1. Definitions and Interpretation
means an account required for a User to access and/or use certain areas of Our App , as detailed in Clause 4;
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our App;
means any registered hair and beauty professional registered with us to provide a beauty service;
means a user of Our App;
means any content submitted to Our App by Users including, but not limited to, comments, star ratings; and
Means The Glow Up Limited (trading as Glo Up) a company registered in England under 10993369 registered address 71-75 Shelton Street, London WC2H 9JQ.
2. Information About Us
2.1 Our App, www.glo-up.co is owned and operated by The Glow Up Limited.
2.2 We offer a service whereby you can book an appointment with our registered Beauty Professionals.
2.3 We provide you with details of the Beauty Professionals available to provide beauty, hair, nail and eyebrow treatments in your geographical area;
2.4 We do not provide the service you request direct, we only offer a booking service for the Professionals.
2.5 We do carry out checks on our Beauty Professionals, such as their qualifications but we can not take responsibility for the accuracy of information provided to us by third parties.
3. Access to Our App & Service
3.1 Access to Our App is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our App.
3.3 Access to Our App is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our App (or any part of it) at any time and without notice. We will not be liable to you in any way if Our App (or any part of it) is unavailable at any time and for any period.
3.4 You agree to provide a safe environment for all Beauty Professional to work from. You will provide the necessary water supply and electricity required for the provision of services.
3.5 You use the service at your own risk. We recommend you exercise caution and common sense to protect yourself and your property and suggest that you check the identify of the person attending your property, prior to allowing them into your property.
3.6 You agree not to independently instruct or book the services of a Beauty Professional you have previously booked through the Glo Up App. For the avoidance of doubt you must use the App for all further Beauty Professional services.
4. Accounts and Payment Processing Services
4.1 Certain parts of Our App (including the ability to book services with our Beauty Professionals) will require an Account in order to access them.
4.2 You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use the parts of Our App that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact us immediately email@example.com We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 17.
4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our App requiring an Account for access.
4.8 If you close your Account, any Content you have created on Our App will be deleted.
4.9 Payment processing services for Our App are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms on Glo Up, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Glo Up enabling payment processing services through Stripe, you agree to provide Glo Up accurate and complete information about You, and you authorize Glo Up to share it and transaction information related to your use of the payment processing services provided by Stripe. The Stripe Services Agreement link is: https://stripe.com/docs/connect/updating-accounts#tos-acceptance
5. Intellectual Property Rights
5.1 With the exception of User Content (see Clause 6), all Content included on Our App and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to us or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 Subject to sub-Clause 5.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our App unless given express written permission to do so by Us.
5.3 You may:
5.3.1 Access, view and use Our App in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download Our App (or any part of it) for caching;
5.3.3 Save pages from Our App for later and/or offline viewing.
5.4 Our status as the owner and author of the Content on Our App (or that of identified licensors, as appropriate) must always be acknowledged.
5.5 You may not use any Content saved or downloaded from Our App for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.
6. User Content
6.1 User Content on Our App includes (but is not necessarily limited to) a providing a star rating and/or a comment for the Beauty Professional you have used.
6.2 An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
6.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
6.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our App . In addition, you also grant Other Users the right to copy and quote your User Content within Our App.
6.6 If you wish to remove User Content from Our App, the User Content in question will be anonymised. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of our reasonable control).
6.7 We may reject, reclassify, or remove any User Content from Our App where, in Our sole opinion, it violates Our Acceptable Usage Policy, or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
7. Links to Our App
7.1 You may link to Our App provided that:
7.1.1 you do so in a fair and legal manner;
7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
7.1.3 you do not use any logos or trade marks displayed on Our App without Our express written permission; and
7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
7.2 You may not link to Our App from any other App the main content of which contains material that:
7.2.1 is sexually explicit;
7.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.2.3 promotes violence;
7.2.4 promotes or assists in any form of unlawful activity;
7.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
7.2.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.2.7 is calculated or is otherwise likely to deceive another person;
7.2.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.2.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
7.2.10 implies any form of affiliation with Us where none exists;
7.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
7.2.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8. Links to Other Apps
Links to other Apps may be included in Our App. Unless expressly stated, these Apps are not under Our control. We neither assume nor accept responsibility or liability for the content of third party Apps. The inclusion of a link to another App on Our App is for information only and does not imply any endorsement of the Apps themselves or of those in control of them.
9.1 Nothing on Our App constitutes advice on which you should rely. It is provided for general information purposes only.
9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our App will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our App damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9.3 We make reasonable efforts to ensure that the Content on Our App is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning services for sale through Our App.
10. Our Liability
10.1 The provisions of this Clause 10 apply only to the use of Our App and not to the sale of services.
10.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our App or the use of or reliance upon any Content (including User Content) included on Our App.
10.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our App or any Content included on Our App.
10.4 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
10.5 We exercise all reasonable skill and care to ensure that Our App is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our App (including the downloading of any Content from it) or any other App referred to on Our App.
10.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11 Viruses, Malware and Security
11.1 We exercise all reasonable skill and care to ensure that Our App is secure and free from viruses and other malware.
11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our App.
11.4 You must not attempt to gain unauthorised access to any part of Our App , the server on which Our App is stored, or any other server, computer, or database connected to Our App .
11.5 You must not attack Our App by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our App will cease immediately in the event of such a breach.
12 Acceptable Usage Policy
12.1 You may only use Our App in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
12.1.2 you must not use Our App in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3 you must not use Our App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
12.1.4 you must not use Our App in any way, or for any purpose, that is intended to harm any person or persons in any way.
12.2 When submitting User Content (or communicating in any other way using Our App ), you must not submit, communicate or otherwise do anything that:
12.2.1, is sexually explicit;
12.2.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
12.2.2 promotes violence;
12.2.3 promotes or assists in any form of unlawful activity;
12.2.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
12.2.5 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.6 is calculated or is otherwise likely to deceive;
12.2.7 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
12.2.8 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);
12.2.9 implies any form of affiliation with Us where none exists;
12.2.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
12.2.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our App ;
12.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;
12.3.3 issue you with a written warning;
12.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.3.5 take further legal action against you as appropriate;
12.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
12.3.7 any other actions which We deem reasonably appropriate (and lawful).
13 Making and Cancelling a Booking & Payment
13.1 Once you have selected the Beauty Professional and the service you require you simply have to select the date, time and location where/when you wish the service to be carried out.
13.2 You will be transferred to the booking page where you will be asked to insert your payment details. All services must be paid for in advance by credit or debit card.
13.3 Payment processing services for the beauty professionals on Glo Op app are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms and continuing to operate as an account on the Glo Up app, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Glo Up app enabling payment processing services through Stripe, you agree to provide Glo Up accurate and complete information about you and you authorise Glo Up to share it and transaction information related to your use of the payment processing services provided by Stripe.
13.4 Once payment has been accepted your booking will be confirmed.
13.5 You can cancel the service at any time up to 3 (three) hours prior to the Beauty Professionals arrival.
13.6 If you do not cancel within the 3 hours as per above paragraph full payment will be retained and no refund will be given to you. For clarification Glo-Up confirms that if you cancel anytime up to 3 hours before the Professionals arrival you will be refunded for the service.
14 Privacy and Cookies
16 Contacting Us & the Beauty Professional
To contact Us, please email Us at firstname.lastname@example.org or using any of the methods provided on Our contact page. We are always happy to help and offer some assistance in resolving any dispute which may arise with a Consultant; however we do remind you that we are not responsible for the quality of the service you are provided with by the Consultant.
17 Communications from Us
17.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 5 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
17.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at email@example.com.
18 Data Protection
18.1 Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and General Data Protection Regulation (GDPR) effective 25 May 2018 and your rights and Our obligations under that Act and that Regulation respectively.
18.2 We may use your personal information to:
18.2.1 Provide and administer your Account;
18.2.2 Reply to any communications you send to Us;
18.2.3 Send you important notices, as detailed in Clause 17;
18.3 We will not pass on your personal information to any third parties save for the Consultant that you have request to book an appointment with through the App.
18.4 For the avoidance of doubt, we will comply with all terms of the GDPR in all respects as relate to the provision by You of your personal data to Us and also the way we handle Your data when it is in Our possession.
19 Law and Jurisdiction