SECTION 1 : YOUR USE OF THE WEBSITE
1.1 The terms and conditions set out on this page and in the documents referred to herein (the “Terms and Conditions”) govern your use of the our website, www.beauwery.com (the “Website”).
1.2 You should read all of the Terms and Conditions prior to using the Website. By accessing the Website, you agree to these Terms and Conditions. If you do not agree to these Terms of Conditions, you should immediately cease to use or access our Website.
1.3 You are responsible for all access to the Website through your Internet connection and for bringing these Terms and Conditions to the attention of all persons accessing the Website through your internet connection.
1.4 The Website is operated by Pixie Beauwers Philippines Inc, a company and owned by Pixie Beauwers Sdn Bhd which has granted Pixie Beauwers Philippines Inc an exclusive license to operate the Website in the Philippines. Your access to the Website is governed by the laws of the Republic of the Philippines and as further set out in Clauses 12.1-12.7 below.
1.5 In the course of your use of the Website you agree that you shall not submit to the Website or any user of the Website or use the Website in any way which:
(a) introduces, whether knowingly or negligently, any virus, unsolicited or spam emails, trojan horses, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or any other material, programme, code or other similar computer programming or application which adversely affects the operation of any computer software, hardware or the Website (or is designed to do so);
(b) gaining or attempting to gain unauthorised access to the server on which our Website is stored or any server, computer or database connected to our Website; and/or
(c) attacking our Website via a denial-of- service attack, distributed denial-of service attack or other similarly distruptive manner.
1.6 Breach of any of the provisions of this Section may constitute a criminal offence. Any such breach which we believe to be a criminal offence will be reported to the relevant law enforcement authorities and prosecuted to the fullest extent of the law. We will co-operate with the relevant law enforcement authorities by disclosing your identity to them. In the event of any such breach, your right to use our Website ceases immediately.
SECTION 2 : YOUR ACCOUNT WITH BEAUWERY
2.1 In order to make a booking (a “Booking”) for a service (a “Merchant Service”) listed by a service provider (the “Beauwery Merchant Partner”) on the Website you are required to register for a personalised account (the “Beauwery Account”). You may only create a Beauwery Account if you are aged 18 or above.
2.2 The process of creating a Beauwery Account requires you to provide us with your full name, contact details, email address and other similar information. Alternatively where available you may opt to create an account with us by sign in via Facebook login. You warrant that all the information you provide us with is true, accurate and complete at the time at which such information is provided, to ensure that all such information is updated and the information contained in your Beauwery Account remains true, accurate and complete each time a Booking is made using your Beauwery Account.
2.3 All personal information that we obtain as a result of your creation of a Beauwery Account whether submitted by you to our Website or through Facebook will be held and used in accordance with the terms of our privacy policy (the “Beauwery Privacy Policy”) and any additional consents that we may request and thereafter obtain from you from time to time. By submitting your personal information for the purposes of registration of a Beauwery Account you hereby acknowledge that you agree and accept the Beauwery Privacy Policy, its terms and consent and authorise us to process your personal data for the purposes set out in the Beauwery Privacy Policy. The Beauwery Privacy Policy is set out in full at [ insert link ], the terms of which are hereby incorporated by reference and which shall constitute part of these Terms and Conditions.
SECTION 3 : BEAUWERY ACCOUNT PASSWORD AND SECURITY DETAILS
3.1 When creating a Beauwery Account you will be required to create a unique password to allow you to access your Beauwery Account. This is necessary to ensure that only you are able to access your Beauwery Account.
3.2 The safety and security of your password and log in details are solely your responsibility. You must therefore ensure that both your username and password are stored safely and are not revealed to third parties. We recommend that the password you use for the Beauwery Account comprises of eight characters or more and, ideally, contains a combination of symbols and alphabets. Your Beawery Account password should not be used for accounts on other websites.
3.3 After the end of a session on the Website we recommend that you sign out of your account and close your browser window. This is particularly important when accessing the Website from a shared computer or in a public place.
3.4 In the event that you notice any suspicious activity or have any reason whatsoever to suspect that the security of your account has been compromised you must notify us immediately by contacting us at hello@beauwery.com. Any alleged unauthorised account activity will be investigated and where necessary the appropriate legal action will be taken. We reserve the right to disable or block your Beauwery Account at any time in the event that it is suspected that there has been unauthorised access of your Beauwery Account.
3.5 While we will take all reasonable steps to ensure that in so far as it is in our power to do so the details of your order and payment are kept secure. However in the absence of a grossly negligent act on our part we cannot be held liable for any losses you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
SECTION 4 : MAKING AND PAYING FOR A BOOKING
4.1 Upon Booking you may pay for all Merchants Services listed on our Beauwery Merchant Partners landing page on our Website.
4.2 Orders placed with us are subject always to availability, capacity and acceptance by both us and the relevant Beauwery Merchant Partner. In the unlikely event that a Merchant Service is not available for any reason we may elect to cancel both the contracts described in Clause 4.3 below at our absolute discretion. Where this is the case we will notify you immediately and attempt to reschedule your Booking to a time and date agreeable to you failing which we shall return any payment that you have made in full within 14 working days.
4.3 When you purchase and pay for Merchant Services listed on Beauwery you enter into two separate binding legal contracts namely:-
(a) a contract between yourself and Beauwery governing the booking and collection of payment service that Beauwery provides in its capacity as agent of the Beauwery Merchant Partner and in respect of which the obligations between Beauwery and yourself are governed by these Terms and Conditions; and
(b) a contract between you and the relevant Beauwery Merchant Partner governing the provision of the Merchant Services booked via our Website which is governed by the relevant provisions of this Terms and Conditions and which may include additional terms and conditions specific to that Beauwery Merchant Partner.
Where there are additional terms and conditions specific to the Beauwery Merchant Partner, we will inform you of the additional Terms and Conditions relevant to your booking either through the Beauwery Merchant Partner’s page on the Website or in the Order Summary page displayed on the Website prior to you making payment for your booking.
4.4 Our responsibility is strictly to take, manage and conclude your booking of the relevant Merchant Service and to collect payment on behalf of the relevant Beauwery Merchant Partner. In so doing our role is limited to that of agent of the relevant Beauwery Merchant Partner. Upon your payment to us of the fee in respect of the Merchant Service your debt to the relevant Beauwery Merchant Partner in respect of the Merchant Service that you have booked.
4.5 Please note that the provision of any Merchant Service booked via our Website and the legal liability for any issues arising from the provision of Merchant Services is solely the responsibility of the Partner which provides them. Where you have paid for Merchant Services through the Website, we will transmit your payment to the relevant Beauwery Merchant Partner.
4.6 We reserve the right to withdraw access to our Website and/or cancel any Booking in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account.
4.7 Beauwery and the Beauwery Merchant Partners further reserve the right to alter the nature and details of the Merchant Services available for booking on the Website at any time.
SECTION 5 : PAYMENT AND THE PRICES LISTED ON BEAUWERY
5.1 Upon choosing a service for a Booking and prior to paying for the Booking, you will be taken to an “Order Summary” page on the Website containing a summary of your order which includes the details and amount of your order. Please check to see if the order summary and the details are correct prior to making payment and submitting your Booking. Please note that full payment must be made in Philippine Pesos immediately for the entirety of your Booking. Any currency conversion costs or other charges of similar nature incurred by you upon making payment shall be borne by you in addition to the price due to us.
5.2 Payment for your order may be made by credit or debit card via a third party payment processor such as PayPal (“Payment Process”). Where payment is made via a third party payment processor, you will be automatically redirected to their site to make payment and your transaction will be subject to that payment processor’s processes, terms and conditions, privacy policy and other terms of use.
5.3 We will undertake best efforts to ensure the Payment Process is available and functioning at all times, but are unfortunately unable to guarantee, represent or warrant uninterrupted and/or secure access to such Payment Process, or any guarantee, representation or warranty to the effect that the Payment Process is and will remain timely, unaffected by viruses, error free and timely.
Access to the Payment Process may occasionally be restricted for purposes of repair and/or maintenance or other similar purpose. We will undertake best efforts to provide you with reasonable notice of scheduled interruptions to the Payment Process and will do what we can to restore access to the Payment Process as soon as possible.
We may however on occasion we may require access to the Payment Process to be suspended for the purposes of repair, maintenance or other similar purpose. Where this is the case we may suspend all access to the Payment Process without any notice to you.
5.4 When you pay for your Booking via the Payment Process, Beauwery collects payment in our capacity as the commercial agent of the relevant Beauwery Merchant Partner. Upon our receiving payment from you via the Payment Process, your debt to the relevant Beauwery Merchant Partner on whose behalf we are to collect payment shall be discharged.
5.5 You agree to take every effort care when providing us with your details upon ordering and warrant to Beauwery that the details provided are both accurate and complete at the time that your order is placed. You further warrant to us that the credit or debit card details that you provide are that of a credit or debit card belonging to you and that the funds contained in the relevant savings, credit card or debit card account used for payment has sufficient funds to make payment for your order.
5.6 To ensure that shopping online is secure, your debit and/or credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct addditional security checks in relation to your order. Payments are processed by our payment partners such as PayPal. We do not process or store any information relating to the credit or debit card that you use for payment handle any aspect of the payment that you make.
5.7 When you have paid for your order online, we will send you an email summary containing a code (the “Verification Code”) (collectively the “Email Confirmation”) which confirms that we have received your order. This Email Confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any of the details contained in the Email Confirmation are incorrect.
5.8 The prices of the Merchant Services listed on the Website are correct at the time they are published. We do however reserve the right to alter these prices in the future. In the unlikely event that we find the price of the Merchant Service that you have ordered to be either not current or incorrect, we will contact you to inform you of the difference in price. In such event you will be given a choice of paying the difference or to opt out of the order. Where you choose the latter, a full refund of the amount you have already paid will be made.
5.9 Please note that the price of all Merchant Services as contained on the price list displayed on the Website is inclusive of the relevant value added tax. You are able to procure of a BIR Receipt from the relevant Beauwery Merchant Partner upon completion of the Merchant Service in your Booking.
SECTION 6 : RESCHEDULING OR CANCELLATION OF A BOOKING AND OUR REFUND POLICY
Rescheduling
6.1 In the event that you wish to reschedule your appointment time or date after you have received an Email Confirmation you must contact us immediately by telephone through the contact details contained on the Website and quoting your booking number.
6.2 We shall assist with obtaining and offering you an alternative booking time and/or date suitable to both you and the respective Merchant Partner.
6.3 In the unlikely event that either Beauwery or the relevant Merchant Partner with whom your booking was made is unable to accommodate your request to reschedule your appointment then:
(a) if your request to reschedule was made 12 Working Hours before the time and date of your appointment we will offer you a full refund in respect of the part of your Booking which we are unable to reschedule; or
(b) if your request to reschedule was made 4 Working Hours before the time and date of your appointment we will offer you the equivalent number of Beauwery Reward Points in respect of the part of the Booking which we are unable to reschedule.
6.4 Please note however that we are unable to reschedule or make any refund whatsoever in respect of a request to reschedule made 2 Working Hours before the time and date of an appointment Cancellation and Refund Policy
6.5 Should you decide that you wish to cancel your booking, you must contact us immediately by telephone through the contact details contained on the Website and quoting your booking number. We will then be responsible for notifying the relevant Merchant Partner to notify them of your intention to cancel.
6.6 Please note that we are unable to refund cancellations of any appointment due to be performed within 12 Working Hours of your notifying us of your intention to cancel.
6.7 Where a cancellation is made in accordance with these Terms and Conditions, we will refund or re-credit your debit or credit card with the full amount within 14 days.
SECTION 7 : BEAUWERY REWARD POINTS
Collecting Beauwery Reward Points
7.1 Making and paying for certain orders on Beauwery automatically grants you a certain number Beauwery Reward Points.
7.2 The precise number of Beauwery Reward Points granted to you corresponds to a pre-determined percentage of the total portion of the price paid by you through debit or credit card to the Beauwery Merchant Partner on the Website. You will be notified of the exact percentage applicable to your order on the Website, the relevant Beauwery Merchant Partner’s page on the Website and/or upon checkout.
7.3 Each Beauwery Reward Point is equivalent to 1 Peso.
7.4 Upon completion of the Merchant Service contained in your Booking by the relevant Beauwery Merchant Partner, the total number of Beauwery Reward Points earned from that specific Booking will automatically be credited to your Beauwery Account. The number of Beauwery Reward Points earned from that Booking will also be reflected in the Email Confirmation that we send to you along with the total number of Beauwery Reward Points that you have in your account.
7.5 For the avoidance of doubt no Beauwery Reward Points shall be granted in respect of any bookings made and/or paid for directly to the Beauwery Merchant Partner.
7.6 We reserve the right to rectify the amount of Beauwery Reward Points credited to your Beauwery Account in the event of an inconsistency, inaccuracy, or any other event of similar nature relating to the number of Beauwery Reward Points credited to your account. Notwithstanding that an outcome which is equitable and reasonable to all parties shall be the objective of the resolution of any dispute relating to Beauwery Reward Points between you, Beauwery and/or the relevant Beauwery Merchant Partner, any such dispute shall be determined at the sole discretion of Beauwery and such decision shall be deemed final.
Utilisation of Beauwery Reward Points
7.7 Redemption of Beauwery Reward Points requires you to redeem Beauwery Reward Points you have earned on previous Booking(s) in exchange for having to pay the equivalent portion of the price of the Merchant Service service(s) being booked at the relevant time. Beauwery Reward Points may only be redeemed on Beauwery for Merchant Services.
7.8 After having made and paid for your first eligible order on Beauwery, your Beauwery account with be credited with the requisite number of Beauwery Reward Points from your previous Booking. You may opt to redeem your Beauwery Reward Points on any subsequent booking you make on Beauwery.
This may be done after the selection of your desired service(s) on the Website page containing the Order Summary by keying in the number of Beauwery Reward Points that you wish to redeem in respect of the Booking being made at the time.
7.9 Upon redeeming Beauwery Reward Points as entered by you on the Website page containing the Order Summary and as confirmed by the Email Confirmation you may not cancel, revoke or change the manner of utilisation of the Beauwery Reward Points in respect of that Booking.
General Terms and Conditions
7.10 Beauwery Reward Points are not cash or a substitute for cash, are not exchangeable for cash and may not be withdrawn in any manner otherwise than as stated in Clauses 7.7 and 7.8 above.
7.11 Beauwery Reward Points are not transferable to any person or entity or to another Beauwery Account.
7.12 We reserve the right to limit the transactions on which you are eligible to earn or use Beauwery Reward Points in such manner as we may deem fit. In the event that we decide that Beauwery Reward Points may not be used for a particular type of transaction we will notify you at the relevant Beauwery Merchant Partners landing page on our Website, the page indicating the promotion and/or upon the page of the Website containing the Order Summary.
7.13 Beauwery reserves the right to cancel and revoke any Beauwery Reward Points where we have reason to believe that such Beauwery Reward Points were obtained dishonestly, fraudulently or in violation of these Terms and Conditions. Where Beawuery Reward Points are obtained dishonestly, fraudulently, or in violation of these Terms and Conditions such action may also constitute a criminal offence. Any such breach which we believe to constitute a criminal offence will be reported to the relevant law enforcement authorities and prosecuted to the fullest extent of the law. We will co-operate with the relevant law enforcement authorities by disclosing your identity to them. In the event of any such breach, your right to use our Website ceases immediately.
7.14 Notwithstanding the provisions of Section 6 set out above, no refund shall be made in respect of Beauwery Reward Points utilised for a booking which is rescheduled or cancelled by you.
In the unlikely event that Beauwery or our Beauwery Merchant Partner reschedules or cancels your booking any Beauwery Reward Points redeemed in respect of that order shall be fully refunded to your Beauwery account.
SECTION 8 : THE BEAUWERY WEBSITE
8.1 We may decide from time to time require that all content, material and information displayed and/or made available on our Website is updated and/or varied. We reserve the right to vary and or update any of the content and information on our Website without any notice to you.
8.2 While we strive to ensure that the content and information and contained on our Website is correct and uptodate, we are unable to guarantee, warranty or represent that the content and information on our Website is accurate, up-to-date, fit for purpose or free from error or omissions.
8.3 Additionally, while we aim to make the Website available to you continuously throughout the day, due to factors outside of our control, we are unable to provide a guarantee, warranty or representation that the Website will in fact be available continuously on any 24 hour period or that your access to the Website will be continuous, uninterrupted and/or error free.
8.4 Additionally, on occasion we may require that access to the Website be suspend to allow us to carry out repairs, maintenance and upgrades to the Website or for other similar reasons. Where this is the case we may suspend all access to the Website without any notice to you.
8.5 While we aim to make our Website compatible with most web browsers, hardware, operating systems and other software, we are unable to guarantee, warrant or represent to you that our Website is and/or will be compatible with the browser, hardware, operating system or other software that you us to access our Website.
SECTION 9 : INTELLECTUAL PROPERTY AND TRADEMARKS
9.1 The intellectual property in and to the Website, all content and contained therein and any information made available on the Website is owned, and/or licensed to by us, our licensors or our service providers. We reserve the right to enforce our rights in respect thereof to the fullest extent of the law.
9.2 The Beauwery logo, name and all design contained on the Website are trademarks belonging to us, our licensors or other third parties. We expressly prohibit users from using any of the design, logo or our business name without our written permission. We reserve the right to enforce our rights in respect thereof to the fullest extent of the law.
9.3 You may make copies whether digital or in print of any part of the Website for your personal reference or draw the attention of others to any of the content, material or information contained on the Website. If you elect to so do, you are expressly warrant to us that you will not alter in any way that content, material or information or utilise components of any such content, material or information to be utiliseed in varying combinations.
9.4 We hereby grant to you a non-exclusive license which shall be royalty-free and revocable at any time we so choose, to provide a link from your website to our Website. By utilising this license use you represent and warrant to us that you will at all times ensure that our reputation is not in anyway impugned, you shall not make any warranty or representation to any third party about us or the services we provide, and that any information you provide to third parties relating to the content, material or information derived from us is factually true and accurate and not misleading or derogatory.
9.5 For the avoidance of doubt, no part of any of the content, material and/or information displayed and/or made available on our Website may be reproduced for commercial purposes and/or public circulation without first obtaining express written permission from Beauwery.
SECTION 10 : NON-LIABILITY
10.1 While Beauwery has taken all reasonable steps to ensure that the information and content available on this Wesbite is accurate and error free, we are unable to and do not warrant that the content and information contained on this Website does not contain errors, is fit for purpose, timely, is free of viruses or bugs, is functional, accurate or reliable or complete. Further we make no representation or warrant whatsoever whether express or implied, relating to fitness for purpose or accuracy of the Website.
10.2 We disclaim any and all liability to you to the fullest extent permissible under applicable law.
10.3 We are unable to accept any liability for any direct, indirect or consequential losses or damages whether arising as a form of loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, loss of revenue, loss of reputation, loss of operation time or loss of data, loss of, damage to or corruption of data; or liability to third parties, whether or not such losses or liability was reasonably foreseeable or we had been advised of the possibility of you incurring such losses or liability and in any case irrespective of whether any such losses arise out of the Use of the Website or by purchasing any products or services from us.
10.4 While Beauwery has taken all reasonable steps to and ensure that all data collected from you is stored as securely and safely as possible and to prevent Internet fraud or other similarly criminal activity, we cannot be held liable in the unlikely event that either our computer servers or other similar storage devices belonging to third parties on which any such data is stored is breached. Further, we are unable to accept liability for any failure to maintain the Website or for any issues that may arise therefrom.
10.5 The above notwithstanding, neither Beauwery nor the relevant Beauwery Merchant Partner shall be held liable in any way whatseover for any failure or delay in performance of the Service by our Beauwery Merchant Partner caused by acts, omissions or forces outside our reasonable control such as events that can not be anticipated, controlled, or prevented by the exercise of prudence, diligence, and care. These shall include riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority, earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity and strikes at national or municipal level or industrial disputes at a national or municipal level, or strike or industrial disputes by labour not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the works but excluding any industrial dispute which is specific to the performance of the works or this contract.
10.6 Nothing in this clause affects your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to a total of the amount you have paid for the relevant Merchant Service. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
10.7 Please note that the Website is provided for domestic personal use. You may not use our Website for any commercial or business purpose unless we have entered into a contract with you to engage your business as a Beauwery Merchant Partner.
SECTION 11 : THIRD PARTY WEBSITES
11.1 On occasion there may be website links contained on the Website that link to websites controlled by third parties (a “Third Party Website”). Links to Third Party Websites are provided for your ease of access and convenience.
11.2 Where this is the case the content and operation of such Third Party Websites is always determined and controlled by the third party owner of the relevant Third Party Website. Beauwery is unable to control and influence the control and operations of such Third Party Websites or assume responsibility over or represent or warrant in that the relevant Third Party Website or any content contained therein is safe or accurante.
11.3 Should you choose to access such Third Party Website you do so at your own volition and at your own risk.
SECTION 12 : GENERAL
Indemnity
12.1 You agree to defend, indemnify and hold us, Beauwery Merchant Partners and any of our affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or related to any violation of these Terms of Use by you or users of your Beauwery Account.
Geographical Service
12.2 Use of the Website shall be confined at all time to use within the Reupublic of the Philippines. Dispute Resolution and Mediation Clause
12.3 Any dispute, demand, claim or cause of action including but not limited to the interpretation and scope of this Clause 12.3 shall be required to first be negotiated by the you, us and the Beauwery Merchant Partner in good faith in the manner prescribed in this Clause 12.3. Should you wish to raise a dispute, demand, claim or cause of action you shall first be required to submit a written complaint by email to hello@beauwery.com within 14 working days of becoming aware of the subject matter of the dispute, demand, claim or cause of action. You will then be required to attend a meeting with us in person to attempt to resolve such dispute, demand, claim or cause of action in good faith.
12.4 In the event that we are able to resolve the matter at the meeting described in Clause 12.3 above, the matter shall be deemed to have been fully and finally settled and the outcome shall be recorded in writing and endorsed by both parties.
12.5 In the event that you and Beauwery and/or the Beauwery Merchant Partner are unable to resolve the issue, you hereby agree that the issue shall first be brought for mediation before a mediator of the courts of law of the City of Makati, Republic of Philippines before any further action taken by either party.
Applicable law and jurisdiction
12.6 The Terms and Conditions, use of the Website and other non-contractual relationships relating thereto shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Exclusive jurisdiction over and the venue of any suit arising our of or relating to these Terms and Conditions shall be vested in the courts of law of the City of Makati, Republic of the Philippines.
12.7 You submit to the exclusive jurisdiction of the abovementioned courts in respect of any dispute which may arise under these Terms and Conditions, the use of the Website and other non-contractual relationships relating thereto.
Variation of these Terms and Conditions
12.8 We reserve the right to revise and alter these Terms and Conditions from time to time without prior notice to you. Prior to making a Booking please ensure that you have read and are familiar with the version of the Terms and Conditions in place at the time of the Booking.
Severability
12.9 Where any of the terms or conditions contained in these Terms and Conditions are unenforceable or are determined to be void, illegal, invalid or otherwise unenforceable by reason of the laws of any state in the Republic of the Philippines or the laws of the Republic of the Philippines then any such term or condition shall, to the extent of such voidness, illegality, invalidity or unenforceablity, within the jurisdiction in which that term is void, illegal, invalid or unenforceable, be severed and deleted and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable in effect.
END OF TERMS & CONDITIONS
