Customers Terms and Conditions
Ltd (“Bsogood”, “us” and “our”) publishes the application
accessible on the Android and iOS app stores under the name “bsogood” (along
with any other website and application for web or smart devices published by
Bsogood from time to time, the “Application”) which allows our Customers
to book and use the Services provided by third party service providers.
is a provider of the Application only and does not provide Services directly to
WHAT ARE THESE TERMS?
purpose of these terms and conditions (the “Terms”) is to set
out the terms by which Customers are permitted to access and use the
Application, as well as to set out our rights and obligations.
responsibility is limited as an operator of the Application and we do not enter
into any contract with our Customers for provision of Services. A contract will
be entered into directly between the Customer and Service Provider when a Booking
for a Services is confirmed by the Service Provider (a “Booking Contract”).
We do not take any responsibility for any Services provided by a Service Provider,
any contract entered into between a Customer and a Service Provider via the Application
or otherwise, or the conduct of any Customer or Service Provider.
encourage our Customers to read these Terms thoroughly before creating an
Account with the Application. Within these Terms you will be informed of how we
will provide our Services, how you can cancel a Booking for Service(s) with a
Service Provider and in what circumstances you will be entitled to a refund, how
and when payment is taken for any Services, what to do in the event that you
have any problems, and other important information. Please contact us if any of
the information is unclear or further information is required.
using the Application and/or creating an Account, you warrant that you agree to
these Terms in their entirety without any amendment.
terms used herein shall have the following meanings:
a profile created by either a Customer to access
and/or book Services or a Service Provider in order to publicise or provide
access to their Services;
any person who has created an Account with the
Application in order to book Services (whether or not such person actually
books any Services);
has the meaning given in clause 1.1 above;
a booking made via the Application by a Customer
for any Services;
a deemed contract between the Customer and
Service Provider whereby: (a) the Service Provider agrees to provide the Service(s)
subject to the Booking; (b) the Customer agrees to pay Bsogood as agent on
behalf of the Service Provider the Fees associated with such Services; and (c)
the Service Provider and the Customer both agree to the incorporation of
these Terms into such contract by reference including without limitation the
cancellation terms in clause 7;
a day (other than a weekend or bank holiday) on which
banks in the City of London are open for business;
all information available on the Application including
comments and messages uploaded by either Customers or Service Providers;
“Customer(s) or you”
Account User and/or User;
“Data Protection Legislation”
all applicable data protection and privacy
legislation in force from time to time in the UK including the UK
implementation of the General Data Protection Regulation ((EU) 2016/679) as
implemented by the Data Protection Act 2018; the Privacy and Electronic
Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and
the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as
amended and, to the extent that the General Data Protection Regulation ((EU)
2016/679) applies to the processing of any personal data, such legislation as
in force from time to time;
the fees charged by the Service Provider to the
Customer for any Services which shall be shown on an invoice issued by
Bsogood in the name of the Service Provider and shall be paid by the Customer
to Bsogood as agent for and on behalf of the Service Provider;
“Intellectual Property Rights”
patents, utility models, rights to inventions,
copyright and neighbouring and related rights, moral rights, trademarks and service marks,
business names and domain names, rights in get-up and trade dress, goodwill
and the right to sue for passing off or unfair competition, rights in
designs, rights in computer software, database rights, rights to use, and
protect the confidentiality of, confidential information (including know-how and
trade secrets) and all other intellectual property rights, in each case
whether registered or unregistered and including all applications and rights
to apply for and be granted, renewals or extensions of, and rights to claim
priority from, such rights and all similar or equivalent rights or forms of
protection which subsist or will subsist now or in the future in any part of
means know your customer and entails a
verification process for each Customer and Service provider of Bsogood;
a form of payment solution provided by Mangopay
S.A., a company incorporated and registered in Luxembourg with company number
B173459 whose registered office is at 2
Avenue Amélie, L-1125 Luxembourg, where the Customer will make a payment for
the Services which they have booked with the Service Providers;
a provider of Services who is either a third
party company or is self-employed and has been approved by Bsogood for access
to the Application;
including, without limitation make up, haircut, blow
dry, waxing, eyebrow shaping, facials, massages and any other services available
on the Application from time to time, which are provided by our Service
Providers and may be booked by Customers;
any person who makes a booking for any Services
without creating an Account;
value added tax or any equivalent tax chargeable
in the UK or elsewhere; and
has the meaning given in clause 10.8.
CREATING AN ACCOUNT
a Customer, you will not be required to create an Account to complete a Booking.
However, in order to fully benefit from the Application, a User may wish to
create an Account in order to receive discounts and/or promotional offers from
time to time. In order to create an Account, we will require your full name,
email address, home address and payment information. We have no obligation to honour
your request to create an Account and may elect in our sole and absolute discretion
to refuse your request to do so without giving any reason.
the point of creating an Account, you are required to agree to these Terms.
the Account has been successfully created, the Customer will receive an email confirmation.
are responsible for the security of their Account details. Bsogood will accept
no responsibility for any loss or damage suffered to any Customer as a result of
them sharing or losing their login details.
must inform Bsogood immediately if you believe that your login details have
been lost, stolen, misused, or compromised in any way. You irrevocably authorise Bsogood to take
any measures we consider appropriate in our sole and absolute discretion to
protect your Account and/or the Application.
CHANGES TO THESE TERMS
5.1 We may amend
and update these Terms from time to time. We will notify you of any changes to
these Terms by emailing you at the email address associated with your Account
and/or by posting a notice on the Application.
continuing to use the Application and/or by making any Booking after any change
to these Terms has been notified to you in accordance with clause 5.1, you are
deemed to have agreed to the amended Terms.
5.3 Any Booking
that has been made prior to any changes to these Terms are notified to you in
accordance with clause 5.1 shall be governed by the version of the Terms in
issue at the time the Booking is confirmed by the Service Provider.
can only make Bookings via the Application. A Booking may be made for a date and
time suited to the Customer, subject to the Service Provider’s online calendar showing
the Service Provider as being free. Service Providers may charge an increased Fee
for Services at certain dates and times in their sole and absolute discretion.
making a Booking, the Customer will be provided with a summary of the Services selected
and will be given the opportunity to note any special requirements or requests in
the comments section of the booking form. Any special requirements or requests are
subject to the availability of the Service Provider.
Service Provider will be required to confirm a Booking before it is deemed
made. Once the Service Provider has confirmed a Booking, a Booking Contract
between the Customer and the Service Provider in respect of the Booking automatically
comes into effect, the Customer will be sent an email confirmation of the Booking
and the Booking will show as confirmed on the Customer’s Account page on the
Application. The Service Provider has no obligation to accept a Booking and may
reject any Booking in its sole and absolute discretion.
the avoidance of doubt, a Booking is entered into by the Customer directly with
the Service Provider and is not made with Bsogood. Bsogood provides the
Application to allow Customers to make a Booking, and handles payments as agent
on behalf of the Service Provider only.
Customer may cancel a Booking at any time up to 48 hours (or otherwise as notified
by the Service Provider) prior to the scheduled time and date of the Booking,
and in such circumstances the Customer will not be charged for the Booking. The
Service Provider will be required to notify the Customer of their cancellation
policy at the time of the Booking Contract.
the Customer cancels a Booking within 48 hours (or otherwise as notified by the
Service Provider) of the scheduled time and date of the Booking, the Customer
will be charged 100% of the Fees for the relevant Services(s) covered by the
Service Provider may cancel a Booking at any time, and in such circumstances
the Customer shall not be charged for the Booking.
order to cancel a Booking, the Customer must do so by clicking on the “Cancel Booking”
link found on the Customer’s Account page on the Application. The Customer will
receive an email confirming successful cancellation of a Booking and the
Booking will no longer appear on the Customer’s Account page on the Application.
It is the Customer’s responsibility to check that a Booking has been cancelled.
In the event that the Customer does not receive a cancellation email, the
Customer should contact the Service Provider.
Customer undertakes that they shall not attempt to circumvent the Application
by requesting that the Service Provider cancels a Booking so that the Customer
can pay the Service Provider directly. Each Service Provider is prohibited from
agreeing to such arrangements and is required to report such activity to Besogood.
Moreover, Bsogood monitors cancellations, particularly by Service Providers,
and will take steps to remove from the Application any Customer who breaches this
clause 7.5. In the event that Bsogood identifies that a Customer has allowed a
Service Provider to cancel a Booking and paid that Service Provider directly
for the Services subject of the Booking, Bsogood will not refund any Fees due
in respect of such Booking to the Customer.
making a Booking, the Customer will be required to provide their payment details.
Payments are managed by Mangopay on behalf of Bsogood. Payment details are
provided to Mangopay directly and are not held by, or communicated to, Bsogood
(or any Service Provider). Bsogood (via Mangopay) collects Fees as agent for
and on behalf of the relevant Service Provider.
which make Bookings acknowledge, and agree to their Personal Data being processed
conditions in place from time to time , in order to process the payment for such
requires each Customer to carry out the KYC verification process on their website.
the process varies by country and full details can be found here.
For the UK each Customer will be required to upload their passport and/or
the Customer makes a Booking, Mangopay blocks an amount equal to the Fees chargeable
in respect of the Service(s) subject of the Booking on the Customer’s payment
will take the payment for the Service(s) covered by the Booking within two (2) hours of a Customers
purchase of Services.
failure to take payment at the time set out in clause 8.4 shall not prevent Mangopay
on Bsogood’s behalf later taking full payment as required.
a Service Provider cancels a Booking after payment has been taken for that
Booking, Mangopay will (subject to clause 7.5) refund the Fees paid by the Customer
within 3 Business Days.
Customer’s bank statement will show all payments to Bsogood under the reference
takes fraud and attempts to evade the cancellation policy set out above very
seriously. Where a Customer makes a charge back or otherwise attempts to secure
a refund for a payment duly and properly made, or otherwise seeks to evade paying
for any Services performed by a Service Provider, Bsogood reserves the right to
block that Customer’s access to the Application and take any steps (including without
limitation reporting them to the police) to recover such funds.
the event that a Customer is not satisfied with a Service booked via the
Application and provided by a Service Provider, or if a Service Provider does
not attend a Booking, please contact Bsogood before making any chargeback.
Customer is free to tip the Service Provider directly if they wish to do so. No
Customer is required to pay a tip to the Service Provider and may do so in
their sole and absolute discretion. Other than payment of a tip, the Customer must
not pay any Service Provider directly.
shall issue to the Customer on behalf of the Service Provider, an invoice in
the Service Provider’s name (and where appropriate containing the Service
Provider’s VAT number) for the Services covered by a Booking by email to the Customer’s
email address registered with the Application.
sums quoted on the Application for the cost of Services are exclusive of VAT, where
the Service Provider is registered for VAT, the applicable amount will be added
to the Customers invoice at the time of the Booking and will be quoted in
PROVIDING THE SERVICES
Bsogood does not guarantee that the Application will always
be available and shall not be liable for any loss or damage caused by any
inability to access the Application, or any feature or functionality of the Application.
Bsogood may amend or suspend the Application and/or the
Services available on the Application for various reasons, including but not
limited to, the following:
dealing with technical problems
or making minor technical changes;
updating the Application or Services
to reflect changes in relevant laws and regulatory requirements; and
making changes to the Application
or Services as requested by you or notified by us to you.
YOUR USE OF THE APPLICATION AND ITS CONTENT
All Content displayed and used on the Application and the
copyright and other Intellectual Property Rights in that Content belongs to or
has been licensed by Bsogood, unless specifically labelled otherwise.
You may access, view and use the Application in accordance
with these Terms.
You are responsible for configuring your device in order to
access the Application and are responsible for implementing your own Virus protection
You undertake to comply fully with any and all local, national or international laws and
regulations that apply to your use of the Application and the Services.
The Customer shall:
provide Bsogood with:
all necessary co-operation in relation to these Terms; and
all necessary access to such information as may be required
in order for
Bsogood to provide the Services;
without affecting its other obligations under these Terms,
comply with all applicable laws and regulations with respect to its activities
under these Terms;
be, to the extent permitted by law and except as otherwise
expressly provided in this agreement, solely responsible for procuring, maintaining
and securing its network connections and telecommunications links from its systems
to Bsogood’s data centres, and all problems, conditions, delays, delivery
failures and all other loss or damage arising from or relating to the Customer’s
network connections or telecommunications links or caused by the internet.
The Customer must not at any point during the Customer’s use
of the Application and Services do anything which may circumvent Bsogood.
The Customer shall not distribute or transmit any material
during the course of its use of the Services that:
is unlawful, harmful, threatening, defamatory, obscene,
infringing, harassing or racially or ethnically offensive;
facilitates illegal activity;
depicts sexually explicit images;
promotes unlawful violence;
is discriminatory based on race, gender, colour, religious
belief, sexual orientation, disability; or
is otherwise illegal or causes damage or injury to any
person or property,
and Bsogood reserves the right,
without liability or prejudice to its other rights to the Customer, to disable
the Customer’s access to any material that breaches the provisions of this clause
The Customer shall not:
except as may be allowed by any applicable law which is
incapable of exclusion by agreement between the parties and except to the
extent expressly permitted under these Terms:
attempt to copy, modify, duplicate, create derivative works
from, frame, mirror, republish, download, display, transmit, or distribute all
or any portion of the Application in any form or media or by any means; or
attempt to de-compile, reverse compile, disassemble, reverse
engineer or otherwise reduce to human-perceivable form all or any part of the Application;
access all or any part of the Services in order to build a
product or service which competes with the Services; or
use the Services to provide services to third parties; or
use the Application and/or the Services in any way or for
any purpose that is unlawful or fraudulent; or
license, sell, rent, lease, transfer, assign, distribute,
display, disclose, or otherwise commercially exploit, or otherwise make the
Services available to any third party; or
attempt to obtain, or assist third parties in obtaining,
access to the Services, other than as explicitly contemplated herein; or
introduce or permit the introduction of, any worms, Trojan
horses, viruses and other similar things or devices (each a “Virus” and
together the “Viruses”) any Virus into Bsogood’s network and information
The Customer shall use all reasonable endeavours to prevent
any unauthorised access to, or use of, the Services and, in the event of any
such unauthorised access or use, promptly notify Bsogood.
You are expected at all times to be polite and respectful
when using the Services and the Application and agree to comply with these
certain Service Providers may have preferences as regards to the wearing of
face masks and other PPE for hygiene purposes. Service Providers should make
these preferences clear to you on their profile. Please respect these preferences,
and do not make a Booking with a Service Provider in circumstances where you
cannot, or will not, comply with their preferences. Please highlight when making
a Booking if you have any preferences with regards to PPE so that the Service
Provider is aware and best able to meet your requirements.
OUR RIGHTS TO END THE CONTRACT
We may terminate these Terms and your access to the Application
immediately if you are in material breach of any of the provisions, paragraphs
or terms contained in these Terms and either the breach is incapable of remedy
or the breach is not remedied within a period of 7 days after we have given you
written notice of it.
We may terminate these Terms and your access to the Application
immediately at any time by writing to
you, for reasons including but not limited to, the following:
if any information provided by
you is found to be untrue, inaccurate, out of date or incomplete;
if you act in any way that has
brought, or could bring, Bsogood into disrepute;
if you commit any criminal
if you repeatedly cancel or do
not attend scheduled Bookings;
pursuant to clause 7.5; and/or
if we are no longer able to
provide the Services to you.
DISCLAIMER, LIMITATION OF LIABILITY AND NO WARRANTY
We make all reasonable efforts to ensure that the Content contained on
the Application is complete, accurate and up to date. We make no warranties,
representations or guarantees (express or implied) that this will always be the
Nothing in these Terms excludes
or limits our liability for death or personal injury arising from negligence or fraud,
or any other liability that cannot be excluded or limited by the laws of
England and Wales.
To the extent permitted by law, we exclude all conditions, warranties,
representations or other terms which may apply to the Services, the Application,
or any Content on the Application, whether express or implied.
The total liability of Bsogood
under the Contract with you is limited to £10,000.00.
In no event shall Bsogood, its shareholders, directors, officers,
employees or agents be liable (jointly or severally) to any Customer for any
loss or damage, whether in contract, tort (including negligence), breach of statutory
duty, or otherwise, even if foreseeable, arising under or in connection with:
the use of, or inability to use, the Application;
the provision of the Services;
the provision of, or failure to provide, any Services by a Service
any injury or harm to you caused by a Service Provider;
the use of, or reliance on, any Content provided with the Services or
displayed on the Application.
We supply the Services for domestic and private use only. If you unlawfully
use the Services for any commercial or business purposes, Bsogood, its
shareholders, directors, officers, employees and/or agents will not be liable
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a Virus,
distributed denial-of-service attack, or other technologically harmful material
that may infect your computer equipment, computer programmes, data or other
proprietary material due to your use of the Services and/or the Application.
From time to time, you may use or access the services, promotions and
websites of third parties (including without limitation Service Providers) whilst
using the Application. In using or accessing third party services, promotions
and websites, you agree to be bound by the terms of service of such third
parties governing their services, promotions and websites and hereby
acknowledge that we shall not be responsible for the provision of services,
accuracy of promotions or content of websites belonging to or operated by third
You agree to indemnify and hold Bsogood and its related companies, and
each of their respective shareholders, directors, officers, employees and
agents harmless from and against any third party claim or cause of action,
including reasonable attorneys’ fees and court costs, arising, directly or
indirectly, out of your use of the Services in breach of these Terms or your violation
of any law or the rights of any third party.
You acknowledge and agree that we are not responsible for the accuracy
of any information published on the Application by Service Providers or other Customers
and we do not warrant that any information appearing on the Application is
accurate, true or complete. If you believe that any information appearing on
the Application is incorrect, you should inform Bsogood of the information that
you consider to be inaccurate, and we will seek to inform the Service Provider or
Customer who posted the information that you consider it to be inaccurate. Bsogood
specifically excludes liability for any loss, harm, distress or damage suffered
by you or any third party as a result of inaccurate information appearing on
You acknowledge and agree that we are not responsible for the acts and/or
omissions of any Service Provider offering and/or providing Services or any other
Customer accessing and/or using the Application. Bsogood specifically excludes
liability for any loss, harm, distress or damage suffered by you or any third
party as a result of the acts/and or omissions of any given Service Provider or
Customer (as applicable).
HOW WE MAY USE YOUR PERSONAL DATA
Bsogood will comply with all applicable requirements of the Data
Protection Legislation. This paragraph 6 is in addition to, and does not relieve,
remove or replace, a party's obligations or rights under the Data Protection
Details of Bsogood’s approach to processing Personal Data can be found
WHO OWNS THE APPLICATION?
Bsogood and its licensor(s) are the sole owners of the Application,
which includes any software, domains, and Content made available through the Application.
The Application is protected by UK and international copyright and other Intellectual
Property Rights laws. All such rights are reserved.
Bsogood permits the Customer to use the Application for its own personal
and/or commercial use subject to these Terms and Bsogood grants the Customer a
limited and non-transferable licence solely for that purpose.
The Customer may not sell, export, license, modify, copy, distribute
or transmit the Application (or any part of it) without Bsogood's prior express
Any unauthorised use of the Application may result in the termination
of the limited licence granted by Bsogood. Bsogood reserves the right to
terminate the limited licence in respect of the Customer in its sole and
Bsogood and its graphics, logos, icons and service names related to
the Application are registered and unregistered trademarks or trade dress of Bsogood.
They may not be used without Bsogood's prior express written permission.
All other trademarks not owned by Bsogood that appear in connection
with the Application are the property of their respective owners, who may or
may not be affiliated with, connected to or sponsored by Bsogood. Bsogood
accepts no liability for any unauthorised use of any trademarks by any Customer
or third party.
WHAT SECURITY MEASURES DOES BSOGOOD HAVE IN PLACE?
Whilst Bsogood has implemented commercially reasonable technical and
organisational measures to secure the Customer’s Personal Data from
unauthorised use, Bsogood cannot guarantee that unauthorised third parties will
never be able to defeat those measures. Bsogood accepts no liability for any
losses associated with any unauthorised use.
The Customer acknowledges that it provides personal and other information
at its own risk.
By downloading, using and/or accessing in any way the Application
and/or material provided through the Application, the Customer consents to
receiving electronic communications and notices from Bsogood.
The Customer agrees that any notice, agreement, disclosure or other communications
that Bsogood sends to the Customer electronically will satisfy any legal
communication requirements, including that such communications be in writing.
OTHER IMPORTANT TERMS
In providing you with access to the Services and the Application, Bsogood
reserves the following rights, and, in accessing, browsing or otherwise using
the Services and the Application, you grant to us and agree that Bsogood shall
have the following rights:
the right to refuse or withdraw
your access to the Services and/or Application without liability, in accordance
with applicable laws
for any reason at any time (with or without notice) if, in Bsogood's sole and
absolute discretion, you violate, attempt to violate or breach any of these
Terms or applicable law;
the right to amend or update the Services and/or the Application, Fees,
billing methods or these Terms from time to time;
the right to without notice, remove Content or materials from your account
for any reason whatsoever at our sole and absolute discretion, including without
limitation Content which is unlawful, offensive, threatening, libellous,
defamatory, obscene or which infringe third party rights, or where the account
is used to propagate any such Content;
the right to access your Account in order to respond to a request for
technical support so long as we maintain reasonably appropriate administrative
physical and technical safeguards for the protection of the security and
confidentiality and integrity of your data; and
the right to terminate, without notice, your Account and delete any
associated data from the Application if your Account has been inactive or
disabled for 90 days or more.
We may transfer our rights and obligations under these Terms to
another organisation. We will contact you to let you know if we plan to do
this. If you are unhappy with the transfer, you may contact us to terminate these
Terms no less than 7 Business Days’ after we tell you about our intention to
You may only transfer your rights or your obligations under these Terms
to another person if we agree to this in writing.
These Terms are between you and us. No other person (other than in respect
of a Booking Contract containing these Terms, a Service Provider) shall have
any rights to enforce any of these Terms.
Each of the clauses of these Terms operates separately. If any court
or relevant authority decides that any of them are unlawful, the remaining
paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required
to do under these Terms, or if we delay in taking steps against you in respect
of you breaching any of these Terms, that will not mean that you do not have to
do those things and it will not prevent us taking steps against you at a later
Nothing in these Terms is intended to, or shall be deemed to,
establish any partnership or joint venture between any of the parties,
constitute any party the agent of another party, or authorise any party to make
or enter into any commitments for or on behalf of any other party.
agreement between you and Bsogood in relation to your use of the Services and
the Application and supersede any prior representations, inducements or
agreements relating to its subject matter.
You agree that these Terms and any claim, dispute or controversy
arising out of in connection with these Terms or their subject matter or
formation (including non-contractual disputes or claims), the Services, the Application,
Bsogood's advertising or any related transaction between you and Bsogood shall
be governed by and construed in accordance with the law of England and Wales.
Any dispute or claim arising out of or in connection with such matters
(including non-contractual disputes or claims) will be subject to the exclusive
jurisdiction of the courts of England and Wales.