Terms of Service for Beauty Professionals

1. General

The following terms of service ("Terms") regulate the use of the Glambook Pro: for Business mobile application software, internet-based services, business services and other applications offered by Glambook UG (hereinafter the "Company," "Glambook," "we," or "us"). These services and applications can be accessed through the websites Glambook.co.uk or Glambook.de (collectively referred to as the "Website") and are collectively referred to as the "Services”. The Company's Privacy Policy (https://glambook.com/legal/terms-and-policies), any subscription agreement you conclude, and any community guidelines or dispute resolution procedures that the Company may provide are considered part of these Terms and are included in these Terms. In case of a conflict between these Terms and any subscription agreement, these Terms shall prevail. In case of a conflict between these Terms and other terms posted on the Website, these Terms shall prevail, and in case of a conflict with the End User Licence Agreement in mobile applications (the "EULA"), the EULA shall prevail.

We wish you to read these terms of service carefully. These Terms are considered as a binding agreement between Glambook and you, which regulates the usage of the Services. By signing a subscription agreement or using the Services you accept and agree with all the terms and conditions outlined in these terms of service. You also confirm that you are 18 years or older. If you disagree with any provision of these Terms, you are not allowed to use the Services.

In case you are accepting these terms on behalf of a company, individual entrepreneur, organisation, governmental institution or any other legal entity, you confirm that you have the necessary authorities to do so.

The Services are protected by copyright and intellectual property laws, both domestically and internationally. Any unauthorised reproduction or distribution of the Services, or any part of them, is subject to civil and/or criminal penalties and are protected by applicable law. All the Services subject to these Terms are licensed but are not sold.

In case any part or provision of these Terms is declared by court as invalid, such a consideration does not affect the validity of all other provisions hereof.

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2. The Glambook Services

Glambook is a connecting platform for beauty salons, beauty showrooms, co-workings, merchants, stylists, and Beauty Professionals (hereinafter “Professionals” or “you”) offering hair, beauty, and health and wellness services (known as "Beauty Services"). Clients looking for these services are also considered users of the Glambook Services, and together, these parties are referred to as the "Users".

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3. Subscription Fees and Payment Fees

The cost of the Subscription is specified in (a) these Terms of Service, (b) online, or (c) a separate agreement between you and Glambook. In case a Beauty Professional does not have a subscription, they will be charged a processing fee (as indicated at the time of payment) for any appointments made using the Services. Glambook reserves the right to alter the processing fee amount with prior notice to you. In case a Beauty Professional does not have a subscription plan Glambook will take a percentage of the cost for the first and any subsequent appointments with the new clients that were referred to them through the Platform.

You agree to pay Glambook the subscription fees along with any additional fees as agreed hereof. All fees are final and cannot be refunded or transferred, unless stated otherwise hereof. Payment for each billing period shall be made in advance unless specified otherwise.

As a Professional you allow Glambook to check whether the payment method linked to your account is in good standing with the financial institution while you use the Services. Glambook may also perform credit checks or background investigations periodically to determine your continued eligibility to use the Services. You are solely responsible for paying or reimbursement of any applicable taxes, including VAT and WHT if applicable, on the services received under these Terms excluding taxes on the Glambook's income.

Billing Cycle

Your subscription will become effective on the date you sign up and make a payment. Each subscription cycle lasts for one month, three months, six months, or twelve months depending on the subscription length that a Beauty Professional has chosen, and will automatically renew according to the length. If you choose a monthly subscription you will be charged on a monthly basis on the anniversary of your first payment. For example, if you started your subscription on July 25th, you'll be charged on August 25th, September 25th, and so on. However, if you choose a 3-month, 6-month, or 12-month subscription, you will be charged on a quarterly, semi-annual or annual basis respectively, on the anniversary of your first payment. We reserve the right to change the billing schedule. The amount billed each period may differ based on promotions or changes in your subscription plan, and you allow Glambook to charge you accordingly.

Subscription Pricing

Your subscription will commence on the date of payment and sign-up. The subscription period will depend on the plan selected by the Beauty Professional, which can be monthly, three months, six months, or twelve months. The subscription will automatically renew according to the chosen length on a monthly basis, every three months, every six months, or annually, until you cancel your subscription or it is terminated by Glambook. The billing date for monthly subscription will be the same date every month, while the billing dates for three months, six months, and twelve months subscription plans will be adjusted accordingly. The amount you are charged each month may vary based on promotional offers or changes to your subscription plan.

All subscriptions are managed by Apple Inc. If you subscribed through the App Store you can manage or cancel your subscription by going to your account settings on your iOS device or through the App Store on your computer. Glambook does not have access to or control over your subscription, billing, or payment information. Please refer to Apple's terms and conditions and contact their customer support if you have any issues with your subscription.

Cancellation of your subscription

In case you cancel your subscription with more than 48 hours before your next billing cycle, you will not be charged for the following billing period. To view your billing cycle details you can log into your Apple account or contact Apple Support for assistance. Note that no prorated refund or any portion of the subscription Fees paid for the current billing period will be provided upon cancellation. Despite cancellation you will still have access to the subscription services until the end of the current billing cycle. All subscriptions are managed solely by Apple Inc.

Other Fees

From time to time, Glambook may offer additional services for a fee that can help Beauty Professionals expand their business and connect with clients more easily. These services can be found under the Glambook Programs category, which can be viewed at https://Glambook.com/gnc/.

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4. Glambook Platform

Glambook provides a platform to connect Professionals and Clients but doesn't offer Beauty Services themselves. It's up to each Client and Professional to independently agree on the services and location, whether at the Professional's location or a designated site. The responsibility of choosing a suitable Professional and the services offered falls solely on the Client. It's important to note that the Company doesn't run background checks neither on Clients nor on Professionals. Receiving services in a private location increases the risks for everyone involved. It's up to each Client and Professional to exercise caution and protect their own personal safety and property, just as they would when dealing with someone they don't know.

The Company and its affiliates or licensors aren't responsible for the behaviour of any users of the services, online or offline. You agree to release the Company from any related liability. The Company and its affiliates or licensors won't be held responsible for any claims, injuries, or damages resulting from your use of the services.

Glambook has no control over the quality, suitability, reliability, timing, legality, licensing or any other aspect of the Beauty Services provided by Professionals or the actions of Clients or Professionals. The Company doesn't make any warranties or representations about the services offered or requested through their platform, including the credentials of the Professionals. Glambook does not perform background checks or verify information provided by its users. Glambook doesn't verify the identity or accuracy of the information provided by its users, and isn't responsible for the accuracy or reliability of any information provided through their platform. However, the Company may choose to conduct background checks on Professionals through third-party services or first-party interviews to verify their identity and criminal background, but it's not required to do so. Glambook reserves the right to terminate the Professional’s account based on information obtained from these checks.

For certain services, including Beauty Services, that can be booked through the platform if approved by Glambook, you may require clients to provide payment information and charge fees for reservations, cancellations or missed appointments in accordance with any policy posted on your Glambook page at the time of the booking. If you manually enter a client's payment information and save it to their account, you must obtain the client's permission to do so and you are fully responsible for adhering to their preferences regarding the information. You also agree to compensate the Company for any claims resulting from a failure to obtain this permission.

You agree to fulfil the reservations made by Clients through the platform or to communicate with them in advance to resolve any scheduling conflicts to both the Client's and Glambook's satisfaction.

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5. Accounts

Account Registration

By creating an account with Glambook, you are given the right to use the platform's services, provided you follow the terms and conditions set forth in these terms of service and any other restrictions specified in writing by Glambook. During the registration process you will be asked to provide information about yourself including your name and personal and business details. It is your responsibility to provide accurate and up-to-date information during the registration process and in any subsequent requests from Glambook. By registering for an account you agree to provide truthful, accurate, current and complete information about yourself. By registering for an account with Glambook and providing your Registration Data you agree to provide accurate, complete and up-to-date information about yourself and to promptly update the Registration Data in case of any changes. Glambook has the right to verify your Registration Data and may suspend or terminate your account in case you provide inaccurate or incomplete information or fail to comply with the registration requirements.

Account ID

In summary, when registering for the Services, you must provide accurate and complete personal and business information and use your true and accurate name. You must also select an appropriate and non-offensive nick name which appears on your personal appointment booking link. Glambook reserves the right to verify your information and remove or reclaim any inappropriate Account ID.

Your Account

The services are provided all over the world but not provided in the countries that are under any of the international sanctions. For US-resident users, the Services may be subject to export restrictions imposed by US law and/or applicable legislation of the state. All international Users are required to comply with applicable international law.

You agree to immediately notify us of any unauthorised use of your Account IDs or any other breach of security related to the Services. We will not be liable for any loss or damage arising from your failure to comply with these obligations. You are solely responsible for all activity that occurs under your Account and agree to immediately notify Glambook of any unauthorised use of your Account or any other security breach. You acknowledge that Glambook cannot guarantee the complete privacy of your data and messages transmitted through the Services.

Linking Your Account

By linking your Account with your Third Party Accounts, you allow Glambook to access information, content and data stored in these accounts to provide the Services. You understand that any information, content and data obtained by Glambook through your Third Party Accounts will be subject to these Terms of Service and the privacy policy. You also agree that Glambook may use this information, content and data in accordance with these Terms of Service and the privacy policy. You acknowledge and agree that Glambook shall have no liability for any damages or losses incurred or suffered as a result of your granting Glambook access to your Third Party Accounts. This means that the content you post on your third-party accounts (such as social media) will be considered as "Content" under the Terms of Service, and will be accessible through your Glambook account if you choose to link your Glambook account with your third-party accounts. The visibility of your personally identifiable information on Glambook will depend on the privacy settings you have set on your third-party accounts. If a third-party account or service becomes unavailable or if Glambook's access to the third-party account is terminated, the content from that account may no longer be available on Glambook. You have the option to disconnect your Glambook account from your third-party accounts at any time.

Please be aware that your agreement with the third-party service providers connected to your third-party accounts solely regulates your relationship with them. Glambook does not examine any content from social networking sites for any reason, such as accuracy, legality, or compliance, and is not liable for any of this content.

You acknowledge and accept that the Services may access your email contacts connected to a third-party account and your mobile device or tablet contacts list only to identify and inform you of those contacts who have also registered to use the Services. If you request it by contacting us, Glambook will disconnect the connection between the Glambook Services and your third-party account, and any information stored on Glambook's servers obtained through that account will be concealed, except for your account's username and profile picture.

The Services may have links to websites owned and controlled by third parties that are not affiliated with Glambook. Glambook has no authority over and does not assume any responsibility for the content, privacy policies, or practices of these third-party websites. Moreover, Glambook cannot censor or modify the content of any third-party website. By using the Services you relieve Glambook of all liability related to your use of third-party websites.

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Termination of Subscription and Accounts

Right to Terminate

Glambook reserves the right, at its own discretion, to end your Subscription, Account, or use of the Services at any time and for any reason, including but not limited to, if you violate these Terms of Service. Additionally, Glambook may also temporarily restrict your access to the Services and your Account, including the funds in your Account, if any of the following occur: (a) violation of these Terms of Service, other agreements with Glambook, including but not limited to the EULA, or Glambook's policies, (b) presenting an unacceptable credit or fraud risk, (c) providing false, inaccurate, incomplete, or misleading information, or engaging in fraudulent or illegal behaviour, or (d) any other reason deemed necessary by Glambook. This also includes the ability to modify or terminate any Subscription before the end of a pre-paid period.

You can end these Terms of Service and/or the EULA at any time by closing your Account. When an Account is closed, any unfinished transactions will be cancelled. The funds we are holding for you at the time of closure, minus any relevant fees, will be paid to you according to your payment schedule, provided all necessary authentication requirements for payment have been met (for instance, closing your Account cannot be used as a way to avoid your payment schedule). If an investigation is in progress when you close your Account, we may hold your funds as described in these terms. If it is later determined that you are entitled to some or all of the disputed funds, we will release those funds to you.

‍Termination Effects

In case your Subscription and/or Account is terminated or suspended for any reason, you agree to the following: (a) you will still be bound by these Terms of Service, (b) you must immediately stop using the Services, (c) any licences granted to you under these Terms of Service will end, (d) we reserve the right (but are not required) to delete or hide all information and account data stored on our servers, and (e) Glambook will not be liable to you or any third party for ending or suspending access to the Services or deleting or hiding your information or account data. If your Subscription and/or Account is terminated or suspended, Glambook may promote you to Clients using information gathered during your subscription period, such as a general description of your business, business address, customer reviews, or photos, but excluding your contact information (such as phone number or email). Additionally, you agree that Glambook may keep and use your information and account data as needed to comply with investigations and applicable laws.

We won't be held responsible for any loss or damage related to your use of the Services, or if your access to the Services is terminated or suspended. In case these Terms of Service are terminated, it won't relieve you of any outstanding payments, such as fees and costs that have already accumulated or other amounts owed to us according to these Terms of Service.

Professional Accounts

●  Professionals are only allowed to use the Services to offer Beauty services through their business or personal website or software app, which we refer to as a "Professional Site”. We reserve the right to approve the way the Services are used on the Professional Site. If we find any problem with how the Services are implemented on the Professional Site, we may temporarily suspend the Services. This suspension will remain in place until the Professional fixes the specified issues. Note that even if the Services are suspended, the Professional is still responsible for paying the fees and costs as outlined in these Terms of Service.

●  By creating an account as a Professional on Glambook you are certifying that you are licensed to provide Beauty services and that your business information is accurately represented on the platform. You are also certifying that if you advertise in-home or off-site Beauty services you are properly licensed to provide such services. Glambook reserves the right to remove any incorrect, outdated, or illegal information from Professional profiles and may remove the profile entirely if necessary.

By registering as a Professional on this platform, you agree that you will neither act any business matters nor receive payments for the activities with no regards to Beauty Services including but not limited to:

-   Illegal or licensing goods or activities;

-   Buyer or membership clubs, including membership fees;

-   Financial or legal counselling or credit repair services;

-   Identity theft or credit protection services;

-   Direct marketing, subscription offers or services;

-   Infomercial sales;

-   Online or telephone pharmacies, or pharmacy referral services where medication is provided based on an internet or phone consultation without a physical visit with a doctor, or the re-importation of drugs from other countries;

-   Unauthorised multi-level marketing businesses;

-   Telemarketing, either inbound or outbound;

-   Prepaid phone cards or services;

-   Rebate-based businesses;

-   Up-sell merchants;

-   Bill payment services;

-   Gambling, including lottery tickets, casino chips, off-track betting, and horse racing wagers;

-   Cash disbursements, either manual or automated;

-   Prepaid cards, checks, or other financial products or services;

-   Money orders or foreign currency sales;

-   Wire transfer money orders;

-   High-risk products or services, including telemarketing sales;

-   Service station merchants;

-   Automated fuel dispensers;

-   Adult entertainment products or services in any medium, including the internet, phone, or print;

-   Sales of firearms, firearm parts, hardware, ammunition, or weapons designed to cause physical harm;

-   Online or telephone cigarette or tobacco sales;

-   Drug paraphernalia;

-   Occult materials;

-   Harmful or hateful products;

-   Escort services;

-   Attorney or debt collection services.

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6. Payment Processing Services

Glambook's Role

The Services enable Clients to make payments and for Professionals to receive them including payments made using eligible banking cards (collectively referred to as the "Networks"). Please note that we do not operate as a bank and do not offer banking services.

Glambook streamlines the payment process for Professionals from Clients by collecting, analysing and communicating payment-related information. We strive to provide secure transmission of information to payment processors, but Glambook cannot be held liable for fees imposed by these third parties, or for any mistakes made in payment processing including errors caused by third-party negligence, faulty transmission of payment details, a client's incorrect payment input, or the submission of incorrect payment information.

‍Authorization

As a Professional you authorise us to hold, receive, and distribute funds on your behalf. This authorization allows us to initiate a paper draft or electronic funds transfer for each payment transaction you authorise. This authorization will remain valid until your account is closed or terminated.

Third Party Payment Service Provider

Professionals must provide their credit card or bank account information to the Company and the third-party payment service provider used by Glambook (the "PSP"). This can be done through the Services or through other means such as submitting a physical card. By using Glambook's payment processing services through the PSP you agree to provide accurate and complete information about yourself and your business and authorise Glambook to share this information and transaction details with the PSP.

Professionals may need to register with the PSP, accept the PSP Account Agreement and the PSP's Terms of Service, and undergo a PSP-mandated screening process to establish their PSP account. Please be advised that the Company is not a party to the PSP Agreement and that the PSP Agreement is between the Professional, the PSP and any other parties listed in the Agreement. The Company has no responsibilities or liabilities under the PSP Agreement.

In case the PSP is Stripe you are subject to the Stripe Connected Account Agreement and the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to use Glambook as a Professional you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe at any time. To use Glambook's payment processing services through Stripe you must provide accurate and complete information about yourself and your business and authorise Glambook to share this information and transaction details with Stripe.

The Company reserves the right, at its sole discretion, to hold any payments from the client for Beauty services and out-of-pocket expenses, or to issue refunds, credits, or arrange for the PSP to do so.

Unauthorised or Illegal Use

We may decline to authorise or complete any transaction that you submit to us, issue a refund for a payment, or terminate your account if we believe, in our sole discretion, that the transaction or your account is in violation of these terms of service or any other Glambook agreement, or poses harm to Professionals, other Glambook Users, the PSP, or Glambook. This harm can include, but is not limited to, fraud or other criminal acts, as determined by Glambook. If we have reason to suspect that your account has been used for unauthorised, illegal, or criminal purposes, you give us permission to share information about you, your account and any transactions with law enforcement. We may ask you for information (including, but not limited to, information about services provided, verifying your identity and copies of relevant professional licences) at any time, for any reason or no reason, as part of our ongoing internal review of transactions and accounts on our Services. This is especially true when we are investigating suspicious transactions and/or accounts. By agreeing to these terms you pledge to promptly provide us with this information and support. Please note that processing payment for a suspicious transaction and/or account may be delayed until Glambook has thoroughly investigated and cleared it, as determined solely by Glambook. If you do not provide the information and support requested by Glambook according to this section, they reserve the right to prevent you from processing further payments through the Services until you have supplied the necessary information and assistance and received clearance from Glambook. If your access to or use of the Services has been restricted or terminated by Glambook, you may not create a new Glambook account or try to access and use the Services through someone else's Glambook account.

‍Payments in cash

The Clients may choose to pay for Beauty Services in cash by selecting "Cash" as the payment method during the appointment request stage. Upon receiving the appointment request the Beauty Professional is notified of the cash payment method. If the appointment is accepted by the Beauty Professional, there are three possible scenarios:

-   If the Professional has an active subscription plan, Glambook does not charge any additional fee;

-   If the Professional does not have an active subscription plan and the Сlient has never visited the Professional before, Glambook withholds a one-time 20% fee of the service cost from the Professional’s Stripe account;

In any case the Client pays the full cost of the Services in cash when the Services are provided. Please note that Glambook does not bear any responsibility for cash payment transactions, including but not limited to issues related to lost or stolen cash, insufficient payment, disputes over payment, or any other liability related to the use of cash as a payment method. It is the responsibility of the Beauty Professional and client to handle cash transactions appropriately.

Payments by bank cards

Glambook accepts most credit, debit or prepaid cards (“Cards”). They may add or remove accepted Cards at any time without notice. In general, only Cards that receive approval from the relevant network and card issuer will be processed. Please note that there may be instances where the Сlient is not the familiarised User of the card or they may dispute the transaction via your bank and/or Stripe rules.

Network Rules

The networks require both you and Glambook to follow all relevant bylaws, rules, and regulations (“Network Rules”). The Network Rules may be amended periodically. As a result, Glambook may need to modify these Terms of Service in accordance with changes to the Network Rules. You can find significant portions of the Network Rules publicly available at www.visa.com, www.mastercard.com, and www.americanexpress.com.

According to the current Network Rules you are not allowed to give cash as part of a Card transaction. The Rules also limit your ability to charge a surcharge or divide a single transaction into multiple transactions, except in certain limited cases. Your use of the network logos is regulated by the Rules and you agree to familiarise yourself with and abide by these requirements.

Access to Account Funds

Bank Account:

As outlined in the payout schedule, we will deposit the amounts received for transactions submitted through the Services (minus any applicable fees) into your verified bank account through PSP. If the bank account you have linked to your PSP account is incorrect and Glambook is unable to debit or credit it, the bank account will be removed from your account.

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7. Taxes and licensing

You are solely responsible for determining and paying any applicable taxes related to your use of Glambook's software and services. Glambook is not responsible for calculating, collecting, reporting, or remitting taxes and specifically disclaims any liability for User taxes. User Tax Information refers to the information that Glambook may require you to provide for tax purposes, including but not limited to your tax identification number, your  name, and your address. This information may be required by law and is necessary for Glambook to properly report your earnings to the relevant tax authorities.

In summary, you are responsible for determining and paying any taxes incurred in connection with your use of Glambook's software and services. Glambook may require you to provide accurate User Tax Information and may prohibit you from processing additional payments or defer delivery of earned payouts if such information is not provided.

Glambook is not responsible for any issues related to payouts that are refunded. You need to provide to your tax authorities, including but not limited to: your name, address, tax number, the total amount of payments you received, in accordance with applicable legislation of your country.

In case you need to obtain a licence to provide services in accordance with applicable legislation of your country or state, Glambook is not responsible for any licensing activity in connection with providing the services. Glambook does not provide any consulting services for Professionals on licensing.

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8. Refunds and Returns

When you use Glambook to process card transactions you agree to handle returns and refunds for your goods or services through your account in line with these terms of service and the network rules. To ensure a fair process your return or cancellation policy must be disclosed to clients at the time of purchase and cash refunds can only be given if required by law. When you agree to process payments with Glambook, you promise to handle returns and issue refunds for your goods or services following the guidelines in these Terms of Service and Network Rules. Your return policy must be fair and must be communicated to the clients at the time of purchase. Cash refunds are not allowed, unless it's required by law, and you cannot accept cash or any other form of payment for processing a refund on a card sale.

Refunds must cover any taxes that need to be returned and should not exceed the original sales amount, unless it's to reimburse the Client for their shipping costs. If you're accepting returns and exchanging merchandise that isn't of equal value, you need to give a credit for the returned item and complete a new sale for any new items. Note that even if your return policy doesn't allow returns or isn't satisfactory to the client, you may still receive a chargeback for that sale.

As a Glambook user accepting payment card transactions, you are expected to process returns, refunds and adjustments in accordance with the Company's Terms of service and network rules. You must maintain a fair and transparent return or cancellation policy, and you are not allowed to provide cash refunds unless it is required by law. Additionally, you are not allowed to accept cash or any other form of compensation for preparing a refund for a card sale.

The refund or adjustment must include the applicable taxes and should not exceed the amount shown on the original sales data, except for the exact amount required to reimburse the Client for postage. If you are accepting a return of merchandise that has a different sales price, you must issue a credit for the returned merchandise and complete a new sale for the new merchandise.

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9. Liability for Chargebacks and Fraudulent Actions

If a transaction is disputed, reversed, or unauthorised, it may be charged back to your Account. This is known as a "Chargeback." This can occur if the Network, processor, financial institution, or client disputes the transaction, or if there is reason to believe that the transaction was not authorised or is in violation of these Terms of Service.

By using Glambook's services, you agree that you will not engage in any fraudulent activities and understand that Glambook will not be held responsible for any losses caused by fraudulent actions. If you become aware of any fraudulent actions affecting the services, you will immediately notify Glambook. Glambook reserves the right to close the account of any user who engages in fraudulent activities.

Glambook Collection Rights for Chargebacks

In case a transaction results in a Chargeback, Glambook may hold back the amount of the Chargeback in a reserve. This amount along with any related fees, fines or penalties listed in the fee schedule or imposed by bank or processor can be deducted from your Account (including the reserve), any payable amounts, your bank account, debit card or any other payment method registered with Glambook. If you have pending Chargebacks, Glambook may hold back your payouts. If Glambook reasonably thinks that a Chargeback is likely, it may withhold the amount of the potential Chargeback from the payments that you would otherwise receive under these terms until: (a) a Chargeback is confirmed due to a client's complaint and the funds are retained; (b) the time limit for the client to dispute the transaction according to relevant law or regulation has passed; or (c) Glambook determines that a Chargeback for the transaction will not occur. You will be held responsible for any Chargebacks and must repay the full amount immediately upon request if we are unable to recover the funds. If you do not pay the balance, we may take legal action to recover the funds, and you agree to pay for all related costs and expenses, including attorney's fees.

Excessive Chargebacks

If the number of chargebacks on your account exceeds an acceptable level, Glambook may implement additional controls or conditions on your account. This may include adding processing fees, setting aside funds in a reserve to cover expected chargebacks and fees, delaying payouts, or even terminating or suspending your services. This decision is at the sole discretion of Glambook.

Contesting Chargebacks

In the event of a chargeback, you agree to assist Glambook in its investigation by providing information and documentation as requested. You also allow Glambook to share information about the chargeback with relevant parties, such as the client and their financial institution. If the chargeback is successfully contested, the reserved funds will be released to your account. If the chargeback is not resolved in your favour or you choose not to contest it, Glambook may recover the chargeback amount and any associated fees as described in the terms of service. Failure to assist Glambook in a timely manner during an investigation may result in an irreversible chargeback. Glambook reserves the right to charge a fee for investigating and mediating chargeback disputes, and they will provide notice to you in advance.

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10. Glambook Set-off Rights

You grant Glambook a security interest in your accounts with them and give them the right to set off any amounts owed under these Terms of Service against your accounts. This means that Glambook has the right to use your funds in your accounts with them to repay any debts or obligations you may have to them. You also authorise Glambook to freeze or direct a third party bank holding your account to freeze it to protect their security interest, collection, charge and setoff rights, if necessary. However, this grant of security interest will not apply to accounts for which such grant is prohibited by law.

If you owe Glambook any amount under these Terms of Service, including chargebacks, Glambook has the right to set off the amount owed against any balance in your account. If the amount owed exceeds your balance Glambook may charge or debit your payment instrument or another connected account. You are responsible for paying any fees related to the collection of the debt, including attorney and collection agency fees, in addition to the amount owed. If you fail to pay the debt on demand, it will be considered a breach of these Terms of Service.

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11. Inactive Accounts

You acknowledge that if there is no activity in your Account for a consecutive period of two years, and you have a balance, we may send you a notice via email to the email address associated with your Account. The notice will give you the option of keeping your Account open and maintaining the balance, withdrawing the balance, or requesting a check. If you do not respond to the notice within 30 calendar days, your Account will automatically be closed and the balance will be escheated in accordance with applicable law and, if permitted, transferred to Glambook.

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12. Processing Errors

Glambook will rectify any processing errors it discovers and will credit the account for an incorrect amount received that is less than the intended amount. If an error results in the receipt of more than the intended amount, the extra funds will be debited from the account. If the user does not notify Glambook of a processing error within 30 calendar days of its appearance on the electronic transaction history, it will be considered a waiver of the right to any owed amounts.

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13. Customer Care

The Professional is solely responsible for all customer service issues relating to the goods or services they provide. Meanwhile, Glambook is responsible for customer service issues related to accounts. The Professionals must present themselves as separate entities from Glambook when performing the customer service.

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14. Professional's Loyalty Programs

Glambook is not responsible for the operation or administration of any loyalty programs offered by Professionals including any associated rewards, and has no liability for any issues arising from such programs, including but not limited to, fulfilment of rewards, privacy, or security. Professionals are solely responsible for ensuring that their loyalty programs are operated in a manner that complies with all applicable laws and regulations and any associated terms and conditions.

Glambook Programs

The Company may offer various programs, promotions, opportunities, sweepstakes and contests to its users, referred to as "Glambook Programs". If a User decides to participate in these programs, additional terms and conditions can be found on the Company's website at: www.glambook.com  Glambook has the right to change the terms of these programs at any time by providing notice to the users. However, any changes made will not affect the users retroactively.

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15. Use of the Services; Limitations and Changes to the Services.

Glambook has the right to modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. The User acknowledges that the operation of the Services may encounter technical or other problems and may not necessarily continue uninterrupted, and Glambook is not responsible for these interruptions or errors. Glambook is not obligated to maintain or update the Services or to continue producing or releasing new versions.

We will do our best to ensure the Services are available 24/7, except for: (1) scheduled maintenance, for which we will give at least 8 hours notice; or (2) any outages that are outside of our control, such as natural disasters, government actions, floods, fires, earthquakes, civil unrest, terrorism, labour disputes or failures, or delays from Internet service providers.

As a User of the Services, you are responsible for following all relevant laws and regulations and accept full responsibility for any promotions you offer through the Services.

When you share content or information using Glambook Pro: for Business mobile application, it becomes accessible to everyone including those outside the Glambook community, and we cannot control how they may use it, including the possibility of them reposting or redistributing the information.

We value your feedback and suggestions about Glambook but note that we may use them whether we see them useful. By providing such feedback or suggestions you grant us the right to use them without any compensation to you.

We strive to maintain a safe and spam-free environment on Glambook but cannot guarantee it. To help us to achieve this you agree not to:

-   send unsolicited commercial communications (such as spam) on the Services.

-   gather content or information from Users, or access the Services using automated methods (such as harvesting bots, robots, spiders, or scrapers) without our permission.

-   participate in illegal multi-level marketing practices, such as pyramid schemes, on the Services.

-   upload harmful viruses or code.

-   obtain login information or account IDs or access someone else's account without permission.

-   bully, threaten, or harass any User.

-   post content that is hateful, threatening, pornographic, contains nudity, or includes graphic or gratuitous violence.

-   promote alcohol-related or mature content.

-   use Glambook for any illegal, deceptive, malicious, or discriminatory activities.

-   disrupt the proper functioning of Glambook or the Services, such as through a denial of service attack.

-   assist or promote any violations of these Terms of Service.

To maintain an accurate and up-to-date service for our users and customers, you agree to:

-   keep your registration data and contact information accurate and current.

-   keep your account IDs and information confidential and not share your login information or account IDs or allow anyone else to access your account or take any actions that could compromise the security of your account.

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16. Beauty Professional’s Rating

Your rating depends on your client’s feedback. Clients may leave a review after the appointment has taken place. Once the appointment is marked as completed, clients will receive a notification to leave a review in their Glambook account. They can rate you and leave a written review.

In case you suggest you have received an unfair review, you can dispute it by contacting the Glambook support team. They will investigate the review and take appropriate action if necessary.

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17. Health Information Notice

You should not share any confidential health information with service providers through the Service. The Service is not designed to handle such information. Confidential health information refers to any information related to an individual's physical or mental health, past or present health care services received, or payment for health care services received. Sharing any confidential health information is done at your own risk.

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18. Proprietary Rights

The Service includes content and technology that is protected by copyright, trademark, patent, trade secret, and other laws owned by the Company. The Company holds the intellectual property rights to any parts of the Service that are eligible for protection, including but not limited to design, artwork, logos, functionality, and documentation (known as the "Company Property"). You are not allowed to copy, modify, or reverse engineer any aspect of the Service or the Company Property.

To operate the Service, the Company needs to use your publicly posted Content. By posting, uploading, or submitting content to Glambook, or making it available for public access on Glambook, including any text, images, photos, graphics, audio, or video that may be protected by intellectual property rights (referred to as "Content"), you are declaring that you have full permission to do so. Additionally, you grant Glambook a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, distribute, reproduce, modify, perform in public, display publicly, and create derivative works of such Content in connection with the Service and any services or products related to the Service, regardless of the media used or whether such services or products currently exist or will be developed in the future.

You agree not to post any images containing written text or text overlays as a part of your Content on the Services. You also acknowledge that Glambook reserves the right to remove, hide, or change any images that violate this rule without prior notice. When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer, however, it may persist in backup copies for a reasonable period of time and will not be available to others.

This clause regulates the terms of a limited, revocable licence granted by the Company to its Professional Users to display the Company's logos, trademarks, and other design marks in connection with the use of the Services, promotion of Beauty services offered via the Services, or other uses explicitly permitted by the Company. The licence is non-sublicensable, meaning that it cannot be sublicensed to another party. The Professional Users acknowledge that all derivative designs and artwork utilising the Company's logo or other Company property are the sole property of the Company, and no other rights are granted with respect to the Company property except those granted explicitly in this licence agreement.

You understand that by using the Services, you may be exposed to Content that is offensive, harmful, inaccurate, or otherwise inappropriate. The Company is not responsible or liable in any way for any Content posted on the Services, including any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, uploaded, or otherwise made available on the Services.

You are responsible for all Content that you post to the Services and for any consequences thereof. The Company does not endorse any Content or any opinion, recommendation, or advice expressed therein, and the Company specifically disclaims any and all liability in connection with Content.

By using the Services, you agree not to post any Content that is illegal, false, misleading, defamatory, obscene, threatening, infringing on intellectual property rights, invasive of privacy, or otherwise injurious or offensive to third parties, or in violation of any applicable laws, rules or regulations. The Company has the right, but not the obligation, to remove or edit any Content that violates these Terms of Service, or for any other reason.

The Company's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Copyright Agent

Glambook UG: Klingsorstraße 105b, 12203 Berlin, Germany

Email: [email protected]

The Company may also send occasional promotional or administrative messages to all Users, such as updates on new features, changes to the Terms of Service, or other important information. These messages are considered part of the Services and Users cannot opt-out of receiving them.

By providing their wireless number to the Company and signing up for the Services, Users agree to receive SMS messages from the Company concerning product developments, marketing communications, and other information regarding the Services, as well as reminders for upcoming appointments using a short code text messaging service. Users represent and warrant that each person they register for the Services or for whom they provide a wireless number has consented to receive communications from the Company. The Company may use automated dialling technology to send SMS messages to the wireless number provided. The user agrees to indemnify and hold Glambook harmless from any claims, liabilities, damages, losses and expenses arising from the user's breach of the terms of service. The User consents to receive autodialed text messages from Glambook but can opt-out at any time. Glambook may send newsletters to clients if they opt-in to receive it. Professionals have the option to send SMS and email messages to their clients, but they represent that they have permission from each client to do so and are responsible for adhering to each client's preferences regarding notifications.

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19. Disclaimers

The User understands and agrees that their use of the Services provided by Glambook is at their own risk. The User is fully responsible for their interactions with other users and is advised to take reasonable precautions in all actions and interactions with other Professionals and Clients. Glambook is not responsible for the conduct of any user of the Services, whether online or offline. Glambook is not obligated to screen its users or verify information provided by any user. Glambook reserves the right to monitor disputes between users, but is under no obligation to do so. The User is advised to carefully select the type of information they post through the Services or release to others. Glambook is not liable for the acts or omissions of other participants or users.

Accepting these Terms you confirm that by using the services, you may be sharing personal information and that this information could potentially be accessed by others and used to harm you. Glambook is not responsible for the use of any personal information you share through the services. Additionally, your information may travel through third-party infrastructure that Glambook does not control and Glambook makes no guarantees about the security of this infrastructure.

Glambook and its affiliates, employees, agents, partners, and licensors do not make any warranties regarding the services provided and specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Glambook does not guarantee that the services will meet your requirements or expectations, that your access to the services will be uninterrupted, timely, secure or error-free, that any defects in the services will be corrected, or that the services or any server through which you access the services is free of viruses or harmful components.

Glambook makes no representations or warranties regarding the quality, suitability, reliability, timing, durability, legality or any other aspect of the Beauty services offered or provided by Professionals or requested by clients through the use of its services. The use of the services is at the user's own risk, and Glambook is not responsible for any damage to the user's computer system or loss of data that may result from the download of any material through the use of the services. Glambook does not make any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Any advice or information obtained from Glambook or through the use of the services does not create any warranty not explicitly stated in the terms of service.

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20. Limitation of Liability and Release

Glambook and its affiliates, employees, agents, partners and licensors shall not be liable for any damages whatsoever including direct, indirect, incidental, special, consequential or exemplary damages, even if the Company has been advised of the possibility of such damages, resulting from the use or inability to use the services, Beauty services facilitated by the services, or any interactions between users, including but not limited to staking, harassment, acts of violence, or any dispute with any user. The Company shall not be responsible for any unauthorised access to or alteration of the services or your data transmissions or any other matter related to the services.

The exclusion of warranties and limitations of liability specified in the terms of service may not be enforceable in certain jurisdictions, depending on the laws of that jurisdiction. In such cases  the specific warranties and liability limitations may not apply to you and you may have additional rights under the laws of your jurisdiction.

Glambook is not responsible for any disputes or interactions that may occur between users of the service. If any issues arise, users release Glambook and its affiliates, employees, agents and licensors from any claims or demands related to the dispute. Users are solely responsible for resolving any disputes that may arise from use of the service.

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21. Dispute Resolution

Negotiations

You and Glambook agree to try to resolve any disputes by negotiating for at least 30 days before starting any arbitration or court proceedings. If a dispute arises, you or Glambook must send a written notice to start the informal negotiation process. Your billing address and an email copy to the email address provided to Glambook are the addresses for these notices. Glambook's address for such notices is: Glambook UG, Klingsorstraße 105b, 12203 Berlin, Germany

Arbitration

In case you and Glambook are unable to resolve a dispute through negotiations, all claims arising from the use of the services will be resolved by London Court of International Arbitration (LCIA) by one arbitrator in English language under the LCIA rules. The place of Arbitration shall be London (UK). The governing law of these Terms shall be the law of England and Wales.

Waiver

You and Glambook agree that any arbitration will only address the dispute between the two of you. By agreeing to this you are giving up the right to participate in a class action or representative proceeding. Unless both you and Glambook agree otherwise, the arbitrator cannot consolidate claims from multiple individuals and cannot preside over any class or representative proceedings.

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22. Governing Law

These Terms of Service will be interpreted and governed by the laws of England and Wales disregarding principles of conflict of law.

In case any rule of the Dispute Resolution clause is deemed to be invalid or unenforceable, neither you nor Glambook will opt for arbitration for any disputes that fall within that part of the clause that is found to be invalid or unenforceable. Such disputes will be resolved by a competent court of London, UK. Both you and Glambook agree to comply with the personal jurisdiction of that court.

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23. Indemnification

You agree to defend, compensate, and hold harmless the Company and its affiliates, directors, employees, agents, partners, and licensors from any and all claims, damages, liabilities, costs, and expenses (including but not limited to legal fees) arising from or in connection with:

-   your use of and access to the Services;

-   any Beauty Services facilitated by the Services or any interaction between you and another user;

-   your breach of any term in these Terms of Service;

-   your infringement of any third-party rights, including but not limited to copyrights, intellectual property, or privacy rights; or

-   any claims or damages related to death, personal injury, or emotional distress arising from the use of the Services.

This defence and indemnification obligation will continue even after the termination of these Terms of Service and your use of the Services.

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24. Privacy

The gathering of data and information through the Services from Users and others is governed by our Privacy Policy, which can be found at https://glambook.com/legal/privacy-and-cookie-policy and is included in these Terms of Service (the "Privacy Policy"). By using the Services, you agree to the collection and usage of such data and information as outlined in the Privacy Policy.

When using the Services, you may receive information about Clients or other third parties. You must maintain the confidentiality of this information and only use it for the purposes of the Services. You are not allowed to reveal or share this information with any third party or use it for marketing purposes unless you have obtained the express permission from the Client or relevant third party.

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25. Security

We have to put in place technical and organisational measures to protect your personal information from accidental loss and unauthorised access, use, alteration, or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to bypass these measures or misuse your personal information. You acknowledge that you are providing your personal information at your own risk.