1. Introduction –
- 1.1 PhorestTips enables stylists, colourists, beauticians, barbers, therapists, technicians, clinicians and other hair and beauty professionals who are employees (Salon Employees, Users) of participating salons, barber shops, spas, medi-aesthetic clinics or other businesses (Salons or you) to collect gratuities or tips (Tips) directly from Salon end customers (End Customers), and receive settlements of these Tips directly to the Salon Employee’s own PhorestPay account.
- 1.2 To use PhorestTips, Salon must have a Phorest subscription and PhorestPay account (including a PhorestPay card terminal). You must download PhorestGo and fully register a PhorestTips account (Account) to use the PhorestTips service.
- 1.3 These PhorestTips Terms and Conditions (PhorestTips Salon Terms) govern your use of PhorestTips where you are acting as a Salon. The Phorest Terms and Conditions (Phorest Platform Terms) are incorporated into these PhorestTips Salon Terms by this reference, as applicable. Where there is a conflict between the PhorestTips Salon Terms and the Phorest Platform Terms, the PhorestTips Salon Terms will take precedence in relation to your use of PhorestTips and the Phorest Platform Terms will take precedence in relation to the Phorest Platform.
- 1.4 Your Salon Employees who avail of PhorestTips do so at their sole discretion and will independently be subject to the PhorestTips Terms in their use of PhorestTips and will be customers of Phorest. You acknowledge that you shall not exercise any influence, nor have any control, over the distribution of Tips to Salon Employees.
- 1.5 These PhorestTips Terms should be read in conjunction with the Phorest Platform Terms, the Phorest Platform Privacy Policy and Cookie Policy, which together comprise the Agreement between us (Agreement).
- 1.6 PhorestTips Accounts are provided in partnership with Stripe, as our third-party payments services provider (Stripe). All PhorestTips Account holders will have a direct contractual relationship with Stripe pursuant to Stripe’s terms and conditions (Stripe Terms). Please read these terms and the Stripe Terms carefully as your continued use of PhorestTips constitutes your acceptance of these PhorestTips Terms.
- 1.7 Phorest reserves the right to update, replace or otherwise modify these PhorestTips Salon Terms and the PhorestTips service at any time with or without prior notice and without liability to you.
- 1.8 Phorest makes no guarantee or representation that the Phorest Tips service will be available at all times or without interruption. Where Phorest receives notification of modifications to the Stripe Terms, Phorest will make reasonable endeavours to notify you of such modifications.
2. PhorestTips Account Set Up
- 2.1 To enable your participating Salon Employees to avail of PhorestTips, participating Salons will facilitate the setting up of PhorestTips Accounts in the manner described below:
- (a) participating Salons will communicate with Salon Employees informing them of PhorestTips and PhorestGo;
- (b) participating Salons will update each Salon Employee’s staff profile page in Phorest, to indicate their participation in PhorestTips; and Phorest will then initiate the enrolment of pre-registered accounts for Users (Pre-Registered Accounts) and will direct Users to Stripe to complete the PhorestTips account registration process.
- 2.2 Once the process has been completed, a User will be a holder of a PhorestTips Account and will be a recipient of Stripe Services as defined in and pursuant to the Stripe Terms.
3. Your obligations
- 3.1 As a participating Salon, you will:
- (a) act in good faith;
- (b) permit your PhorestPay card terminal to be used for executing PhorestTips payments to eligible Salon Employees;
- (c) ensure that PhorestTips Accounts do not use the PhorestTips services in breach of this Agreement, the Stripe Terms or for any activity that is prohibited by applicable law;
- (d) immediately inform Phorest if you become aware that a PhorestTips Account is engaging in any activity that is fraudulent, deceptive or harmful, or in breach of this Agreement or the Stripe Terms;
- (e) cooperate with Phorest to reduce the risk of fraud or other misuse of the Phorest Tips services, including by providing relevant information to Phorest where requested; and
- (f) promptly deal with any complaint or enquiry relating to PhorestTips which relate to the Salon’s responsibilities or inform Phorest of any complaint which is relevant to Phorest’s provision of PhorestTips.
- 3.2 The following restrictions govern your use of PhorestTips and your PhorestTips Account. You shall not:
- (a) reproduce, copy or sub-license the PhorestTips service;
- (b) undertake to remove any notices (including copyright and proprietary) contained within the PhorestTips service;
- (c) deploy or employ PhorestTips in a manner to infringe the rights of Phorest or a third party;
- (d) use PhorestTips contravening any applicable law or regulation or to violate the privacy or personal rights of any persons or in a manner that could be construed as or is defamatory, obscene, threatening or abusive;
- (e) use PhorestTips to provide products, services and/or goods relating to the provision of services and/or goods other than those provided in the salon or spa industry;
- (f) make participation with PhorestTips compulsory or purport that the use of PhorestTips is compulsory for any Salon Employee or
- (g) exert any control over Tips or purport to do so.
- 3.3 You are responsible for all activity initiated by you, your representatives, and any individual or entity using your credentials, including your PhorestTips Account login and password and any of your dashboard or similar services or functions as may be provided by Stripe under the Stripe Terms. Notwithstanding anything to the contrary in these PhorestTips Terms, where Phorest incurs any losses, damages or costs based on unauthorised activity initiated by you or on your behalf, then you agree to indemnify and hold Phorest harmless for those losses, damages or costs.
- 3.4 You are responsible and liable for all activity on your Phorest Account, whether initiated by you or not, including without limitation all transactions, payment instructions, disputes, refunds, reversals, associated fines and any use of the PhorestTips services in a manner prohibited under this Agreement or the Stripe Terms, as applicable. You are liable to Phorest for amounts owed by the PhorestTips Account to Stripe, and Phorest may collect these amounts from you in accordance with these PhorestTips Salon Terms.
- 3.5 You are responsible for any fees, deductions and representments which arise from any and all chargebacks filed by End Customers, including those for any PhorestTips payments.
- 3.6 Phorest reserves the right to exercise all rights and remedies available where Phorest’s rights are infringed in connection with your use of the PhorestTips service.
4. Privacy
- 4.1 In relation to data processing where you are the data controller and Phorest is the data processor or a separate data controller and Phorest shares data with you or relies upon you to share personal data with Phorest, you must provide all notices and obtain all necessary rights and consents for Phorest to lawfully process personal data relating to PhorestTips.
- 4.2 Phorest may refuse to process account data as you instruct if Phorest reasonably believes complying with your instructions would require Phorest to violate applicable law, this Agreement or the Stripe Terms.
5. Indemnity
You will defend, indemnify and hold Phorest harmless against any and all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of any breach by you of these PhorestTips Salon Terms or in connection with your use of the PhorestTips services.
6. Term and Termination
- 6.1 You may cease using PhorestTips by disabling the PhorestTips setting in the relevant Salon Employee staff page(s) on the Platform, provided that:
- (a) it is your obligation to inform the participating Salon Employee(s) that you are discontinuing use of PhorestTips; and
- (b) any refunds, chargebacks or other disputes filed by an End Customer for a payment including a Tip remain your responsibility for up to one hundred and eighty (180) days after the effective date of your termination of your PhorestPay service and this Agreement, as notified by you to us in writing
- 6.2 Phorest may terminate these PhorestTips Terms by notifying you (including by email):
- (a) immediately if you breach these PhorestTips Salon Terms; or
- (b) for any other reason, in which case we shall endeavour to give you at least seven (7) days’ notice.
- 6.3 These Phorest Tips Salon Terms commence on the date you accept these PhorestTips Salon Terms and shall terminate when:
- (a) any notice of termination is served on you by Phorest pursuant to clause 6.2; or
- (b) you de-register your PhorestTips account in accordance with, and subject to, clause 6.1.
7. Representations and warranties
- 7.1 You agree that you receive the PhorestPay service on an “as-is” or “as available” basis.
- 7.2 Phorest explicitly discounts any representations or warranties of any kind, whether express, implied, statutory, oral or written, with regards to the PhorestTips service and any such content made available through your use of PhorestTips (including any shared third-party materials), whether such representations or warranties arise by the operation of law or otherwise.
8. Governing law
- 8.1 You irrevocably agree that:
- (a) these PhorestTips Terms shall be governed by and construed in accordance with Irish law; and
- (b) the Irish courts shall possess exclusive jurisdiction to settle any dispute arising out of or in connection with these PhorestTips Terms and the performance of PhorestTips.
