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Beauticket Platform means:
 www.beauticket.app and our Beauticket app(s).

Beauticket Services means the Beauticket services set out at Beauticket app(s).

Beauticket Business Software means Beauticket ANDROID &IOS app(s).

Beauticket Booking Services means appointment booking services we offer through our Beauticket Platform.

Beauticket Payment Services means payment services we offer through our Beauticket Platform.

We are responsible for letting people make Beauticket Bookings with Online Payments. You appoint us as your commercial agent under these Partner Terms of Business so we can do this for you.

For Beauticket Bookings with Online Payments, we will collect payments from Clients on your behalf. When a client pays Beauticket, this discharges that Client’s debt to you.

For cash-in-store bookings, not available now in platform we’ll either deduct our service charges from what we owe you, or if we can’t do that, we’ll put the amount you owe us on your bill. After performing the services, we check the reservations and send the cost of each reservation to your bank account separately or together after deducting the commission and related costs.

If we owe you, we will transfer this amount to your bank account.

If you owe us money, we will charge the credit card you have provided in the Beauticket Business Software.

The deposited amounts can be downloaded along with the invoice on the platform.

What is covered in these terms?

These are the Beauticket Partner Terms of Business (which is also referred to as the Agreement). Beauticket and Partner may each be referred to as a “party“, or together as “parties“.

We provide a booking platform called the Beauticket Platform, where you can advertise your Partner Services to a range of potential customers. As part of the Beauticket Platform, Partners have a license to use our business management software which comes with a broad range of features.

We offer Beauticket Booking Services, which enables you to manage Client calendar bookings, including with multiple staff and locations, and to manage product inventory.

We also offer additional services, which include more advanced features, including online booking, appointment booking software, payment services, marketing and messaging support and professional services.

You are responsible for the Partner Services which you provide to Clients, and the contract for those Partner Services is between you and the Client. We are in no way liable to Clients for the Partner Services they receive from you.

You have a number of obligations to Beauticket in return for receiving the Beauticket Services.

some important ones are as follows:

You agree to process and supply the Partner Services to the highest industry standards.

You must ensure that you have all licenses, consents, permits, qualifications, authorities & insurances that are required for you to perform the Partner Services.

In respect of Pay Cash In-Store Bookings that is not available now in platform, Beauticket is solely a technology provider and does not act as a commercial booking agent. Clients and Partners can cancel Pay Cash In-Store Bookings until the appointment time, and no contract is created between the Client and the Partner until the appointment takes place.

Confirmation and reminder emails will be sent to Clients via the Beauticket Business Software on behalf of the Partner for each Beauticket Booking. However, the Partner is responsible for providing the Partner Services to the Client and handling any cancellations or rescheduling directly with the Client or via the Beauticket Business Software itself. Beauticket has no further involvement in the Pay Cash In-Store Bookings process and solely provides the technology to facilitate Pay Cash In-Store Bookings to be made.

Beauticket App at the same prices you offer on your own website. You are may offer lower prices or special offers to closed groups of individuals (both online and offline) directly in your salon and on alternative online sales platforms.

You must ensure that all information supplied to your Online Partner Profile is accurate, not misleading and legally compliant.

cancellation and rescheduling terms regarding Beauticket Bookings must comply with Beauticket’s Terms of Service.

You are responsible for the Partner Services which you provide to Clients, and the contract for those Partner Services is between you and the Client. We are in no way liable to Clients for the Partner Services they receive from you.

You have a number of obligations to Beauticket in return for receiving the Beauticket Services. These are set out in detail in the full version, but some important ones are as follows:

You must at all times provide the Partner Services as set out in these Partner Terms (including any supplemental terms you provide to Clients).

How you can reach us

If you want to talk to us, please get in touch with our team, and we’d be happy to help:

• Email:   [email protected]

Age requirements

You must be at least the age of majority or older in your jurisdiction of residence in order to use the Beauticket Services. If you live in a country or area that limits the use of the Beauticket Services because of your age or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits, and you must not use the Beauticket Services, or only do so with your parent or legal guardian’s permission. Please have your parent, or legal guardian read these terms with you.

If you are a parent or legal guardian, and you allow your child or dependent to use these Beauticket Services, then these terms apply to you, and you are responsible for your child’s or dependent’s activity on the Beauticket Platform. 

Your relationship with Beauticket

The following terms define your relationship with Beauticket and give you permission to use all Beauticket Services if you agree to the following terms, which explain how the Beauticket business works and how we partner with you.

What you can expect from us

Beauticket provides Services to enable you to manage Client calendar bookings, manage and add real staff and create discount package and sell them to customers.

In consideration of Partner’s payment of the Service Fees and the Partner performing all of its obligations under this Agreement, Beauticket shall provide the applicable Beauticket Services to the Partner, as further described in this section. 

The Partner understands and acknowledges that Beauticket is a commercial booking agent and does not provide the Partner Services to the Client. The contract for the Partner Services is between the Partner and the Beauticket Client, and as a result, it is the Partner’s responsibility.

In the event of fraudulent or alleged fraudulent activities by the Partner or if Beauticket is required by law, court order, governmental instruction, arbitrational decision or by its cancellation policy to make a refund of all or part of a Beauticket Booking, Beauticket reserves the right to claim a repayment from the Partner of any amount required to be repaid by Beauticket to the Client and for any Bank Charges relating thereto.

How Partners obtain the license for the use of the Beauticket services

Subject to payment of Service Fees (if applicable), the Partner may use the Beauticket Services to process Beauticket Bookings (or direct bookings by Partner Clients) of Partner Services for and on behalf of itself only.

As part of the license terms for the Partner to use the Beauticket Services (including, as applicable, the Beauticket Business Software, the Beauticket Platform, and the Online Partner Profile), the Partner agrees not to do any of the following:

• reproduce, duplicate, copy, sell, resell or exploit the whole or any part of the Beauticket Services;
• allow any third party (including group companies of the Partner) to use or access the Beauticket Business Software without express prior written permission from Beauticket (which may be denied or granted on such terms as Beauticket, in its sole discretion, may determine);
• send unsolicited emails, SMS or other electronic forms of marketing to Clients via the Beauticket Business Software (or otherwise send any direct marketing which does not comply with applicable Data Protection Legislation); or
• disclose, share or resell any login details or passwords for the Services.

How we work with third-party and affiliate websites and applications

Beauticket may publish or promote any information acquired under this Agreement, including calendar availability, business information, service descriptions and prices, on any third-party websites or mobile applications, particularly through the Beauticket App or other application program interfaces (APIs). Beauticket may supply affiliates and other third parties with the Beauticket Widget or other APIs to promote particular Partner Services. Beauticket is not obliged to promote all Partner Services using these third-party and affiliate websites.

How we access and use the content of our Partners

The Partner hereby grants Beauticket, free of charge, a non-exclusive, royalty-free, irrevocable and worldwide right and license (or sublicense as applicable) to use, reproduce, distribute, sublicense, communicate and make available content that Partners publish on the Beauticket Services and for any other purposes which are necessary for Beauticket or required by Beauticket to exercise its rights and perform its obligations under this Agreement. 

The Partner warrants that the Partner owns the Partner Content and/or is otherwise entitled to grant the foregoing license.

Beauticket may sublicense, make available, disclose and/or offer the Partner content to Affiliates and third parties. In no event shall Beauticket be liable to the Partner for any acts or omissions on the part of any third-party platforms. The sole remedy available to the Partner in respect of such third-party platforms is to:

• request Beauticket (which has the right and not the obligation) to disable and disconnect with such third-party platforms in respect of the Partner; or
• terminate this Agreement, in accordance with the Suspending or terminating your access to Beauticket section.

The Partner hereby grants Beauticket the right to:

• remove, edit, cut down or otherwise amend content supplied by the Partner that is published on the Online Partner Profile or elsewhere on the Beauticket Platform or Beauticket Website, including where such content does not, in Beauticket’ s reasonable opinion, comply with the warranties identified in this section, or is otherwise in breach of the terms of this Agreement; and
• use search engine optimization services, pay-per-click advertising, and other mechanisms that embody, incorporate or quote (in whole or part) the trading name of the Partner or any brands used in connection with the Partner Services.

To manage the Beauticket Services (including the Beauticket Platform, Online Partner Profile and any Partner Content), Beauticket may, at its absolute discretion and from time to time, amend the format, content, and style of Partner page descriptions, photos, and service menus.

What we expect from our Partners

The Partner understands and accepts that the Beauticket Services (specifically, the Beauticket partner app and Online Partner Profile, as updated by Beauticket from time to time) are labelled “Powered by Beauticket”, contain Beauticket branding (including logos, trademarks and images), and will give Clients the opportunity to opt-in to receiving email marketing from the Partner and from Beauticket;

The Partner shall safeguard and keep the user account details and password confidential and safely stored and shall not disclose them to any person other than those who need to have access to the Beauticket Business Software and who are aware of the Partner’s obligations to keep those details secure. Partner is solely responsible for managing access to its user account, including by its employees, contractors and other staff.  The Partner shall immediately notify Beauticket of any suspected security breach or improper use, including any use which would breach this Agreement, Beauticket’s reasonable instructions given from time to time and/or applicable law.

In consideration of receiving the Beauticket Services, the Partner agrees to pay all applicable Service Fees to Beauticket and to provide all Beauticket Bookings and process and supply the Partner Services to the highest industry standards and in line with any specific terms and conditions set out in this Agreement, and particularly in this section.

Beauticket booking services

Beauticket provides beauty and wellness Services to make it easy for Clients to book appointments online with you and other participating partners. The Beauticket Booking Services include a standard beauty and wellness services, and Clients may discover, review, and book these Partner Services using the Beauticket Booking Services.

A list of available beauty and health services is provided to business partners, and they can choose the services they offer and add them to the beauticket platform, and they can also edit and update their services.

You appoint Beauticket as your agent to accept Beauticket Bookings made by Clients.

In respect of all Beauticket Bookings with Online Payments, the Partner appoints Beauticket as its agent to collect and process payments (including any applicable taxes and delivery charges) on behalf of the Partner. The Partner remains fully responsible and liable for the provision and supply of Partner Services to Clients.

How we promote our Partners 

Beauticket shall promote the Beauticket Booking Services following this Agreement and subject to the restrictions set forth herein. To maximize the exposure of your business online and the number of appointments scheduled through the Beauticket Booking Services, Beauticket may, at its sole discretion, enter into agreements with third-party websites and businesses to optimize any current or future listings for your business to take advantage of search engine optimization, search engine marketing, lead generation or social networking opportunities, and perform any other actions Beauticket deems appropriate to increase traffic and use of the Beauticket Booking Services. 

Beauticket may promote certain Partner Services through a variety of online and offline channels, including advertising, promotion mediums, social media accounts, search engines, Google, Google AdWords, keyword advertising, Facebook Ads, Twitter, email distribution lists, the Beauticket homepage, email newsletters, third-party marketplaces, business partner websites or mobile applications, or through Beauticket’s affiliates and their networks. Such promotional efforts may include information about the Partner’s business, including its business name, scheduling information, menu, service descriptions, pricing, staff names, staff titles, location, photos, and other data relating to the Partner’s business. 

In addition, from time to time, Beauticket may provide Clients with additional information on Partners subject to the limitations of this Agreement.

Content standards 

Partners are responsible for ensuring that the content listed on the Beauticket Platform is accurate, complete, and at all times not misleading and reflects the Partner’s services, pricing, staff availability, opt-out options, and other content that the Partner provides. . . The partner is obliged to transfer this information to Beauticket at all times by keeping this information up-to-date in its partner account in the Beauticket business software (including calendar availability). Beauticket reserves the right to suspend or terminate Partner accounts if Partner fails to provide Beauticket with this information.

Online Partner profile

Partners are responsible for maintaining accurate and complete information in their Online Partner Profile (including up to date contact information), and where photographs are used, Partners are responsible for ensuring that (i) photos uploaded onto their Online Partner Profile accurately reflect their services and place of business, and (ii) it uses of such photographs complies with applicable law (including Data Protection Legislation). 

Partners can manage and modify the content of their online partner profile through the “Profile” section of the Beauticket Business Software.

The Partner acknowledges and agrees that its Online Partner Profile should not contain any contact details, direct references or links to the Partner or its website, app, platform, tool or other devices, websites, apps, platforms, tools, or other devices of third parties.

Partner profile transparency and consent

The Partner understands and accepts that the Partner must ensure that it has obtained and recorded the consent of each of its employees and contractors to be advertised on the Beauticket Platform. These details include, but are not limited to, details such as name, photograph, expertise, contact details, availability and services offered. If an employee or contractor withdraws this consent, then the Partner must remove their details from the Beauticket Booking Services in a timely manner.

Partner service fulfilment

The Partner shall fulfil their obligation to provide Partner Services for all Beauticket Bookings. In particular, the Partner must honor the Partner Terms of Sale of Beauticket Bookings for their Partner Services, which includes the Deposit Policy, Cancellation Policy.

The Partner must provide all Beauticket Bookings and may only decline to provide Beauticket Bookings in exceptional circumstances. Clients shall receive from the Partner Services described in the Beauticket Booking for the price indicated on the Beauticket Booking. Partners may not impose any extra or additional fees or charges that contradict or otherwise alter the Partner Terms of Sale of any Beauticket Booking unless expressly agreed by the Client. If a client receives Partner Services that are less than the value of the amount paid for the Beauticket Booking, they may be entitled to a refund by the Partner equal to the difference between the value of the service received and the value of the Beauticket Booking.

Payment terms with Clients

Clients using the Beauticket Booking Services may settle the cost of their Beauticket Booking through their choice of payment method accepted by Beauticket, including via the Beauticket Payment Services. Partner agrees that payment made by Clients to Beauticket in respect of the Beauticket Booking absolve the Client of their payment liability, and Partner shall not seek further payment from the Client in connection with that Beauticket Booking. For Pay Cash In-Store Bookings, Partners may accept any payment method they would otherwise accept in their ordinary course of business.

How to handle cancellation of appointments

In respect of Beauticket Bookings, the Partner is obliged to comply with the cancellation and rescheduling policy set out in the Beauticket Terms of Service. In summary and regards to Beauticket Bookings:

• Business partners undertake that they cannot set cancellation rules for the services they provide through the Beauticket platform, and the business partners must follow the cancellation rules that are Beauticket cancellation policy.
• partner may only cancel an Appointment through the Beauticket Platform that Appointment is not due to take place within 24 hours.
• The partner agrees that he cannot charge any fees for the cancellation of Beauticket reservations from the customer or from the beauticket.
• Appointment cancellation is done through support and business partners undertake to contact support if they wish to cancel an appointment. Either via chat or via email.

How to handle disputes and claims from Clients

The Partner shall be directly responsible to the Client for any failure to fulfil the Client’s expectations or any other legal liability regarding the Partner Services.

The Partner shall use its best endeavors to provide top quality Partner Services to all Clients and promptly deal with any sales enquiries, matters or issues relating to Beauticket Bookings or potential Beauticket Bookings, including dealing with Client complaints.

Beauticket shall refer any Client complaints it receives to the Partner, and the Partner shall acknowledge all complaints and respond to the relevant Client within 48 hours of the Partner’s receipt of a complaint, whether the complaint has come directly from the Client or via Beauticket.

The Partner shall make all efforts to resolve any complaints within 14 days and must notify Beauticket (via [email protected] or such other method as Beauticket may notify the Partner of from time to time) of any correspondence between the Partner and the Client relating to the complaint and generally keep Beauticket apprised of its progress and the status of the complaint.

The Partner acknowledges and accepts that the Beauticket Platform and includes a reviewing platform (which may not be opted out from), upon which Clients may post publicly viewable reviews about their experiences with Beauticket and with the Partner (particularly about the Partner Services). The Partner further acknowledges that a selection of reviews from preceding months will also be made available on the Online Partner Profile (if applicable).

The Partner may not attempt to manipulate the reviewing platform, including by submitting reviews for their own Partner Services or by offering a financial or other reward for submitting reviews for their Partner Services, or by submitting inaccurate reviews about other services on the Beauticket Platform.

The Beauticket Platform (including an Online Partner Profile) may from time to time contain negative reviews and/or feedback from Clients, which is outside beau ticket’s control. Partner may choose to reply to reviews about the Partner. Any content the Partner posts in response to user reviews must be polite, professional and non-threatening or confrontational, and it may be subject to review by Beauticket (and may be removed or amended in beauticket’s sole discretion). Beauticket is not obliged to monitor any Client reviews or Partner’s responses. The Partner shall have no right to any remedy (including any right to terminate this Agreement) as a result of any reviews or other public communications of Clients naming or referring to the Partner.

If the Partner, acting reasonably, feels that any public communications of Clients are defamatory or harmful to the reputation of the Partner or any person or in some other way is a violation of any person’s legal rights, the Partner may flag and report such communications to Beauticket. In such case, Beauticket shall review the same and, in its sole discretion, take any action it deems necessary or desirable (including, for example, removing or amending such defamatory content from the Beauticket Platform). 

Beauticket messaging

Beauticket offers a chat system to the chat system providers that they can communicate with customers through the chat system. The use of the chat system is free, but whenever Beauticket deems it appropriate, it can remove it or change it from free mode to a subscription mode or provide a service for a fee.

The content of chat with customers must be in line with the services they provide, and service providers and customers cannot use Beauticket’s chat system for another conversations. Because the policy of the system is clearly defined and Beauticket is not a chat or communication App.

service providers are obliged to respond to customers’ questions or requests through chat when making a reservation from the center. Service providers are not obliged to respond to messages that contain offensive content Threatening, sexist, or receiving photos containing unethical and irrelevant content, and any content unrelated to the service reservation, they must immediately inform the support. Beauticket can at its discretion deactivate the account of users who use the chat system for other related purposes. Whether service providers or customers. Beauticket is not responsible for the content sent by customers. But if any violation is observed, it will be dealt with, service providers are obliged to answer only the questions and issues raised by customers in the chat system. Beauticket has the authority to warn the service provider if the service provider does not respond to the customers, and if it repeats, deactivate the service provider’s career account.

Partner discount package

Partners may create discount packages through their partner’s account in accordance with the guidelines. A partner may share discount packages with third parties and share discount packages on its website(s) and social media platform(s) to promote Partner’s services. Partners may also choose to use messaging and marketing services to share discount packages.

The Partner warrants that it is responsible for managing the discount packages it creates and guarantees that all promotions available through the Partner’s website(s) and any other online marketplace(s) are available as discount packages, on the same or better terms, through the Beauticket Platform.

The partner guarantees that the information and services included in the discount package are completely and truly provided to the customer.

Discount packages are checked by Beauticket after being submitted in the system, and after checking, they are rejected or approved. Discount packages cannot expire for more than 90 days.

Beauticket services

Partners can choose the services that Beauticket has prepared according to their group and categories. Each partner can only provide services related to their center. For example, if the business partner is only a beauty salon, they shouldn’t choose sports services for booking. Of course, if it is a partner of multiple companies, it’s able to do this. Beauticket services, groups, categories are already included in the system and partners can select them, add options such as time and price and the staff needed for those services. The partner cannot choose a service with the name and characteristics of his choice and can only use the services that have been considered in advance. Biotic does not guarantee the ability or inability of the partner to provide services, and it is the partner who, by choosing the service, is responsible for providing those services to the customer. The service selected by the partner will be approved by the support after submission. Beauticket has the right to reject or approve the service at its own discretion. The price and time of service are entered by the service provider and the responsibility of pricing is on the partner.

Beauticket training course services 

Beauticket may, on Partner’s request (as part of the Professional Services, or at any time during its use of the Beauticket Services), provide (or procure that a third party provides) training sessions to Partner regarding how to use the Beauticket Services, as further described below:

• Beauticket and Partner will agree on the Partner venue(s) to receive training, training session(s) per venue, and training time(s), method, and, if applicable, place to deliver the training, subject to Beauticket’s final decision (and following Beauticket’s training best practice, as set out at [insert help center link]);
• Each training session will be up to one (1) hour and may be delivered virtually or in-person, as agreed between Beauticket and the Partners (a “Training Session“);
• Beauticket will notify Partner of any applicable fee for each Training Session (“Training Session fee“) if such Training Session is not provided as part of the Professional Services;
• Each training session may be attended by up to ten (10) of Partner’s staff unless otherwise agreed with Beauticket;
• the Partner agrees that it shall comply with any third-party provider’s terms and conditions relating to the training sessions; and within 45 days of the date Partner accepts these Additional Terms: Training, Partner agrees that it shall book and attend a Training Session.

Training course cancellation and re-scheduling

The Partner may cancel or re-schedule a Training Session with at least twenty-four (24) hours prior written notice. If a Training Session is cancelled or re-scheduled, then the Partner shall incur an additional cost of 50% of the initial Training Session fee, payable before the re-scheduled Training Session being provided.

A Training Session may not be cancelled and/or re-scheduled more than twice; if any Training Session is cancelled and/or re-scheduled more than twice, then the Partner shall incur an additional cost of 100% of the applicable Training Session fee.

If the Partner cancels or re-schedules a Training Session on less than twenty-four (24) hours prior written notice, the Partner will not be refunded for the Training Session and is not entitled to re-schedule the Training Session.

The Beauticket training provider will wait thirty (30) minutes for the Client’s staff at any Training Session (whether virtual or in-person). After thirty (30) minutes, the Beauticket training provider may leave the Training Session, and the Partner will not be refunded for the Training Session and is not entitled to re-schedule the Training Session.

If the Beauticket training provider does not arrive within thirty (30) minutes of the agreed Training Session time, the Partner may re-schedule a new Training Session at a mutually agreed time without incurring additional cost.

Content in Beauticket services

For the purposes of this section, “data controller“, “data processor“, “data subject“, “personal data“, “process“, “processing“, and “appropriate technical and organizational measures” shall be interpreted in accordance with applicable Data Protection Legislation.

Each party shall comply with its obligations under applicable Data Protection Legislation, including when processing Partner Clients’ personal data.

The Partner’s use of the personal data of Partner Clients is undertaken at the Partner’s sole risk, with the Partner being responsible and liable for ensuring it, its employees, its partners and its suppliers’ use fully complies with all applicable Data Protection Legislation.

Beauticket and the Partner each acknowledge that for the purposes of the Data Protection Legislation:

• in respect of Partner Clients’ personal data, the Partner is the data controller, Beauticket is the data processor; and
• in respect of Beauticket Clients’ personal data, the Partner and Beauticket each act as independent data controllers.

The Partner will indemnify and hold Beauticket and its Affiliates harmless against all losses, claims, costs, damages or proceedings suffered or incurred by Beauticket and/or its Affiliates arising out of or in connection with the Partner’s breach of this Content in Beauticket Services section.

This section in its entirety shall survive the termination or expiry of this Agreement.

Independent controllers

Where Beauticket and the Partner are deemed to be independent controllers (including in relation to each party’s direct marketing to Clients), under applicable Data Protection Legislation, each party acknowledges and agrees that it shall:

provide assistance, within a reasonable timeframe, to allow the other party to comply with any data subject rights requests (whether in relation to access to personal data, rectification, restrictions on processing, erasure or portability) to the extent that either party reasonably requires input or assistance from the other party to give effect to such a right, with each party meeting their own costs in doing so;

in the event that either party receives a request from a data protection authority for information relating to this Agreement or the relationship between the parties:

• promptly notify the other unless prohibited by law; and
• provide assistance to allow the other party to comply with any other queries or complaints from a supervisory authority (as defined in Data Protection Legislation) insofar as possible;

the Partner must promptly (and in any event within 24 hours of the Partner or its employees becoming aware of the matter) notify Beauticket of any accidental or intentional damage, alteration, destruction, unauthorized disclosure, loss, misuse or theft of or to the personal data of any Client which the Partner has access to (“Security Incident“). Partner shall provide full cooperation, and prompt assistance to Beauticket in respect of its efforts to (i) investigate, remediate, and mitigate the effects of the Security Incident and (ii) comply with notification obligations to individuals, clients or regulatory authorities;

Partner must not do, or omit to do, and must ensure that its personnel and other representatives do not do or omit to do, anything that would cause (or may be reasonably expected to cause) Beauticket or its Affiliates to be in breach of any provision of any Data Protection Legislation and take all reasonable steps to ensure the reliability of its employees and agents who may have access to the personal data and ensure that such staff and agents are informed of the confidential nature of the personal data and have undertaken training in the laws relating to handling personal data;

Partner agrees to implement and maintain appropriate technical and organizational measures in respect of its processing of the personal data sufficient to comply with the Data Protection Legislation and to protect the personal data against unauthorized or unlawful processing and accidental loss, destruction, damages, theft, alteration or disclosure;

Partner agrees to only process the personal data of Clients to provide the Partner Services to such Clients and, in the case of Clients who have expressly agreed by way of opt-in consent to receiving email marketing from the Partner, for email marketing and in all cases only whilst receiving the Partner Services; and

Partner takes full responsibility (and accepts full liability) for ensuring that such personal data is processed fully in compliance with Data Protection Legislation.

Beauticket as a data processor

Where Beauticket is deemed to be acting as a processor for the Partner with respect to Partner Clients’ personal data under applicable Data Protection Legislation, this Beauticket as a data processor section and the Data Processing Addendum shall apply to such processing; Beauticket may charge the Partner for providing any assistance not expressly specified as a service requirement of Beauticket under this Agreement:

Partner warrants that it will inform each Partner Client how Beauticket will process their personal data. Partner undertakes to promptly update its website privacy policy or other Partner Client literature with any information reasonably requested by Beauticket to assist each party in compliance with Data Protection Legislation.

Beauticket rights to access your data

Beauticket shall have access to Partner’s data, including Clients’ personal data (as set out in the Data Processing Addendum) and business information (including Partner’s business license; VAT, GST or other tax registration, and office address), during and after the term of this Agreement.

Beauticket may share Partner’s data, including Client’s personal data, with its payment processing provider(s) and other third parties as set out in the Data Processing Addendum or with any potential or actual investor in or buyer of Beauticket or its assets, or to the extent required to comply with applicable law, including if required to do so by court order or to comply with a regulator or similar governing body.

Partner will have access via the Beauticket Services (i) to Clients’ personal data for the duration term of this Agreement, and (ii) to Partner Clients’ personal data in accordance with the Data Processing Addendum).

Beauticket charges and fees

Subject to payment of Service Fees (if applicable), the Partner may use the Beauticket Services to process Beauticket Bookings (or direct bookings by Partner Clients) of Partner Services for and on behalf of itself only.

The Partner must not apply a surcharge to Clients who make bookings or orders through the Beauticket Platform or Beauticket Services if that surcharge would not be applied to other Partner Clients in the ordinary course of business. For the avoidance of doubt, the Partner is permitted to offer lower prices or discounts to Partner Clients under its own promotional campaigns or loyalty schemes but must not “pass on” Service Fees to Clients who make Beauticket Bookings unless permitted to do so by applicable law.

The Partner shall not solicit Clients to make bookings or orders otherwise than through the Beauticket Platform or Beauticket Services. In other words, if a client expresses an intent or preference to make a Beauticket Booking or Product order, the Partner may not encourage the Client to book or order through other means. In particular, where a Client makes a Beauticket Booking or Product order, and the Partner encourages that Client to cancel it and make a separate booking or order directly with the Partner, the Partner shall be in material breach of this Agreement.

It is a condition of this agreement that Partner will not make any direct or indirect attempt to avoid paying any Service Fees (including, for example, by listing Partner Services for free or with incorrectly low prices (including if pricing information is provided elsewhere), or by fraudulently cancelling a Beauticket Booking and rebooking it). If Beauticket has reasonable grounds to suspect that the Partner has made such an attempt to avoid paying any Service Fees, Beauticket may, without limiting other remedies available to it, withhold and retain any payments due to the Partner under this Agreement.

If a Partner has chosen to receive Beauticket Services which attract Service Fees and wishes to cancel one or more of those Beauticket Services, the Partner must give Beauticket at least 30 days’ notice in writing of its intention to cancel the specified Beauticket Services. The Partner will remain liable to pay any applicable Service Fees for the duration of the notice period.

Beauticket may, in its sole discretion, change the amount of any Service Fees and/or the rate of Commission at any time with 45 days’ prior written notice to the Partner (a “Pricing Change Notice“). The Partner’s continued use of the Beauticket Services after receipt of such Pricing Change Notice will be deemed to be acceptance of the new Service Fee and/or rate of Commission. If a Partner does not agree to a change in the Service Fees, their sole recourse will be to cease using the Beauticket Services pursuant to the Suspending or terminating your access to Beauticket section. The change shall take effect on the expiry of the notice period of the Pricing Change Notice unless Beauticket expressly states a later effective date.

How we pay our Partners

• Reservation’s settlement is paid one by one or pay together.

The payment period is 10 working days.

• the amount will be transferred to the partners’ bank account, After Deducting 20% Commission (Beauticket service commission) + Government Tax (KDV) + Bank Transfer Fee,
• The partner is obliged to complete the reservations in the system on time so that the account for that reservation can be processed by Beauticket as soon as possible. The partner cannot have a claim to receive the amount for the services that have not been completed.
• The service provider is obliged to complete the reservation in the application after completing the request so that the system considers this reservation as a finished reservation.

Payment methods

All payments due from Beauticket to the Partner shall be made via bank transfer using the bank details provided by the Partner to Beauticket in the Beauticket Business application. It is the partner’s responsibility to ensure that these details are correct. Beauticket will only make payments due to the Partner directly to the Partner and cannot make payments to any third party. The Partner shall fully indemnify Beauticket and hold Beauticket harmless against any losses, damages or claims arising out of the Partner’s failure to notify Beauticket of a change of bank account details, including but not limited to any bank charges incurred by Beauticket as a result.

In the event of a dispute between Beauticket and the Partner, any undisputed amount of Service Fees will be paid in accordance with this Payment Methods section to Beauticket. The Partner must notify Beauticket of its disagreement within 10 days of receipt of the Invoice Statement setting out in detail the reason. If the Partner fails to do so, the Invoice Statement shall be deemed accepted by the Partner.

The Partner is responsible for withholding, reporting and remitting correct taxes applicable to the Service Fees in accordance with all applicable laws and the requests of the relevant tax authorities, including for any interest and penalties imposed for late payment or failure to withhold. If required, the Partner shall be solely responsible for agreeing with the relevant tax authorities on the tax treatment of the Service Fees. The Partner shall, on the request of Beauticket, provide copies of tax payment certificates and/or tax exemption certificates. The Partner represents and warrants that it is duly registered with all relevant tax authorities, where applicable.

What we promise you and what you promise us

Beauticket may provide technical support to assist the Partner in using the Beauticket Services by email or via other means at its discretion. Partners do not have a right to technical support unless agreed otherwise with Beauticket in writing.

Beauticket warrants that the Beauticket Services shall be performed with reasonable care and skill and shall materially comply with any description of such service as set out in this Agreement or otherwise made available by Beauticket from time to time.

Except for any express warranties stated herein, no implied conditions, warranties or other terms, including any implied terms relating to satisfactory quality or fitness for any purpose, will apply to the Beauticket Services (including any Beauticket Business Software) or to anything supplied or provided by Beauticket under this agreement. In particular, Beauticket does not warrant:

• that the Beauticket Services will meet the Partner’s specific requirements;
• that the quality of any products, services, information, or other material purchased or obtained by the Partner through the Beauticket Services will meet the Partner’s requirements or expectations;
• that the Beauticket Services will be uninterrupted, timely, secure, contaminant-free or error-free;
• that any information or results that may be obtained from the use of the Beauticket Services will be accurate or reliable; or
• that any errors in the Beauticket Services will be corrected.

As a Partner you consent

The Partner understands and accepts that:

• Beauticket uses third-party vendors and hosting partners to provide the hardware, software, networking, storage, and related technology required to run the Beauticket Business Software, the Beauticket Platform.
• Beauticket shall have administrator access to all parts of the Beauticket Business Software; and
• Beauticket will track, using third-party tools (such as Google Analytics), the Partner’s use of, and the Partner’s employees’ use of, the Beauticket Business Software. The tracking will cover all interactions the user has, including (a) the technical details of the browser and device being used, (b) appointment creation, (b) editing employees, and (d) viewing the calendar. This tracking will assist Beauticket in understanding how the Beauticket Business Software is used by Partners and will allow Beauticket to develop and improve the Beauticket Business Software. The Partner must inform its employees that such tracking will take place, including via bringing Partner’s employees’ attention to references to the tracking in Beauticket’s Privacy and Cookie Policy.

   

As a Partner you warrant

As a Partner entering this Agreement, you represent and warrant that:

•         you will not advertise or offer via the Beauticket Booking Services (i) medicine, including prescription-only medication (including botulinum toxin injections) or any medicine that is licensed by the Medicines and Healthcare products Regulatory Agency, (ii) any procedure, process or activity which is regulated under any applicable law unless Beauticket’s prior express consent has been obtained, or (iii) any other Partner Services which do not comply with applicable law;
•         your business is not engaged in any Prohibited Businesses;
•         all content that the Partner supplies to Beauticket in connection with this Agreement and/or publishes (or provides to Beauticket for publication) on its Online Partner Profile, its Partner Store, the Messaging and Marketing Services or elsewhere on the Beauticket Platform will be accurate in all material respects and shall not infringe any other person’s rights (including Intellectual Property Rights) or be defamatory, unlawful, offensive, threatening, or pornographic or otherwise falling below general standards of taste and decency;
•         you shall comply with all applicable laws and advertising regulations in the marketing, sale and provision of the Partner Services and shall obtain all licenses, consents, authorities, qualifications and insurance it is either necessary or reasonably prudent for the Partner to obtain in respect of all its business activities and personnel (but especially in connection with the provision of Partner Services);
•         any Comprehensive Data is complete, up-to-date, de-duplicated, and accurate, and provided to Beauticket (including enabling access) in compliance with applicable law, and that such provision or access does not breach any other agreement;
•         you comply with applicable Data Protection law, including providing Clients and your staff with all required transparency information about how each of you and Beauticket process the personal information;
•         you are at least eighteen (18) years of age;
•         you are either:
•         a sole proprietor managing a registered business in your local jurisdiction; or
•         an authorized signatory of your duly incorporated business;
•         you are eligible to register and use the Beauticket Services and have the right, power, and ability to enter into and perform under this Agreement;
•         the name identified by you when you registered is your name or business name under which you sell goods and services;
•         any sales transactions submitted by you will accurately describe the products and/or services sold and delivered to a client;
•         you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations;
•         you are not engaged in any of the Prohibited Businesses;
•         you will not use the Beauticket Payment Services, directly or indirectly, for any fraudulent undertaking or in any manner to interfere with the use of any aspect of the Beauticket Booking Services.

In case of concerns or disputes Our right to remove online Partner profiles

We may remove your Online Partner Profile from the Beauticket Platform if we assess, in our sole discretion:

• that the Partner is in violation of applicable law (including any local statutory or regulatory requirements or guidance), has failed to comply with this Agreement, Beauticket’s policies or standards or court order;
• that Partner’s use of the Beauticket Services may be harmful or objectionable to Beauticket, Clients, or third parties:
• that the Partner has a high volume of cancelled appointments or unfulfilled orders through the Beauticket Business Software;
• that the Partner consistently receives low or otherwise negative Client ratings, or responds to such ratings unprofessionally, or
• that your business is not suited for the Beauticket Platform.

If a Partner fails to honor any of its obligations listed above, the Partner shall be considered to be in material breach of this Agreement and may forfeit any payments due to it in connection with that Beauticket Booking.

Where we exercise our right to remove Online Partner Profiles under this section, your access to and benefits from the Beauticket Widget may also be removed.

Suspending or terminating your access to Beauticket

This Agreement commences on the Effective Date and will continue in effect unless terminated in writing on not less than 30 days’ written notice by either party.

Either party shall be entitled to terminate this Agreement with immediate effect by written notice to the other if:

• the other party commits a material breach of any of the provisions of this Agreement, and either that breach is not capable of being remedied or, in the case of a breach capable of remedy, that party fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;
• the other party is in persistent non-material breach (whether remediable or not) of any of the provisions of this Agreement;
• (Where such termination is permitted by law) the other:
• becomes insolvent,
• makes a composition with its creditors,
• an encumbrancer takes possession, or a receiver or administrator is appointed over its undertaking or the whole or a substantial part of any of the property or assets of that other party or an order is made, or an effective resolution is passed for its administration, receivership, liquidation, winding-up or other similar process, or has any distress, execution or other process levied or enforced against the whole or a substantial part of its assets (which is not discharged, paid out, withdrawn or removed within 28 days);
• that other party makes any voluntary arrangement with its creditors or becomes subject to an administration order;
• that other party goes into liquidation (except for the purposes of amalgamation or reconstruction and in such manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other party under this Agreement);
• anything equivalent or substantially similar to any of the foregoing under the law of any jurisdiction occurs in relation to that other party; or the other party ceases or threatens to cease, to carry on business.

For the purposes of this Suspending or terminating your access to Beauticket section, in order for it to be possible to remedy a breach, it must be possible to take steps so as to put the other party into the same position which (save as to the date) it would have been in if the breach had never occurred.

Termination of this Agreement, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination.

Confidentiality

Each party acknowledges that, whether by virtue of and in the course of this Agreement or otherwise, it may receive or otherwise become aware of information relating to the other party, their marketing plans, their clients, customers, businesses, business plans, finances, technology or affairs, which is proprietary and confidential to the other party (“Confidential Information“).

Each party undertakes to maintain and procure the maintenance of the confidentiality of Confidential Information at all times and to keep and procure the keeping of all Confidential Information secure and protected against theft, damage, loss or unauthorized access, and not at any time, whether during the term of this Agreement or at any time after that, without the prior written consent of the owner of the Confidential Information, directly or indirectly, use, disclose, exploit, copy or modify any Confidential Information, or authorize or permit any third party to do the same, other than for the sole purpose of the performance of its rights and obligations hereunder. 

The terms of and obligations imposed by this Confidentiality section shall not apply to any Confidential Information which:

• at the time of receipt by the recipient is in the public domain;
• subsequently comes into the public domain through no fault of the recipient, its officers, employees or agents;
• is lawfully received by the recipient from a third party on an unrestricted basis; or
• is already known to the recipient before receipt hereunder.

The recipient may disclose Confidential Information in confidence to a professional adviser of the recipient or if it is required to do so by law, regulation or order of a competent authority. This Confidentiality section shall survive the termination or expiry of this Agreement.

Our liability

Nothing in this Agreement shall exclude, or in any way limit, either party’s liability:

• for death or personal injury caused by its negligence;
• for fraudulent misrepresentation or for any other fraudulent act or omission;
• to pay sums properly due and owing to the other in the normal course of performance of this agreement; or
• for any other liability which may not lawfully be excluded or limited.

To the maximum extent permitted by applicable law, Beauticket is not liable to or responsible for the quality, safety, or fulfilment of the products or services offered through the Beauticket Booking Services or Beauticket Store. The Partner is responsible for the Partner Services that it provides to Clients. The extent of Beauticket’s liability to the Partner is further detailed in the Indemnity section of this Agreement.

Subject to the first paragraph of this Our liability section, Beauticket shall not be liable (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) (and even if the Partner has advised Beauticket of the possibility of such loss or damage) for any:

• loss of income or profits;
• loss of sales, turnover, revenue, business or opportunity;
• loss of customers, contracts or opportunities;
• loss of damage to reputation or goodwill;
• loss of anticipated savings;
• loss of any hardware, software or data;
• loss or waste of management or other staff time,
• other intangible losses;
• any indirect, consequential or special loss or damage of any kind, howsoever arising and whether caused by tort (including negligence) relating to this Agreement. 

Subject to the first paragraph of this Our liability section, the Partner expressly understands and agrees that as regards its use of the Beauticket Business Software, the Beauticket Platform, Partner Store functionality Beauticket shall not be liable (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any loss, damage, expense or liability (even if the Partner has advised Beauticket of the possibility of such loss or damage) resulting from:

• the Partner’s use of, or inability to use, the Beauticket Business Software, the Beauticket Platform, Professional Services and/or the Online Partner Profile (except for its normal intended purpose);
• unauthorized access to or alteration of the Partner’s transmissions or data;
• statements or conduct of any third party on the Beauticket Business Software, the Beauticket Platform, Professional Services and/or the Online Partner Profile; or
• any adaptation or modification of the Beauticket Business Software, the Beauticket Platform, Partner Store functionality, Professional Services, or integration or combination with any other equipment, software, product or material not supplied by Beauticket, in each case carried out by anyone other than the Beauticket or without Beauticket’s express written consent; or
• any other matter relating to the Beauticket Business Software, the Beauticket Platform, Partner Store functionality, Professional Services and/or the Online Partner Profile.

Subject to the first and second paragraphs of this Our liability section:

• Beauticket’s maximum aggregate liability under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed USD $100 (or the equivalent amount in local currency); and
• Beauticket’s maximum aggregate liability under or in connection with any Additional Service, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the fee paid or payable by the Partner in respect of such Additional Service.

Our liability – Beauticket messaging and marketing services

Without prejudice to the above liability provisions in these Terms, the Partner expressly understands and agrees that as regards its use of the Beauticket Marketing Services, Beauticket shall not be liable (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any loss, damage, expense or liability (even if the Partner has advised Beauticket of the possibility of such loss or damage) resulting from:

• the Partner’s use of, or inability to use, the Messaging and Marketing Services (except for its normal intended purpose);
• any incorrect or accidental content or other information the Partner provides to Clients via the Marketing Services;
• the Partner’s non-compliance with applicable Data Protection Legislation;
• any defect arising in the Messaging and Marketing Services as a result of misuse, willful damage, negligence on the part of anyone other than Beauticket, abnormal operating conditions or any failure by the Partner to follow any instructions of Beauticket as to use;
• any adaptation or modification of the Messaging and Marketing Services, or integration or combination with any other equipment, software, product or material not supplied by Beauticket, in each case carried out by anyone other than Beauticket or without Beauticket’s express written consent; or
• any other matter relating to the Messaging and Marketing Services.

Subject to the above paragraph of this Our liability – Beauticket Messaging and Marketing Services section and without prejudice to the above liability provisions of these Terms, Beauticket’s maximum aggregate liability under or in connection with the Messaging and Marketing Services, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the fee paid or payable by the Partner in respect of the Messaging and Marketing Services.

Our liability – data migration

Beauticket is not responsible for any loss of, damage to, corruption, or other form of personal data breach with respect to any data which is migrated by the Partner, under the Partner’s instructions or otherwise as part of the Professional Services.

Partner agrees it is wholly responsible and liable for the accuracy, completeness and legality of any data provided by the Partner pursuant to the Professional Services and any potential or actual taxation liabilities and / or regulatory penalties which may result from Beauticket’s use of or access to such data.

This Our liability section in its entirety shall survive the termination or expiry of this Agreement.

Intellectual property rights

Subject to the third paragraph of this Intellectual Property Rights section, nothing in this agreement shall cause the ownership of any Intellectual Property Rights belonging to one party to be transferred to the other.

Beauticket and/or its licensors shall, as between the parties, remain the owner of all Intellectual Property Rights in Beauticket’s brands, trademarks and logos, and the Beauticket Services (including the Beauticket Platform, Online Partner Profile, but excluding Partner Content). Except as expressly permitted by or required under this Agreement, Partner may not use any of Beauticket’s Intellectual Property Rights without Beauticket’s prior written consent.

The Partner acknowledges that ownership of all Intellectual Property Rights in or relating to Clients’ feedback and Clients’ personal data in the Beauticket Business Software (including any database rights) shall vest in Beauticket. The Partner irrevocably and unconditionally assigns with full title guarantee all such rights to Beauticket. Beauticket grants the Partner a worldwide, royalty-free, non-exclusive license to use such Intellectual Property Rights to operate its business subject to the Partner’s ongoing compliance with the provisions of this Agreement.

The Partner shall promptly bring to the attention of Beauticket any improper or wrongful use of any Intellectual Property Rights of Beauticket which comes to the Partner’s notice. The Partner shall assist Beauticket in taking all steps to defend Beauticket’s Intellectual Property Rights but not institute legal proceedings of its own accord.

The Partner and/or its licensors shall, as between the parties, remain the owner of all Intellectual Property Rights in the Partner Content.

Indemnity

The Partner hereby agrees to indemnify, keep indemnified and hold harmless Beauticket and its officers, directors and employees, from and against any and all claims, demands, obligations, actual or alleged causes of action and lawsuits and all damages, liabilities, fines, judgments, costs (including settlement costs), expenses associated therewith (including the payment of reasonable legal charges and disbursements) and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis)) and all other reasonable professional costs and expenses arising out of or in connection with any breach by the Partner of any term of this Agreement or arising out of any action brought by any third party relating to the Partner Services provided (or not provided), or actions (or failures to act), of the Partner or any person (other than Beauticket) acting on its behalf, including any action brought in connection with Partner directly or indirectly engaging in any Prohibited Business, any Data Protection Legislation, Intellectual Property Rights, or a Client visit to the Partner’s place of business.

The Partner acknowledges that Beauticket enters into this Agreement for its own benefit but also as an agent for the benefit and on behalf of each of its officers, directors and employees (each an “Indemnified Third Party” and, collectively, the “Indemnified Third Parties“) and that the rights in respect of indemnification set out this Indemnity section shall be rights and benefits of each such Indemnified Third Party (as if, in each case, a party to this Agreement in its own right). Such rights shall be enforceable under this Agreement by Beauticket as agent for each such Indemnified Third Party. Notwithstanding the foregoing, the Partner and Beauticket may agree in writing to amend any provision of this Agreement without the consent of any of the Indemnified Third Parties, even if that amendment affects or will affect the rights conferred on any Indemnified Third Party hereunder. 

This Indemnity section shall survive the termination or expiry of this Agreement.

Miscellaneous

Consent to communication

Beauticket may contact the Partner via e-mail, telephone, SMS or WhatsApp using the contact information provided on the Beauticket Business Software, including in connection with Beauticket Bookings or other questions regarding Beauticket Services and/or the Partner Services.

Change of control

In the event of a change of control or change to the senior management of the Partner, the Partner must bring the existence and terms of this Agreement to the new owner or manager’s attention and inform Beauticket of the relevant new personnel’s contact details.

Notices

Any notice, invoice, or other communication that either party is required to serve on the other party shall be sufficiently served if sent to the other party at the address specified in this Agreement (or such other address as is notified to the other party in writing or by email). Notices sent by registered post or recorded delivery shall be deemed to be served three Business Days following the day of posting. In all other cases, notices are deemed to be served on the day they are received.

Amendments

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities, so, please review our terms regularly.

Nature of relationship

The relationship of the parties is that of independent contractors dealing at arm’s length. Except as otherwise stated in this Agreement, nothing in this Agreement shall or is intended to create a partnership or joint venture between the parties, constitute one party as the agent of the other or give either party authority to make or enter into commitments, assume liabilities or pledge credit on behalf of the other party. Neither party may act as if it were, or represent (expressly or by implying it) that it is, an agent of the other or has such authority.

Successors and assignees

The Partner may not assign, transfer, charge, sub-contract, or otherwise deal with any part or all of this Agreement without the prior written consent of Beauticket (not to be unreasonably withheld, conditioned or delayed).

Rights of third-parties

A person who is not a party to this Agreement has no right to enforce any term of or any rights under or in connection with this Agreement.

Non-waiver of rights

The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right under this Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall, in no way affect that party’s right later to enforce or to exercise it.

No bribery

It is a condition of this agreement that, in pre-contract negotiations and in the exercise of its rights or the performance of its obligations under this agreement, each party shall at all times ensure that it complies with the terms of the Bribery Act 2010 and that it does not commit (or procure the commission of) any breach of that Act.

Severability

If any term of this Agreement is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from this Agreement and shall in no way affect the legality, validity or enforceability of the remaining terms.

Entire agreement

This Agreement contains all the terms agreed between the parties regarding its subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or written. Other than in respect of statements made fraudulently, no other representations or terms shall apply or form part of this Agreement.

Settling disputes, governing law, and courts

This Agreement shall be governed and interpreted in accordance with the laws of England. The parties submit to the exclusive jurisdiction of the English courts to settle any dispute arising out of this Agreement.

 Interpretation

In this agreement (including the introduction and schedules) unless the context otherwise requires:

• reference to a person includes a legal person (such as a limited company) as well as a natural person;
• unless the context otherwise requires, words in the singular shall include the plural and vice versa;
• section and paragraph headings are for convenience only and shall not affect the construction of this agreement;
• reference to “including” or any similar terms in this agreement shall be treated as being by way of example and shall not limit the general applicability of any preceding words; and
• reference to any legislation shall be to that legislation as amended, replaced, extended, re-enacted or consolidated from time to time and to any subordinate provision made under that legislation.