Watalook - Užsisakyk grožio paslaugas internetu 24/7
TERMS OF USE
Last update: June 2022
Please read this Cooperation Policy with the Service Provider carefully before using the Services of the Site, as it will govern the Service Provider's relationship with the owner of the Site. If you do not agree to this Service Provider Policy, you cannot use the Site Services.
DEFINITIONS OF THE TERMS
Beauty Salon - an entity that, by registering on the Site, has the right to create a Watalook Studio and to receive the Service described in the ‘Cooperation Policy with beauty salons’;
Service Provider - a person who is registered on an App and has the right to create a Personal Page (as defined in the Terms & Conditions), advertise the provided beauty services;
Website – a website for beauty services search, advertising and ordering and administration options www.watalook.com;
App – App for searching, advertising and ordering and administration of beauty services on the website www.watalook.com in mobile devices;
Owner of the Site – UAB Telas, a private limited company established in the Republic of Lithuania, legal entity code 304139032, address for correspondence – Republic of Lithuania, Kaunas municipality. Kaunas city, Maironio g. 26B.
VAT – value-added tax as defined in the Law on Value Added Tax of the Republic of Lithuania is applied in the Republic of Lithuania.
Confidential information – information about the other party to the Agreement, its marketing plans, customers, businesses, business plans, finances, technologies or affairs.
Registered Visitor – a person who is registered on the Website and/or Mobile Application and has the right to use the search and ordering services for beauty services;
Monthly fee – a monthly fee of EUR $19.83 + VAT paid to the Site Owner every 30 (thirty) calendar days, for which the Site Owner undertakes to provide the Services to the Service Provider as defined in Clause 1 of the Agreement;
Payment service provider – a person who complies with the concept specified in Article 1 (27d), of the Law on Payments of the Republic of Lithuania.
Payment services – a service corresponding to the concept specified in Article 1 (28d) of the Law on Payments of the Republic of Lithuania.
Prepayment Service - payments made by a Registered Visitor in accordance with the procedures set out in these Rules for beauty services provided by the Service Provider.
Agreement – an agreement between the Service Provider and the owner of the Site, to which all the terms of this payment policy apply.
Watalook Studio is a platform which the Website Owner grants the right to use to the Beauty Salon and on which the Beauty Salon is provided with the services listed in the ‘Cooperation Policy with beauty salons’.
OBLIGATIONS OF THE SITE OWNER AND SERVICE PROVIDER
1. The owner of the Site undertakes to provide the following services to the Service Provider for a Monthly Fee (hereinafter - the Service):
1.1. Electronic calendar;
1.2. Reminders sent by the site owner to the Registered Visitor who has registered with him (as defined in the Terms & Conditions) about an upcoming visit via SMS;
1.3. QR code;
1.4. The integration of the Service Provider's account into (i) the social networks Facebook and Instagram, (ii) the search results of the website www.google.com, in which the Profile and services of the Registered Visitor are published and promoted;
1.5. Transfer the registered visitor's contact information already available on the service provider's mobile phone to an App.
1.6. Prepayment Service. Based on this service, the Registered Visitor has the opportunity to pay in advance by bank transfer for beauty services to be provided in the future (at the time of the reserved time for the visit). The Registered Visitor can do this via his/her Personal Page. The Service Provider confirms that he/she is aware of the terms and conditions of this Prepayment Service:
1.6.1. The Service Fee is 3% of the price of the Service Provider's services ordered. The funds shall be transferred to the billing account specified by the Service Provider to the Website Owner after deduction of the 3% fee.
1.6.2. The Registered Visitor's prepayment shall be credited to the broker Stripe Inc. managed by the intermediary and is paid/not paid to the Service Provider under the following conditions:
1.6.3. If the Registered Visitor cancels the visit more than 24 hours before the visit, the paid funds are refunded to the Registered Visitor.
1.6.4. If the Registered Visitor cancels the visit less than 24 hours before the visitor fails to arrive at the agreed time without prior notification (notification less than 24 hours before the visit is equivalent to a cancellation of the visit less than 24 hours before the visit), the funds paid shall be transferred to the Service Provider. In this case, the Website Owner shall not apply the 3% fee referred to on page 1.6.1 of this Policy.
1.6.5. In the event of cancellation by the Service Provider, the funds paid shall be refunded to the Registered Visitor and the Service Provider shall be charged a one-off fee of €2 by the Website Owner for each canceled pre-paid visit as set out in this Policy.
1.6.6. If the Registered Visitor arrives at the confirmed time and is provided with the requested service at the price indicated at the time of registration, the funds are paid, after deduction of the fee referred to in point 1.6.1 above, shall be transferred to the Service Provider once the Service Provider has indicated in his/her account that the service has been rendered and has confirmed the actual price of the services provided.
1.6.7. If the actual price of the services provided is higher than the price paid in advance, the Service Provider undertakes to adjust the amount in its account by midnight (24:00) of the same day. The 3% fee shall be recalculated following the newly indicated price of the services provided. If the Service Provider fails to adjust the price of the services provided by the deadline set out in this clause, the Website Owner will consider that the price of the services has been following the price indicated in the order.
1.6.8. If the actual price of the services rendered is lower than the price paid in advance, the Service Provider undertakes to contact the Website Owner by midnight (24:00) on the same or the next working day, in addition to adjusting the amount of the price in its account, and to contact Watalook Workspace to inform it of the lower price of the services rendered. In this case, the Service Provider shall be paid the actual price of the services provided, less a 3% tax, and the remaining amount shall be refunded to the Registered Visitor.
1.6.8.1 . If the Service Provider does not adjust the price of the services provided to the Registered Visitor in his/her account within the time limit set out in this clause, the Registered Visitor shall contact the Service Provider directly for the refund of the remaining funds, and the Website Owner shall not be liable for ensuring that the Service Provider will make the refund of the funds. In this case, the Website Owner reserves the right to withdraw the Service Provider's right to use the prepayment function without prior notice.
1.6.9. The Service Provider also undertakes to carry out a "know your customer" procedure to confirm the identity of the Service Provider and to confirm that the information provided by the Service Provider concerning the application and use of the marketing campaign is correct.
1.6.10. The Website Owner shall make the advance payments, net of the fees charged to the Service Provider, on the 1st and 16th of each month.
1.6.11. When the amount due reaches €100, the Page Owner shall activate a function in the Service Provider's account whereby the Service Provider shall be able to request the Page Owner to pay the amount to the Service Provider at any time, and the Page Owner undertakes to make such payment within 1 working day. This amount shall not be reduced to the extent of the Service Provider's existing financial obligations to the Page Owner on the date of its demand and payment for the Service Provider's profile advertising services.
1.6.12. Payments shall be made by the Page Owner by bank transfer to the bank account specified in the Service Provider's account. If no bank account is specified, no payment will be made.
2. The service is provided to the Registered Visitor as a whole, i. e. the registered visitor agrees that in case one of the components of the Service is unnecessary for them and/or they do not use it, there is no possibility to lower the amount of the monthly fee.
3. The Registered Visitor unconditionally agrees that the Monthly Fee is non–refundable if, after payment but before the expiry of the Service, the Service is no longer used and/or required, or the Service the provider's account is deleted at the initiative of the Site Owner or the Service Provider.
4. In exchange for the services provided by the Site Owner, the Service Provider undertakes, in addition to the obligations provided for in the Personal Page Content Policy and the Terms of Use of the Site:
4.1. The Service Provider agrees to pay a Monthly Fee to the Site Owner every 30 (thirty) calendar days. 5 calendar days before the expiry of the Service, the Site Owner will send a notice to the Service Provider that Payment Service Provider will deduct the Monthly Fee from the bank account specified by the Service Provider. If the Payment Service Provider fails to debit the Monthly Fee from the Service Provider's bank account, the Service Provider's account will be temporarily blocked by the Site Owner until the Payment Service Provider debits the funds from the Service Provider's account. From the moment the funds reach the Site Owner, the Service Provider's account is unblocked and can be used again.
4.2. The amount indicated on the invoice corresponds to the amount of the Monthly Fee.
4.3. The Service Provider agrees and declares that it will manage and perform its services following the highest business and service standards. The Service Provider also ensures that it has all the licenses, consents, permits and insurance (if applicable) that it needs to provide the Service Provider’s services.
4.4. The Service Provider is informed that if the Beauty Salon uses the Watalook Studio Platform, the Beauty Salon Administrator or other person obliged or otherwise appointed by the Beauty Salon shall have the right to administer the customer visits of the Service Provider who has agreed to access the Watalook Studio Platform (to schedule customers for visits, cancel visits and otherwise administer) and shall have the right to view the Service Provider's and Service Provider's customer data to the extent necessary for the proper administration of the customer visit. The Service Provider is informed that further information about the Watalook Studio Platform can be found in the Service Provider's ‘Cooperation Policy with beauty salons’.
FULLFILLMENT OF PAYMENTS TO THE SITE OWNER
5. To ensure that all payments are processed securely and following payment laws, the Payment Services are provided to the Service Provider by the Payment Service Provider, and the Payment Services will be governed by a contract which will also define the terms and conditions of the Payment Service Provider‘s provision of services. This agreement will be signed by the Service Provider with the Payment Service Provider before the first Monthly Fee.
6. By agreeing to this Agreement, the Service Provider will not be liable to the Site Owner for any damage caused by Payment Service Provider to the Service Provider in any way.
RESPONSIBILITY
7. The owner of the Site is responsible for the quality, prompt and uninterrupted provision of the Service to the Service Provider for the Monthly Fee received from the Service Provider, i. e. immediately after the Monthly Fee was received by the Site Owner from the Service Provider and that their supply is not interrupted until their expiry, or until the Service Provider's account is deleted, whichever occurs first.
8. Upon expiration of the Service, i. e. 30 calendar days after the Service Provider's payment for the Services received by the Site Owner, an invoice is issued to the Service Provider, which is delivered by e-mail specified by the Service Provider.
9. If the Service Provider or the Site Owner deletes its account before the expiration of the Service, the invoice will be delivered to the Service Provider on the date the account is deleted.
10. The Service Provider shall be responsible for ensuring that, on the date on which the charges are deducted in the bank account specified by him, there is a sufficient balance of funds on the date of the payment service provider to execute their scan and that there are no obstacles to scanning these funds by means used by the Payment Service Provider. Otherwise, the Page Owner performs the steps in 4.1. Clause
CONFIDENTIALITY
11. Each party acknowledges that in the course of the performance of this Agreement, during its period of validity or similarly timing, it may obtain or otherwise become aware of Confidential Information about the other party. Confidential information is the private and confidential information of the other party. The Site Owner keeps confidential all information about the Service Provider's customers (their contacts, ordered services) and the income received by him and undertakes not to disclose this information to third parties unless required by the laws of the Republic of Lithuania.
12. Each party undertakes to ensure at all times that the Confidential Information is kept confidential, to keep all Confidential Information and to ensure that it is kept secure and protected from theft, damage, loss or unauthorized access. As well as not to use, disclose, exploit, copy or modify any Confidential Information, directly or indirectly, at any time during and after the termination of this Agreement without the prior written consent of the owner of the Confidential Information, and not to allow or authorize any third party to do so unless it is for exercising its rights and obligations under this Agreement or required by the relevant authorities of the Republic of Lithuania.
13. The terms and obligations outlined in this Agreement shall not apply to Confidential Information that:
13.1. Is publicly known at the time it is received by the recipient;
13.2. It subsequently becomes public knowledge through no faut of the recipient, its officials, employees or agents;
13.3. The recipient lawfully receives it from a third party without any restriction; or
13.4. It is already known to the Recipient before its receipt under this Agreement.
14. The Recipient may disclose Confidential Information on a confidential basis to the Recipient's professional adviser or in cases where it is required by law, regulation or instruction of a competent authority.
15. Upon termination or expiration of the Agreement, the Confidentiality
FAILURE TO FULFILL OBLIGATIONS
16. If the Site Owner provides poor quality services to the Service Provider and the Service Provider provides the Site Owner with data proving poor quality within a reasonable time, the Service Provider has the right to request a refund in proportion to the period during which the service was of poor quality. The amount of the refund is limited by the amount of the Monthly Fee. The submitted evidence is evaluated and the decision on refund is made within 30 calendar days from the submission of the Service Provider's request. The funds are returned to the same account that was specified by the Service Provider during registration.
17. The Service Provider agrees that the owner of the Site is not and will not be liable for any loss or damage caused to the Visitor, the Registered Visitor, the Service Provider and third parties by malfunctions of the Site and/or the Services.
18. In no event shall the owner of the Site be liable for any inappropriate or poor quality services provided by the Service Provider advertising the Site. The Service Provider assumes full responsibility for any damages or losses of any kind that may occur to the visitors of the Site and/or Registered Visitors and/or third parties in any way and to the extent of using or using the beauty services provided by the Service Provider.
19. The owner of the Site is not responsible for any disruption of the provision of the Site's services on the Site, including, but not limited to, the provision of the Internet connection, any kind of computer piracy or damage caused by viruses. The Service Provider understands and agrees that the owner of the Site makes no representations or warranties that the Site will operate and the Services will be provided properly and promptly, without interruption, quality, in full or that this will not have any negative consequences for the Service Provider or third parties. The owner of the Site is not and will not be liable for the illegality, discrepancies, inaccuracies or inaccuracies of the content on the Site and the information published (except for information provided by the Site Owner himself) and the resuming negative consequences for the Service Provider or third parties.
20. The owner of the Site shall not be liable for any damages and/or losses that may be incurred by the Service Provider in using the Site and/or Services and in sending, hosting and in any other way transmitting or making publicly available any information.
21. The Service Provider understands and agrees that the owner of the Site following these Terms of Use of the Site, will never be liable for any acts or omissions in connection with the Service Provider's use of the Site and/or Services and compliance with Terms of Use of the Site.
22. The Service Provider undertakes to ensure that the owner of the Site never incurs any legal liability, obligation to pay, indemnify or otherwise compensate for any loss, damage or other expenses incurred as a resume of the Service Provider's use of the Site and/or Services.
23. The Service Provider assumes full responsibility for any damages or losses that may occur to them or third parties in any way to the Visitor and/or the Registered Visitor and/or the Service Provider when using the Site or the Services.
24. The Service Provider understands and agrees that the Site Owner may at any time transfer his rights and obligations arising from these Terms of Use to third parties without the consent of the Visitor, Registered Visitor or Service Provider and without notifying him.
25. If the Service Provider fails to fulfill its obligation to have a sufficient balance in the specified bank account required to debit the Payment Service Provider's means as a fee for the services provided by the Site Owner, the Site Owner reserves the right to delete the Service Provider's account within 3 (three) months.
DISPUTE SETTLEMENT PROCEDURE
26. All disputes arising from the relations between the Service Provider and the owner of the Site shall be resolved following the procedure established by the legal acts of the Republic of Lithuania. Territorial jurisdiction is determined by the location of the Site Owner.
FINAL PROVISIONS
27. The owner of the website has the right to unilaterally change the policy in part or in full at any time. Service Providers will be notified of any changes to the Collaboration Policy on the Site, and Service Providers will be notified of such changes by a notice from the Site Owner to the Service Providers' email address provided during registration on the Site.
28. This Agreement may be terminated at the initiative of the Service Provider by notifying the Site Owner 30 calendar days in advance. Upon termination by the site owner, their account will be suspended and new customers will no longer be able to sign up for visits.
29. The parties agree that Telas has the right to unilaterally change the price of this contract by notifying the other party of this contract no later than 60 days until the price changes. In the event that the service provider does not agree with the price increase set by Telas, he has the right to unilaterally terminate the Agreement by informing Telas in writing.
30. In the event that the Service Provider's account contains orders placed through the Marketplace, these orders must be fulfilled prior to termination of the Agreement. Orders with a term longer than 30 calendar days from the date of the notice of termination must also be fulfilled. In case of important reasons why the said orders cannot be fulfilled, the Service Provider's customers must be notified in writing no later than 48 hours in advance.
31. In case there are orders in the Service Provider's account that the Service Provider has entered "manually" into his account, or his customer has registered for the visit in other ways (with the help of social networks, etc.), etc. y. If the Customer fails to register on the Site, the Service Provider shall not be bound by the obligations specified in Article 18 of this Agreement.
32. In the event that the Service Provider does not agree with the new version of the Payment Policy, such Service Provider has the right to refuse the newly amended Payment Policy. The Service Provider must submit its refusal to the owner of the Site in writing to the e-mail address [email protected], provided that the right to use the services of the Site is lost by submitting the refusal to accept the newly changed Payment Policy. Articles 17 to 19 of the Treaty shall also apply in this case provisions.
33. The Service Provider may contact the owner of the Site at the e-mail address specified in Clause 19 of these Payment Policy Rules for questions and additional information related to this Payment Policy.
34. Additions or amendments to this document take effect from the date of their publication, i. e. from the date they are posted on the Site.
35. If any provision of the Cooperation Policy is unlawful or becomes invalid in whole or in part for any reason, it shall not invalidate the remaining provisions of the Cooperation Policy. In such a case, the Parties to the Cooperation Policy agree to replace the invalid provision with a legally effective rule which, as far as possible, would have the same legal and economic resucom as the amended provision.