iara

Allgemeine Nutzungsbedingungen

SUMMARY

This is a summary of our Terms of Use and does not replace reading the full version below.

 

• The services that you can purchase or book on the Website or the App are sold by the Providers and not by Iara. Iara only acts as an intermediary and is responsible for connecting Providers and Clients.

• The contract relating to the Services is entered into directly between the Client and the relevant Provider. Iara is not responsible for the Service delivered by the Providers. However, the Client may always inform Iara in case of a problem or if the Service provided does not meet the quality that can reasonably be expected of such a Service. In such cases, Iara undertakes to assist the Users as far as possible in order to help reach an amicable resolution of the issue.

• You must carefully check all details and restrictions related to a Service before making a Booking.

• The Client must ensure that they communicate to the Provider any medical information related to their health before each appointment.

• Iara reserves the right to deactivate a User Account in the event of a breach of these Terms of Use and/or where the User behaves in an inappropriate, abusive or unacceptable manner towards the Service, a Client or a Provider, whether by phone, email or in person.

• A Client wishing to cancel or modify a Booking may only do so in the cases provided for in these Terms, using their Account on the Website or the App, by following the link in the appointment confirmation email, or directly with the Provider.

• The conditions for cancellation, deposits and refunds are set by each Provider; Iara is not a party to the contract between the Client and the Provider. The "Iara Protection" may, at Iara's discretion, intervene in certain specific cases to help resolve a dispute (see Article 9).

 

Article 1 – Identification

Wiara Beauty (hereinafter "Iara"), a simplified joint stock company (SAS) with share capital of €61,000, whose registered office is located at 55 rue des Francs Bourgeois, 75004 Paris, France, registered under number 885 119 370 with the Paris Trade and Companies Register (RCS), and with VAT number FR00885119370, is the owner of the website www.iarabeauty.com.

The Website is hosted by OVH and is accessible via the URL www.iarabeauty.com.

 

Article 2 – Definitions

For the purposes of these Terms of Use, the following terms shall have the meanings set out below:

App / Application: the mobile application available on Android and iOS which enables the connection between Clients and Providers. Iara owns the App.

Client(s): persons using the Website and/or the App in order to book a Service with a Provider or to discover content shared by other Users.

Terms of Use / CGU: these terms and conditions of use of the Website.

Account: the User account created when registering on the Website or the App, containing the Content inserted by the User.

Content: all elements and information inserted on the Website on behalf of the Users. Each User remains the owner of and is responsible for the Content inserted on their Account.

Provider(s): any professional who wishes to register on the Website or the App in order to offer their services to consumers and benefit from the services provided by the Website or the App.

Service(s) / "Prestation(s)": the services provided by the Providers on the Website or the App.

Booking(s): an appointment between a Provider and a Client for the performance of a Service chosen in advance by the Client.

Service (with capital "S"): the matchmaking service between Clients and Providers provided by Iara via the App or the Website.

Website / Site: the Iara website which enables the connection between Clients and Providers. Iara owns the Website.

Stripe: the third-party online payment service provider.

Price(s) / Tarif(s): the prices applied by the Provider.

User: any person who has an Account; this term covers both Providers and Clients.

 

Article 3 – Purpose

• These Terms of Use must be complied with by all Users. They must be accepted prior to any account creation by ticking the relevant box. The Terms of Use govern the relationship between Iara and the Users, as well as the conditions under which the Service is operated. If the User refuses to agree to these Terms, they may not use the Service.

• Iara is an online hosting service acting as an intermediary, which provides Users with a virtual exchange space via the Website and the App, a structured catalogue and a news feed. Providers may sell Services to Clients, list their Services in the relevant catalogue on the Website and the App, use the online payment service, communicate via private messages, share their Content and use other additional services offered on the Website.

• The Service also allows Clients to locate Providers on a map, access their profile, make an online Booking and, in some cases, pay for the Service online.

• The fact that the Service is free for certain Users does not entail any transfer, whether for consideration or free of charge, of Users' personal data by Iara. For more information on the management of Clients' personal data, please refer to the Privacy Policy.

• Iara is not, under any circumstances, a party to the contract between the Provider and the Client. Iara is not responsible for the consequences of the contractual relationship formed between the Provider and the Client.

 

Article 4 – Access to the Website

• Access to the Website requires the User to have an internet connection. All costs relating to equipment and internet access are borne solely by the User.

• The User declares that they are aware of the characteristics and limitations of the internet, and in particular that:

  • data transmission over the internet is only technically relatively reliable and nobody can guarantee the proper functioning of the internet;
  • Iara has implemented significant security measures to protect access to the Service, but data transmitted over the internet may be intercepted or misused, and therefore the communication of passwords, confidential codes and, more generally, any sensitive information is carried out by the User at their own risk;
  • the internet is an open network and information transmitted in this way is not protected against the risks of diversion, fraudulent, malicious or unauthorised intrusion into the User's information system, hacking, alteration or unauthorised extraction of data, modification or malicious alteration of programs or files, or contamination by computer viruses. It is therefore the User's responsibility to take all appropriate measures to protect their own data and/or software stored on their servers against contamination by viruses and attempted intrusions into their system by third parties via the access service.

• Consequently, and with full knowledge of the characteristics of the internet, Iara disclaims all liability in the event of the occurrence of any of the above-mentioned events, unless they result directly from a fault attributable to Iara.

• Iara reserves the right to suspend, temporarily or permanently, at any time, access to the Website or the App for all Users, in particular in the event of maintenance, emergency, technical problems or for any other legitimate reason.

 

Article 5 – Registration

5.1 Duty to inform

• The User acknowledges having checked that the Service is suitable for their needs and having received all necessary information and advice to register in full knowledge of the facts.

• For transparency, to build trust, and for fraud prevention or detection purposes, Iara reserves the right to carry out any verification it deems useful and to ask the User to provide any supporting documents in order to justify the information provided at registration.

5.2 Term

• Registration for the Service is valid for an indefinite period. The User may stop using the Website at any time by sending a request by email to: hello@iarabeauty.com.

• For Providers who have subscribed to a paid plan, the end of the Service takes effect at the end of the current billing period. There are no refunds or credits for partial months or years.

• The Parties are bound by these Terms as from the day they are accepted by the User, when the Account is created.

5.3 Client registration

• To create an Account, the Client must be at least 15 years old. They acknowledge that they are registering in their own name and for their own personal use.

• The Client must provide Iara with all the requested information and documents. The Client is solely responsible for the accuracy of the information and documents provided, in particular the payment details transmitted, where applicable, to the payment service provider (Stripe) via the App. Such details are used exclusively for the payment of Services, subscriptions or commissions in accordance with Stripe's terms.

• In all cases, irrespective of the payment method chosen and where this is technically possible via the payment service provider, if the Service has not been paid for at the end of the appointment and no regularisation occurs within twenty-four (24) hours following the end of the Service, the amount may be automatically debited from the payment method registered by the Client, in accordance with Stripe's terms and conditions.

• When creating an Account, the Client must provide the following information: mobile phone number, first name, last name, email address, password and an identity document (only where total referral gains exceed €1,000).

• When registering on the Website, the Client must indicate their username (nickname), email address and password, which allows the Website to identify the Client each time they log in. Only the username (nickname) is visible to other Users.

• Iara may request confirmation of the Account for security purposes. Such confirmations may include the following actions: linking the Iara Account to a Meta, Google or other third-party account; confirming the phone number; requesting proof of ownership of the bank card; providing a one-time PIN code; or any other process that Iara may implement. All data collected will be used in accordance with the Privacy Policy, which forms an integral part of the agreement between Iara and the Users.

5.4 Provider registration

• To create an Account, the Provider must have legal capacity (be of legal age and capable). They acknowledge that they are registering in their own name and for their professional account.

• Registration for the Service is carried out directly by the Provider.

• When creating an Account, the Provider must provide the necessary identification documents as well as documents describing their qualification and authorisation to provide the Services. The Account may only be used by the registered Provider. Access to the Account is via login details and passwords which are strictly personal and confidential. The Provider undertakes to keep them secret and not to disclose them.

• In case of loss or theft of the login or password, the Provider must notify Iara without delay.

• The Provider certifies that the information concerning them is accurate and undertakes to keep it up to date via their Account.

• The Provider undertakes to use the Services personally and not to allow any third party to use them in their place or on their behalf.

• The Provider authorises their bank in advance to debit their bank account of the amounts shown on the statements sent by Iara, corresponding to the sums due for the use of the Service.

• The Provider will be able to benefit from the online payment feature once they have provided the additional information requested when updating their profile. Once this information has been verified, they may choose whether or not to accept online payments. Providers who have not been verified may accept Bookings but cannot accept payments through the App.

 

Article 6 – Referral programme

Provider referral

• Users may earn a commission by referring a Provider before they register. This commission is only paid if the new Provider activates their profile by subscribing to a paid plan on Iara. Only then will this commission appear in the virtual wallet of the User who referred the new Provider.

Recommendation commission

• A referring Client tags, on a post, the Provider or the Service featured in that post, and a second Client books a Service from that post. For the Booking to give rise to a commission, two cumulative conditions must be met:

  1. This must be the very first connection between the Client and the Provider generated by the post published by the referring Client; and
  2. This first connection between the Provider and the Client must result in a Service validated in the App by the Provider. The Service is considered validated if it results in an actual appointment.

• Once conditions (1) and (2) above are fulfilled, the commission is automatically transferred to the virtual wallet of the referring Client.

• The amount of the recommendation commission is determined based on the amount of the validated Service and is generally between 5% and 10% of the amount of the validated Service, capped at €15.

 

Article 7 – Listing of Services

• The Provider must ensure that their Services comply with the Catalogue rules.

• When listing a Service in the Catalogue, the Provider must complete the Service listing questionnaire. They must describe the Service as accurately as possible, indicate any precautions, specify the duration and set the price of the Service.

• By offering a Service, the Provider declares that it conforms to the description provided and that such description is exhaustive. Adding Services to a Provider profile is subject to subscription to a professional plan.

• The number of Services listed on a Provider's profile is unlimited. It is forbidden to list the same Services more than once on the Provider's profile.

• Listing a Service in the Catalogue constitutes an offer by the Provider to sell that Service, which may be accepted by a Client.

 

Article 8 – Online payment feature and virtual wallet

8.1 Payment service provider

• Online payments made via the Website or the App are processed by a third-party payment service provider, currently Stripe ("Stripe"). Iara is not a payment institution and does not hold funds on its own behalf (except for commissions and fees due to it in accordance with its commercial terms).

• When a Client pays for a Service online, the funds are collected and held by Stripe in a payment account opened and managed by Stripe for the benefit of the Provider, in accordance with Stripe's terms and conditions. Iara does not act as custodian of the funds and only acts as a technical intermediary to initiate the payment request and display transaction information in the App.

8.2 Payment processing

• Some Providers allow Clients to pay for the Service directly online. This payment is made via the payment interface integrated into the Website and the App, operated by Stripe.

• Where the Client makes an online payment, they must provide their bank or payment details to Stripe. Such data are processed by Stripe and, where applicable, by Iara only to the extent strictly necessary for the technical functioning of the Service (identification of the transaction, payment status, etc.).

• The Client remains free not to use online payment. In this case, payment is made directly between the Client and the Provider, under their sole responsibility, without any involvement or guarantee from Iara.

• If the Client chooses online payment, they are deemed to have accepted the Provider's offer as soon as they click "confirm and pay" on the payment page. The Client acknowledges that their acceptance constitutes a firm commitment to contract with the Provider under the conditions of the offer.

8.3 Virtual wallet

• The App may display, for certain Users, a "virtual wallet" or any apparent balance (commissions, referral earnings, amounts of Services pending payout, etc.).

• This virtual wallet is only a tool for viewing the balance communicated by Stripe or calculated by Iara, and does not constitute a bank account, a payment account or an electronic money account within the meaning of applicable regulations. Any corresponding funds, where they exist, are held and managed by Stripe under its own terms.

8.4 Transfers and €40 threshold

• Funds available in a Provider's virtual wallet may, where such functionality is offered in the App, be transferred to the bank account provided by the Provider, subject to:

  1. all required information having been provided and validated by Stripe; and
  2. the amount to be transferred being at least equal to the minimum payout threshold indicated in the App.

• Iara may set a minimum payout threshold, currently forty (40) euros.

• Transfers for an amount greater than or equal to this threshold may be carried out without additional fees for the Provider, unless otherwise stated in the App.

• For transfers below this threshold, Iara may, at its sole discretion, offer a payout subject to specific processing fees, the amount of which will be indicated on the Website and/or the App before the transfer is confirmed. The Provider remains free to accept or refuse such a payout below the threshold.

8.5 Security and fraud prevention

• In the event of suspected fraud or abusive use of the Service, Iara reserves the right to suspend the Account of the User concerned, temporarily block access to the virtual wallet and/or ask Stripe to suspend the processing of transactions for the duration of the necessary investigation.

• Under no circumstances shall such temporary suspension of an Account, a balance or a transaction give rise to any liability for Iara, except in the event of proven fault on its part.

 

Article 9 – Iara Protection and assistance in case of disputes

9.1 Role of Iara Protection

• "Iara Protection" is an assistance scheme set up by Iara to help Clients and Providers resolve certain disputes related to Services paid online via the App. It does not change the nature of the contract, which is entered into exclusively between the Provider and the Client, and does not make Iara a party to that contract.

• Iara Protection does not constitute insurance, nor a statutory or contractual guarantee of result. Iara only intervenes as a technical and commercial intermediary and facilitator.

9.2 Eligibility conditions

• Iara Protection may, at Iara's sole discretion, be implemented in the following cases:

  1. Service not performed (Provider no-show) even though an online payment has been made;
  2. Service that is clearly and substantially non-conforming to the description published by the Provider in the App.

• The Client must report the issue to Iara's customer support within a maximum of twenty-four (24) hours from the scheduled date and time of the Service, using the contact methods indicated on the Website or in the App. After this period, the transaction may be considered definitively completed and non-contestable under Iara Protection.

9.3 Assistance process

• In the event of a report, Iara may:

  1. temporarily suspend the release of funds to the Provider with Stripe, where this is still technically possible;
  2. contact the Provider and the Client to obtain their explanations, as well as any supporting documents (photos, screenshots, exchanges, etc.);
  3. propose an amicable solution (new appointment, commercial gesture, full or partial refund, etc.).

• Where the Provider and the Client reach an amicable agreement and inform Iara, Iara undertakes, to the extent technically and contractually possible, to implement the agreed solution (for example: refund via Stripe, cancellation of the transaction, etc.).

• Failing an amicable agreement, Iara may, at its sole discretion and without acknowledging any liability:

  1. recommend that the Provider proceed with a full or partial refund; or
  2. decide to refund all or part of the amount paid to the Client, either on its own behalf or on behalf of the Provider if the latter agrees.

9.4 Limitations of Iara Protection

• Iara Protection:

  1. only applies to Services paid online through the payment service integrated into the App;
  2. does not cover payments made directly between the Client and the Provider outside the App;
  3. does not replace any legal remedies available to the Client or the Provider (consumer law, contractual liability, etc.).

• Under no circumstances does Iara's decision whether or not to intervene under Iara Protection create any right to an automatic refund or any general obligation of result for the benefit of Users.

• Any intervention by Iara under Iara Protection may never result in Iara being obliged to pay the Client an amount greater than the amount actually paid via the App for the Service concerned. Iara does not pay any additional compensation for indirect damages, loss of chance, moral damage or any other type of loss.

 

Article 10 – Gift cards

10.1 Purpose

• Iara gift cards allow their beneficiary to use a prepaid amount to book and/or pay for Services with Providers listed on the Iara App.

10.2 Purchase conditions

• Iara gift cards can only be purchased by Clients who hold a valid Iara Account.

• The amount of the gift card is freely determined by the Client, provided it is strictly higher than €50.

• Payment for the gift card is made using the payment methods offered on Iara at the time of purchase.

10.3 Conditions of use

• The gift card can only be used within the App.

• It can only be used to pay for Services offered by Providers listed on Iara.

• The gift card cannot be used for any digital product, subscription, paid option or other digital service offered by Iara.

• It may not, under any circumstances, be exchanged for cash, transferred or resold.

• Use of the gift card is limited to the available balance. If the price of the Service exceeds the remaining balance, the Client must pay the difference using a valid payment method.

• The available balance is automatically updated after each use.

10.4 Validity period

• Unless otherwise specified at the time of purchase, Iara gift cards are valid for twelve (12) months from their date of purchase.

• After this period, any unused balance is permanently lost and cannot be refunded.

10.5 No refund

• Gift cards are neither refundable nor exchangeable, including in case of loss, theft, expiry, incorrect email address, deletion of the User Account or any other incident.

• No refund can be made once the gift card has been sent, except in cases provided for by applicable law (for example: exercise of a statutory withdrawal right, only if the card has not been used and within the legal time limit).

10.6 Delivery to the beneficiary

• The gift card is delivered electronically (email, link or unique code).

• The purchaser is solely responsible for the accuracy of the information provided for sending the gift card. Iara cannot be held liable in case of error in such information.

10.7 Fraudulent use

• Iara reserves the right to suspend or cancel any gift card in the event of fraudulent use, attempted fraud, or breach of these Terms.

10.8 Liability

• Iara cannot be held liable in the event of loss, disclosure or unauthorised use of the gift card code by a third party.

• Providers remain solely responsible for the Services performed in connection with a Booking paid using a gift card.

 

Article 11 – User obligations

11.1 Use of the Service

• The Client agrees not to use the Service for purposes other than those set out in these Terms, and in particular not to use it for professional, commercial or unlawful purposes.

• The Service provides a search engine allowing Users to find Providers by type of services, username and geographic area.

• Once a Provider is selected, the Client chooses a Service and then a Booking slot for that Service.

• If the Client is unable to attend the appointment, they may cancel the Booking in accordance with the Provider's service terms and conditions.

• The User is solely responsible for their use of the Services and, in particular, for the relationships they may establish with other Users and the information they communicate to them via the Services. It is up to the User to exercise appropriate caution and judgement in these relationships and communications. The User also undertakes, in their exchanges with other Users, to act in good faith.

11.2 Payment for the Service

• A confirmation of the Service is sent by email where payment is made via the Website or the App. Otherwise, an invoice will be issued by the Provider at the time of on-site payment.

• The Service is only a matchmaking tool between Users. Neither Iara nor its subcontractors intervene in the contractual relationship between the Client and the Provider. The price of the Service is therefore set by the Provider. The price must be paid by the Client:

  1. either on the day the Service is performed, directly to the Provider;
  2. or at the time of Booking, if online payment is available.

• In the latter case, payment is made by bank card when confirming the appointment. Payment is secured and Stripe's terms of service apply when using this payment method.

• The conditions of cancellation, deposits and refunds applicable to a Service are set by each Provider and specified on their profile or at the time of Booking. Iara is not a party to the contract between the Client and the Provider and does not set these conditions. Iara Protection may, at Iara's discretion, intervene in certain limited cases to help resolve a dispute relating to a Service paid online (see Article 9).

• Clients are informed that, in principle, a right of withdrawal applies to service contracts concluded at a distance between a professional and a consumer, to be exercised within fourteen (14) days from conclusion of the contract. They are expressly informed and accept that the Services are provided to them as from their registration and are therefore fully performed before the end of the withdrawal period mentioned above. Consequently, they expressly waive their right of withdrawal, which cannot be exercised, in accordance with Article L.121-21-8 of the French Consumer Code.

11.3 Respect for Iara's intellectual property rights

• Unless otherwise stated, the elements accessible on the Website, such as databases, management tools, texts and, more generally, all information made available to the User, are the full and exclusive property of Iara.

• The User shall refrain from:

  • copying, reproducing or decompiling all or part of the Website or the App by any means and in any form;
  • using the Website or the App in any way other than as strictly permitted under these Terms;
  • extracting, by temporary or permanent transfer, or using, by making available to the public, all or a substantial part (in quantitative or qualitative terms) of the Website, the App or other databases visible on the Website or the App, for commercial or other purposes;
  • repeatedly and systematically extracting or using all or part of the information visible on the Website or the App where such operations clearly exceed normal, private use of the Service provided by Iara;
  • exploiting, marketing or distributing any component of the Website or the App, in particular the information visible on the Website or the App and any other database;
  • using software or manual processes to copy Iara's web pages or to record or collect information on these pages without Iara's prior express written consent;
  • using devices or software to disrupt or attempt to disrupt the proper functioning of the Service; or taking actions that would impose an unreasonable load on its infrastructure.

• User registration only grants a personal, private, non-transferable and non-exclusive right of use.

• It is strictly forbidden to use the Services for:

  • carrying out illegal or fraudulent activities or activities that infringe the rights or safety of third parties;
  • breaching public order or violating applicable laws and regulations;
  • intruding into a third party's computer system or any activity intended to harm, control, interfere with or intercept all or part of a third party's computer system, or to violate its integrity or security;
  • sending unsolicited emails and/or commercial prospecting or solicitation;
  • performing actions intended to manipulate search engine rankings of a third-party website or app;
  • assisting or encouraging, in any form and by any means, one or more of the acts and activities described above, and more generally any practice that misuses the Services for purposes other than those for which they were designed.

• Users are strictly forbidden from copying and/or diverting for their own or third-party benefit the concept, technologies or any other element of Iara. In particular, it is forbidden to insert any part of Iara into a mirror site without Iara's prior written consent, or to use any meta tag or code or other device containing any reference to Iara for the purpose of directing individuals to another app or website.

• The following are also strictly prohibited:

  • any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services;
  • any intrusions or attempted intrusions into Iara's systems;
  • any diversion of Iara's or the Website's system resources;
  • any actions likely to impose a disproportionate load on their infrastructure;
  • any breach of security and authentication measures;
  • any act likely to infringe the financial, commercial or moral rights and interests of Iara or the Users of the App;
  • and more generally, any breach of these Terms.

• It is strictly prohibited to monetise, sell or grant all or part of access to the Services or to Iara, as well as to information hosted and/or shared therein.

• Iara expressly reserves all rights to the domain name www.iarabeauty.com and related domains and subdomains, the name Iara, its logo, its service marks, trade names and/or trademarks. Other trademarks, products and company names mentioned on the Website or the App may be the property of their respective owners or licensors, and rights in these trademarks are reserved to their respective owners or licensors.

 

Article 12 – Iara's liability

12.1 Liability

• As an intermediary connecting Clients and Providers, Iara cannot be held liable for any act or event occurring during the performance of the Service.

• Iara's liability cannot be engaged in case of any payment issue, whether it occurs online or directly with the Provider. Iara does not guarantee the solvency, honesty or behaviour of Providers or Clients. In particular, Iara cannot be held liable in case of theft, fraud, assault, damage, abusive use of payment methods or, more generally, any criminal or fraudulent behaviour attributable to a Provider or a Client in connection with a Service or the use of the Services. In such situations, the Provider and/or the Client remain solely responsible and are responsible for enforcing their rights through appropriate legal channels against the third party concerned and, where applicable, before the competent authorities.

12.2 Liability during Services

• The Client undertakes to honour their commitment to attend the appointment and acknowledges that, otherwise, fees may be charged. In case of no-show at the appointment, the Client will not be refunded the deposit. Iara Protection does not apply in case of Client no-show.

• The Client is solely responsible for their behaviour during the performance of the Service. It is their responsibility to attend in person and on time at the appointment agreed with the Provider.

• Iara undertakes to provide the Services with due care and in accordance with industry practice, it being specified that it is subject to an obligation of means only, not an obligation of result, which Users expressly acknowledge and accept.

• Iara does not provide beauty or personal care services and does not act as a beauty professional. All beauty services are provided by independent third-party Providers who are not employees of Iara or any of its affiliates.

• Iara does not guarantee uninterrupted availability of the platform and the Service. Iara will use its best efforts to provide the Service reliably and continuously, but cannot guarantee that it will be free from technical issues.

• Iara can in no event be held liable for any difficulties that may arise during the conclusion or performance of the Services, nor be a party to any dispute between a Client and a Provider relating in particular to warranties, statements or other obligations of any kind to which the Client or the Provider may be bound.

• The Provider acknowledges that no one can guarantee the proper functioning of the internet. Iara undertakes to take all reasonable security measures to protect the Website and the App and secure access to them.

• The User undertakes to inform Iara within twenty-four (24) hours from discovering any technical malfunction preventing them from accessing or properly using the Service.

• Iara does not guarantee that the Service will be free from anomalies or errors, nor that such anomalies or errors can be corrected.

• The User is informed of the inherent limitations of the internet and uses the Service at their own risk. In particular, the User is requested to back up their data, and Iara cannot be held liable in case of data loss.

• Access to the Service being free of charge for Clients, they agree not to seek any compensation or damages from Iara or from the Provider in the event of interruption or stoppage of the Service, whether such stoppage is temporary or permanent.

• More generally, Iara cannot be held liable for any damage caused by force majeure, by the User or by a third party, nor for any indirect and/or unforeseeable damage.

• For Services, the Service made available to Users is only an intermediary tool. Iara cannot be held liable for any event detrimental to the User in connection with the performance or non-performance of the Service ordered.

• All Visitors and Users are fully responsible, as publishers, for all information they post on the Website or the App and, where applicable, for the Services they offer, sell, exchange or transfer to other Users.

• In case of reporting of suspicious behaviour or unlawful content, the User may contact Iara:

  1. by email at hello@iarabeauty.com; or
  2. by sending a detailed letter to: Wiara Beauty, 55 rue des Francs Bourgeois, 75004 Paris, France.

• In all such cases, Iara may suspend the Account of the User concerned and any ongoing transactions pending the results of the investigation.

 

Article 13 – Iara's rights and obligations

• Iara may prohibit in whole or in part the use of the Website (by specifying the conditions of such limitation) or terminate the possibility for a Client or Provider to use the Website, in particular by deleting Content posted on the Website, cancelling the User's Account and preventing the User from re-registering on the Website or preventing the Visitor from accessing the Website, subject to Iara sending a formal prior notice to the relevant User or Visitor, if they:

  • breach or fail to comply with their obligations under these Terms, the Privacy Policy or other Website rules;
  • provide incorrect, misleading and/or incomplete information under these Terms at registration or when using the Website;
  • intentionally provide false information on the Website, insult others or act inappropriately;
  • use another User's identity or otherwise act unlawfully;
  • connect from the same IP address or computer as someone who has been blocked due to violations; or
  • have received at least two warnings from Iara.

• Under the same circumstances, Iara may, by sending a formal notice to the relevant User, limit in whole or in part the User's Account or the Visitor's access. Partial blocking means that the User will not be able to book a Service with a Provider or communicate with other Users. Total blocking means that the User's Account will be blocked and/or cancelled, and that access to the Website from the User's device will be blocked. The User must be aware that after a total block, they will no longer have the right to re-register on the Website.

• Cancelling a User's Account does not mean that Iara will delete all relevant information from the Account, including personal data, to the extent such data may be stored to understand the circumstances that led Iara to cancel the Account and to transfer such data to law enforcement or other competent authorities, in accordance with the Privacy Policy.

• Once duly notified in accordance with the above, Iara will delete any unlawful content.

• If the User does not agree with this right of Iara, they must refrain from using the Website. Iara may investigate any breach of the Terms and notify the competent law enforcement or regulatory authorities.

• Iara may, at any time, reorganise the Catalogue, ad spaces or other Service-related information, provided that such changes do not alter the Content supplied by the User, in order to make the Website easier to use. Iara may publish new features by posting descriptions, instructions or rules relating to them.

• Iara may, at any time, publish on the Website short-term or long-term offers, contests, games or lotteries compliant with national law, in order to offer new Services. Information relating to such offers, contests, games or lotteries will be provided on the Website. In the event of inconsistency between these Terms and special conditions published on the Website (such as rules, instructions and descriptions relating to new features), the latter shall prevail.

• Iara may terminate, suspend or assign the operation of the Website to third parties at any time, subject to notifying the Website Users with thirty (30) days' notice.

• Failure by the User to comply with the above provisions entitles Iara to close the User's Account without notice, compensation or damages.

• In case of breach by a User of any provision of these Terms or, more generally, of applicable laws and regulations, Iara reserves the right to take any appropriate measures, including:

  • deleting the Account of the User who committed the breach or offence, or took part in it;
  • publishing on Iara or on the Website any information message that Iara deems useful;
  • notifying any relevant authority;
  • bringing any legal action, including any action necessary to recover amounts owed for use of the Services.

• Iara reserves the right to initiate legal proceedings against the User.

• In case of breach by the User of an essential obligation under these Terms, Iara reserves the right to terminate the User's access to all or part of the Services with immediate effect, by letter, fax or email.

• Termination takes effect automatically on the date Iara sends written notice to the User pursuant to this clause. It automatically results in the deletion of the User's Account, without prejudice to any further consequences under these Terms.

• If several complaints from Providers relate to the same Client (late arrival to appointments, no-shows, etc.), the Client will be informed. Iara reserves the right to restrict this User's access to the Service.

• In case of damage to the workplace attributable to the Client, the Provider will charge the Client for repair or replacement costs at a flat rate of €100 including VAT.

• In case of more extensive repairs, the Client may be required to pay a higher amount based on the supporting evidence provided by the Provider. The amount due in case of damage to the workplace may be automatically debited from the bank account registered by the User in the App, where this is technically possible via the payment provider.

• Iara is not a party to any transaction between Users. Under no circumstances does Iara buy, sell or exchange services presented on the Website, nor does it purport to do so.

• Iara reserves the right to offer any other useful Service, in such form and with such features and technical means as Iara considers most appropriate.

 

Article 14 – Published Content

• The Provider must not pass off another professional's work as their own, i.e. they must not tag themselves on a photo belonging to another professional.

• The Provider is solely responsible for obtaining all necessary consents from Clients appearing in any photos or content they publish (image rights, personal data, etc.) before sharing such content on Iara. The Provider indemnifies Iara against any claim or action by third parties relating to the use of such content.

• As Iara is a public community, Content will be visible to other Users of the App worldwide. The User must ensure they are comfortable sharing Content before publishing it, in particular where it relates to Clients. The User accepts that Providers' Content may be viewed by other Users and by any person visiting, participating in or receiving a link to the App.

• By uploading Content to Iara, the User represents and warrants that they have all necessary rights and licences to do so, and automatically grants Iara a non-exclusive, royalty-free, perpetual and worldwide licence to use the Content in any manner (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, incorporating into other works, advertising, distributing and making such Content available to the public, in whole or in part and in any format or medium now known or hereafter developed).

• Iara has the right to delete, edit, restrict or block access to any Content at any time and has no obligation to display or review Content prior to publication.

• Clients may also share Content via the App. Client Content belongs to the User who published it and is stored on Iara's servers and displayed via the App according to the instructions of the User who provides the Content.

• The User has no rights over Client Content posted by other Users and may only use other Users' personal information to the extent that such use is consistent with Iara's purpose of helping people connect with each other. The User may not use other Users' information to send spam, harass or make illegal threats. Iara reserves the right to terminate a User's Account if they misuse other Users' information.

• The remainder of the Content on Iara belongs to Iara. All other texts, content, graphics, user interfaces, trademarks, logos, sounds, illustrations and other intellectual property appearing on Iara are owned, controlled or licensed by Iara and are protected by copyright, trademark and other intellectual property laws. All rights, title and interest in and to Iara's Content belong to Iara at all times.

• Iara grants the User a non-exclusive, limited, personal, non-transferable, revocable, non-sublicensable licence to access and use the Content, subject to the following conditions:

  • the User must not use, sell, modify or distribute Iara's Content, except where permitted by the App's features;
  • the User must not use the name "Iara" in meta tags, keywords and/or hidden text;
  • the User must not create derivative works based on Iara's Content or commercially exploit the Content, in whole or in part, in any way;
  • the User must use Iara's Content for lawful purposes only.

• Iara reserves all other rights.

 

Article 15 – Collection and processing of reviews

• All reviews published on the Website or the App are intended to reflect Users' genuine experience.

15.1 Collection of reviews

• Users who have not completed a Service with a Provider are not allowed to post reviews. No consideration is given to Users or to Iara in exchange for online reviews.

• If a review received is inappropriate or abusive, Users must inform Iara.

• Iara does not systematically review reviews before they are published by Users.

• Users' reviews of other Users must always be fair and honest. Lies and insults are prohibited.

• At the end of the pre-defined duration of the Service, a rating page appears on the User's Account. This page allows them to confirm that the Service took place and to indicate whether it went well. The Provider may also leave a review of the Client, but this review will not be visible on the Client's profile and will only be visible to the Iara team. The Provider may attach photos of the Service (which they may choose to publish on their profile or not). These photos will be used by the Iara team in case of a dispute between the Provider and the Client.

15.2 Moderation of reviews

• The Provider may respond to a Client's review once per review. The review (and the Provider's response, if any) will be published immediately on the Provider's Iara page and will also be viewable in the "Notifications" section of the App.

15.3 Reasons for deletion of a review

• A review may be deleted on the following grounds:

  • the review approves or encourages illegal or harmful activities, or contains coarse, vulgar, obscene, threatening, defamatory or discriminatory language;
  • the review does not concern a Service booked with a Provider;
  • the review is spam, unwanted contact or content distributed repeatedly or likely to disturb;
  • the review was created for advertising or commercial purposes.

• Iara is entitled to remove from the Website any reviews that breach these Terms or the rights of other Users, including reviews posted by Users who were not entitled to leave a review under these Terms.

15.4 Reporting a review

• Users may report a review that they consider suspicious on a Provider's page. They may send an email to hello@iarabeauty.com specifying the Provider concerned and the date of the review.

 

Article 16 – Interactions and messages on the Website

16.1 Private messages

• The primary purpose of private messages exchanged between Users is to share information relating to Services or Website Content.

• Therefore, if a User sends private messages to another User, they must ensure that they do not send:

  • advertising messages or information;
  • spam or content that spreads viruses or worms;
  • bulk messages of any kind (when a message is sent to more than five Users or when the same message is copied and sent to Users who have not requested to receive it);
  • messages containing text that is contrary to public decency and public order, inappropriate, insulting, defamatory or otherwise considered incompatible with these Terms and the interests of Users;
  • unlawful messages or messages otherwise intended to harm other Users and/or the Website.

• Iara uses automated software that, via algorithms, detects any content contrary to public decency and public order, or inappropriate, insulting or defamatory content communicated by a User via private messages. If a private message containing such content is detected by the automated software, the private message may be automatically blocked and/or hidden from the User receiving it. The User who sent the blocked and/or hidden private message will be notified of their obligation to comply with the Terms. Iara never has access to the content of private messages, including those blocked and/or hidden by the automated software.

 

Article 17 – Termination

• The Client may ask Iara to delete their Account, and Iara may stop providing the Service without notice or decide, for any of the reasons mentioned above, to suspend the Client's Account without having to pay any compensation or damages.

• The Client may request deletion of their Account by emailing hello@iarabeauty.com, in which case their data will be completely deleted within one (1) month, with no possibility of recovery, subject to any statutory retention obligations.

 

Article 18 – Assignment

• The User is expressly prohibited from assigning, for consideration or free of charge, any of the rights and obligations they hold under this contract.

• The Client undertakes to book Services only for their own benefit. It is forbidden to assign, free of charge or for consideration, a Service booked through the Service offered by Iara.

 

Article 19 – Advertising

• Iara reserves the right to insert, at any location in the App or on the Website, any advertising or promotional messages in such form and under such conditions as Iara shall determine.

 

Article 20 – General provisions

• No provision of these Terms shall be considered waived, supplemented or amended by either Party without a prior written act signed by the duly authorised representatives of the Parties in the form of an amendment to these Terms, expressly stating the decision to waive, supplement or amend a contractual clause.

• The fact that Iara does not invoke any provision of this Agreement and/or any breach by the User of any of their contractual obligations at a given time shall not be construed as a waiver by Iara of the right to invoke such provision or obligation at a later date.

• The User may terminate their relationship with Iara at any time with immediate effect, after fulfilling all their obligations and after cancelling their Account on the Website. The User may terminate their relationship with Iara in writing or electronically (email).

• Iara holds all intellectual property rights relating to the Website, its system (the Catalogue, their distribution, etc.), the Website design and software used by the Website, including trademarks and domain names.

• All notifications, requests and other information between the User and Iara shall be sent as set out in these Terms via the contact form on the Website, and to the User by email at the email address provided at registration.

• If any clause of these Terms is found to be invalid under any law or regulation, or following a final decision by a competent court, this shall not affect the validity of the remaining clauses, which shall remain in full force and effect between the Parties.

• Subject to applicable data protection laws, Iara may transfer/assign all rights and obligations under these Terms to any third party, in particular in the event of a business transfer, merger forming a new company, merger by absorption, demerger or any change of control affecting Iara. Such transfer/assignment releases Iara from its obligations in the future. In the event of such transfer/assignment of rights and obligations under these Terms to third parties, the User may immediately terminate their relationship with Iara and close their Account, including these Terms.

 

Article 21 – Governing law

• These Terms are governed by French law.

 

Article 22 – Dispute resolution

• In the event of a claim or dispute, the Client may contact Iara by email at: hello@iarabeauty.com.

• Iara may, at its sole discretion, amend these Terms in order to:

  • adapt the Terms to applicable or upcoming legislative or regulatory provisions;
  • adapt the Terms to any decision rendered by a court, consumer authority or any other competent authority impacting the content of the Website;
  • correct any error (for example, spelling mistakes or other types of error that do not alter the meaning of existing sentences) not previously detected;
  • make these Terms clearer or fairer;
  • reflect changes or developments in how Iara operates its business;
  • reflect changes in market conditions or industry practice.

• If no response is received from the customer service department within a reasonable period of one (1) month, or if the User is not satisfied with the response, the User and Iara may attempt to resolve the User's complaint amicably before bringing any proceedings before the competent courts.

• Users may seek to use alternative dispute resolution methods such as consumer mediation, although Iara is not obliged and does not commit to systematically using such alternative methods to resolve disputes with Users. In addition, disputes between Clients and Providers are not eligible for such consumer mediation.

• Failing an amicable solution and in accordance with Articles L.152-1 et seq. of the French Consumer Code, the User may refer the matter to a consumer mediator or use any alternative dispute resolution method with a view to resolving the dispute amicably. The User undertakes to inform Iara without delay of such referral. The solution proposed by the mediator or the mediation platform is not binding on the Parties.

• Failing an amicable agreement, the dispute will be submitted to the competent courts under ordinary law.

• In the event of a dispute between Iara and the User, the User must first:

  1. send a written complaint to customer support by email to: hello@iarabeauty.com.

• If no amicable solution is reached, the dispute may be brought before the competent courts in accordance with applicable law.