These terms govern your use of our application (“App”) and any services you order via the App (“Services”).
BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE TO THESE TERMS, WHICH WILL BIND YOU.
BY PLACING AN ORDER VIA THE APP, YOU AGREE TO THESE TERMS INSOFAR AS THEY RELATE TO THE SERVICES.
If you download the App onto any phone or other device not owned by you, you undertake that you have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
These terms may have changed since you last reviewed them
These terms are effective from [].
Appstore terms also apply
The ways in which you can use the App may also be governed by the terms and conditions of the relevant application store from which you purchased or downloaded the App. Therefore, please also review and ensure that you comply with those terms and conditions.
Operating system requirements
This App requires the following types of operating systems:
- Android 5.0 or later (Android 6.0 or later versions are recommended for a better experience); or
- iOS 11.0 or later (iOS 13.0 or later versions are recommended for a better experience).
Who We Are
We are Umia Technology Inc., trading as Umia Beauty, a company registered in Canada with business number BC1484252. In Malaysia, our postal address S-02-07-01, Cappella Embassy (D'Rapport) Ampang, Jalan Nipah, Berembang, 55000 Kuala Lumpur, Malaysia.
You can contact our Customer Service Team at support@umia.beauty.
How You May Use the App
In return for your agreeing to comply with these terms, you may download a copy of the App onto a mobile or handheld device and, subject to these terms and conditions, view, use and display the App on such devices for your personal purposes only and to update the App incorporating "patches" and corrections of errors as we may provide to you.
In some instances, we may specifically authorise you to use the App in the context of your business under the terms of a separate agreement with you or your employer However, these terms and conditions will continue to apply to your use of the App.
By Using the App, You Agree That You Will:
- not copy, reproduce or duplicate the App;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program as permitted and in accordance with applicable laws, including the Copyright Act 1988 (“Permitted Objective”), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
You Must:
- not use the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services;
- not transmit any material that is defamatory, offensive or otherwise objectionable;
- not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
Where to find information about us, our app and our services
You can find everything you need to know about us, Umia Beauty, and our services on our website and/or on the App before you order. If you place an order/make an appointment with us via the App, we also confirm the key information to you in writing after you order by email and in your account.
Orders for Services Placed With Us or Third Parties
the terms of the services you wish to purchase will depend on who you enter into a contract with. If you place an order via our App and make payment for the services via our App, then your contract for the services will be with us, and these terms in so far as they apply to services, will apply to the purchase.
If you use our App to select a service, but are re-directed to a third party website to place the order and make a payment, then your contract for the services will be with the relevant third party and their terms will apply to purchase of services.
We Only Accept Orders When We've Checked Them
We will contact you by email to confirm your order once it is accepted. You can also see your upcoming appointments in the App.
Sometimes We Reject Orders
Sometimes we reject orders, for example, because the venue does not have capacity or is unavailable (including due to an emergency), because we believe our service is being misused or abused or because the service was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid in advance for services which you have not or won't receive.
When We Charge You for the Services
When you place your order, your credit card will be authorised for the full amount of the relevant order but will not be charged until 2 hours before your scheduled appointment time unless the any applicable consumer cancellation rights apply to your booking and your appointment is within 24 hours from the date on which you place your order and the contract for those services comes into existence.
We Pass on Increases in SST
If the rate of SST changes between your order date and the date we supply the service, we will adjust the rate of SST that you pay, unless you have already paid in full before the change in the rate of SST takes effect.
Your Obligations
You must comply with our Health and Safety Policy and the instructions and user guidance on the machine when you turn up for your appointment.
You should also read and familiarise yourself with our FAQs (frequently asked questions) which provides advice as to the condition in which your nails should be in for your appointment in order to receive a satisfactory service.
We're Not Responsible for Delays Outside Our Control
If our supply of the service to you is delayed by an event outside our control, such as your chosen location being closed due to an emergency situation, we will contact you as soon as possible to let you know of the delay and do what we can to reduce or minimise the delay. As long as we do this, we will not be liable to compensate you for the delay. However, if the delay is likely to be substantial, you can contact our Customer Service Team at support@umia.beauty to end the contract for the Services and receive a refund for any services you have paid for in advance, but not received.
We charge you if you do not turn up to your appointment and have not cancelled or re-arranged your appointment in accordance with these terms
If you have not cancelled your appointment in accordance with these terms, and do not turn up for your appointment, you will be charged the full amount of the relevant order and will not be entitled to any refund.
We charge you if you turn up to your appointment but cannot comply with our health and safety policy or your nails are not in the recommended condition to receive the services and you have not cancelled or re-arranged your appointment in accordance with these terms
You, and your nails, must comply with our Health and Safety Policy available. If you cannot comply with this you should cancel or re-arrange your appointment. If you turn up to your appointment and cannot comply with the Health and Safety Policy, and have not cancelled or re-arranged your appointment in accordance with these terms, then you will be charged the full amount of your order and will not be entitled to any refund.
Please refer to our FAQs (frequently asked questions) which provides advice as to the condition in which your nails should be in, in order to receive the Services and to receive the Services in a satisfactory manner. If you turn up to your appointment and your nails are not in the recommended state, and you have not cancelled or re-arranged your appointment in accordance with these terms, then you will be charged the full amount of you order and will not be entitled to any refund.
Your right to amend your order for services
Notwithstanding your cancellation rights below, you can amend the date and time for the services via the App, at any point up to 2 hours before the original time and date, as confirmed in the order confirmation email sent to you.
Because you have purchased services via the App, you have a legal right to cancel your order within 24 hours
Your legal right to change your mind. For most of our services, you have 24 hours after the date we confirm your order by email to change your mind about a purchase, but you lose the right to cancel any service, when it's been completed (and you must pay for any services provided up to the time you cancel).
How to let us know and what happens next. If you change your mind during the 24 hours following the date we confirm your order by email, contact our Customer Service Team: support@umia.beauty, cancel your appointment via the App (up to 2 hours before the appointment time and date) or fill in the online form [at LINK TO, OR WEB ADDRESS OF, ONLINE CANCELLATION FORM]. If you have paid for the services in advance, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.
Your right to cancel outside of the 24 hours from the date we confirm your order
If you change your mind within 24 hours following the date we confirm your order by email, then you may cancel your appointment or amend the date and time of your appointment at any point up to 2 hours before the original time and date, as confirmed in the order confirmation email sent to you. You can cancel or amend the appointment via the App. If, however, you cancel or amend the appointment within 2 hours of the original appointment date and time, then we will charge you will be charged the full amount of the order and will not be entitled to any refund
You have rights if there is something wrong with your service
If you think there is something wrong with your service, you must contact our Customer Service Team at support@umia.beauty. We may ask you for photos and other evidence in relation to your complaint or dissatisfaction.
Your legal rights are summarised below. These are subject to certain exceptions, as permitted under applicable laws.
If you are dissatisfied with the service and your nails were not presented (at the start of the appointment) in the recommended conditions (as set out in our FAQs (frequently asked questions)), then you may not be entitled to a refund or repeat service.
Summary of your key legal rights |
|---|
The Consumer Protection Act 1999 says:
|
We Can Change Services and These Terms
Changes We Can Always Make. We can always change a service:
- to reflect changes in relevant applicable laws;
- to improve performance, enhance functionality, reflect changes to the operating system or to add new features; and
- to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the service.
Changes we can only make if we give you notice and an option to terminate.
We can also make the following types of change to the service or these terms, but if we do so we'll notify you and you can then contact our Customer Service Team at support@umia.beauty to end the contract before the change takes effect and receive a refund for any services you've paid for in advance, but not received.
If we notify you of a change to these terms and you do not accept the new terms, you will not be permitted to continue to use the App.
We can suspend supply (and you have rights if we do)
We can suspend the supply of a service. We do this to:
- deal with technical problems or make minor technical changes;
- update the service to reflect changes in relevant laws and regulatory requirements; or
- make changes to the service (see We can change services and these terms).
We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we're going to suspend supply, you can contact our Customer Service Team at support@umia.beauty to end the contract and we'll refund any sums you've paid in advance for services you won't receive.
We Can Withdraw Services
We can stop providing a service. We let you know as far as possible in advance and we will refund any sums you've paid in advance for services which won't be provided.
We Can End Our Contract With You
We can end our contract with you for a service and claim any compensation due to us if:
- you don't make any payment to us when it's due;
- you do not comply with your obligations under these terms, including to comply with our Health and Safety Policy;
- you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the service;
- we reasonably believe that you are abusing the services, our booking system, or the machines, or not following the instructions or user guidance on the machines; or
- you have broken or breached these terms and conditions in a serious way.
If We End Your Rights to Use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
Liability and Compensation
We Don't Compensate You for All Losses
We're not responsible for losses you suffer caused by us terminating this contract if the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
- Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions or guidance for use.
We Are Not Responsible for Other Websites
The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
We Use Your Personal Data as Set Out in Our Privacy Notice
By using the App and the Services, you confirm that we have read and understood our Privacy Notice and agree that we may use your personal data as explained in the Privacy Notice.
Intellectual Property Rights
All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
Other Important Terms
You Have Several Options for Resolving Disputes
Our customer service team: Our Customer Service Team at support@umia.beauty will do their best to resolve any problems you have with us.
You can go to court: These terms are governed by Malaysian law and wherever you live you can bring claims against us in the courts of Malaysia. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
Contract Transfer and Assignment
We can transfer our contract with you: We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.
You may not transfer your contract: You cannot transfer the contract to someone else.
Other Terms
Nobody else has any rights under this contract: This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply: If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later: We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn't mean we can't do it later.