Please see our Terms & Conditions for professionals here:
These Terms and Conditions (the “Terms”) govern the access or use by any individual of all systems, context and services made available by Makemeup platform.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THE SYSTEMS COMPRISE AN ONLINE PLATFORM THROUGH WHICH YOU MAY BOOK TREATMENTS DIRECTLY WITH PROFESSIONALS INTRODUCED TO YOU BY MAKEMEUP (AS AN INTERMEDIARY). YOU UNDERSTAND AND AGREE THAT WE ARE NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN YOU AND ANY PROFESSIONAL. ACCORDINGLY WE DISCLAIM ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
“Systems” means MAKEMEUP’s mobile applications and websites provided as part of the Services. “Customers” means users of the Systems. “Professionals” means third party providers of treatments. “Treatments” means any beauty service offered by Professionals to Customers on our Systems. “Services” means the applications, website, content, products and series made available by us, through which Customers can arrange and schedule appointments with Professionals.
2. CONTRACTUAL RELATIONSHIP
2.1. Your access and use of the Systems and the Services constitutes your agreement to be bound by these Terms. If you do not agree to these Terms you may not access or use the Application or the Services.
2.2. In order to use most aspects of the Services, you must register for a personal user account. The data we need to collect and hold from you are: Your Full Name, an active personal email address and active personal mobile.
2.3. By using the Services you hereby agree:
2.3.1. that you are over 18 years of age;
2.3.2. and promise that all information and details provided by you to us (including on registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details at any time via the Systems;
2.3.3. that you will not assign or other transfer your account to another person and that you will not authorise or allow third parties to use your account;
2.3.4. that you will not allow any persons under the age of 18 to receive Treatments from Professionals unless they are personally accompanied by you;
2.3.5. your use of the Services grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to MAKEMEUP Systems) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms;
2.3.6. that you will not use MAKEMEUP: (i) for any unlawful purpose; (ii) in any way that interrupts, damages, impairs or makes MAKEMEUP less efficient; (iii) to transfer files or programs not requested by MAKEMEUP (iv); to access or attempt to access the accounts of other users or to bypass or attempt to bypass any security measures, including, but not limited to, penetration of our Systems (v); to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; (vi) to advertise or promote third party or your own products;
2.3.7. to refrain from doing anything which can be reasonably deemed as disreputable or capable of damaging our reputation;
2.3.8. acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users of MAKEMEUP. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via our website contact information.
2.3.9. that you will comply with all applicable laws;
2.3.10. to make payment in full to any Professional introduced to you through MAKEMEUP for any services provided by such Professionals to you. (you further agree that you may only use the payment methods/platforms available at MAKEMEUP’s Systems to make this payment. As of now, the only payment platform in use by us is Stripe)
2.3.11. to treat any Professional introduced to you through MAKEMEUP with respect and not to cause damage to their professional equipment or use any of the professional products/creams/lotions /glue without the professionals assistance or care.
2.3.12. to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
2.4. We are not responsible for the behaviour, actions or inactions of any Professional which you may use (through MAKEMEUP). Any contract for Treatments is between you and the relevant Professional not MAKEMEUP and we simply provide a platform to introduce Customers and Professionals.
2.5. Unless otherwise agreed by us, in a separate written agreement, the Systems are made available solely for your personal non-commercial use.
3. CHARGES AND PAYMENT
3.1. It is free to generally use the Systems and you will not be charged a commission for using the Services. You will only be charged for Treatments provided by a Professional through the Application (“Charges”).
3.2. The Professionals have appointed MAKEMEUP as their limited payment collection agent solely for the purpose of accepting payments for Treatments provided through the Systems and we will facilitate payment of the applicable Charges on behalf of the relevant Professional, as their limited payment collection agent.
3.3. All Charges are due immediately, including any payment will be facilitated by us using Stripe and the card details registered with us, and which we will store for said purpose .You agree that we may undertake authorisation checks on that card when you first join as well as when you book a Treatment with any Professional.
3.4. Once your Treatment is completed you won’t be able to cancel (since the service has already been provided) and your payment will be taken automatically and is non-refundable. If you have any complaint in relation to a Treatment then that dispute must be taken up with the Professional directly. If you are unable to resolve the dispute with the Professional or you cannot come to an agreement with the Professional, please contact MAKEMEUP and we will try to resolve the dispute.
3.5. In relation to any Treatment organised for you through MAKEMEUP you also agree to pay additional charges as set out in more detail here:
• Cancellation. We reserve the right to charge a cancellation fee if you cancel an order according to the conditions described in our Cancellation Policy.
• Damage: You will be charged at cost for any damage to the Professional.
Such charges will be deducted automatically from the card details provided by you for your account.
3.6. Stripe may charge an added fee for credit card payment /America Express.
4.1. We may terminate these Terms and close any account you have with us by giving you 7 days’ notice in writing by email to your registered email address. We may also terminate these Terms and close your account without notice if you breach any of your obligations under these Terms, if bankruptcy proceedings are brought against you or if you do not pay a court judgment on time.
4.2. We reserve the right to suspend, restrict or terminate your access to the Systems, at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
4.3. You are under no obligation to use the Services and may simply choose to stop using it at any time.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE TREATMENTS (INCLUDING ANY ASSOCIATED GOODS) REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PROFESSIONALS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY TREATMENT REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY PROFESSIONAL, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EURO (€500).OUR SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TREATMENTS WITH PROFESSIONALS, BUT YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TREATMENTS PROVIDED TO YOU BY PROFESSIONALS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
YOU AGREE TO INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES), ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE SERVICES OR TREATMENTS THROUGH YOUR USE OF THE SERVICES; (II) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS; (III) OUR USE OF YOUR CONTENT; OR (IV) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING PROFESSIONALS.
6. PROMOTIONAL CODES (VOUCHERS)
6.1. We may, in our sole discretion, create promotional codes that may be redeemed for discounts for services ordered through MAKEMEUP platform, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (or posted to a public form or otherwise), unless expressly permitted or done by us; (iii) may be disabled by us at any time for any reason without liability to the Client; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. we reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
7.1. Please read our full Competition Rules page before entering into any MAKEMEUP competition. We post the details of all competitions on our blog where the closing date is specified. To enter any MAKEMEUP competition you must be: (a) Resident of Ireland; and (b) 18 years old or over at the time of entry. No purchases are necessary. Competitions are not open to our employees (or members of their immediate families).
8.1. We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another other legal entity. You agree that we may do so provided that this will not adversely affect the standard of service you receive under these Terms. As set out in clause 4.3, you may terminate your agreement with us at any time. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
8.2. If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
8.3. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
8.4. These Terms are not intended to give rights to anyone except you and us.
8.5. We are constantly looking for ways to improve and expand MAKEMEUP. We may amend these Terms from time to time in order to reflect changes to MAKEMEUP in which case we will give you reasonable notice [by email] of any changes to these Terms. You can terminate at any time as set out above.
8.6. We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the Republic of Ireland, where the laws of the Republic of Ireland will apply.
9. CANCELATION POLICY
If the customer requests the cancellation of a booked service, we may choose to charge a fee as per the following rules:
9.1. with at least 12 hours in advance of the scheduled time: There will be no charges.
9.2. between 12 and 2 hours in advance of the scheduled time: A fee of 50% of the full value of the service ordered will be charged, regardless of vouchers applied.
9.3. with less than 2 hours in advance of the scheduled time: A fee will be charged in the full amount of the service ordered, regardless of vouchers applied.
9.4. If the customer was absent or unavailable, with a maximum tolerance of 15 minutes: A fee will be charged in full in the amount of the service ordered, regardless of vouchers applied.
9.5. The professional did not attend or was late, with a maximum tolerance of 15 minutes: There will be no charges.