Terms of Use Lookster Platform

1. Welcome to Lookster

These terms of use ("Terms of Use") apply to your use of:

• the website www.lookster.nl and subpages (the "Website");
• the online booking portal on the Website;
• the Lookster mobile application(s) (the "App"),

together: the "Platform".

2. The Platform is offered by

Lookster, trading under the name Lookster, established in the Netherlands, Chamber of Commerce number 94593051, located at Piet Heinstraat 12, 7511JE Enschede ("Lookster", "we", "us", "our").

3. Meaning of "you" or "User"

In these Terms of Use, "you" or "User" means: any natural person who visits or uses the Platform, with or without an account.

4. Exclusively about the use of the Platform

These Terms of Use exclusively concern the use of the Platform. The service(s) you book (e.g. a treatment at a salon) are provided by a third party (the "Salon" or "Partner"). See also article 6 (Booking via Lookster).

5. Additional documents

The following also apply to your use of the Platform:

• our Privacy & Cookie Policy;
• our User Generated Content policy ("UGC policy") if you post content (e.g. reviews/photos/comments), insofar as that functionality is available.

In case of conflict, the following order applies:

1. these Terms of Use,
2. the UGC policy,
3. the Privacy & Cookie Policy, unless mandatory law provides otherwise.

1.

Lookster is a technical platform/marketplace that allows you to find salons and (where available) request or book an appointment. Lookster is not a provider of salon treatments and is not a party to the agreement between you and the Salon.

2.

The agreement for the treatment/service is concluded between you and the Salon. The Salon is responsible for (among other things) the execution, quality, safety, hygiene, permits, opening hours, prices, availability, cancellation/modification and handling of complaints.

3. Open model

Salons can (in principle) register on the Platform. Lookster does not systematically verify Salon information for accuracy or status (such as Chamber of Commerce registration or permits). We do our best to prevent misuse, but cannot guarantee that all Salon information is always accurate, complete and up-to-date, within the limits of consumer law (see article 12).

1.

We may temporarily or permanently modify, maintain, suspend or terminate the Platform (or parts thereof). We do our best to keep the Platform available, but cannot guarantee uninterrupted availability.

2.

We may adjust information, functionalities and content on the Platform without prior notice (e.g. display, filters, categories, features).

3. You are responsible for

• your internet connection and devices;
• appropriate security (e.g. antivirus, updates);
• the safe use of your login credentials.

1. Account and guest use

You can

• create an account or
• request/book an appointment as a guest, if that option is available. In both cases, you may be asked to provide details (e.g. name, email, phone number) so that the Salon can reach you and carry out the appointment.

2. Age, authority and consent

• You may only use the Platform if you are authorised to accept these Terms of Use and to (where applicable) make a booking at a Salon
• If you are a minor, you declare that you have consent from your parent/guardian to use the Platform and (where applicable) to make a booking.
• For certain (future) features, Lookster may impose additional requirements, such as a minimum age (e.g. 18 years) or verification. Think of features where a payment obligation may arise, such as online payments, deposits, no-show fees or refunds (see article 7).

3. Correct details

You warrant that the details you provide are accurate and up-to-date.

4. Login credentials

If you have an account, you are responsible for everything that happens through your account. Do not share your password with others and choose a strong password. Report (suspicions of) misuse as soon as possible via [email protected].

5. Blocking or termination

We may restrict or block your account and/or access to the Platform if we reasonably suspect that:

• you are violating these Terms of Use;
• there is misuse, fraud, security risks or technical disruption;
• this is necessary to protect the Platform, other users or Salons.

1.

You use the Platform for personal, non-commercial use.

2. It is prohibited to

• spread viruses or harmful software;
• hack, scan, overload or disrupt the Platform (e.g. DDoS);
• gain unauthorised access to systems, accounts or data;
• automatically scrape, crawl or collect data without our prior written consent;
• provide incorrect or misleading details (e.g. false bookings, fake details);
• use the Platform in violation of laws and regulations.

3.

In case of (suspected) violation, we may take appropriate measures, including (temporary) blocking, removal of content, and – if legally required or appropriate – notification to competent authorities.

1.

When you request/book an appointment via the Platform, you are booking with the Salon. Lookster may technically process your booking request and display booking information (e.g. date/time/location), but Lookster does not guarantee that an appointment will actually be accepted or carried out.

2. Cancellation/modification/no-show

The Salon determines the cancellation and modification terms (e.g. costs, deadlines, no-show policy). These terms may vary per Salon and are (where possible) communicated by the Salon or via the Platform. You are responsible for reading and complying with those terms.

3. Prices and services

The Salon determines the offering, duration, prices and any surcharges. Lookster is not responsible for (price) changes or errors in Salon information, but we may correct or adjust that information if we identify inaccuracies.

4. Complaints

Complaints about the treatment/service (quality, result, damage, hygiene, behaviour, etc.) should first be reported to the Salon. Lookster may receive a report and (without obligation) try to mediate, but is not responsible for the outcome.

1.

At this time, Lookster does not facilitate online payment for appointments (unless otherwise stated on the Platform).

2.

If Lookster facilitates online payments, deposits, no-show fees or refunds in the future, additional terms may apply, including:

• payment terms on the Platform;
• terms of a payment provider (payment service provider);
• additional identification or fraud prevention measures.

We will announce such changes in advance (reasonably) via the Platform or by email if you have an account.

1.

If the Platform allows it, you can post UGC (e.g. reviews, comments, photos). You remain responsible for your UGC.

2. You guarantee that your UGC

• is honest and not misleading;
• does not infringe on the rights of third parties (such as copyright, portrait rights, trademark rights);
• is not unlawful, offensive, discriminatory, threatening or obscene;
• does not contain personal data of others without consent.

3. Moderation

We may refuse, hide or remove UGC that conflicts with these Terms of Use or the UGC policy, or if we deem it necessary for legal or security reasons.

1.

All rights (such as copyrights, database rights, trademark rights) to the Platform and its content (with the exception of UGC from users) belong to Lookster or its licensors.

2.

You receive a personal, limited, revocable, non-exclusive licence to use the Platform for private purposes. You may not copy, modify, decompile, reverse engineer or exploit the Platform, except insofar as mandatory law permits.

1.

The Platform may contain links to websites or services of third parties (including Salons). If you use them, you do so at your own risk. The policies and terms of those third parties may apply.

2.

Lookster is not responsible for third-party content (such as Salon profiles, prices, descriptions, photos) and does not guarantee the accuracy or completeness thereof.

1.

We process personal data in accordance with our Privacy & Cookie Policy. This policy describes what data we process, why, on what legal basis, how long we retain it and what rights you have. We only use non-essential cookies and analytics services, including Microsoft Clarity, after consent via the cookie banner.

2.

Please note: if you book at a Salon, the Salon may receive your data (such as name/phone/email and booking information) to carry out the appointment. The Salon is then independently (co-)controller for its own processing. Also consult the Salon's privacy policy if available.

1.

The Platform is provided "as is". To the extent permitted by law, we make no guarantees that the Platform is always error-free, uninterrupted or free of harmful components.

2. Lookster is not liable for damage arising from or in connection with

• the performance of the treatment/service by a Salon;
• incorrect, incomplete or misleading Salon information;
• cancellations, no-shows or modifications by a Salon;
• acts or omissions of third parties (including Salons) or external websites.

3.

Insofar as Lookster is liable, our liability is limited to direct damage and to a maximum amount of EUR 100 per event, unless mandatory law prescribes higher liability.

4. Nothing in these Terms of Use excludes or limits our liability for

• intent or wilful recklessness on the part of Lookster;
• damage that may not be excluded or limited under mandatory law.

1.

The Platform is primarily intended for users in the Netherlands. If you use the Platform from another country, you do so on your own initiative and are responsible for compliance with local legislation.

1.

We may amend these Terms of Use. The most current version is available on the Platform or via quick links.

2.

If changes are material, we will (reasonably) announce them in advance via the Platform and/or by email (if you have an account). By continuing to use the Platform after the effective date, you accept the amended terms.

1.

Dutch law applies to these Terms of Use.

2.

If you are a consumer and reside in the EU, you retain the protection of mandatory provisions of the consumer law of your country of residence.

3.

Disputes may be submitted to the competent court. For consumers, you may also litigate before the court of your place of residence if mandatory law permits.