Terms and Conditions (“Terms”) For ScissorsCut Customers
(both users and providers)
Please read these Terms carefully before using the Mobile Application (“App”), Website (“Website”) and the services (“Services”) operated by ScissorsCut Corp. (“We”, “Us”, “Our” or “ScissorsCut”). Your access and use of the App, Website and/or the Services is conditional on your acceptance and compliance with these Terms.
OUR LEGAL BASIS FOR PROCESSING PERSONAL DATA
Description of Services
The ScissorsCut Service is a mobile and web platform that allows users (“Users” or “Clients”) to schedule appointments for beauty services (such as hair, makeup, skin care and nails for individuals, families, group events and weddings) on a specific date, time, and location of their preference with a professional beautician. We are not involved in providing the beauty services themselves. The Beauticians (also referred to as “Providers”) are independent contractors.
All Service Users agree to provide accurate, up to date and complete information when registering and filling out order forms. We have the right to reject, suspend or terminate any User accounts if information provided is not accurate or complete.
User receiving beauty Services agrees to:
- Create a clean, comfortable workspace where Beauticians can perform the Services requested.
- Ensure Beauticians have access to a sink with running water and an electrical outlet.
- Ensure no individuals present use intimidating, harassing, hostile, or offensive language.
- Ensure that no pets are present where Beauticians perform the Services.
- Ensure children under the age of 13 are properly supervised.
- Wear a mask in order to help protect against transmission of the COVID-19 virus and for other health-related reasons.
If the Beautician feels uncomfortable or unsafe the beauty services may be terminated.
- ScissorsCut will make commercially reasonable efforts to ask Beauticians to use products that are hypo-allergenic. Pre-existing skin conditions, allergies or sensitivities MUST be reported by the Client to the Beautician prior to application. By request of the Client only, the Beautician will provide makeup samples to test skin reaction or sensitivity. Clients are responsible for their own health and agree to release the Beautician from liability for any skin and hair complications or damage resulting from allergic reactions. Beautician agrees to wear a protective mask and gloves at all times to help protect against transmission of the COVID-19 virus and for other health-related reasons.
Notwithstanding the foregoing efforts regarding product and personal safety and health, ScissorsCut will not be responsible for any adverse reactions to any products or services performed by Beauticians.
DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISKS BY YOU
SCISSORSCUT WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE BEAUTICIAN CHOSEN ARRIVES AT THE APPOINTED PLACE AND TIME SCHEDULED. USER ACKNOWLEDGES AND AGREES THAT UNFORESEEN CIRCUMSTANCES MAY PREVENT THIS FROM OCCURRING. THE CLIENT ACCEPTS THAT CHANGES TO BEAUTICIAN MAY OCCUR.
WHILE WE ALWAYS STRIVE TO IMPROVE THE SERVICE TO MEET YOUR NEEDS, IT IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. SCISSORSCUT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT WE DON’T HAVE ANY CONTROL OVER THE ACTUAL BEAUTY SERVICES OR THE BEHAVIOUR OF THE USERS. SCISSORSCUTS WILL NOT BE HELD LIABLE UNDER ANY CIRCUMSTANCE OR ANY ISSUE THAT MIGHT ARISE FROM OMISSIONS OR ACTS OF OUR USERS, PROVIDERS OR OTHER THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES CAUSED BY BEAUTICIANS.
Limitation of Liability
ScissorsCut aims to make all reasonable efforts to ensure Services are delivered without complication. However, events may occur that are out of anyone’s control. As such, you agree that ScissorsCut is not responsible and will not be liable under any circumstances for any:
- interruption of business;
- access delays or access interruptions to the App and Website; data non-delivery, mis-delivery, corruption, destruction or other modification;
- computer viruses, system failure or malfunction which may occur in connection with your use of the App and Website, including during hyperlink to or from third party sites; or,
- loss of profits, loss of income, loss of contracts or any indirect or consequential loss or damage of any kind whatsoever arising and whether caused by tort (including negligence)
- breach of the Terms or otherwise. ScissorsCut maximum aggregate liability under the Terms whether in tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the customer to ScissorsCut in relation to the Services in question.
Services are subject to availability and ScissorsCut shall not be liable for Services that become unavailable as a result of sickness, accidents, acts of nature and other reasons beyond ScissorsCut’s control.
In no event will ScissorsCut be liable to You or any third party for any indirect, incidental, special, consequential, aggravated, exemplary, and/or punitive damages. ScissorsCut’s cumulative and aggregate liability for any and all breaches shall not exceed the total amount of fees paid under this Agreement, whether such liability is based in contract, tort, equity, at law, and/or upon any other theory of liability however arising.
Grant of Rights/Intellectual Property
ScissorsCut grants you a non-exclusive, non-transferable, revocable license to access and make personal use of the Mobile App and Website. You may not frame or utilize framing techniques to enclose the Mobile App and Website or any portion thereof without our prior written consent. All content displayed on the Mobile App and Website are protected by copyright law and all trademarks, service marks, logos and trade names of ScissorsCut included therein are the intellectual property of ScissorsCut, its licensors, vendors, agents and/or other content providers.
Third Party Content
The Mobile App and Website may contain links to other websites, services, and advertisements for third parties (“Third-Party Content”). ScissorsCut does not control and is not responsible for any Third-Party Content and is provided as a convenience only. Third Party-Content is governed by the terms and conditions of third parties.
- any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, national, or international law;
- advertisements or solicitations of any kind;
- impersonate others or provide any kind of false information;
- personal information such as messages which state phone numbers, social insurance numbers, account numbers or employer references;
We may terminate and/or suspend your account immediately, without notice, for any reason, including if there has been a breach or violation of any of the Terms and Conditions or other policies posted on the App or Website. We may suspend or cancel your account due to inactivity for an extended period, but we will attempt to notify you in advance of such cancellation or suspension.
We shall not be liable to you or any third party for any termination of your access to the ScissorsCut Services and/or Mobile Application and the Website. You agree not to attempt to use the ScissorsCut Services and/or the Mobile Application and Website after any such deletion, deactivation, or termination of access.
If any provision of this Agreement is determined to be unenforceable or invalid for any reason whatsoever, that unenforceability or invalidity shall not affect the enforceability or validity of the remaining portions of this Agreement and such unenforceable or invalid provisions or portion thereof shall be severed from the remainder of this Agreement.
All payments processed within ScissorsCut Application will be collected via credit card through the Stripe Payment Service. Charges paid by you are final and non-refundable, unless otherwise determined by ScissorsCut. Payments may be finalized at the time of Beautician’s acceptance of Client’s service request. No additional notice or consent is required to charge your credit card for fees due to us.
Payments are subject to applicable provincial taxes and Cancellation Policy (below). We may from time to time change the prices of the Services by publishing an updated price list on the website.
If we cannot charge your credit card for any reason, we may send you an email requesting you to update your payment information. Please note that any unpaid due fees will accrue interest at the rate of 1.5%, or the maximum legal rate if less.
On wedding package payments, clients can pay the total up-front cost of the services or in the alternative pay a 50% deposit in order to secure the Wedding Date. Deposits are non-refundable and will be credited toward your balance on the Wedding Date. Any outstanding balances will be charged 8 days prior to the Wedding Date along with any other supplemental charges that may be applied.
Beautician payments will occur on a bi-weekly basis to the bank account provided to the corporation upon Beautician registration. Any penalty deductions from pay-out (i.e. canceled service, no-show, etc.) will be stated in writing to the Beautician prior to bi-weekly payout date.
We require 24 hours notice by Client or Beautician for cancellations or appointment changes and no fees or penalties applied. Cancellations made by the Client or Beautician within 24 hours of the appointment will be billed 50% of the booked service charge. Cancellations made by the Client within 2 hours of the appointment will be billed the full service amount. Cancellations made by the Beautician within 2 hours of the appointment will be penalized the full service.
Clients acknowledge and accept that they are subject to be charged an extra fee for services performed after 9pm and before 9am from Monday to Friday. And after 6pm and before 10am on Saturday and Sunday.
Jurisdiction & Disputes
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.