Terms and Conditions

Binx® Terms and Conditions

Binx® Terms and Conditions

 

Date last updated: 22/05/2021

 

  1. Acceptance of Terms and Definitions

 

These Terms and Conditions (the “Terms”) are binding legal Terms between you and Binx Beauty Ltd trading as “Binx®”. Our registered company number is 11569853 and our registered office address is Ashford House, Grenadier Road, Exeter, EX1 3LH (“Binx®”,“us”, “we” and “our”). Ensure to read the following Terms carefully as it governs your use of Binx® (the “service”). The service consists of all aspects of the website at http://www.binxbeauty.co.uk (the “website”), any related services, or any other access point we make available to you.

 

Any person using Binx® to advertise their services on Binx® is referred to in the Terms as (the “Therapist”) and any information they upload or provide is referred to as (“Therapist Information” or therapist “Content”). Any person using Binx to search for freelance therapists and/or treatments on Binx® is referred to as (the “Client”) and any information they upload is referred to as (“Client Information” or client “Content”). The Terms govern all aspects and use of the Binx® service including but not limited to the use of our software applications, all material, resources and services available on Binx® to allow for clients and therapists to search, browse, compare and find each other, browse a therapist’s services offered (also referred to as “Treatments”) and later review their experience (“Reviews’ or “Ratings” “Feedback”) (collectively, the “Binx® service”, “Service” or “Binx®”). These Terms and other Binx® policies are incorporated by reference in these Terms.

 

By using Binx® you are bound by these Terms during the account sign up process, or by using Binx® as a guest without an account, you confirm to accepting the following Terms. If you do not accept these terms, you should not accept them and thereby do not have the right to use Binx®. You understand and agree that we may alter/change the Terms from time to time and any changes will be effective immediately when we post the modified Terms on Binx®. Your continued use of Binx® following the posting of modified Terms will mean you agree to be bound by the modified terms. This service is for use in the United Kingdom only and must not be used from any alternative jurisdiction. You are responsible for all compliance with laws and regulations that apply to yourself.

 

These Terms were last modified on 22nd May 2021.

 

  1. Intellectual Property Rights

 

Binx® and its licensors owns and retains all rights, title and interest in and to its trademarks including registered trademarks, service marks, brand names and logos. You acknowledge and agree that all present and future copyright and all other intellectual property rights subsisting in, or used in connection with any aspect of Binx® (the “Rights”) including the manner in which Binx® is presented/appears and functions, all information, documentation and content relating to it, the technology and software used to provide it is our property (or that of our licensors) and nothing in these Terms shall be taken or assumed to transfer any of the Rights to you. Except for your rights to access and use the Binx® service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietor rights to anyone including you.

 

You agree and acknowledge that Binx® including all associated intellectual property rights, are the exclusive property of Binx® and/or its licensors, and you agree not to use or copy the same or any part thereof without our consent. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary right incorporated in or accompanying any aspect of Binx®. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with any aspect of Binx® are used for identification purposes only and may be property of their respective owners. You agree that we will have a perpetual right to use, incorporate and implement into Binx® any feedback or suggestions for improvement that users or anyone provided to us without any obligation of compensation or financial stake in Binx®.  If you upload any content onto our service such as your brand names, logos and trademarks you allow us at no cost to forever use and adapt all or part of the material on our service and other websites for example, our social media pages.

 

You must not use such material including copying, selling, adapting or taking extracts from it without our specific prior written consent. Further, you must not misrepresent ownership or source of such material such as by editing any legal notices or author attributions. You agree to not disassemble, reverse engineer or decompile any of our software or service in any way, insert any code to manipulate the content or use any data mining, gathering or extraction method. You may not create or use a modified or derivate version of our software or distribute or sublicense our software to third parties and ensure to take reasonable steps to ensure our software is not disclosed to any third party.

 

  1. Use of Binx®

 

3.1 Behaviour and Conduct on Binx®

You agree to use Binx® only in a lawful manner and only for its intended purposes. You agree not to use Binx® in any unlawful manner and notably shall not: 1) abuse, harass, stalk, threaten or otherwise violate the legal rights of others, 2) Publish, post, upload, distribute/disseminate (post) any inappropriate, inaccurate, unlawful, defamatory, abusive, infringing, obscene, discriminatory, unlawful material relating to yourself or any other users of Binx®. Users agree to correspond with other users in a polite and courteous manner for example when reviewing, and Binx® are under no obligation or responsible or liable in any way for resolving any disagreement or issue between clients and therapists, or any other user. Any disagreements are directly between the users themselves and not the responsibility of Binx®. If any behaviour is deemed inappropriate, unlawful or violating Binx® Terms, we hold the right to remove/withdraw you from Binx® at any time but we are under no obligation to do so.

 

You may not advertise any services which are not legal or may not be legally performed by you or that you are not qualified to perform or advertise. Therapists must have the necessary abilities (including legal registrations, permissions, qualifications, skills, training and expertise) and act in accordance with the highest standards reasonably to be expected along with complying with all applicable laws and regulations. Binx® are not responsible or liable for verifying your legal status or qualifications regarding listing and providing genuine legal treatments for clients, thus it is your obligation and responsibility to ensure you are providing accurate services in accordance with laws and regulations that apply to yourself and that you are fully qualified to do so. We hold the right to remove/withdraw therapists from Binx® at any time who we believe are offering, or may offer, unsatisfactory treatments, but we are under no obligation to do so. Binx® is not for use by therapists who do not intend to carry out and ensure successful completion of any treatments they advertise.

 

The core purpose of Binx® is a directory platform for therapists to advertise their hair/beauty/wellness services and for clients to search, browse, compare and find such therapists. You agree that you will use Binx® for its intended purpose and will not in any case 1) use Binx® to advertise false services for which you are not qualified to do so and 2) advertise and/or perform illegal services to clients.

 

Binx® will not be a party to any contract made between you and the client and therefore we shall not be liable for any loss, damage, distress, injury or death resulting from any dealings between you and any client including but not limited to any direct, indirect or consequential or inconsequential loss, damage, distress, injury or death of any kind.

 

You agree not to use the service in any unlawful manner and in particular:

  • Not to post any material that infringes any trademark, patent, copyright, trade secret or other proprietary right of any person.
  • Not to post any corrupted files including those that contain viruses or any other code that may damage the operation of any electronic device or submit any other malicious code to or through Binx®.
  • Not to post “spam” or other unauthorized commercial communications.
  • Not to use the service for junk mail, spam, pyramid or other fraudulent schemes.
  • Not to gain unauthorised access to any part of the service or equipment used to provide the service, including intercepting or modifying communications to or from the service.
  • Not to provide false information such as to claim any qualifications or personal details that are not accurate and do not belong to you. Any qualifications that you upload must be genuine and accurate and hold in UK laws and regulations. Any claims you do make, or false claims, are solely your responsibility and Binx® will not be held liable.
  • Not to use Binx® or engage with other users of Binx® for purposes that violate the law.
  • Not to use Binx® for purposes of competing with Binx® or to promote other products or services.
  • Not to sell access to the Binx® service
  • Not to post reviews – written or photographic about users that are not based factually on your personal experience and are intentionally inaccurate, misleading, false or that violate these Terms.
  • Not to post any content or material on any aspect of Binx® that is defamatory, abusive, harassing, threatening, misleading, pornographic or contain nudity or graphic violence, incite violence, violate any intellectual property rights or violate the law or legal rights of others.
  • Not to impersonate another person or entity, or falsify or delete any author attributions, legal or other notices of the original or source of software.
  • Not to transfer or authorise others to use your account for Binx® or engage in fraudulent transactions.
  • Not to solicit another user’s username and password for Binx® or any other sensitive personal information including bank details and related information.
  • Not to create multiple or duplicate accounts.
  • Not to interfere with our provision of, or any other user’s use of, the Binx® service.
  • Not to cause Binx® to be interrupted, damaged or rendered less efficient or such that the functionality of the service is in any way impaired or restrict any other user from using Binx®.

 

You agree you will comply with these terms and any other Binx® policies including the Privacy and Cookie Policy.

 

3.2 Payments

You agree to pay any and all fees in accordance with the Payment Terms, see section 9.

 

3.3 Suspension and Termination

You agree and understand that Binx® has no obligation to provide the entire Binx® service or any aspect of the service in any specific location or territory, nor to continue providing it once we have begun. Binx® reserve the right to suspend or terminate your access to Binx® for any or an indefinite length of time respectively if: 1. If in our discretion your conduct/use of Binx® is deemed inappropriate, unsafe, dishonest, unqualified, illegal, extremely bad client feedback/complaints or in breach of these terms; or 2. If necessary, in our discretion to protect Binx®, its users or the public now, or if anticipated in the future, but we are under no obligation to do so. You may suspend or terminate your use of Binx® at any time and for any reason via your account as described in Section 9.8. Note – if you have any outstanding payment obligations, those will survive suspension or termination of your account.

 

  1. The Binx® service

 

4.1 Overview

Binx® is an online neutral Hair/Beauty/Wellness directory platform allowing self-employed, independent mobile and home-based Hair, Beauty and Wellness therapists to advertise their services and for clients to search, browse, compare, and find contact details for independent hair and beauty therapists across the UK.

 

4.2 Binx® Does Not Provide Hair, Beauty and Wellness services

Binx® is a neutral platform for self-employed therapists to advertise and for clients to search, browse and compare therapists and treatments nearby. Binx® is a neutral platform to facilitate this, and does not provide hair, beauty and wellness services of any type. Any hair/beauty/wellness contract is between the respective therapist and client and Binx® are not a party to the contract itself. You acknowledge that any legal recourse arising from the breach of the hair/beauty/wellness contract is against the other party to the contract and not against Binx®. All therapists advertising on Binx® are self-employed and not the employees of Binx®. Binx® makes no warranties, representations or assurances of the quality of therapists and treatments received or any other services provided by therapists or about your interaction, communication and overall experience with therapists or clients, both directly and indirectly relating to Binx®.

 

We make no representations or warranties regarding the quality of services and treatments published by therapists listed on Binx®, or about your interaction and dealings with users. Therapists listed on Binx® are not under the direction or control of Binx® in any way and therapists determine at their own discretion how to provide their services. Binx® does not verify therapist’s claimed qualifications or certification of any type and it is the therapist’s responsibility to ensure all information uploaded, stated or claimed online or offline is accurate and truthful. Clients remain fully responsible to evaluate and investigate their therapists and to ensure they carry out any and all checks they deem necessary to validate any stated qualifications and certifications, prior to booking/allowing the treatment to commence at their own risk, and we recommend they request to see evidence of such qualifications. Users should exercise caution before engaging with any other users.

 

It is the therapist’s responsibility to decide whether to carry out any appointments or deal in any way with any client, as it is also the client’s responsibility to decide whether to contact or deal in any way with any therapist.  We do not vet clients or therapists on behalf of users and we will not be liable to you in relation to any service or relationship with a client in any way. Therefore, we recommend you carefully consider and assess each client/therapist and carry out whatever lawful checks you deem appropriate prior to engaging in any way with them. Both therapists and clients are solely responsible for making decisions that are in their best interests. Binx® does not employ, recommend or endorse specific therapists or clients and to the maximum extent permitted by applicable law, Binx® will not be held responsible or liable in any way for the performance, conduct or trustworthiness of therapists or clients in any way and to any extent, whether they are on- or offline.

 

4.3 Bookings

Binx® is to be used solely as a directory platform to search, browse, compare and obtain contact information for self-employed hair/beauty/wellness therapists and their services offered. Therapists provide their contact information on their profile to enable clients to make direct contact with them in order to enquire and/or book a treatment. Thus, booking hair and beauty treatments is not facilitated through the Binx® service and all aspects in relation to the booking process are not related to or the responsibility of Binx® and are directly between the therapist and client outside of Binx®. This includes payments for treatments. Any dispute you have is directly between yourself and the therapist/client and is not the responsibility of Binx®. You agree that Binx® has no liability for damages of any sort in relation to any aspect of therapist services or resulting from any other transactions between users of the Binx® service.

 

4.4 Release

Subject to section 12 below, Binx® has no liability for, and you agree to release BinxÒ from; any and all claims, injuries, loss, death, harm, illness, demands and/or damages arising from directly or indirectly of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed arising out of or in any way related or connected to your interactions and dealings with other users in any way and the acts and or omissions of Therapists and Clients whether online or offline. You acknowledge and agree that to the maximum extent permitted by applicable law, your complete use and/or provision of therapist dealings or client dealings is at your sole and exclusive risk.

 

4.5 Users are solely responsible for evaluating other users

Clients are solely responsible for evaluating the suitability of Therapists for the services they claim to offer and provide. Binx® does not verify users or screen them or their qualifications in any way. Binx® does not claim to verify any aspect of a therapist or their services and therefore cannot assure any or all aspects of a therapist’s profiles or claims are accurate, complete, up-to-date and trustworthy. Similarly, Binx® does not endorse reviews of Therapists by Clients or any responses to reviews from therapists that are available on the Binx® service and makes no commitment or assurances that such reviews are accurate, factual or legitimate. Likewise, Binx® does not verify or check any Clients or their profiles when signing up to Binx®. Therefore, it is all users’ sole responsibility to evaluate the suitability and legitimateness of other users.

 

We do not review or confirm the accuracy of any or all details provided by users and therefore cannot guarantee all users include correct, complete and accurate information on their profiles. Further we cannot guarantee using Binx® will result in business for you and no refund or compensation is offered in the event that you do not obtain business from Binx® or find a therapist to successfully carry out a treatment.

 

  1. Content on Binx®

 

5.1 Your Content

We may require or allow you (or someone else on your behalf and with your permission) to submit or upload text, photographs, images, videos, other media, reviews, information and any other miscellaneous materials to your profile on the Binx® service or otherwise in connection with using Binx® and/or via participating in promotional campaigns and competitions of any sort we may run on the site (collectively known as “Your Content”). For example, therapists are invited to create a profile with information regarding themselves and their services alongside other information, while clients may create an account, submit reviews and ‘favourite’ therapists. You are responsible for Your Content.

 

The majority of the material on Binx® originates from users of the website and we rely on you to accurately and honestly describe yourself, your treatments and your qualifications and ensure you meet all legal and regulatory requirements to perform such treatments as described in sections 3.1 and 6. We have little to no editorial control over the material and thus cannot guarantee the accuracy, timeliness, performance, cleanliness or fitness of yourself. Therefore, it is your responsibility to accurately advertise your services on your profile and across the entire Binx® site including on third party sites and/or social media pages. We cannot accept responsibility for errors, omissions or inaccurate information you provide through Binx® or any services you perform. You must ensure all information you provide is accurate and ensure you have the right to work in the UK and are in accordance and compliant with laws and regulations that apply to yourself.

 

If you use any features on Binx® that allow you to share Your Content with third party sites, we are not responsible for the use of Your Content on those sites. We do not accept responsibility if Your Content is misused by others and do not upload any content If you are concerned that it may be misused. It is your responsibility to ensure you make your own frequent backups of content to protect you in the case of loss or damage to such material. Binx® are not responsible for any loss or damage of any kind or nature. We do not guarantee that any profile or other content will generate any revenues or enquiries for you.

 

5.2 Content layout

The search feature allows users to view profiles in a choice of ways as determined by the user including but not limited to filtering by; location, rating, treatments offered. Therefore, we cannot ensure you will appear in any/all client searches. We reserve the right to place advertisements adjacent to or within Your Content and we retain all revenue from such advertisements.

 

5.3 License

Except for the limitations on our use and disclosure of personal information described in our Privacy & Cookie Policy, to the maximum extent and duration permitted under any applicable law you grant to Binx® a royalty free, perpetual, irrevocable, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, publish, adapt/edit, modify, transmit, broadcast, translate, prepare derivative works of and/or distribute Your Content alone or as part of other works in any form, media or technology whether now known or hereafter developed in connection with providing and /or promoting the Binx® service and to sub-license these rights to third parties. Do not post any materials on Binx® you do not want used in this way.

 

5.4 Release

If your name, voice, image, persona, likeness or performance is included in any aspect of Your Content, you hereby waive and release Binx® and its users from any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity or personality, or any similar claim arising out of the use of Your Content in accordance with the license in section 5.3 above and the other provisions of these Terms.

 

Whilst we take steps to prevent the misuse of our systems, we cannot ensure the website will be free of viruses or any other malicious code and accept no liability for loss or damage caused as a result of the transmission of such code. We recommend you ensure you have up to date firewalls and anti-virus software to protect your equipment and data as much as possible. Moreover, any material you obtain from the service is used at your own risk and Binx® are not liable for any loss or damage occurring as a result of or in connection with access or use of Binx® (except to the extent that such liability cannot be excluded by law).

 

5.5 Your Representations and Warranties regarding Your Content

You represent and warrant that 1. You are the owner/licensor of Your Content and have all rights, consents and permissions necessary to grant the license as described in section 5.3 and make the release in section 5.4 with respect to Your Content. 2. That you have any necessary consents and releases from individuals who appear in Your Content in any form e.g., previous clients. 3. Your Content does not violate the law or these Terms.

 

5.6 Right to Remove or screen Your Content

Though Binx® are under no obligation to do so, we reserve the right to monitor, screen, edit, report to relevant authorities and/or remove aspects or all of Your Content on the Binx® service. Our enforcement of these Terms in relation to Your Content is at the discretion of Binx® and failure to enforce the Terms in one situation does not create a waiver of our right to enforce them in another situation/circumstance. We have no obligation to retain, back up or provide you with copies of Your Content, nor will Binx® have any liability to you for the deletion, disclosure, loss or modification of any aspect of Your Content in any way or at any time. It is your sole responsibility to maintain back-up copies of Your Content.

 

5.7 Reviews and Ratings

Binx® currently allows users to leave public reviews of users, though we are under no obligation to do so. You acknowledge that all reviews of any type may be shared with third parties in accordance with applicable law and our Privacy & Cookie Policy, and Binx® has no obligation to indefinitely store or back up any reviews. If you post a review, you promise you have no personal or business relationship with the therapist/service being reviewed, that you are not a competitor of the therapist and that your review is independent, honest, genuine and a truthful reflection of your experience. Further you agree reviews are submitted for publication and hereby grant us an irrevocable license to publish and reproduce any written material submitted by you.

 

Binx® are under no obligation to share reviews with therapists/clients prior to posting publicly on the site. We have no obligation to provide therapists with the content of any reviews regarding yourself or your services submitted by other users of the Binx® service, whether before, or after termination of your account for the Binx® service. We will have no liability to you for the deletion, disclosure, loss or modification of reviews. We reserve the right to screen, edit, remove or pass on these reviews from Binx® at any time, but are under no obligation to do so. If a user receives in our opinion bad or unsatisfactory review(s) that we believe are justified, we reserve the right to remove this user from Binx® immediately at our discretion without any liability to you but are under no obligation or responsibility to do so. We reserve the right to contact any user who has submitted a review to confirm the authenticity of the review but are under no obligation to do so.

 

Binx® also reserves the right to share reviews with the relevant authorities if they are deemed harmful, aggressive, abusive or obscene in any way, but are under no obligation to do so.  It is solely up to users to ensure all reviews are genuine, factual and in line with these Terms prior to posting and Binx® has no liability or responsibility for the content of reviews, editing, removing, monitoring, checking or disputing reviews at any time. Whilst we aim for genuine reviews from past clients only to be allowed to be written and posted, Binx® will not be held liable for any errors, deviations or circumvention from this and we are under no obligation to remove or edit such reviews. It is the client’s responsibility to submit genuine reviews and the therapist to respond accordingly. Binx® has no liability or responsibility for false reviews, or to check the accuracy of existing or future reviews. It is your responsibility to monitor and respond accordingly to any false or misrepresentations and we are not liable or responsible for any direct or indirect effects, consequential or inconsequential, of any reviews posted by users of any kind or of any nature.

 

5.8 Communication

In the case you deactivate or stop using a mobile phone number or email address or any other contact information provided to us, you agree to update your Binx® account and profile information accordingly and promptly to ensure any communications are not sent to the person who acquires your old contact details and to ensure users can contact you. Binx® are not responsible for reviewing, monitoring or policing user content on- or off Binx® and thus it is possible that there may be offensive, harmful, inaccurate, obscene or deceptive material and we strongly recommend you exercise proper judgement and caution when using such functions. Users are responsible for their communications and any consequences arising from them. Binx® cannot be held liable for any contact with other users and you should exercise proper judgement and consider the risks prior to entering a conversation both online and in person with another user.

 

  1. Certification of Compliance with Applicable Law

By accessing and using the Binx® service you certify that you: 1. Are at least 18 years of age and 2. Will comply with all laws and regulations applicable to your activities conducted via, or related to, the Binx® service.

 

For Therapists this means amongst other things that you certify you are legally eligible to provide every service you list on your profile in the jurisdiction where you provide such services; that you are responsible and have complied and will comply with all laws and regulations which are applicable to you; that you have obtained all business licenses, permits, insurance, qualifications and tax registrations necessary to legally provide such services; and that when providing services you will comply with all laws.

 

You acknowledge that Binx® is entitled to rely on these certifications and commitments from you, is not responsible to ensure that any or all users have fully complied with applicable laws and regulations and will not be liable for a user’s failure to do so.

 

7. Registration and Account Security

 

In order to use aspects of Binx®, you are required to create a username, password and user profile. If you choose to use Binx® you agree to provide accurate, truthful information about yourself including any necessary qualifications and to ensure all information is kept up to date. You agree not to impersonate anyone else and not to create and maintain more than one account including if you are suspended or terminated from Binx® you must not create additional accounts to circumvent this.

 

You are responsible for maintaining the confidentiality of your username and password and to ensure you are willing for any information on your public profile to be viewed by anyone. You also agree not to authorise anyone else to use your username and password and you are solely responsible for all activity under your account. You agree to alert Binx® as soon as reasonably possible of any unauthorised use of your account. When registering/signing up on Binx, you agree that you will be automatically subscribed to email marketing, but you may unsubscribe at any time. We can terminate your account or place your account on hold in order to protect you, us or our partners from identify theft or other fraudulent activity but are under no obligation to do so.

 

8. Privacy

 

Our collection and use of your personal information on the Binx® service is described in our Privacy & Cookie Policy. By accessing or using any aspect of Binx® you acknowledge and agree you have read, understand and agree to the Privacy & Cookie Policy. If you do not agree with any aspect of the Privacy & Cookie Policy which can be found on the Binx® website, you must cease using Binx® immediately.

 

9. Subscription, Fees and Cancellation

 

9.1 Fees and Charges to use Binx®

Binx® is currently free for clients and therapists to use although Binx® maintains the right to change, remove this at any time and without notice. We may change our fees, prices, and plans from time to time and all charges are subject to change at any time. Binx® reserves the right to increase or decrease, implement, or remove charges of any sort including but not limited to fees and commission at any time for any/all users. For existing members, we will notify you by email at least 30 days prior to any price change taking effect. If you do not accept the new fee, you should end your membership otherwise following the 30 days’ notice charges and fees will be introduced at the new price. Furthermore, if you do not adhere to the new fees and charges but do not revoke your Binx membership, we have the right to remove your account and/or profile at our discretion.

 

9.2 Taxes, Legal charges and Insurance

Users acknowledge that you are solely responsible to pay any applicable taxes or charges in relation to your purchase, provision or use of Binx® or in relation to any aspect of being a self-employed hair/beauty/wellness therapist. Therapists also acknowledge and agree to ensure all necessary insurance and legal cover is in place prior to conducting treatments. All users also acknowledge and agree that Binx® has no responsibility or liability of any sort for any insurance or claims arising to them regardless of whether therapists have insurance in place or not and to release and indemnify Binx® against any such claims or situations directly or indirectly, casual or consequentially related to the use of Binx®.

 

10. Third party services, links and affiliations

 

Binx® may contain links to third party websites or resources. You acknowledge and agree that Binx® is not responsible or liable in any way for: 1. The availability, accuracy or validity of such websites, material, resources or claims/advice given. Links to such websites, material or resources do not imply or suggest any endorsement of any kind of such website, material or resources or 2. The content, products, services, advice or recommendations available from such websites, material or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, material or resources. This includes any such advice or links on any aspect of Binx® or social media posts and you should carefully consider prior to following any link as we cannot accept liability for any loss or damage resulting from following any such links.

 

11. Indemnity

 

To the maximum extent permitted under any applicable law and except as otherwise prohibited by applicable law, you agree to release, defend, indemnify and hold Binx® and its affiliates harmless from and against any and all claims, liabilities, demands, causes of action, losses, death, illnesses, emotional distress, expenses, damages and/or liabilities including without limitation, reasonable legal fees, accounting fees and court costs that are directly or indirectly related or causal in any way to your: 1. Transactions and interactions including on or offline, with other users of Binx® including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection or resulting of such interaction; 2. Violate or breach these Terms, our policies or standards; 3. Disputes with other users of Binx®; 4. Your misrepresentations, misstatements, false claims or violation of applicable law; 5. Personal injury or property damage to clients or third parties and consequential effects on third parties or property or contents damage; 6. Your Content, 7. Improper use of Binx®; 8. Violation or breach of any laws, regulations, requirements or third party rights. Furthermore, you also agree that you will cooperate with Binx® in the defence of such claims. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification under this section, and you will not settle any such claim or matter without our advance written consent.

 

12. Limitation of Liability

 

You acknowledge and agree that, to the maximum extent permitted under applicable law, in no circumstance will Binx® be liable to you for any indirect, special, incidental, consequential, compensatory or otherwise damages or demands, or for any business losses or loss of profit, revenue, contracts, qualifications, data, goodwill, reputation, service interruption, computer or electronic device damage, system failure or the cost to replace or substitute product or for any damages arising from personal or bodily injury or emotional distress or any similar losses or expenses arising out of or in connection with: 1. These terms; 2. The use of or the inability to access/use Binx®, including and without limitation damages related to any information received from Binx®, removal of Your Content including that on your profile or review or any other content from Binx®; 3. Any suspension or termination of your access to Binx® whether informed or without notice or any failure, error, omission, interruption, defect, delay in operation or transmission of the Binx® Service even if Binx® are aware of the possibility of any such damages, losses or expenses of any kind; 4. From any communications, interactions or meetings with other users or persons with whom you communicate, interact or meet as a result of your use of Binx®; 5. Misrepresentation or un-factual claims, qualifications or certifications made by Therapists or Clients; 6. From your publishing of treatments.

 

You also acknowledge and agree that to the maximum extent permitted by applicable law that the entire risk arising out of your access or use of any or all aspects of Binx® and all content, including but not limited to: your publishing of information, listing, use of Binx®, payment processing or any interaction you have on or offline or in person with other users remains with you. To the maximum extent permitted by applicable law in no circumstance will Binx® be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory and or consequential arising out of or in relation to your conduct or anyone else in connection with Binx® including but not limited to: bodily injury, death, illness, emotional distress and/or any other damages resulting from the reliance of any information posted on or transmitted through Binx® or for any interactions with other users on Binx® whether on or offline. This includes any claims, losses or damages arising from the conduct of users who attempt to defraud or harm you in any way, intentionally or not.

 

If you have a dispute with a Therapist/Client or any other user or person, you agree to release Binx® from all claims, past, present or future, demands and damages of every nature, known and unknown arising out of or in any aspect connected with such dispute. In no circumstance will Binx® be liable for direct or indirect consequences of a user failing to comply with applicable laws and regulations.

 

13. Warranty Disclaimer for the Binx® Service

 

The information and materials found on the Binx® website or social media of any sort including text, images, graphics, information, recommendations, links or any other items are provided “as is” and “as available”.  Profiles, reviews, therapist/client photos, advice, opinions, statements, offers or other information or content made available through Binx® but not directly by Binx® are those of their respective authors who are solely responsible for such content. To the maximum extent permitted by applicable law Binx® does not: 1. Warrant the accuracy, clarity, adequacy, reliability or completeness of information and materials on Binx®; 2. Adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any party other than Binx®; 3. Warrant that your use of Binx® will be secure, free from computer viruses or malware, uninterrupted, always available, error free, reliable, or will meet your requirements or expectations or that any defects in Binx® will be corrected. We also are not responsible for backing up Your Content or responsible if it gets lost either temporarily or permanently. To the extent permitted by applicable law, Binx® expressly disclaims all warranties, whether expressed, implied or statutory with respect to Binx® and specifically disclaims all implied warranties or merchantability, fitness for a particular purpose, non-infringement and accuracy. In addition, and without limiting the foregoing we make no representation or warranty of any kind or sort, whether expressed or implied regarding the suitability of any therapist that offers hair, beauty and/or wellness services of any kind via Binx®.

 

14. Miscellaneous

 

14.1 Governing Law: These Terms shall be governed by English Law.

 

14.2 Survival: If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

 

14.3 Recovery: If we are in breach of these terms, you agree that your only recovery for damages that you incur, and your exclusive remedy shall be limited to an amount equivalent to the subscription fee paid or payable in relation to your use for the relevant month of the service.

 

14.4 Events Out of Our Control: We are not liable for failure to perform or delay in conducting any obligation set forth in these Terms if the failure or delay is caused by any circumstances beyond our reasonable control, including third party telecommunication failures.