Ayadi Limited Website & Services Use T&C
Ayadi Limited (“Ayadi”, “we”, “us”) is a company incorporated in England and Wales, with company number 12417851 and with our registered office at 30 Binney Street, Mayfair, London, England, W1K 5BW
We may update or revise this Agreement from time to time. If you do not agree to any modified, revised or updated version of this Agreement, you must discontinue your use of the Member Services. By continuing to use the Member Services, you indicate your agreement to these terms.
By using and/or becoming a registered user of the Member Services, you confirm that you are at least 18 years old.
Ayadi’s Web application allows individual customers (“Customers”) to post requests for health and beauty related services (“Jobs”) for the attention of professional providers of such services (“Professionals”), who may then respond to Customers’ Job requests if they are willing to undertake the Job in question. As a Ayadi Customer, you can request a Job from the available selection on the Ayadi app. Ayadi will assign a Provider (“Therapist”) to the Job and the Provider will normally be available within one hour. We provide an estimate of the arrival time at the time of requesting the job; this time is only indicative and may vary.
The services to be delivered by Ayadi as described herein (the “Member Services”) may be provided to Customers and Professionals (collectively, “Users”/”you”) Ayadi’s website, http://www.ayaditherapy.com (the “Site”) provides information about Ayadi and the booking system to Customers and allows Customers to sign up to receive news and information from Ayadi in relation to the Member Services. Professionals may use the Site to apply to become registered Ayadi Professionals (“Therapists”) in order to receive requests for Jobs and engage in the Member Services.
You acknowledge and agree that Ayadi acts as an agent only and is not a party to any contract between Customers and Professionals in relation to Jobs. No contract exists between Ayadi and the Professionals and or between Ayadi and the client. Ayadi is not an employment agency or contract agency and has no control (whether express or implied) over the conduct and suitability of Customers and Providers to request or complete the Services, and that the satisfactory completion of a service is solely determined between parties. It is a condition of use of the Services that the parties acknowledge they have complete control over their own conduct and the outcome of the services, and Ayadi disclaims to the fullest extent possible all liability in this regard.
“Account” means registering with Ayadi via booking system for Customers, and via the website for Professionals, by providing certain mandatory and voluntary information including but not limited to name, address, mobile and telephone number.
“Business Account” means a User account in which business information, such as company registration and VAT details are provided.
“Commission” means the money that is earned by Ayadi for introducing Customers and Providers and payable by the Providers to Ayadi after a Job has been completed.
“Dispute” means a disagreement between the Customer and Provider as to whether a Job has been satisfactorily completed.
“Job” means the service requested by the Customer.
“Parties” means collectively the Customer and the Provider.
“Payment Service” means any payment providers.
“Promocode” means an offer by way of a one time use discount code that the Customer enters into the booking system.
“Provider” means a health and beauty professional who has been on-boarded and is agreeing to perform the services requested through the Ayadi booking system.
“Provider On-Boarding” means the process of selecting, approving and training Providers to do Ayadi Jobs.
“Therapist” means a health and beauty professional who has been on-boarded, professionally vetted by Ayadi team, and is agreeing to perform the services requested through the Ayadi booking system.
“Services” means the Jobs that are requested by the Customers via the Ayadi booking system and responded to by Providers.
“Tax” means any and all statutory deductions due as a result of the financial transaction between a Provider and a Customer.
“User” means an individual or a business that completes the Ayadi registration process. Such a user may be a Customer or a Provider or both.
“User Content” means information that a User provides about themselves, their profile or the details of a Job.
These Key Terms will have the same meaning whether they appear in the singular, plural, masculine or feminine or as the context requires.
ELIGIBILITY AND RESPONSIBILITY
We reserve the right to refuse to provide the Services to any individual, business or other entity at any time without explanation. Whilst Ayadi takes reasonable care in screening Providers, and securing the safety of our registered Therapists, you are solely responsible for taking appropriate safety precautions in connection with your use of the applications and performing of Services.
USE OF SERVICES
As a User of the Services you agree to the following:
- To register and create Account for your personal or business use only. You may not authorise others to use your Account and you may not assign or transfer your Account to any other person or entity. You may register only one Account. You are responsible for keeping any registration details confidential including your password. You acknowledge that Ayadi is not responsible for any third party access to your Account and the consequences thereof, howsoever caused.
- You assume all risk when using the Services, including, but not limited to, any risks associated carrying out or receiving the Services. You acknowledge that Ayadi does not guarantee the accuracy of information provided to you by other people and that you should confirm such information to your own satisfaction before you engage with them.
- You will not use the Services, or engage in any activity on the Ayadi website and/or booking system, in any way that:
- Violates any local, national, or other laws or regulations or any order of a court of relevant jurisdiction.
- Uses any software, devices, scripts, robots or other means to access, scrape, crawl or spider any web pages or other of the Services.
- Uses the Ayadi website and/or mobile applications for any commercial or other purposes that are not permitted in these Terms, without Ayadi’s specific written authority to do so.
- Infringes the rights of any person or entity, including their intellectual property, copyright, privacy or contractual rights.
- Distributes unsolicited material or advertisements.
- Is intended to harass, annoy, threaten, or intimate any other Users or people connected to Ayadi in any way.
- Promotes racism, bigotry, hatred, or physical harm of any kind or any similar activities.
- Is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit or otherwise objectionable or any similar activities.
- Contains video, audio, photographs, or images of another person without their permission (or in the case of a minor, the permission of the minor’s legal guardian).
- Promotes or enables illegal or unlawful activities or any similar activities.
- Is intended to deceive, defraud, or swindle other Users of the Services or Ayadi itself.
- Is intended to damage or interfere with the operation of the Services, including but not limited to the introduction of viruses, time-bombs, Trojan horses, cancelbots, worms, or other harmful or disruptive codes, components, or devices or any similar activities.
- Promotes, supports, or solicits involvement in a political platform, religion, cult or sect or any similar activities.
- Is in any way used in connection with spamming, spimming, phishing, trolling or any similar activities.
- Is intended to damage or interfere with the operation of the Site, the App or any other aspect of the Member Services, including but not limited to the introduction of viruses, time-bombs, Trojan horses, cancelbots, worms, or other harmful or disruptive codes, components or devices or any similar activities.
Any breach of these provisions means the contract created by these terms shall be terminated at once.
ACCOUNTS AND REGISTRATION
In order to receive the Member Services (and, in the case of Customers, any services from Professionals) you will first need to create an Ayadi account (an “Account”). This is done directly with the Ayadi mobile app, or on the website www.ayaditherapy.com. The customer app is available for free download from the Apple app store. The Provider (Therapist) app is also available for free download from the Apple app store, but can only be activated once a Provider has been on-boarded successfully. Setting up an Account will require you to provide information which may include your mobile phone number, address and card/payment details, and, in the case of Professionals such information may also include professional qualifications, right of work in the UK, proof of necessary liability insurance, photograph and personal details. It is a condition of registering with Ayadi as a Provider that you hold a UK bank or building society account into which payments from Ayadi will be made. You hereby agree only to provide information which is true, complete, and accurate and to update it as necessary to keep the information current. We may reject the creation of an Account at our absolute discretion.
An Account is meant for use only by you (the individual User) and you are fully responsible for maintaining the confidentiality of all password and Account details, and for all activities that occur under your password or Account (including where the Account is used by another person), unless these activities arise due to our negligence or breach of these terms by us.
The General Data Protection Regulation also grants you the rights : to know about and access the information we hold about you, to request changes to your personal information if it is erroneous or misrepresents you in any way and to request a copy of your personal data, ask that we restrict the processing of your personal data, or to have us completely erase it by clicking here.
You accept responsibility for all reasonable and foreseeable losses which Ayadi suffers as a result of a breach by you of these terms or your negligence when using the Member Services (including deliberately or negligently allowing others to use your Account).
You may cancel your Ayadi Account at any time by giving us notice at email@example.com . Unless otherwise stated herein, all Ayadi Services will be cancelled within (7) days of receipt of notice from you.
The Ayadi app functions on iPhone 4S and higher and other smartphones and operating systems as announced from time to time. As a Ayadi Provider you must operate a smartphone with sufficient monthly or unlimited data connection. You must agree to receive notifications and for location services to be on continuously.
For Ayadi Providers we may loan you a smartphone for use exclusively with Ayadi. We will ask you for a deposit for the smartphone, which will be returned to you when we receive back the smartphone in its original packaging, with the originally supplied accessories, the SIM card and in original condition except for minor wear and tear. As a Provider you are responsible for paying any and all associated monthly, or pay as you go usage charges. If you lose or damage the smartphone we provide you are required to repair or replace it at your own expense.
PAYMENT AND PAYMENT SERVICES
The Customer accepts responsibility for paying for any Jobs which are made through the Member Services using his or her account details. By using and/or becoming a registered user of the Member Services, the Customer confirms that he or she has authority to use the payment method or billing account details provided for the purpose of settling any payments due for any purchase made through the Member Services, or that the Customer owes to us.
In order to use the Member Services, a Customer must provide valid information for a valid credit or debit card. Customers may update, add or delete card details at any time by amending the details on their Account.
The debit or credit card details of which have been provided will be charged for the full amount once Ayadi receives confirmation from a Professional (Therapist) that a Job has been completed.
When a Customer Requests a Job we may pre-authorise payment for the value of the Job on the payment card added to the app or take full payment for new customers. This pre-authorisation will be released if the Job is cancelled or at the time of final payment, subject to our cancellation policy charges. We reserve the right to take the pre-authorisation amount in the event the payment for a job is not fully collected and you accept our right to do this.
When a Job is completed Ayadi calculates the final amount to be paid, including applicable discounts. The Customer may release payment or Ayadi may take payment. The Customer agrees to hold sufficient funds in their account to pay the final amount as it becomes due and will not request a Job unless they can pay for it. We may, at our sole discretion, not allow a Customer to request a Job if we are outstanding the payment for a prior Job.
When you are paying for a service by credit or debit card, we will share your payment-related information (such as credit or debit card number, purchase amount, date of purchase, name, email, billing address, phone number, IP, location and other device details and in some cases, your transaction history to authenticate you) with entities we have engaged to process payments and provide similar financial services (for example fraud prevention).
Ayadi does not accept cash payments. All Jobs are requested using a valid payment card and final payment is taken from the card once the Job is completed. Ayadi reserves the right not to accept certain payment cards including, but not limited to, pre-payment cards.
Ayadi Providers are paid direct into a nominated bank account.
Ayadi may use Payment Services at our complete discretion to facilitate payment card processing.
Ayadi will ensure that the Payment Services comply with such financial and other relevant regulations but will not be responsible for the performance of the Payment Services.
Ayadi does not directly hold payment card information.
Ayadi exists to introduce Customers to Professionals, but Professionals are solely responsible for the quality and outcome of the work they do. Professionals are not employed by Ayadi and Ayadi disclaims any liability for the services that the Professionals provide. All Professionals are responsible for their own tax and employment affairs.
We take reasonable steps to check that Professionals are experienced in the services they provide. We check ID, proof of address, certification and right to work and take reasonable steps to determine experience, which may include reference checking and trade tests. A Customer may review the service provided by a Professional at the end of a Job and these reviews may be made available to other Users to provide assurance.
Ayadi cannot accept any liability for the suitability of the Provider to do Jobs or the quality of the outcome. Any dispute as to the quality, suitability or any other aspect of the service provided by a Professional must be resolved between the relevant Customer and the Professional. Customers understand that their use of the services provided by Professionals is entirely at the Customer’s own risk and Ayadi will not be responsible for any damage or losses arising out of the provision of such services.
As a Ayadi Provider you will be assigned Jobs that have been Posted by Customers when you are online and available for work, in areas you have designated for your coverage. You warrant that in accepting a Job you will complete the Job as specified, to the standards and timescales agreed with the Customer.
Payments, Commissions and Pricing
A Job is requested at a pre-determined price. Ayadi receives a payment/commission for the introduction, management and delivery of the service by a professional to a Customer. The level of this payment will be calculated as a percentage/fixed price of the Job and Ayadi reserves the right to vary the level of payment/commission at any time at its sole discretion. The pre-determined price quoted on the mobile app will be deemed to include all payments/commission paid to Ayadi. Ayadi will deduct the amount of such payment/commission from the amount paid by the Customer before passing the remainder on to the Professional.
We reserve the right to change the payment/commission structure at any time. By continuing to use the App and/or the Member Services, you are deemed to consent to any such change.
There is no cancellation fee for cancelling a booking with more than 24 hour notice. Any cancellations with less than 24 hour notice are subject to a fee of 50% of the booking. If a booking is rescheduled with less than 24 hour notice, and subsequently cancelled, it is subject to 50% cancellation fee. Cancelling or rescheduling a booking 6 hours before the appointment time, client no show, or client delayed by more than 20mins, will incur 100% cancellation fee. Reduction in booking value with 24hr notice or less will result in 50% of the cancelled treatments value being charged. Please note that if you book a treatment to the wrong address in your account, our Therapist may, time permitted, travel to the correct address if it is within 15 minutes from the original address, however they’re under no obligation to do so. If they are unable to travel to the new address, because of other bookings, 100% cancellation fee will be charged. If you book the wrong treatment, and upon arrival it is realised that your Therapist is not able to perform the treatment you actually meant to book, 100% cancellation fee will be charged. If you have a pre-existing medical condition which you failed to disclose including, but not limited to: recent operations, open cuts, open wounds, bandaged wounds, skin conditions, bruises, rash, cancer diagnosis, undergoing chemo therapy, pregnancy in first trimester, severe allergies, chronic muscular or neurological illness, etc.; that prevents you from having a treatment, and upon arrival our Therapist discovers this condition which is a contraindication to your treatment, and cannot perform treatment, 100% cancellation fee will be charged. In the event that one of our Therapist is unable to attend a booking due to a medical emergency, we will do our absolute best to re-schedule your appointment, however we cannot offer any compensation for inconvenience caused due to unforeseen medical emergencies.
As a service provider (Therapist), you are not allowed to cancel a job after you have accepted it, unless there is an emergency of some sort preventing you from performing the job. In the case of an emergency, Ayadi will do our best to re-assign your job to another Therapist. If you cancel a job, after accepting it, for any reason other than an emergency, and Ayadi is not able to find another Therapist to fulfil the particular job at the designated date and time, Ayadi may deduct 100% of the value of the booking from your earnings. If you are more than 20 mins late to a job booking, and the client cancels the booking due to your late arrival, we may deduct 100% of the value of the booking from your earnings. If you cancel a job more than once in a 3 week period, you may be suspended from the Ayadi network until further notice. Suspension or termination notices may be sent to Providers via email and post, and will be considered effective immediately thereafter. You may be later on, re-instated at our sole discretion after a careful consideration on our part.
LOSS OR DAMAGE
If the Customer suffers loss or damage to their property and attributes the loss or damage to a Provider, in the first instance the Parties should try to resolve between themselves, which Ayadi may facilitate. Ayadi will initiate a claims procedure if the loss or damage is reported to us within 24hrs of the booking, and may take further action including reporting the matter to the police.
RECOMMENDATIONS AND REVIEWS
Customers and Providers are encouraged to offer reviews in the form of star rating, or feedback, for each other each time a Job is completed. You agree to provide a prompt review that is true and fully reflects your experience with the Customer or Provider with who you have engaged.
Ayadi reserves the right to terminate the Accounts of Users or Providers who repeatedly receive poor reviews.
PROMOCODES AND VOUCHERS
Ayadi may at our discretion issue a Promocode (or Voucher) to a Customer offering a discount from the total price of a Job. Such Promocodes are one time usage codes, have a finite expiry date and may only be applied one code per job. If the full value of a Promocode is not used in a Job the residual unused value will be lost. A Promocode may be withdrawn at any time at our sole discretion.
Only one promocode may be used per household or unless otherwise agreed in writing.
We may enter into agreements with third party companies where Promocodes are purchased by Customers at discounted prices. In such a case the sale agreement is between the Customer and the third party company and all issues relating to the redemption of the Promocode need to be addressed with the third party company. Ayadi disclaims any liability in this regard.
When entering a Promocode the Customer will receive a message that it has been successfully entered. At Ayadi’s discretion we may or may not provide any further information about a Promocode and we do not guarantee a Promocode may be applied to any particular Job.
As a Provider you will earn the full price of the Job as if the Promocode were not applied, minus Ayadi’s payment/commission.
Ayadi Providers are assigned to Jobs on the basis of availability and location.
As a Customer you agree not to privately offer jobs to Providers you have previously engaged with through Ayadi. As a Provider, and while Ayadi is acting as an agent for you, and for a minimum period of 6 months after the agency agreement has been terminated, you agree not to accept or solicit for jobs that are offered to you by Customers you have been introduced to through Ayadi.
Ayadi reserves the right to terminate the Accounts of Users who enter into private engagements.
If you engage with another User who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behaviour or any similar activity, you should immediately make a report to the appropriate authorities and then to Ayadi at firstname.lastname@example.org quoting the filing report number and location. Your report may cause us to investigate such behaviour, but we are not obligated to take action beyond that which is required by law, and we will not incur any additional liability or expense.
PRIVACY AND CONFIDENTIALITY
The App may use GPS locator capabilities to identify your current location for the purposes of delivering the Member Services. The communication standards for the Member Services include, but are not limited to: SMS, GPS, and web-based browser technology. In order to use the App, you must maintain an active account with a carrier of electronic communications through mobile devices.
You agree and acknowledge that information in connection with the Member Services is compiled and provided by third parties, and no responsibility is accepted by us or on our behalf for any errors, omissions or inaccurate content on the Site or App. If you believe that you have noticed an error, omission, or inaccuracy, please let us know.
Use of the Member Services requires Internet access. You are responsible for all mobile carrier charges resulting from your use of the Member Services, including from any notifications provided by the Services. While we will make all reasonable efforts to ensure the availability of the Member Services on as broad a range of devices as possible, we cannot guarantee that the Member Services will be compatible with all devices or will be supported by all mobile carriers.
We take measures to keep the Site and the App free from computer viruses and other malicious programs. However, we cannot accept responsibility for any computer viruses or other malicious programs which are transmitted to your computer as a result of your use of the Site or a third party website, or which are transmitted to your mobile handset as a result of your use of the App, unless this was due to our negligence or a breach of these terms by us. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
We cannot guarantee the availability of the Site or the App. As with any service over the Internet or mobile network there are factors over which we have no control, for which we cannot accept liability. You agree that we may take the Member Services offline where we consider that this is necessary for routine or emergency maintenance without liability to you.
If we believe that you have breached this Agreement or any provision of it, we may suspend or terminate your Account and your access to the Member Services. After any suspension or termination, you may or may not be granted permission to use the Member Services or re-establish an Account. You agree that we will not be liable to you for any suspension or termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Member Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account and we will not accept any liability for losses arising as a result of this.
You agree to use the Site, the App and any other channel provided by Ayadi or through which the Member Services are provided only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of the Member Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this Site or the App or its services.
All contents of the Site and the App, including any software, are protected by copyright, database right and other intellectual property rights. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of ours or of any other third party.
You may not reproduce any part of the Site or the App in any form unless we agree in writing in advance, except as necessary to use the Member Services in accordance with these terms or to keep a record of a transaction between you and us. You may not create a hypertext link to the Site or App or “frame” the Site or App unless we agree in writing in advance. Use of any automated system or software to extract data from the Site or the App (including screen scraping or account aggregation) is prohibited.
LIMITATION OF LIABILITY
To the extent permitted by law, we exclude all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not guarantee the timeliness, completeness or performance of the Site, the App or any Member Services or any of the content.
Nothing in these terms limits our liability for death or personal injury directly caused by us.
All third party suppliers of products, services or content (including Professionals) which we link to from the Site or the App, or within the Member Services are independent entities and we are not responsible or liable for any wrongful act or omission on their part or for any of the content of their websites, including but not limited to any product liability claims. You should read the terms and conditions of any third party suppliers carefully.
If any of these terms are found to be invalid by a court or at law then the remainder of these terms shall continue to apply to the extent that they still make sense without the unenforceable term(s).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Member Services.
Neither you nor we intend any third party to be able to enforce any of these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by Users, but may be freely transferred, assigned, or delegated by Ayadi.
No waiver of or delay in enforcing any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall be construed as a continuing waiver or create an expectation of non-enforcement of that or any other provision or right.
You and We Agree that these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and each party agrees to the irrevocable jurisdiction of the English Courts to settle any dispute or claim arising out of these Terms.