1.1 Definitions used in these Terms
”Booking Details” means the details of the Professional Services and Professional Services Fees which have been booked and paid for by the Customer. A copy of this is sent to both the Customer and Contractor via email, text or other appropriate communication.
“Customer” means any person who has registered with to become a Member to be able to book and pay for any Professional Services with Contractor via the CVmatograph Site.
“CVmatograph Ltd” s a trading name a private limited company registered in Scotland, with the company number SC689708 and registered at 87 Pennywell Gardens, Edinburgh, EH4 4TF
“Contractor” means an individual, professional who has registered with CVmatograph to be able to create an Conctractor Profile and offer his/her Professional Services on the Site.
“Contractor Profile” or “Professional Profile” or “Profile” means a true, accurate, complete and up-to-date description of the Contractor Member and details of their qualifications, training, experience, licenses, certificates, permits and registrations (as applicable) and the Professional Services offered in terms of treatments, therapies, styling and other services, as well as calendar appointment availability and pricing, all of which must be accessible on the Site.
“Member” means any Customer or Contractor who has completed CVmatograph’s account registration process either to become an “Contractor Member” or “Customer Member” under these Terms. “Members” means both Customer and Contractor Members unless otherwise stated.
“Professional Services” means the treatments, therapies, styling and other services, which may be added or changed from time to time, to be provided and delivered by Contractor Members, which must be legal, safe and comply with these Terms.
“Professional Services Fees” means the amounts set by the Contractor which are due and payable by a Customer in exchange for the Contractor’s Professional Services. The Contractor alone, and not CVmatograph, is responsible for setting its own Contractor Fees.
“Service Fee” means the fee that CVmatograph charges an Contractor for the use of the Site and Services, which is calculated as a percentage of the applicable Professional Services Fees, and/or as a subscription fee.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes or other withholding taxes imposed by the relevant fiscal authority on activities and transactions via the Site.
“we”, “us”, or “our” means CVmatograph Ltd.
“user” means Members and any visitor to the Site whether or not registered as a Member.
“you” and “your” means you as an Contractor or Customer or (where applicable) a
“Content” means text, graphics, images, music, software, audio, video, information, links, metatags, code and any other material of whatever nature which appears on or embedded in the Site which is owned by CVmatograph
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Contractor Profile or Member profile to be made available/accessible through the Site for booking by Customer Members.
1.2 These Terms and Conditions are applied to the website Cvmatograph. By using this website users/members are agreed to these Terms and Conditions. Also, during the registration process, user/member should distinctly give consent to these Conditions. Agreeing to the Conditions are being done by actuating the entry field and clicking “Sign up”. Also, in such case the user accepts these Terms and Conditions to be a binding part of the Membership Agreement. In each page of Cvmatograph can be viewed the version of the Terms and Conditions via link at the bottom.
1.2 This Terms and Conditions are binding between Members/Users and us.
These Terms and Conditions do not give rise to any legal contracts, pretentions or other profits or defence between users/members or in approval of third parties or with a protective effect for third parties. Provision of these Terms and Conditions shall not be enforceable under The Act 1999 - Contracts Rights of Third Parties.
1.3 Fees for using Cvmatograph may be charged where stated so.
1.4 Acceptance of the Terms and Conditions
2. General Regulations of Cvmatograph
2.1 Any Cvmatograph Member/user must adhere regulations in these Terms and Conditions and law in force. It concerns a content posted by Members/users of Cvmatograph.
2.1 CVmatograph provides the Platform as a online beauty market place intended for any individual or entity, being a Member/User that uses any aspect of the Platform (“User”, “Member”) as either: (i) an entity that is accessing a Platform to post a service offer or utilizing the services offered by CVmatograph.
2.3 CVmatograph is the sole interpreter of the Platforms’ intended and acceptable use that enables you to utilize the Platform. If you are downloading, accessing or using the Service on behalf of an entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to take responsibility for use of the Platform and Service in compliance with this Agreement and indemnify CVmatograph for your violation of this Agreement.
2.4 Cvmatograph must not be used for illegal activities. It is not allowed to breach of law and put into practise cash in hand or other method of reward with the aim of not paying relevant taxes or prescribed by law payments. It also concerns talks or other steps in preparation for illegal activities.
2.5. Due to responsibility may arise, users should check for restrictions and make sure that they act according to them, including where bringing such restriction to the attention of the other party required.
2.6 Any information transferring to personally contact is be forbidden, if the features supported by Cvmatograph for this goal are used for contacting. Generally, it is be prohibited to disclose contact information in the profile of users and in any comments, or in other information placed by user/member, inserting pictures or other files that keep such contact features.
3. Aims, Transfer and Lapse of the Membership Agreement.
3.1 Membership Agreement consists of permission to access to Cvmatograph on principle of these terms and Conditions, sorting out the schedule of fees and confer relevant additional conditions. Any services of mediator or broker are not entered in the Membership Agreement.
3.2 User/Member can view public pages of the Cvmatograph website.
3.3 The platform is supported by us in the form and with the functions and there is no guarantee that there won’t be any interruptions, or it will be error-free.
3.4 We don’t act as a broker or mediator.
3.5 We are not related to services advertised on the Cvmatograph whether as a contracting party or in any other way.
3.6 Cvmatograph system notification are generated by connection with an inquire or a quote. Procedure are backed up solely for the data of the member.
3.7 Cvmatograph is not involved in service offers and jobs posted and advertised at Cvmatograph website.
3.8 Notifications from Cvmatograph are provided for the information purpose.
4. Terms of carrying out Professional Services
4.1 When an agreement for carrying out a service is concluded using Cvmatograph website, entering parties will be only members of this contract - Customer and Contractor.
4.2 For agreements for payment, warranty claims, timescales, and other job relating aspects, the member need to contact the other member of service/job's contract.
4.3 All services/jobs are carried out only between the Customer and the Contractor.
4.4 CVmatograph does not carry out any checks and therefore makes no representations, warranties or undertakings about any member or the member’s claimed identity, background, registration details, profile or professional services or that a member is trustworthy, safe or suitable.
Any references in the website to a Member/User only indicates that the Member/User has completed the relevant account registration process and does not represent anything else. CVmatograph does not endorse, recommend or promote otherwise any Member or any Professional Services.
4.5 Cvmatograph, as well as Member can cease the Agreement of Membership at any time. Enquiries and Quotations after ceasing membership will be deleted after receiving a notice of termination. There is not any liability on Cvmatograph rising by this.
4.6 All beauty professionals that provide professional services where professional practice requires to have an appropriate professional license, must have this license, and are not allowed to offer services on the CVmatoghaph platform without this license.
All beauty professionals that provide professional services where professional practice requires to have an appropriate insurance, must have this insurance, and are not allowed to offer services on the CVmatoghaph platform without this insurance.
5 Registration /Data access's secrecy / Certificates’ presentation
5.1 Legal entities only and aged 18 or over natural persons that have full legal capacity can register.
5.2 Information posted on Cvmatograph website, information given for the registration of member's profile must be full and truthful. When changes happen, this data must be up-to-dated.
5.3 Chosen for the membership name must not break any valid rights, not be offensive for third parties. Membership name must not include the term “Cvmatograph” or other similar term, not include an e-mail or other Internet addresses and contact information.
5.4 Natural person or legal entity is not allowed to register more than one member's account.
5.5 Membership Agreement can't be assign by the member. Account of the member can't be transferred.
5.6 Those users/members who are going to use Cvmatograph for commercial purposes may upload a copy of their professional licence in their cabinet at Cvmatograph website. It is also concerning information inputted by a member on the Cvmatograph website about special qualifications, permissions, documentation.
5.7 Cvmatograph website does not warrant that data posted by users/members are correct. Checking information about data's relevancy, such as information about identity, qualifications, solvency, references, address is the responsibility of each user/member. In a case of necessity Cvmatograph may track any information available to us on incorrect data. Cvmatograph may ask users/member to correct such data or will block or delete incorrect data.
5.8 Users/members must provide as accurate and fully description as he can in order to create a reliable information
5.9 Information/enquiries which infringe the law are prohibited,
Information/enquiries which infringe the rights of third parties are prohibited,
Information/enquiries which infringe the provisions of the Membership Agreement are prohibited
Information/enquiries which infringe the provisions of common decency are prohibited.
Prohibitions applies in particular to:
Cvmatograph has right to delete such information/enquiries.
7 Cvmatograph disclaimers for Members Registration Details, Profiles and Member Content
7.1The profiles of Users contained in CVmatograph’s search results are created by people over whom CVmatograph exercises no control. We cannot guarantee that Users/Members are who they claim to be. We do not confirm the accuracy or completeness, or any Service Listing or other information submitted by any User/Member, including the identity of such User. CVmatograph assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Service Listing or other data and/or information available on the Platform.
any video, information, date, images, photo, materials, or application information (“Profile”) that you post, display, submit or otherwise make available through the Platform is subject to this Agreement. Without limiting the foregoing, however, please note that by making any Profile through the Platform, you are requesting and authorizing CVmatograph to make available your Profile.
8.1 If you are a Contractor
a) Each Contractor agrees and undertakes with CVmatograph that it is not CVmatograph, but only the Contractor who is solely responsible for honouring any confirmed bookings and making available the Professional Services which are arranged, booked and paid for by the Customer through the Site.
b) Where payments for bookings are made for your Professional Services via the Site, we will share with you the Booking details which will include:
(i) the first and last name of the Client who has made the booking,
(ii) Details of the Professional Services booked and paid for by the Customer,
(iii) the location, date and time at which the Professional Services are due to take place,
(iv) the Customers’ contact details.
c) As Contractor appoints CVmatograph as the Contractor’s limited payment collection agent, CVmatograph will pay the fees due to you in accordance with section 6.4 to 6.8 below.
8.2 If you are booking as a Customer
a) As a Customer, it is only you who selects which Contractor and which Professional Service you wish to book and therefore choose to enter into a booking and payment transaction with that Contractor. By doing so, it is only you who must understand and agree that you will be entering into an independent booking agreement/arrangement with that Contractor and accept any additional terms, conditions, rules and restrictions associated with such Contractors with respect to their Professional Services.
b) Payment of your Customer booking. You will be asked to provide the customary billing information such as name, billing address and credit/debit card information either to CVmatograph or our third-party payment processor(s). You agree to pay CVmatograph for any confirmed bookings made in connection with your CVmatograph Account in accordance with these Terms by one of the methods described on the Site, e.g. credit/debit card other payment provider.
You hereby authorise CVmatograph to collect such amounts from your registered card or payment provider.
8.3 CVmatograph’s Disclaimer for Bookings
Both the Customer and Contractor acknowledge and agree that only they, and not CVmatograph, will be responsible for performing the obligations of any such booking agreements/arrangements; that CVmatograph is not a party to such agreement/arrangements , and that, with the exception of its payment obligations hereunder, CVMATOGRAPH DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO ANY SUCH AGREEMENTS/ARRANGEMENTS BETWEEN CLIENT AND CONTRACTOR.
8.4 Fee collection and Payment to Contractor
Contractor appoints CVmatograph as the Contractor’s limited payment collection agent solely for the purpose of accepting the Professional Services Fees from Customers and paying out the appropriate amount to the Contractor once the Professional Service has been successfully carried out.
The Customer’s payment obligation to the Contractor for the Professional Services Fees is extinguished when these fees are received by CVmatograph. The Contractor agrees that payment made by a Client through CVmatograph, shall be considered the same as a payment made directly to the Contractor, and the Contractor will provide the Professional Services to the Customer in the agreed-upon manner as if the Contractor has received the Professional Services Fees.
CVmatograph is responsible for remitting the Professional Services Fees (less the Service Fees and appropriate Taxes), in the manner described in these Terms. If CVmatograph does not remit any such amounts as described in these Terms, such Contractor will have recourse only against CVmatograph and not the Customer for such amount.
CVmatograph’s obligation to pay the Contractor is subject to and conditional upon successful receipt of the associated payments from Clients. CVmatograph does not guarantee payments to Contractor for amounts that have not been successfully received by CVmatograph from Customers.
CVmatograph will collect the Contractor Fees at the time of payment processing (i.e. when the Customer enters their payment card details and clicks the ‘Pay Now’ button on the Site) which will initiate payment of the Professional Services Fees (including the Service Fees and any Taxes, such as VAT). CVmatograph will endeavour to remit the appropriate proportion to the Contractor as soon as practicable after the Professional Services take place (except to the extent that a refund is due to the Customer or other circumstance beyond CVmatograph’s control).
However, the time it takes for the Contractor to receive pay-outs may depend upon the pay-out method chosen by the Contractor. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Contractor, including by deducting their charges from the pay-out amount.
Other than CVmatograph’s payment processing duties specified above, CVmatograph assumes NO LIABILITY FOR ANY ACTS OR OMISSIONS OF THE CONTRACTORS AND CUSTOMERS.
8.5 CVmatograph’s Service Fees
In consideration for the use of CVmatograph’s Site and Services, CVmatograph charges, stated in the packages chosen by Contractors, Contractor Service Fees. Where applicable, Taxes (such as VAT) may also be charged in respect of the Service Fees. CVmatograph deducts the Service Fees from the Professional Services Fees payment before remitting the balance to the Contractor as described in these Terms. Balances will be remitted by CVmatograph Contractor via bank transfer, direct deposit, or other payment, or as agreed between the parties.
8.6 Payment Processing Errors
We will take steps to correct any payment processing errors that we become aware of and investigate those you notify us of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original pay-out or payment by you, so that you end up receiving or paying the correct amount. You agree to us doing this.
You, as a Contractor, understand and agree that you are solely responsible for determining your own applicable Tax reporting and payment requirements. You are solely responsible for remitting to the relevant authority any Taxes included or received by you. CVmatograph cannot and does not offer Tax-related advice to any Members.
8.8 Foreign Currency
Please note that your credit/debit or bank card issuer or payment company will use a currency conversion rate for and may impose a currency conversion fee on your payment or pay-out, if your card or bank account is denominated in a currency that is different from the booking currency or the pay-out currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on the payments or pay-out we remit to you. All of these currency conversion rates and fees are not controlled by or known to CVmatograph. CVmatograph will only pay out amounts net of all these charges.
9 Subscription payment terms
9.1 Unless otherwise stated, the Platform can be used at no charge.
9.2 Contractors may use the Platform at no charge during any trial phase specified by CVmatograph. Use of the Platform upon expiration of the trial phase and/or access to certain premium Services will be subject to a charge if stated so.
10.3 PLEASE NOTE THAT NO REFUND WILL BE GIVEN WHERE A CANCELLATION IS ATTEMPTED WITHIN THE TIME PERIOD SPECIFIED IN THE CANCELLATION POLICY OF THE RELEVANT CONTRACTOR.
11.1 Except as provided by law, all purchased Services, subscriptions fees are final and non-refundable. If you believe that CVmatograph has charged you in error, you must contact CVmatograph within 30 days of such charge. No refunds will be given for any charges more than 30 days old. CVmatograph reserves the right to refuse a refund request if it reasonably believes or suspects (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature; (ii) that you are in breach of the terms of this Agreement; (iii) that you are using any of the Service fraudulently. If you breach any clause of this Agreement, all payments are non-refundable, and we may bill you for the remainder of the payments due for the purchased Services.
12.1 If a customer/user came to a decision that a contractor has not completely fulfilled or delivered his/her advertised services, as detailed in their Professional Profile, and as booked and PAID by you, as a Customer on the CVmatograph website, then you should contact CVmatograph within 24 hours of the Professional Services taking place. CVmatograph will mediate where necessary and will have the final say in all disputes or if necessary, refer the dispute to an appropriate authority.
13.1If you think a Contractor/Member is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour; (ii) engages in any other disturbing conduct you should immediately report such person to the police or other appropriate authorities. You should then report the same to CVmatograph and give us details of your police report/incidence number. We may then take such action if so required to assist in the incident if required by the police or under the applicable law.
14.1 All (i) text on every page of the Platform, whether editorial, navigational, or instructional; (ii) logos, buttons, and other graphical elements on the Platforms; (iii) software including both client-side code and server-side code used by CVmatograph to provide Services; iv) colour combinations, button shapes, page layout, design and all other graphical elements of the Platform (“CVmatograph Content”), materials, methodologies, implementation plans or other intellectual property used during the provision of Services (“CVmatograph Materials”), the Platform and all right, title and interest therein are the sole property of CVmatograph or its licensors. CVmatograph Content and CVmatograph Materials are protected by copyrights, patents, trade secrets or other proprietary rights, some of them are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by CVmatograph. We have moral and registered rights in the CVmatograph, and other trademarks and you shall not copy, alter, use or otherwise deal in the marks without our prior written consent.
15.1 The Platform allows Users/Members to post, submit, display, or otherwise make available on the Platform Postings, Profiles or any other information, images, messages, and other materials (“User Content”). Users may occasionally post User Content, including messages or statements that are misleading, deceptive, or downright wrong. CVmatograph does not endorse and is not responsible for any opinion, advice, information, or statement contained in the User Content made or displayed on the Platform by Users. You acknowledge that by accessing the Platform, you may encounter content that you may find inappropriate and you acknowledge that CVmatograph shall have no liability to you for such content.
16.1 To the maximum extent permitted by law, you grant CVmatograph an unrestricted, non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit User Content for any purpose relating the Platform, Services and its business. Furthermore, you grant CVmatograph, its affiliates, and sublicensees the right to use your name and/or user name in connection with CVmatograph Content. When you apply for a job through CVmatograph you are sending your User Content to CVmatograph and asking CVmatograph to share that User Content with a third party. You represent and warrant that: (i) you own User Content posted by you on or through the Platform or otherwise have the right to grant the license set forth in this section, (ii) the User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) the User Content does not result in a breach of contract between you and a third party. You agree to pay all royalties, fees, damages, and any other monies owed to any person or entity by reason of content you post on or through the Platform. You agree to defend and indemnify CVmatograph and its affiliates from any claims resulting from any content or materials you provide hereunder.
17.1 Only registered account holder may access Platform and use the Service using the username and password provided for your account. You may not assign or delegate any of your rights or obligations hereunder without CVmatograph prior written consent and any such attempt is void. CVmatograph may assign or delegate its rights and obligations hereunder without notice to you.
17.9 The Services may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region or device. You acknowledge that we are not required to keep the Platform available for your use and we make no warranties as to its availability or that the Platform will operate continuously or error-free. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages. We accept no responsibility for the unavailability of this Platform, or any offer of Services found on the Platform, or any interruption or malfunction for any reason whatsoever (including failures of our Internet provider or web hosting service provider, third-party intrusions or force majeure). CVmatograph is not liable for any disruption or loss you may suffer as a result of not being able to access the Platform or Services. In the event of an outage, you may not be able to retrieve your User Content.
17.13 Without limiting the foregoing and by way of example only, Users may not:
a) Generate or facilitate unsolicited commercial email (“spam”);
b) Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content;
c) Intentionally distribute any Harmful Code;
18.1 CVmatograph may change the terms of this Agreement or modify or discontinue, temporarily or permanently, the Service at any time, for any reason, and without notice by notifying you of such changes by any reasonable means, including by registered email or providing a revised Agreement through the Platform. You agree that CVmatograph shall not be liable to you or any third party for any modification or discontinuance of the Service. By using the Platform and/or any Service you agree that you are informed about the latest version of the applicable Terms of Services.
19.1 Users must maintain in confidence any written information that (“Confidential Information”): (i) contains personal information or, where applicable, details of the business of any of user; (ii) details the business of CVmatograph; (iii) contains personal information of any Contractor; and (iv) is identified by either party as confidential and/or proprietary, other than information that the relevant party can establish: (A) was in the public domain at the time it was disclosed; (B) was already in the possession of a party when given, without having been acquired (directly or indirectly) from the other party; or (C) was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation. These obligations continue in full force and effect after this Agreement ends.
20.3 In respect of any data stored, processed or controlled by CVmatograph or otherwise on the Platform, the User acknowledges that the sole remedy shall be requiring CVmatograph to use reasonable endeavours to remove such data, or restore lost or damaged data.
22.1 CVmatograph does not guarantee traffic nor links on the Platform, Postings, Profiles or any specific results from the Services. You acknowledge that we are not responsible for the conduct or activities of any Contractor or Customer and that we are not liable for such under any circumstances.
22.1 Under no circumstances shall CVmatograph or its licensors be liable to any user on account of that user’s use or misuse of or reliance on the platform, arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (including any loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss) whether such claim is based on warranty, contract, tort (including negligence), indemnity, equity, or otherwise, irrespective of whether CVmatograph or its licensors have been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the platform, from reliance or damage caused by information posted on the platform, from inability to use the platform, or from the interruption, suspension, or termination of platform (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the platforms or received through any links provided in the platform. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the platform or any information or merchandise that appears on, or is linked or related in any way to, the platform. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
23.1 This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction, and performance of this Agreement.
24.1 The parties agree that this Agreement shall be accepted electronically and the agreement to the terms and conditions herein is formed and validly entered electronically.