TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES
Supply of Services
1. You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the supply of Services through the Platform, as well as any amendments to thereto, issued by Cutiefy Marketing Services (whether as part of use of the Platform or in relation to the supply of Services, on behalf of the Cutiefy Accredited Salons), from time to time. Cutiefy Marketing Services reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2. Services are provided by “Cutiefy Accredited Salons” (Seller). A particular service is listed on the Platform or may be stated on the webpage of Cutiefy Accredited Salons listing that Service. Services supplied to you by Seller will be governed by individual Customer Contracts (more details below).
3. Services supplied by the Seller, shall be agreements entered into directly and only between you and the Seller.
4. While the Seller endeavors to provide an accurate description of the Services, neither Cutiefy Marketing Services nor Seller warrants that such description is accurate, current or free from error.
5. You may place an Order by completing the Booking and Payment process on the Platform and clicking on the “Submit”. Seller will not accept booking orders placed in any other manner. You shall be responsible for ensuring the accuracy of your booking.
6. All bookings will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such booking(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances, you may request to cancel or amend the Booking which Seller will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Booking within an hour of the scheduled booking.
7. All bookings shall be subject to Seller’s acceptance in its sole discretion and each booking accepted by Seller (such accepted Booking to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Cutiefy Platform/Site confirming your booking, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Service(s). The Seller shall not be liable for any losses which may be incurred as a result thereof. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Booking received from or through the Platform in its absolute discretion. Please note that there are cases when a booking cannot be processed for various reasons. Cutiefy Marketing Services reserves the right to refuse or cancel any booking for any reason at any given time. You may also be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the booking.
8. Seller reserves the right to terminate the Customer Contract, in the event that a Service has been mispriced on the Platform, in which event Cutiefy Marketing Services shall, on behalf of Seller, notify you of such cancellation. Seller or Cutiefy shall have such right to terminate such Customer Contract whether or not salon employee have been dispatched or are in transit and whether payment has been charged to you. Upon termination of the Customer Contract, the Seller shall at the option of customer, credit or refund the payment charged for the Service, subject to the process and timelines of payment providers and/or payment partners.
Performance of Services
1. Performance of the Services shall be made to the address specified in the Customer’s Booking Order.
2. You acknowledge that performance of the Services is subject to availability of Seller’s employees and their schedule. Seller will make every reasonable effort to deliver the Service/s as per Booking Order. You also acknowledge that while the schedule information on the Platform is updated regularly, it is possible that in some instances Services may become unavailable between updates.
3. In the event of the Seller’s non-performance of the Services per booking order, Cutiefy will facilitate the credit or refund to the Customer subject to the process and timelines of payment providers and/or payment partners. The entitlement to credit or refund shall only be upon the Customer’s immediate Notice to Cutiefy Marketing Services of such non-performance and the Seller’s confirmation of its failure to perform service. Customer’s failure to comply with the said Notice shall constitute as a waiver and shall bar him from recovering the amount paid.
4. Failure to perform the Service/s other than by reason of the Seller’s fault and without prejudice to any other right or remedy available to the latter, the Seller may terminate the Customer Contract.
Prices of Services
1. The price of the Services payable by a Customer shall be the Listing Price at the time at which the Booking Order placed by the Customer is transmitted to Seller through the Platform. Cutiefy Marketing Services and/or Seller is determined to provide the most accurate pricing information on the platform to its customers. However, errors may still occur, such as cases when the price of a service is not displayed correctly on the site. As such, Cutiefy Marketing Services and/or Seller reserves the right to refuse or cancel any booking order. In the event that a service is mispriced, Cutiefy Marketing Services may, at its own discretion, either contact you for instructions or cancel your booking order and notify you of such cancellation. Cutiefy Marketing Services shall have the right to refuse or cancel any such booking orders whether or not the booking order has been confirmed and your credit card or bank account charged.
2. All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
Payment of Services
1. You may pay for the Service using any of the payment methods prescribed by Cutiefy platform from time to time. When you place a booking Order, actual payment will only be charged upon your booking order confirmation. All payments made through PayPal shall be made to Cutiefy Marketing Services, as Seller’s agent. You acknowledge that Cutiefy Marketing Services is entitled to collect payments from you on behalf of the Seller/s.
2. The payment methods may be subject to additional terms as prescribed by Cutiefy platform from time to time.
3. You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or Cutiefy Marketing Services, for any failure, disruption or error in connection with your chosen payment method. Cutiefy Marketing Services reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
4. If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason, and without prejudice to any other right or remedy available to Seller, the Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Services until full payment is made.
Refund and Credit
1. All refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash, where refunds may be made via bank transfer or credit into the individual’s bank account provided that complete and accurate bank account details are provided to us.
2. We offer no guarantee of any nature for the timeliness of the refund or credit reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
3. Costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by the customer.
4. All refunds and credit are conditional upon joint determination and acceptance of Cutiefy Marketing Services and the Seller of the Customer’s entitlement to refund or credit.
5. We reserve the right to modify the mechanism of processing refunds and credits at any time without notice.
Cancellation and Termination
· Cancellation by the Customer for Credit/Debit Card Payments: You may cancel the Customer Contract at least one (1) hour before the scheduled time of appointment made through the Platform. The customer however, shall shoulder the transaction fees charged by the banks and 3rd party payment providers. The transaction fees shall be deducted from the refund or credit. A cancellation fee of One Hundred Pesos (P100.00) shall be imposed upon the Customer for cancellations done less than one (1) hour from the scheduled time of appointment made through the Platform. The cancellation fee shall be deducted from the refund or credit. The Customer shall also shoulder the transaction fees charged by the banks and 3 party payment providers which shall also be deducted from the refund or credit.
· Cancellation by the Customer for Cash Payments: You may cancel the Customer Contract without any charge at least one (1) hour before the scheduled time of appointment made through the through the Platform. A cancellation fee of One Hundred Pesos (P100.00) shall be imposed upon the Customer for cancellations done less than one (1) hour from the scheduled time of appointment made through the Platform. The cancellation fee shall be added to your next booking charges.
· Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions, Seller, or Cutiefy acting on Seller’s behalf, may stop any Seller’s employee/s in transit, suspend further service/s to the Customer and/or terminate the Customer Contract effective immediately upon notice to the Customer. Termination is also effective immediately from notice after the occurrence of any of the following events:
1. Services under the Customer Contract being unavailable for any reason;
2. Customer being in breach of an obligation under the Customer Contract;
3. Cutiefy or Seller suspect illegal, illicit behavior or fraud in the part of the Customer.
4. In cases of force majeure.
Limitation of Liability
1. Notwithstanding any other provision of these terms & conditions, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the supply of services under each customer contract, shall not exceed the amount paid to Seller under such customer contract.
2. Cutiefy Marketing Services shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) amounts due from other users of the platform in connection with the purchase of any service/s; (ii) the supply of the services to you; and (iii) any defect arising from willful misuse, negligence, act, alteration or modification of the services or failure to comply with Seller’s instructions on the proper care related to the service/s provided (whether oral or written).
Settlement of Dispute
Purchase and performance of Services herein provided and any matter connected thereto shall be governed by and construed in accordance with Philippine law. Any dispute arising therefrom, parties shall attempt, in fair dealing and in good faith, to settle such dispute before resorting to the courts of law.
Questions and complaints
If you have any questions or complaints, please contact Cutiefy Marketing Services using the “Contact Us” page on www.cutiefyme.com. Cutiefy Marketing Services will liaise with Sellers on your questions and complaints.
· References to “Cutiefy”: References to “Cutiefy Marketing Services” or “Cutiefy” in these Terms and Conditions apply both to Cutiefy Marketing Services’ actions on its own behalf and/or as the operator of the Platform/Site, or on behalf of the Seller as the agent of the Sellers with respect to each and every Customer Contract.
· Seller may by notice issued jointly with Cutiefy Marketing Services through the Platform or by such other method of notification as Seller may designate solely through Cutiefy (which may include notification by way of e-mail), vary the terms and conditions of these Terms & Conditions. Such variation shall take effect on the date specified by the Seller. Use of the Platform or the Services after such date is deemed as acceptance of such variation. The latest version of these Terms & Conditions shall be applicable to the subsequent booking orders.
· Sellers shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions to Cutiefy Marketing Services or any of Cutiefy’s designated service providers, subcontractors and/or agents.
· Cutiefy Marketing Services reserve the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Cutiefy deems appropriate.
· Customer may not assign his rights herein without the Seller’s prior written consent. Seller may assign its rights under these to any third party.
· Money references under these Terms & Conditions shall be in Philippines Pesos.
· Seller’s failure to enforce these Terms & Conditions shall not constitute as a waiver nor shall it affect the latter’s right to enforce these terms. Seller would still be entitled to enforce its rights and remedies in any other situation where there is breach of these terms.
· Unless otherwise provided under these Terms & Conditions, these provisions and Seller’s rights and remedies herein are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms, or at law or in equity, shall operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.
· If at any time any provision of these Terms & Conditions shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions.
· These Terms & Conditions shall be governed by, and construed in accordance with the laws of Philippines.
· These Terms & Conditions of Sale shall constitute the entire agreement between you and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.