalf and successful receipt of payment by us from our Customers will discharge their debt to you.

Please note that there is currently no Sign-Up Fee to join My Glam Squad. My Glam Squad takes 10% commission from each successful booking. ‘Successful booking’ refers to bookings where the customer attends the booking, does not cancel (within the cancellation period allowed), receives the treatment as described and does not have any complaints with the services received. Booking payments are transferred to you after the booking satisfaction time frame (48 hours). After this time, customers are expected to contact you directly to resolve any issues regarding their service.

  • You are responsible for the Partner Services which you provide to Customers in their home/place of work or your spa/ salon and the contract for those Partner Services is between you and the Customer. We are in no way liable to Customers for the Partner Services they receive from you.
  • You have a number of obligations to My Glam Squad in return for receiving the My Glam Squad Services. These are set out in detail in the full version but some important ones are as follows:
    • You agree to pay all applicable Charges (e.g. Commission)
    • You agree not to solicit Customers to make Orders otherwise than through the My Glam Squad Website. Any discovery of this practice through our anonymous customer feedback tools, will result in permanent termination of your Partner use of My Glam Squad.
    • You agree to process and supply the Partner Services to the highest industry standards.
    • You will accept all Orders from Customers within four working hours of receipt of an Order Confirmation.
    • You will not amend booking times or cancel orders with Customers due to receiving a booking elsewhere and not updating the site.
    • You must at all times provide the Partner Services on the Website at the same prices you offer on your own website. Any discovery of price alteration will result in termination of your Partner use of My Glam Squad.
    • You must ensure that you have all training, certification, licenses, consents, authorities & insurance that are required for you to perform the Partner Services. These must be available [including where appropriate copies sent to] on request of My Glam Squad Ltd or your customer.
  • Terms and conditions applicable to Orders made on our Website by Customers, in particular surrounding cancellations and refunds, will only apply to Customers if they are made clear of them prior to booking on your listing page. Please therefore make sure that your Page(s) on the Website very clearly sets out the key terms you need Customers to know about in advance e.g. rescheduling and cancellation. My Glam Squad allows Customers to cancel their booking online up to 24 hours before the scheduled time and receive a full refund. Any time after this, the booking payment is lost and it is at your discretion whether you reschedule the appointment (circumstance permitting).
  • Your cancellation and rescheduling terms must comply with our Booking Terms and Conditions and with clause 5.4 of the full version of the Partner Terms and Business. In particular, you must include the following terms:
    • Rescheduling / Cancelling Dated Bookings: Customers should be allowed to cancel a Dated Booking up until 24 hours before the time of the appointment. Customers should be allowed to reschedule a Dated Booking up until 24 hours before the time of the appointment (extension of such timeframe to be decided by you).
    • EVoucher Bookings: Customers may cancel eVoucher Bookings at any time prior to the expiry of the eVoucher.
    • Overnight Spa or Wellbeing Breaks:

– It is your choice whether you allow Customers to cancel or reschedule Overnight Spa Breaks or not.

– You may choose to apply the same terms as you apply to Dated Bookings i.e. cancellation or rescheduling permitted up to 24 hours prior to the time of the appointment (timeframe to be decided by you) or you may decide that cancellation and rescheduling is completely prohibited from the moment the Order is made.

– Whatever you decide, this must be made clear to the Customer at the time they place their Order or it may not be enforceable.

  • It is very important that all the Partner Content you upload to your Page(s) is accurate, not misleading and legally compliant. E.g. the photographs you upload must be your own or if not your own you must have the legal right to use them.
  • If you want to talk to us or need help with the wording on your account, please get in touch with our team and we’d be happy to help:

Email: help@myglamsquad.co.uk

(BELOW IS THE FULL VERSION)

Please read these Partner Terms of Business (as well as the Booking Terms and Conditions) carefully before you begin using the My Glam Squad Services as these will apply to your relationship with My Glam Squad. We recommend that you print a copy of these Partner Terms of Business for future reference. If you do not agree with these Partner Terms of Business, you must not use the My Glam Squad Services.

  1. DEFINITIONS
    • “Agreement” means this agreement which sets out the terms and conditions upon which My Glam Squad shall provide the My Glam Squad Services to the Partner and which comes into effect on the Effective Date;
    • “Booking Terms and Conditions” means My Glam Squad’s booking terms and conditions in relation to the third party products or services offered on the Website;
    • “Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
    • “Commission” means the commission, as set out in the Pricing Table, payable by the Partner to My Glam Squad (based on a percentage of the total value of an Order);
    • “Charges” means the Commission and the Fees;
    • “Customer” means any person who purchases or receives the Partner Services;
    • “Data Protection Legislation” means the DPA, the Privacy and Electronic Communications Regulations 2003 and all other applicable laws and regulations relating to the processing of personal data and privacy;
    • “Dated Booking” means an Order where at the time of making the Order the Customer books a time and/or date at which to receive those Partner Services (including where the “Pay at Venue” option is used);
    • “Distribution Channels” means any third party website or other media (including but not limited to the My Glam Squad mobile application) through which the My Glam Squad Services are from time to time provided;
    • “DPA” means the Data Protection Act 1998 (as amended from time to time);
    • “Effective Date” means the earlier of (a) the Partner beginning to receive the My Glam Squad Services or (b) if the Partner uses the online “Self-Sign Up” form, the date on which the Partner ticks the box to confirm its acceptance of this Agreement or, if the Partner enters into this Agreement pursuant to a meeting or other direct communication with My Glam Squad, the date on which the Partner is sent a confirmatory copy of this Agreement from My Glam Squad (which will usually be by email on the same day as that meeting or other direct communication);
    • “eVoucher Booking” means an Order where a Customer books a Partner Service with a specific Partner at a specific price but where, at the time of making the Order, the Customer does not book a time and/or date for receiving that Partner Service but will be sent an electronic voucher in respect of the same. eVoucher Bookings may be cancelled by Customers at any time prior to their expiry;
    • “Fees” means the fees as set out in the Pricing Table, payable by a Partner in order to receive the My Glam Squad Services; there is currently no sign up fee to join My Glam Squad (this may be subject to change).
    • “Fulfilled Order” means an Order in respect of which the Partner has successfully provided the Partner Services to the Customer and, in the case of eVoucher Bookings only, the Partner has also redeemed the eVoucher in My Glam Squad’s Platform either by:

– clicking “Redeem an eVoucher” following the provision of the Partner Services to the Customer and inserting the unique voucher code in respect of that eVoucher into; or

– by adding an appointment into My Glam Squad’s Platform prior to the provision of the Partner Services by clicking “Use an EVoucher”, inserting the unique voucher code in respect of that eVoucher and subsequently completing the provisions of the Partner Services to the Customer;

    • “Indemnified Third Party” has the meaning set out in clause 9.7;
    • “Intellectual Property Rights” means all intellectual property rights on a world-wide basis whether currently in existence or otherwise and whether vested or contingent including (without limitation) copyright (including foreign language translation rights), design rights, database rights, rights in any domain names, registered designs, patents, trademarks, trade names, signs and other designations provided the foregoing are of a proprietary nature and all similar rights whether registered or otherwise (including, without limitation, all extensions, reversions, revivals and renewals thereof). The above shall include, in relation to registerable rights, any applications made or rights to make applications in respect of any such rights;
    • “Material Breach” means a breach (including an anticipatory breach) which is not minimal or trivial in its consequences to My Glam Squad, including but not limited to a breach of clauses 5.1, 5.2, 5.3, 5.6, 5.7, 5.12, 5.13, 5.14, 8, 9.2 and/or 9.4. In deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding;
    • “Order” means any order by a Customer for any of the Partner Services, whether by e-Voucher Booking or by Dated Booking (and whether made via the Website or the Distribution Channels);
    • “Overnight Spa Break” means a Dated Booking for an overnight stay at a spa/hotel purchased or booked via the Website;
    • “Overnight Wellbeing Break” means a Dated Booking for an overnight stay at a location focusing on health, fitness, wellbeing or yoga, purchased or booked via the Website.
    • “Page(s)” means the internet page or pages and contents of the Partner’s designated section of the Website or Distribution Channels (including the Partner’s My Glam Squad “homepage” and each page for the Partner Services offered on the Website) along with any applicable page or pages and contents of the Partner’s own website(s) or other website(s) where the Widget is used;
    • “Partner Services” means the spa and/or beauty or other goods and services which the Partner is in the business of providing and supplying to Customers and which are marketed to Customers by the Partner through use of the My Glam Squad Services;
    • “Partner Content” means any information, documentation, equipment, software, photographs or other material (which may include the Partner name, logo and any other brand features and Intellectual Property Rights) which may be published on the Page(s) pursuant to this Agreement;
    • “Partner Terms and Conditions” means any Partner terms and conditions of sale and/or terms of business (including without limitation that Partner’s privacy policy, booking policy, delivery policy, health and safety policy, and returns/refund policy, as applicable);
    • “Photography Service” means the photography service that may be provided to Partners by My Glam Squad pursuant to the terms and conditions set out in clause 4 of this Agreement;
    • “Platform” means the “My Glam Squad Platform;” which is the website booking system licensed to the Partner under this Agreement as one of the My Glam Squad Services available on the website; including but not limited to real-time bookings, auto-confirm of bookings, employee selection, priority placement on site, and full reporting features;
    • “Pricing Table” means the table at www.myglamsquad.co.uk/business-info/plans-and-pricing/ which lists out each of the My Glam Squad Services and the respective Fees and/or Commission payable in respect of them from time to time;
    • “My Glam Squad” means My Glam Squad Ltd (t/a My Glam Squad), a company registered in England under company number 10137698 and whose registered office is at 2 Hillcroome Road, Sutton, Surrey, SM2 5EL.
    • “My Glam Squad Photographer” means an independent photographer whose services are contracted for by My Glam Squad and who may be instructed by My Glam Squad to provide the Photography Service to a Partner;
    • “My Glam Squad Services” means the benefits and services a Partner may receive from My Glam Squad, as set out in the Pricing Table, in return for paying the Charges to My Glam Squad;
    • “Website” means the website at www.myglamsquad.co.uk; and
    • “Widget” means a widget which may from time to time be offered as one of the My Glam Squad Services for the Partner to embed in their website, which allows Orders to be made.
  2. MY GLAM SQUAD SERVICES
    • In consideration of payment by the Partner of the Charges and the Partner performing all its other obligations herein and subject to this Agreement, My Glam Squad shall provide the applicable My Glam Squad Services to the Partner, which shall (unless otherwise agreed) include a personal, non-exclusive, non-transferable and fully revocable licence to use My Glam Squad’s Platform the terms of which are set out at Clause 3.
    • In respect of all Orders, My Glam Squad shall act and is hereby appointed as agent at law for the Partner to conclude the Order with a Customer and (where applicable) collect and process payments on behalf of the Partner and nothing herein shall prevent or limit the Partner from remaining fully responsible and liable for their provision and supply of Partner Services to Customers.
    • Where a Partner has elected to receive My Glam Squad Services which attract Fees, if it wishes to cease receiving one or more of the same, the Partner must give My Glam Squad at least 30 days’ notice in writing and will remain liable to pay any applicable Fees in relation to the notice period.
    • My Glam Squad may in its sole discretion, change the amount of any Fees and/or the rate of Commission at any time on 30 days’ notice to the Partner, either by specific notice or by updating the Pricing Table here: www.myglamsquad.co.uk/business-info/plans-and-pricing/ (“Pricing Change Notice”). If the Partner, as a result of a Pricing Change Notice wishes to change the My Glam Squad Services it receives, it must provide written notice to My Glam Squad to this effect within 14 days of the Pricing Change Notice in order to prevent the Pricing Change Notice coming into effect for that Partner. In all other circumstances, if the Partner wishes to make any changes to the My Glam Squad Services it receives, notice must be given to My Glam Squad in accordance with Clause 2.3.
  1. MY GLAM SQUAD PLATFORM SOFTWARE LICENCE
    1. The Partner may use My Glam Squad for the purpose of processing Orders of Partner Services for and on behalf of itself only. All Partners are eligible to use My Glam Squad’s Platform.
    2. The Partner’s use of My Glam Squad is at the Partner’s sole risk. The service is provided on an “as is” and “as available” basis.
    3. Technical support is provided by email primarily and is a benefit for the Partner, but is not a right of the Partner.
    4. The Partner understands and accepts that My Glam Squad uses third party vendors and hosting partners to provide the hardware, software, networking, storage, and related technology required to run the Platform. The Partner also acknowledges and agrees that My Glam Squad shall have administrator’s access to all parts of the Platform, including those parts that have been specifically tailored for the Partner.
    5. The Partner shall not reproduce, duplicate, copy, sell, resell or exploit the whole or any part of My Glam Squad, or allow any third party (including group companies of the Partner) to use or access My Glam Squad without express prior written permission from My Glam Squad (which may be denied or granted on such terms as My Glam Squad in its sole discretion may determine).
    6. My Glam Squad does not warrant:
      1. that My Glam Squad’s Platform will meet the Partner’s specific requirements;
      2. that My Glam Squad’s Platform will be uninterrupted, timely, secure, or error-free;
      3. that any information or results that may be obtained from the use of My Glam Squad’s Platform will be accurate or reliable;
      4. that the quality of any products, services, information, or other material purchased or obtained by the Partner through My Glam Squad’s Platform will meet the Partner’s requirements or expectations; or
      5. that any errors in My Glam Squad’s Platform will be corrected.
    7. The Partner expressly understands and agrees that as regards use of My Glam Squad’s Platform, subject to clause 13.2, My Glam Squad shall not be liable for any loss of income or profits, loss of contracts, loss of goodwill, loss of data, or other intangible losses or for any indirect or consequential loss or damage (even if My Glam Squad has been advised by the Partner of the possibly of such loss or damage) resulting from:
      1. the Partner’s use of, or inability to use, My Glam Squad’s Platform;
      2. unauthorised access to or alteration of the Partner’s transmissions or data;
      3. statements or conduct of any third party on My Glam Squad’s Platform; or
      4. any other matter relating to My Glam Squad’s Platform.
  2. PHOTOGRAPHY SERVICE

My Glam Squad may at its sole discretion offer the Photography Service to Partners under licence for an agreed fee. Where My Glam Squad provides the Photography Service to a Partner the following additional terms and conditions shall apply:

    1. No warranties or guarantees are made about the quality of the photographs taken by the My Glam Squad Photographer (the “Photos”) and/or their content or layout. It will be the responsibility of the Partner to ensure that all necessary persons (if any) to be photographed are present at the appointment with the My Glam Squad Photographer (the “Appointment”) and to agree with the My Glam Squad Photographer that the set up and content of the Photos are to the Partner’s satisfaction.
    2. The Partner may only use and publish the Photos on the following media: on the Website, the Distribution Channels (to the extent applicable) and on the Partner’s own website and social media pages. For the avoidance of doubt the Photos may not be used on any other online marketplace on which the Partner advertises the Partner Services. A limited amount of cropping is acceptable but no other editing of the Photos is permitted and Partners are strictly prohibited from removing any of My Glam Squad’s copyright notices from the Photos.
    3. The Partner hereby acknowledges and agrees that the Photos are used under an non-exclusive and non-assignable licence that will automatically cease if the Partner leaves the My Glam Squad platform. With the exception of the rights under that licence, the Partner will not have any Intellectual Property Rights in the Photos. All Intellectual Property Rights in the Photos will be owned by My Glam Squad. For the avoidance of doubt, My Glam Squad may utilise the Photos in any of its own advertising and marketing campaigns, on its website & social media channels and for any other purpose that it deems fit.
    4. The Partner may not print, distribute, use, publish, exploit, edit, crop, alter or otherwise deal with the Photos except in accordance with clause 4.2 of this Agreement or with the prior written consent of My Glam Squad, to be given at the sole discretion of My Glam Squad and which may be subject to further Fees.
  2. PARTNER OBLIGATIONS
    1. In consideration of receiving the My Glam Squad Services, the Partner agrees to pay all applicable Charges to My Glam Squad and to accept all Orders and process and supply the Partner Services to the highest industry standards and in line with any specific terms and conditions set out in this Agreement generally, and particularly in this Clause 5. A breach of this Clause 5.1 will be a Material Breach of this Agreement.
    2. The Partner must accept all Orders and may only decline to accept the same in exceptional circumstances, otherwise the Partner shall be considered to be in Material Breach of this Agreement and may forfeit any payments due to it in connection with this Agreement.
    3. Partners using My Glam Squad’s Platform will be responsible for confirming receipt of each Order using the confirmation link in the My Glam Squad order confirmation email sent to the Partner following receipt of an Order (the “Order Confirmation”) within four working hours of receipt. If a Partner has not responded to an Order Confirmation within four working hours of receipt, My Glam Squad will have the right to take such action in respect of that Order as it deems reasonable in its sole discretion. This may include cancellation of the Order by My Glam Squad in which case the Partner may be deemed to be in Material Breach of this Agreement. Please note: where a Partner uses My Glam Squad’s Pro Platform, Orders will be automatically confirmed as part of the Pro features and therefore this clause does not apply to Partners subscribing to Pro as all Orders will be confirmed at the point of booking.
    4. In respect of all Orders, the Partner is obliged to comply with the cancellation and rescheduling policy set out in clause 5 of the Booking Terms and Conditions. These can be viewed in full at www.myglamsquad.co.uk/info/booking-terms-and-conditions/. In summary:
      1. My Glam Squad will offer a full or partial refund (as applicable) in respect of eVoucher Bookings cancelled any time prior to their expiry unless the eVoucher has been used to book an appointment or stay or has been redeemed against another purchase. Please note that Customers are entitled to cancel eVoucher Bookings at any time up until expiry and the Partner will have no rights to that booking until it becomes a Dated Booking.
      2. My Glam Squad will offer a refund in respect of Dated Bookings (except for Overnight Spa and Overnight Wellbeing Breaks) which are cancelled (or unable to be rescheduled) provided the relevant appointment is not due to take place in either the next 72 hours, 48 hours or 24 hours, such timeframe to be selected by the Partner.
      3. In respect of Overnight Wellbeing or Spa Breaks, the Partner may choose to treat such Overnight Wellbeing or Spa Breaks in the same way as Dated Bookings or may determine that such Overnight Breaks are not capable of cancellation or rescheduling from the time the Order Confirmation is received.
    5. Rescheduling Dated Bookings.
      1. If a Customer wishes to change the date and/or time of a Dated Booking, provided the Customer contacts us to do so at least 24 hours, 48 hours or 72 hours prior to the time of the appointment (as selected by the Partner at the time of subscribing to the My Glam Squad Services), the Partner must endeavour to offer the Customer a suitable alternative booking time and/or date. In the event that a Partner is unable or unwilling to fulfil an Order pursuant to a Customer requesting such a change in accordance with this clause 5.5, My Glam Squad will treat the Order as cancelled by the Customer and will refund the Customer the full amount of the Order.
      2. If a Partner wishes to change the date and/or time of a Dated Booking, in the event that the Customer is unable or unwilling to agree to such change, My Glam Squad will treat the Order as cancelled by the Partner and will refund the Customer the full amount of the Order. However, if My Glam Squad deems it reasonable to do so in the circumstances, and at My Glam Squad’s sole discretion, My Glam Squad may still require the Partner to pay the applicable amount of Commission that would have been due from the Partner in respect of that Order.
    6. The Partner is responsible for ensuring that all Partner Content (especially details of and prices for the Partner Services and available timing slots) that it publishes or provides to My Glam Squad to publish on the Page(s) is accurate, correct and not misleading. The Partner should only upload photographs to its Page(s) which have been taken at the Partner’s own venue and should always ensure that it has the right to use any such photographs uploaded. Any breach of this clause 5.6 is a Material Breach of this Agreement. If the Partner does not have any photographs available to upload, My Glam Squad is happy to upload some suitable stock photographs from its own database so please just let us know.
    7. The Partner must at all times supply the Partner Services on the Website at a price which is accurate and conforms with the best available rate offered on the Partner’s own website. If a Customer provides proof of a better price available on the Partner’s own website for Services booked through the Website, My Glam Squad reserves the right to refund the Customer the difference and to adjust the amount paid to the Partner in connection with those Partner Services accordingly. For the avoidance of doubt, the Partner is permitted to offer lower prices or special offers to closed groups of individuals, both online and offline, e.g. to members of its own loyalty scheme, or directly in the Partner’s venue, and also on other alternative online sales platforms.
    8. The Partner is responsible for setting out on their Page(s) any Partner Terms and Conditions which will apply to Orders, provided that such Partner Terms and Conditions are compliant with the Booking Terms and Conditions and with clauses 5.4 and 5.5 of these Partner Terms of Business. It is particularly drawn to Partner’s attention that Customers, as a matter of law, will not be bound by any terms and conditions in respect of an Order if those terms and conditions were not brought to the attention of the Customer prior to their placing the Order. The Partner should bear this in mind when creating the Partner Content to include on their Page(s). It is preferred by My Glam Squad that additional terms and conditions are included directly within the relevant Page(s) but if this is not reasonably possible then the Partner may provide a link to a self contained webpage which sets out those terms and conditions clearly. Such self-contained webpages must 1) be no more than a single click away from the relevant Page(s) and 2) must not link directly or indirectly to any other website or web pages (including the Partner’s own website where other contact details can be found; including phone numbers, social media handles and email addresses).
    9. In respect of eVoucher Bookings, the Partner may set an expiry date and other reasonable terms and conditions for their use. However, these terms and conditions must be made clear to the Customer prior to purchase (pursuant to clause 5.8 above) and cannot be changed after the Customer has made the Order. The Partner will also be responsible for verifying the validity and unique usage of an e-Voucher.
    10. In respect of Dated Bookings, the Partner is solely responsible for ensuring that the information on My Glam Squad’s Platform regarding time and date availability is kept completely up to date so that potential Customers are able to view the accurate time and date availability at the time of making an Order.
    11. In respect of Orders made using the “Pay at Venue” option, the Commission shall be payable for all such orders except where a “no show” has been flagged by the Partner via email by midnight on the date the Order was booked for. For the avoidance of doubt, if a “no show” has not been flagged via email by midnight on the date the Order was booked for, the Order will be treated by My Glam Squad as fulfilled and My Glam Squad shall be entitled to receive Commission in respect of that Order.
    12. The Partner shall not solicit Customers to make Orders otherwise than through the Website, Distribution Channels or Widget (as applicable) or provide alternate contact details for future or repeat bookings.
    13. Where a Customer makes an Order and the Partner encourages that Customer to cancel their Order and make a separate booking directly with the Partner, the Partner shall be in Material Breach of this Agreement.
    14. If My Glam Squad has reasonable grounds to suspect that the Partner has made or makes any direct or indirect attempt to avoid paying any Charges, for example without limitation, by fraudulently flagging an Order fulfilled using the “Pay at Venue” option as a “no show”, this shall be a Material Breach of this Agreement and shall give My Glam Squad the right, without limiting other remedies available to it, to withhold and retain any payments due to the Partner under this Agreement.
  3. MY GLAM SQUAD GIFT VOUCHERS AND MY GLAM SQUAD GIFT CARD
    1. My Glam Squad issues My Glam Squad Gift Cards.
      Please note that Partners must       not accept the My Glam Squad Gift Card as payment for Orders. My Glam Squad Gift Cards can only be redeemed by Customers directly on the My Glam Squad Website.
  4. CUSTOMER SERVICE AND COMPLAINTS
    1. The Partner shall use best endeavours to provide top quality Partner Services to all Customers and shall promptly deal with any sales enquiries, matters or issues relating to Orders or potential Orders including dealing with Customer complaints.
    2. The Partner shall be directly responsible to the Customer for any failure to fulfil the Customer’s expectations or for any other legal liability which arises in respect of the Partner Services, save where such liability arises as a result of My Glam Squad’s negligence.
    3. My Glam Squad shall refer any Customer complaints it receives to the Partner and the Partner shall acknowledge all complaints, and shall respond to the relevant Customer within 48 hours of the Partner’s receipt of a complaint (whether the complaint has come directly from the Customer or via My Glam Squad).
    4. The Partner shall make all efforts to reach a resolution to any complaints within 14 days and must notify My Glam Squad of any correspondence between the Partner and the Customer relating to the complaint and generally keep My Glam Squad apprised of its progress and the status of the complaint.
    5. The Partner hereby acknowledges and accepts that the Website includes a reviewing platform, upon which Customers may post publicly viewable reviews about their experiences with My Glam Squad and with the Partner (particularly in relation to the Partner Services) (“User Generated Content”). The Partner should note that this platform may not be opted out from and may from time to time contain negative reviews and/or feedback from Customers, which is outside My Glam Squad’s control. There is an option for the Partner, if they are the subject of any User Generated Content, to reply to reviews about them. However, any content the Partner posts in response to User Generated Content must be polite and professional and non-threatening or confrontational, and it may be subject to review by My Glam Squad (and may be removed or amended in My Glam Squad’s sole discretion if My Glam Squad deems it reasonably necessary to do so). For the avoidance of doubt, the Partner shall have no right to any remedy (including without limitation, any right to terminate this Agreement) as a result of any User Generated Content naming or referring to the Partner. However, if the Partner, acting reasonably, feels that any User Generated Content is defamatory of the Partner or any person or in some other way is a violation of any person’s legal rights, the Partner may flag and report that User Generated Content to My Glam Squad. In such case, My Glam Squad shall review the same and in its sole discretion take any action it deems necessary or desirable (including, for example, removing or amending the relevant piece of User Generated Content).
  5. CUSTOMER DATA
    1. For the purposes of this clause, “data controller”, “data processor”, “personal data”, “process” and “processing” shall have the meanings given to them in the DPA.
    2. Subject to Clause 8.4, My Glam Squad and the Partner acknowledge that, for the purposes of the Data Protection Act 1998, My Glam Squad is the data controller and the Partner is the data processor of any Customer personal data.
    3. Subject to Clause 8.6, the Partner may not use Customer personal data collected through My Glam Squad’s Platform for any purpose other than fulfilment of the relevant Order.
    4. The Partner may collect Customer personal data separately and directly by itself (for example, where Customers have booked Partner Services otherwise than through use of the My Glam Squad Services and where the Partner has separately obtained permission directly from the Customer to use their data e.g. in a customer information form filled in at the venue), in which case, in respect of that data, the Partner shall be the data controller of that Customer personal data for the purpose of the DPA.
    5. When the Partner is processing Customer personal data as a data processor for My Glam Squad (e.g. personal data on My Glam Squad’s Platform) the Partner shall:
      1. process the personal data only in accordance with instructions from My Glam Squad (which may be specific instructions or instructions of a general nature);
      2. comply with all Data Protection Legislation;
      3. process the personal data only to the extent and in such manner as is necessary or as is required by law or by any regulatory body;
      4. promptly comply with any request from My Glam Squad requiring it to amend, transfer or delete the personal data;
      5. implement appropriate technical and organisational measures to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure;
      6. take all reasonable steps to ensure the reliability of its staff and agents who may have access to the personal data and ensure that such staff and agents (a) are informed of the confidential nature of the personal data; and (b) have undertaken training in the laws relating to handling personal data;
      7. not cause or permit the personal data to be published, disclosed or divulged, or transferred to a third party or to be transferred outside of the European Economic Area without the prior consent of My Glam Squad; and
      8. notify My Glam Squad within five (5) Business Days if it receives any complaint, notice or communication which relates directly or indirectly to the processing of the personal data or to either party’s compliance with the DPA and the data protection principles set out therein, and it shall provide My Glam Squad with full co-operation and assistance in relation to any such complaint, notice or communication.
    6. Any breach of this Clause 8 will be a Material Breach of this Agreement.
    7. This Clause shall survive the termination or expiry of this Agreement.
  6. PARTNER WARRANTIES AND INDEMNITY
    1. The Partner shall provide My Glam Squad with any Partner Content it reasonably requires to be provided with in order to supply the My Glam Squad Services.
    2. The Partner warrants that all Partner Content it supplies to My Glam Squad in connection with this Agreement and/or publishes (or provides to My Glam Squad for publication) on the Website (and the Distribution Channels, if applicable) will be accurate in all material respects and shall not infringe any other person’s rights (including Intellectual Property Rights) or be defamatory, unlawful, offensive, threatening, or pornographic or otherwise falling below general standards of taste and decency.
    3. The Partner hereby grants My Glam Squad the right:
      1. to use and publish the Partner Content in connection with the provision of My Glam Squad Services;
      2. to remove, edit, cut-down or otherwise amend Partner Content published on any Pages, including without limitation where such Partner Content does not, in My Glam Squad’s opinion comply with the warranties at Clause 9.2, or is otherwise in breach of the terms of this Agreement; and
      3. to make use of search engine optimisation services and other mechanisms that embody, incorporate or quote (in whole or part) the trading name of the Partner or any brands used in connection with the Partner Services.
    4. The Partner warrants, represents and undertakes that it shall comply with all applicable laws and advertising regulations in the marketing, sale and provision of the Partner Services and shall obtain all licences, consents, authorities and insurance it is either necessary or reasonably prudent for the Partner to obtain in respect of all its business activities and personnel (but especially in connection with the provision of Partner Services).
    5. Any breach of the warranties in clauses 9.2 or 9.4 will be a Material Breach of this Agreement.
    6. The Partner hereby agrees to indemnify, keep indemnified and hold harmless My Glam Squad and its officers, directors and employees, from and against any and all claims, demands, obligations, actual or alleged causes of action and lawsuits and all damages, liabilities, fines, judgments, costs (including settlement costs), expenses associated therewith (including the payment of reasonable legal charges and disbursements) and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis)) and all other reasonable professional costs and expenses arising out of or in connection with any breach by the Partner of any term of this Agreement or arising out of any action brought by any third party relating to the Partner Services provided (or not provided), or actions (or failure to act), of the Partner or any person (other than My Glam Squad) acting on its behalf, including, without limitation any action brought in connection with any Data Protection Legislation, Partner Content or a Customer visit to the Partner’s venue.
    7. The Partner acknowledges that My Glam Squad enters into this Agreement for its own benefit but also as an agent for the benefit and on behalf of each of its officers, directors and employees (each an “Indemnified Third Party” and, collectively, the “Indemnified Third Parties”’) and that the rights in respect of indemnification set out in Clause 9.6 shall be rights and benefits of each such Indemnified Third Party (as if, in each case, a party to this Agreement in its own right). Such rights shall be enforceable under this Agreement by My Glam Squad as agent for each such Indemnified Third Party. Notwithstanding the foregoing, the Partner and My Glam Squad may agree in writing to amend any provision of this Agreement without the consent of any of the Indemnified Third Parties, even if that amendment affects or will affect the rights conferred on any Indemnified Third Party hereunder.
    8. This Clause shall survive the termination or expiry of this Agreement.
  7. PAYMENT TERMS
    1. My Glam Squad will issue an invoice statement to the Partner on the 1st of each calendar month (the “Invoice Statement”) which will set out, in the account summary at the top of the Invoice Statement (the “Account Summary”) if there are any further advertising costs (e.g. boosted posts / featured / sponsorships).
    2. In respect of Pre-Payment Orders, the following terms and conditions shall apply:
      1. My Glam Squad receives Pre-Payments from Customers as the Partner’s commercial agent and the Customer’s debt to the Partner in respect of that Order shall be discharged when the Pre-Payment is received by My Glam Squad;
      2. unless otherwise agreed in writing between My Glam Squad and the Partner, any onward payment of amounts collected by My Glam Squad and due to the Partner will be strictly subject to the Partner having provided the Partner Services pursuant to an Order in accordance with this Agreement;
      3. For the avoidance of doubt, payment in respect of eVoucher Bookings will only be made by My Glam Squad if the Partner correctly inserts the unique voucher code in respect of that eVoucher into My Glam Squad’s platform.
    3. In any event, My Glam Squad reserves the right to deduct (a) any sums payable to My Glam Squad by the Partner; and (b) any refunds or chargebacks relating to Orders, from any balance collected by My Glam Squad on behalf of the Partner, prior to onward payment of any Balance to the Partner.
    4. All payments due from My Glam Squad to the Partner shall be made via bank transfer using the bank details provided by the Partner to My Glam Squad (and as set out in the Invoice Statement) and it is the Partner’s responsibility to ensure that these details are correct. My Glam Squad will only make payments due to the Partner directly to the Partner and cannot make payments to any third party.
    5. My Glam Squad reserves the right to charge interest on all amounts payable to My Glam Squad from the Partner which are not paid by the relevant due date at the annual rate of 4% above the official base rate from time to time of the Bank of England. Such interest will accrue on a daily basis from the date on which payment became overdue up to the date on which My Glam Squad receives the full outstanding amount together with all accrued interest.
  8. TERM OF AGREEMENT
    1. This Agreement commences on the Effective Date and will continue in effect unless terminated in writing on not less than 30 days’ written notice by either party.
    2. Either party shall be entitled to terminate this Agreement with immediate effect by written notice to the other if:
      1. the other party commits a Material Breach of any of the provisions of this Agreement (including but not limited to a breach of clauses 5.1, 5.2, 5.3, 5.6, 5.7, 5.12, 5.13, 5.14, 8, 9.2 and/or 9.4) and either that breach is not capable or, in the case of a breach capable of remedy, that party fails to remedy the same within 7 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied; or
      2. the other party is in persistent non-material breach (whether remediable or not) of any of the provisions of this Agreement;
      3. an encumbrancer takes possession or a receiver is appointed over any of the property or assets of that other party;
      4. that other party makes any voluntary arrangement with its creditors or becomes subject to an administration order;
      5. that other party goes into liquidation (except for the purposes of amalgamation or reconstruction and in such manner that the company resulting there from effectively agrees to be bound by or assume the obligations imposed on that other party under this Agreement);
      6. anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to that other party; or
      7. the other party ceases, or threatens to cease, to carry on business.
    3. Where a party terminates this Agreement pursuant to this clause 11, such party shall have no liability to the other in respect of such termination. Termination of this Agreement, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination.
  9. CONFIDENTIALITY
    1. Each party acknowledges that, whether by virtue of and in the course of this Agreement or otherwise, it may receive or otherwise become aware of information relating to the other party, their marketing plans, their clients, customers, businesses, business plans, finances, technology or affairs, which information is proprietary and confidential to the other party (“Confidential Information”).
    2. Each party undertakes to maintain and procure the maintenance of the confidentiality of Confidential Information at all times and to keep and procure the keeping of all Confidential Information secure and protected against theft, damage, loss or unauthorised access, and not at any time, whether during the term of this Agreement or at any time thereafter, without the prior written consent of the owner of the Confidential Information, directly or indirectly, use, disclose, exploit, copy or modify any Confidential Information, or authorise or permit any third party to do the same, other than for the sole purpose of the performance of its rights and obligations hereunder.
    3. The terms of and obligations imposed by this Clause 12 shall not apply to any Confidential Information which:
      1. at the time of receipt by the recipient is in the public domain;
      2. subsequently comes into the public domain through no fault of the recipient, its officers, employees or agents;
      3. is lawfully received by the recipient from a third party on an unrestricted basis; or
      4. is already known to the recipient before receipt hereunder.
    4. The recipient may disclose Confidential Information in confidence to a professional adviser of the recipient or if it is required to do so by law, regulation or order of a competent authority.
    5. This Clause shall survive the termination or expiry of this Agreement.
  10. LIABILITY
    1. Subject to Clause 13.2, My Glam Squad’s maximum aggregate liability under or in connection with this Agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the Charges due and payable to My Glam Squad hereunder on the date of the event giving rise to the relevant claim. Further, My Glam Squad shall not be liable for any loss of income or profits, loss of contracts, goodwill, use or data, or other intangible losses or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise (even if My Glam Squad has been advised by the Partner of the possibility of such loss or damage).
    2. Nothing in this Agreement shall exclude or in any way limit My Glam Squad’s liability for fraud or for death or personal injury caused by its negligence or for its wilful default or any other liability to the extent the same may not be excluded or limited as a matter of law.
    3. This Clause shall survive the termination or expiry of this Agreement.
  11. MISCELLANEOUS
    1. All rights to the Website and the content on it (save for Partner Content) (and all other Intellectual Property Rights belong to or licensed to My Glam Squad) remain vested in My Glam Squad at all times. Nothing in this Agreement shall give the Partner any rights in respect of any such Intellectual Property Rights or of the goodwill associated therewith. In order to streamline the Website and the content on it (including the Partner Content), My Glam Squad may, at its absolute discretion and from time to time, amend the format, content and style of venue page descriptions, photos and menus.
    2. In the event of a change of control or senior management of the Partner, the Partner must bring the existence and terms of this Agreement to the new owner or manager’s attention and inform My Glam Squad of the relevant new personnel’s contact details.
    3. Any notice, invoice or other communication which either party is required to serve on the other party shall be sufficiently served if sent to the other party at the address specified in this Agreement (or such other address as is notified to the other party in writing or by email). Notices sent by registered post or recorded delivery shall be deemed to be served three Business Days following the day of posting. In all other cases, notices are deemed to be served on the day when they are actually received.
    4. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities, so please review our terms regularly.
    5. The relationship of the parties is that of independent contractors dealing at arm’s length. Except as otherwise stated in this Agreement, nothing in this Agreement shall constitute the parties as partners, joint venturers or co-owners.
    6. Neither party may assign, transfer, charge, sub-contract or otherwise deal with any part or all of this Agreement without the prior written consent of the other party (not to be unreasonably withheld, conditioned or delayed).
    7. Subject only to the provisions of clause 9.6 an 9.7, a person who is not a party to this Agreement has no right to enforce any term of this Agreement.
    8. The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to this Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party’s right later to enforce or to exercise it.
    9. If any term of this Agreement is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from this Agreement and shall in no way affect the legality, validity or enforceability of the remaining terms.
    10. This Agreement contains all the terms agreed between the parties regarding its subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
    11. This Agreement shall be governed and interpreted in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the English courts to settle any dispute arising out of or in connection with this Agreement.

My Glam Squad Ltd, 2 Hillcroome Road, Sutton, Surrey, SM2 5EL.
Company number 10137698