Terms + Conditions

BACKGROUND

A). Fausta operates an online marketplace where hair and beauty Experts can provide services to consumers online via Fausta’s website www.thefausta.com and the associated mobile application (Site).

B). Fausta has agreed to grant the Expert the right to provide its hair and/or beauty services (Services) to consumers as part of Fausta’s business via the Site.

C). Experts may be sole traders (Freelancers) and hair and beauty salons (Salon).

 

TERMS AND CONDITIONS

  1.    SITE

1.1 In consideration of the obligations to be performed under this Agreement by the expert, Fausta agrees to allow the Expert to advertise and provide the Services via the Site.

1.2 The rights granted to the Expert by this Agreement are personal and do not create a tenancy or any other estate or interest in the Site or Fausta.

1.3 Where the Expert is a Salon; the Salon must ensure all its employees or contractors who perform the Services on behalf of the Expert comply with the Expert’s obligations under this Agreement. The Salon is liable for the actions and inaction of such person.

  1.    TERM

This Agreement starts on the Commencement Date and continues until one year terminated sooner under the terms of this Agreement (Term).

  1.    PAYMENT AND PERMIT OBLIGATIONS

The Expert must pay Fausta the Fee for providing its Services via the Site. The Fee means the sum equal to 20% of the Expert’s Sales, calculated by Fausta and payable by the Expert.

  1.    OPERATION OF THE SITE

4.1 The Expert must supply Fausta with images and detailed descriptions of its Services in a format required by Fausta in order for Fausta to advertise the Expert and display the Services via the Site.

4.2 Nothing in this Agreement obliges Fausta to offer all the Services for sale via its Site. Fausta has complete discretion and control over the selection, range, duration and display of Experts and their Services on the Site. Fausta or other Experts may sell similar or identical Services via the Site and the Expert is not given any exclusive rights in relation to its Services or category.

4.3 Fausta will notify the Expert via phone or such other method when a booking is placed by a customer via the Site for the Services and provide the Expert with instructions for the booking.

4.4 The Expert must perform all bookings for Services via the Site in accordance with Fausta’s standards and time frames if this does not happen, Expert will have to pay a penalty.

4.5 The Expert must ensure that it is available to provide the Services and to comply with all bookings placed via the Site. The Expert must immediately notify Fausta if there are any delays or availability issues affecting, or likely to affect, the Expert’s ability to provide the Services or complete a booking if this does not happen, Expert will have to pay a penalty.

4.6 Each party must notify the other party of all customer complaints and incidents in relation to the Services as soon as practicable after they have been received.

4.7 The parties acknowledge that where customers are dissatisfied with their Services and request a further treatment or booking or a refund of the purchase price paid for Services or some other remedy (Requests) such requests must be handled by the Expert at its cost, with assistance from Fausta at its discretion. The Expert must efficiently and effectively manage all Requests to maximize customer satisfaction and to comply with the Indian Consumer Law. To the extent permitted under Indian Consumer Law, the parties acknowledge and agree that the Expert is both the supplier and manufacturer of the Services under Indian Consumer Law and Fausta simply facilitates the direct supply of the Services by the Expert to end consumers.  Experts will be required to provide remedies, including refunds, directly to a customer. Where Fausta elects at its discretion to provide the customer with a refund or discount, Fausta will deduct the value of that refund from Net Sales next due to be remitted to the Expert.

4.8 The Expert must not use Fausta’s name, trademarks or logos except with the prior written consent of Fausta. Fausta may use the Expert’s name, trademarks and logos on the Site and in connection with the advertising, display, marketing and sale of the Services. Neither party may use the other party’s name, trademarks or logos in any manner which may bring the first party into disrepute in any way.

4.9 In their performance of this Agreement, Fausta and the Expert will act honestly, comply with all Indian Laws, and not engage in fraudulent or improper conduct.

4.10 Service price and discount offers could be changed according to market analysis and research done by Fausta.

  1.    SERVICES

5.1 The Expert represents and warrants to Fausta in respect of the Expert’s Services that:

        5.1.1       the Services comply with the Consumer Guarantees and all Indian Laws;

        5.1.2       the Expert (and any of the Expert’s personnel) have the necessary qualifications, skills, experience, expertise, permits, authorizations and licenses required to perform the Services;

        5.1.3       the Services will be provided in a polite and courteous manner with due care and attention and to a high standard expected of a professional in the industry;

        5.1.4       the Services will be provided in accordance with the customer’s requests and requirements;

        5.1.5       the Services will be provided in a clean, hygienic and safe manner and that all tools and equipment will be appropriately sterilized or cleaned in accordance with Indian Laws; and

        5.1.6        the services will be provided wearing proper uniform as provided by Fausta;

        5.1.7        the products used during the services of the customers provided by Fausta should be purchased from Fausta only (Only Applicable for Freelancer);

        5.1.8       the Expert will comply with all bookings and be punctual and efficient;

        5.1.9       if the customer requests additional Services or bookings these must be referred to Fausta and processed through the Site; and

        5.1.10       the Expert will respect the privacy of all customers and will obey their lawful requests and directions when providing the Services.

  1.    DEFAULT AND TERMINATION

6.1 Without limitation to Fausta’s rights to terminate this Agreement under any other Clause, Fausta is not obliged to promote the Expert or offer the Services for sale via the Site and may at any time, without cause and in its total discretion, give notice to the Expert of its termination of this Agreement. Fausta may give such notice period to the Expert as it deems fit and the parties must comply with their obligations.

6.2 Fausta may terminate this Agreement with immediate effect where:

        6.2.1       the Expert fails to deliver in accordance to the obligations by Fausta and the requirements of the customer;

        6.2.2       the Expert (or any of the Expert’s personnel) fails to fulfill any bookings on time and found out to be in any kind of fraudulent activity against Indian Consumer Law; or

        6.2.3       the Expert found out to be using customer’s personal information in any manner or approaching them directly for any services going against the terms of Fausta. Then expert will have to pay a penalty.

6.3 On termination:

        6.3.1       the Expert must, if directed by Fausta, fulfil any bookings already placed by customers for Services via the Site;

        6.3.2       the Expert must return any Fausta’s materials to Fausta (i.e. marketing collateral);

        6.3.3       Expert will cease using the other party’s intellectual property including any trademarks, branding, logos;

        6.3.4       each party must return the other party’s Confidential Information and cease using such Confidential Information;

        6.3.5       the Expert must cease using the Personal Information of any customers of Fausta and return the same to Fausta or destroy (as directed by Fausta) any customer lists, orders or other Personal Information;

        6.3.6       each party will pay all monies under this Agreement as due to the other party with Fausta having a right of set off for any monies which are owing to it. Fausta is entitled to retain such Net Sales as it deems reasonably necessary for a period of ninety (90) days following termination of this Agreement to cover any Requests from customers which may be received.

  1.    PERSONAL INFORMATION

7.1All Personal Information about any customer of Fausta will be the property of Fausta.  The Expert must only use that Personal Information for the purpose of fulfilling bookings during the Term.

8.2 The Expert will:

        7.2.1       comply with all legislation, principles, industry codes and policies by which it is bound relating to the collection, use, disclosure, storage or granting of access rights to Personal Information; and

        7.2.2       not do anything with the Personal Information that will cause Fausta to breach its obligations.

  1.    OPERATE IN ACCORDANCE WITH APPLICABLE LAWS

Fausta and the Expert must operate their business in accordance with all applicable Indian Laws, regulations, rules and standards.

  1.    CONFIDENTIAL INFORMATION

9.1 A party must not, either directly or indirectly, without the prior written consent of the other party, use, disclose, publish or permit the disclosure or publication of Confidential Information to any other person, unless it is to that party’s solicitors, accountants or auditors or unless the other party gives its consent to the disclosure of its Confidential Information.

9.2 Clause 9.1 does not apply to any Confidential Information which:

        9.2.1       a party is required to disclose by any applicable law or legally binding order of any court;

        9.2.2       is in the public domain other than as a result of a breach of this Agreement;

        9.2.3       was at the time of disclosure already in the lawful possession of the recipient; or

        9.2.4        is received by the recipient from a party (other than the disclosing party or any employee, contractor, officer, agent or adviser of the disclosing party) legally entitled to possess that information and provide it to the recipient.

  1.    ASSIGNMENT

10.1 Fausta may assign, sub-contract or delegate its rights or obligations under this Agreement at its discretion.

10.2 The Expert may not assign, sub-contract or delegate its rights or obligations under this Agreement without Fausta’s consent.  Fausta may give or withhold its consent or impose conditions on the giving of its consent as it sees fit.

11.     MISCELLANEOUS

 ENTIRE AGREEMENT

11.1 Except where provision is made for subsequent agreement between the parties, this document contains everything the parties have agreed on in relation to the matters it deals with.  No party can rely on an earlier document, or anything said or done by another party, or by a director, officer, agent or employee of that party, before this document was executed, save as permitted by law.

NO AGENCY OR PARTNERSHIP

11.2   No party is an agent, representative, partner of any other party by virtue of this document.

11.3   All Experts are independent contractors and are not employees, subcontractors or agents of Fausta.

NO AUTHORITY TO ACT

11.4  No party has any power or authority to act for or to assume any obligation or responsibility on behalf of another party, to bind another party to any agreement, negotiate or enter into any binding relationship for or on behalf of another party or pledge the credit of another party except as specifically provided in this document or by express agreement between the parties.

SEVERABILITY

11.5 If a clause or part of a clause of this document can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way.  If any clause or part of a clause is illegal, unenforceable or invalid in any jurisdiction, that clause or part is, as to such jurisdiction, to be treated as removed from this document, but the rest of this document is not affected.

VARIATION

11.6 No variation of this document will be of any force or effect unless it is in writing and signed by the parties to this document.

WAIVER

11.7 The fact that a party fails to do, or delays in doing, something the party is entitled to do under this document, does not amount to a waiver of any obligation of, or breach of obligation by, another party.  A waiver by a party is only effective if it is in writing.  A written waiver by a party is only effective in relation to the particular obligation or breach in respect of which it is given.  It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

User Policies

General Terms and Conditions

• It is mandatory for clients to present Booking ID & Mail at the time of service start.

• Pets are not allowed in the salon premises.

• Should any action by a Client be deemed inappropriate by the Provider, or if any inappropriate behaviour is brought to the attention of the Provider, the Provider reserves the right, after the allegations have been investigated, to take action against the Client.

• Certain destinations may have different policies for specific times during the year.

• Clients shall be liable for any damage, except normal wear and tear to Provider asset. Client shall keep the Provider salon in a good condition and maintain hygiene and cleanliness.

• Certain policies are booking specific and are informed to the customer while making the booking.

• No Smoking Policy: We really take pride in keeping all our rooms fresh and clean and discourage smoking in the rooms. In case Clients wish to smoke, the Provider Reception will be happy to help.

• Clients may be contacted closer to their service date to confirm the arrival status or arrival time through calls or messages. In case, we do not receive a response from the Client after multiple attempts, the booking may be put on hold or cancelled. In case of availability, FAUSTA will try to reinstate your booking when you contact us back or make a payment through our multitude of payment options

• As we continue to strive to improve our services, FAUSTA may reach out to Clients to get a feedback of their experience through calls or messages

• We might reach out to you for offers.

Booking Extension Policy

• Extension of booking or services would be provided on current service price, subject to availability.

• Current service price can be different from the price at which the service were booked.

Cancellation Policy

Cancelling an Fausta Salon is as fast and easy as booking one. We would love to host you but in case your plans change, our simple cancellation process makes sure you receive a quick confirmation and fast refunds.

We do not charge cancellation fees for bookings cancelled. Any amount paid will be refunded.

How to Cancel

You can cancel your booking using our website or mobile app. You can also call us on +91-9999117278 to cancel your booking. The applicable refund amount will be credited to you within 7-14 working days.