1.Introduction
1.1 These terms and conditions shall govern your use of our website, www.fleeknails.co.ke (the “Website”), social media pages being our Facebook, Instagram, Twitter or any other social media pages maintained by the company from time to time (the “Social Media”) and any booking made through the Website, by Phone or in-person at our via email (a “Booking”) and the terms and conditions relating to any beauty treatment services provided by us (the “Services”) Fleek Nails Kenya.
1.2 The term “we” means Fleek Nails Kenya, the owner and operator of the Website whose company registration name is Lola Nails KE (“us” and “our” will be construed accordingly).
1.3 The term “you” refers to the user or viewer of our Website, Social Media, or any person who makes a Booking or receives Services (and “your” will be construed accordingly).
1.4 By using our Website, Social Media or making a Booking, you agree to accept these terms and conditions. If you disagree with any of these terms and conditions, you must not use our Website, Social Media or make a Booking.
1.5 You must be at least 16 years of age to make a Booking.
1.6 Our Website uses cookies. By using our Website, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy at https://www.fleeknails.co.ke/privacy-policy/.
1.7 Should you be making a Booking on behalf of another person (or if you transfer your Booking to another person), by making the Booking you confirm to us that you have their express permission to do so and you have their express agreement to all terms listed herein and elsewhere related to the Booking. Should such a person dispute their agreement to such terms or raise a claim of any kind, you indemnify us and hold us harmless from all damages.
1.8 The terms herein shall continue to apply to any changes that you make to a Booking including adding additional Services, removing Services, substituting Services or amending the recipient of Services whether such changes are made online, by phone or in-person.
2.Copyright
2.1 This Website and Social Media contains content that is owned by or licensed to us (the “Content”). This Content includes, but is not limited to, the information, media (images, videos, sounds) design, layout, look, appearance, animations and graphics.
2.2 By booking services on the website or Social Media and by contacting us for services, you give us express, non-revocable permission to the media output during the processes. These include photos, videos and animations. You agree to give us express irrevocable permission to use them on our Website and Social Media for marketing purposes.
2.3 You are granted a license to use the Content subject to the restrictions described in these terms and conditions.
2.4 All Content and material contained in this Website and Social Media is and shall remain at all times the copyright of Fleek Nails Kenya.
2.5 You must retain, and must not delete or remove all copyright notices and other proprietary notices placed by us on any Content.
3.License to use the Website
3.1 You may:
(a) view pages from our Website in a web browser;
(b) download pages from our Website for caching in a web browser;
(c) print pages from our Website;
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our Website or save any such material to your computer.
3.3 You may only use our Website for your own personal use and not for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our Website (including republication on another Website), except in the case of your social media such as Facebook and Instagram in which case you are permitted to publish extracts in order to promote use of the Website;
(b) sell, rent or sub-license material from our Website;
(c) show any material from our Website in public;
(d) exploit material from our Website for a commercial purpose (other than as a registered seller in accordance with these terms and conditions); or
(e) redistribute material from our Website.
3.6 We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
4.Acceptable use
4.1 You must not:
(a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
(b) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.
4.2 You must ensure that all the information you supply to us through our Website, or in relation to our Website or when Booking, is true, accurate, current and non-misleading.
5.Use on behalf of an organization
5.1 If you use our Website, Social Media or make a Booking in the course of a business, then by so doing you bind both yourself and the company or other legal entity that operates that business to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant company or legal entity.
6.User registration
6.1 To register or make a Booking on our Website, you must be at least 16 years of age.
6.2 You may register with our Website by completing and submitting the account registration form on our Website, and clicking on the verification link in the email that the Website will send to you.
6.3 If you register for an account with our Website, you will be asked to choose a user ID and password.
6.4 You must not use your account or user ID to impersonate any other person.
6.5 You must keep your password confidential.
6.6 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.7 You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
6.Booking beauty treatments and purchasing gift cards
7.1 To make a Booking for salon treatments, simply follow the steps set out on the Website.
7.2 The costs of our treatments will be shown on the Website and may be updated from time to time. If there are any changes made to our prices, those changes will not affect any Booking which has been made prior to the date of the introduction of the new prices.
7.3 When you make a Booking via credit card, your credit card details will not be saved on the website unless you choose to for future bookings.
7.4 We aim to provide all Services on time. However, should we need to cancel or postpone your appointment at short notice, we will make every effort to contact you in advance.
7.5 We will collect certain details from you during the Booking. You agree that we will use those details in accordance with the terms of our Privacy Policy, which you can find here: https://www.fleeknails.co.ke/privacy-policy
7.6 Some services are non-refundable, for example reflexology
8.Cancelling a Booking
8.1 We reserve the right to cancel any order for any reason, including if, for example, your payment is not authorized by the payment system, there is an error on the Website regarding the price or description of a product or the treatment you have ordered is no longer available.
8.2 If we need to cancel a Booking for any reason other than late or non-arrival, or non-adherence to these terms, you will be refunded according to our cancellation policy.
9.Fleek Nails Kenya rules
9.1 Babies in pushchairs are welcome however no children under the age of 12 will be served. Any child over the age of 12 and under the age of 16 must be accompanied by an adult and we will require a parental consent form to be signed covering any child who is receiving a treatment.
9.2 Clients or their children that make excessive noise, vandalize equipment during service or who otherwise, at our sole discretion and in our sole judgment, disturb other clients, will be kindly asked to leave.
9.3 Clients must not be intoxicated on site. Should clients become intoxicated, Fleek Nails Kenya reserves the right to leave without any refund.
9.4 Occasionally, Fleek Nails Kenya attendants attend the opposite gender. Under no circumstance should the client touch the attendant inappropriately during service. This is also the case with the attendant. If this happens, please contact us immediately.
9.5 Should Fleek Nails Kenya be required to leave for a breach of these terms or any other reason at our sole discretion, any services booked or in progress will be cancelled and no refunds will be given.
9.6 All promotions including but not limited to discounted treatments are valid for the period of time specified in the promotion or 6 months, whichever is shorter. We reserve the right to terminate or revoke any promotion at any point.
9.7 COVID-19: Please do not attend if you have a recent onset of a new, continuous cough, a high temperature or any loss of change of taste or smell.
10.Cancellation of your account
10.1 We reserve the right to suspend or cancel your account or registration at any time in our sole discretion without notice or explanation. We reserve the right to refuse registration or Booking at any time in our sole discretion without notice or explanation.
10.2 You may cancel your registration with us at any time by emailing us at info@fleeknails.co.ke. We will then remove your details from our system
11.Health matters
11.1 By making a Booking, you are confirming to us that you have provided all relevant information to us in relation to the matters listed on the below at the time of booking in relation to all those persons who will be receiving any Services from the Fleek Nails Kenya.
Accordingly, you accept that we shall not be liable if any such matters or other relevant information are not disclosed prior to treatment. If such relevant information is not disclosed in advance and is either subsequently disclosed or suspected by Fleek Nails Kenya employees at their sole discretion, you acknowledge that Fleek Nails Kenya may not be able to provide a treatment and, should service be refused due to non-disclosure, Fleek Nails Kenya reserves the right to charge in full for treatments booked.
Examples of matters which must be disclosed to us prior to treatments:
If you suffer from any allergies or medical conditions (e.g. heart condition, high/low blood pressure, diabetes, viral, bacterial or any other type of infection) or have or have recently had any injury. This may mean that some treatments are contraindicated in part or in full.
If you have recently undergone an operation or received or are undergoing treatment for cancer or any other major medical condition within the last 5 years.
If you have bruising, rashes, swelling, skin tags, open sores or wounds, sunburn or have had sun exposure in the 48 hours prior, raised varicose veins, phlebitis, psoriasis, raised moles, undiagnosed bumps, athletes foot, verruca, fungal nail infection, ring worm, recent scar tissue, onychoptosis, pseudomonas, onychia, whitlow, fever, haemophilia, neuralgia, scabies, chilblains, recent broken bones or fractures.
If you are pregnant or trying to become pregnant.
12.Warranties
12.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our Website or Social Media;
(b) that the Website, Social Media or any Service promoted through the Website or Social Media will remain available;
(c) that any treatments you choose to purchase are suitable for you.
12.2 We reserve the right to discontinue or alter any or all of our Website services and any Services offered by the Salon at any time in our sole discretion without notice or explanation.
12.3 To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Website and the use of our Services
13.Limitations and exclusions of liability
13.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
13.2 The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions:
(a) are subject to Section 15.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including any Services which are purchased or received from our Salon, and cover all liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions; and
(c) this includes any claims, losses or damages arising from the conduct of any employee, agent or contractor of Fleek Nails Kenya and/or Lola Nails KE from who may perform any of the Services.
13.3 To the extent that our Website and the information and services on our Website are provided free of charge, we will not be liable for any loss or damage of any nature resulting from your use of the Website. To the extent that you have paid a fee or purchased a gift card, our liability to you shall in no event exceed the amount of that fee, or gift card (as applicable).
13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control, or in respect of any special, indirect or consequential loss or damage.
13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
14.Indemnity
14.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of any breach by you of any provision of these terms and conditions.
15.Third party Websites
15.1 Our Website or Social Media may include links to other websites or social media owned and operated by third parties. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
16.Variation
16.1 We may revise these terms and conditions from time to time.
16.2 The revised terms and conditions shall apply to the use of our Website and Social Media from the date of publication of the revised terms and conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our Website or Social Media.
17.Assignment
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18.Severability
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect
19.Third party rights
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
20.Entire agreement
19.1 These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our Website, our Social Media and the Services provided by us, and shall supersede all previous agreements between you and us in relation to those matters.
20.Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with Kenyan law.
20.2 Any disputes relating to these terms and conditions, the Website or any product or service purchased through the Website shall be subject to the exclusive jurisdiction of the courts of Kenya.