Myrrorapp

BEYOUROWN LTD SALON SERVICE PROVIDERS TERMS OF USE

Who we are

• BEYOUROWN LTD (“BEYOUROWN“, “we“, “us“), is a company incorporated in Scotland (registration number SC655002) and with our registered office at Glencarse Home Farmhouse, Glencarse, Perth, Scotland, PH2 7LF, license you (“Salon Services Provider“, “you“) to use
• the service you connect to via our website (“Portal“) and the content we provide to you through it (“Services”) and the content and communications that our participating users (“End Users“) provide to you through it as permitted in these terms.

• These terms of use set out the terms of our contract with you in relation to our supply of the services (the “Agreement”). By using the Services, you agree to these terms. If you do not agree to these terms, you must immediately cease use of the App.
• We may update or revise this Agreement from time to time. If you do not agree to any modified, revised or updated version of the Agreement, you must discontinue your use of the Portal and the Services. By continuing to use the App, you indicate your agreement to these terms.

End User data

• In this Clause:
  • “Controller”, “Personal Data”, “Processing” and “Processor” have the meanings given in Data Protection Law and “Process” shall be interpreted accordingly;
  • “Data Protection Law” means any law relating to data protection and the Processing of Personal Data from time to time under the Agreement, including the Data Protection Act 2018; the General Data Protection Regulation (EU) 2016/679; the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as may be amended by the proposed Regulation on Privacy and Electronic Communications); and any legislation that, in respect of the United Kingdom,  replaces, or enacts into United Kingdom domestic Law, the General Data Protection Regulation (EU) 2016/679, the proposed Regulation on Privacy and Electronic Communications or any other Law relating to data protection, the processing of personal data and privacy as a consequence of the United Kingdom leaving the European Union;
  • “Data Subject” means an End User who is the subject of any of the Disclosed Data;
  • “End User Data” means the Personal Data disclosed to the Salon Services Provider by the End User on the Portal for the purpose of receiving advice from the Salon Services Provider, compromising contact information and images.
• BEYOUROWN and the Salon Services Provider acknowledge that, for the purposes of Data Protection Law, each party is an independent Controller and that the parties are not joint Controllers. Each party acknowledges and agrees that:
  • each party is responsible for its own compliance under Data Protection Law;
  • each party agrees to implement and maintain appropriate technical and organisational measures in respect of Processing Personal Data that is sufficient to comply with Data Protection Law;
  • the Salon Services Provider agrees to only process Personal Data of End Users for the purpose of providing advice and services, such Processing to be subject to the Salon Services Provider’s own privacy notice; and
  • each party will promptly notify the other upon becoming aware of any Personal Data breach relating to any End User Data Processed.

Support for the Portal and how to tell us about problems

• Support
  • If you want to learn more about the Portal or the Service or have any problems using them please take a look at our support resources at www.myrrorapp.com

Contacting us

• If you think the Portal or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected].

How we will communicate with you

• If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us. We shall endeavour to respond to all support queries within ten working days (based on UK time).

How you may use the App, including how many devices you may use it on

• In return for your agreeing to comply with these terms you may:
  • view, use and display the Portal on an unlimited number of devices and the Service on such; and
  • receive and use any free supplementary software code or update of the Portal incorporating “patches” and corrections of errors as we may provide to you.
• As a Salon Services Provider you:
  • agree to register and create an account for business use only. You may not authorise others to use your account. You may only register for one account. You are responsible for keeping any registration details confidential, including your password. You acknowledge that BEYOUROWN is not responsible for any third party access to your account and the consequences.
  • agree that you are responsible and assume liability for all content that you upload to the App. BEYOUROWN is not obligated, but reserves the right, to monitor content that is uploaded to the Portal and to remove any such content that:
    • violates any applicable laws;
    • is in breach of this Agreement; or
    • we are requested to do so by any third party.
    • acknowledge that BEYOUROWN acts independently of you and does not accept responsibility nor guarantee the accuracy of the information provided to you by End Users.

Eligibility

• You must create an account to use the Portal, receive the Services and be subject to these terms.

• In creating an account, you warrant that the information provided is true, complete, accurate and to update it as necessary to keep the information current.
• We reserve the right to reject the creation of your account and to refuse and provide the Service to any business at any time.

• You may not transfer your right to use the Portal to someone else

We are giving you the right to use the Portal and the Service as set out at Clause 4. You may not otherwise transfer the Portal or the Service, whether for money, for anything else or for free. If you sell any device on which the Portal is installed, you must remove the Portal from it.

Changes to these terms

• We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
• We will give you at least 30 days’ notice of any change by sending you an SMS or email with details of the change or notifying you of a change when you next start the App.
• If you do not accept the notified changes you may continue to use the Portal and the Service in accordance with the existing terms but certain new features may not be available to you.

Updates to the Portal and changes to the service

• From time to time we may automatically update the Portal and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Portal for these reasons.
• If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Portal and the Services.
• The Portal will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
• We may collect technical data about your device

By using the Portal or any of the Services, you agree to us collecting and using technical information about the devices you use the Portal on and related software, hardware and peripherals to improve our products and to provide any Services to you.

Salon Service Provider warranties

• You agree that you will:
  • not rent, lease, sub-license, loan, provide, or otherwise make available, the Portal or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the Portal or Services, except as part of the normal use of the Portal or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the Portal or Services nor permit the Portal or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Portal and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Portal or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Portal to obtain the information necessary to create an independent program that can be operated with the Portal or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
    • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
    • is not used to create any software that is substantially similar in its expression to the App;
    • is kept secure; and
    • is used only for the Permitted Objective;
    • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Portal or any Service;
    • comply with all applicable laws, regulations and good industry practice and otherwise not do anything that brings or may bring us into disrepute.
  • A breach of this Clause 10 constitutes a material breach.

Acceptable Use Policy

• When using the Portal and our Service you must comply with our Acceptable Use Policy.
  • A breach of this Clause 11 constitutes a material breach.
• Intellectual Property Rights
  • All intellectual property rights in the Portal and the Services throughout the world belong to us (or our licensors) and the rights in the Portal and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Portal or the Services other than the right to use them in accordance with these terms.
  • You acknowledge that any intellectual property rights in the End User Data is owned by the End User and that we make it available to you on the instruction of the End User. We are not responsible for the End User Data.
  • You accept and acknowledge that the material and content in the Portal is for your own lawful and use and that you may only use such material and content for the purpose of using our App.

Availability of Portal and Services

• We would like to make the Services available 24 hours a day, seven days a week, except for planned or unplanned maintenance, however we do not make any guarantees as to availability. We shall try to ensure that all maintenance is carried out during reasonable hours and you agree that we may take the Services offline when we do so.
• We reserve the right to modify or terminate the Portal or the Services, to limit or deny your access to the Portal or Services, at any time, in its sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Services at any time.
• We may cease to offer the Portal and/or Services at any time for any reason, with or without notice to you and we do not make any representations, promises or guarantees in relation to the availability of the Portal or the Services at any time.
• The Portal and Services are provided on an ‘as is’ and ‘as available’ basis and to the extent permitted under Scots law, without warranties of any kind. We make no warranty that the Portal and Services shall meet your requirements or that it will be error free. By accepting this Agreement, you understand that the Portal and Services may contain bugs, errors and other problems. You accept responsibility for risks and costs associated with your use of the Portal and Services, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of your device and peripherals, and any damage to any equipment, software, information or data. In addition, BEYOUROWN is not obliged to provide any maintenance, technical or other support for the Services.

Liability

• We shall not be liable for any loss of income or profits, loss of contracts, goodwill, or other intangible losses or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. In relation to any other liability arising under or in connection with this Agreement, our liability shall not exceed £5,000.
• To the extent permitted by law, we exclude all representations and warranties (express or implied), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy, including in each case in relation to the End User Data. We do not guarantee the timeliness, completeness or performance of the Portal or the Services.
• Nothing in this Agreement limits any liability which cannot legally be limited, including liability for death or personal injury or property damage caused by negligence or fraud or fraudulent misrepresentation.
• You are an independent entity and we cannot accept liability for any wrongful act or omission, or the quality of the outcome of any service provided to an End User by you as a result of your use of our App. We shall not be liable for any loss, damage or personal injury suffered by the End User as a result of any negligent advice or representations made by you.

Limitations to the Portal and the Services

• We recommend that you download and back up the End User Data or any other content and data used by you in connection with the App, to protect yourself in case of problems with the Portal or the Service.
• The Portal and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Portal and the Services (as described on the appstore site) meet your requirements.
• If our provision of the Services or support for the Portal or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

Termination

• We may withdraw the Portal or Services, or otherwise terminate this Agreement at anytime by giving you at least 30 days’ notice in writing.
• We may terminate the Agreement with immediate effect by giving you written notice if you commit a material breach of the Agreement and (if such a breach is remediable) you fail to remedy that breach within 14 days of being notified in writing to do so.
• If we do terminate:
  • you must stop all activities authorised by these terms, including your use of the Portal and any Services;
  • you must delete or remove the Portal from all devices in your possession and immediately destroy all copies of the Portal which you have and confirm to us that you have done this;
  • we may remotely access your devices and remove the Portal from them and cease providing you with access to the Services.

Assignation

• We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Agreement.
• You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Agreement.

 General

• This agreement does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any term of this agreement.
• If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract is deleted under this Clause 18.2 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
• Our failure to enforce or to exercise at any time or for any period of time any term of or any right pursuant to this Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect our right later to enforce or to exercise it.
• This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of Scotland and the Scottish Courts shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.