1.1 These Terms and Conditions (the "Terms") are a legally binding contract between you and A.R.E., a company organised under the laws of the State of Michigan, United States of America, operating under the trading name HandSkill Beauty ("HandSkill Beauty", "we", "us" or "our"). The Terms govern your access to and use of the website located at www.handskillbeauty.com, the HandSkill Beauty mobile applications for iOS and Android, and all associated features, tools, content, communications functionality and services made available through them (together, the "Platform").
1.2 By creating an account, ticking the acceptance box presented at registration, accessing the Platform, listing a service, requesting or accepting a Booking, or otherwise using the Platform in any manner, you confirm that you have read and understood these Terms, that you accept them, and that you agree to be bound by them. If you do not accept these Terms in full, you must not create an account and must cease using the Platform.
1.3 These Terms incorporate by reference, and you additionally agree to, the following documents, each of which is published on the Platform and forms part of your agreement with us: the Privacy Policy, the Cookie Policy, the Cancellation, No-Show and Refund Policy, and the Copyright and Intellectual Property Policy. In the event of a conflict between these Terms and an incorporated policy, these Terms prevail except where the incorporated policy expressly states otherwise or where mandatory law requires a different outcome.
1.4 If you are entering into these Terms on behalf of a company, salon, studio, agency or other legal entity, you represent and warrant that you have the authority to bind that entity, and references to "you" include both you personally and that entity, which shall be jointly and severally liable for compliance with these Terms.
1.5 Acceptance of these Terms is recorded electronically. We record the version of the Terms accepted, the date and time of acceptance, and the internet protocol address from which acceptance was given. That record constitutes evidence of your agreement and may be produced in any dispute or proceeding.
1.6 We may amend these Terms from time to time. Where an amendment is material, we will provide notice by electronic mail to the address associated with your account, by in-app notice, or by both, not less than fourteen days before the amendment takes effect, save where a shorter period is required to comply with law, to address a security or fraud risk, or to give effect to a change imposed by a payment provider or application store. Continued use of the Platform after the effective date of an amendment constitutes acceptance of the amended Terms. Where an amendment materially and adversely affects your rights, you may terminate your account before the effective date, and any Bookings already confirmed will be governed by the version of the Terms in force when the Booking was made.
1.7 Section 25 contains an agreement to resolve disputes by binding individual arbitration and a waiver of the right to participate in class or representative proceedings. Section 22 and Section 23 contain important disclaimers and limitations of our liability, including in relation to the conduct of other users and the safety and outcome of services performed in person. You should read those sections carefully.
2.1 In these Terms, the following expressions have the following meanings.
"Ambassador" means a User who participates in the Ambassador referral programme described in Section 13.
"Booking" means a request made by a Client through the Platform for the performance of a Service by a Professional, which becomes a confirmed booking when accepted by that Professional in accordance with Section 9.
"Client" means a User who uses the Platform to search for, request, book, receive or pay for a Service.
"Client Fee" means any fee, charge or surcharge disclosed to a Client at the point of Booking in addition to the Service Price, including any applicable taxes.
"Content" means any text, photograph, video, audio, review, rating, message, service description, profile information, portfolio material or other material submitted to, uploaded to, transmitted through, or made available on the Platform.
"Credit" means the promotional Client credit described in Section 14A, which has no cash value and is not transferable, assignable or redeemable for cash.
"Platform Fee" means the commission of fifteen per cent (15%) of the Service Price retained by HandSkill Beauty in consideration of the provision of the Platform, as described in Section 10.
"Professional" means a User who registers on the Platform in order to offer, advertise or perform Services, including hairstylists, barbers, makeup artists, nail technicians, lash artists, henna artists, skincare specialists, massage therapists and tailors.
"Service" means any beauty, grooming, wellness, personal care or tailoring service offered, arranged or performed by a Professional through the Platform, which is in every case performed in person and away from the Platform.
"Service Contract" means the contract for the performance of a Service formed directly between a Client and a Professional in accordance with Section 9.
"Service Price" means the price for a Service as displayed on the Platform and agreed at the time of Booking.
"Stripe" means Stripe, Inc. and its affiliates, being the third-party payment services provider engaged by HandSkill Beauty, and includes the Stripe Connect and Stripe Express products.
"Talent Scout" means a User who participates in the professional invitation programme described in Section 14.
"User", "you" and "your" mean any person who accesses or uses the Platform, whether as a Client, a Professional, an Ambassador, a Talent Scout or a visitor, and includes any person acting on their behalf.
2.2 In these Terms, headings are for convenience only and do not affect interpretation; the singular includes the plural and the reverse; references to a person include natural persons, bodies corporate and unincorporated associations; the words "including", "includes" and "in particular" are illustrative and do not limit the generality of the words preceding them; a reference to a statute or statutory provision includes that provision as amended, re-enacted or replaced; and references to writing include electronic mail and in-application messaging.
3.1 HandSkill Beauty operates a two-sided technology marketplace. The sole function of the Platform is to enable Clients and Professionals to discover one another, communicate, agree the terms of a Service, arrange a Booking, and settle payment through a third-party payment services provider. HandSkill Beauty is not a party to any Service Contract.
3.2 HandSkill Beauty does not provide, perform, supervise, direct, control, schedule, price or guarantee any Service. It does not employ Professionals. It does not operate a salon, studio, clinic or other place of business at which Services are performed. It does not supply, select, inspect or approve any product, tool, implement, chemical, cosmetic, dye, adhesive, oil, textile or equipment used in the performance of a Service. It does not hold any licence, registration or certification in cosmetology, barbering, esthetics, nail technology, massage therapy or any other regulated occupation, and it does not hold itself out as doing so.
3.3 Professionals are independent contractors who operate their own businesses. Nothing in these Terms creates, and no User shall represent that there exists, any relationship of employer and employee, principal and agent, partnership, joint venture, franchise, fiduciary relationship or relationship of exclusivity between HandSkill Beauty and any User, or between any two Users. Professionals determine, in their sole discretion and without instruction from HandSkill Beauty, whether to accept a Booking, when and where to work, what Services to offer, what prices to charge, what methods, techniques and products to use, and whether to engage assistants or substitutes.
3.4 Professionals are solely responsible for their own business expenses, equipment, supplies, premises, transport, licences, permits, registrations, insurance, employment taxes, income taxes, sales or service taxes, value added tax, social security and pension contributions, and for any obligations owed to any person they engage. HandSkill Beauty does not withhold or remit taxes on behalf of any Professional except where compelled by applicable law or by a payment provider, and does not provide employee benefits of any kind.
3.5 Any tool made available on the Platform that assists Professionals in managing availability, communicating with Clients, presenting portfolios, setting prices, or receiving payment is offered for convenience only. The existence of such tools does not create any right of control by HandSkill Beauty over the manner or means by which a Professional performs a Service, and shall not be construed as evidence of an employment relationship.
3.6 Where HandSkill Beauty removes a listing, suspends an account, moderates Content, or enforces these Terms, it does so to protect the integrity and safety of the Platform and not in exercise of any right of direction or supervision over the performance of Services.
4.1 The Platform is intended solely for adults. You may not create an account, use the Platform, offer a Service, book a Service or receive a Service unless you are at least eighteen (18) years of age, or such higher age as constitutes the age of majority in your jurisdiction of residence. The Platform involves financial transactions and the arrangement of in-person appointments between persons who may not previously have met, and is not suitable for and is not directed to minors.
4.2 By creating an account you represent and warrant that you are at least eighteen years of age and the age of majority where you live, that you have full legal capacity to enter into a binding contract, that you have not previously been suspended or removed from the Platform, and that you are not subject to any sanctions, embargo, or debarment measure administered by the United States, the United Nations, the European Union or the United Kingdom, and are not located in a jurisdiction subject to comprehensive sanctions.
4.3 We may at any time require verification of age or identity, including by requesting a government-issued identification document, and may suspend or restrict an account pending satisfactory verification. Where we become aware that an account holder is under eighteen, we will close the account, cancel outstanding Bookings and delete associated personal information in accordance with the Privacy Policy.
4.4 A Client may not bring a person under the age of eighteen to an appointment as the recipient of a Service, and a Professional may not perform a Service on a person under the age of eighteen arranged through the Platform, save where the Professional and the Client have expressly agreed in writing outside the Platform and the Professional has satisfied itself as to parental or guardian consent and to all applicable legal requirements. Any such arrangement is entirely outside the scope of these Terms and outside the scope of any payment protection, dispute process or other feature of the Platform, and HandSkill Beauty accepts no responsibility for it.
4.5 To use most features of the Platform you must register an account by supplying a full name, an electronic mail address and a password, or by authenticating through Google Sign-In. You may hold only one account of each type unless we consent in writing. Accounts are personal to you and may not be sold, transferred, licensed or shared.
4.6 A Professional account additionally requires the submission of a service listing, a location or service area, pricing, and the creation of a connected payment account with Stripe. A Professional cannot receive payment through the Platform until onboarding with Stripe has been completed and any verification requirements imposed by Stripe or by applicable financial regulation have been satisfied.
5.1 You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted under your account, whether or not authorised by you, except to the extent the activity results from our own failure to implement reasonable security measures.
5.2 You must choose a strong and unique password, must not disclose your credentials to any other person, and must notify us immediately at support@handskillbeauty.com if you become aware of any unauthorised access to or use of your account, any loss or theft of your credentials, or any other breach of security affecting your account.
5.3 All information you provide to the Platform must be true, accurate, current and complete, and you must keep it updated. This applies in particular to your legal name, contact details, service area, availability, pricing, qualifications, licence details and payout information.
5.4 We may, but are not obliged to, verify any information submitted to the Platform. Any verification we perform is limited in scope, is not an investigation, and does not constitute an endorsement, certification or guarantee of any User. Section 22 sets out the position on vetting in full.
5.5 You must not impersonate any person, misrepresent your affiliation with any person or entity, register an account on behalf of another person without authority, or create an account using automated means.
6.1 Many of the Services offered through the Platform are regulated occupations. In the United States, cosmetology, barbering, esthetics, nail technology, eyelash extension application and massage therapy are licensed at state level, and in many states it is a criminal offence to perform such services without a current licence, or to perform them at a location that has not been permitted or registered. Comparable regimes exist across Canada, the European Union, the United Kingdom, and many jurisdictions in Africa, South America and elsewhere.
6.2 Each Professional represents, warrants and undertakes on a continuing basis that: (a) it holds every licence, registration, permit, certification, health and safety approval and business authorisation required by the law of every jurisdiction in which it offers or performs a Service; (b) each such licence and authorisation is current, valid, unrestricted and not subject to any pending disciplinary proceeding; (c) it will not offer or perform any Service that it is not lawfully authorised to perform, including any service that crosses into the practice of medicine, nursing, physiotherapy, chiropractic, dentistry or any other regulated healthcare profession; (d) it will comply with all applicable sanitation, sterilisation, infection control, chemical handling, waste disposal, product safety and consumer protection requirements; and (e) it will notify us immediately if any licence or authorisation is suspended, revoked, restricted, allowed to lapse, or made the subject of an investigation.
6.3 Each Professional must obtain and maintain, at its own cost, professional liability insurance and public or general liability insurance appropriate to the Services it offers and to the jurisdictions in which it operates, with limits that are adequate having regard to the risk of the Services performed, and must provide evidence of that cover on request. Where a Professional performs Services involving chemical processes, injectable or invasive techniques, or manual therapy, the Professional must ensure that its policy expressly covers those techniques. HandSkill Beauty does not provide, procure, arrange or fund insurance of any kind for any User and is not an additional insured under any Professional policy unless separately agreed in writing.
6.4 Professionals must comply with all applicable requirements relating to the disclosure of ingredients and allergens, the use of products approved for professional use in the relevant jurisdiction, the prohibition of banned substances, and, where applicable, the recording of client consultations and patch tests. Professionals must not use any product that is prohibited, recalled, counterfeit, expired, decanted into unlabelled containers, or intended for a use other than that for which it is supplied.
6.5 Professionals must conduct an appropriate consultation before performing any Service, and must offer or require a patch test or sensitivity test in every case where the manufacturer of a product, the standard of the relevant trade, or applicable law requires one, including in relation to hair colour and lightener, chemical relaxers and straighteners, permanent wave solutions, eyelash extension adhesives, brow and lash tints, henna and jagua preparations, chemical peels, and depilatory products. A Professional must decline to perform a Service where the consultation, the patch test result or the Client's disclosed circumstances indicate that performance would be unsafe.
6.6 Professionals must comply with all applicable laws relating to the premises at which Services are performed, including any requirement that a mobile or home-based practitioner hold a separate permit, and must ensure that any premises they use are safe, clean, adequately lit and ventilated, and appropriate for the Service performed.
6.7 A breach of this Section 6 is a material breach of these Terms and entitles HandSkill Beauty to suspend or terminate the Professional's account immediately, to cancel outstanding Bookings, to withhold payouts pending investigation to the extent permitted by law and by the applicable Stripe agreements, and to report the matter to the relevant licensing authority or law enforcement body.
7.1 Beauty, grooming, wellness and personal care services involve the application of chemicals, heat, adhesives, dyes, pigments, sharp implements, manual pressure and other agents to the body. They carry inherent risks, including allergic reaction, anaphylaxis, chemical burn, thermal burn, skin irritation, contact dermatitis, hair breakage or loss, eye injury, nail bed damage, infection, bruising, soft tissue injury, aggravation of an existing condition, and dissatisfaction with an aesthetic outcome. These risks cannot be eliminated even where a Professional exercises reasonable skill and care.
7.2 Before a Service is performed, each Client must disclose to the Professional, accurately and in good faith, all information reasonably relevant to the safe performance of the Service, including any known allergy or sensitivity (in particular to paraphenylenediamine, ammonia, peroxide, latex, acrylate and cyanoacrylate adhesives, essential oils, fragrance or nickel), any skin, scalp or nail condition, any open wound or recent procedure, any pregnancy or breastfeeding, any medication that affects the skin, healing or bleeding, any recent chemical or heat treatment, any prior adverse reaction to a similar service, and any medical condition that could be affected by massage or manual therapy.
7.3 Each Client must comply with any request by a Professional to undergo a patch test or sensitivity test, and must allow the period specified by the Professional or by the product manufacturer to elapse before the Service is performed. A Client who declines a patch test, who supplies inaccurate health information, or who requests that a Professional depart from safe practice, does so at that Client's own risk, and HandSkill Beauty shall have no liability arising from it.
7.4 Each Client must ensure that any location at which a Service is to be performed is safe, lawful, accessible and suitable, must not require a Professional to work in conditions that are unsafe or that expose the Professional to harassment or abuse, and must ensure that any pet or animal is secured. A Professional may decline or discontinue a Service where the location or circumstances are unsafe or inappropriate, and the cancellation provisions in the Cancellation, No-Show and Refund Policy will apply.
7.5 Each Client must follow any aftercare instruction given by the Professional and must seek prompt medical attention in the event of an adverse reaction. A Client who suffers an adverse reaction should notify the Professional and HandSkill Beauty promptly so that, where appropriate, the listing may be reviewed.
7.6 Each Client must attend the appointment at the agreed time and place, must treat the Professional with courtesy, must pay the agreed Service Price through the Platform, and must not solicit any service that is unlawful, sexual in nature, or outside the scope of the Professional's licence.
8.1 A Professional is solely responsible for the content and accuracy of its listing, including service descriptions, duration, technique, products used, prices, travel or call-out charges, service area, cancellation terms and portfolio media. Listings must be accurate, must not be misleading, and must not overstate qualifications, experience, training or accreditation.
8.2 A Professional must not describe a Service using any protected title or professional designation it is not entitled to use, must not claim any medical, therapeutic, curative or health benefit that cannot be substantiated, and must not state or imply that a Service is endorsed, certified, approved or recommended by HandSkill Beauty or by any regulator.
8.3 Prices displayed must be inclusive of all charges the Professional intends to levy, other than optional extras clearly identified as such and any gratuity. A Professional must not require a Client to pay any additional amount at the appointment for a Service already booked at a stated price, except where the Client has requested additional services or a material change in scope and has agreed the additional price in advance through the Platform.
8.4 Each Professional is responsible for determining whether any sales tax, service tax, value added tax, goods and services tax or similar tax applies to its Services, for including or adding such tax as required by law, and for collecting and remitting it to the relevant authority. HandSkill Beauty makes no representation as to the tax treatment of any Service and does not act as tax adviser to any User.
8.5 The Platform may display listings in an order determined by relevance, proximity, availability, rating, responsiveness, completeness of profile and other factors, and may use automated recommendation techniques as described in Section 20. The order in which listings appear is not a ranking of quality, competence or safety.
8.6 We may remove, edit, downrank or refuse to publish any listing that we consider, acting reasonably, to breach these Terms, to be inaccurate or misleading, to be unlawful, or to present a risk to Users.
9.1 A Client makes a Booking by selecting a Service, a Professional, a date and time, and a location, and by submitting the request through the Platform together with valid payment details. A Booking request is an offer by the Client to enter into a Service Contract with the Professional on the terms displayed.
9.2 A Service Contract is formed when the Professional accepts the Booking through the Platform, or where the listing is enabled for instant booking, on confirmation by the Platform. The Service Contract is formed exclusively between the Client and the Professional. HandSkill Beauty is not a party to it, does not assume any obligation under it, and does not guarantee its performance.
9.3 The terms of the Service Contract comprise the Service description, the Service Price, the date, time, duration and location of the appointment, any cancellation terms published by the Professional, and any additional terms expressly agreed between the Client and the Professional through the Platform, subject in each case to these Terms and to the Cancellation, No-Show and Refund Policy.
9.4 Where a Professional operates its own cancellation terms, those terms must be published in the listing before Booking and must not be less favourable to the Client than the minimum standards set out in the Cancellation, No-Show and Refund Policy. Where they are less favourable, the minimum standards in that Policy apply.
9.5 A Professional must honour every Booking it accepts. Repeated cancellation of accepted Bookings, failure to attend, or persistent unavailability may result in reduced visibility, suspension or termination.
9.6 Changes to a confirmed Booking must be agreed by both parties through the Platform. A change agreed off-Platform is at the parties' own risk and may not be recognised for the purposes of the payment protection and dispute processes described in these Terms.
10.1 All payments for Services booked through the Platform must be made through the Platform. Payment is processed by Stripe. HandSkill Beauty does not collect, process, transmit or store full payment card numbers, card verification values or bank account credentials. Those data are collected directly by Stripe and are subject to Stripe's own terms and privacy notice.
10.2 By making or receiving payment through the Platform, you agree to the applicable Stripe terms, which for Professionals include the Stripe Connected Account Agreement and the Stripe Services Agreement. Where a Professional does not accept, or ceases to be bound by, those agreements, or where Stripe declines to onboard or continue to service a Professional, that Professional cannot receive payment through the Platform and its listings may be suspended.
10.3 In consideration of the provision, maintenance and operation of the Platform, HandSkill Beauty charges a Platform Fee of fifteen per cent (15%) of the Service Price on each completed Booking. The remaining eighty-five per cent (85%) is payable to the Professional, subject to any deduction properly made under these Terms, under the applicable Stripe agreements, or as required by law. Payment processing charges levied by Stripe are borne as set out in the fee schedule published on the Platform.
10.4 The Platform Fee is earned on the completion of the Booking and is calculated on the Service Price exclusive of any gratuity. Where a Booking is refunded in full, the Platform Fee attributable to that Booking is also refunded or waived unless the refund arises from the Client's own default, in which case the Platform Fee may be retained to the extent of the amount properly charged.
10.5 We may vary the Platform Fee, introduce a Client Fee, or amend the fee schedule, on not less than thirty days' notice given by electronic mail or in-app notice. A variation does not affect Bookings confirmed before the effective date of the variation. If you do not agree to a variation, your remedy is to cease using the Platform and close your account.
10.6 A Client authorises HandSkill Beauty, acting through Stripe, to charge or place a hold on the payment method provided at the time of Booking for the Service Price, any Client Fee, any gratuity added by the Client, and any amount properly payable under the Cancellation, No-Show and Refund Policy.
10.7 Where the currency displayed to a User differs from the currency of that User's payment method or payout account, conversion is performed by Stripe or by the User's own financial institution at the rate and margin applied by that party. HandSkill Beauty is not responsible for exchange rate movements, conversion margins, or fees charged by a User's own bank or card issuer.
10.8 Gratuities are voluntary, are additional to the Service Price, are passed to the Professional in full, and are not subject to the Platform Fee.
11.1 Funds paid by a Client in respect of a Booking are held by Stripe in accordance with the applicable Stripe agreements pending completion of the Booking. HandSkill Beauty does not take custody or possession of Client funds, does not hold Client funds in its own accounts, does not act as an escrow agent, trustee or stakeholder, and does not transmit money on behalf of any User. All settlement is performed by Stripe as the licensed payment services provider.
11.2 Following completion of a Booking, and on expiry of the review and dispute window published on the Platform, Stripe releases the Professional's share of the Service Price, together with any gratuity, to the Professional's connected account, from which it is settled to the Professional's nominated bank account in accordance with the payout schedule applicable to that account.
11.3 A payout may be delayed, held or reversed where: (a) a Client has raised a dispute in respect of the Booking that remains unresolved; (b) a chargeback, payment reversal or fraud alert has been raised in respect of the payment; (c) verification or documentation required by Stripe or by applicable anti-money laundering, sanctions or tax law has not been supplied; (d) we reasonably suspect fraud, collusion, manipulation of the Platform, or a breach of these Terms; or (e) we are required to do so by law, by a court, or by a competent authority. We will notify the Professional of the reason for any hold and of the steps required to resolve it, save where notification is prohibited by law.
11.4 A Professional is responsible for ensuring that the payout details it supplies are accurate. HandSkill Beauty is not liable for funds misdirected as a result of incorrect payout details supplied by a Professional, or for delay attributable to a Professional's own financial institution.
11.5 Where a chargeback or payment reversal is raised by a Client and is not successfully defended, the amount of the chargeback, together with any fee levied by Stripe or by the card scheme, is the responsibility of the Professional and may be set off against current or future payouts, or recovered as a debt. HandSkill Beauty will provide the Professional with reasonable assistance and with the transaction records in its possession for the purpose of defending a chargeback, but does not guarantee any outcome.
11.6 Where a Professional owes an amount to HandSkill Beauty or to a Client under these Terms, HandSkill Beauty may set that amount off against any sum otherwise payable to the Professional, to the extent permitted by applicable law.
11.7 Unclaimed funds, and funds attributable to a closed or abandoned account, are dealt with in accordance with the applicable Stripe agreements and with applicable unclaimed property law.
12.1 Cancellations, rescheduling, no-shows, late arrivals, service quality complaints, refunds and redress are governed by the Cancellation, No-Show and Refund Policy, which forms part of these Terms and is published at www.handskillbeauty.com.
12.2 A Client who is dissatisfied with a Service must raise the matter through the Platform within the dispute window stated in that Policy. Raising a complaint promptly enables the Professional to respond and, where appropriate, to offer a correction, and preserves the Client's access to the Platform's dispute process.
12.3 HandSkill Beauty may, at its discretion and without accepting liability, facilitate a resolution between a Client and a Professional, including by instructing Stripe to refund all or part of a payment, or by releasing a held payment. Any decision taken in that process is an administrative determination made for the purpose of operating the Platform. It is not an adjudication of legal rights, does not determine liability as between Client and Professional, and does not prevent either party from pursuing any remedy available to it at law.
12.4 A Client must not initiate a chargeback or payment reversal in respect of a Booking without first raising the matter through the Platform and allowing a reasonable opportunity for it to be addressed. Initiating a chargeback in bad faith, or in respect of a Service that was in fact received, is a breach of these Terms and may result in suspension or termination of the account and recovery of the amount charged back together with associated fees.
12.5 Nothing in this Section or in the Cancellation, No-Show and Refund Policy limits any non-excludable statutory right a consumer may have under the law of the consumer's place of residence, including rights under United States state consumer protection statutes, the European Union Consumer Rights Directive as implemented in the relevant Member State, or the United Kingdom Consumer Rights Act 2015.
13.1 HandSkill Beauty operates an Ambassador referral programme under which a User may earn a commission by referring new Users to the Platform. Participation is voluntary, is subject to these Terms and to any additional programme rules published on the Platform, and does not create an employment, agency, partnership or franchise relationship.
13.2 A referral is valid only where the referred person is a genuine new User who registers using the Ambassador's referral link or code, who has not previously held an account, who is not a member of the Ambassador's household, and who completes the qualifying activity specified in the programme rules. Commission accrues only on qualifying transactions actually completed and paid for through the Platform.
13.3 Commission is payable to a single referring Ambassador only. No commission is payable in respect of persons introduced by a referred User, and there is no multi-level, tiered, downline, matrix or genealogy structure of any kind. Nothing in the programme involves the purchase of a participation right, the payment of a joining fee, or a return based on recruitment rather than on completed transactions.
13.4 Commission is subject to clawback, forfeiture, set-off or reversal where the underlying transaction is refunded, cancelled, charged back or reversed, where the referral is found to be fraudulent, self-referred, duplicated or artificially generated, or where the Ambassador has breached these Terms.
13.5 An Ambassador must not: create or use fake accounts; use paid search advertising on terms comprising or confusingly similar to "HandSkill Beauty"; send unsolicited commercial electronic messages in breach of the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, the Privacy and Electronic Communications Regulations, or any equivalent law; post referral links to coupon aggregation sites without permission; make any representation about the Platform, earnings, safety, vetting or outcomes that is untrue or that we have not authorised; or use the HandSkill Beauty name, logo or brand assets other than as we permit.
13.6 An Ambassador who promotes the Platform on social media, in a video, in a blog, in a podcast or in any other public medium must clearly and conspicuously disclose that the Ambassador receives compensation, in a manner consistent with the Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising and with any equivalent requirement in the Ambassador's own jurisdiction. Disclosure must be placed where consumers will see it and must not be buried in a hashtag block, a description that requires expansion, or a link.
13.7 An Ambassador is solely responsible for the reporting and payment of any tax arising on commission earned. Where required by law we, or Stripe, may collect tax documentation, may report payments to a tax authority, and may withhold amounts where withholding is mandatory. Ambassadors resident in the United States who exceed the applicable reporting threshold may receive an information return.
13.8 We may modify, suspend or discontinue the Ambassador programme at any time on reasonable notice. Discontinuation does not affect commission already validly accrued and not subject to clawback.
14.1 HandSkill Beauty operates a Talent Scout programme under which a User may earn a bonus for inviting a beauty professional who subsequently registers as a Professional, completes verification and payment onboarding, and completes the qualifying number or value of Bookings specified in the programme rules published on the Platform.
14.2 The bonus is a one-off payment in respect of each qualifying Professional. It is not a share of the invited Professional's continuing earnings, it does not confer any interest in the invited Professional's business, and it does not entitle the Talent Scout to any payment in respect of professionals invited by the invited Professional.
14.3 A Talent Scout must not misrepresent the terms on which a Professional would operate on the Platform, must not make any statement as to the earnings a Professional can expect, must not offer any inducement other than that published by us, and must not solicit professionals who are subject to a valid restrictive covenant in favour of a third party.
14.4 The provisions of Sections 13.4, 13.6, 13.7 and 13.8 apply to the Talent Scout programme as they apply to the Ambassador programme, and are incorporated into this Section by reference with the necessary changes.
14.5 An invited Professional must satisfy the licensing, insurance and compliance obligations in Section 6 in full. The fact that a Professional was invited under this programme does not reduce, waive or modify those obligations, and does not constitute vetting, verification, endorsement or recommendation by HandSkill Beauty or by the Talent Scout.
14A.1 HandSkill Beauty operates a Client Credit programme comprising a sign-up bonus and a client-to-client referral incentive (together, "Credit"), available to Clients only. Participation is automatic on registration as a Client and voluntary as to referral activity, is subject to these Terms and to any additional programme rules published on the Platform, and does not create an employment, agency, partnership or franchise relationship.
14A.2 Credit is not currency, is not a deposit, does not accrue interest, has no cash value, was not purchased by the Client, and may not be sold, assigned, transferred, gifted, exchanged or redeemed for cash. Credit is a discretionary promotional discount against the Service Price of a future Booking and does not constitute a gift certificate, gift card, stored value instrument or electronic money for the purposes of any applicable law, and is not held by HandSkill Beauty on trust or as an escrow agent.
14A.3 A Client who registers other than through another Client's referral link or code receives a one-off sign-up bonus in the amount published on the Platform. A Client who registers using another Client's referral link or code does not separately receive the sign-up bonus, but instead, together with the referring Client, each receives a referral bonus in the amount published on the Platform once the referred Client completes and pays for a qualifying first Booking through the Platform. A referral is valid only where the referred person is a genuine new Client who has not previously held an account and who is not a member of the referring Client's household.
14A.4 Credit may be applied only to a Booking with a Service Price at or above the minimum threshold published on the Platform, and only up to the Client's available Credit balance. Application of Credit reduces the amount payable by the Client but does not reduce the amount payable to the Professional, who continues to receive the Professional's share calculated on the full, undiscounted Service Price in accordance with Section 10. As between HandSkill Beauty and the Professional, the cost of Credit applied to a Booking is borne by HandSkill Beauty.
14A.5 Referral bonuses earned by a single Client are subject to a lifetime cap in the amount published on the Platform. We may vary the sign-up bonus, the referral bonus, the minimum redemption threshold and the lifetime cap on reasonable notice, and a variation does not reduce Credit already validly granted.
14A.6 Credit currently does not expire. We may in future introduce an expiry period on reasonable prior notice, consistent with applicable law governing the expiry of stored value or promotional balances, and any such change will not apply retrospectively to Credit already granted without the additional notice required by law.
14A.7 Credit, and the right to earn it, is subject to clawback, forfeiture, set-off or reversal where the Booking that gave rise to it is refunded, cancelled, charged back or reversed, where the referral is found to be fraudulent, self-referred, duplicated, or generated using multiple or fake accounts, or where the Client has breached these Terms. We may withhold or reverse Credit pending investigation of a suspected breach of this Section.
14A.8 The Client Credit programme is separate from, and does not affect, the Ambassador programme in Section 13 or the Talent Scout programme in Section 14. A Client's participation in the Client Credit programme does not entitle that Client to any payment in respect of a Professional referred, which is dealt with exclusively under Section 14.
14A.9 Credit is provided as a promotional discount against the price of a future Service and is not intended to constitute taxable income to the recipient. This Section is not tax advice, and a Client should seek independent advice if in doubt as to the tax treatment of Credit in the Client's own jurisdiction.
14A.10 We may modify, suspend or discontinue the Client Credit programme at any time on reasonable notice. Discontinuation does not affect Credit already validly granted and not subject to clawback under Section 14A.7, save that we may set a final date after which unredeemed Credit ceases to be redeemable, given on reasonable notice and consistent with applicable law.
15.1 The Platform is provided on the basis that Bookings sourced through it are transacted through it. Users must not use the Platform to identify a counterparty and then arrange, perform or pay for a Service outside the Platform with the intention, or with the effect, of avoiding the Platform Fee.
15.2 Accordingly, a User must not: solicit or accept payment for a Service booked through the Platform by cash, bank transfer, peer-to-peer payment application, or any means other than the Platform; offer a discount conditional on transacting off-Platform; or exchange telephone numbers, messaging handles, electronic mail addresses, social media identifiers or payment details in the in-app messaging system before a Booking is confirmed, where the purpose of doing so is to transact off-Platform.
15.3 Exchange of contact details after a Booking is confirmed, for the purpose of coordinating the appointment, is permitted and expected. Nothing in this Section prevents a Professional from serving a client whom the Professional had an established relationship with before that client joined the Platform, or from operating an independent business through other channels.
15.4 A User who transacts off-Platform in breach of this Section loses the benefit of the payment protection, dispute facilitation, record-keeping and messaging evidence that the Platform provides, and does so entirely at that User's own risk. HandSkill Beauty has no involvement in, responsibility for, or liability in respect of any off-Platform arrangement.
15.5 Where we identify a breach of this Section we may issue a warning, restrict messaging, suspend or terminate the account, and, in the case of a Professional, recover the Platform Fee that would have been payable on the circumvented Booking as a debt or by set-off against future payouts.
16.1 You retain ownership of all Content you submit to the Platform. Submitting Content does not transfer ownership of it to us.
16.2 You grant HandSkill Beauty a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable licence to host, store, cache, reproduce, adapt for technical purposes, resize, reformat, transcode, translate, publish, publicly display and distribute your Content, in each case solely for the purposes of operating, providing, securing, improving and promoting the Platform. The licence continues for so long as the Content remains on the Platform and for a reasonable period thereafter to the extent necessary for backup, dispute resolution, legal compliance and the removal of cached copies.
16.3 The licence in Section 16.2 extends to the use of Content in marketing and promotional material published by HandSkill Beauty, including on social media, provided that we will not use a Client's personal photograph in marketing without that Client's separate consent, and provided that a Professional may withdraw consent to promotional use prospectively by written notice to support@handskillbeauty.com.
16.4 You represent and warrant that you own or hold all rights necessary to grant the licence in this Section, and that your Content does not and will not infringe any copyright, trade mark, design right, database right, right of publicity, right of privacy, moral right, confidentiality obligation or other right of any person.
16.5 A Professional who uploads a photograph or video depicting an identifiable person must first obtain that person's informed written consent to the capture, upload, publication and promotional use of the image, including consent to processing under applicable data protection law. That consent must be obtained separately from the performance of any Service and must not be a condition of receiving a Service. A Professional must retain evidence of consent and must provide it to us on request, and must promptly remove any image where consent is withdrawn.
16.6 Content must not be used to depict a result that the Professional did not personally achieve, must not be edited, filtered or retouched in a way that materially misrepresents the outcome of a Service, and must not be taken from another practitioner, from a stock library without licence, or from the internet.
16.7 We do not pre-screen Content and are under no obligation to monitor it. We may, but are not required to, remove, refuse, restrict, downrank or disable access to any Content that we consider, acting reasonably, to breach these Terms or applicable law. Removal of Content is without prejudice to any other remedy.
16.8 Complaints of copyright or trade mark infringement are dealt with under the Copyright and Intellectual Property Policy, which sets out our notice and counter-notification procedure and our repeat infringer policy.
17.1 Clients may leave a review and a rating in respect of a completed Booking. Reviews assist other Users and are an important safeguard on a marketplace of this kind.
17.2 A review must be based on the reviewer's own genuine and recent experience of a Service actually received through the Platform, must be honest, must not contain a statement of fact the reviewer knows to be untrue, and must not contain material that is defamatory, abusive, discriminatory, obscene, threatening, or that discloses another person's personal information.
17.3 It is prohibited to write, solicit, purchase, exchange or incentivise a review that is not genuine; to offer any benefit in return for a positive review or for the removal or amendment of a negative review; to threaten a Client in connection with a review; to leave a review of a competitor; or to leave a review in respect of a transaction that did not take place. Conduct of this kind may contravene Section 5 of the Federal Trade Commission Act and the Federal Trade Commission Rule on the Use of Consumer Reviews and Testimonials, as well as equivalent consumer protection law in other jurisdictions, and may result in immediate termination.
17.4 We publish reviews without editing their substance. We may remove a review that breaches these Terms, that relates to a matter outside the reviewer's experience of the Service, that is the subject of a substantiated complaint of falsity, or that we are required to remove by law. We do not remove a review merely because it is unfavourable, and we do not suppress unfavourable reviews in the calculation of aggregate ratings.
17.5 A Professional may publish a response to a review. A response is subject to the same standards as a review.
17.6 Any suggestion, idea, enhancement request or other feedback you voluntarily provide about the Platform may be used by us without restriction, obligation or compensation, and you assign to us all rights in it to the extent permitted by law.
18.1 You must use the Platform lawfully, honestly and with respect for other Users. Without limiting the generality of that obligation, you must not, and must not permit any other person to:
18.2 We may investigate any suspected breach of this Section. You must cooperate reasonably with any investigation. We may report suspected criminal conduct to law enforcement and may share relevant information with a licensing authority, regulator, payment provider or insurer where we consider it appropriate.
18.3 A serious breach of this Section, including any conduct that endangers the safety of another User, entitles us to terminate your account immediately and without notice.
19.1 The Platform provides an in-app messaging function to enable Clients and Professionals to communicate about a Booking. Messages sent through that function are stored on our systems and are not end-to-end encrypted.
19.2 You acknowledge and agree that we may access, retain, review, analyse and disclose the content of in-app messages where it is necessary and proportionate to do so in order to: operate and support the messaging service; investigate a suspected breach of these Terms, including suspected circumvention, fraud, harassment or unlawful conduct; resolve a dispute between Users; protect the safety of Users or of the public; comply with a legal obligation, court order or lawful request from a competent authority; or establish, exercise or defend a legal claim. Automated techniques may be used to detect prohibited content, spam and attempts at circumvention.
19.3 You must not use the messaging function to transmit payment card details, banking credentials, government identification numbers, or sensitive personal information about any person, and must not use it to send unsolicited commercial messages.
19.4 We send transactional communications, including Booking confirmations, reminders, cancellation notices, payment receipts, security alerts and service announcements, by electronic mail and by push notification. These are a necessary part of the service and cannot be disabled while you hold an account, although push notifications may be disabled at the device level.
19.5 Marketing communications are sent only where you have consented to receive them or where we are otherwise permitted by law to send them. You may withdraw consent at any time using the unsubscribe link in any marketing message or through your account settings, without affecting transactional communications. Our practices in this regard are described further in the Privacy Policy.
19.6 Where you contact us for support, we may record the correspondence and use it for training, quality assurance and dispute resolution purposes.
20.1 The Platform uses automated and machine learning techniques to generate recommendations, to order and personalise search results, to surface Professionals whose services, location, availability, price range and ratings appear relevant to a Client, and to detect fraud, spam and prohibited content.
20.2 Recommendations are informational only. They are generated automatically on the basis of data available to the system and do not constitute advice, endorsement, certification or a representation as to the suitability, competence, qualification, licensing status or safety of any Professional, or as to the suitability of any Service for any individual. You remain solely responsible for deciding whom to book and what Service to request.
20.3 The Platform uses the DeepL machine translation service to translate listings, profiles, service descriptions, messages and reviews between languages. Machine translation is imperfect. A translation may be inaccurate, incomplete, or may fail to convey nuance, technical terminology, safety information or contractual meaning. Where a translated text and the original text conflict, the original text as submitted by the User prevails, and the English language version of these Terms and of our other policies prevails over any translation of them.
20.4 Where a translated safety instruction, allergy warning, aftercare instruction or contractual term is material to you, you should ask the other User to confirm it in a language you both understand before proceeding.
20.5 We do not make any decision producing legal effects concerning you, or similarly significantly affecting you, based solely on automated processing, save that automated systems may restrict or suspend an account where fraud, safety risk or serious abuse is detected. Where such a measure is applied, you may request human review by contacting support@handskillbeauty.com, and your rights under Section 19 and Section 20 of this document and under the Privacy Policy are preserved.
20.6 You must not use any output of the Platform, and must not use Content belonging to other Users, to train or develop any artificial intelligence or machine learning system.
21.1 The Platform, and all software, source code, object code, databases, data structures, designs, layouts, graphics, icons, illustrations, photographs supplied by us, text, compilations, algorithms, models and other material comprised in it, are owned by HandSkill Beauty or licensed to it, and are protected by copyright, database right, trade mark law, design right, trade secret law and other intellectual property law.
21.2 The name HandSkill Beauty, the HandSkill Beauty logo, and all related names, marks, designs and slogans are trade marks of A.R.E. You must not use them without our prior written consent, save that an Ambassador or Talent Scout may use brand assets strictly in accordance with any brand guidelines we publish. All other names, marks and logos appearing on the Platform are the property of their respective owners.
21.3 Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Platform, and to download and install the mobile application on a device you own or control, in each case for your own personal or internal business use in connection with Services. All rights not expressly granted are reserved.
21.4 You must not copy, modify, adapt, translate, create derivative works from, distribute, licence, sell, rent, lease, assign, publish, transmit, broadcast, publicly perform, frame, mirror or otherwise exploit any part of the Platform except as expressly permitted by these Terms or by mandatory law.
21.5 Where you download the mobile application from the Apple App Store or the Google Play Store, your use is additionally subject to the applicable store terms. These Terms are between you and HandSkill Beauty only, and not with Apple Inc. or Google LLC. Apple and Google have no obligation to furnish maintenance or support for the application, and are not responsible for any claim relating to the application, including product liability claims, claims of failure to conform to a legal requirement, and claims under consumer protection or privacy law. Apple Inc. and Google LLC are third-party beneficiaries of this Section and may enforce it against you.
21.6 The Platform incorporates third-party components and services, including Firebase, Cloudinary, Stripe, DeepL, Google Sign-In and mapping and geocoding services. Those components are provided subject to their own licence terms, and nothing in these Terms grants you any right in them beyond the right to use them as part of the Platform.
22.1 You understand and expressly agree that HandSkill Beauty is a technology marketplace and not a provider of beauty, grooming, wellness, personal care or tailoring services, and that every Service is provided by an independent Professional over whom HandSkill Beauty exercises no control.
22.2 HandSkill Beauty does not conduct criminal background checks, identity investigations, licence verification, qualification checks, insurance verification, reference checks, premises inspections, product safety inspections, or any comparable screening of Professionals or of Clients, unless and to the extent that a specific screening measure is expressly described on the Platform as being carried out. Where any such measure is described, it is limited to what is expressly stated, is carried out on the basis of information supplied by the User or by a third-party source that may be incomplete or out of date, is not continuous, and does not constitute an endorsement, guarantee, certification or recommendation. No badge, label, rating, ranking, recommendation or search position on the Platform should be understood as a representation that a Professional is competent, licensed, insured, trustworthy or safe.
22.3 You are responsible for your own safety and for exercising your own judgment. Before booking or accepting a Booking, you should review the other User's profile, portfolio and reviews, ask questions, ask to see evidence of licensing and insurance where relevant, and satisfy yourself that you are comfortable proceeding. You should take sensible precautions when meeting a person you have not met before, particularly in a private residence.
22.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK ARISING FROM YOUR USE OF THE PLATFORM AND FROM ANY SERVICE ARRANGED THROUGH IT, INCLUDING THE RISK OF PERSONAL INJURY, ALLERGIC REACTION, CHEMICAL OR THERMAL BURN, INFECTION, PROPERTY DAMAGE, THEFT, ASSAULT, HARASSMENT, EMOTIONAL DISTRESS, AND DISSATISFACTION WITH THE AESTHETIC OUTCOME OF A SERVICE.
22.5 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NONINFRINGEMENT, AND ANY WARRANTY ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
22.6 We do not warrant that the Platform will be uninterrupted, timely, secure or error free, that defects will be corrected, that the Platform is free of harmful components, or that any Content, listing, review, rating, price, availability, translation or recommendation is accurate, complete, current or reliable.
22.7 We do not endorse any User and are not responsible for the acts, omissions, conduct, statements, competence, honesty, punctuality, hygiene, workmanship or safety of any User, whether online or offline. Any dispute between Users is between those Users alone. To the maximum extent permitted by law you release HandSkill Beauty, its officers, directors, employees, contractors and agents from all claims, demands and damages of every kind arising out of or connected with any such dispute, and you waive any statutory provision that would otherwise limit the effect of a general release with respect to claims you do not know or suspect to exist at the time of release.
22.8 Some jurisdictions do not permit the exclusion of certain warranties or the limitation of certain rights. Where that is the case, the exclusions and limitations in this Section apply only to the fullest extent permitted in that jurisdiction, and nothing in these Terms excludes or limits any right that cannot lawfully be excluded or limited, including any statutory guarantee owed to a consumer.
23.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our own negligence, for our own fraud or fraudulent misrepresentation, for any liability that cannot lawfully be excluded or limited, or, in respect of consumers in the European Union and the United Kingdom, for any liability arising under mandatory consumer protection or product liability law.
23.2 SUBJECT TO SECTION 23.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HANDSKILL BEAUTY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF OPPORTUNITY OR LOSS OR CORRUPTION OF DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
23.3 SUBJECT TO SECTION 23.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF HANDSKILL BEAUTY TO YOU FOR ALL CLAIMS ARISING OUT OF OR CONNECTED WITH THESE TERMS, THE PLATFORM, OR ANY SERVICE ARRANGED THROUGH THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF PLATFORM FEES ACTUALLY RETAINED BY HANDSKILL BEAUTY IN RESPECT OF YOUR TRANSACTIONS IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100).
23.4 The limitations in this Section apply to each of the following, without limitation: any Service performed or not performed by a Professional; any injury, reaction, damage, loss or harm arising at or from an appointment; the conduct of any User; any Content; any inaccuracy in a listing, review, rating, translation or recommendation; any interruption, delay, defect or security incident affecting the Platform; any act or omission of Stripe or of any other third-party service provider; and any unauthorised access to your account or data other than as a result of our own failure to implement reasonable security measures.
23.5 The parties agree that the limitations in this Section are a fundamental basis of the bargain between them, that the Platform Fee reflects the allocation of risk they embody, and that they will apply even if a limited remedy is found to have failed of its essential purpose.
23.6 You agree to indemnify, defend and hold harmless HandSkill Beauty, its affiliates, and their respective officers, directors, employees, contractors and agents from and against all claims, demands, proceedings, liabilities, damages, losses, penalties, fines, costs and expenses (including reasonable legal fees) arising out of or connected with: (a) your use or misuse of the Platform; (b) your breach of these Terms or of any incorporated policy; (c) your breach of any applicable law, including any licensing, health and safety, consumer protection, tax, data protection or advertising law; (d) any Service you perform or receive; (e) any Content you submit, including any claim of infringement, defamation, or breach of privacy or publicity rights; (f) any injury, illness, reaction or damage suffered by any person in connection with a Service you performed; and (g) any dispute between you and another User.
23.7 We will notify you of any claim in respect of which we seek indemnity, and you must not settle any such claim in a manner that imposes any obligation or admission on us without our prior written consent. We reserve the right to assume the exclusive defence and control of any matter subject to indemnity, at your expense, in which case you must cooperate with us.
23.8 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Where that is the case, the exclusions and limitations in this Section apply to the fullest extent permitted by the law of that jurisdiction.
24.1 These Terms take effect when you first accept them and continue until your account is closed or terminated, save that provisions which by their nature survive termination continue in force.
24.2 You may close your account at any time using the account deletion function within the mobile application or the website, or by writing to support@handskillbeauty.com. Closure takes effect once any Booking that has been confirmed but not completed has been fulfilled or cancelled, and once any amount owing has been settled.
24.3 We may suspend or terminate your account, remove your listings, or restrict your access to any feature, with immediate effect and without prior notice, where: you have materially breached these Terms; we reasonably suspect fraud, money laundering, sanctions evasion or other unlawful conduct; your conduct presents a risk to the safety of another User or of the public; you have lost a licence or authorisation required for the Services you offer; a payment provider, application store, regulator or competent authority requires it; or we are otherwise required to do so by law. In every other case we will give reasonable prior notice.
24.4 We may also cease to provide the Platform, or any part of it, in any jurisdiction or generally, on reasonable notice.
24.5 On termination, your right to use the Platform ceases immediately, confirmed Bookings may be cancelled, and the Cancellation, No-Show and Refund Policy will apply to determine what is payable. Amounts properly due to a Professional in respect of Services already performed remain payable, subject to any set-off, hold or reversal permitted by these Terms.
24.6 Termination does not affect any right, remedy, obligation or liability that accrued before termination, and Sections 2, 3, 10, 11, 12, 14A, 15, 16.2, 16.4, 17.6, 19.2, 21, 22, 23, 24 and 25 survive termination.
24.7 We retain personal information after account closure only for the periods and purposes set out in the Privacy Policy, which include the resolution of disputes, the defence of legal claims, and compliance with tax, accounting, anti-money laundering and other legal obligations.
25.1 These Terms, and any dispute or claim arising out of or in connection with them, their subject matter or formation (including non-contractual disputes or claims), are governed by the laws of the State of Michigan, United States of America, without regard to its conflict of laws principles, and by applicable federal law of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
25.2 Where you are a consumer habitually resident in the European Union, the United Kingdom, or another jurisdiction whose law confers mandatory consumer protection that cannot be derogated from by agreement, nothing in Section 25.1 deprives you of the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country.
25.3 Before commencing any formal proceeding, you and HandSkill Beauty agree to attempt to resolve the dispute informally. The party raising the dispute must send a written notice of dispute to the other, describing the nature and basis of the claim and the relief sought. A notice to us must be sent to legal@handskillbeauty.com. The parties will then negotiate in good faith for a period of thirty days.
25.4 If the dispute is not resolved within thirty days, then, subject to Sections 25.2, 25.6 and 25.7, any dispute, claim or controversy arising out of or relating to these Terms or the Platform shall be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable. The arbitration shall be seated in Michigan, before a single arbitrator, and conducted in the English language. Where the claimant is a consumer, the arbitration may at the consumer's election be conducted by telephone, by videoconference, or on documents only, and the consumer may bring proceedings in the small claims court of the consumer's own locality instead. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
25.5 YOU AND HANDSKILL BEAUTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding. If this waiver is found to be unenforceable in respect of a particular claim, that claim, and only that claim, shall be severed from the arbitration and brought in a court of competent jurisdiction, and the remainder of this Section shall continue to apply.
25.6 You may opt out of the arbitration agreement and class action waiver in Sections 25.4 and 25.5 by sending written notice to legal@handskillbeauty.com within thirty days of first accepting these Terms, stating your name, the electronic mail address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
25.7 Notwithstanding Sections 25.4 and 25.5, either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property rights, confidential information or data security.
25.8 To the extent any dispute is not subject to arbitration, and subject to Section 25.2, the state and federal courts located in Michigan shall have exclusive jurisdiction, and each party submits to the personal jurisdiction of those courts and waives any objection based on venue or forum non conveniens.
25.9 Any claim arising out of or relating to these Terms or the Platform must be brought within one year after the cause of action accrues, or within such longer period as is required by mandatory law, failing which the claim is permanently barred.
25.10 If any provision of these Terms is held invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed, and the remaining provisions shall continue in full force and effect.
25.11 No failure or delay by either party in exercising any right or remedy constitutes a waiver of that right or remedy, and no single or partial exercise precludes any further exercise. A waiver is effective only if given in writing.
25.12 You may not assign, transfer, charge or otherwise deal with your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganisation or sale of assets, on notice to you.
25.13 Neither party is liable for any failure or delay in performance caused by an event beyond its reasonable control, including act of God, natural disaster, epidemic or pandemic, war, terrorism, civil unrest, industrial action, failure of a utility or telecommunications network, failure of a third-party service provider, cyber attack, or act of government.
25.14 These Terms, together with the Privacy Policy, the Cookie Policy, the Cancellation, No-Show and Refund Policy, the Copyright and Intellectual Property Policy, and any programme rules published on the Platform, constitute the entire agreement between you and HandSkill Beauty in respect of the Platform and supersede all prior agreements, representations and understandings, save that nothing limits liability for fraudulent misrepresentation.
25.15 Nothing in these Terms confers any right on any person who is not a party to them, save that Section 21.5 is enforceable by Apple Inc. and Google LLC, and Section 23.6 is enforceable by the indemnified persons named in it.
25.16 Notices to you may be given by electronic mail to the address associated with your account, by in-app notification, or by posting on the Platform, and are deemed received on the day of transmission or posting. Notices to us must be sent to legal@handskillbeauty.com and, where a formal notice is required, are deemed received on the next business day following transmission.
25.17 The English language version of these Terms is the authoritative version. Any translation is provided for convenience only and, in the event of any inconsistency, the English version prevails.
A.R.E., trading as HandSkill Beauty · State of Michigan, United States of America
General & account support: support@handskillbeauty.com
Legal notices & disputes: legal@handskillbeauty.com
Privacy & data protection: privacy@handskillbeauty.com
Copyright & intellectual property: copyright@handskillbeauty.com
Version 1.0 · Effective 23 July 2026