Terms of Service

1 Accounts

In order to use some functionalities of the Trim App, you may be required to sign-up, register and receive an account through the Trim App (an Account).

As part of the Account registration process and as part of your continued use of the Trim App, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, payment information, and other information as determined by Trim Worldwide from time to time.

You warrant that any information you give to Trim Worldwide in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

Once you complete the Account registration process, Trim Worldwide may, in its absolute discretion, choose to accept you as a registered user within the Trim App and provide you with an Account.

Trim Worldwide reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

Trim Worldwide may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

2 The Trim App

In this agreement:

references to the ‘App Store’ means Apple’s App Store and we refer to their rules and policies contained in the Apple Media Services Terms and Conditions as the ‘App Store Rules’.

references to ‘Google Play’ means the app distribution platform operated by Google and known as Google Play, and we refer to Google’s terms of service (and other applicable terms) collectively as ‘Google’s Rules’.

in clauses where we use the phrase “App Store Rules or Google’s Rules (as applicable)”, we intend for the App Store Rules to apply to users who have obtained the Trim App via the Apple App Store, and for Google’s Rules to apply to users who have obtained the Trim App via the Google Play distribution platform.

This agreement is made between you and us and:

Apple is not a party to this agreement and has no responsibility for the Trim App or its content; and

Google is not a party to this agreement and has no liability under it.

We license you to download and use the Trim App:

For iOS users, onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the App Store Rules; and

For Google Play Store users, to use the Trim App provided you follow all of the rules described in this agreement and also Google’s rules.

The licence in clause 2(c):

is only for you personally (and anyone else that the Apple Usage Rules or Google’s Rules (as applicable) allow), for non-business use;

starts when you download the Trim App; and

covers content, materials, or services accessible from, or bought in, the Trim App including all of our support resources. It also covers updates to the Trim App unless they come with separate terms, in which case we will give you an opportunity to review and accept them.

The Trim App can be accessed, used and downloaded by other accounts that are associated with you through family sharing or volume purchasing in accordance with the App Store or Google’s Rules (as applicable).

You must comply with the App Store Rules and Google’s Rules (as applicable) as well as this agreement but, if there is any conflict between them, you should follow the App Store Rules or Google’s Rules rather than the equivalent rule here.

You do not own the Trim App or any of its contents but you may use it on devices that you own or control, as permitted by this agreement and by the App Store Rules or Google’s Rules (as applicable).

If you sell or give away the device on which you have downloaded the Trim App, you must first remove the Trim App from the device.

You are not allowed to:

modify the Trim App’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;

deliberately attempt to avoid or manipulate any security features included in the Trim App; or

pretend that the Trim App is your own or make it available for others to download or use (including by way of copying the code of the Trim App and creating an independent version).

We are responsible for customer service in relation to the Trim App and can help you if you are having any issues:

For iOS users, you acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the Trim App, although if the Trim App is faulty, you may be able to claim a refund for paid content or services; and

For Google users, you acknowledge that Google has no obligation to provide any support or maintenance services in relation to the Trim App. Refunds may be available to you in a range of circumstances, either from Google or from us. See Google’s refund policies for more information.

If you need to get in touch with us, you can use the ‘contact us’ functionality provided in the Trim App. If we need to get in touch with you, we will do so by email or an in-App notification.

3 Bookings and Fees

BOOKINGS

You acknowledge and agree that:

if you make an appointment for Services on the Trim App (Booking), that will constitute your entry into a contract with the relevant Shop for the Services in your Booking.

If your Booking is for multiple Services, whether or not the Services are from different Shops, each item of Services in your Booking will constitute a separate Booking and may be cancelled by the respective Shop if that Shop is unable to fulfil the Booking for the relevant Services.

FEES AND DEPOSITS

For each Service in your Booking, you must pay the price listed for the Services on the Trim App either via the Trim App or in the Shop (Price) as specified on the Trim App.

If you elect to pay the Price via the Trim App, the Price will be debited from the payment details you provided when you set up your Account upon the completion of the Services.

Shops may require a deposit to make a Booking (Deposit), which must be paid at the time of making a Booking. The Deposit will be applied to any Price payable for the Services.

PAYMENT PLATFORM

Trim Worldwide processes payments through a Third Party Payment Platform. In addition to this agreement, your payment of any fees including the Price and any Deposit via the Trim App will be subject to the terms and the privacy policy of the Third Party Payment Platform that you choose to pay with via the Trim App, being:

at present Stripe, and Stripe’s terms are available at https://stripe.com/gb/legal, and

the terms of use of other third party payment portals or other payment methods from time to time, that will be available on other payment portal websites.

You agree to release Trim Worldwide and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Third Party Payment Platform, including any issue with security or performance of the Third Party Payment Platform or any error or mistake in processing your payment.

4 Services

Whilst we use our best endeavours to verify the accuracy of the Shops including any information and supporting certificates, documents about the Shops and their Services, on our Trim App, we act solely as a marketplace platform for Shops to accept Bookings for their Services and do not have control over the Shops’ practices, or the information they supply or provide on the Trim App.

We shall not be liable to you for any action of the Shop, including any Services they provide.

5 Cancellations

CANCELLATION BY THE SHOP

Trim Worldwide will have no liability or obligation to you if a Shop cancels a Booking at any time after you have placed your Booking.

CANCELLATIONS BY YOU

Bookings are subject to the cancellation and refund policies of each Shop.

If you cancel a Booking without providing the Shop with the required notice, the Shop may be entitled to retain all or part of any deposit you have paid.

You should read the Shop’s policies before you make any Bookings. By making a Booking you accept the Shop’s policies as set out on the Trim App.

Nothing in this clause, or the Shop’s policies, shall limit any rights you have at law.

6 Eligibility

This Trim App is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Trim App. By using the Trim App, you represent and warrant that you:

have not been suspended or prohibited from using the Trim App; and

are either:

over the age of 18 years and accessing the Trim App for personal use; or

accessing the Trim App on behalf of someone under the age of 18 years old and consent to that person’s use of the Trim App.

Please do not access the Trim App if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Trim App.

7 Your Obligations

As a Customer, you agree:

not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;

to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Trim Worldwide of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Trim App’s security;

to not use the Trim App for any purpose other than for the purpose of making arrangements to receive Services, including:

you must not use the Trim App in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal goods, activities or purposes); and

you must not use the Trim App in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Trim Worldwide;

not to act in any way that may harm the reputation of Trim Worldwide or associated or interested parties or do anything at all contrary to the interests of Trim Worldwide or the Trim App;

you must not make any automated use of the Trim App and you must not copy, reproduce, translate, adapt, vary or modify the Trim App without the express written consent of Trim Worldwide;

that Trim Worldwide may change any features of the Trim App or Services offered through the Trim App at any time without notice to you;

that information given to you through the Trim App, by Trim Worldwide or another User including a Shop, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and

that Trim Worldwide may cancel your account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this agreement.

8 Posted Materials

WARRANTIES

By providing or posting any information, materials or other content on the Trim App (Posted Material), you represent and warrant that:

you are authorised to provide the Posted Material (including by being authorised to provide any goods and services that you represent you provide);

the Posted Material is accurate and true at the time it is provided;

any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;

the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Trim App or any network or system; and

the Posted Material does not breach or infringe any applicable laws.

LICENCE

You grant to Trim Worldwide a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Trim Worldwide to use, such Posted Material.

If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Trim Worldwide from any and all claims that you could assert against Trim Worldwide by virtue of any such moral rights.

You indemnify Trim Worldwide against all damages, losses, costs and expenses incurred by Trim Worldwide arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

REMOVAL

Trim Worldwide acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Trim Worldwide may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Trim App) at any time without giving any explanation or justification for removing the Posted Material.

You agree that you are responsible for keeping and maintaining records of Posted Material.

9 Service Limitations

The Trim App is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Trim Worldwide cannot and does not represent, warrant or guarantee that:

the Trim App will be free from errors or defects;

the Trim App will be accessible at all times;

messages sent through the Trim App will be delivered promptly, or delivered at all;

information you receive or supply through the Trim App will be secure or confidential; or

any information provided through the Trim App is accurate or true.

10 Intellectual Property

Trim Worldwide retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Trim App (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Trim App Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

You may make a temporary electronic copy of all or part of the Trim App Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Trim App Content without prior written consent from Trim Worldwide or as permitted by law.

In this clause 10, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement worldwide.

11 Third Party Content

The Trim App may contain text, images, data and other content provided by a third party and displayed on the Trim App (Third Party Content). Trim Worldwide accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

12 Third Party Terms

Any service that requires Trim Worldwide to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service, such as the Third Party Payment Platform) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.

Shops will have their own terms in respect of the Services they sell on our Trim App (Shop Terms), which will apply in addition to the terms of this agreement (to the extent they are not inconsistent with this agreement) and you should read the Shop Terms before you place a Booking for Services from that Shop.

Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Trim Worldwide to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

13 Security

Trim Worldwide does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Trim App. You should take your own precautions to ensure that the process you employ to access the Trim App does not expose you to the risk of viruses, malicious computer code or other forms of interference.

14 Disclaimer & Liability

(Introduction service) Trim Worldwide is a medium that facilitates the introduction of Customers and Shops for the purposes of buying and selling Services. Trim Worldwide simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Shops in relation to such Services or otherwise resulting from the introduction other than where Trim Worldwide is a Shop of the Services.

(Limitation of liability) To the maximum extent permitted by applicable law, Trim Worldwide excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Trim App or its use or any services provided by any Shop. This includes the transmission of any computer virus.

(Indemnity) You agree to indemnify Trim Worldwide and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:

breach of any term of this agreement;

use of the Trim App; or

your provision or receipt of Services from another User.

(Consequential loss) To the maximum extent permitted by law, under no circumstances will Trim Worldwide be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Trim App, this agreement or their subject matter, or any services provided by any Shop (except to the extent this liability cannot be excluded at law).

To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under agreement including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

15 Confidentiality

You agree that:

no information owned by Trim Worldwide, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and

all communications involving the details of other users on this Trim App and of the Shop are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

16 Privacy

We will collect personal data about you in accordance with our Privacy Policy. You agree to be bound by the clauses outlined in Trim Worldwide’s Privacy Policy, which can be accessed on our website (see the Privacy Policy page linked from this site’s footer).

By making a Booking, you agree to the Shop collecting and processing your Personal Data in accordance with the Privacy Policy of the relevant Shop, and you consent to us sharing your personal data with the Shop for the purpose of making the Booking and so that the Shop can provide you with the Services.

17 Termination

Trim Worldwide reserves the right to terminate a User’s access to any or all of the Trim App (including any Account, Listings and other memberships) at any time without notice, for any reason.

Users may terminate their Account or membership on the Trim App at any time by using the Trim App’s functionality where such functionality is available. Where such functionality is not available, Trim Worldwide will effect such termination within a reasonable time after receiving written notice from the User.

Notwithstanding termination or expiry of your Account or membership or this agreement, any provision which by its nature would reasonably be expected to survive termination or expiry will continue to apply.

18 Record / Audit

To the extent permitted by law, Trim Worldwide reserves the right to keep all records of any and all transactions and communications made through this Trim App between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Trim Worldwide.

19 Linked Businesses

You acknowledge and agree that:

the Trim App provides links and introductions to Shops owned and operated by third parties that are not under the control of Trim Worldwide;

the provision by Trim Worldwide of introductions to Shops does not imply any endorsement or recommendation by Trim Worldwide of any Shop; and

Trim Worldwide does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Shop who uses or is listed on the Trim App.

20 Communication Outside the Trim App

You must not communicate with a Shop, or request or entice a Shop to communicate with you, outside the Trim App (except in the course of accepting the Shop’s Services under this agreement).

Trim Worldwide, in its absolute discretion, may cancel your Account and suspend you from using the Trim App if it finds or suspects that you have breached or are in breach of this section.

21 Notices

A notice or other communication to a party under this agreement must be:

in writing and in English; and

delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

when replied to by the other party,

whichever is earlier.

22 VAT

Unless otherwise indicated, amounts stated on the Trim App do not include VAT. In relation to any VAT payable for a taxable supply by a Shop or Trim Worldwide, you must pay the VAT subject to receiving a tax invoice.

23 General

GOVERNING LAW AND JURISDICTION

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);

(gender) words indicating a gender includes the corresponding words of any other gender;

(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(headings) headings and words in bold type are for convenience only and do not affect interpretation;

(includes) the word “includes” and similar words in any form is not a word of limitation;

(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(currency) a reference to £ or GBP is to pound sterling currency unless otherwise agreed in writing.