Artist Terms of Use

Introduction

The following Artist Terms of Use (as defined in the Definitions section below) govern and regulate your access to and use of www.chicchicapp.com and all affiliated websites owned and operated by ChicChic (as defined in the subsequent paragraph), including all subdomains, subdirectories, mobile sites, and mobile applications thereof (collectively, the "ChicChicPlatform", "Platform" or "ChicChic Software"). This Agreement is made between ChicChic and you, the Artist (as defined in the Definitions section below).

In this Agreement, "ChicChic", "we", or "us" means CHICCHICAPP LIMITED with its registered office: 1-3 WORSHIP STREET, 2ND FLOOR, C/O BUCKWORTHS, LONDON, EC2A 2AB, UNITED KINGDOM.

Artists’ use of the ChicChic Platform is governed by these Artist Terms of Use. When using our Platform to deliver services and products your use of the ChicChic Platform is also governed by the general ChicChic Platform Terms of Use. To use the ChicChic Platform, as an Artist you must agree to both Terms of Use.

This is an initial version of our Artist Terms of Use until the ChicChic Platform decides to fully enable the in-app bookings/appointments and/or purchases within our Platform. You will be supplied with the new version of these Terms (as defined in the Definitions section below) when such features are added. Capitalised terms used in the summary are defined below in the Definitions section.

1. Definitions and Other Details

Terms in the preamble and elsewhere in this document have their assigned meanings, and each of the following terms has the meaning assigned to it.

"Affiliate"" means in relation to ChicChic any entity that from time to time directly or indirectly controls, is controlled by, or is under common control with ChicChic.

"Agreement", "Terms", "Artist Terms of Use" or "Partner Terms of Use" means this agreement, which sets out the terms and conditions upon which ChicChic shall provide the ChicChic Services to the Artist and which comes into effect on the Effective Date.

"Artist", "Partner" and "you" mean a selected third-party provider of goods and services, who offers their goods and services for sale on the ChicChic Platfiorm and any other ChicChic software.

"Artist Account" means an account on the ChicChic Artist app belonging to a particular Artist that the Artist's employer, staff, and other individuals can access.

"Artist Credit Card" means a credit and/or debit card provided by the Artist and supplied to ChicChic through the ChicChic Platform or any other ChicChic Software, which ChicChic is authorized to charge Service Fees pursuant to the terms of this Agreement and / or other commercial agreements between the Artist and ChicChic.

"Artist Customer" means a Customer who books Artist Services directly with you through any means other than through the ChicChic Platform, and whose details are stored on your Artist Account.

"Artist Services" means any products, goods and/or services of an Artist offered for purchase or booking on the ChicChic Platform.

"Artist Profile" means a customisable profile offered by the ChicChic Platform to the Artist using the ChicChic Platform which is publicly accessible via the ChicChic Platform for other registered End Users and Artists on the Platform, as well as visitors on the ChicChic website. The Artist/Partner Profile is offered as one of the ChicChic Features, and contains "Follow", and "Book Now" (subject to ChicChic making this feature available on the platform) button connecting Customers to the Artist Services.

"Commission" means the commission (plus any applicable indirect taxes, such as sales tax, VAT, GST, HST, etc.) payable by the Artist to ChicChic as set out in this Agreement or any other agreement between the Artist and ChicChic and calculated based on the total amount payable by a ChicChic Customer for a ChicChic Booking.

"ChicChic Software" or "ChicChic Business Software" as defined in the beginning of the Terms of Use means all ChicChic managed and owned software. Although, in this Agreement mostly relates to the ChicChic Artist mobile application designed specifically for Artists to provide Artist Services on the ChicChic Platform, which is available to download through the app stores on both iOS and Android based mobile devices (subject to them being announced and made available).

"Consumer", "Customer", "User" or "End User" means an end user of the ChicChic Platform other than Artist, i.e., consumers whose intention is to discover Artists, book, purchase and/or receive the Artist Services via the ChicChic Platform.

"ChicChic Customer" means a Customer who books Artist Services through the ChicChic Platform and any other ChicChic Software.

"Customer Account" or "Consumer Account" means an account on the ChicChic Platform created by and belonging to a ChicChic Customer.

"ChicChic Services" or "ChicChic Features" means the benefits and services Artists may receive from ChicChic (including access to the ChicChic Platform), as set out in this Agreement and any other commercial agreement and/or in written exchange between ChicChic and the Artist, in return for paying the Service Fees and/or commission from ChicChic Bookings to ChicChic.

"ChicChic Website" or "Website" means the website chicchicapp.com, accessible through any web browser or through our mobile apps published on the Apple Store and Google Play Store.

"Content": information you post, upload, display, share, transmit to other users or otherwise make available on the Platform, included but not limited to designs, text, information, images, photos, graphics, audio, videos, location data, and all other forms of data or communication, suggestions, ratings, reviews, comments, ideas, improvements, feedback or materials provided to us in connection with or related to the Platform, any related technology, and/or Services, etc.

"Customer Database" means the Artist's database of Customers on the ChicChic Platform and any other ChicChic Software.

"ChicChic Booking" means a booking made on the ChicChic Platform or any other ChicChic Software by a Customer to receive Artist Services, where at the time of making the booking the Customer chooses a time and date at which to receive those Artist Services.

"ChicChic Payment Processor" or "Payment Processor" means a third-party payment processor supporting ChicChic with the provisioning of the ChicChic Payment Services (e.g., Stripe, Apple Pay, Klarna, etc.,) that acts as a middleman supplying payment processing services for the online and/or in-app transactions on the ChicChic Platform (ChicChic does not act nor operates as the merchant of record).

"ChicChic Booking with Online Payments" means a ChicChic Booking where the ChicChic Payment Processor’s service is used by the Customer (i.e., the payment transaction happens) at the time of the booking and excludes bookings with in-store cash payments.

"ChicChic Booking Services" means all appointment booking services, including creating appointments, adjustment, rescheduling, and cancelling appointments, provided through the ChicChic Platform.

"Data Protection Legislation" means European Directives 95/46 and 2002/58/EC and any

legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts, or consolidates any of them (including the General Data Protection Regulation, or "GDPR") and all other applicable laws relating to processing of personal data and privacy that may exist in any relevant jurisdiction.

"Effective Date" means the earliest of (a) the Artist beginning to receive the ChicChic Services, (b) the date on which the Artist confirms their acceptance of this Agreement by registering and continuing to use the ChicChic Platform and, (c) the date of any other agreement signed by the Artist concerning ChicChic Services.

"General Data Protection Regulation" or "GDPR" means Regulation (EU) 2016/679.

"Intellectual Property Rights" means all intellectual property rights on a world-wide basis whether currently in existence or otherwise and whether vested or contingent including (without limitation) copyright (including foreign language translation rights), design rights, database rights, rights in any domain names, registered designs, patents, trademarks, trade names, signs and other designations provided the foregoing are of a proprietary nature and all similar rights whether registered or otherwise (including, without limitation, all extensions, reversions, revivals and renewals thereof). The above shall include, in relation to registerable rights, any applications made or rights to make applications in respect of any such rights.

"Material Breach" means a breach (including an anticipatory breach) which is not minimal or trivial in its consequences to ChicChic. In deciding whether any breach is material, no regard shall be had to whether it occurs by some accident, mishap, mistake, or misunderstanding.

"No-Show Policy" means a policy that is included in the Terms of Sale at the time that the booking is made, and/or as described in the Section 12 - Bookings and Purchases of the ChicChic Platform Terms of Use whereby you may charge a Customer a certain fee for a ChicChic Booking in which the Customer fails to show up to your place of business at the time indicated on the ChicChic Booking, which may be up to 100% of the value of the ChicChic Booking.

"Service Fees" means the Commission and any other fees (plus any applicable indirect taxes, such as sales tax, VAT, GST, HST, etc.) payable by the Artist to receive the ChicChic Services.

"Terms of Sale" mean the date, time, price, Artist Services, discount, location, cancellation policy, and any other details and conditions shown in the description of the ChicChic Booking on the ChicChic Platform at the time that a ChicChic Booking is made.

2. Key Terms of Use

  • ChicChic provides a social beauty platform with booking features called the ChicChic Platform or else known as the ChicChicApp, ChicChic, or ChicChic Artist app where you can advertise the Artist Services which you offer in your salon/spa to a much wider range of potential customers.
  • Along with providing access to the ChicChic Platform, Artists have a license to use the ChicChic Business Software, our business tools and software.
  • Being a social platform also means that our End Users, as well as Artists on our Platform are able to post, upload, display, share, transmit content to other users or otherwise make it available on the ChicChic Platform, included but not limited to designs, text, information, images, photos, graphics, audio, videos, location data, and all other forms of data or communication, as well as suggestions, advice, ratings, reviews, comments etc.
  • We are responsible for arranging and concluding ChicChic Bookings with Online Payments and are appointed under these Artist Terms of Use as your commercial agent to do so. For such ChicChic Bookings with Online Payments, we will collect payments from Customers on your behalf, and successful receipt of payment by us will discharge the Customer’s debt to you.
  • We will send you an Invoice Statement once a month which will set out what we owe you for ChicChic Bookings, what you owe us (e.g., Service Fees and any other applicable fees or charges) and the resulting balance (whether you owe us, we owe you or the balance is settled).
    1. If we owe you, we will pay this amount to your bank account.
    2. If you owe us, we will charge the credit card that you have supplied on the ChicChic Software (e.g, ChicChic Artist mobile app).
    3. If the balance is settled, we will explain on the Invoice Statement that there is nothing further needed.
  • If you have any issues with paying your outstanding balance within the required timeframe, please get in touch as soon as possible. Access to the ChicChic Software or to the ChicChic Platform may be denied to Artists who do not settle their outstanding balances in a timely manner.
  • You are responsible for the Services which you provide to Customers in your spa/salon/shop/place of work and the contract for those Services is between you and the Customer. We are in no way liable to Customers for the Artist Services they receive from you.
  • You have several obligations to ChicChic in return for receiving the ChicChic Services. These are set out in detail in the full version, but some important ones are as follows:
    1. You agree to process and supply the Artist Services to the highest industry standards.
    2. You must always provide the Artist Services on the ChicChic Platform at the same prices that you offer on your own website. For the avoidance of doubt, you are permitted to offer lower prices or special offers to closed groups of individuals (both online and offline), directly in your salon and on alternative online sales platforms.
    3. You must ensure that you have all licenses, consents, qualifications, authorities & insurance that are required for you to perform the Artist Services.
    4. You must ensure that all information supplied on your Artist Profile is accurate, not misleading and legally compliant.
    5. In respect of Pay Cash In-Store Bookings, ChicChic is solely a technology provider and does not act as commercial booking agent. Customers and Artists can cancel Pay Cash In-Store Bookings up until the time of the appointment and no contract is created between the Customer and the Artist until the appointment takes place. Confirmation and reminder emails/notifications will be sent to Customers via the ChicChic Platform on behalf of the Artist, but the Artist is responsible for providing the Artist Services to the Customer and handling any cancellations or rescheduling directly with the Customer or via the ChicChic platform itself. ChicChic has no further involvement in the Pay Cash In-Store Bookings process and solely provides the technology to facilitate Pay Cash In-Store Bookings to be arranged.

    If you want to talk to us, please contact us and we will be happy to help:

    Email: hello@chicchicapp.com

    Post: CHICCHICAPP LTD, 1-3 WORSHIP STREET, 2ND FLOOR, C/O BUCKWORTHS, LONDON, EC2A 2AB, UNITED KINGDOM.

    3. Description of the ChicChic Platform

    ChicChic provides a Platform using which Artists can advertise, market, sell, promote, and offer their services and/or products for order, booking/reservation, and purchase. The Agreement applies to all services and/or products made available on the Platform whether directly or indirectly (through Artists). The ChicChic Platform also provides notifications, alerts, and other confirmations.

    All users have accepted B2C terms which must be always respected by you. Access to the Platform for the Artist may be subject to subscription payments. Services offered via the Platform are subject to payment (Commission and/or Transaction Fees).

    By creating a profile, accessing, browsing and in any way using our Platform, you acknowledge and agree to have read, understood, and agreed to the Terms including having read our Privacy Policy and, if providing Services on the Platform, to be at least 18 years old.

    If you do not accept and agree to be bound by this Agreement, please do not use our Platform.

    Changes

    We will provide at least 15 days’ advance notice for changes to the Terms. However, we may change or modify these Terms at any time with immediate effect (a) for legal, regulatory, fraud and abuse prevention, or security reasons; (b) to change existing features or add additional features to the ChicChic Services (where this does not materially adversely affect your offering of the Artist Services); or (c) to restrict ChicChic and/or Artist Services or activities that we deem unsafe, inappropriate, or offensive.

    Your continued use of our Platform after the effective date of any change to these Terms in accordance with this clause will constitute your acceptance of that/those change/changes. If any change is unacceptable to you, you agree not to use the Platform and to end the cooperation between you and ChicChic. ChicChic will provide notice to you under these Terms by posting changes on the Platform or by sending you an email notification, or by similar means.

    We may also communicate with you in connection with your listings, sales, and the services electronically and in other media, and you must consent to such communications. You must update your email addresses (as well as your legal name, address, and phone number) as often as necessary to ensure that they are accurate.

    4. Intellectual Property Rights and Restrictions of Use

    Unless stated otherwise, the software required for, available at or used by our Platform and the intellectual property rights (including the copyrights) of the Content and information of and material on our Platform are owned by ChicChic and/or its Artists, End Users.

    ChicChic exclusively retains ownership of all rights, title, and interest in and to all intellectual property rights of the look and feel including infrastructure of the ChicChic Platform, reviews from our users, and translated Content.

    Content, information about and material on our Platform is not owned by you. You are not allowed to:

    • re-sell, hyper/deep-link, use, copy, publish, modify, translate, decompile, reverse engineer, decipher, transmit, create any derivative works from, make use of, use as meta tags, reproduce in any way, promote, market, integrate, utilize, combine, monitor (e.g. spider, scrape), use datamining, frame, mirror, display, download, reproduce, or otherwise use the Content, including but not limited to any pictures, images, copyrighted material, trademarks and names, service marks, or other intellectual property, proprietary information or any other content or information (except for when the content is shared through our official sharing flow enabled on the ChicChic Platform via the links provided by us, or through watermarked content), software, without ChicChic’s prior written consent
    • use or develop applications that interact with the Platform, without ChicChic’s prior written consent, or
    • use, store, upload viruses or other malicious ware or compromise the security of the ChicChic Platform or promote behaviour in violation of these Terms and/or our Privacy Policy.

    Any unlawful use or any of the actions or behaviour listed above will constitute a material infringement of our intellectual property rights (including copyright and database right).

    • Making claims of right/infringements

    If your Intellectual Property Rights have been infringed, please submit your complaint to ChicChic immediately at hello@chicchicapp.com. Upon receipt of a complaint, we may take certain actions, including removing information or an item, and termination of repeat infringers in appropriate circumstances. All such actions are taken without any admission as to liability and without prejudice to any rights, remedies, or defences, all of which are expressly reserved. This includes forwarding the complaint to the parties involved in the provision of the allegedly infringing content.

    5. Indemnification

    You will defend, indemnify, and hold harmless ChicChic, and our officers, directors, employees, and agents, against any third party claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) from or related to (a) your non-compliance with applicable laws; (b) your Services, including the offer, sale, fulfilment, refund, cancellation, return, or adjustments thereof, and any personal injury, death (to the extent the injury or death is not caused by ChicChic), or property damage related thereto; (c) your taxes and duties or the collection, payment, or failure to collect or pay your taxes or duties, or the failure to meet tax registration obligations or duties; or (d) actual or, based on specific indications, alleged breach of any representations you have made.

    ChicChic’s indemnification obligations: ChicChic will defend, indemnify, and hold harmless you and your officers, directors, employees, and agents against any third-party claim arising from or related to: (a) ChicChic’s non-compliance with applicable laws; or (b) allegations that the operation of the Platform infringes or misappropriation that third party’s Intellectual Property Rights.

    If any indemnified claim might adversely affect us, we may, to the extent permitted by applicable law, voluntarily intervene in the proceedings at our expense. No party may consent to the entry of any judgment or enter any settlement of an indemnified claim without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any claim that is exclusively directed at and exclusively affects that party.

    6. Limitation of Liability

    Both parties are only liable for damages suffered as a result of wilful misconduct or gross negligence. In case of minor negligence, the parties are only liable for (a) injury to life, body, or health; or (b) foreseeable typically occurring damages resulting from the breach of a fundamental contractual obligation.

    The Artist shall obtain and maintain, at its own expense, from a qualified and licensed insurance carrier professional indemnity insurance and public and product liability insurance with coverage relevant for the Services offered by the Artist. The Artist shall provide insurance details on request by ChicChic.

    7. Unlawful Content

    Any unlawful Content that may exploit or otherwise harm minors; or may violate or advocate the contravention of any law or regulation is prohibited.

    In general, all artistic images depicting nudity and sexuality are allowed without censorship. However, images depicting implied actions that have the potential to normalize violence such as non-consensual or violent sex acts, including rape, are not allowed at any time. Images depicting fetish content that involves acts that are likely to lead to the death of a person or animal such as: dismemberment, cannibalism, or bestiality are also not allowed.

    Real female nipples must be censored unless in the context of breastfeeding, birth giving and after-birth moments, health-related situations (for example, post-mastectomy, breast cancer awareness or gender confirmation surgery) or an act of protest.

    ChicChic does not allow objectionable content that includes defamatory commentary, imagery and/or hate speech about religion, gender, race, or any other targeted groups. Imagery that is racist, sexist, homophobic, transphobic, or engages in other forms of discrimination will not be tolerated and will immediately be removed. ChicChic reserves the right to restrict users who create, upload, or request imagery of this kind.

    Millions of photos, videos, questions, thousands of consumer reviews, and comments are hosted on the Platform. Consequently, it is not possible for us to monitor all Content, Questions & Answers, or Services listed for sale, each customer review or comment that is displayed, etc. Therefore, we operate on a "notice and action" basis.

    You understand and agree that we may monitor Content and delete – in whole or in part – Content that in our sole judgment violates these Terms, the general Platform Terms of Use or may harm the reputation of the Platform. If you become aware of such Content, please let us know immediately via hello@chicchicapp.com

    Important Warning: giving false, misleading, or inaccurate information to ChicChic on the Platform may result in civil and criminal liability.

    8. Termination

    You can terminate your use of the platform at any time. Simply delete your Artist’s account on the ChicChic Artist app, and email ChicChic directly at hello@chicchicapp.com with your username, contact details, and the reason for leaving the Platform.

    ChicChic shall also be entitled to immediately terminate your account - fully or partly - if you commit any material breach of these Terms and fail to remedy that breach by written notice within ten (10) Business Days. This ten (10) Business Day period only applies where a breach may be remedied; if this is not the case, or if you do not comply with applicable regulation, your account may be terminated immediately by written notice. Sections 9 - 14 will still apply after termination.

    9. Disclaimer

    Subject to the limitations set out in the Terms and to the extent permitted by law, the Platform is provided on an "as is" and "as available" basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Platform (including but not limited to all Services and Content), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.

    ChicChic does not represent or warrant that (a) the Platform will be uninterrupted or error free, (b) any defects or errors in the service will be corrected, or (c) that any content or information you obtain on or through the Platform will be accurate. ChicChic have no responsibility for any Content and any material downloaded or otherwise obtained through the Platform; hence any Content is accessed at your own discretion and risk.

    To the fullest extent permitted by applicable law, in no event will ChicChic, our officers, directors, employees, representatives, subsidiaries, affiliated companies, its Artists using using the Platform, distributors, licensors, licensees, agents, service providers or others involved in creating, sponsoring, promoting, or otherwise making available the Platform, be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, production, profit, revenue or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Platform, (ii) the conduct or Content of users or third parties on, though, or following use of the Platform; or (iii) unauthorized access, use or alteration of your Content, even if ChicChic have been advised of the possibility of such damages.

    If ChicChic are liable under certain jurisdictions, ChicChic shall only be liable for direct damages suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to the Platform, up to an aggregate amount of the aggregate cost of your reservation as set out in the Affiliate confirmation email (whether for one event or series of connected events).

    ChicChic are not responsible (and disclaim any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Platform or Services and makes no representations, warranties, or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose.

    The relevant Artist is fully responsible and assumes all responsibility and liability in respect of the Services (including any warranties and representations made by the Artist). ChicChic are not a (re)seller of the Services. Complaints or claims in respect of the Services (including related to the offered (special/promotion) price, policy or specific requests made by the user) are to be dealt with directly by you. ChicChic are not responsible for and disclaim any liability in respect of such complaints, claims and (Service) liabilities.

    Whether or not the Service has been charged, or if ChicChic are facilitating the payment of the price or fee for the Service, the user agrees and acknowledges that the Artist is always responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the price or fee to the relevant tax authorities.

    ChicChic are not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the price or fee to the relevant tax authorities. ChicChic do not act as the merchant of record for any Service made available on the Platform.

    10. Tax Matters

    By using the Platform, you agree to comply with any applicable tax laws and fulfil all obligations to the tax authorities in a timely and complete manner.

    As between the parties, you will be responsible for the collection and payment of all your taxes together with the filing of all relevant returns, such as VAT and Intrastat returns and issuing VAT invoices/credit memos where required.

    ChicChic are not responsible for collecting, remitting, or reporting any VAT or other taxes arising from sales etc. on the Platform. Unless stated otherwise, all fees payable by you pursuant to these Terms are exclusive of all value added, sales, use and similar taxes, and you will pay any taxes that are imposed and payable on such amounts. If we are required by law or by administration thereof to collect any value added, sales, use or similar taxes from you, you will pay such taxes to us.

    If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.

    11. Privacy and Confidentiality

    ChicChic respects your privacy. Please have a look at our Privacy Policy for further information. During your use of the Platform, you may receive Confidential Information. You agree that during the applicability of these Terms and 5 years after termination: (a) all Confidential Information will remain ChicChic’s exclusive property except for the user’s personal data owned by the respective user; (b) you and your affiliates will use Confidential Information only as is reasonably necessary for your use of the Platform; (c) you will not, and will cause your affiliates not to, directly or indirectly (including through a third-party) otherwise disclose Confidential Information to any individual, company, or other third-party except as required to comply with the law; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms; and (e) you will retain Confidential Information only for so long as its use is necessary for the use of the Platform or to fulfil your statutory obligations (e.g. tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfilment of statutory obligations.

    The foregoing sentence does not restrict your right to share Confidential Information with a governmental entity that has jurisdiction over you, provided that you limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity. You may not issue any press release related to the Platform, or use our name, trademarks, or logo in any way (including in promotional material) without our advance written permission or misrepresent or embellish the relationship between us in any way.

    We act as a data controller of any personal data collected on the Platform and transfer the personal data on End Users to you for your own use as an independent data controller. Use of the personal data transferred to you may only be used for the purpose to fulfil bookings and order and providing agreed upon service provisioning to the customers. If you use the personal data for other purposes, it is your responsibility to ensure sufficient legal bases as laid out by applicable law. You must always keep personal data confidential (the above 5 years’ term limit does not apply to personal data).

    • Complaints

    Any claims or complaints by Customers against You, your Services (including related to the offered (special/promotion) price, policy or specific requests made by the End Users) are to be dealt with by You. ChicChic are not responsible for and disclaims any liability in respect of such complaints, claims and (Service) liabilities.

    Any such claims or complaints must be submitted promptly by the Customer, but in any event within 48 hours after the scheduled day of receipt of the Service. Any claim or complaint that is submitted after the 48 hours period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.

    13. Transfer of Rights

    These Terms are personal to you as an Artist. You may not assign, novate, or otherwise dispose of the Terms to any third-party, including because of a change of control, via operation of law, or otherwise, without the prior consent in writing of ChicChic. ChicChic are entitled to assign, novate, or otherwise dispose of its rights and obligations under these Terms wholly or partly, including the assignment of all its rights and obligations under the Terms to another business unit outside ChicChic.

    14. Miscellaneous

    ChicChic retains the right to immediately halt any Transaction, prevent or restrict access to the Platform or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by legislation, the Terms of Use, etc.

    The authentic language of these Terms of Use and subsidiary or associated documentation is English, and any translations provided are for convenience only. In the event of any conflict or difference in interpretation between the English language version of these Terms and subsidiary or associated documentation and any translation of them, the English language version and interpretation will prevail.

    These Terms represent the entire Agreement between the parties with respect to the Services and related subject matter described herein and supersede any previous or contemporaneous oral or written agreements and understandings.

    15. Governing Law and Jurisdiction

    Any disputes arising out of or related to these Terms and/or any use by you of the ChicChic Platform shall be governed by the laws of England and Wales, without regard to its choice of law rules and without regard to conflicts of laws principles.

    If any provision of the Terms is or becomes invalid, unenforceable, or non-binding, you shall remain bound by all other provisions hereof. In such an event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of the Terms.

    Last Updated: 5-12-2021