WELCOME TO STYLE BRIGADE!
THESE ARE THE TERMS AND CONDITIONS ON WHICH WE SUPPLY TO YOU SERVICES AND DIGITAL CONTENT AVAILABLE ON OUR PLATFORM (AS DEFINED BELOW).
WE ALSO RECOMMEND THAT YOU PRINT A COPY FOR YOUR REFERENCE.
1.1 We are Style Brigade Limited, incorporated and registered in Hong Kong SAR. Our company registration number is 2467001 and our registered office is at 11 Village Road, 4/B Village Mansion, Happy Valley, Hong Kong (“Style Brigade”, “we” or “us”).
1.2 We are engaged in business of lead generation for beauty service providers and operate an online platform at www.stylebrigade.co (collectively with all subdomains, mobile sites and mobile applications, the “Platform”).
2.1 The Platform provides a marketplace where persons seeking beauty services (“Clients”) can connect with persons and/or entities providing such services (“Beauty Service Providers”). Clients and Beauty Service Providers are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Platform.
2.3 Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Beauty Service Provider and a Client shall constitute a separate agreement between such persons.
5.1 You acknowledge that from time to time we may, in our sole discretion, apply updates to the Platform, in whole or in part, and that such updates may result in changes in the appearance and/or the functionality of the Platform (including the addition, modification, or removal of functionality, features, or content).
6. FEES & CHARGES
6.1 Client Charges. As a Client, you agree to pay the amounts charged for your use of the Platform and Services (“Charges”). Charges include the fee for the beauty service requested by you and other applicable fees and taxes. You will be able to preview the Charges prior to submitting each payment. We have the authority and reserve the right to determine and modify pricing by posting applicable pricing terms on the relevant individual beauty service listings. You are responsible for reviewing the applicable pricing and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
6.2 Service Fee. We may assess a per-request “Service Fee” to support the Platform and related services provided to you by us. The amount of the Service Fee may vary but shall be retained by us in its entirety.
6.3 Cancellation Fee. After requesting a beauty service, you may cancel it through the Platform, but note that in certain cases a cancellation fee may apply. You will be charged in full if (i) you cancel the request within less than 24 hours of your appointment time or (ii) show up more than15 minutes late or fail to show up after requesting a beauty service.
6.4 Payment Processing. We accept various forms of payment, as set forth on the Platform from time to time. By incurring Charges on our Platform, you authorise us, or our designated payment processor, to charge the applicable Charges to your designated billing payment method and to retain information about the payment method associated with your account. Charges shall only be made through the Platform. With the exception of tips, cash payments are strictly prohibited.
6.5 No Refunds. ALL CHARGES ARE NON-REFUNDABLE.
6.6 Credit Card Authorization. Upon addition of a new payment method or each service request, we may seek authorization of your selected payment method to verify the payment method, ensure the service cost will be covered, and protect against unauthorized behaviour. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of other charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
6.7 Credits and Discounts. We may, in our sole discretion, make available to you credits or discounts that you can apply toward payment of certain Charges upon completion of a beauty service request. Such credits and discounts are only valid for use on the Platform, and are not transferable or redeemable for cash.
7. PAYMENT TO BEAUTY SERVICE PROVIDERS
7.1 As a Beauty Service Provider, you will receive a payment for your provision of Services as set out in the Service Provider Agreement that you have signed with us. No other payment terms shall apply.
8. ACCEPTABLE USE POLICY
8.1 You may use the Platform and Services only for lawful purposes. You may not use the Platform and Services:
i. In any way that breaches any applicable local, national or international law or regulations.
ii. In any way that is unlawful fraudulent, or has any unlawful or fraudulent purpose or effect.
iii. To stalk, threaten, or otherwise harass any person.
iv. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in Section 9 below.
v. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
vi. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.2 You also agree:
ii. Not to access without authority, interfere with, damage or disrupt:
· any part of the Platform;
· any equipment or network on which our Platform in hosted;
· any software used in the provision of the Platform; or
· any equipment or network or software owned or used by any third party.
iii. Not to allow unauthorized access to the Platform or use of Services, including keeping passwords and user name confidential and not permitting any third party to access or use your user name, password, or account for the Platform.
iv. To be solely responsible and liable for all activity conducted through your account.
v. To promptly notify us if you become aware of or reasonably suspect any security breach relating in any way to the Platform, including any loss, theft, or unauthorized disclosure or use of your user name, password, or account.
8.3 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Platform. When a breach of this policy has occurred, we may take such action as we deem appropriate, including, without limitation, terminating this Agreement.
9. CONTENT STANDARDS
9.1 These content standards apply to any and all material which you contribute to the Platform (“User Generated Content”), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any User Generated Content as well as to its whole.
9.2 User Generated Content must:
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in Hong Kong and in any country from which they are posted.
9.3 User Generated Content must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• [Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.]
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
9.4 We will determine, in our discretion, whether there has been a breach of these content standards on the Platform. When a breach of the content standards has occurred, we may take such action as we deem appropriate, including, without limitation, terminating this Agreement.
9.5 If you post, upload or otherwise make available any User Generated Content on the Platform, you grant us and our affiliates and related entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Generated Content, in any form, format, or medium, of any kind now known or later developed. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
9.6 You agree that we may remove at any time any User Generated Content you have uploaded to the Platform in our sole discretion with or without any reason.
10. TERM & TERMINATION
10.1 This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to us; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 8 or breach of Section 9 above.
10.2 In addition, we may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services under applicable law or our standards and policies; (2) you fall below our star rating or cancellation threshold; (3) we have the good faith belief that such action is necessary to protect the safety of the Platform User community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to our reasonable satisfaction prior to us permanently terminating this Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to our satisfaction, this Agreement will not be permanently terminated. Sections 11, 12, 14 and 15 shall survive any termination or expiration of this Agreement.
11. INTELLECTUAL PROPERTY
11.1 All intellectual property rights in the Platform are owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Platform are the property of their respective owners.
11.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.
11.3 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Feedback”) provided by you to us are non-confidential and shall become the sole property of Style Brigade. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
12.1 You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to our business, operations and properties, including User information (“Confidential Information”) disclosed to you by us for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Style Brigade in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Style Brigade with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Style Brigade or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Style Brigade; becomes known to you, without restriction, from a source other than Style Brigade without breach of this Agreement by you and otherwise not in violation of our rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to us to enable us to seek a protective order or otherwise prevent or restrict such disclosure.
13.1 The following disclaimers are made on behalf of Style Brigade, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
13.2 We do not provide beauty services. It is up to the Beauty Service Provider to decide whether or not to offer beauty services to a Client contacted through the Platform, and it is up to the Client to decide whether or not to accept beauty services from any Beauty Service Provider contacted through the Platform. We cannot ensure that a Beauty Service Provider or Client will complete an arranged beauty service. We have no control over the quality or safety of the beauty service that occurs as a result of the Services. We will not be liable for any cancellations by a Beauty Service Provider or by a Client.
13.3 The Platform is provided on an “as is” basis and without any warranty or condition, express, implied, statutory or otherwise. We do not guarantee and do not promise any specific results from use of the Platform and/or Services, including the ability to provide or receive Services at any given location or time. To the greatest extent permissible by the applicable law, we specifically disclaim all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality, and noninfringement.
13.4 We do not warrant that your use of the Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Platform will be corrected, or that the Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Platform or Services.
13.6 We are not responsible for the conduct, whether online or offline, of any User of the Platform or Services. You are solely responsible for your interactions with other Users. By using the Platform and participating in the Services, you agree to accept such risks and agree that we are not responsible for the acts or omissions of Users on the Platform or participating in the Services. If you believe a User acted inappropriately, including, without limitation, offensive, violent or sexually inappropriate behaviour, please report immediately such person to the appropriate authorities and to us.
13.7 We expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
13.8 It is possible for others to obtain information about you that you provide, publish or post to or through the Platform (including any profile information you provide), send to other Users, or share during the use of Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Platform or through the Services. Please carefully select the type of information that you post on the Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
13.10 We shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Platform.
14.1 You will defend, indemnify, and hold Style Brigade including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your provision of Services as a Beauty Service Provider; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. This indemnity shall survive any expiration or termination of this Agreement.
15. LIMITATION OF LIABILITY
15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STYLE BRIGADE, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “STYLE BRIGADE” FOR PURPOSES OF THIS SECTION), BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE PLATFORM OR SERVICES BY ANY USER OR ANY OTHER ASPECT OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL STYLE BRIGADE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM OR ANY USER’S ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
16.2 This Agreement and each of the incorporated documents are governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with the laws of the Hong Kong Special Administrative Region. The Parties irrevocably agree to the exclusive jurisdiction of the Hong Kong courts.
16.3 You agree that this Agreement and all incorporated documents may be assigned to a third party by Style Brigade, in our sole discretion by providing notice to you.
16.4 For purposes of service messages and notices about the Platform or Services, we may place a banner notice across the Platform to alert you of certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from us to an email address associated with your account, even if we have other contact information. For communication about your account and services associated with us, we may contact you through your User account or through other means including email, mobile number, telephone, or delivery services such as the postal service. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including your failure to receive critical information about the Platform or Services. Notices to us must be delivered by email to email@example.com with a duplicate copy sent via registered mail to the following address: 11 Village Road, 4/B Village Mansion, Happy Valley, Hong Kong Attention: DIRECTOR, STYLE BRIGADE. This contact information may be updated as part of any update to this Agreement.
16.5 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
16.6 A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.
16.7 This Agreement and the incorporated documents set forth the entire understanding and agreement between you and Style Brigade with respect to the subject matter hereof and thereof and supersede all previous understandings and agreements between the parties, whether oral or written.
Style Brigade Limited (‘the Company’) is committed to protecting and respecting your privacy.
We may collect and process the following data about you:
a. register to use our site,
b. subscribe to our service,
c. search for a product,
d. place an order on our site,
e. participate in discussion boards or other social media functions on our site,
f. complete a survey, and
g. when you report a problem with our site.
a. Strictly necessary cookies - enables us to operate our site.
b. Analytical performance cookies - allows us to monitor visits to our site and how visitors move around our site.
c. Functionality cookies – allows us to recognise you when you return to our site and personalise content for you.
d. Targeting cookies – records your visit to our site, pages and links which assists with advertising displays relevant to your interests. This information may be shared with third parties.
3. USES MADE OF THE INFORMATION
a. to ensure that content from our site is presented in the most effective manner for you and for your computer;
b. to carry out our obligations arising from any contracts entered into between you and us;
c. to provide you with the information, products and services that you request from us;
d. to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
e. to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you; or
f. allowing you to participate in the interactive features on our site;
g. complying with laws and regulations outside of Hong Kong SAR;
h. legal proceedings including collecting overdue amounts and seeking professional advices;
i. researching, designing and launching services or products including seminars, events, conferences and forums;
j. to notify you about changes to our service.
4. INFORMATION WE COLLECT ABOUT YOU
a. to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
b. to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
c. to allow you to participate in interactive features of our service, when you choose to do so;
d. as part of our efforts to keep our site safe and secure;
e. to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
f. to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
5. DISCLOSURE OF YOUR INFORMATION
a. business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
b. advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day).
c. We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in a certain region).
d. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
e. Analytics and search engine providers that assist us in the improvement and optimisation of our site.
f. Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
a. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
b. If the Company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
6. DATA SECURITY
7. YOUR CONSENT AND RIGHTS
a. To check whether we hold personal data about you and to access such data;
b. To require us to correct as soon as reasonably practicable any data relating to you which is inaccurate;
c. To ascertain our policies and practices in relation to personal data and the kind of personal data held by us; and
d. To object to the use of your personal data for marketing purposes and we shall not use your personal data for marketing purposes after you communicate your objection to us.
8. ACCESS TO INFORMATION
10. GOVERNING LAW
Last updated JULY,2017