Consumer Terms and Conditions

Welcome to our website! This service is operated by Phorest.

nDevor Systems Ltd. (reg. no. 369210) having its registered address at 9 Anglesea Row, Dublin 7, Ireland (trading as PHOREST under registered business name no. 241895) provides an online booking software service to salons, spas, barbers and other personal service providers. Please read these terms and conditions carefully before using the service. This is a legal agreement between you, the "user" and Phorest Online Booking Services for all parts of the online booking service. References to "services provider" or "third parties" means the business that you book a service with, for example a salon, spa, barber, or any other type of personal services business.

To use this website you must fully accept these terms of use (the "terms") without changes, and you agree to use this website according to these terms. These terms are the entire agreement between you and Phorest. If you do not read or accept these terms, do not use this website.

 

Contents

1. Limitation of liability

2. Making a booking

3. Cancellation policy

4. Gift vouchers

5. Stored payment methods

6. Reviews

7. General

8. Privacy

Limitation of liability

Neither Phorest nor any third parties give any guarantee that the information on this website will be error free. By using this website you understand that the information may contain errors and we do not accept liability for these errors, to the amount that is allowed by law.

All bookings for services on this website are made with the service provider and not with Phorest. Phorest only facilitates booking with the service provider. The contract is between you and the service provider and Phorest is not part of that agreement, and therefore Phorest has no direct or indirect responsibility in that contract. Before making a booking, you need to check that you agree with the service provider's terms and conditions.

Phorest, its Directors, employees, affiliates or other representatives will not be liable for any claims, emergencies, demands, causes of action, damages, losses or expenses including solicitor fees and costs in connection with the use of your personal information in accordance with this privacy policy and your consent.

Phorest tries to make sure that the services listed are of reasonable standard, but the listing of services on this website is not a recommendation from Phorest, or that the services will be suitable for the user. Phorest will not be liable to you if the services are not suitable to you. Your use or any information on this website is totally your own risk, for which we will not be liable. It is your own responsibility to make sure that any products, services or information available through this website meet your specific needs.

No unlawful or prohibited use

By using this website you confirm to Phorest that you will not use this website for any purpose that is against the law or not allowed by these terms.

Links to third party sites

This website may contain hyperlinks to websites operated by parties other than Phorest. These hyperlinks are provided for your reference only. Phorest does not control those websites and is not responsible for their contents. By having hyperlinks on this website to other websites does not mean we endorse the material on those websites or that we have any association with the website operators.

Making a booking

The following conditions apply to bookings of services made by you through this website.

When booking a third party's services through Phorest you may be required to pay a reservation fee/deposit using either a credit or a debit card or other payment method. Phorest uses a third party payment gateway to process this payment.

Group bookings

You may make a reservation on behalf of a group. In this case the contractual relationship for the service provider and Phorest remains with you.

Responsibility of accuracy of information to service providers

Services and treatments are carried out by trusted third parties who are the services providers. When making a reservation, it is your responsibility to tell the service providers directly about any physical or mental condition that you have and that may require special facilities.

Cancellation policy

Users may cancel bookings, subject to the cancellation being made prior to the cancellation period as defined by the service provider at the time of booking, and any reservation fees/deposits may be refunded to the card used at the time of booking, subject to Phorest's and the salon's discretion.

A salon may, at its discretion, choose to keep some or all of the deposit paid, or a value up to and including the full value of the service booked if the appointment is cancelled.

A cancellation of an appointment after the cancellation period has expired will result in loss of the reservation fee/deposit. The amount lost depends on the total cost of your booking but will be no more than the amount initially charged. If the service provider unilaterally cancels the whole booking the reservation fee/deposit may be credited back to the card used at the time of booking. If the services provider only partially cancels a booking, your reservation/deposit fee will not change.

If an appointment has not been cancelled before the applicable cancellation period, the salon reserves the right to charge users the balance of the appointment cost (i.e. the payment due in the salon which equals the total cost of the appointment minus the reservation fee/deposit paid).

If you fail to arrive by your agreed appointment time, you authorise the services provider to charge to your credit card or debit card or other payment method without further reference to you an amount lower or equal to your total booking value (less any deposit fee/reservation paid) or an amount that might be set out in the service provider's terms and conditions.

In the case of group bookings if any part of your group fail to arrive by the agreed appointment time, you authorise the service provider to charge to your credit card or debit card or other payment method an amount lower or equal to the booking value for the persons that have not arrived on time (less any deposit fee/reservation paid) or an amount that might be set out in the service provider's terms and conditions.

Phorest does not accept responsibility for cancellations by the user or by the services provider regardless of the circumstances in which the cancellation is made. Phorest shall not accept any liability for losses, additional expenses or any claim whatsoever due to changes in salon services, sickness, weather, strikes or any other cause. All such losses, additional expenses or claims will be borne by you unless otherwise agreed between you and the service provider.

When a reservation is confirmed

Phorest does not accept responsibility for cancellations by the user or by the services provider. Phorest does not accept any liability for losses, additional expenses or any claim because of changes in salon services, sickness, weather, strikes or any other cause. All losses, extra fees or claims will be your responsibility unless otherwise agreed between you and the service provider.

Gift vouchers

• Gift vouchers purchased may only be redeemed in the business(s) of purchase.

• Gift vouchers may be partially redeemed and the balance used at a later date, provided before expiry.

• Gift vouchers may be redeemed alongside cash and / or other accepted payment methods.

• Gift voucher expiry: Please note that gift vouchers are subject to legal limits in several jurisdictions, in general built to ensure that consumers can use their gift vouchers for prescribed and lengthy periods after purchase. Your service provider may also offer additional protection for the lifetime of the gift voucher, or an agreed period where no legal limit applies. Please check your gift voucher for an expiry date, or contact your service provider for further information.

• In case of payment by credit card or other accepted payment methods, the contract is already concluded with the payment instruction by the customer.

• The voucher will be directly delivered by email to the specified recipient’s email address after the payment concludes, in a printable or presentable format containing details of the voucher amount, the voucher ID, an optional personal note, a barcode, the validity period, and contact details of the service provider it can be redeemed at.

• Gift vouchers cannot be exchanged for cash.

Stored payment methods

General

You agree and acknowledge that Phorest may collect, use and disclose the Payment Methods (defined below) which you provide to Phorest in accordance with these terms and conditions (Terms and Conditions).

Phorest Stored Payment Method is the digital data repository used by Phorest to store Stored Payment Methods (defined below).

Collection of details

Phorest collects payment details (including, but not limited to, the details of any bank account, credit card, debit card or email address associated with any payment account) (Payment Methods) from you when you make a payment to, or request a refund from, a Phorest accepted payment option (including by phone, online, PayPal, under an SMS Pay arrangement or Direct Debit arrangement or such other payment option approved by Phorest from time to time) (Payment Option).

You agree that any payment method you provide to Phorest will be available to Phorest to use in accordance with your authorisation and the privacy section below.

Secure storage of payment methods

The relevant payment method (which is tokenised in the case of credit and debit card details) and the Payment Option (including any standing authority) used to make a payment to Phorest are stored by Phorest or its payment partners (Stored Payment Methods).

All stored payment methods will be held securely by Phorest or its payments partners and, if required, stored by Phorest or its payment partners in accordance with Payment Card Industry Data Security Standard (PCI DSS) information security standard requirements and otherwise as required by law.

Usage of stored payment methods

Stored Payment Methods can be used by Phorest and you to make any payments to Phorest for products and services offered by Phorest using any Payment Option authorised by you. No payment will be processed without your authorisation.

Phorest will continue to use your Stored Payment Methods for payments authorised by you until you advise us of any change to those Stored Payment Methods or your payment arrangement with Phorest is terminated in accordance with the relevant terms and conditions that apply.

If your payment method is a credit card or debit card, you authorise Phorest to request payment from your nominated card account, using your current card and any replacement or substitute of that card from time to time. If your credit card or debit card has reached its expiry date, you should provide Phorest with your new details at least three business days prior to the next payment.

Phorest reserves the right to charge a payment processing fee for the use of a particular payment option. Bank transaction fees and Government taxes may also apply.

Any credit or refund made to you by Phorest may be refunded using your Stored Payment Methods.

Your Stored Payment Methods, including details of your current Payment Options, may also be used in connection with any Phorest products and services that we provide to you.

Disclosure of stored payment methods

Any stored payment methods will not be disclosed to any third party, except in accordance with these Terms and Conditions.

Stored payment methods used to make a payment, credit or refund will be disclosed by Phorest to relevant financial institutions and payment service providers for the purposes of: facilitating that payment, credit or refund; and complying with PCI DSS information security standard requirements.

Stored payment methods may be disclosed to people and organisations that help Phorest with our business, such as payment service providers, professional advisors, IT support, and corporate and administrative services including mercantile agents (including debt collectors) and debt buyers. We only do this where it is necessary to disclose that information in order for those services to be provided to Phorest.

Stored payment methods may also be disclosed by Phorest to comply with any applicable provisions of any legislation, including without limitation, any privacy legislation.

Verification of payment methods

When requested by Phorest, you agree to provide to Phorest information, including but not limited to, certified identification documents, bank statements and other documents in order for Phorest to:

• Verify (or further verify) your identity.

• Verify information in connection with a bank account used to make a payment.

• Verify information in connection with a non-bank account Payment Option used to make a payment.

• Verify where any payment to Phorest originated.

Phorest may confirm directly with the financial institutions and payment service providers that supplied the payment option used by you to make a payment, that the payment method(s) provided by you is valid and correct. Until Phorest is satisfied that the verification information provided above is true, accurate and complete, Phorest reserves the right to refuse any payments, and refund any payment at its discretion should it deem any payment to be (or likely to be) unauthorised or made by a person other than you.

Phorest may refuse to accept a payment made using any payment option in its absolute discretion including, but not limited to, circumstances where the relevant payment option has been dishonoured in connection with a previous payment.

Changing or removing stored payment methods

You may change or remove any of your stored payment methods at any time. If you wish to change or remove any of your stored payment methods you must notify Phorest by contacting our Customer Support team or such other methods as made available by Phorest from time to time. Any future payments that are yet to be processed using your stored payment method may be cancelled upon the removal of the Stored Payment Method.

Reviews

You may receive an email after a completed appointment with a service provider asking you if you wish to leave a review. When you leave a review the information will be submitted to the services provider and Phorest. This information will be stored securely. If you choose to leave a review, you agree that Phorest or the service provider can publish your review. If Phorest or the service provider choose to publish your review only your first name will be published. The service provider or Phorest will not be held responsible for any wording by you in the review that might reveal your identity.

General

These Terms and your use of this website are governed by the laws of the Republic of Ireland. You hereby consent to the exclusive jurisdiction of the Republic of Ireland courts in all disputes arising out of or relating to the use of this website each time you access the website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions including without limitation this paragraph.

Should you have any questions, please contact Phorest, Anglesea Mills, 9 Anglesea Row, Off Little Britain Street, Dublin 7, D07 F8PY, Republic of Ireland; or email us on support@phorest.com.

Copyright, notice and limited licence

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Any persons breaching any of this provision will be prosecuted.

Automatic collection of information/cookies

Phorest's website's server, or the servers of companies that are used to operate this site, may place a "cookie" on your computer in order to allow you to use the website and to personalise your experience. A "cookie" is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer's hard drive. Cookies allow us to recognize your computer while you are on our website and help customise your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users,tracking transaction histories and preserving information between sessions. The information collected from cookies may also be used to improve the functionality of the website.

Most web browser applications have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, you may not be able to use certain personalised functions of this website.

Modification of these terms and conditions

Phorest reserves the right to change these Terms as well as the contents of this website for any reason and without notice, and without liability to you, any other user or any third party. This right shall not affect the Terms accepted by you upon making a legitimate reservation or purchase using this website. You should check these Terms for any changes each time you access the website. Where we make changes to the way we use either your private information or stored payment details we will let you know of these changes as soon as required by law.

Disclaimer

All use by you of Phorest's services is at your own risk. You assume complete responsibility for and for all risk or loss resulting from your downloading and/or use of or referring to or relying on information, products, services or materials provided on this website. You agree that Phorest and the providers of telecommunications and network services to Phorest will not be liable for damages arising after your use or inability to use this website and you hereby waive all claims with respect thereto whether based on contract, tort or other grounds.

This website is available to all users "as is". Phorest makes no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. Phorest accepts no liability for any infection by computer virus, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond its control, which corrupts or affects the administration, security, fairness and the integrity or proper conduct of any aspect of this website.

To the greatest extent permitted by applicable law, all representations, warranties and conditions, whether express or implied, statutory or otherwise are hereby excluded, including without limitation representations, warranties or undertakings about any of the services, information and/or materials on this website, including without limitation, their accuracy, their completeness or the merchantability, quality or fitness for a particular purpose.

Privacy

The information about the collection, use and disclosure of personal information (including Payment Methods) in this clause should be read in conjunction with Phorest's Privacy Policy (Please click the following link to see Phorest’s Online Booking Privacy Notice) which contains more detailed information about how your personal information is processed.

You consent to Phorest collecting and handling your personal information (including Payment Methods) in accordance with Phorest's Privacy Policy or otherwise as authorised or required by law, or as consented to by you. Collection of this information is required to deliver the specific services, but use of these services is voluntary.

Details of your personal information, including Payment Methods (which are tokenised in the case of credit and debit cards), may also be used/disclosed by Phorest in connection with the payment of any products and services that Phorest makes available to you.