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Terms and Conditions

Last Updated: 5th January 2022

Membership Service Terms and Conditions

The Stack provides a subscription based membership service (Membership Service) that allows our members to access events and exclusive content via the internet, in exchange for a subscription fee.

These terms and conditions (“Membership Terms”) apply to your use of our Services if you have a Membership Service account. By signing up for or using a Membership Service account you are agreeing to these Membership Terms and our general service terms (“General Terms of Service”), which are incorporated into and form part of these Membership Terms. If you do not agree to these Membership Terms and our General Terms of Service, you may not use the Membership Service. If there is any inconsistency between these Membership Terms and our General Terms of Service, these Membership Terms will prevail.

The Stack is a publishing and membership service trading as part of Beautystack Limited. Beautystack Limited is registered in the United Kingdom under company number 10736703. Our registered address is 65 Goswell Road, London, England, EC1V 7PD.

Membership

1.1. Your (The) Stack membership (“Membership Service”) will commence on the date stated in your membership confirmation email and will continue until terminated. To use the Membership Service you must have Internet access and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorise us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).

1.2. We may offer a number of subscription plans as part of the Membership Service, including memberships offered by third parties in conjunction with the provision of their own products and services. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up for the Membership Service or in other communications made available to you. You can find specific details regarding your Membership Service subscription by visiting our website and clicking into your account. If you join a Club, your membership of the Club will be subject to separate Club Pass Terms of Use, available here. If you create a Club, your provision and creation of that Club, together with any Club Content and Events, will be governed by the Club Terms of Use for Creators, available here.

Promotional Offers

2.1 We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by The Stack at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Recent members of the Membership Service may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

Membership Billing

3.1. Billing Cycle. Your membership in the Membership Service will start on the day you sign up, and will continue for the period of time agreed with you at the time you sign up (“Subscription Term”). The membership fee for the Membership Service and the intervals at which you will be charged will be communicated to you at the time you sign up for the Membership Service and will be charged to your Payment Method on the specific payment date indicated on the "Account" Page of your The Stack account. The length of your billing cycle will depend on the type of membership that you choose when you signed up, and will be communicated to you at the time you sign up. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your membership plan or if your paid membership began on a day not contained in a given month. Visit our website and click into your account area to see your next payment date.

3.2. Payment Methods. To use the Membership Services you must provide one or more payment methods that are accepted by us (“Payment Methods”). You agree to make all payments on your payment plan and authorise us to charge any Payment Method associated to your account in advance on a periodic basis in accordance with the terms of your Membership Service subscription, until your membership is terminated. . You remain responsible for any uncollected amounts. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you. You are responsible for all taxes associated with your use of the Membership Service other than taxes based on our net income. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully received payment in full via a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

3.3. Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method.

3.4. Changes to the Price and Subscription Plans. We may change our membership plans and the price of our service from time to time; however, any price changes or changes to your membership plans will apply no earlier than 30 days following notice to you. If we increase the fees for the Membership Service and you don’t agree to the change, you may cancel your membership and we will refund to you any fees paid for a period of your Subscription Term after the date you cancel.

3.5 Subscriptions to the Membership Service will automatically renew at the end of each Subscription Term for the same period of time, until you cancel your membership, or we terminate it, in accordance with these Membership Terms or our Service Terms. We will contact you before your current Subscription Term ends to let you know that your membership will automatically renew if you don’t elect to cancel it, and to give you the opportunity to cancel it.

Cancellation

4.1. You can cancel your subscription at any time, and you will continue to have access to the Membership Service until the end of your Subscription Term. Subject to section 4.2 below, all payments in respect of your access to the Membership Service are non-refundable. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current Subscription Term.

4.2. If you are a consumer in the European Union or the United Kingdom, consumer laws give you a right to change your mind and cancel your Membership Service within 14 days of the date your Subscription Period started (“Cooling Off Period”). If you wish to exercise this right of cancellation, you must inform us of your decision within this Cooling Off Period please contact us on membership@thestack.world. If you cancel your Membership Service within your Cooling Off Period, you must pay us for the period of your Subscription Term up until the time you tell us that you have changed your mind. We will refund the subscription fees paid to us, less an amount to compensate us for the period of your Subscription Term before you cancelled your subscription (we calculate this as a daily rate based on the fees for the entire Subscription Term). We will make this refund no later than 14 days after the day on which you told us you were cancelling your subscription, using the same payment method as you used to pay your Membership Service fees.

4.3 We may terminate or suspend your Membership Service, or stop providing all or any part of the Membership Service, at any time in our discretion, with or without notice. If we suspend access to your Account generally under our General Terms of Use, such suspension or termination will automatically suspend or terminate your Membership Service. If we suspend or terminate your Membership Service for any reason except your breach of these Membership Terms or our General Terms of Use, we will refund any fees paid under your payment plan that relate to the period after the date the termination takes effect, or we will suspend payment under your payment plan until your Membership Service is reinstated (as applicable).

Clubs Terms of Use for Creators

These clubs terms of use for Creators (“Club Creator Terms) set out the terms on which you (the “Creator”, “you”, “your”) agree to create, advertise, offer, market, promote or otherwise make available Clubs, Club Content and Events (each as defined below) on The Stack’s mobile application (the “App”) and The Stack’s website available at [www.thestack.world] (the “Site”) and the related services offered by The Stack (collectively, such App, Site and services, being “The Stack World”) and your responsibilities regarding confidentiality and data. These Club Creator Terms also explain that you must maintain insurance and that The Stack is solely a platform provider and all liability for the Clubs, Events and Club Content you provide rests solely with you, the Creator. Please read these Club Creator Terms carefully. By clicking the ‘Create Club’ (or similar button), you are agreeing to these Club Creator Terms.

If you do not agree to these Club Creator Terms, you are not permitted to create, advertise, offer, market, promote or otherwise make available any Clubs, Events, or Club Content via The Stack World.

You should pay particular attention to the section called "Indemnities and Liability", as this excludes or limits our legal liability, and outlines your liability, in connection with these Club Creator Terms and your provision of the Clubs, Club Content and Events.

The Stack is a publishing and membership service trading as part of Beautystack Limited (“The Stack” “we” and “us”). Beautystack Limited is registered in the United Kingdom under company number 10736703. Our registered address is 65 Goswell Road, London, England, EC1V 7PD.

Background

The Stack hereby confirms the terms and conditions on which The Stack may permit the Creator to create, advertise, offer, market, promote or otherwise make available Clubs, Club Content and Events (each as defined below) to members of The Stack’s services (“Members”) via The Stack World.

Your appointment as a Creator creating and providing Clubs, Club Content and Events via The Stack World will be governed by these Club Creator Terms, the General Terms of Service (available here) and the Membership Terms (available here).

Your use of the Site and The Stack World are governed by our General Terms of Service, available here, and the Membership Terms, available here. These Club Creator Terms apply together with the General Terms of Service and the Membership Terms, and should be read together. To the extent of any inconsistency between the provisions of the General Terms of Service, the Membership Terms and these Club Creator Terms, the provisions of these Club Creator Terms shall prevail.

The Stack may vary these Club Creator Terms, or of any of the documents referred to in them, at any time in its discretion. If The Stack does this, The Stack will post the changes on this page and will indicate at the top of this page the date the Club Creator Terms were last revised. The Stack will also notify the Creator, either through the App user interface, in an email notification or through other reasonable means. The Creator’s continued use of The Stack World (or any part thereof) and/or creation, advertisement, offering, marketing, promoting or otherwise making available any Clubs, Club Content and/or Events after the date any such changes become effective constitutes the Creator’s acceptance of the new Club Creator Terms.

Becoming a Club Creator

1.1 To become a Creator, you must already be a Member of The Stack World. You must also reside in the United Kingdom (“UK”) and have a UK bank account that you’re entitled to use and that we accept, which will be used for receipt of Subscription Fees and Event Fees via Stripe Connect (a third party payment provider). Once you have created a Club, you will not be able to change the details of the UK bank account used to receive Subscription Fees and Event Fees and/or connected to your Stripe Connect account.

1.2 By clicking on the “Create Club” (or similar) button and creating a club on and through The Stack World (“Club”) you register as a Creator to create, advertise, offer, market, promote or otherwise make available Clubs, content and materials (“Club Content”) and events (“Events”) to Members via The Stack World in accordance with and subject to these Club Creator Terms and the General Terms of Service. A contract is formed between you and The Stack at that time in relation to your appointment as a Creator to offer and make available Clubs, Club Content and Events to Members via The Stack World, in accordance with and subject to these Club Creator Terms and the General Terms of Service.

Creator obligations

2.1 [You must be at least [18] years old to register as a Creator.] When you create a Creator account, you must ensure all information you provide to us is complete and accurate. You must promptly notify us if any information provided to us when you create a Creator account changes or become inaccurate.

2.2 You agree to access and use The Stack World in accordance with the Terms of Service, available here, and to offer and make available Clubs, Club Content and Events to Members via The Stack World in accordance with these Club Creator Terms. You acknowledge and agree that you do not have the exclusive right to offer and make available any Clubs, Club Content and / or Events to Members via The Stack World and that The Stack may engage third parties to provide the same or similar services, Clubs, content and / or Events to Members via The Stack World, or otherwise.

2.3 You must: (a) ensure the all Clubs, Club Content and Events are marketed, advertised, offered, provided, made available and lead in a professional manner, with all due skill and care and in accordance with Good Industry Practice and Applicable Law; (b) obey all lawful instructions given by or on behalf of The Stack in relation to these Club Creator Terms and the Clubs, Club Content and Events; (c) have all necessary registrations, qualifications, certifications, regulatory approvals, consents, permits, licences and authorisations to enable performance of your obligations under these Club Creator Terms, including in relation to the Clubs, Club Content and Events, and promptly supply The Stack with evidence of this; (d) notify The Stack immediately on receipt of any notice or communication from any public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body in respect of the matters listed in paragraph (c) above; (e) cooperate with The Stack if The Stack is subject to any investigation, enquiry or similar relating to the Clubs, Club Content, Events, or any other matter relating to the Creator, or if The Stack receives any complaint from a Member or any other person; and (f) not infringe any third party’s rights (including Intellectual Property Rights) in providing, displaying, making available, offering or running any Clubs, Club Content and / or Events.

2.4 You are responsible for all activity that occurs on your accounts and/or Clubs pages. If you violate any The Stack policies, or any terms or conditions of these Club Creator Terms, The Stack may terminate or suspend your account and/or cancel any Events organised by you or your Club, close or remove any or all all Clubs created by you and delete any or all Club Content created or published by you.

2.5 If you become aware that any Members of your Clubs are under the age of [16], you must notify us immediately. If any of your Clubs, Club Content and/or Events are suitable only for persons over the age of 18, you are solely responsible for verifying the age of Members access or attending such Clubs, Club Content and/or Events.

2.6 Your account as a Club Creator on The Stack are personal to you, and cannot be sold, licensed, sub-licensed, transferred or assigned to any person.

Term and termination

3.1 Your appointment as a Creator, and this Agreement, will come into force on the Commencement Date and will continue until it is terminated by either party in accordance with its terms.

3.2 You can terminate this Agreement and delete or remove any of your Clubs by written notice to us (including by email), however such termination will not to take effect, and the Clubs will not be deleted or removed, until the last day of the month after the month in which you issue notice to terminate to us (“Notice Period”). You must also give all Members of your Clubs at least thirty (30) days’ notice via the App that the Club will be cancelled or removed. Members pay for access to your Clubs, Club Content and Events. For this reason, during the Notice Period you must continue to make the Clubs, Club Content and Events available to Members in the same manner as they were made available immediately prior to you issuing notice to cancel or remove the Club. No further payments for Subscription Fees or Event Fees will be taken from any Members of your Clubs during the Notice Period, and no new Members will be able to join your Clubs during the Notice Period.

3.3 We can terminate your appointment as a Creator immediately if you commit any material breach of your obligations under these Club Creator Terms, the General Terms of Service or the Member Terms which is incapable of remedy or, if capable of remedy, is not remedied within 20 Business Days’ following receipt of a notice requiring it to be remedied.

3.4 We may immediately suspend or terminate your right to provide the Clubs, Club Content and / or Events if you are no longer permitted to provide the Clubs, Club Content and / or Events under any Applicable Law, or if, in The Stack’s opinion, The Stack otherwise has reasonable grounds for doing so.

3.5 On termination of your appointment as a Creator, you must immediately return or destroy all materials or documents belonging to The Stack, as instructed by The Stack. Termination of your appointment as a Creator will not affect the rights or liabilities of either party accrued prior to termination or expiry. The following Clauses will survive the termination of your appointment as a Club Creator and this Agreement: 2.4; 3.5; 4; 6; 7; 8; 9; 10; 11; 12; 13; and any other terms intended expressly or by implication to survive termination or expiry.

Restrictive Terms

4.1 In order to protect the Confidential Information and The Stack’s business connections (including with Members and other Creators) to which the Creator will have access as a result of these Club Creator Terms, the Creator covenants that it shall not: (a) during the Term and for twelve (12) months following termination of the Creator’s appointment as a Creator, provide goods or services to any Member the Creator first identified or was introduced to via the Site or The Stack World, that are the same as or similar to the Clubs, Club Content and / or Events; and (b) at any time after termination of the Creator’s appointment as a Creator, represent itself as connected with any The Stack Group Company in any capacity, or use any business names or trading names associated with or colourably similar to any business names or trade names used by a The Stack Group Company.

4.2 The Creator acknowledges that it has been separately legally advised in relation to the restrictions in this Clause 4. Each of the restrictions in this Clause 4 is intended to be separate and severable. If any of the restrictions shall be held to be void but would be valid if part of their wording were deleted, such restriction shall apply with such deletion as may be necessary to make it valid or effective.

Appointment of agent

5.1 The Creator hereby appoints The Stack as its agent to: (a) seek Members to join Clubs and to book Events with Members on its behalf and The Stack accepts the appointment on those terms. The Stack is authorised by the Creator to solicit, promote and conclude contracts with Members for Clubs and Events in the name of and on behalf of the Creator; and (b) to collect Member payments owed to the Creator for membership of Clubs and attendance at Events. The Stack shall be authorised to take such steps as it considers necessary to obtain such funds and shall hold such funds for and on behalf of the Creator.

5.2 The Creator acknowledges and agrees that: (a) all payments for joining Clubs and bookings for Events placed by Members on The Stack World shall be paid for by Members via The Stack World, in accordance with the Club Pass Terms of Use (available here) and the Creator shall not permit Members to pay for Club membership, access to Club Content and/or attendance at Events by any other means, including payment on, during or after an Event; and (b) the Creator shall be solely responsible for all aspects of its Clubs, Club Content and Events other than as expressly set out in these Club Creator Terms.

Fees and payment

6.1 As a Creator, you can make Clubs available to Members via The Stack World for a monthly subscription fee (“Subscription Fees”). You can also make Events available to Members for additional fees (“Event Fees”), which will be charged separately from the Subscription Fees. It’s up to you to decide what Subscription Fees and Event Fees to charge Members who join your Clubs and attend your Events, however once you have set the Subscription Fees for your Club, and/or the Event Fees for an Event, you can’t change the amount of Subscription Fees and/or Event Fees payable by Members. In order to charge Subscription Fees and Event Fees, you must create an account with Stripe Connect, and we will collect Subscription Fees and Event Fees from Members via Stripe Connect on your behalf, in accordance with our agency appointment in Clause 5.1 above. We (or Stripe) will also handle payments issues such as fraud, chargebacks or payments disputes. We and/or Stripe may block payments from Members if we suspect they are fraudulent, if the Member has been suspended or removed from The Stack World, or if we otherwise think it necessary or appropriate. Stripe is a third party payment provider and you acknowledge and agree that their terms and conditions, will apply to our processing of payments and your receipt of Subscription Fees and Event Fees. Stripe’s terms will be made available to you at the time you create your Stripe Connect account. We may change Stripe for another third party payment provider to payment method at any time. We will give you at least thirty (30) days’ notice of this.

6.2 Subject to Clause 6.7, we will remit Subscription Fees and Event Fees to you [monthly in arrear, within 20 Business Days following the last day of the month in which we received the relevant Subscription Fees or Event Fees in cleared funds], via Stripe. If there is a delay in receiving payment from a Member, this may lead to a delay in us remitting the payment to you. We charge a commission of ten percent (10%) on all Subscription Fees and Event Fees received from Members, which we will deduct from the amounts we remit to you. In addition to the commission, we will deduct payment processing fees from the amount remitted to you. For payments processed in the UK and Europe, the payment processing fee we charge is 1.4% plus 20 pence. For payments processed outside of the UK and Europe, the payment processing fee we charge is 2.9% plus 20 pence. You consent to us deducting such commission and payment processing fees from the amounts remitted to you. We may block or delay any payment to you if we are required to for tax reasons or compliance with Applicable Law, or if you owe us any amounts under these Club Creator Terms, or otherwise.

6.3 If your account becomes negative because of refunds issued to Members or for any other reasons, we can recover the amounts owed to us from future payments made by Members to you.

6.4 All amounts remitted to you will be remitted in GBP. We reserve the right to change the commission and payment processing fees at any time on at least thirty (30) days’ notice to you.

6.5 If the Creator has incurred any liability to The Stack or any The Stack Group Company, whether under these Club Creator Terms or otherwise, The Stack will be entitled to set off the amount of such liability against any Subscription Fees, Event Fees or other sums that would otherwise be due by any The Stack Group Company to the Creator, without prejudice to any other rights or remedies available to The Stack under these Club Creator Terms or at law.

6.6 The Subscription Fees and Event Fees, less The Stack’s commission and payment processing fees, shall be the Creator's total compensation for the provision of the Clubs, Club Content and Events. The Creator shall make all necessary income tax, VAT, sales tax other taxes payable in connection with the Clubs, Club Content and Events. The Creator shall be fully responsible for and indemnify The Stack against any liability, assessment or claim for taxation whatsoever arising from or made in connection with the Clubs, Club Content and Events, where such recovery is not prohibited by law. To the extent that any applicable tax regulations require The Stack to deduct or withhold taxes from the payments due under these Club Creator Terms to the Creator, then The Stack may deduct the relevant amounts from the amount otherwise payable.

6.7 If your appointment as a Creator is terminated or you close or remove any Clubs for any reason, we may retain any Subscription Fees, Event Fees and other amounts due to you for a period of sixty (60) days following the date the relevant Club(s) were closed or removed, to enable us to issue refunds due to Members or cover other amounts due to us.

Insurance

7.1 During the Term and for a period of seven years afterwards, the Creator shall maintain in force insurance policies with reputable insurance companies, against all risks that would normally be insured against by a prudent professional in connection with the risks associated with these Club Creator Terms and the Clubs, Club Content and Events, including professional indemnity insurance with a limit of at least [●] for claims arising from a single event or series of related events in a single calendar year, and such other insurances as are required by Applicable Law. On The Stack’s written request, the Creator will provide The Stack with evidence that it holds such insurances. The Creator’s liabilities under these Club Creator Terms shall not be released or limited by the Creator taking out the insurance policies referred to in this Clause 7.1.

Liability and Indemnities

8.1 The Creator agrees to indemnify and keep indemnified The Stack and each The Stack Group Company on demand from and against all losses, liabilities, damages, costs and expenses incurred or suffered by The Stack or a The Stack Group Company arising out of or in connection with: (a) any claim by a Member or other third party in connection with any Clubs, Club Content and / or Events offered, created or provided by the Creator or its employees, directors, contractors, agents or representatives; (b) breach by the Creator or its employees, directors, contractors, agents or representatives of the terms of these Club Creator Terms, the General Terms of Service or the Membership Terms; (c) any breach of any Applicable Law by the Creator or its employees, directors, contractors, agents or representatives; and (d) any negligent or other wrongful act or omission by the Creator or its employees, directors, contractors, agents or representatives.

8.2 The Stack will not be liable whether in contract, tort (including negligence), breach of statutory duty or otherwise (to the maximum extent permitted by applicable law) for any: (i) loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings, goodwill or reputation (in each case whether direct or indirect); (iii) special, incidental, punitive, indirect or consequential loss or damage, suffered or incurred by the Creator arising out of or in connection with these Club Creator Terms or the Clubs, Club Content and Events; or (iii) failure or delay resulting from any condition beyond its reasonable control.

8.3 The Creator assumes all responsibility in connection with any advice, information, materials or content it provides to a Member in connection with the Clubs, Club Content and Events and all Club Content it contributes to The Stack World. In no event will The Stack be liable for damages of any kind (including, without limitation, any special, incidental, or consequential damages) arising out of or in connection with any Clubs, Club Content an/or Events.

8.4 To the extent permitted by law, The Stack’s total aggregate liability to the Creator under or in connection with these Club Creator Terms (whether in contract, tort (including negligence), breach of statutory duty or otherwise) will not exceed the Subscription Fees paid to the Creator in the twelve (12) month period preceding the date on which the relevant claim or claims arise, for the Club in respect of which the relevant claim or claims have arisen. Nothing in these Club Creator Terms will in any way exclude or limit a party’s liability to the other party for: (a) death or personal injury caused by that party’s negligence; (b) fraud or fraudulent misrepresentation; and/or (c) any other matter for which it would be illegal to exclude or attempt to exclude its liabilities.

Intellectual property rights

9.1 All right, title and interest, including Intellectual Property Rights, in and to The Stack IP will remain in, or will vest in, The Stack or its licensors, and each party will retain ownership of all of its Background IP. The Creator’s rights to access and use The Stack World are governed by the General Terms of Service, available here, and the Membership Terms, available here.

9.2 The Creator may submit designs, drawings, photographs, text, documentation or other information, materials or content to be published on The Stack World (“Club Content”). The Stack reserves the right to approve any Club Content to be published on The Stack World. Without limiting the foregoing, any Club Content which the Creator submits must not: (i) infringe the Intellectual Property Rights or other rights of any other person; (ii) be made in breach of any legal duty owed to a third party; (iii) be threatening, abusive or invade another’s privacy; (iv) contain any sexually explicit or pornographic material or be likely to harass, upset, embarrass, offend, alarm or annoy any other person; (v) encourage any act or activity that could be harmful to the health or well-being of anyone or which raises any clinical safety concerns; (vi) breach any duty of confidentiality you owe to another person, or the terms of any contract or arrangement the Creator has with another person; (vii) be used to impersonate anyone, or to misrepresent the Creator’s identity or affiliation with any person; or (viii) give the impression that the Club Content has been created or made available by The Stack.

9.3 The Creator shall retain all right, title and interest, including Intellectual Property Rights, in and to the Club Content, and hereby grants The Stack a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable licence to display, publish, reproduce, modify, exploit, sell, license, sublicense, combine with other materials or Intellectual Property Rights and otherwise use in any manner, the Club Content.

9.4 The Stack may collect data about your Clubs, Club Content, Events, and your and the members’ of your Clubs use The Stack World. You agree to us collecting and using this data for any purpose, including to improve, maintain, protect and develop The Stack World.

9.5 To the extent that any The Stack IP is acquired by or otherwise vests in the Creator as a result of these Club Creator Terms or the performance of the parties’ obligations under these Club Creator Terms, the Creator hereby assigns to the Stack all of its right, title, and interest in any and all of The Stack IP and Club Content to the extent that such right, title and interest are capable of a present assignment of future rights; and agrees to assign all of its right, title, and interest in any and all of The Stack IP or Club Content to The Stack to the extent such right, title, and interest is not capable of a present assignment of future rights.

9.6 If the Creator wishes to obtain a licence to any The Stack IP (including a licence to use The Stack’s trade marks in connection with the Creator’s Clubs, Club Materials or Events), the Creator must obtain The Stack’s prior written consent, which The Stack may grant or withhold, or grant subject to conditions, in The Stack’s sole discretion.

Confidentiality and Data Protection

10.1 The Creator must hold The Stack’s, each The Stack Group Company’s and the Members’ Confidential Information in strict confidence, and must not disclose such Confidential Information to any third party. The Creator may use each of The Stack Group Companies’ and the Members’ Confidential Information solely for the purposes of carrying out its obligations under these Club Creator Terms. The obligations on the Creator set out in this Clause 10.1 will not apply to any Confidential Information of The Stack, a The Stack Group Company or a Member which: (a) is publicly available or becomes publicly available other than through an act or omission of the Creator, or its employees, agents, representatives or contractors; (b) the Creator is required to disclose by order of a court of competent jurisdiction or by a regulator having jurisdiction over the Creator, provided that prior to such disclosure, the Creator must use reasonable endeavours to provide notice to the other party setting out the nature of the proposed disclosure; or (c) is already known to the Creator, as evidenced in written or machine readable form dated prior to the date of disclosure or is received from an unaffiliated third party without an obligation of non-disclosure or breach of an obligation of confidentiality to the other party.

10.2 The Creator must comply with all Applicable Laws in relation to data protection, privacy, cyber security or the processing of personal data, including (a) the Data Protection Act 2018; (b) the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any regulation from time to time in any member state of the European Union or European Economic Area which implements Directive 2002/58/EC of the European Parliament; (c) the General Data Protection Regulation (EU) 2016/679 of the European Parliament (the “EU GDPR”) and any legislation or regulation implementing or exercising derogations under the GDPR from time to time in any member state of the European Union or European Economic Area; (d) the EU GDPR in such form as incorporated into the law of England and Wales, Scotland and Northern Ireland by virtue of the European Union (Withdrawal) Act 2018 and any regulations thereunder, and the UK Data Protection Act 2018; (the “UK GDPR”); and (e) any applicable rules, requirements, directions, guidelines and codes of practice issued by a data protection authority in respect of the processing of personal data.

10.3 To the extent that, in the course of offering or providing the Clubs, Club Content and / or Events, the Creator processes any personal data in respect of which The Stack is the controller (“The Stack Personal Data”), the Creator shall comply with its obligations under Data Protection Law. For details on how The Stack processes The Stack Personal Data as a controller, see The Stack’s Privacy Policy, available here, as amended from time to time.

Warranties

11.1 The Creator represents and warrants to The Stack that: (a) it has all necessary registrations, qualifications, certifications, licences, permits, consents, and/or approvals from and by, and has made all necessary notices to all governmental authorities having jurisdiction, to the extent required to market, offer, make available and provide the Clubs, Club Content and Events; (b) it is not, has never been, and is not expected to become, precluded by a decision of a regulatory or professional body, or by any act of a competent government authority under Applicable Law, from carrying out the activities required to be carried out in marketing, offering, making available or providing the Clubs, Club Content and / or Events; (c) it is not, has never been, and is not expected to become, the subject of any investigation or other relevant proceedings that could (in an adverse outcome), result in any of the events described in paragraph (b) occurring; (d) it is entitled to work in the UK without any additional approvals; (e) the execution, delivery and performance of these Club Creator Terms by the Creator and all documents to be delivered by the Creator under these Club Creator Terms to the best of the Creator’s knowledge and belief, will not violate any Applicable Law or the rights of any person; (f) the Clubs, Events and Club Content will not infringe the rights (including Intellectual Property Rights) of any person; and (g) the Creator has the right to enter into these Club Creator Terms and these Club Creator Terms constitute a legal, valid and binding obligation, enforceable against the Creator in accordance with their terms.

11.2 The Creator shall immediately notify The Stack if any of the warranties in Clause 11.1 becomes untrue or if there is any change in the Creator’s circumstances, including any expiration, revocation, change or otherwise to the Creator’s professional qualifications or certification, or if the Creator becomes subject to any investigation by any industry or regulatory body or any legal proceedings or any nature in the Creator’s professional capacity.

General

12.1 Each party agrees to receive electronically all communications and notices that the other party provides in connection with these Club Creator Terms, including via email, or by posting notices or communicating via the App or the Site.

12.2 The Creator may not, except with the prior written consent of The Stack, assign any of its rights under these Club Creator Terms; or transfer or subcontract any or all of its obligations under these Club Creator Terms. Any purported assignment or transfer in contravention of this Clause 12.2 will be ineffective. The Creator will be an independent contractor and nothing in these Club Creator Terms shall render the Creator an employee, worker, agent or partner of The Stack and the Creator shall not hold itself out as such. Neither party will have any authority to make any commitments on the other party’s behalf.

12.3 Nothing in these Club Creator Terms confers any right on any person (other than the parties) pursuant to the Contracts (Rights of Third Parties) Act 1999, or otherwise.

12.4 Each party warrants and undertakes that it has not done, and in performing its obligations under these Club Creator Terms, shall not do, any act or thing that contravenes Anti-Bribery Law and shall immediately inform the other in writing on becoming aware of, or suspecting, any failure to comply with this Clause 12.4. The Creator shall comply with any of The Stack’s anti-bribery policies made available to the Creator from time to time.

12.5 These Club Creator Terms, together with the General Terms (available here) and the Membership Terms (available here) contain the entire agreement between the parties with respect to its subject matter and will inure to the benefit of, and will be binding on, the parties and their respective successors and assigns.

12.6 These Club Creator Terms and any Dispute or claim arising out of or in connection with them or their subject matter, whether of a contractual or non-contractual nature, will be governed by and construed in accordance with the laws of England. The parties irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any Dispute arising out of or in connection with these Club Creator Terms.

12.7 These Club Creator Terms may be executed in any number of counterparts, each of which will constitute an original, and all the counterparts will together constitute one and the same agreement.

12.8 Each party must at its own cost execute any additional documents and do or procure that any other acts or things are done from time to time to give full effect to these Club Creator Terms and secure to the other party the full benefit of the rights, powers, privileges and remedies conferred upon the other party in these Club Creator Terms.

12.9 If any provision of these Club Creator Terms is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these Club Creator Terms will remain in full force and effect and will not in any way be impaired. If any provision of these Club Creator Terms is held to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, or the period of the obligation reduced in time, or the range of activities or area covered reduced in scope the provision in question will apply with the minimum modifications necessary to make it valid and enforceable.

12.10 Any omission to exercise, or delay in exercising, any right or remedy under these Club Creator Terms will not constitute a waiver of that, or any other, right or remedy. The waiver by any party to these Club Creator Terms of its rights or remedies arising under these Club Creator Terms or by law will not constitute a continuing waiver of that right or remedy or a waiver of any right or remedy.

Definitions and interpretation

13.1 In these Club Creator Terms, unless the context otherwise requires:

“Affiliate” means a party that Controls, is Controlled by, or is under common Control with, a party, where “Control” has the meaning given to it in section 1124 of the Corporation Tax Act 2010;

“Agreement” means the agreement created by these Club Creator Terms, the General Terms of Service (available here) and the Membership Terms (available here);

“Applicable Law” means any law, statute or enactment and any licence, rule, regulation, code of practice, or ethical guidelines or other requirements of regulatory authorities, professional organisations or self-governing bodies, as amended from time to time, in each case as applicable to a party and/or the Clubs, Club Content and/or Events;

“Anti-Bribery Law” means all Applicable Law, codes and sanctions relating to the prevention, prohibition or outlawing of bribery, money laundering, or similar and illegal activities;

“Background IP” means, in respect of a party: (a) all Intellectual Property Rights of that party and its Affiliates in existence prior to the Commencement Date and includes, in the case of The Stack, The Stack IP; and (b) all Intellectual Property Rights created and/or developed by that party or its Affiliates following the Commencement Date to the extent that such Intellectual Property Rights were created or developed outside the scope of the performance of the parties’ obligations under these Club Creator Terms;

“Business Day” means a day (other than a Saturday or Sunday) when banks generally are open for the transaction of normal banking business in London;

“Club” has the meaning given to it in Clause 1.2 (and “Clubs” shall be construed accordingly); “Club Content” has the meaning given to it in Clause 9.2;

“Commencement Date” means the date the Creator accepts these Club Creator Terms by clicking the “Create Club” or similar button;

“Confidential Information” means: (a) any information relating to any actual or prospective business strategies of The Stack; (b) details of The Stack’s Members, connections and contacts; (c) The Stack IP; (d) all unpublished information relating to The Stack IP and/or to the creation, production or supply of any products or services of The Stack; (e) any information in respect of which The Stack Group owes an obligation of confidence to a third party; and (f) any other information which in the circumstances in which it is disclosed would reasonably be regarded as being confidential or as having been disclosed in circumstances importing an obligation of confidentiality;

“Dispute” means a dispute, controversy, or claim arising out of, relating to, or in connection with these Club Creator Terms (including any question regarding its existence, validity, or termination) or otherwise in relation to the Clubs, Club Content and Events;

“Event” means any events (whether face-to-face/in person, virtual or otherwise) created by the Creator for the benefit of, or otherwise made available by the Creator to, Members (and “Events” shall be construed accordingly);

“Fees” has the meaning given to it in Clause 6.1;

“Good Industry Practice” means the exercise of the degree of skill, care, prudence, diligence, competence and foresight that would ordinarily be expected of an experienced professional with the qualifications, experience and credentials the Creator purports to possess, in accordance with good industry practice and the equivalent standard for performing services of a similar type to the Clubs, Club Content and Events;

“Intellectual Property Rights” means any current and/or future intellectual property rights (whether registered or not) including any copyrights, trade marks, trade names, domain names, rights in logos and get-up, inventions, trade secrets and technical expertise, information, data, inventions, knowledge, experience and know-how, registered and unregistered design rights, patents, utility models, semi-conductor topographies, all rights of whatever nature in computer software and data and rights in databases and all applications for registration, renewals and/or extensions in relation to any of the above and all intangible rights and privileges of a nature similar, analogous or allied to any of the above in any part of the world;

“Members” has the meaning given to it in the Background section of these Club Creator Terms;

“Site” has the meaning given to it in the Background section of these Club Creator Terms;

“Term” means the term of these Club Creator Terms, as described in Clause 4.1;

“VAT” means any value added tax chargeable by virtue of any enactment in a country introduced by reason of the sixth council directive 77/388/EC, VAT directive 2006/112/EC or its predecessors or similar subsequent legislation or any similar tax applicable in any other jurisdictions;

“The Stack Data” means any data, materials, information, documents, text, drawings, diagrams, images or sounds (together with any database made up of any of those), embodied in any medium, that are supplied or made available to the Creator by or on behalf of The Stack, or which the Creator is required to generate, process, store or transmit pursuant to these Club Creator Terms or in the course of carrying out the Clubs, Club Content and Events;

“The Stack Database” means the compilation of any data (including The Stack Data) and data relating to Members supplied to the Creator by, or on behalf of, The Stack or generated by the Creator from any such data;

“The Stack Group” means The Stack and each Affiliate of The Stack, and “The Stack Group Company” means any member of The Stack Group;

“The Stack IP” means all Intellectual Property Rights in and to: (a) The Stack’s documentation, processes and procedures; (b) The Stack Data; (d) The Stack Database; (e) The Stack World; and (f) all documents, data and other materials supplied by The Stack to the Creator, including, any such documents, data and other materials incorporating or referring to Confidential Information, and any modifications, enhancements, improvements, or derivates to or of any of the foregoing; and

“The Stack World” has the meaning given to it in the Background section of these Club Creator Terms.

The Clause and paragraph headings and the table of contents used in these Club Creator Terms are inserted for ease of reference only and will not affect construction. References to “Clauses” and “Schedules” are references to the Clauses of and schedules to these Club Creator Terms.

References to times of the day are to that time in London, England and references to a day are to a period of 24 hours running from midnight. References to persons will include bodies corporate, unincorporated associations and partnerships, in each case whether or not having a separate legal personality.

References to the word “include” or “including” (or any similar term) are not to be construed as implying any limitation and general words introduced by the word “other” (or any similar term) will not be given a restrictive meaning by reason of the fact that they are preceded or followed by words indicating a particular class of acts, matters or things and all definitions in Clause 13.1 will apply, where the context requires, to cognate forms and plural and singular forms, and any other forms.

References to statutory provisions, enactments, EC Directives or EC Regulations include references to any amendment, modification, extension, consolidation, replacement or re-enactment of any such provision, enactment, EC Directive or EC Regulation (whether before or after the date of these Club Creator Terms), to any previous enactment which has been replaced or amended and to any regulation, instrument or order or other subordinate legislation made under such provision, enactment, EC Directive or EC Regulation.

The Stack – Club Pass Terms of Use

These terms and conditions (“Club Pass Terms of Use”) set out the terms on which you (the “Member”) can join and participate in Clubs and Events, and access Club Content (each as defined below), via The Stack’s mobile application (the “App”) and The Stack’s website available at [www.thestack.world] (the “Site”) and the related services offered by The Stack (collectively, such App, Site and services, being “The Stack World”). These Club Pass Terms of Use also explain that The Stack is solely a platform provider and all liability for the Clubs, Events and Club Content rests with the Creators of the relevant Clubs, Club Content and Events. Please read these Club Pass Terms of Use carefully. By clicking the “Buy Pass” (or similar) button and/or purchasing a Club pass, accessing any Clubs, Club Content and/or Events, you are agreeing to these Club Pass Terms of Use.

If you do not agree to these Club Pass Terms of Use, you are not permitted to purchase any Club passes, join, participate in or access any Clubs, Events, or Club Content via The Stack World.

You should pay particular attention to the section called "Liability", as this excludes or limits our legal liability in connection with these Club Pass Terms of Use and your access to and use of the Clubs, Club Content and Events.

The Stack is a publishing and membership service trading as part of Beautystack Limited (“The Stack” “we” and “us”). Beautystack Limited is registered in the United Kingdom under company number 10736703. Our registered address is 65 Goswell Road, London, England, EC1V 7PD.

We reserve the right, at our sole discretion, to change or modify portions of these Club Pass Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Club Pass Terms of Use were last revised. We will also notify you, either through the App user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted. Your continued access to any Clubs, Club Content or Events after the date any such changes become effective constitutes your acceptance of the new Club Pass Terms of Use.

The Stack’s aim is to provide useful resources to its Members, however you should not rely on opinions or advice available on or through The Stack World, or any Club, Club Content or Event.

If you breach any of these Club Pass Terms of Use, we have the right to terminate your access to the Services immediately without notice.

If you are a Creator (as defined below), these Club Pass Terms of Use do not govern our relationship with you. Rather, the Club Terms of Use for Creators (available here) will govern our relationship with you.

Your use of the Site and The Stack World are governed by our General Terms of Service available here, and the Membership Terms, available here.

1.Summary

a. Clubs: As a Member of The Stack, you can choose to support specific Members (“Creators”) who have created clubs (“Clubs”) on The Stack World to provide content, materials and information (“Club Content”) and to organise and host events (“Events”) for Members of the Stack in relation to specific subject matters. Each Creator decides on the scope and subject matter of the Clubs, Events and Club Content they create and provide. You can sign up to join a Club on the Stack Platform by pressing the ‘Buy Pass” button when viewing the detail of any club available on the Stack Platform. You are responsible for ensuring that your request is complete and accurate before submitting it. A contract is formed at that time between you The Stack in relation to your membership of, access to and attendance at Clubs, Club Content and Events via The Stack World, in accordance with and subject to these Club Pass Terms of Use and the General Terms of Service.

b. Events. Each Creator decides on the subject matter, format, time, date, location and frequency of Events organised for Members of their Clubs. If you are a member of a Club, you can request to attend an Event organised by that Club by clicking the “RSVP Now” or similar button on the event details page.

c. How Events occur. Some Events will occur face-to-face in real life, and others will be virtual. Details of each Event will be made available to you at the time the Event is booked, however Creators may change the details of Events if they think it’s appropriate or necessary, for example if Covid-19 restrictions make face-to-face Events impractical or illegal. The relevant Creator will send you details of the Event, and how to join it, prior to the Event occurring. We are not responsible for the conduct of any Events, and they will not occur on or via The Stack World.

d. No Reliance: You should not rely solely on information and advice available through a Club, Club Content or Event. Such information and advice is not provided or verified by The Stack. You acknowledge and agree that information, advice and content made available on or through any Club, Club Content or Event is provided for general information purposes only and not as a substitute for medical or other professional advice. Unless otherwise specified, all Club Content is presented solely for your private, personal and non-commercial use. If accessing any Club, Club Content or Event infringes any applicable law in your jurisdiction(s), you are not authorised to access or use the relevant Club, Club Content or Event and you must cease such access and use immediately.

e. Modifications to Service: Access to Clubs, Club Content and Events is permitted on a temporary basis. The Stack reserves the right to modify or discontinue, temporarily or permanently, any Clubs, Club Contents or Events (or any part of them) with or without notice. You agree that The Stack will not be liable to you or to any third party for any modification, suspension or discontinuance any Clubs, Club Contents or Events.

2.Your Account and Responsibilities

a. Registration: You must be a Member of The Stack (FREE or Paid) in order to join Clubs, access Club Content, and attend Events. You agree to provide and maintain true, accurate and current information about yourself as prompted by The Stack World. If you choose not to provide any information requested via The Stack World, you acknowledge and agree that you may not be able to use or benefit from certain features of Clubs, Club Content and Events. Information you submit via the “Personal Profile” form, and certain other information about you, are governed by our Privacy Policy, available at thestack.world/privacy. If you are under 16 years of age, you are not authorised to join Clubs, or access Club Content or Events. Some Clubs and Events may require you to be 18 years of age to join and/or attend them (as applicable). If you are under 18 years of age, you will not be permitted to join the relevant Clubs and/or attend the relevant Events. You must also have a valid credit or debit card that you’re entitled to use, and that we accept, or an account to use one of the third party payment services we use from time to time, and you must not previously have had any account on The Stack disabled or terminated for any violation of law or our terms of use or policies.

b. Your Responsibilities: It is your sole responsibility to include accurate information in the ‘Your Profile’ form. If you fail to disclose such information to the relevant Creator or Club, then to the extent permitted by law, neither we nor the Creator or Club will be liable for any injury, loss or damage you suffer as a result of or in connection with any services, advice or information provided by the Club or Creator, or during an Event, or that otherwise arises out of or in connection with your failure to disclose that information. It is your responsibility to confirm you are able to attend Events at the time and location they are occurring. It is also your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets the necessary technical specifications to enable you to attend any virtual Events. We will not refund any amounts paid by you for an Event if you cannot attend an Event because your equipment didn’t meet the necessary technical specifications.

3.Fees

a. The fees for joining each Club (“Pass Fees”) and/or for attending any Event (“Event Fees”) will be made available to you at the time you choose to join a Club or sign up for an Event. All Pass Fees for membership of a Club are payable monthly in advance. Pass Fees include VAT. Your membership of a Club will start on the day you sign up, and will continue until terminated by you or us in accordance with these Club Pass Terms of Use. Pass Fees will be charged to your payment method on the specific payment date indicated on the “Account” page of your The Stack account, or otherwise communicated to you. During the first month of your subscription to a Club (“Club Subscription”), the Pass Fees for that Club will be paid on a pro rata basis. In some cases your payment date may change, for example if your payment method has not successfully settled, when you change your membership plan or if your paid membership began on a day not contained in a given month. Visit our website and click into your account area to see your next payment date.

b. Fees for Events. We require pre-payment of all Event Fees to secure a booking for an Event organised by a Creator or Club. The Event Fees payable for the Event will be shown at the time you book your place at the Event. We may change the Event Fees charged for Events at any time, however any changes will not apply to Events booked before the change comes into effect. Event Fees include VAT.

c. Payments. You agree to make all payments for all Pass Fees and Event Fees and authorise us to charge any payment method associated to your account in advance on a periodic basis in accordance with these Club Pass Terms of Use, until your membership of the relevant Clubs and/or Events is terminated. Payments of all Pass Fees and Event Fees are made through Stripe. Stripe is a third party payment provider, and your payment will be processed by Stripe and their terms of use will apply. Stripe’s terms will be made available to you at the time you place your booking request. Payment is made directly to The Stack acting as commercial agent on behalf of the Creators only. We are authorised by the Creators to accept payment on their behalf and payment of the Pass Fees and Event Fees to us will fulfil your obligation to pay the relevant Pass Fees or Event Fees to the Creators in respect of your membership of the relevant Club and/or attendance at the relevant Event. We may change Stripe for another third party payment provider or a different payment method at any time. We will give you at least thirty (30) days’ notice of this. In addition to the Pass Fees and Event Fees, we may charge fees for the services we provide. These additional fees will be shown on the checkout pages before you purchase a pass to a Club and/or Event. Unless you cancel your membership to a Club before your billing date, you authorise us to charge the Subscription Fees for the next billing cycle to your payment method. You remain responsible for any uncollected amounts. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you. You are responsible for all taxes associated with your membership of and access to Clubs, Club Content and Events, other than taxes based on our and/or the relevant Creators’ net income. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your pass to a Club, we may suspend your access to the relevant Clubs, Club Content and Events until we have successfully received payment in full via a valid payment method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Check with your payment method service provider for details. You can update your payment methods by going to the "Account" page. We may also update your payment methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable payment methods.

d. Changes to Pass Fees. We or the relevant Creators may change Pass Fees and Event Fees from time to time; however, any changes to Pass Fees and Event Fees will apply no earlier than 30 days following notice to you. If we or a Creator increase any Pass Fees or Event Fees and you don’t agree to the change, you may cancel your membership of the relevant Clubs and we will refund to you any fees paid for a period of your Subscription Term after the date you cancel.

e. Renewal of Pass Fees. Membership of a Club will automatically renew at the end of each Subscription Term for the same period of time, until you cancel your membership, or we terminate it, in accordance with these Club Pass Terms of Use.

4.The Creator’s Role

a. The Creator’s Role. Each Creator is solely responsible for any advice or information given to you on the page for a Club, in any Club Content, or during an Event. By its nature, any information given on the page for a Club, in any Club Content or during an Event will be generic, and not tailored to your specific needs.

5.The Stack’s Role

a. When you join a Club or book an Event organised by a Club, we act as an agent on behalf of the Creator who runs the relevant Club (and its Events), to conclude your request from The Stack World and to manage your experience throughout the process. Once you have submitted an RSVP and we have accepted your payment (if applicable), a contract will be formed between you and The Stack with respect to your membership of the Club and/or attendance at the relevant Event(s), on and subject to the terms of these Club Pass Terms of Use. We will send you an email or other notification confirming your membership of the Club and attendance at Events organised by the Club.

b. We act as a commercial agent for the Creators whose Clubs and Events you may join and attend. The Creators will provide the services during and constituting the Club and / or Events, not us. It is the Creators’ responsibility to organise and run Clubs and Events and we simply provide the platform that helps you book and join Clubs and Events with the Creator(s) of your choosing, and we take payment on their behalf. We make efforts to verify but cannot warrant or guarantee a Creator’s purported identity or credentials. For these reasons, we cannot and do not represent, warrant or guarantee the accuracy of the credentials or the identities of the Creators, or any particular level of knowledge or expertise. You acknowledge and agree that to the extent permitted by law, The Stack is not responsible for, and will not be liable for, any loss or damage arising out of or in connection with any Clubs, Club Content, or Events.

6.Cancellation Rights

a. You can cancel your membership of a Club at any time, and you will continue to have access to the Club until the end of your Club Subscription Term for the relevant Club.

b. Subject to paragraph (c) below, all Pass Fees, Event Fees and other payments in respect of your access to a Club and attendance at Events are non-refundable. To cancel, go to the "Club" page and “Leave the club” from the option. If you cancel your membership to a Club, your account will automatically close at the end of the pass term for your membership of that Club.

c. If you are a consumer in the European Union or the United Kingdom, consumer laws give you a right to change your mind and cancel your pass to a Club within 14 days of the date your pass to the Club started (“Cooling Off Period”). If you wish to exercise this right of cancellation, you must inform us of your decision within this Cooling Off Period (please use the Cancellation Form or contact us). If you cancel your pass to a Club within your Cooling Off Period, you must pay us for the period of your pass to the Club up until the time you tell us that you have changed your mind. We will refund the Pass Fees paid to us, less an amount to compensate us for the period of your pass to a Club before you cancelled your pass (we calculate this as a daily rate based on the fees for the entire Pass Subscription Term). We will make this refund no later than 14 days after the day on which you told us you were cancelling your pass, using the same payment method as you used to pay your Pass Fees. If an Event booking is made for a date before the Cooling Off period expires, your booking is an express request to the Creator to provide the services you have requested within the cancellation period. If you decide to cancel your attendance at an Event, you may still be charged for any services supplied until we are informed of your decision. In addition to your consumer rights, you may cancel or reschedule your Event and receive a full refund if you cancel up to 24 hours before the Event time. If you cancel an Event within 24 hours of the scheduled Event time, you will not be entitled to any refund of the Event Fees.

d. If you are late or fail to turn up. If you fail to attend an Event or are late to a booked Event, you will not be entitled to a refund of the fees paid for the Event.

7.Our Rights to Terminate

a. Our Rights to Suspend or Cancel Your Club Pass. We may terminate or suspend your pass to a Club, or stop providing all or any part of the Club, Club Content, or Events, at any time in our discretion, with or without notice, including (but not limited to) if we believe that you have violated or acted inconsistently with the letter or spirit of these Club Pass Terms of Use, you have applied for refunds to which we do not believe you are entitled, or we believe you have acted fraudulently, abusively or illegally. If we suspend access to your Membership of The Stack World generally under our General Terms of Service (available here) or Membership Terms (available here), such suspension or termination will automatically suspend or terminate your access to all Clubs, Club Content and Events. If we suspend or terminate your pass to a Club for any reason except your breach of these Club Pass Terms of Use or our General Terms of Service or Membership Terms, we will refund any Pass Fees that relate to the period after the date the termination takes effect, or we will suspend payment under your payment plan until your pass to the Club is reinstated (as applicable). We don’t need to give you notice before we exercise our rights under this Clause 7(a), but we might choose to give you a warning.

b. Our rights to cancel an Event. Sometimes we or a Creator might need to cancel or reschedule an Event. We and the Creator may notify you that an Event needs to be cancelled or rescheduled at any time before the scheduled Event time. You will not be charged for any Events cancelled by us or an Creator, or cancelled by you if we notified you that the Event needed to be rescheduled, and we will reimburse you for any Event Fees paid using the same method you used to pay for your Event.

8.Intellectual Property Rights

a. Service Content, Software and Trademarks. You acknowledge and agree that Clubs (including any Club Content or Events) may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by The Stack or the relevant Creator, you agree not to modify, copy, reverse engineer, reverse assemble or otherwise attempt to discover any source code in any Club or Club Content, or to frame, scrape, rent, lease, loan, sell, assign, sublicense, distribute or create derivative works based on, or otherwise transfer any right or interest in any Club or Club Content, in whole or in part. In connection with your access to or use of any Club, Event or Club Content you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by The Stack from accessing the any Club, Club Content or Events (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any access to or use of any Club, Event or Club Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying any Club or Club Content or distributed in connection therewith are the property of The Stack, the relevant Creators, or its or our affiliates and licensors. Any rights not expressly granted herein are reserved by The Stack or the Creators (as applicable).

b. Your Contributions. Any comments, information or other data or material (including reviews) that you submit to a Club and/or Event (“Contributions”) (including via any chat functionality, or posted on a Club wall) will be considered non-confidential and non-proprietary. If any such materials are protected by intellectual property rights, you grant us and the relevant Creators a perpetual, irrevocable, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose them to third parties for any purpose related to our or their business. You must not submit or upload any Contributions that (i) infringe the intellectual property rights or other rights of any other person; (ii) are made in breach of any legal duty owed to a third party; (iii) are threatening, abusive or invade another’s privacy; (iv) contain any sexually explicit or pornographic material or are likely to harass, upset, embarrass, offend, alarm or annoy any other person; (v) encourage any act or activity that could be harmful to the health or well-being of anyone or which raises any clinical safety concerns; (vi) breach any duty of confidentiality you owe to another person, or the terms of any contract or arrangement you have with another person; (vii) are used to impersonate anyone, or to misrepresent your identity or affiliation with any person; or (viii) give the impression that the Contribution has been created or made available by The Stack and/or any other person.

9.Our Liability to You.

a. Liability which we do not exclude or limit. Nothing in these Club Pass Terms of Use will limit or exclude our liability to you for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability which cannot be limited or excluded by law. If you are a consumer, you have legal rights in relation to services that are not performed with reasonable care and skill or are otherwise not as described. Advice about your legal rights is available from the Citizens Advice website. Nothing in these Club Pass Terms of Use will affect your rights at law.

b. Limitation of Liability. To the extent we are allowed under applicable law to limit our liability to you, then our liability to you arising under or in connection with these Club Pass Terms of Use and any Clubs, Club Content or Events, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to £50.

c. Losses we are not liable for. We will not be liable whether in contract, tort (including negligence), breach of statutory duty or otherwise (to the maximum extent permitted by applicable law) for: (i) any direct or indirect economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings); (ii) any loss of goodwill or reputation; or (iii) any special, incidental or consequential loss or damage, suffered or incurred arising out of or in connection with your access to or use or membership of any Club or Club Content, or attendance at any Event (which includes without limitation any errors or omissions contained in any Club Content, any Club, Event or Club Content is unavailable, any Event is not held, or if changes have made to the content of a Club, Club Content or Event by unauthorised third parties).

d. Events Outside our Control. We will not be liable for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, pandemics, epidemics, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

e. Disclaimer: To the extent permitted by law, all Clubs, Club Content and Events and any information, materials, content or advice given on or through any Clubs, Club Content and Events, whether written, stated or implied, is for information purposes only and is provided “as is” and “as available” and without warranty of any kind by The Stack. The Club Content and any information provided in connection with the Clubs, Club Content and Events is provided solely by Creators, and is not independently verified by The Stack. You acknowledge and agree that information, materials advice and content made available on or through the Clubs, Club Content and Events is provided for general information purposes only and should not be relied on. You agree that you must evaluate, and bear all risks associated with, the use of any information, content or advice appearing on or through the Clubs, Club Content and Events, including any reliance on the accuracy, completeness, or usefulness of such content.

f. Creators. We have taken steps to verify the credentials of Creators whose Clubs, Club Content and Events you can access and use via The Stack World. We make efforts to verify but cannot warrant or guarantee any Creator’s purported identity or credentials. For these reasons, we cannot and do not represent, warrant or guarantee the accuracy of the credentials or the identities of the Creators. You acknowledge and agree that The Stack is not responsible for, and will not be liable for, any loss or damage caused by your reliance on any advice, information, instructions, materials or content provided by or in connection with any Creator, Clubs, Club Content and Events. To the extent permitted by law, your sole recourse in connection with any Clubs, Club Content and Event is against the relevant Creator. If there are any issues with any Creator, Clubs, Club Content and / or Events, or any services provided by a Creator, you should contact the Creator directly.

g. Availability: While we do our best to avoid interruptions or unavailability of Clubs, Club Content, and Events, we cannot guarantee that the Clubs, Club Content or Events will always be available, uninterrupted or error free. h. Viruses and Harmful Code: We do not guarantee that the Clubs, Club Content or Events will be secure or free from harmful code, viruses or bugs. You must not knowingly introduce to any Clubs, Club Content or Events any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any Clubs, Club Content or Events, the server on which any Clubs, Club Content or Events are hosted, or any server, computer or database connected to any Clubs, Club Content or Events. You must not attack any Clubs, Club Content or Events via a denial of service attack or a distributed denial of service attack.

i. Third Party Material. All Club Content and information, materials and advice provided in connection with Clubs and Events is third party material. We therefore exclude any warranties, undertakings, or representations (either express or implied) to the fullest extent permitted under applicable law, that the Club Content and information, materials and advice provided in connection with Clubs and Events is accurate, true, safe, or approved or verified by any regulatory body or medical institution or authority. Under no circumstances will The Stack be liable in any way for any Club Content or for any information, advice, content or materials provided in connection with any Clubs or Events, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that The Stack does not pre-screen or independently verify Club Content or any information, materials and advice provided in connection with Clubs and Events, but that The Stack and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Club Content or any information, materials and advice provided in connection with Clubs and Events.

j. Third Party Websites. Clubs and Club Content may provide links or other access to other sites and resources on the Internet. The Stack has no control over such sites and resources and The Stack is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that The Stack will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Site or the Services are between you and the third party, and you agree that The Stack is not liable for any loss or claim that you may have against any such third party.

k. Data Protection. We process your personal data in accordance with our Privacy Policy which can be found here.

10.Your Responsibilities.

a. Warranty. By joining, accessing and using Clubs, Club Content and Events, you warrant that any information you provide, whether to us or a Creator, is true and accurate, is not misleading, and is offered in good faith. You may only join, access and use Clubs, Club Content and Events for your own private use, and not for any commercial, business or resale purposes.

b. Indemnity. You agree to indemnify and keep indemnified The on demand from and against all losses, liabilities, damages, costs and expenses incurred or suffered by The Stack arising out of or in connection with: (a) any claim by a third party in connection with your Contributions, your membership of a Club, access to Club Content or attendance at any Events; (b) breach by you of any provisions of these Club Pas Terms of Use or any applicable law; and (c) any negligent or other wrongful act or omission by the Creator or its employees, directors, contractors, agents or representatives by you.

11.General

a. Each party agrees to receive electronically all communications and notices that the other party provides in connection with these Club Pass Terms of Use, including via email, or by posting notices or communicating via the App or the Site.

b. You may not, except with the prior written consent of The Stack, assign any of you rights under these Club Pass Terms of Use; or transfer or subcontract any or all of your obligations under these Club Pass Terms of Use. Any purported assignment or transfer in contravention of this Clause 11(c) will be ineffective. Nothing in these Club Pass Terms of Use shall render you an employee, worker, agent or partner of The Stack or the Creator and you shall not hold yourself out as such. No party will have any authority to make any commitments on another party’s behalf.

c. Nothing in these Club Pass Terms of Use confers any right on any person (other than the parties) pursuant to the Contracts (Rights of Third Parties) Act 1999, or otherwise.

d. Each party warrants and undertakes that it has not done, and in performing its obligations under these Club Pass Terms of Use, shall not do, any act or thing that contravenes Anti-Bribery Law and shall immediately inform the other in writing on becoming aware of, or suspecting, any failure to comply with this Clause 12.4.

e. These Club Pass Terms of Use contain the entire agreement between the parties with respect to its subject matter and will inure to the benefit of, and will be binding on, the parties and their respective successors and assigns.

f. These Club Pass Terms of Use and any Dispute or claim arising out of or in connection with them or their subject matter, whether of a contractual or non-contractual nature, will be governed by and construed in accordance with the laws of England. The parties irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any Dispute arising out of or in connection with these Club Pass Terms of Use.

g. These Club Pass Terms of Use may be executed in any number of counterparts, each of which will constitute an original, and all the counterparts will together constitute one and the same agreement.

h. Each party must at its own cost execute any additional documents and do or procure that any other acts or things are done from time to time to give full effect to these Club Pass Terms of Use and secure to the other party the full benefit of the rights, powers, privileges and remedies conferred upon the other party in these Club Pass Terms of Use.

i. If any provision of these Club Pass Terms of Use is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these Club Pass Terms of Use will remain in full force and effect and will not in any way be impaired. If any provision of these Club Pass Terms of Use is held to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, or the period of the obligation reduced in time, or the range of activities or area covered reduced in scope the provision in question will apply with the minimum modifications necessary to make it valid and enforceable.

j. Any omission to exercise, or delay in exercising, any right or remedy under these Club Pass Terms of Use will not constitute a waiver of that, or any other, right or remedy. The waiver by any party to these Club Pass Terms of Use of its rights or remedies arising under these Club Pass Terms of Use or by law will not constitute a continuing waiver of that right or remedy or a waiver of any right or remedy.

General Terms of Use

All Terms and Conditions set out below forms the contract between you, The Stack and Beautystack Limited with respect to your access to and use of The Stack.

Beautystack’s Terms and Conditions (these “Terms”). This is a contract between you and Beautystack Limited and we want you to be aware of yours and our rights before you use the Beautystack application (“App”). Please take some time to read these Terms before enjoying the App, because once you access, view or use the App, you will be legally bound by these Terms!

Beautystack Rules

Before you can use our App, you will need to register for an account (“Account”). In order to create an Account you must: be at least 16 years old; and be legally permitted to use the App in your country. If you create an Account using Facebook, we may access, display and use certain information from your Facebook account (e.g. profile pictures, relationship status, location and information about Facebook friends). For more information about what information we use and how we use it, please check out our Privacy Policy.

You cannot use another beauty pros Account without her permission. We hope you love the community of beauty junkies on Beautystack, but if you want to leave (sob), you can delete your Account at any time by going to the ‘Settings’ cog on the profile screen of your Account when you are logged in, and clicking on the ‘Delete account’ link. Your Account will be deleted immediately but it may take a little while for Beauty Professionals Content to be completely removed from the App. We will save your profile information in case you realise you miss us and you decide to restore your Account (which you can do within 90 days of de-activating your Account). Beautystack Limited reserves the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.

Types of Content

There are three types of content that you will be able to access on the App: content that Beauty Pros upload and provide (“Beauty Professionals Content”); content that Clients provide (“Client Content”); and content that Beautystack Limited provide (“Our Content”)

We don't allow certain content on Beautystack

We want our beauty pros to freely communicate on Beautystack, but we have to impose restrictions on certain content that: contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person; is obscene, pornographic or otherwise may offend human dignity; is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry; encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence; is defamatory or libellous; involves the transmission of “junk” mail or “spam”; contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Beautystack or otherwise; itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights); shows another person which was created or distributed without that person’s consent.

We operate a zero-tolerance policy for this kind of content! Don’t use other Beauty Pro’s work without their permission or credit.

Beauty Professional Content

As Beauty Professionals Content is created by you, you are responsible and liable for Beauty Professionals Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Beauty Professionals Content. You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances. Beautystack is a public community, so Beauty Professionals Content will be visible to other users of the App all around the world. Please make sure you are comfortable sharing Beauty Professionals Content before you post it, particularly insofar as it relates to Clients. As such, you agree that Beauty Professionals Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App. By uploading Beauty Professionals Content on Beautystack, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Beauty Professionals Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general publish such Content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign and/or sub-licence the above licence to our affiliates and successors without any further approval by you. We have the right to remove, edit, limit or block access to any of Beauty Professionals Content at any time, and we have no obligation to display or review Beauty Professionals Content.

Client Content

Clients of Beautystack will also share content via the App. Client Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Client Content. You do not have any rights in relation to other users’ Client Content, and you may only use other Beautystack users’ personal information to the extent that your use of it matches Beautystack’s purpose of allowing people to connect with one another. You may not use other users’ information to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.

Our Content

The rest of the content on Beautystack belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Beautystack are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times. We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:

  • you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
  • you shall not use our name in metatags, keywords and/or hidden text;
  • you shall not copy or create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
  • you shall use Our Content for lawful purposes only.

We reserve all other rights.

Restriction on the App

We don’t tolerate bad behaviour on Beautystack. You can report any abuse or complain about Client Content by contacting us, outlining the abuse and/or complaint. Email us at hello@beautystack.com. We also want our users to respect Beautystack. Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.

Privacy

For information about how Beautystack Limited collects, uses, and shares your personal data, please check out our Privacy Policy. By using Beautystack, you agree that we can use such data in accordance with our Privacy Policy.

Third Party Stores; In-app Purchases

The Service may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google, Stripe etc. (each, a “Third Party Platform”) and may require that you be a registered Client of such Third Party Platforms and provide certain account credentials and other information in order to access the App. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g. Facebook’s Terms of Use, iTunes Store Terms of Use, etc.).

Push Notifications; Location based Features

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Beautystack services, such as enhancements, offers, products, events, and other promotions. After using the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at hello@Beautystack.com The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your browsing device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.

Disclaimer

TO THE EXTENT PERMITTED BY LAW, THE APP, SITE, OUR CONTENT, AND CLIENT CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY CLIENT CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. TO THE EXTENT PERMITTED BY LAW, YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER CLIENTS. BEAUTYSTACK LIMITED IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER.

TO THE EXTENT PERMITTED BY LAW, NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY LOSS, COSTS, DAMAGES OR LIABILITY, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY CLIENT CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT OUR LIABILITY WHERE IT WOULD BE UNLAWFUL TO DO SO. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

If you are a consumer in the EU or UK, you have certain rights under law and nothing in these Terms can, or is intended to, limit or remove these rights. For consumers based in the UK advice about your consumer rights is available from any local Citizens' Advice Bureau or local Trading Standards office.

Indemnity

All the actions you make and information you post on Beautystack remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: any negligent acts, omissions or wilful misconduct by you; your access to and use of the App; the uploading or submission of Content to the App by you; any breach of these Terms by you; and/or your violation of any law or of any rights of any third party. We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.

Membership Service

If you use our Membership Service, the Membership Terms will apply in addition to these Terms.

Miscellaneous

These Terms, which we may amend from time to time, constitute the entire agreement between you and Beautystack Limited. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent Misrepresentation. Beautystack Limited has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on the App and the Beautystack site and provides that information on an “as is”, “as available” basis. To the extent permitted by law, Beautystack Limited does not give or make any warranty or representation of any kind about the information contained on the Beautystack site or the App, whether express or implied. To the extent permitted by law, use of the Beautystack Site, the App and the materials available on them is at your sole risk. Beautystack Limited cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content.

You are responsible for taking all necessary precautions to ensure that any material you may obtain from Beautystack is free of viruses or other harmful components. You accept that the Beautystack App and the Site will not be provided uninterrupted or error free, that defects may not be corrected or that Beautystack Limited, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Beautystack Limited is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

As Beautystack grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.

Your continued use of the Beautystack site or the App following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using the Beautystack site and the App immediately.

If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

The Beautystack site and the App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

About Us

Access to the Beautystack site, the App, Beauty Professional Content, Our Content, and any Client Content, as well as these Terms are governed and interpreted by the laws of England and Wales. By using the Beautystack site and the App, you are consenting to the exclusive jurisdiction of the courts of England and Wales, provided that if you are a consumer in another country in the United Kingdom or European Union, nothing in these Terms prevents you from bringing legal proceedings in the courts of the country in which you live. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.

The Stack is a publishing and membership service trading as part of Beautystack Limited. Beautystack Limited is registered in the United Kingdom under company number 10736703. Our registered address is 65 Goswell Road, London, England, EC1V 7PD

The terms were last updated on: 5th January 2022