GORJES - TERMS AND CONDITIONS
I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details: GORJES is a brand of R-Cubed Technologies LTD a company registered in England and Wales with registered company number 11061540, whose registered office is at Kemp House, 160 City Road, London, EC1V 2NX.
1.2. Product Orders: We provide a way for you to communicate your orders ("Orders") for Personal Services ("Services") to Beauty Salons and independent Therapists in the UK("Beauty Service/s") displayed on the Website and App. The legal contract for the supply and purchase of Services is between you and the Beauty Services that you place your Order with and we will conclude the sale of Services on behalf of, and agent for, the Beauty Services in all cases.
2. WEBSITE AND APP ACCESS AND TERMS
2.1. Website and App access: You may be able to access some areas of the Website and App without making an Order or registering your details with us. Most areas of the Website are open to everyone.
2.2. Acceptance of terms: By accessing any part of the Website or in using the App, you indicate that you accept these Website and App Terms. If you do not accept these Website and App Terms, you should leave the Website and/or uninstall the App immediately, and you will not be able to order any Products through the Website or App. 2.3. Revision of terms: We may revise these Website and App Terms at any time. You should check the Website and App regularly to review the current Website and App Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us. 2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website and/or App. You are also responsible for ensuring that all persons who access the Website and/or App through your Internet connection are aware of these Website and App Terms and that they comply with them. 3. YOUR STATUS 3.1. Capacity and age: By placing an Order through the Website, you warrant that: 3.1.1. You are legally capable of entering into binding contracts with Beauty Services; and 3.1.2. You are at least 18 years old. 3.2. You acknowledge and agree that if you have a specific allergy or intolerance, you will contact the Beauty Services directly to check that the products used are suitable for you, before placing your order directly with them. 4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED 4.1. Compiling your Order: Once you have selected the Services you wish to order from the menu of your chosen Beauty Service and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Beauty Services and errors cannot be corrected (subject to paragraph 4.2. below). 4.2. Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you may be entitled to change or cancel your Order, and could be entitled to a refund (please refer to paragraphs 4.4 and 5.6 for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you may contact our Customer Care team as described in paragraph 6.3 and they will attempt to contact the Beauty Services in order to communicate your requests. However, there is no guarantee that we will be able to reach the Beauty Services or that the Beauty Services will agree to your requests as they may have already started processing your Order. 4.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Beauty Services. 4.4. Processing your Order and Beauty Services rejections: On receipt of your Order, we will send it to the relevant Beauty Services and will notify you via the App or email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website or App and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Services with a Beauty Services but does not necessarily mean that your Order will be fulfilled by the Beauty Services. We encourage all our Beauty Services to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email/App notification) as soon as reasonably practicable if a Beauty Services rejects your Order. However, Beauty Services have the ability to reject Orders at any time because they are over booked, or due to other reasons. In doing so, Beauty Services will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance with paragraph 5.6 below, in the first instance to your App wallet, if you require money to be transferred directly to you please contact our support line. 4.5. Beauty Services At Home: Estimated times for Services delivered at your home are provided by the Beauty Services and are only estimates. Neither we nor the Beauty Services guarantee that the person delivering these Services will be within the estimated times. 5. PRICE AND PAYMENT 5.1. Incorrect pricing: This Website and App contain a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website or App, we will normally contact you before the relevant Services are processed. In such an event, neither we nor the relevant Beauty Service is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing. 5.2. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or App. 5.3. Card payments: If you pay by credit or debit card, you may be required to show the card to the Beauty Service at the time of your Services as proof of identification and so that they can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card. 5.4. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Beauty Service (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Beauty Services will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account. 6. CUSTOMER CARE 6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting the "Need help?", "Help" or similar button or by calling the telephone number shown on the Website. 6.2. Questions about your Order: If you have any problems with your Order, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Beauty Service in order to follow up on your query. 6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Care team as described above and they will attempt to contact the Beauty Service in order to communicate your requests. However, there is no guarantee that we will be able to reach the Beauty Service or that the Beauty Service will agree to your requests as they may have already started processing your Order. 6.4. Complaints or feedback: In the event that you are dissatisfied with the quality of services provided by a Beauty Service, please consider providing feedback in the form of ratings, comments and reviews on the Website and/or App (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process. 6.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Beauty Service and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Beauty Service directly to lodge your complaint and, where appropriate, follow the Beauty Service's own complaint procedures. If you are unable to contact the Beauty Service, or the Beauty Service refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our Customer Care Advisers will attempt to contact the Beauty Service in order to request compensation on your behalf. 7. LICENCE 7.1. Terms of permitted use: You are permitted to use the Website and App and print and download extracts from the Website for your own personal non-commercial use on the following basis: 7.1.1. You must not misuse the Website or App (including by hacking or \"scraping\"). 7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and App and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website and App Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited. 7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text. 7.1.4. You must ensure that our status as the author of the material on the Website and App is always acknowledged. 7.1.5. You are not allowed to use any of the materials on the Website/App or the Website/App itself for commercial purposes without obtaining a licence from us to do so. 7.2. Limitation on use: Except as stated in paragraph 7.1, the Website/App may not be used, and no part of the Website/App may be reproduced or stored in any other website/App or included in any public or private electronic retrieval system or service, without our prior written permission. 7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved. 8. WEBSITE/APP ACCESS 8.1. Website/App availability: While we try to ensure the Website/App is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website/App is unavailable at any time or for any period. 8.2. Suspension of access: Access to the Website/App may be suspended temporarily at any time and without notice. 8.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website/App; any transmission is at your own risk. 9. VISITOR MATERIAL AND REVIEWS 9.1. General: 9.1.1. Other than personally identifiable information, which is covered under our Privacy Notice, any material you post, upload or transmit or upload to the Website (including without limitation Reviews) Visitor Material will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes. 9.1.2. You represent and warrant that that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below. 9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website/App any Visitor Material (including any Reviews) that: 9.2.1. breaches any applicable local, national or international law; 9.2.2. is unlawful or fraudulent; 9.2.3. amounts to unauthorised advertising; or 9.2.4. contains viruses or any other harmful programs. 9.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not: 9.3.1. contain any defamatory, obscene or offensive material; 9.3.2. promote violence or discrimination; 9.3.3. infringe the intellectual property rights of another person; 9.3.4. breach any legal duty owed to a third party (such as a duty of confidence); 9.3.5. promote illegal activity or invade another\'s privacy; 9.3.6. give the impression that they originate from us; or 9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person. 9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason. 9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website and App are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website/App or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials. 9.6. Images: Any images of Beauty Services /Services displayed on the Website are provided as a design feature of the Website/App only and may not be either (a) an image of a service prepared or produced by the Beauty Service from which you choose to order; or (b) representative of the Services you receive from a Beauty Service. 9.7. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Beauty Service or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9. 9.8. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure. 10. LINKS TO AND FROM OTHER WEBSITES 10.1. Third party websites: Links to third party websites on the Website/App are provided solely for your convenience. If you use these links, you leave the Website/App. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website/App, you do so entirely at your own risk. 10.2. Linking permission: You may link to the Website's homepage (www.gorjes.co), provided that: 10.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation; 10.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists; 10.2.3. any website from which you link must comply with the content standards set out in these Website/App Terms (in particular paragraph 9 (Visitor Materials and Reviews)); 10.2.4. we have the right to withdraw linking permission at any time and for any reason. 11. DISCLAIMERS 11.1. Website/App information: While we try to ensure that information on the Website/App is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website/App, or to the functionality, Services and prices described on it, at any time without notice. The material on the Website/App may be out of date, and we make no commitment to update that material. 11.2. Beauty Services actions and omissions: The legal contract for the supply and purchase of Services is between you and the Beauty Service that you place your Order with. We have no control over the actions or omissions of any Beauty Service. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website/App: 11.2.1. We do not give any undertaking that the services ordered from any Beauty Service through the Website/App will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties. 11.2.2. Estimated times for Services are provided by the Beauty Services and are only estimates. Neither we nor the Beauty Services guarantee that Services will be within the estimated times. 11.2.3. We encourage all our Beauty Services to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Beauty Service rejects your Order. However, we do not guarantee that Beauty Services will accept and fulfil all Orders, and Beauty Services have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. Beauty Services will not be obliged to deliver a Service to an address outside of their set services radius, which may change from time to time. 11.2.4. The foregoing disclaimers do not affect your statutory rights against any Beauty Service. 11.3. Exclusion of terms: We provide you with access to and use of the Website/App on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website/App and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website/App and your use of it, or be otherwise implied or incorporated into these Website/App Terms, by statute, common law or otherwise ). 12. LIABILITY 12.1. General: Nothing in these Website and App Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website and App Terms affects your statutory rights. 12.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for: 12.2.1. any loss of profits, sales, business, or revenue; 12.2.2. loss or corruption of data, information or software; 12.2.3. loss of business opportunity; 12.2.4. loss of anticipated savings; 12.2.5. loss of goodwill; or 12.2.6. any indirect or consequential loss. 12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Website/App or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower. 12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website/App, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use. 13. TERMINATION 13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website/App immediately by notifying you in writing (including by email) if we believe in our sole discretion that: 13.1.1. you have used the Website/App in breach of paragraph 7.1 (License); 13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews); 13.1.3. you have breached paragraph 10.2 (Links to and from other websites); or 13.1.4. you have breached any other material terms of these Website and App Terms. 13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website/App. 14. WRITTEN COMMUNICATIONS 14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website/App or ordering Services via the Website/App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website/App. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 15. EVENTS OUTSIDE OUR CONTROL 15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website and App Terms that is caused by events outside our reasonable control ("Force Majeure Event"). 15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 15.2.1. strikes, lock-outs or other industrial action; 15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 15.2.5. impossibility of the use of public or private telecommunications networks; and 15.2.6. the acts, decrees, legislation, regulations or restrictions of any government. 15.3. Our performance under these Website and App Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event. 16. ADDITIONAL TERMS 16.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Notice. You should review our Privacy Notice. 16.2. Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Website/App and your use of it, these are incorporated into these Website Terms by this reference. 16.3. Severability: If any of these Website/App Terms are determined by any 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. 16.4. Entire agreement: These Website and App Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract. 16.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website and App Terms will not be interpreted as a waiver of your or our rights or remedies. 16.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website and App Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to. 16.7. Headings: The headings in these Website and App Terms are included for convenience only and shall not affect their interpretation. 17. GOVERNING LAW AND JURISDICTION 17.1. These Website and App Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Website and App Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts. II. GORJES COMPETITIONS TERMS & CONDITIONS 1. The following general terms and conditions (the "General Competition Terms") will apply to all competitions run by Gorjes. 2. Individual competitions will also be subject to, and the General Competition Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Competition Terms") that will be specified in connection with each competition. 3. Competitions are open to individual residents of the UK aged 18 or over, except employees of R-Cubed Technologies Ltd, their associated, affiliated or subsidiary companies, and their families, agents, or anyone connected with the competition. 4. Winners will be responsible for ensuring they are able to accept the relevant prize, as set out and in accordance with these General Competition Terms and any applicable Specific Competition Terms. 5. We reserve the right to redraw a competition winner if the relevant prize is not accepted or claimed within the time period stated in the applicable Specific Competition Terms. 6. Completing and submitting a competition entry form will be deemed acceptance of the General Competition Terms and any applicable Specific Competition Terms. 7. The General Competition Terms and any applicable Specific Competition Terms shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts. 8. Any personal data that is collected as part of any Gorjes competition will be processed in accordance with applicable UK data protection legislation. For further information on our Privacy Notice please go to: https://www.Gorjes.co/information/privacynotice. 9. We reserve the right to withdraw any competition at any time without prior written notice and/or to alter or amend the General Competition Terms or the Specific Competition Terms for any competition at any time. 10. Our decision is final and binding in all matters relating to any competition and no correspondence will be entered into. 11. All standard terms and conditions from time to time for use of the Website/App and Service apply
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