Terms and conditions of use

Introduction

This website is part of the Ninja Pixel Ltd. booking network (the “Network”) is a set of related Internet sites and other applications for making and taking online bookings, owned and operated by Ninja Pixel Ltd. Company Number 11311341.These terms and conditions apply between you, the User of this Network (including any sub-domains, unless expressly excluded by their own terms and conditions), and Ninja Pixel Ltd., the owner and operator of this Network. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Network. If you do not agree to be bound by these terms and conditions, you should stop using the Network immediately. In these terms and conditions, User or Users means any third party that accesses the Network and is not either (i) employed by Ninja Pixel Ltd. and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Ninja Pixel Ltd. and accessing the Network in connection with the provision of such services. Client means a User that takes bookings through the Network. Customer means a User that makes bookings with a Client, using the Network. You must be at least 18 years of age to use this Network. By using the Network and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

1. All Content included on the Network, unless uploaded by Users, is the property of Ninja Pixel Ltd., our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Network, including any such content uploaded by Users. By continuing to use the Network you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
   1. retrieve, display and view the Content on a computer screen
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Ninja Pixel Ltd..
4. You acknowledge that you are responsible for any Content you may submit via the Network, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Network any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Network.
5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Ninja Pixel Ltd. for all claims resulting from Content you supply.
6. You acknowledge that some of your personal information will be made available to other Users of the Network, to facilitate the process of online bookings. For example, users who make a booking will share their name and other details, such as email address and phone number, with the organisation they book with.

Prohibited use

7. You may not use the Network for any of the following purposes:
   1. in any way which causes, or may cause, damage to the Network or interferes with any other person's use or enjoyment of the Network;
8. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
9. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

10. You must ensure that the details provided by you on registration or at any time are correct and complete.
11. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
12. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
13. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Network. Cancellation or suspension of your registration does not affect any statutory rights.
14. After registering via a specific domain on the Network your credentials can be used to login on other domains on the Network.

Links to other websites

15. This Network may contain links to other sites. Unless expressly stated, these sites are not under the control of Ninja Pixel Ltd. or that of our affiliates.
16. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
17. The inclusion of a link to another site on this Network does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy

18. Use of the Network is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following link:Privacy policy.
19. Clients are responsible for processing Customer data in accordance with all relevant laws. Including, but not limited to, theGDPR.

Availability of the Network and disclaimers

20. Any online facilities, tools, services or information that Ninja Pixel Ltd. makes available through the Network (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Ninja Pixel Ltd. is under no obligation to update information on the Network.
21. Whilst Ninja Pixel Ltd. uses reasonable endeavours to ensure that the Network is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
22. Ninja Pixel Ltd. accepts no liability for any disruption or non-availability of the Network.
23. Ninja Pixel Ltd. reserves the right to alter, suspend or discontinue any part (or the whole of) the Network including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Network unless it is expressly stated otherwise.

Limitation of liability

24. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
25. To the extent that the Network and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
26. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
27. To the maximum extent permitted by law, Ninja Pixel Ltd. accepts no liability for any of the following:
    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    2. loss or corruption of any data, database or software;
    3. any special, indirect or consequential loss or damage.

Publicity

28. From time to time, Ninja Pixel Ltd. likes to include details of its Clients in Ninja Pixel Ltd.’s publicity materials. You hereby grant Ninja Pixel Ltd. a worldwide, non-exclusive, royalty-free licence to use your name and logo in any promotional literature, publications or advertising material, including any website or other online services, for the purpose of publicising your use of the Data (to promote Ninja Pixel Ltd.’s business). Ninja Pixel Ltd. will use reasonable endeavours to ensure that its use of your name and logo complies with any style guides or other instructions issued by you to Ninja Pixel Ltd..

General

29. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
30. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Network from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
31. These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
32. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
33. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
34. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
35. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Online payment

36. Ninja Pixel Ltd.'s online payment service is provided by a third party payment service provider (PSP) which is currently Stripe. In order to utilise the online payments service, in addition to agreeing these Ninja Pixel Ltd. Terms and Conditions, the Client must accept the PSP Terms of Service (PSP ToS).By utilising the online payment service, the Client confirms: (a) that it has downloaded or printed the PSP ToS, and (b) that it has reviewed and accepts the PSP ToS. The PSP ToS are the terms of the PSP and are not the terms of Ninja Pixel Ltd.. Ninja Pixel Ltd. gives no assurance or warranty as to the suitability or appropriateness of the PSP ToS for Client and Client should review them carefully.
37. When a Customer pays the Client for their service(s) online, the payment is processed by the PSP.  Ninja Pixel Ltd. does not carry funds at any time, therefore takes no responsibility over the transfer of money or any problems that may arise. All responsibility lies with the Client to maintain up to date information with the PSP.
38. The PSP will apply a transaction fee to each transaction. The transaction fee is deducted at the point of sale; therefore, the Client will receive the price of the service minus the relevant fees. It is the responsibility of the Client to stay up-to-date with the PSP's fees. PSP fees that are quoted on the Network may be out of date or not relevant to the Client.
39. Ninja Pixel Ltd. will apply a transaction fee to each transaction. The transaction fee is deducted at the point of sale; therefore, the Client will receive the price of the service minus the relevant fees.
40. Disputes about cancellations must be dealt with directly by the Client. Each Client will decide on their own cancellation cut off period. I.E. how long before an appointment the Customer should no longer be able to cancel and get a refund (this is the cancellation cut off point). It is the responsibility of the Client to set the cancellation cut off point in the booking system settings.
41. All disputes between the Client and the Customer are to be resolved between the two parties. Ninja Pixel Ltd. takes no responsibility in any disputes, or involves itself in any disputes of any kind. If the Customer cancels before the cancellation cut off, then the PSP will handle the refund process. After that point it is at the Client’s discretion as to whether a refund will be made.
42. If a Customer pays and misses the appointment, then they will not be refunded. The Customer must contact the Client directly about any disputes. It is at the Client’s discretion as to whether a refund will be made. Ninja Pixel Ltd. takes no responsibility in any disputes, or involves itself in any disputes of any kind.
43. With all card payments, there is a risk that the Customer will charge back the transaction to the Client. If this happens, the Client will need to provide evidence to the payment processor that the Customer agreed to pay. The Client accepts that the dispute process and the dispute charge are out of Ninja Pixel Ltd.’s control and accepts any future increases subject to the PSP ToS.
44. Paid subscriptions to the Network are charged per member of staff, one month in advance. Clients may cancel their subscription with the Network by deleting all their staff members. No reimbursement will be made for unused portions of a subscription.
45. Clients may be charged a platform fee for each and every transaction made through the PSP. This fee is generally 0.30GBP, or local currency equivalent. You will be notified of the current combined platform + PSP fee when connecting to the PSP.
46. Customers may not be able to get a refund if the Client does not have the available funds with the PSP. Ninja Pixel Ltd. takes no responsibility for such events and this is to be resolved between the Customer and the Client.

Ninja Pixel Ltd. details

47. Ninja Pixel Ltd., 115c Milton Road, Cambridge, England, CB4 1XE operates the Network. You can contact us by email: hello[at]barber-shop-booking.com.