Platform Terms of Use

Introduction

The following Terms of Use (this "Agreement" or "Terms") govern and regulate your access to and use of www.chicchicapp.com and all affiliated websites owned and operated by ChicChic (as defined in the subsequent paragraph), including all subdomains, subdirectories, mobile sites, and mobile applications thereof (collectively, the "ChicChic Platform" or "Platform"). This Agreement is made between ChicChic and you, whether you are an End User or an Artist.

In this Agreement, "we" and "ChicChic" means CHICCHICAPP LIMITED with its registered office: 1-3 WORSHIP STREET, 2ND FLOOR, C/O BUCKWORTHS, LONDON, EC2A 2AB, UNITED KINGDOM.

End Users' and Artists' use of the ChicChic Platform is governed by these ChicChic Platform Terms. If you are an Artist using our Platform to deliver services and products (in this agreement, the "Artist" or "Partner"), your use of the ChicChic Platform is also governed by the ChicChic Artist Terms of Use. To use the ChicChic Platform, you must agree to these Terms of Use.

They contain many legal disclosures that you should read carefully, including terms that specify permissible uses of the ChicChic Platform. By accessing the ChicChic Platform, you agree that you are authorised to accept the terms set forth below on behalf of yourself and agree to these Terms of Use, our Privacy Policy, and any additional policies publicly available on the ChicChic Platform.

If you do not agree to be subject to these Terms of Use, your sole recourse is not to use the ChicChic Platform. By registering and continuing to use the ChicChic Platform, you agree to be bound by this Agreement.

1. Definitions

1. "Artist" or "Partner" means a service provider using the ChicChic Platform, and whose business is listed on the ChicChic website and/or mobile apps.
2. "Consumer", "Customer", "User" or "End User" means an end user of the ChicChic Platform other than Artists, i.e., consumers whose intention is to discover Artists, book, purchase and/or receive the Artist Services via the ChicChic Platform.
3. "Content": information you post, upload, display, share, transmit to other users or otherwise make available on the Platform, included but not limited to designs, text, information, images, photos, graphics, audio, videos, location data, and all other forms of data or communication, suggestions, ratings, reviews, comments, ideas, improvements, feedback or materials provided to us in connection with or related to the Platform, any related technology, and/or Services, etc.
4. "Services": services that can be ordered, reserved, and purchased from the artists, including but not limited to consultations, appointments, and other Partner products.

2. Description of the ChicChic Platform

ChicChic provides a Platform using which Artists can advertise, market, sell, promote, and offer their services and/or products for order, booking/reservation, and purchase. The Agreement applies to all services and/or products made available on the Platform whether directly or indirectly (through Artists). The ChicChic Platform also provides notifications, alerts, and other confirmations.

By creating a user profile, accessing, browsing, posting, and in any way using our Platform, you acknowledge and agree to have read, understood, and agreed to these Terms, including having read our Privacy Policy and to be at least thirteen (13) years old.

If you do not accept and agree to be bound by this Agreement, please do not use our Platform.

We may change the Terms of Use and our Platform from time to time, e.g., to reflect regulatory changes, new features, or changes in ChicChic's or our Artists' business practices. The Platform may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. We may also remove features or suspend the Platform entirely. You will not be notified hereof unless such changes are material.

3. ChicChic Platform's Role

ChicChic and the Artists on our Platform have neither any partnership, joint venture, employment, agency, franchise, nor are we an intermediary between you and the Artists on our Platform. Further, ChicChic does not (re)sell, offer any Services or act as a representative in any other way.

When you make your reservation or purchase a Service, you enter a direct (legally binding) contractual relationship with the applicable Artist. ChicChic simply facilitates the Platform access, e.g., by transmitting the relevant details of your reservation or purchase to the relevant Artist(s) and by sending you a confirmation email and/or notification for and on behalf of the Artist.

Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or rating of any Artist or Services made available, except as explicitly indicated or set out otherwise.

Although, we will use reasonable skills and care in providing the Platform, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held liable for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information.

The Platform may contain paid content, promotions, advertisement by third parties and links to third party domains. ChicChic are not liable for the safety, accessibility or availability of such external domains or resources.

4. Availability of the ChicChic Platform

You acknowledge that there may be interruptions in the delivery of the ChicChic Platform that are beyond our control. While we use reasonable efforts to keep the ChicChic Platform accessible, the ChicChic Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to the ChicChic Platform may be interrupted, suspended, or terminated.

ChicChic retains the right at our sole discretion to deny access to the ChicChic Platform to any End User or Artist, at any time and for any reason. ChicChic is not required to disclose the reason for denial of access to the ChicChic Platform to any party.

5. Operation of the ChicChic Platform

We reserve complete and sole discretion with respect to the operation of the ChicChic Platform. We may, among other things:

1. Delete email/s or other service/product related messages if it has not been accessed by an End User within the time established by our policies;
2. Make available to third parties information relating to the ChicChic Platform and End Users (subject to the limitations defined in our Privacy Policy);
3. Withdraw, suspend, or discontinue any functionality or feature of the ChicChic Platform; and
4. Review uploaded files, forums, questions & answers, chats, user submissions and authorise restrictions on access thereto.

6. Ownership

Your access to the ChicChic Platform is not available for sale to any third parties. The content and information available on the ChicChic Platform, as well as the infrastructure used by the ChicChic Platform, and all materials therein or transferred thereby and all intellectual property rights related thereto, are the exclusive property of ChicChic. Except, as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such intellectual property rights and you agree not to modify, adapt, edit, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software, products, or services obtained from or through the ChicChic Platform.

7. Information Provided by Artists

The information disclosed on our Platform is provided by the Artists, who are fully responsible for updating all rates/fees/prices, availability, policies and conditions and other relevant information.

The prices as offered by the Artists on our Platform are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on our Platform.

Discounted rates may carry special restrictions and conditions, for example non-cancellable and non-refundable. Please check the relevant booking conditions and details thoroughly prior to making your booking or purchase.

Obvious errors and mistakes (including misprints) are not binding.

All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.

8. End User Accounts

You must create an account and provide certain information about yourself to use some of the features that are offered on our Platform.

Your information must always be accurate, complete, and current, and you must ensure confidentiality of your login credentials. You may not impersonate someone else, create, claim, or use an account for anyone but yourself, provide an email address other than your own, or create fake or multiple accounts.

Your username may not use:

1. The name of another person or entity that is not lawfully available for you to use,
2. A name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or
3. A name that is otherwise offensive, vulgar, or obscene.

ChicChic may at any time, without notice and discretion, deny creation of user accounts or deny users access to the Platform if violation of the Terms is suspected or could be foreseen.

You are responsible for all activities related to your user account. If you believe there is a risk of breach of security or unauthorised use, please immediately contact us on hello@chicchicapp.com.

9. End User Communications

By creating an End User account, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us.

By consenting to being contacted by ChicChic, you understand and agree that you may receive automated SMS or MMS messages or communications generated by automatic telephone dialing systems and/or communications containing pre-recorded messages sent by or on behalf of ChicChic, or its Artists, including but not limited to: booking confirmations or notifications, communications concerning your End User account or use of the ChicChic Platform, updates concerning new and existing features, communications concerning promotions run by us or our Artists, and news concerning ChicChic and industry developments.

If you wish to opt-out of email, text, or other communications, please contact us directly at hello@chicchicapp.com. However, you acknowledge that opting out of texts may lead to missed booking notifications or other important notifications or updates, and in general impact your use of the ChicChic Platform as an End User. Standard messaging charges applied by your cell phone carrier will apply to the messages we send.

The "Platform" retains the right to store the "Company Number," "Company Address," "Phone Number," and "Email Address" of all registered "Artists", "Partners" and "Users". This data will be maintained indefinitely until a valid "Right to be Forgotten" request is submitted under the General Data Protection Regulation (GDPR) to the "Platform". Upon such request, the "Platform" will comply by removing the specified data from our databases in accordance with legal retention requirements and the "Privacy Policy." The same can be done by emailing us at hello@chicchicapp.com.

10. Reviews

Only users who have purchased Services should comment on their purchase and provide a review of the Artist. The completed review may be: (1) Uploaded onto the relevant Artist information page on our Platform for the sole purpose of informing other users of your opinion of the service and quality of the Artist or their business; (2) Used and placed in full, or in parts, by ChicChic and the Artist at our sole discretion (e.g., for marketing, promotion, or improvements of our service/s) on our Platform or on social media, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by ChicChic and our Artists.

To offer and maintain recent and relevant reviews, reviews on the Platform should only be submitted within a limited period of 14 days after receiving a service. We reserve the right to keep the reviews visible for a limited time after they have been posted. The default ranking of the reviews is by date of submission relative to a few additional criteria (such as language, reviews with comments), whereas a review from the users who submit more comprehensive and detailed reviews may be ranked at the top.

ChicChic Platform also may allow the Artists to respond to their reviews. We reserve the right to edit, refuse, or remove reviews at our sole discretion insofar it violates our review policy. ChicChic does not compensate or otherwise reward a user for completing a review. The user review form should be regarded as a survey and does not include any offers, invitations, incentives or whatsoever.

ChicChic commits to use its best efforts to monitor and remove reviews that include indecency or reviews which include:

1. Profanity, sexually explicit content, hate speech, discriminatory content, threats, violence etc.
2. Full names of personal attack towards the staff
3. Promoting illegal activities (e.g., drugs, prostitution etc.)
4. Sites, emails and addresses, phone numbers, cc details
5. Politically sensitive comments

11. Feedback & Suggestions

You might choose to, or we may invite you to submit comments or ideas about the ChicChic Platform, including without limitation about how to improve our website, apps, or other products ("Idea/s"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place ChicChic under any fiduciary or other obligation to you, and that we are free to use, implement, and publish the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by reviewing or accepting your submission, ChicChic does not waive any rights to use similar or related ideas previously known to ChicChic, or developed by its staff members, or obtained from sources other than you.

12. Bookings and Purchases

Please be cautious when interacting with other users – both on the Platform and in real life. ChicChic are neither liable nor responsible for the conduct of any user on or off our Platform. Moreover, ChicChic does not conduct any background checks, including criminal record checks etc.

A. Direct Auto-Bookings that are automatically confirmed and paid for

1. Consumer selects a service listed on the Platform;
2. Consumer clicks on the Book button under the service selected and selects the most suitable available location, date, and time for the service to be delivered;
3. Consumer then must finalise the booking within the next 10-15 mins by making the payment;
4. The relevant Artist who made their Service/s available for auto-bookings receives a notification with the details about the future appointment and it is added to the Artist's calendar with their updated availability;
5. Consumer and the Artist can then reach out to one another, change and/or cancel the booking 24 hours before the appointment takes place.

B. Semi-automatic Bookings that require confirmation from the Artist

1. Consumer selects a service listed on the Platform;
2. Consumer clicks on the Book button under the service selected and selects the most suitable available location, date, and time for the service to be delivered;
3. Consumer then must finalise the booking within the next 10-15 mins by adding their payment details (debit/credit card details);
4. The relevant Artist who made their Service/s available for semi-automatic bookings then needs to accept or decline the Booking request within the next 24 hours;
5. If the relevant Artist accepts the booking request, a Consumer is then immediately charged for their future appointment and receives a notification confirming their booking and payment;
6. If the Artist declines the booking request, a Consumer is not going to be charged, for the appointment and receives a notification confirming that the booking request has been declined.

C. In-App Cash Booking

Customers may book services through the Platform but will pay directly to the Artist or Partner in cash upon service delivery.

D. Walk-In Bookings

Allows Artists or Partners to register bookings for Customers on behalf of them, when Customers arrive in person without prior appointment, or when reaching out remotely when they cannot use the Platform to book and/or pay for services, thereby allowing Artists and/or Partners maintain seamless appointment experience, management and record-keeping.

The Platform expressly disclaims any liability for transactions and disputes arising from In-App Cash Bookings and Walk-In Bookings. Such transactions are governed solely by the business terms and dispute resolution policies of the respective Artist and/or Partner.

Payments

Bookings are subject to payment unless the specific Artist must confirm the booking first before the payment can be made in full, in part or as a deposit when you purchase or make a booking. Payments are safely processed from your credit/debit card by the third-party payment processor, e.g., Stripe, Apple Pay, Klarna, etc., made available on the ChicChic Platform (ChicChic does not act nor operates as the merchant of record).

Depending on the payment terms set by the Artists and upon payment, ChicChic will charge either full amount to be paid by you to the Artist or a deposit on your credit/debit card through a third-party payment processor made available on the Platform. In case of partial amount paid, any outstanding amount must be paid to the Artist on the day of the appointment and prior to the commencement of the appointment.

All Users of the Platform are solely responsible for all tax liabilities associated with their use of the Platform, including but not limited to income tax, sales tax, and any other forms of tax, as dictated by the laws of the jurisdiction in which the user operates. The Platform does not collect, remit, or manage taxes on behalf of its users.

13. Rights Granted to ChicChic

By uploading Content onto ChicChic Platform, you certify, warrant and agree that you own the copyright to the Content and that you grant ChicChic a non-exclusive, worldwide, irrevocable, unconditional transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any Content on the Platform, however always subject to mandatory regulation, e.g. GDPR, and IP-rights.

ChicChic does not own or endorse Content that is uploaded. The truthfulness, validity and right to use of all Content is assumed by the person who uploaded the Content and is not the responsibility of ChicChic. ChicChic disclaim all responsibility and liability for the Content posted. The person who uploads the Content warrants that it does not contain any viruses, Trojan horses or infected files and do not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights.

14. Intellectual Property Rights and Other Restrictions

Unless stated otherwise, the software required for, available at or used by our Platform and the intellectual property rights (including the copyrights) of the Content and information of and material on our Platform are owned by ChicChic and/or its Artists, End Users.

Our Platform is made available for personal and non-commercial use only.

You are not allowed to:

1. Re-sell, hyper/deep-link, use, copy, publish, modify, translate, decompile, reverse engineer, decipher, transmit, create any derivative works from, make use of, use as meta tags, reproduce in any way, promote, market, integrate, utilize, combine, monitor (e.g. spider, scrape), use datamining, frame, mirror, display, download, reproduce, or otherwise use the Content without ChicChic's prior written consent;
2. Use or develop applications that interact with the Platform, without ChicChic's prior written consent; or
3. Use, store, upload viruses or other malicious ware or compromise the security of the ChicChic Platform or promote behaviour in violation of these Terms and/or our Privacy Policy.

Unlawful Content

Any unlawful Content that may exploit or otherwise harm minors; or may violate or advocate the contravention of any law or regulation is prohibited.

In general, all artistic images depicting nudity and sexuality are allowed without censorship. However, images depicting implied actions that have the potential to normalize violence such as non-consensual or violent sex acts, including rape, are not allowed at any time.

Real female nipples must be censored unless in the context of breastfeeding, birth giving and after-birth moments, health-related situations (for example, post-mastectomy, breast cancer awareness or gender confirmation surgery) or an act of protest.

ChicChic does not allow objectionable content that includes defamatory commentary, imagery and/or hate speech about religion, gender, race, or any other targeted groups. Imagery that is racist, sexist, homophobic, transphobic, or engages in other forms of discrimination will not be tolerated and will immediately be removed.

15. Termination

Failure to comply with any obligations set out in the Terms constitutes a breach, which may result in immediate termination of your account. Clauses 13, 14 and 15 - 19 will still apply.

16. Disclaimer

Subject to the limitations set out in these Terms and to the extent permitted by law, the Platform is provided on an "as is" and "as available" basis; and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Platform (including but not limited to all Services and Content), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.

ChicChic does not represent or warrant that (1) the Platform will be interrupted or error free, (2) any defects or errors in the service will be corrected, or (3) that any Content or information you obtain on or through the Platform will be accurate.

To the fullest extent permitted by applicable law, in no event will ChicChic, our officers, directors, employees, representatives, subsidiaries, affiliated companies, our Artists, distributors, licensors, licensees, agents, service providers or others involved in creating, sponsoring, promoting, or otherwise making available the Platform, be liable for any indirect, consequential, exemplary, incidental, special or punitive damages.

17. Privacy

ChicChic respects your privacy. Please have a look at our Privacy Policy for further information. Users acknowledge that the "Platform" incorporates technologies provided by OpenAI LLC. By using the "Platform," "Users" agree to be bound by the terms and conditions, including the privacy policies, of OpenAI LLC.

18. Complaints

Any claim or complaint against ChicChic or in respect of the Artist must be promptly submitted, but in any event within 48 hours after the scheduled day of receipt of the Service. Any claim or complaint that is submitted after the 48-hour period may be rejected, and the claimant shall forfeit its right to any (damage or cost) compensation.

19. Governing Law

Any disputes arising out of or related to these Terms and/or any use by you of the ChicChic Platform shall be governed by the laws of England and Wales, without regard to its choice of law rules and without regard to conflicts of laws principles.

20. Miscellaneous

1. Reservation of Rights. The failure of either party to exercise in any respect any right provided in these Terms will not be deemed a waiver of such rights.
2. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
3. These Terms, and any rights and licenses granted hereunder, are not assignable, transferable or sublicensable by you except with ChicChic's prior written consent but may be assigned by ChicChic without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
4. Independent Contractors. No agency, partnership, joint venture, or employment is created because of this Agreement, and you do not have any authority of any kind to bind ChicChic in any respect whatsoever.
5. Causes of Action. Any cause of action or claim you may have with respect to ChicChic must be commenced within one (1) year after the claim or cause of action arises.