www.salonkee.at (the “Website”) is a website belonging to the company Salonkee S.A. (“Salonkee” or “us”) or "we") with registered offices at Centre Orchimont, 36-38 Rangwee, L-2412 Luxembourg, RC B207855, Matricule 2018221052999, VAT LU31273477. The user(s) (‘User”, “Users” or "you") is required to read these Terms of Use (“Terms of Use”) carefully. By continuing the booking or signup when the Terms of Use for Users and Private Data Policy (https://salonkee.at/data_privacy_policy) are presented, the User indicates to have taken full knowledge and accepts their content. Whether you are a registered User or not, you are still bound by the Terms of Use by visiting this website and/or creating a link to it.

Salonkee may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will be deemed as acceptance of such changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice, at the sole discretion of Salonkee. Salonkee may establish or change, at any time, general practices and restrictions concerning other Salonkee services at its sole discretion. Important changes will be announced on our Website. This version of the Terms of Use was last modified on the date referred to above.

Salonkee reserves the right to suspend or interrupt the access to or the operation of the Website, or any portion of it, as necessary to perform maintenance and/or for any other purpose; and/or to modify or change the Website, or any portion of it, including namely but not exclusively by adding, removing or modifying features and options within the Website.

Please note that the Terms of Use and Private Data Policy do not apply to the relationship between Salonkee and its Professional Users (as defined below). If you are an existing Professional User, please refer to the Professional Terms and Conditions which were provided to you upon registration. If you wish to apply to Salonkee to become one of our Professional Users, please contact us here. “Professional Users” shall mean professional customers, such as, but not limited to any salon / spa / wellbeing practitioners with whom we have entered into an agreement.

The services offered by the Salonkee Website enables Users to find a salon / spa / wellbeing practitioner in the beauty sector, to have access to the services list, the Professional User’s address & images, booking availabilities, vouchers and the possibility to book and pay appointments with such Professional Users.

You warrant that you are legally capable to accept these Terms of Use.

You declare that the information you provide, whether it is information relating to your personal identity or others', are correct and sincere to the best of your knowledge. You are informed that the use of a false identity and the dissemination of false information may give rise to civil and/or criminal prosecution.

You ensure that any device from which you access the Website is secured and equipped with up-to-date antivirus software.

Salonkee Website accounts should be strictly personal. Nonetheless, some situations may require a User to book an appointment and services on behalf of another person as for example children or people under guardianship. In this case, you must ensure that all persons accessing to Salonkee through their connection are aware of these Terms of Use and comply with them.

Whether you book a service for yourself or a third person, it is your sole responsibility to inform the Professional Users in advance of any health issues, special needs or medical conditions which may affect or be affected by the service booked. In case of injury, damages or loss resulting from failing to do so, neither Salonkee nor the Professional User can be held liable for this.

You are responsible for the use that is made of your username and password. Salonkee therefore recommends that you use a unique password and carefully keep this password secret.

You are responsible to follow the terms and conditions of our Professional Users when our Professional Users make certain services available through APIs.

You are not entitled to let others use your account.

You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute or time share any rights granted by these Terms of Use to any third party.

You agree not to modify, adapt, or hack the Website, or to use the Website in any unlawful manner, including but not limited to violation of any person's privacy rights.

You agree not to attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any of Salonkee’s services or the Website.

Salonkee will make every effort to provide Users with quality service and to resolve as soon as possible any technical failures that may occur. The User is informed that communication transmission systems, computer systems, hosting services or Professional Users’ computers may, like any computer system, be susceptible to failures.

You agree to waive any recourse against Salonkee due to a technical failure in the use of the services offered on the Website or a failure of use by the Professional User. Salonkee implements best practices to supply high availability, confidentiality and integrity for its services, but Salonkee is only bound to an obligation of means in this respect.

All services, either booked or paid for through the Website or in person, are provided by our Professional Users and as such we cannot be held responsible for the quality, execution or potential damages / injuries that could arise from such services. Salonkee has no responsibility regarding the accuracy of information provided by the Professional User regarding the date and hour of the appointment or any other information. Salonkee has no responsibility to manage cancellations from a Professional User or User within a few minutes of these appointments, which must be managed directly between the User and the Professional User. All photos and information shown on the platform are displayed for illustration purposes only. Although we request from our Professional Users to provide the most accurate information and/or service description possible, we do not verify such information and cannot be held responsible for any misleading content.

All rights, including Intellectual Property Rights on the Website shall at all times remain the sole and exclusive property of Salonkee, and the User shall obtain no rights, title or interest in any content on the Website. You hereby acknowledge that Salonkee retains all rights, including any Intellectual Property Rights in and to any modifications to the Website and its services, update, upgrade or new release thereof, and that all Intellectual Property Rights on the Website shall be and remain the sole property of Salonkee. Salonkee grant Users a personal, restricted, non-exclusive, non-transferable, non-assignable right, without the right to sublicense, to access and use the Website for personal purposes.

You agree not to remove or modify any proprietary markings present on Website, visible during its operation, including any copyright notice, of markings present on media or any documentation.

Salonkee will be the sole owner of any and all Intellectual Property Rights created, prepared, produced or developed by Salonkee under or in connection with the Website.

You must not transmit, modify, publish, copy, report, distribute or reproduce in any other form all or part of the contents of the Website without the prior written consent of the owner of the rights.

The User Data hosted-by Salonkee as part of the services on the Website, and all worldwide Intellectual Property Rights in it, shall remain the exclusive property of the User.

The User agrees that Salonkee may collect, use, and disclose quantitative data derived from the use of the services on the Website for industry analysis, benchmarking, analytics, marketing, and other business purposes. All data collected, used, and disclosed will be in aggregate form only and will not identify User and/or User Data.

The User represents and warrants it is the rightful owner of the User Data and/or disposes of sufficient usage rights and authority to grant to Salonkee, to allow Salonkee to use it for the purpose of the provision of the services on the Website.

Salonkee is committed to respecting your privacy and protecting your personal information in accordance with all applicable laws. For more information on the treatment of your personal data by Salonkee, we invite you to consult the Salonkee Privacy Policy (https://salonkee.at/data_privacy_policy).

You may create a link to a Salonkee Website's page for non-commercial purposes provided that you do so in a fair and lawful manner that does not damage our reputation or gives us an unfair advantage. For the avoidance of doubt, the other website must not contain any adult-oriented or unlawful material or any material that is offensive, harassing or otherwise objectionable. You must not create a link to a Salonkee Website's page in a manner that suggests any form of association, approval or endorsement on our behalf, when none of which exists. You must not remove or obscure by framing or otherwise obscure any advertisements, copyright notices, or other information published on the Website. The Website may not be delineated or subjected to any other browsing environment. If you wish to create a link to the Salonkee Website for commercial purposes or any other purpose not included above, please send an electronic request to support.null@salonkee.salonkee.com. We reserve the right to withdraw permission to link at any time without notice.

To the maximum extent permitted by applicable law, Salonkee shall never be liablie (whether in contract, warranty, tort (including as a result of negligence, product liability or other theory)) for any indirect, punitive, incidental, special or consequential or other similar damages resulting from lost data or business interruption resulting from the use of and/or inability to use the Website, (including damages for loss of profit, revenue, business, contracts or clients, loss of or corruption of data, loss of goodwill, damages to equipment and reputational damage, opportunity loss, loss of anticipated savings, and the cost of procuring replacement goods or services).

The User agrees that Salonkee can only be held liable as per the terms of this clause 11 to the extent damages suffered by the User are directly and solely attributable to Salonkee. However, nothing in the Agreement shall limit or exclude Salonkee’s liability for (i) gross negligence, (ii) willful misconduct or (iii) fraud.

Sale of Vouchers.
Depending on the applicable jurisdiction, Salonkee vouchers (“Vouchers”) may or may not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). If Salonkee has the legal obligation to pay or collect Taxes for which User is responsible, the appropriate amount will be invoiced.

Redemption.
Vouchers may only be redeemed via the purchase of eligible goods and services provided by a Salonkee’s Professional Users. Proceeds from Voucher online purchases are directly transferred to the Professional User’s bank account. Any unused voucher balance will be shown in the Salonkee Professional User’s account.

Limitations.
Vouchers may only be redeemed for new bookings. The redemption must occur upon booking. Vouchers cannot be used to purchase other Vouchers (= gift cards). In the event an appointment is cancelled by the User, the discounted Voucher amount will not be reallocated or refunded. Vouchers are non-refundable in exchange of cash and cannot be sold, exchanged or transferred. Vouchers may not be reallocated to another Professional User. Partially used Vouchers or remaining balances of an already used Voucher may not be transferred between Users or reallocated to other Professional Users.

Risk of Loss.
The risk of loss and title for Voucher passes on to the User upon our electronic transmission of the Voucher to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Voucher is lost, stolen, destroyed or used without your permission. We do not accept liability for Vouchers which are lost, stolen or used without authority. In case you think your Voucher has been lost or stolen, please contact us directly via e-mail support.null@salonkee.salonkee.com, we will investigate and do our best to provide you with your lost code.

Fraud.
Salonkee reserves the right to any remedy, including refusal to issue or honour a Voucher bought on the Salonkee website in the event of suspected fraud. We will have the right to close accounts and bill alternative forms of payment if a fraudulently obtained Voucher is redeemed and/or used to make purchases in a Professional User’s salon. Salonkee is not liable if a Voucher is refused by a former Professional User. In purchasing a Voucher from a Professional User there is a binding contract created between You and the Professional User, not Salonkee, regarding the provision of services or supply of products.

Disputes.
Any dispute or claim relating in any way to Vouchers will be resolved in accordance with the present Terms of Use.

Returns of reimbursements.
Vouchers cannot be returned or reimbursed.

If your appointment was not due to take place within the next 12, 24, 48 or 72 hours (as determined by the relevant Professional User), your appointment will be treated as cancelled by you and you will not be charged (Card on File), receive a refund (Deposits), authorization will be released (Preauthorization); or

If your appointment was due to take place within the next 12, 24, 48 or 72 hours (as determined by the relevant Professional User), your appointment will be treated as cancelled by you and you will be charged the respective cancellation fee (Card on File or Preauthorization), not receive a refund (Deposits).

As stated above, no refund will be made with less than 12, 24, 48 or 72 hours (as determined by the Professional User) notice on cancellation. This also means that if a booking is made and prepaid less than 12 hours in advance of the appointment, there is no refund of the prepaid amount. In case of cancellation or change up to 12, 24, 48 or 72 hours (as determined by the Professional User) before the appointment, the amount blocked on your card will be released back to you (Preauthorization), or you will not be charged (Card on File). The release of a preauthorized amount can take some time depending on which card/bank you are affiliated to.

Salonkee reserves the right in its sole discretion to terminate Your Website account, delete User Data and restrict Your use of all or any part of the Website for any reason, without notice, and without liability to You or anyone else. If User does not log in to the Website for 12 or more months, Salonkee may treat the Account as "inactive" and permanently delete the account, User Data and any other data associated with it.

We may suspend or terminate your use of the Website account if you are not complying with these Terms, our documentation, or if you use the Website in any way that could cause us legal liability or disrupt others’ use of the Website.

Disputes.
Any dispute or claim relating in any way to (pre)payment will be resolved on the basis of the present Salonkee Terms of Use. Salonkee is under no obligation to provide you with a credit note or refund in the case you are not satisfied with the services from one of our Professional Users. Notwithstanding the above, we take your experience seriously and in the event of a disagreement we urge you to speak to our Professional User directly.
If this is not resolved, then you may always use the 'review' section of our site to express your dissatisfaction. Finally, you can contact Salonkee and will use reasonable commercial efforts to resolve the issue with the Professional User. In exceptional circumstances, and at Salonkee’s sole discretion, we may decide to refund/credit the sole or partial amount of the prepayment. The above should only be seen as a gesture of goodwill and is not in any way a responsibility to you for the services provided by our Professional Users.

Applicable law.
These Terms of Use and all non-contractual obligations due or correlated to them are governed and construed according to the laws of the Grand Duchy of Luxembourg. Any disputes due or correlated to these Terms of Use will be submitted to the Courts of the District of Luxembourg. The provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods are expressly excluded.
The invalidity of a clause of these Terms of Use, for any reason whatsoever, has no effect on the other clauses of these Terms of Use. For any legal or ethical questions, the legal department of Salonkee S.A. Centre Orchimont, 36-38 Rangwee, L-2412 Luxembourg, can be contacted by e-mail at the following address support.null@salonkee.salonkee.com.