Last Updated: February 1, 2019

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These Terms of Service for Beauty Professionals (these “Terms”) are entered into pursuant to the Chovain Terms of Service (available at www.chovain.com) and are a legally binding contract governing your use of the Service as a Professional. Capitalized terms used but not defined in these Terms have the meanings ascribed to them in the Chovain Terms of Service.

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1. Registration for Professional Account. You may register for an account to offer your beauty services as a Professional on the Service by completing the required form on the Chovain website or in such other manner as may be approved by Chovain from time to time. In your application, you may be required to provide us with some information about your business as a Professional, such as your business name, address, email address, other contact information, the specific beauty services that you provide and pricing information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. Chovain may refuse to sign up any person who applies to be a Professional, for any reason.​

2. Vetting. You may be subject to an extensive vetting process before they can register for and during your use of the Service as a Professional, including but not limited to, verification of identity, using third-party services as appropriate.

3. Licensing. Professionals alone are responsible for identifying and obtaining any required licences, permits, or registrations before offering beauty services. Indeed, certain types of beauty services may be prohibited altogether, and it is the responsibility of Professionals to avoid such prohibited services. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your services on the platform, you can and should first seek separate legal guidance.

4. Representations. By self-certifying as a Professional on the Service, you represent, warrant, and covenant to Chovain that (a) all the information you provide or have provided to us is true, accurate, and does not contain any false or misleading information; (b) if any of the information you have provided ceases to be true, you will promptly update the information so that it is true; and (c) your use of the Service and your performance as a Professional will comply with all applicable laws and regulations and all rules and policies of any self-regulatory organization governing your profession.

5. Assistants. The Professional assumes full and sole responsibility for the acts and omissions of any assistants, helpers, subcontractors or other personnel engaged by the Professional in performing the beauty services (collectively “Assistants”), including without limitation the payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable income tax withholdings as to the Professional and all persons engaged by the Professional in the performance of the beauty services.

6. No Employment; Withholdings. Professionals do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Chovain. Each Professional acknowledges and agrees that Chovain does not, in any way, supervise, scope, direct, control or monitor Professional’s work or beauty services performed in any manner. Chovain does not set Professional’s work hours or location of work. Chovain will not provide any equipment, tools, labour or materials needed for a particular beauty service. Chovain does not provide any supervision to Professionals. The Service is not an employment agency service or business and Chovain is not an employer of any Professional. As such, Chovain is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, Canada Pension Plan, social security, disability insurance or any other applicable federal, provincial or state withholdings in connection with a Professional’s use of the Service. Professionals acknowledge and confirm that they are responsible for exercising their own business judgment in entering into agreements with clients and performing beauty services and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.

7. Fees. In consideration of your use of the Service as a Professional, you agree to pay to Chovain a fee equal to twenty per cent (20%) of the gross amounts charged by you to clients for beauty services booked using the Service (or such other fee as may be agreed by you and Chovain from time to time in writing) (the "Fees"), plus any applicable sales taxes. You authorize Chovain to collect all amounts due to you from clients for beauty services on your behalf as limited payment agent, and to deduct the Fees (plus applicable sales taxes) from such amounts before remitting them to you in accordance with Section 8, below.

8. Payments. All payments of amounts due to you will be made by electronic transfer.  You must provide us with your bank account information in order for us to make payments of amounts to you. If we do not have your bank account information, we will not be able to make any payments to you. All amounts will be paid in Canadian dollars unless otherwise agreed. Chovain will make payments on a weekly basis in arrears, on such day of the week as designated by Chovain from time to time, with respect to amounts collected in the immediately preceding week.

9. Contract for Beauty Services. Users of the Service contract for beauty services directly with Professionals. Chovain will not be a party to any contracts for services. Payment for beauty services through the Application is made from the client and not by Chovain, and Chovain acts merely as a limited collection agent. Chovain is not obligated to pay Professional for client’s failure to pay for any services.

10. Cancellation and Refunds. Chovain may allow clients to cancel requests for services from time to time and grant refunds, in accordance with its cancellation and refund policies in effect from time to time. Please refer to our current cancellation policy available at www.chovain.com for further details. You authorize Chovain to deduct and withhold from any amounts payable to you under Section 8, the amount of any refunds due or that may become due to clients in accordance with Chovain's cancellation and refund policies, as determined by Chovain in its sole discretion.

11. Set-off. Chovain may deduct from and set off against any amounts payable to you under this agreement any amounts or liabilities that you owe to any of the Chovain Entities.

12. Non-Circumvention. You agree not to solicit any person whose identity was revealed to you on the Application as a potential client, for purposes of offering to sell any beauty services in order to seek to bypass, avoid, or circumvent the payment of Fees. If you breach this section, you will be liable to Chovain to pay, on demand, an amount equal to 200% of the Fees that would have been payable had the sale occurred on the Application.

13. Private Information. You may from time to time have access to information regarding clients and other persons in connection with your use of the Application and supply of beauty services (collectively, “Private Information”). You must maintain the Private information in confidence and in accordance with standards of protection that are the same as those set out in Chovain’s Privacy Policy. You may not use or disclose the Private Information except for the purpose of performing your obligations under this agreement and towards a client. You may not use Private Information for any other purposes, including any marketing or promotional purposes. You may not use the Private Information to contact any client or other person except to the extent required to perform your obligations under this agreement or towards a client. You agree to delete all Private Information once you no longer reasonably need it to perform your obligations under this agreement. Your obligations in this section continue in effect after the termination of this agreement for any reason.

14. Authorization to Use Name. You authorize Chovain to identify you by name as a Professional and user of the Service and the right to use the following information in advertising and promotional material related to the Service including promotions on any third-party sites: (i) the name, trademark, likeness and photo of Professional (ii) any biographical information provided by Professional to Chovain, and (iii) any publicly available facts about Professional, without any additional compensation.