GENERAL TERMS AND CONDITIONS FOR SERVICE USERS
- Stylist Piazza is a web-based app for ordering Styling Services which communicates Styling service requests to Stylists who have been registered as users of the Stylist platform. Stylist Piazza Limited is a Private Limited Company with its registered address at 2, Emma Agunanne, Okomala Ilasamaja, Lagos State, Nigeria, and incorporated under the Companies and Allied Matters Act 2020 with Registration Number 1960079, and is the holder of rights, the service provider of the Stylist Piazza app and the operator of the app in Nigeria.
- These General Terms of Use (‘Terms’) govern the access or use by you, an individual (‘User’) from within Nigeria of applications, websites, contents, products, and services (‘the Services’) made available by Stylist Piazza Limited.
- Using the Stylist Piazza App
- The use of the Stylist Piazza (SP) app requires installation of the software and registration of a user account. During the installation of the SP app, the mobile number of the SP service user is linked to the respective user account and added to the database.
- When using the SP app, the user can choose whether he/she wishes to pay in cash or via in-App payment for the Styling service to the Stylist. Once a payment option has been selected, the user cannot change this.
- Any complaints can be sent to our support team via email at Stylistpiazza@gmail.com through the Styling App by using the support button, or by calling our support line…….(available on weekdays 09.00-17.00 W.A.T).
- Payment
- You understand that use of the Services may result in charges to you for the services you receive from the Stylist. After you have received services or goods obtained through your use of the Service, Stylist Piazza will facilitate your payment of the applicable Charges on behalf of the Stylist as such Stylist’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Stylist.
- Charges may include other applicable fees, including a booking fee, and processing fees, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable unless otherwise determined by Stylist Piazza. You retain the right to request lower Charges from a Stylist for services or goods received by you from such Stylists at the time you receive such services or goods. Stylist Piazza will respond accordingly to any request from a Stylist to modify the Charges for a particular service or good.
- All Charges are due immediately and payment will be facilitated by Stylist Piazza using the preferred payment method designated in your Account, after which Stylist Piazza will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Stylist Piazza may, as the Stylist limited payment collection agent, use a secondary payment method in your Account, if available.
- As between you and Stylist Piazza, Stylist Piazza reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time.
- You may elect to cancel your request for services or goods from a Stylist at any time prior to such Stylist’s arrival, in which case you may not be charged a cancellation fee. However, upon the arrival of the Stylist, any cancellation by either the Stylist or Customer attracts a penalty cancellation fee of 10% of the proposed service fee.
- Stylist Piazza does not designate any portion of your payment as a tip or gratuity to the Stylist. Any representation by us (on our website, in the Application, or in our marketing materials) to the effect that tipping is voluntary, not required, and/or included in the payments you make for services or goods provided is not intended to suggest that Stylist Piazza provides any additional amounts, beyond those described above, to the Stylist.
- You understand and agree that, while you are free to provide additional payment as a gratuity to any Stylist who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Stylist.
- In-App payments can be made by a user of the Stylist Piazza app who has included his/her card details on the app. When making in-App payments, the receiver of the payment is Stylist Piazza Limited, who forwards the received payment to the styling service provider.
- When making in-App payments, a service fee is added per each order of the Styling service. The named service fee includes payment commission fees, inclusive of Credit or Debit card service fees. The amount of the service fee is displayed in the mobile app. In the event that the in-App payment intermediary enacts a fee for the usage of the payment service, which has to be paid by the customers separately, then the named fees are not included in the Stylist Piazza in-App payment fee.
- The intermediation of card payments in the Stylist app is carried out through a third party provider.
- Stylist Piazza shall be responsible for the functioning of card payments and offers card owners support in solving problems. The resolution of in-App payment related disputes also takes place through Stylist Piazza in cases where the issue is directly related to the in-app payment process. The contact for Stylist Piazza in-App payment support service is: stylistpiazza@gmail.com Inquiries submitted by e-mail shall receive a response within 7 (seven) working days. Stylist Piazza shall resolve all in-App payment related complaints and applications upon complete clarity on the issue within four business days.
- When offering in-App payments, Stylist Piazza acts as the economic agent of the Stylists by intermediating payments made in the app. The obligation of the customer in front of the Stylist shall be considered fulfilled as of the moment when the payment order is made for the payment of funds into Stylist Piazza bank account. We shall not be responsible for the exercise of the customer’s payment order.
- Ordering or canceling a Styling service
- If the Stylist Piazza app user makes an order of a stylist and the Stylist has confirmed the receipt of service then the Styling service is considered pre-ordered.
- Canceling the use of an ordered Styling services is considered to be the situation where the Stylist has been notified about the receipt of an order and the Stylist Piazza app user waives the use of the Styling service after a notice has been received.
- Canceling the use of an ordered Styling service is also considered to be the situation where the user of Stylist Piazza app or people whom the styling service was ordered does not arrive within the agreed location within thirty (30) minutes of the time when the Stylist notified them about his/her arrival in the destination.
- In case of canceling the Styling service the app user is not required to pay a penalty fee of 10% of the proposed service fee unless the Stylist have arrived the User’s destination.
- We have the right to revoke the right to use the app if the user has waived the use of the Styling service on 3 successive instances in one 24 hour period. In that case, the app notifies the user about the number of cancellations and after waiving the 3rd time, Stylist Piazza cancels the usage right. Stylist Piazza app usage right can be canceled for up to six months. After that the user can reactivate his/her user account by contacting the local team via email. Access to app can also be revoked on the basis of harassment, providing false information/allegations and engaging in any criminal activities.
- Use of the Stylist Piazza app
- Stylist Piazza is a mobile app that enables persons requiring a styling service to find a Professional Stylist closest to them.
- The use of the Stylist Piazza app is based on a non-exclusive license issued by Stylist Piazza Limited. The license agreement is valid for a non-limited period and is free of charge for the service user. In case of any faults in the software, we shall endeavour to correct them as soon as possible, but please keep in mind that the functionality of the app may be restricted due to occasional technical errors and we are not able to guarantee unlimited faultless functioning of the app at all times. We shall also accept no liability for any losses incurred as a consequence of the Stylist Piazza app not functioning or not being usable in the desired manner. In the event that the customer’s right to use the app is canceled, the corresponding non-exclusive licence shall also be repealed.
- As the Stylist Piazza app is primarily a link between users and Styling service providers, Stylist Piazza cannot influence or take any responsibility for the quality or defects of the service. Stylists on the app are not employees and for this reason, we are unable to guarantee the consistently accurate and faultless provision of Styling services located via the Styling Piazza app. For resolving complaints, please contact our support team.
- The consumer’s right of refund (withdrawal) is not applied to Stylist Piazza app orders.
- A customer must be 18 and above to register and use the app If a user is under the age of 18, he or she must be accompanied by someone who is 18 years or older. Unaccompanied minors are not to use the app solely by themselves and Stylist Piazza bears no liability for unaccompanied minors.
- Stylist Piazza app is set up to help people connect to professional stylists closest to their location is not a means for the delivery of parcel. Moving parcels is not under the purview of this platform and Stylist Piazza shall not be held liable for missing or undelivered parcels. A user must also be accountable for any such items entrusted to a stylist.
- Stylist Piazza would help to recover lost and forgotten items only in the event that these items are found and taken to the company’s office. Furthermore, these recovered items that have been taken to the company’s office have a 14-day time span to be retrieved after which Stylist Piazza will not be held liable for them.
- By registering an account with Stylist Piazza, a customer shall accept the following conditions:
- Stylist Piazza shall have the right to add the personal data of the app user to the company’s database and to forward the personal data to styling service providers in accordance with the Styling Privacy Policy.
- Stylist Piazza shall have a right to make unilateral amendments to the Terms and Conditions and Privacy Policy and to relinquish the database to third parties. We may notify users of changes to Terms and Conditions and Privacy Policy.
- Stylist Piazza shall be entitled to transfer the database of personal data to third parties with prior notification of the app users. In case of a transfer of the business or the database, the rights and conditions arising from this license agreement shall be transferred as well.
- Stylist Piazza shall be entitled to forward personal data and bank data to credit card and mobile payment intermediaries.
- Stylist Piazza has the right to send marketing messages and authentication codes through SMS messages.
- Stylist Piazza only encourages the use of 2 modes of payment i.e Cash payment and in-App payment (Card) we bear no liability on damages that may occur outside the outlined acceptable payment methods.
- Good practice of using the Stylist Piazza app
- As Stylist Piazza is not a provider or broker of the Styling service, we are unable to influence the quality of the Styling service.
- Stylist Piazza is committed to contributing to improvement of the quality of styling services. For this reason, we continuously collate ratings and ask users to fill out a feedback form in the app. This enables us to offer suggestions to the Stylists for improving the quality of their service.
- We expect that the users of the Stylist Piazza app use the app in good faith and are respectful of the Stylist who offer their services through Stylist Piazza.
- Stylist Piazza shall make every effort to ensure that only stylists, who have integrity and are respectful of their profession and customers, use the Stylist Piazza app. However, we are in no position to guarantee that every provider of styling services, located via the Stylist Piazza app, satisfies the aforementioned criteria at all times. If you experience objectionable styling service, please notify the company responsible for the service, a supervisory authority or our support team.
- In the event that we receive a complaint, which has an element of the commission of a crime by a Stylist, the user shall make a formal complaint to the Nigerian Police Force, an report is tendered, and the Stylist shall cooperate with the Nigeria Police Force in ensuring that the allegations contained in the complaint are diligently investigated.
- In the event that a user makes an allegation against a Stylist, especially in events where details of the Stylist are shared online, Stylist reserves the right to seek legal redress and may pursue legal recourse against damages to their character.
- Free Styling referral campaign
- Stylist Piazza shall reward her clients with a discount code for every new unique customer they invite to use the app. Discount codes are applicable when a card or cash payment option is selected.
- The discount code will be valid if the newly referred client uses cash payment or card payment (excluding business account payments) for the first styling service.
- Stylist Piazza has the right to void any discount codes and block user’s accounts if it suspects any fraudulent activities and charge the user for the damages caused.
- Third-Party Services and Content.
- The Services may be made available or accessed in connection with third party services and content (including advertising) that Stylist Piazza does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Stylist Piazza does not endorse such third party services and content and in no event shall we be responsible or liable for any products or services of such third party providers.
- Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary terms of service.
- Disclaimers; Exemptions, Limitation of Liability; Indemnity.
- Disclaimer
- Stylist Piazza disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, Stylist Piazza makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested using the services, or that the services will be uninterrupted or error-free. Stylist piazza does not guarantee the quality, suitability, safety, or ability of the Stylists. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
- Limitation of liability.
- Stylist piazza shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if stylist piazza has been advised of the possibility of such damages.
- Stylist Piazza shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if stylist piazza has been advised of the possibility of such damages.
- Stylist Piazza shall not be liable for delay or failure in performance resulting from causes beyond Stylist Piazza’s reasonable control. You acknowledge that third-party haircare providers providing services requested through some request brands may offer session-sharing or peer-to-peer salon services and may not be professionally licensed or permitted. In no event shall stylist piazza’s total liability to you in connection with the services for all damages, losses and causes of action exceed N100,000.00 (One Hundred Thousand Naira).
- The limitations and disclaimer in this section 9 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
- Indemnity
- You agree to indemnify and hold Stylist Piazza and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorney’s fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Stylist Piazza use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
- Governing Law; Arbitration.
- Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Nigeria, excluding its rules on conflicts of laws. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any dispute) shall be first mandatorily submitted to negotiation proceedings under the Lagos Court of Arbitration Rules.
- If such Dispute has not been settled within sixty (60) days after a request for negotiation has been submitted under such Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the Lagos Court of Arbitration Rules (the LCA Arbitration Rules). The LCA Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the LCA Rules. The place of both negotiation and arbitration shall be Lagos, Nigeria, without prejudice to any rights you may have under the Arbitration and Conciliation Act CapA18 Laws of the Federation of Nigeria 2004, or any amendment to it; and the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2011).
- The language of the negotiation and/or arbitration shall be English, unless you do not speak English, in which case the negotiation and/or arbitration shall be conducted in both English and your native language. The existence and content of the negotiation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the Lagos Court of Arbitration, correspondence from the negotiator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the negotiation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
- This Dispute Resolution Clause is totally independent and severable from these Terms and the invalidity of these Terms, in whole or in part, shall not affect the validity of this Clause.
- Additional Provisions
- Claims of Copyright Infringement.
- Claims of copyright infringement, or of the breach of any form of intellectual property should be sent to Stylist Piazza’s designated agent. Please visit Stylist Piazza’s web page at stylistpiazza.com/legal for the designated address and additional information.
- Notice.
- Stylist Piazza may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Stylist Piazza by written communication to Stylist Piazza’s address at 2, Emma Agunanne, Okomala Ilasamaja, Lagos State, Nigeria, or by contacting the support email.
- General.
- You may not assign or transfer these Terms in whole or in part without Stylist Piazza’s prior written approval. You give your approval to Stylist Piazza for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Stylist Piazza’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Stylist Piazza or any Third Party Provider as a result of the contract between you and Stylist Piazza or use of the Services.
- If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words including and include mean including, but not limited to.