Terms & Conditions for Clients

1. Global Terms and Conditions

   1. StylistEye is a technology platform that brings together service providers with mobile customers, provided by Westico Technologies, SARL (collectively, “StylistEye“, “Westico”, “we”, “us” and “our”), a private limited liability company established in France, having its offices at 231 rue Saint-Honoré, 75001 Paris, France, registered at the Paris Chamber of Commerce under number 810 234 260 (SIREN).

   2. These Terms & Conditions (“T&C”) apply when the user (collectively, “You”, “Client”) use(s) and/or visit(s) our websites and/or our Mobile Application and/or our social networking sites such as on Facebook etc. (all collectively, “Websites and Apps”, “Websites and Apps”)

   3. By clicking the “I AGREE” button, You expressly agree to and consent to be bound by the terms of these T&C. If You do not agree to the terms of these T&C, You may not access or use Websites and Apps.

   4. StylistEye may amend the T&C from time to time. Amendments will be effective upon StylistEye’s posting of such updated T&C at this location or by email diffusion. Your continued access or use of the Websites and Apps after such posting constitutes Your consent to be bound by the T&C, as amended.

   5. These T&C may be complemented by the additionally agreed upon country-specific supplementary provisions from us for the respective country in which You access Websites and Apps.

2. the StylistEye Service

   1. The StylistEye service facilitates mediation of entering into purchase agreements on styling services between You and the Stylist on the account and on behalf of the Stylist. StylistEye is not in any way part of the contractual relationship between You and the Stylist and cannot be held liable for the performance of the intermediated purchase agreement whatsoever.

   2. Acknowledge that we do not provide any services and that all such styling services are provided by independent stylists (third party contractors) who are not employed by StylistEye’s or any of its affiliates.

   3. In order to use Websites and Apps, You must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age, or the age of legal majority in Your jurisdiction (if different than 18), to obtain an Account.

   4. Account registration requires You to submit to StylistEye certain personal information, such as Your name, address, email, banking information and others.

   5. You are responsible for all activity that occurs under Your Account, and You agree to maintain the security and secrecy of Your Account username and password at all times. Unless otherwise permitted by StylistEye in writing, You may only possess one Account.

   6. You are responsible for all activity that occurs under Your Account, and You agree to maintain the security and secrecy of Your Account username and password at all times. Unless otherwise permitted by StylistEye in writing, You may only possess one Account.

   7. Subject to Your compliance with these T&C, StylistEye grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:

      1. access and use the Websites and Apps on Your personal device solely in connection with Your use of the services;

      2. and access and use any content, information and related materials that may be made available through the Websites and Apps.

   8. Except for the costs for using the mobile device (for example connecting costs) the access and use of Websites and Apps is of any charge.

   9. The Websites and Apps may be made available or accessed in connection with third party services and content (including advertising) that StylistEye does not control. StylistEye does not endorse such third-party services and content and in no event, shall StylistEye be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., or Google, Inc. and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if You access the Websites and Apps using Applications developed for Apple iOS or Android powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Websites and Apps in any manner. Your access to the Websites and Apps using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

   10. StylistEye does not guarantee that the Websites and Apps, or any portion thereof, will function on any particular hardware or devices.

   11. The fee for the Services is always charged in the currency of the Stylist’s pricelist. You acknowledge that the prices shown to You in Your selected local currency are provided on basis of a conversion from the Stylist’s pricelist to Your selected local currency and they may slightly differ from the real amount charged to You by Your bank after the processed payment transaction. Likewise, the price limit entered in the application in your local currency is converted to the Stylist’s pricelist currency.

   12. Every order must be accepted or declined by the Stylist in question within 48 hours from receival thereof.

   13. The Stylist may decline the order without giving any reason. In the event the Stylist declines or does not confirm the order, your payment is not processes – the blocking of the amount is cancelled – see article VI. In such case You have to create a new Order and send it to another Stylist.

3. Intellectual property rights

   1. The Websites and Apps and all rights therein are and shall remain StylistEye’s property or the property of StylistEye’s licensors. Neither these T&C nor Your use of the Services convey or grant to You any rights:

      1. in or related to the Websites and Apps except for the limited license granted above;

      2. or to use or reference in any manner StylistEye’s company names, logos, product and service names, trademarks or services marks or those of StylistEye’s licensors.

   2. Any rights not expressly granted herein are reserved by StylistEye and StylistEye’s licensors.

   3. The trademarks, logos, products and services marks (collectively the “Trademarks”) displayed on Websites and Apps are our registered and unregistered Trademarks, other than any third-party intellectual property rights. Our Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

   4. You may not:

      1. remove any copyright, trademark or other proprietary notices from any portion of the Websites and Apps;

      2. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Websites and Apps except as expressly permitted by StylistEye;

      3. decompile, reverse engineer or disassemble the Websites and Apps except as may be permitted by applicable law;

      4. link to, mirror or frame any portion of the Websites and Apps;

      5. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Websites and Apps or unduly burdening or hindering the operation and/or functionality of any aspect of the Websites and Apps;

      6. or attempt to gain unauthorized access to or impair any aspect of the Websites and Apps or its related systems or networks.

   5. User Provided Content: StylistEye may, in StylistEye’s sole discretion, permit You from time to time to submit, upload, publish or otherwise make available to StylistEye through the Websites and Apps textual, audio, and/or visual content and information, including commentary and feedback related to the Websites and Apps, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by You remains Your property. However, by providing User Content to StylistEye, You grant StylistEye a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Websites and Apps and StylistEye’s business and on third-party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.
      You represent and warrant that:

      1. You either are the sole and exclusive owner of all User Content or You have all rights, licenses, consents and releases necessary to grant StylistEye the license to the User Content as set forth above;

      2. and neither the User Content nor Your submission, uploading, publishing or otherwise making available of such User Content nor StylistEye’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

   6. Third-party names, logos and icons identifying third-party products and services referenced herein are the trademarks or registered trademarks of their respective owners.

4. Limitation of liability

   1. If You are using StylistEye’s Websites and Apps in a country where common-law system is also used, You are also bound by all the following in this Section VII (if common-law system is not also used in the country where You are using Websites and Apps, then You are bound by the following only to the fullest extent permitted by applicable law):

   2. StylistEye provides a platform to introduce stylists and clients.Styling services rendered are settled solely between You and the Client. By using the StylistEye Website and App, You are not entering into any Contract whatsoever with Us in regard to Your requirements for styling services. Any remedies that might evolve from the passed-on request for Styling services provided by You relates solely to the contractual relationship between the Client and You. We explicitly do not take any liability for any third parties, such as stylists.

   3. The StylistEye’s Websites and Apps are provided to You “as is” without any warranty whatsoever. StylistEye disclaims all warranties, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. StylistEye makes no express or implied warranties whatsoever. StylistEye shall not be liable in any way for sums owed by a client to a stylist, or by a stylist to a client. In no event shall StylistEye’s total liability to You in connection with the Services for all damages, losses and causes of action

   4. StylistEye disclaims any warranty and does not represent that use of the software will be uninterrupted or error-free or that the software will meet all of Your requirements.

   5. StylistEye reserves the right at any time to modify or discontinue, temporarily or permanently, Websites and Apps (or any part thereof) with or without notice. You agree that we shall not be liable to You or to any third-party(ies) for any modification, suspension, or discontinuance of Websites and Apps.

   6. StylistEye is not liable for the content, and websites of third parties on Websites an Apps.

   7. In the event that StylistEye temporarily or irrevocably discontinues all or part of our services, this circumstance does not constitute a liability.

5. Account Termination

   1. You may choose to finish using the StylistEye services and to terminate Your Account any time, without previous notice given.

   2. We reserve the right to de-activate the username and password to Your Account should we come to the conclusion that You breach any of the provisions stated under these Terms and Conditions.

6. Payments

   1. StylistEye does not provide execution of Your payments and it does not store or process any data regarding Your payment card whatsoever.

   2. StylistEye Websites and App use a payment services provider for execution of payments and a possible storage of data on Your payment card; this provider being the company Stripe Inc., 185 Berry Street, San Francisco, CA94107, USA.

   3. Payment mechanism: after the order is created and the payment is processed in the application, the amount equal to the order amount is only blocked on Your payment card. The payment as such, i.e. withholding the money from Your bank account, is processed only after the order has been confirmed by the Stylist. In the event the Stylist declines or does not confirm the order, the blocking of the amount is cancelled and the payment is not processes. In such case, the cancellation of blocking of the amount on the payment card is immediately processed on Our side, but finishing this step depends on Your bank and it is beyond our control.

7. GENERAL

   1. StylistEye may wish to transfer our rights or obligations or sub-contract our obligations under these T&C to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of service You receive under these T&C.

   2. In the event that a provision within these T&C becomes invalid, unenforceable, or contains a loophole, this shall not impact the validity of the remaining provisions.

   3. Nothing in these T&C will constitute a partnership, agency relationship, contract of employment or any affiliation or association between You and StylistEye

   4. Except as otherwise set forth in these T&C, these T&C shall be exclusively governed by and construed in accordance with the laws of France, excluding its rules on conflicts of laws.