Effective date: 1 March 2022
1. GENERAL
1.1 These terms and conditions (“T&Cs”) apply to all dealings in respect of NDevor Systems Limited (Company Registration No. 369210) whose registered office is at 9 Anglesea Row, Dublin 7, Ireland, trading as “Phorest” (“Phorest“) and any eligible customer (“Salon Customer“, “you”) that submits an application to participate in the Phorest Growth Fund (an “Application”).
1.2 The Phorest Growth Fund is a give back initiative established by Phorest to help successful Salon Customers by contributing up to a maximum of €/ $ /£ 2000 or 8000 AED (depending on relevant location) (to a business growth purpose in the business of the Salon Customer.
1.3 By submitting an Application to the Phorest Growth Fund, the Salon Customer warrants that it satisfies the eligibility criteria set out in Section 2 of these T&Cs. The Salon Customer further agrees to be bound by these T&Cs in relation to its participation in the Phorest Growth Fund.
1.4 The Applications will be judged by an independent panel made up of industry experts and independent financial consultants (the “Phorest Growth Fund Review Panel”). The membership details of the Phorest Growth Fund Review Panel is available at https://www.phorest.com/gb/resources/the-phorest-growth-fund/.
1.5 Subject to the provisions of these T&Cs successful Applications may be awarded funding to the amount agreed upon by the Phorest Growth Fund Review Panel, up to a maximum of £/$/€2,000 or 8000 AED (“Successful Salon Customer”).
2. ELIGIBILITY AND PARTICIPATION
2.1 Applications are available to Salon Customers on a worldwide basis.
2.2 In order to be eligible to submit an Application to the Phorest Growth Fund, the Salon Customer must be: (i) an existing customer of Phorest and satisfy the conditions set out in Section 2.3 or; (ii) a company that has been incorporated within one month of the Effective Date (a “New Customer”).
2.3 Existing customer
2.3.1 To qualify for participation in the Phorest as an existing customer of Phorest the Salon Customer must:
(a) be a customer of Phorest receiving services from Phorest for a minimum of three (3) months prior to the abovementioned Effective Date;
(b) by the Effective Date have paid all sums due for the services supplied by Phorest; and
(c) have a minimum of one business owner (either a sole trader or company director) and hire two employees.
2.4 New Customer
2.4.1 To qualify for participation in the Phorest as a New Customer (as defined in Section 2.2) of Phorest under the Salon Customer must:
(a) at abovementioned Effective Date have entered into an agreement with Phorest for the supply of services from Phorest to you for a minimum of twelve (12) months; and
(b) by the end of the twelve (12) month period referred to in Section 2.4.1 (a) have a minimum of one business owner (either a sole trader or company director) and have hired two employees.
2.5 The Salon Customer agrees and acknowledges that an Application to the Phorest Growth Fund is not an offer by Phorest to the Salon Customer and Phorest has no obligation to make any payment to the Salon Customer from the Phorest Growth Fund or otherwise.
2.6 Phorest reserves, without liability, the right to decline any Application submitted by a Salon Customer to the Phorest Growth Fund.
2.7 Phorest reserves the right to amend these T&Cs from time to time by posting the amended version of the T&Cs on the website www.phorest.com (the “Website”). The amended version shall have effect:
2.7.1 10 days from the time of posting; or
2.7.2 from such later time stipulated on the Website
in respect of Applications submitted by the Salon Customer on or after such date.
2.8 A participating Salon Customer must have a registered business company name and be registered for VAT or other applicable tax. The Salon Customer shall be solely liable for any tax obligations of the Salon Customer’s business.
2.9 A participating Salon Customer shall include a business plan and cash flow forecast as part of the Application. Phorest shall make template forms for Application business plans and cash flow forecasts available on the Website.
2.10 A Successful Salon Customer shall participate in all reasonable publicity relating to the Phorest Salon Fund.
2.11 A Successful Salon Customer shall subscribe to Phorest’s services for a period of twelve (12) months from the date of receiving payment from the fund.
3. SALON CUSTOMER WARRANTIES
3.1 The Salon Customer warrants and represents:
3.1.1 that it does not have any personal relation or connection to Phorest or any member on the Phorest Growth Fund Review Panel; and
3.1.2 if it is a successful Application that it will record the receipt of any monies from the Phorest Growth Fund in its accounts and financial records and as required by applicable law in the jurisdiction the Salon Customer operates in.
4. PUBLICITY
4.1 If you are a Successful Salon Customer we may invite you to take part in unpaid publicity (including in advertising) in connection with the Phorest Growth Fund. This publicity may include the publication on our website and social media of your full name, county, photographic image, prize-details and your testimonials relating to the award and Phorest and in this regard you provide us a non-exclusive, perpetual, royalty free, worldwide licence with the right to sub-licence to use your statements for publicity purposes and for this purpose you waive any moral rights. If you agree to take part in publicity we reserve the right not to proceed with the publicity. Should we invite a Successful Salon Customer to participate in publicity, it will not imply any obligation on us to extend the same or similar invitation to any other Successful Salon Customer, nor to proceed with any publicity offered to the invitee.
4.2 Any personal data about you that we process in connection with your Application and any award from the fund and participation in publicity will be in accordance with our privacy policy.
5. LIMITATION OF LIABILITY
5.1 Phorest accepts no responsibility for any loss or damage resulting from any delay or failure to supply money from the Phorest Growth Fund due to any circumstances which are beyond its control.
5.2 To the fullest extent permissible by law Phorest:
5.2.1 disclaims all warranties, conditions and undertakings, express or implied; and
5.2.2 accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by a Salon Customer as a result of entering an Application or accepting payment from the Phorest Growth Fund.
6. DATA PROTECTION
6.1 Any personal data provided by a Salon Customer to Phorest in connection with the Phorest Growth Fund shall be processed in accordance with Phorest’s privacy policy which is available at https://www.phorest.com/gb/privacy/.
7. ASSIGNMENT AND ENTIRE AGREEMENT
7.1 Phorest may assign or subcontract any or all of our rights and obligations with you under these T&Cs to a third party at any time, at our discretion. A Salon Customer may not assign or dispose of any of your rights or obligations arising under these T&Cs.
7.2 These T&Cs constitute the entire agreement between Phorest and a Salon Customer with respect to the Phorest Growth Fund. If any of these T&Cs shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable form these T&Cs and shall not affect the validity and enforceability of any remaining provisions.
8. APPLICABLE LAW
8.1 The construction validity and performance of these T&Cs shall be governed by the laws of Ireland and the Salon Customer irrevocably submits to the exclusive jurisdiction of the courts of Ireland.
