Version 1.2, Revision 6
Please read these Terms of Service carefully before you start to use our Website or our Apps and before booking any third party goods or services through our Website or our Apps. We recommend that you print a copy of these for future reference. By using our Website or our Apps, you confirm that you accept these Terms and Policies and that you agree to comply with them regardless of whether you choose to register with us. If you do not agree to these Terms and Policies, you must not use our Website or our Apps in any way
By using our Website or our Apps, you confirm that you accept these Terms and Policies and that you agree to comply with them regardless of whether you choose to register with us. If you do not agree to these Terms and Policies, you must not use our Website or our Apps in any way.
1. Welcome to our website, www.getbarbr.com ("Website") and to the Barbr Customer mobile application and the Barbr (Barber management tool) mobile application (the “Apps”). The Website and our Apps are provided by Barbr Ltd (t/a Barbr), a company registered in the United Kingdom under company number 10867617 ("Barbr", "us", "we" or "our" for short). "You" and "your" means you as the user of our Website or our App.
2. The Website and our Apps have two main functions:
- aggregating of information and providing a centralised booking point for selected third party goods and services providers who wish to offer their goods and services for sale via our Website and our Apps ("Partners"); and
- provision of general information relating to health and wellbeing
3. We have set out the terms under which we are providing you with access to our Website and our Apps and any products or services we offer from our Website or our Apps. These include the terms and conditions that govern:
- how we will use and protect information about you (our "Privacy & Cookies Policy") and
- our booking terms and conditions in relation to the third party products or services we offer from the Website or our Customer mobile application (our "Booking Terms and Conditions"); and
- your obligations when uploading comments or other contributions and content to our Website or our Apps (our "User Generated Content Policy"), together or individually these may be referred to as our "Terms and Policies".
4. If you enter any prize competitions or other promotions on the Website or our Apps, separate terms and conditions may also apply in addition to our Terms and Policies. In the event of a conflict between any additional terms and conditions and our Terms and Policies, such additional terms shall prevail to the extent of the conflict.
5. We may change our Terms and Policies from time to time, in which case up to date versions of such Terms and Policies will be available via the Website and our Apps. You should check these Terms and Policies regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to the Terms and Policies after you have been notified of the changes on our Website or our Apps and/or if you continue to access or use the Website or our Apps, where the updated Terms and Policies will be available for you to view.
- Our User Generated Content Policy.
1. Use of the Website and our Apps
2. Accessing our Website and our Apps
- Access to our Website and our Apps is permitted on a temporary basis. We reserve the right to withdraw or amend our Website or our Apps (and any products or services offered on them) without notice. We will not be liable if for any reason our Website, our Apps or any part of it or them is unavailable at any time or for any period.
- We update our Website and our Apps from time to time and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend the Website or our Apps (or any part of them) at any time without notice.
- Materials and information posted on our Website or our Apps are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by all applicable laws.
- You are responsible for making all arrangements necessary to access and view this Website and our Apps and should ensure you have up to date anti-virus software on any device from which your access our Website or our App.
- We specifically reserve the right to withdraw access to our Website and/or our App and/or cancel any order in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account.
3. Password and Account Security
- You are responsible for the safety and security of your password and log in details. To help protect against unauthorised access to your account you are advised to store your username(s) and password(s) safely and securely. Please ensure that your password is not one you have used before, that it is eight characters or more and, ideally, not one that you use on other sites. We recommend that you refrain from disclosing your username(s) and password(s) to anyone. We also recommend that you sign out of your account at the end of each session. You may also wish to close your browser window when you have finished your session, especially if you share a computer with someone else or if you are using a computer in a public place.
- If you suspect that unauthorised access has been made to your account you must notify us immediately by contacting email@example.com. We will investigate any alleged unauthorised account activity. Notwithstanding any other terms pertaining to our right to disable or block access to your account, we reserve the right to disable or block your account at any time where it is suspected that unauthorised access has been made to your account.
4. Misuse of our Website or our App
- You must not misuse our Website or our Apps by:
- knowingly introducing viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so); and/or
- gaining or attempting to gain unauthorised access to the server on which our Website or our Apps are stored or any server, computer or database connected to our Website or our App; and/or
- attacking our Website or our Apps via a denial-of-service attack or a distributed denial-of service attack.
- Breach of this clause might constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and our Apps will cease immediately.
- If you are aged 18 years old or over, you may create an account and become a registered user of the Website and our Apps ("User").
- As a User you may have access to additional products or services and/or functionality, for example, the ability to create an account, save contact information, post user generated content (UGC) onto the Website or via our Apps, and receive information about promotions and special offers which are restricted to Users, if any.
- Any personal information that you provide to us in the course of becoming a User or after registration will be held and used in accordance with any consent obtained from you and the terms of our Privacy and Cookies Policy.
- We also have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of any of our Terms and Policies. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at firstname.lastname@example.org.
6. Posting UGC
- If and where the functionality of the Website or our Apps allows, Users or other visitors to the Website or our Apps that log into a social media account via any widget or interface available on or off the Website may post UGC to the Website or via our App.
- Any UGC posted will be attributed to the username you provide or the username of the social media account you log in with but we will not publish your email address on the Website or via our App.
- We reserve the right to refuse to publish any UGC (or remove without notice any previously published UGC) if it does not adhere to our User Generated Content Policy. We shall not be liable for any loss or damages whatsoever arising from such decision to refuse to publish (or to remove previously published) UGC.
- We also reserve the right to close the User accounts and/or ban particular users from being able to post UGC to the Website or via our Apps if they persistently and/or seriously breach the terms of the User Generated Content Policy.
- Views and opinions expressed in UGC submitted by Users or other members of the public are those of the individual submitting the UGC, not those of Barbr and we accept no responsibility for the content of such UGC.
- However, if you find any UGC on the Website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us by emailing us at email@example.com with the subject heading "Objectionable Content". On receipt of your complaint we may remove or block access to the UGC complained of.
7. Intellectual property
- You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgement to Barbr.
- Nothing in the above licence impairs or restricts any author's moral rights in respect of the Materials.
- We expressly reserve all intellectual property rights in and to the Website, our Apps and the Materials and your use of the Website, our Apps and the Materials is subject to the following restrictions. You must not:
- remove any copyright or other proprietary notices contained in the Materials; and/or
- use any Materials from the Website or our Apps in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; and/or
- use, or cause others to use, any automated system or software to extract content or data from this Website or via our Apps ("screen scraping"), except in cases where you or any applicable third party has entered into a written licence agreement directly with us that expressly permits such activity; and/or
- reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame (or use any other browser or border environment), communicate to the public or circulate to any third party or exploit this Website, our Apps and/or the Materials for any commercial purpose, without our prior written consent by way of a licence agreement.
8. Trade marks
- We expressly reserve all rights in and to the www.getbarbr.com domain name and all related domains, such as www.barbr.me, and sub-domains, the name "Barbr", our logo device, service marks, trading names and/or trade marks. Other trade marks, products and company names mentioned on the Website or via our Apps may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
9. Linking to our Website
- You may link to any page of the Website, for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take unfair advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
- You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Website
- Our Website must not be framed or be subjected to any other browser or border environment on any other site.
- If you would like to link to our Website for commercial purposes or any purpose not included above, or if you would like to become a Partner, please contact firstname.lastname@example.org
- We reserve the right to withdraw linking permission at any time and without notice.
10. Privacy, your personal data and cookies
11. Third party content and third party websites
- Our Website and our Apps may contain advertising submitted by third parties. Such third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations. We do not accept any responsibility for the content of any third party advertising.
- Our Website, our Apps and/or the Materials may contain links to third party websites (including those of our Partners). If you decide to visit any third party site, you do so at your own risk. We are not responsible or liable directly or indirectly for the content, accuracy or opinions expressed in such websites or the standard of goods or services available through or on such websites. Unless expressly stated otherwise, links do not imply that we are, or our Website or our Apps are, affiliated to or associated with such sites.
- Our communications with you may contain information sourced from third party websites. Material from a third party site will be marked as such and a link to the source website may be provided. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from our communications with you, or any use of personal data by such a third party.
- The inclusion of any link in our communications with you does not imply endorsement by us of the linked site. If you decide to access linked third party websites, you do so at your own risk.
- Please remember that when you use a link to go from our Website or our Apps to another website, our Terms and Policies (including our Privacy & Cookies Policy) will no longer be applicable. Your browsing and interaction on any other website, including websites which are linked to ours, is subject to that website’s own terms and policies. Please read those terms and policies before proceeding.
12. Our liability
- To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website or our Apps. In particular, we do not represent or warrant that the Website or our Apps will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions in this respect. In any event, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or our Apps
- We do not accept liability for any failure to maintain the Website or our Apps and/or late or failed delivery of any Materials.
- Please note that we only provide our Website and our Apps for domestic and private use, and you agree not to use our Website or our App for any commercial or business purposes unless we have approved you as a Partner.
- We do not accept any liability for the following types of loss, even if the loss is foreseeable: loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, loss of data or waste of management of office time.
- The Materials may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Materials.
- Through this website you are able to link to other websites which are not under the control of www.getbarbr.com. We have no control over the nature, content and availability of those sites and will not be responsible for them. The inclusion of links does not necessarily imply a recommendation or endorse the views expressed within them.
- In no event shall we be liable for direct, indirect, punitive, incidental, special, consequential or any damages whatsoever arising out of or in any way connected with the use of or performance of information, products, services or reliance on the contents of www.getbarbr.com.
14. Serviced countries
- This Website and our Apps are provided for users in the United Kingdom only. Whilst access may be possible from outside the United Kingdom, neither this Website nor our Apps are intended for such use and such users access the Website and our Apps at their own risk.
16. Legal compliance and applicable law
17. Contact Us
Terms of Service
This is a summary of our key Booking Terms and Conditions. It should not be a substitute for reading the full version below.
- The Services you can buy or book via Barbr are sold by our Barbers and not by us. We are only responsible for arranging and concluding your booking and we have been appointed by our Barbers to act as their commercial agent to do so.
- If you pay for Services from our Barbers through our Website, App or Widget, we may collect and receive your payment on behalf of the relevant Barber in our capacity as their commercial agent. In this event, our successful receipt of your payment will discharge your debt to the Barber for the Services
- The contract for the Services is directly between you and the relevant Barber. We are not liable for the Services you receive from our Barbers. However, please do let us know if you encounter a problem or if the Service you receive at a barbershop or a personal selected venue falls short of your expectations and we’ll do our best to help.
- Please check all details and any restrictions relating to a Service thoroughly before booking.
- Please ensure that any medical or other allergy/health information is disclosed to Barbers before your appointment or stay.
- Barbr reserves the right to deactivate a Customer’s Barbr account in the event of a breach of these Booking Terms and Conditions and/or where the Customer acts in a way that is inappropriate, abusive or otherwise unacceptable towards our Customer Care team or a Barber, either in communications via phone or email, or in person at the Customer’s call out location or at the Barber’s shop.
- If you want to reschedule or cancel a Dated Booking (and provided that rescheduling or cancellation (as applicable) is not prohibited by these Booking Terms and Conditions) this can be requested and completed by either:
- using your Barbr account via the Website or the App (if available);
- directly with the Barber; or
- emailing our Customer Care team at email@example.com
- You may cancel a Dated Booking free of charge, provided the barber has not enabled the cancellation fee function (as decided by the Barber and notified to you at the time of making your Order). In such cases we can offer you a full refund. If however the appointment is due to take place within 90 minutes, and the Barber has enabled the cancellation fee function (as selected by the Barber), you will not be entitled to a refund.
- If you want to talk to us, please get in touch with our team and we’d be happy to help:
Post: Barbr, 20-22 Wenlock Road, London, N1 7GU, UK
Please read these Booking Terms and Conditions carefully before you complete any transactions via the Website, App or Widget as these Booking Terms and Conditions will apply to your transaction. We recommend that you print a copy of these Booking Terms and Conditions for future reference. If you do not agree with these Booking Terms and Conditions, you must not use our Website, App or Widget to make a booking.
1. Defined Terms
- For ease of reference the following terms shall having the following meanings in these Booking Terms and Conditions:
- “App” means the Barbr Customer mobile application software available for download from iTunes and Google Play;
- “Customer", "you" and "your" means you, the buyer of any Services;
- “Dated Booking" means an appointment at a specific time/date with a particular Barber for the provision of Services whether made via the Website, App or Widget, and Widget Bookings;
- “Order” has the meaning given in section 3.1 below;
- “Order Confirmation” has the meaning given in section 3.4 below;
- "Barber(s)" means our selected third party providers of goods and services who offer their goods and services for sale via our Website, App or Widget;
- “Barber Contract” has the meaning given in section 2.3(b) below;
- "Services" means any products, goods and/or services of a Barber offered for purchase or booking via the Website, App or Widget;
- “Barbr Contract” has the meaning given in section 2.3(a) below;
- “Widget” means the web interface owned and provided by Barbr which the Barber may embed on its own website and/or social media channel(s), and through which Customers can make Widget Bookings; and
- “Widget Booking” means a Dated Booking booked and purchased online directly with the Barber via the Widget. NB. It does not include bookings made on the Widget using the “Cash” option which Barbr has no involvement in.
2. Introduction and relationship between you, us and third party Barbers
- This Website, App and Widget are operated by Barbr Ltd (t/a Barbr), a company registered in Ireland under company number 10867617 and whose registered office is at 20-22 Wenlock Road, London, N1 7GU, ("Barbr", "us", "we" or "our" for short).
- The Website, App and Widget allow you to book and pay for a broad range of men’s grooming services from a variety of providers (our Barbers). Those Services are provided by our various Barbers and not by us. The provision of the Services booked via our Website, App or Widget is the responsibility of the Barber which provides them. In the event you pay for Services via the Website, App or Widget, your payment will be received by us acting as commercial agent on behalf of the Barber. If we receive payment as a commercial agent on behalf of the relevant Barber, our receipt of the correct payment will discharge your debt to that Barber.
- The legal implications of this is that when you purchase Services, with the exception of Orders made using the “Cash” option on the Widget where no binding contract is formed, it will create two binding legal contracts:
- a contract between you and Barbr (under which Barbr has certain responsibilities to you in relation to the purchase or booking) (the “Barbr Contract”). That contract is made based on these Booking Terms and Conditions; and
- a contract between you and the relevant Barber in respect of the provision or supply of the Services which you book through the Website, App or Widget (the “Barber Contract”). That contract is subject to certain provisions of these Booking Terms and Conditions including the cancellation period selected by the Barber, which we will notify you of before you make a booking on the relevant Barber's page on the Website, App or Widget.
- All Services available for purchase on the Website, App or Widget are offered by Barbr on behalf of its Barbers. That is, Barbr takes and concludes your bookings as a commercial agent for its Barbers. Therefore, we are not responsible or liable to you for the actual Services that are booked through the Website, App or Widget.
- We amend these Booking Terms and Conditions from time to time as set out in clause 12. Every time you wish to make an Order on the Website, App or Widget, please check these Booking Terms and Conditions to ensure you understand the terms which will apply at that time.
3. Orders and how the contract is formed between you and us
- There is one type of order ("Order") you can make on the Website or via our App: (a) Orders for Services
- In respect of Orders for Services, you can make it via a dated booking.
- The Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each stage of the Order process and before finally submitting your Order
- We are appointed as the commercial agent of the Barber to conclude Dated Bookings on its behalf and the Barber Contract will be formed when we send you a written confirmation (usually by email) (“Order Confirmation"). Your Order Confirmation is your receipt from Barbr. If you require a VAT receipt you need to contact the Barber directly. See clause 10.2 for more information.
- For Dated Bookings, if you wish to reschedule your appointment details (time/date) (in whole or in part) after you have received an Order Confirmation, provided the barber has not enabled the cancellation fee function (as decided by the Barber and notified to you at the time of making your Order), then please either do so via the Website or App (if available), by following the link in your Order Confirmation, by contacting us at firstname.lastname@example.org or directly with the Barber, and we will endeavour to offer you a suitable alternative time and/or date. Importantly, if the Barber has enabled a cancellation fee function, ANY Order cancelled within 90 minutes of the appointment start time will incur a 15% charge of the total booking fee. Please note that our ability and the Barber’s ability to accommodate your request will be subject to the Barber’s availability during the time you wish to reschedule. If we are unable to accommodate your request to reschedule your appointment, the cancellation policy in clause 5 below will apply.
- If you wish to cancel an Order before you have received an Order Confirmation, please notify us immediately by emailing email@example.com. If you wish to cancel a Barber Contract (i.e. if you wish to cancel an Order after you have received an Order Confirmation), please refer to our cancellation policy in clause 5 below.
- Our Barbers are under a legal duty to provide Services that are in conformity with the relevant Barber Contract.
- All Services shown on the Website, App or Widget are subject to availability and the images and/or descriptions of the Services on the Website, App or Widget are for illustrative purposes only and actual Services may vary from those images and/or descriptions. We require our Barbers to ensure that all information provided by them for display on their page of the Website, App or Widget is accurate, complete and not misleading in any way but we cannot verify the information which they provide to us. It will be each Barber's responsibility to ensure that all of its Services listed on the Website, App or Widget are available and accurately described.
- If you are a consumer, you have legal rights in relation to services that are not performed with reasonable care and skill or are otherwise not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Booking Terms and Conditions will affect these legal rights.
- It is your (or the person receiving the Services) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Barber that might affect or be affected by any Services (for example without limitation, allergy information and health issues). Subject to clause 11.3, if you (or the relevant recipient of the Services) fail to disclose any such information to the applicable Barber, neither Barbr nor the relevant Barber shall be liable to you (or the recipient of the Services) for any injury, loss or damages resulting from the Services that could reasonably have been avoided if you (or the recipient of the Services) had disclosed that information prior to receiving the Services.
- In addition to your other legal rights, you may in certain circumstances have the right to cancel a Barber Contract and/or Barbr Contract (as applicable) and receive a refund or a credit note in accordance with the terms set out in this clause 5.
- If you change your mind about an Order for a Dated Booking or a Widget Booking and wish to cancel it, the following cancellation terms apply:
- Dated Bookings (including Widget Bookings)
- You may cancel a Dated Booking free of charge, provided the barber has not enabled the cancellation fee function (as decided by the Barber and notified to you at the time of making your Order). In such cases we can offer you a full refund. If however the appointment is due to take place within 90 minutes, and the Barber has enabled the cancellation fee function (as selected by the Barber), you will not be entitled to a refund.
- Cancellations of Dated Bookings must be made by one of the following methods: 1. using your Barbr account via the Website or by using the App (if available); 2. directly with the Barber; or 3. emailing our Customer Care team on firstname.lastname@example.org.
- PLEASE NOTE THAT NO REFUND WILL BE GIVEN IF A BARBER HAS ENABLE THE CANCELLATION FEE FUNCTION AND A CANCELLATION IS ATTEMPTED WITHIN 90 MINUTES (AS DETERMINED BY THE RELEVANT BARBER) FROM THE TIME OF THE SCHEDULED APPOINTMENT.
- Resolving Issues We care about your experience and want to ensure we maintain the highest standards possible and so if you would like to make a complaint about one of our Barbers or their Services, please either:
- speak to the Barber yourself to try and resolve the issue;
- leave an honest review on the Website or via the App to reflect your experience; and/or
- email us at email@example.com, write to us at Barbr, 20-22 Wenlock Road, London, N1 7GU and we’ll do our best to help.
- Following receipt of a complaint we will contact the Barber to try and resolve the issue on your behalf. If we are unable to resolve the issue following contact with the Barber, if we consider it to be fair in all the circumstances, we may at our sole discretion elect to:
- give you a credit note for the disputed/complained about amount of your Order (to be redeemed on the Website or the App to reduce the purchase price of any Services); or
- as a last resort or in extreme circumstances and always at our sole discretion refund the disputed/complained about amount directly to you via the original method of payment. Please note that it might take up to 30 days to receive a full refund in such cases
- IMPORTANT NOTE: PLEASE DO BEAR IN MIND THAT WHILE WE TAKE ALL COMPLAINTS ABOUT OUR BARBERS VERY SERIOUSLY AND WILL ALWAYS DO WHAT WE CAN TO HELP TO RESOLVE THEM, WE ARE NOT RESPONSIBLE TO YOU FOR THE SERVICE(S) WHICH THE BARBERS PROVIDE AND ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH A REFUND OR CREDIT NOTE IN THE EVENT YOU ARE DISSATISFIED WITH SERVICES WHICH YOU HAVE RECEIVED FROM OUR BARBERS
- In the event you have a negative experience with Barbr or one of our Barbers, you may be entitled to a credit note to spend on the Website and/or App equivalent to the full value of your Order (the "Barbr Guarantee"). Please note that the following limitations apply to your ability to benefit from the Barbr Guarantee and Barbr’s decision to apply the Barbr Guarantee remains at the sole discretion of Barbr. Please note that Barbr is currently running a trial of the Barbr Guarantee and it may be revoked at any time at Barbr’s sole discretion:
- you will only be eligible for a refund if it is claimed within two weeks of your appointment;
- you can only claim a credit note refund pursuant to the Barbr Guarantee a maximum of three times in each calendar year;
- you will only be eligible if you attended your appointment;
- credit notes will only be issued up to a maximum value of £150 per claim;
- no cash alternative is available, the Barbr Guarantee is strictly limited to a credit note to be redeemed against a purchase on the Website/and or App; and
- credit notes issued pursuant to the Barbr Guarantee will expire 6 months from the date of issue.
7. 8. Price and Payment
- Prices and any applicable delivery and/or processing charges will be as quoted on the Website, App or Widget but may be subject to change by Barbr or Barbers at any time (in which case the Website, App or Widget will be updated accordingly) and it is possible that, despite our best efforts, some of the pricing and other information shown for certain Services is incorrect. If the Service’s correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If your Order has been accepted and you have been sent an Order Confirmation before the pricing error was realized, if the pricing error is obvious and could reasonably have been recognized by you as a pricing error, we will provide you with the option of reconfirming your Order at the correct price, failing which the Order will be cancelled. Where an Order is cancelled we will refund you any sums you have paid.
- The Barber has full responsibility for accounting for VAT on the total value of the Order, where applicable. Barbr does not charge you VAT on Orders as the Services are provided by the Barber, not by Barbr. As a result, Barbr cannot provide you with a VAT invoice in respect of your Order. You will need to contact the Barber direct to obtain a VAT invoice, where applicable
- Payments made through the Payment Facility are processed by third party payment services providers. Barbr takes reasonable care to ensure that the Payment Facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such Payment Facility, nor can we guarantee that the facility is virus or error free. We use third party payment service providers to process payments and because there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will do what we can to restore the facility as soon as reasonably possible.
- If you pay for Services via the Payment Facility, Barbr will collect the payment in its capacity as the commercial agent of the relevant Barber. Once Barbr has successfully received your payment for the Services, this will discharge your debt to the Barber on whose behalf Barbr has collected the payment.
- For certain Dated Bookings, there may be an option for you to make a "Cash" booking. This means that you can make the Order but then pay for it directly to the Barber at the time of the appointment (i.e. not pay for the Order in advance through the Payment Facility). Please note, this option is not available in all circumstances. This option will only appear if the Order and the Barber are both eligible for “Cash”. Please also note that on the Website and App, you are only permitted to have up to three Pay at Venue bookings at any one time.
- Please note that when you make a "Cash" Order on the Website or App, you are still entering into a binding legal contract in respect of the Order and once your Order Confirmation is sent and the Barber Contract has been formed, you must pay the Barber in full when you (or the recipient of the Services) attend the appointment. If you fail to show up to an appointment and the Barber has enabled the cancellation fee function, you will still be liable to the Barber for a 20% charge of the full amount due under the Barber Contract, unless cancelled in accordance with clause 5. In all cases the Barber Contract will be subject to these Booking Terms and Conditions including the cancellation period selected by the Barber
- In the case of “Pay at Venue” Orders on the Widget, you are not entering into a binding legal contract in respect of the Order and therefore you and the Barber are able to cancel up until the time the appointment takes place. No Barbr Contract or Barber Contract is formed.
- Where we have been negligent and/or breached a contractual obligation to you, we will be liable for any loss or damage you suffer as a result, provided that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our ne
- gligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time we entered into the Barbr Contract.
- We do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; or waste of management or office time.
- We do not exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under Irish law.
10. Our right to vary these Booking Terms and Conditions
- We may revise these Booking Terms and Conditions from time to time in the following circumstances:
- if we change the process for accepting payment from you;
- if there are changes in relevant laws and regulatory requirements; and/or
- if there are any other changes to our business that reasonably mean we need to amend these Booking Terms and Conditions.
- Every time you order Services via the Website, our App or via the Widget, the Booking Terms and Conditions in force at that time (and available for view on the Website, App and Widget and accepted by you at check-out) will apply to the Barbr Contract between you and us and the Barber Contract between you and the Barber. You can find the date on which these Booking Terms and Conditions were last updated at the top of this page.
- All communications and notices from you must be sent to Barbr by email at firstname.lastname@example.org or by post to Barbr, 20-22 Wenlock Road, London, N1 7GU, UK. Barbr may communicate and give notice to you via post, email or by posting notices on the Website, App or Widget.
- Please note our customer support hours are: 8am-8pm Monday to Friday, 9am-6pm on Saturdays and 10am-6pm on Sundays and Bank Holidays (closed Christmas Day and New Years’ Day).
- Barbr reserves the right to deactivate a Customer’s Barbr account in the event of a breach of these Booking Terms and Conditions and/or where the Customer acts in a way that is inappropriate, abusive or otherwise unacceptable towards our Customer Care team or employees of a Barber, either in communications via phone or email, or in person at the Barber’s venue.
- If any of these Booking Terms and Conditions are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- These Booking Terms and Conditions will be governed by and construed in accordance with the laws of Ireland. You and we each agree that the Irish courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of Services via the Website, App or Widget.
User Generated Content Policy
1. Your UGC
- All content submitted to our Website or via our Apps by you (or on your behalf) via your User account (or other social media account, if applicable), including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, and all other information and material shall be called your "UGC" for short
- You agree to submit UGC to the Website and via our Apps in accordance with the following rules (in particular, the Legal Standards and the Community Guidelines, as those terms are defined below). Please use caution and common sense when submitting UGC to the Website or via our App.
- Publication of your UGC will be at our sole discretion and we are entitled to make additions or deletions to your UGC prior to publication, after publication or to refuse publication.
- Please note, any UGC you submit to our Website or via our Apps will be considered non-confidential and non-proprietary.
2. Rights, permissions & waivers
- You hereby grant to Barbr Limited (t/a Barbr) and affiliates a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use, reproduce and publish your UGC (including, without limitation, the right to adapt, alter, amend or change your UGC) in any media or format (whether known now or invented in the future) throughout the world without restriction.
- You warrant, represent and undertake to us that all UGC you submit is your own work or that you have obtained all necessary rights and permissions of the relevant owner of the work and that you have all relevant rights in your UGC to enable you to grant the rights and permissions in this clause 2
- that all featured or identified individuals that are over the age of 18 and have expressly consented to their appearance in the UGC and to you submitting the UGC to our Website or via our Apps, and
- where featured or identified individuals are under the age of 18, that you either: are the parent or legal guardian or such featured or identified individuals, or have obtained the express consent from a parent or legal guardian of such featured or identified individuals to their appearance in the UGC and to you submitting the UGC to our Website or via our Apps.
- Where your UGC contains images of people or names or identifies individuals, you warrant, represent and undertake to us as follows:
- You hereby unconditionally and irrevocably waive and agree not to assert (or procure the same from any third party where applicable) any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with your UGC, to the maximum extent permissible by law.
3. Content standards – legal standards
- You warrant, represent and undertake to us that your UGC (including its use, publication and/or exploitation by us) shall not:
- infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity; and/or
- contain any material which is defamatory of any person; and/or
- contain misleading or deceptive statements or omissions or misrepresentation as to your identity (for example, by impersonating another person) or your affiliation with any person or entity; and/or
- breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence; and/or
- advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and/or
- contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material; and/or
- violate any other applicable law, statute, ordinance, rule or regulation, (together, or individually the "Legal Standards").
- If your UGC contains any material that is not owned by or licensed to you and/or which is subject to third party rights, you are responsible for obtaining, prior to submission of your UGC, all releases, consents and/or licenses necessary to permit use and exploitation of your UGC by us without additional compensation. Please see clause 2 above for further details.
4. Content standards – community guidelines
- You warrant, represent and undertake to us that your UGC: is accurate, where it states facts; and/or s genuinely held, where it states opinions (for example, in product or services reviews).
- You further warrant, represent and undertake to us that your UGC (including its use, publication and/or exploitation by us) shall not contain any material which:
- is obscene, hateful, inflammatory, offensive or in any other way falls below commonly accepted standards of taste and decency in the UK; and/or
- s reasonably likely to harass, upset, embarrass or alarm a person (including, by way of example only, so called "trolling" or cyber-bullying); and/or
- s threatening, abusive or invades another's privacy, or causes annoyance, inconvenience or anxiety; and/or
- is sexually explicit; and/or advocates, promotes, assist
- advocates, promotes or assists any illegal activity or unlawful act or omission; and/or
- could be deemed to be unsolicited or unauthorised advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise); and/or
- gives the impression that it emanates from Barbr or is endorsed or connected with us, if this is not the case, (together, or individually the "Community Guidelines").
5. Consequences of breach
- We will determine, in our discretion, whether you have failed to comply with this UGC Policy when submitting UGC to our Website or via our Apps. If you have failed to comply, we reserve the right in our sole discretion to suspend you from using the Website and/or our Apps without notice to you and/or to edit or remove (in whole or part) any of your UGC from our Website and our Apps on a temporary or permanent basis.
- Notwithstanding clause 5.1 above, if you or your UGC does not comply with this UGC Policy, and as a result of this, we suffer any loss or damage, you will be liable to us and hereby agree to indemnify us for any such loss or damage. This means that you will be responsible for any loss or damage we suffer as a result of your failure to comply with this UGC Policy, including but not limited to our Legal Standards and/or Community Guidelines.
- We also reserve the right
- to pass on any UGC that gives us concern to the relevant authorities; and
- to disclose your identity to any third party (or their professional advisor) who claims that any of your UGC constitutes a violation of their intellectual property rights, or of their right to privacy.
6. Changes to this UGC Policy
- We may change this UGC Policy from time to time, in which case an up to date version will be available via the Website and our Apps. You should check this UGC Policy regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to this UGC Policy after you have been notified of the changes on our Website or our Apps and/ or if you continue to access or use the Website or our Apps, where the updated UGC Policy will be available for you to view.