Terms & Conditions for Stylists

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”, “Stylist”) 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. Registration and Entering into Contract

   1. The request for cooperation is submitted by the Stylist by registering to the StylistEye service on basis of a filled-in registration form. The registration information must include the link to the Stylist’s work: i.e. the Stylist’s website, Instagram and/or Facebook, or any other social networking sites.

   2. Within 5 days, StylistEye shall decide on the above-mentioned Stylist’s request and send him/her a proposal of Contract on cooperation

   3. StylistEye may evaluate the Stylist’s expertise and to require additional references and documentation of his/her previous work/activities. StylistEye may refuse to cooperate with the Stylist following the analysis of the submitted documentation or references.

   4. The Stylist is hereby obliged to maintain his/her capacity status in the App up-to-date. The capacity data is represented by the number of orders for the elementary service “Closet Assessment”, which the Stylist is able to deliver during a calendar month.

3. Use of Websites and Apps

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

   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. 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.

   7. 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.

   8. 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.

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

   10. You agree to maintain accurate, complete, and up-to-date information in Your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in Your inability to access and use the Websites and Apps or StylistEye’s termination of these T&C with You.
       The Stylist is hereby obliged to correctly set and maintain his/her status in the App, for the clients to be informed correctly. The App enables the Stylist to work with the following statuses:

       • ready to receive order
       • available for current clients only
       • temporarily unavailable
       • temporarily unavailable – full capacity

4. Processing Orders

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

   2. The order must be closed (finished) 30 days from the date of its acceptation the latest.

   3. The Stylist may decline the order without giving any reason, but he/she is obliged to do so within 48 hours from receival thereof.

5. Remunerations and Payments

   1. The fee for the Services is always charged in the currency of the Stylist’s pricelist.

   2. Should You need to change the currency of Your pricelist that you selected at the time of Your registration, You are obliged to request the change to be performed by the StylistEye company and it shall be done.

   3. StylistEye charges its remuneration in the maximum amount of 20% for every order and the amount of 10% from the remuneration in the affiliate system or the marketing costs. The fee in the amount of 10% shall not be charged to the Stylist who shall bring the Client through a link from his/her website or social networking sites.

   4. Should the Stylist bring the Client into the StylistEye system through a link from his/her website or social networking sites, while the order shall be then executed by another stylist, such Stylist shall receive a brokerage commission in the amount of 10% from the order in question.

   5. The StylistEye company pays the remunerations for the services rendered through the StylistEye system to the Stylist via money transfer to the Stylist’s bank account.

   6. Payments of the stylist’s remunerations for the commissions in the affiliate system for the past month are executed the fifteenth day of the following month the latest via money transfer to the Stylist’s bank account. All orders that were closed within the past calendar month in question are included in the payment for the past month. The minimum amount of transferred remuneration is EUR 50.00 (or equivalent to EUR 50.00 for other currencies). Should the remuneration for the past month be less than this limit, it shall be transferred to the following month.

   7. Remuneration payments to the stylists for the past month are executed the fifteenth day of the following month the latest. All orders that were closed within the past calendar month in question are included in the payment for the past month. The minimum amount of transferred remuneration is EUR 50.00 (or equivalent to EUR 50.00 for other currencies). Should the remuneration for the past month be less than this limit, it shall be transferred to the following month. When the cooperation with the Stylist is terminated, the amount is paid / transferred to the Stylist with no regard to this limit.

   8. In the event the Stylist is registered for VAT payments in the given country, he/she is obliged to inform Us about this obligation. The Stylist who is registered for VAT payments is solely responsible for VAT payments for the applicable orders in his/her country.

   9. In the event the Stylist is registered for VAT in the given country, then Our commission is calculated from the price without VAT for the orders subject to the VAT.

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

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

   12. 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 the Client’s payment card. The payment as such, i.e. withholding the money from the Client’s 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 blocking of the amount on the payment card is immediately processed on our side, but finishing this step depends on the client’s bank and it is beyond our control.

6. 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.

7. 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. 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 exceed three hundred euros (€300).

   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 and Apps.

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

8. Account Termination

   1. The Stylist may ask for termination of the Contract any time. All orders from the clients must be closed at the time when the Stylist submits the request for contract termination.

   2. In the event the Stylist breaches any of his/her obligations, StylistEye is hereby obliged to notify him/her about such fact via e-mail. If the Stylist does not take the appropriate corrective actions, StylistEye may terminate the cooperation with the Stylist by means of termination of this Contract. The Stylist shall be informed about termination of cooperation via e-mail. Should this become the case, the StylistEye operator is obliged to close all outstanding commitments to the Stylist within 30 days from closure of client orders by the Stylist in question. In the event the Contract is terminated, the Stylist is obliged to finish all open client orders within 30 days.

9. 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.