The NailVision User Agreement

 

In this User Agreement:

1. Introduction

2. About The NailVision app

3. Using The NailVision app

4. Abusing The NailVision

5. Fees

6. Listing Conditions

7. Purchase Conditions

8. International buying, selling and translation

9. Content

10. Data Protection and Privacy

11. Restricting Funds

12. Additional Terms

Returns

Correcting mistakes in payments to buyers and sellers

Delivery

13. Liability

14. Compensation

15. Legal Disputes

16. General

 

 

 

 

 

 

 

 

 

1. Introduction

This User Agreement, The NailVision Data Policy and all policies posted on our sites set out the terms on which The NailVision offers you access to and use of our sites, services, applications and tools (collectively 'Services'). You can find an overview of our policies here. All policies are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services. For information regarding the processing of personal data, please see our Data Policy.

You are entering into a contract with The NailVision Limited company registration number 12220066

 

2. About The NailVision

The NailVision is a marketplace that allows users to buy, sell, demonstrate and promote nail and beauty products and services.

The NailVision does not have possession of anything listed or sold through NailVision. The contract for the sale is directly between buyer and seller.

While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. NailVision does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, NailVision has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users' content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Sellers must have a valid payment method on file with NailVision at all times. You authorise NailVision to hold payments from sellers where The NailVision will deduct fees and transfer the balance on a set date each month in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services provided by NailVision. This includes, but is not limited to, amounts owed for NailVision commission fees. NailVision will notify you of these charges. If payments or amounts owed to NailVision cannot be completed through the payment method on file for any reason, you are still required to pay The NailVision for all unpaid amounts.  The right to seek reimbursement through other means plus any additional costs incurred by The NailVision in seeking reimbursement.

Under this agreement, if a seller chooses or is required to reimburse the buyer or NailVision because a case is resolved in the buyer's favour, we may:

remove funds from the seller's NailVision account to reimburse the buyer for the cost of the item and the original postage cost in accordance with the seller's authorisation provided to us under this User Agreement; or

where there are insufficient funds in the seller's  NailVision account, directly refund the buyer for the cost of the item and the original postage cost, and, in this case, the seller must reimburse us in full, and in a timely manner, for an amount equivalent to the sum we paid to the buyer.

Where the seller is found at fault, we will notify the seller and charge the reimbursement amount to the seller's chosen payment method, or invoice the seller for the reimbursement amount.

 

 

3. Using NailVision

In connection with using or accessing the Services, you agree on behalf of yourself, your users and your attended, not to

modify, prepare derivative works of, or reverse engineer, our services;

knowingly or negligently use our Services in a way that abuses or disrupts our networks, user accounts or the services;

transmit through our Services any harassing, indecent, obscene, fraudulent, or unlawful material;

market, or resell the Services to any third party;

use the Services to breach or circumvent any laws, third-party rights or our systems or policies;

post, list or upload content or items in inappropriate categories or areas on our sites;

sell any counterfeit items or otherwise infringe the copyright, trademark, or other rights of third parties;

harvest, collect, or gather user data without their consent;

use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;

fail to pay for items purchased by you, unless you have a valid reason as set out in an NailVision policy, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller.

fail to deliver items sold by you, unless you have a valid reason as set out in an NailVision policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;

manipulate the price of any item or interfere with any other user's listings;

post false, inaccurate, misleading, defamatory, or libellous content;

take any action that may undermine the Feedback or ratings systems (please see our rules about Feedback);

transfer your NailVision account and user ID to another party without our consent;

distribute or post unauthorised advertising, spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

use the contact information of other users for any purpose other than in relation to a specific NailVision transaction on the NailVision site (which includes using this information to send marketing materials directly to NailVision users unless the user has given explicit consent to receiving these materials);

distribute viruses or any other technologies that may harm NailVision, or the interests or property of NailVision users;

use any robot, spider, scraper or other automated means to access our Services for any purpose;

interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

export or re-export any NailVision application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to The NailVision. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to The NailVision or someone else;

infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;

commercialise any NailVision application or any information or software associated with such application;

circumvent any technical measures we use to provide the Services.

If you are registering with NailVision as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on NailVision, you must comply with all applicable laws relating to online trading for the site you are selling on.

You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any Services provided up to the point of cancellation.

If (1) we believe you are violating the policy on Offers to buy or sell outside of NailVision, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement; and (2) you are a seller and you offer or reference your contact information or ask for the buyer's contact information in the context of buying or selling outside of NailVision, you will be liable for all final value commission in consideration for the introduction to a buyer for that item on the NailVision site, even if the item does not sell.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.

 

 

4. Abusing NailVision

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;

we think that such restrictions will improve the security of the NailVision community or reduce our or another NailVision user's exposure to financial liabilities;

we think that you are infringing the rights of third parties;

we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;

despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or

you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.

When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.

 

 

5. Fees

Influencer fees for using our Services will be listed in our Influencer Billing Agreement and seller fees for using our Services are listed in our Seller Billing Agreement. We may change our fees, or introduce new fees from time to time by posting the changes on your NailVision dashboard 30 days in advance. You may close your account without penalty within 30 days of such notice being given.

If you are a seller, you are liable for transaction fees arising out of all sales made using some or all NailVision Services, even if sales terms are finalised or payment is made outside of NailVision. In addition, if you are a seller and you offer or reference your contact information or ask for a buyer's contact information, you may be liable to pay a final value fee in consideration for the introduction to a buyer for that item on the NailVision APP, even if the item does not actually sell.

Seller fees don't purchase exclusive rights to item exposure on The NailVision whether on a mobile app, or otherwise. We may display third party advertisements (including links and references thereto) or other content in any part of our Services, at our sole discretion.

 

 

6. Listing Conditions

When listing an item, you agree to comply with the rules for listing and selling practices policy and that:

you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted items policy;

your listing may not be immediately searchable by keyword or category for up to 24 hours. NailVision does not guarantee exact listing durations;

you are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to your sales on the NailVision app. To the extent possible under English law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest;

content that violates any of NailVision's policies may be modified, obfuscated or deleted at NailVision's discretion;

we may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;

Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

 

 

7. Purchase Conditions

When buying an item, you agree to comply with the rules for buyers and that:

you are responsible for reading the full item listing before purchasing;

you enter into a legally binding contract to purchase an item when you commit to buy an item;

 

 

8. International buying, selling and translation

Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items. Many of our Services are accessible to international sellers and buyers. We may offer certain programmes, tools and site experiences of particular interest to international sellers and buyers.

All prices listed on The NailVision app and all transactions will be processed in pound sterling GBP, currency exchange rates will be calculated by PayPal.  Where transactions are not processed through PayPal, exchange rates will be calculated on a floating rate on the transaction date.

You authorise us to use automated tools to translate your NailVision content and member to member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.

 

 

9. Content

By submitting Your Content (including causing content to be posted using our Services),you represent and warrant that you have all rights, power, and authority necessary to grant rights to Your Content contained within these terms.  Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all the necessary rights.

You retain any ownership rights you have in Your Content, but you grant The NailVision a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works), and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.

Any ideas, suggestions, and feedback about The NailVision or our services that you provide to us are entirely voluntary, and you agree that The NailVision may use such ideas, suggestions, and feedback without compensation or obligation to you.

We try to offer reliable data, but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that The NailVision is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. If you choose to use content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all The NailVision policies. The product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the product data or create any derivative works based on that data (other than by including the data in your listings).

The name "NailVision" and other The NailVision marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of The NailVision in the UK and other countries. They may not be used unless expressly authorised by The NailVision in writing.

 

 

10. Data protection and Privacy

You and The NailVision shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will The NailVision and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.

You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.

You shall process personal data received from The NailVision exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).

Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.

 

 

11. Restricting Funds

To protect against the risk of liability, The NailVision may restrict access to funds in a seller's NailVision account based on certain factors, including, but not limited to, selling history, seller performance, returns, transaction value or a dispute. This may result in The NailVision determining to restrict funds in your NailVision account.

 

 

12. Additional Terms

Returns

Sellers can create rules to automate returns and refunds under certain circumstances. Sellers may remove or customise their returns preferences in their account settings within NailVision.

When an item is returned, to refund the buyer, you authorise The NailVision to reverse the refund amount (in the same or other currency) from your NailVision account, and place the amount on your seller invoice as a fee (which may be charged to your automatic payment method on file). If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.

The cost of return shipping for an item that is not as described is the seller’s responsibility.

You authorise The NailVision to include return postage charges and auto-refunds on your seller invoice as a fee, which may be charged to your automatic payment method on file, when:

returns and refunds have been automated; and/or

When a transaction is cancelled, and you choose to refund the buyer via NailVision, you authorise The NailVision to reverse the refund amount (in the same or other currency) from the seller's NailVision account, to the buyer.

For future claims, where we resolve a dispute in the buyer's favour, we will notify the seller and deduct the amount from the sellers NailVision account. If sellers do not have funds to cover the amount in their NailVision account or a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

Correcting mistakes in payments to buyers and sellers

We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the NailVision account.

Delivery

The Seller is liable for all actions regarding delivery, including but not limited to, pricing, labels, supplying proof of delivery, handling returns and providing return labels.

 

 

13. Liability

We try to keep The NailVision and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.

You agree that The NailVision (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

your use of or your inability to use our Services;

pricing, postage or other guidance provided by The NailVision;

delays or disruptions in our Services;

viruses or other malicious software obtained by accessing, or linking to, our Services;

glitches, bugs, errors, or inaccuracies of any kind in our Services;

damage to your hardware device from the use of any The NailVision Service;

the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;

the duration or manner in which your listings appear in search results

your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. The NailVision cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.

 

 

14. Compensation

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of The NailVision Services or your breach of any law or the rights of a third party.

 

 

15. Legal Disputes

If a dispute arises between you and The NailVision, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and The NailVision both agree to submit to the non-exclusive jurisdiction of the English courts.

 

 

16. General

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

You agree that we may at any time and without notice set-off any of the amounts held in NailVision user accounts held or controlled by you with any fees, charges or other amounts you owe us (unless prevented by insolvency law).  Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from a NailVision balance held or controlled by you.

We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

We may amend this User Agreement at any time by email, or via the Messages section of The NailVision app

All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.

This User Agreement may not be otherwise amended except through mutual agreement by you and a NailVision representative authorised to do so.

The policies posted on our app may be changed from time to time. Changes take effect when we post them on the NaiVision app.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

The User Agreement and all policies posted on our site are the entire agreement between you and The NailVision and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our Services), Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be sent to you by email to the email address you provide to The NailVision during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.