By using the Beneat Service, you agree to be bound by these User Terms of Service (“Terms of Service”).

Please read the following Terms of Service carefully before using the Beneat Service. If you do not agree with the Terms of Service, you cannot use the Beneat Service. These Terms of Service apply to any use of the Beneat Service and to the purchase agreements made hereunder. A more detailed description of the Beneat Service and information on system requirements is available at https://thebeneat.com.

The Terms of Service are concluded between us and the User only, and not with Apple Inc., and Apple Inc. is not responsible for the Beneat App or the content thereof. You agree that Apple Inc., and Apple Inc.’s subsidiaries (“Apple”), are third party beneficiaries of the Terms of Service, and that, upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof.

1. Definitions

“Partner” means a service provider, wellness centre, beauty centre or other service partner who has signed a partner agreement with Beneat, or their substitute, and who, as a seller offers its products and delivery or other services for sale through the Beneat Service. Unless otherwise specified in the Beneat Service, all Partners are sellers within the meaning of consumer protection laws of the Slovak Republic.

“Purchase Agreement” means an agreement for the purchase of Partner’s products and possible delivery or other services made on an Order. With respect to Orders placed through any other payment method of the User, the Purchase Agreement forms a binding agreement between Partner and the User.

“User” or “you” means a natural person using the Beneat Service. The User must be of the age of 18 or older.

“Beneat” means Beneat s. r. o., Italská 67, 120 00 Praha 2 – Vinohrady, Czech Republic, Business ID No. (IČO): XX XXX XXX, registered in the Commercial Register of the District Court Prague 1, Section: Sro, Insert No.: XXXXXXX/X. - TBD

“Beneat App” means a digital application called Beneat provided by Beneat for natural and legal persons to order products and services from Beneat’s Partners.

“Beneat Service” means both Beneat App and Beneat website thebeneat.com and other additional locations as mentioned at thebeneat.com.

2. Identity of Beneat

Beneat s. r. o., Italská 67, 120 00 Praha 2 – Vinohrady, Czech Republic, Business ID No. (IČO): XX XXX XXX, registered in the Commercial Register of the District Court Prague 1, Section: Sro, Insert No.: XXXXXXX/X., VAT ID (IČ DPH): CZXXXXXXXXXX, Tax ID (DIČ): XXXXXXXXXX. - TBD

Trade name: “Beneat”,

Email address: support@thebeneat.com.

Information about the identity and products and services of the Partners are provided in the Beneat Service.

3. Description of the Beneat Service

3.1. Beneat provides a technology platform that connects Users and Partners. Beneat’s technology permits the Users to place orders for services and/or other goods from various Partners. Beneat is not a beauty and wellness service provider or vendor of goods.

3.2. The Partner provides the information about their services or products in the Beneat marketplace, including but not limited to information on service characteristics, product characteristics, instructions, and other relevant details. If you have specific concerns, such as allergies, health conditions, or wish to receive more detailed information about the services or products, please contact the relevant Partner. You can also contact Beneat's customer support, who can reach out to the Partner on your behalf for such inquiries. The Partner is responsible for providing accurate, up-to-date, and legally required information about the services or products, including providing information on applicable prices and indicating the price per unit where required under applicable laws. Please note that the sale and purchase of the Partner’s services or products may be subject to additional terms and conditions of the Partner or Beneat on a case-by-case basis as set out in the Beneat marketplace.

3.3. Some Partners may require Users to complete a survey or provide additional information before accepting a request. Based on the responses provided, the Partner may accept or reject the User’s request. This process will be communicated through the Beneat marketplace prior to placing an Order.

3.4. When a User places an order, the platform notifies the Partner about the request. The Partner decides whether to accept or reject the order, and the User is notified accordingly. Orders may also be automatically accepted if the Partner has enabled this option in their settings. Beneat does not provide delivery services; Partners are responsible for performing services or packing, sending, or selling goods locally.

3.5. The Partner selected by the User will perform the service or prepare, collect, and pack the products specified in the Order. Beneat is not responsible or liable towards the User for the proper execution of the Purchase Agreement by the Partner. Any disputes or concerns regarding the Partner’s performance must be addressed directly with the Partner.

3.6. When you use the Beneat Service, there may be a minimum value for purchase required, in which case you will be notified thereof before you make the Order on the Beneat Service. Where an Order fails to meet the minimum required value, you will have the possibility to pay the difference to meet the minimum value or to add more services or products to your Order. The Partner determines in its sole discretion the selection and pricing of their services and products available on the Beneat Service. The Partner may also impose certain restrictions on your Order, such as quantity limits and size limitations of the Order. The Partner is responsible for informing you of any limitation relating to the availability of any services or products. User accepts that in case a certain service or product is temporarily unavailable, the Partner will fulfill the remaining part of your Order without including the unavailable service or product in the Order. You will not be charged for services or products that are unavailable at the time of placing the Order.

3.7. Users may have the option to set up recurring appointments for ongoing services, as offered by certain Partners. Recurring appointments will be billed at the end of each calendar month unless otherwise specified by the Partner or explicitly agreed upon during the setup of the recurring arrangement.

4. Right of Revocation

4.1. You cannot withdraw from or cancel an Order for custom made products once you have placed it unless explicitly provided otherwise in these Terms of Service. Prior to placing an Order, you should carefully review your selection.

4.2. You can withdraw from or cancel an Order for services or non-custom made products once you have placed it accordingly to rules set by the Partner.

4.3. If you are a consumer, you are entitled to a right of revocation in accordance with the statutory provisions of the country where you are located. A consumer in these Terms of Service means any natural person using the Beneat marketplace and placing Orders predominantly for purposes outside their commercial or self-employed professional activity.

4.4. Beneat follows the statutory limitations on consumers' cancellation rights as set out in applicable laws. The right of revocation does not apply to Purchase Agreements concerning certain items, including but not limited to:

• Services that have been fully performed if performance began with the consumer’s prior consent and acknowledgment of losing the right of revocation once completed,
• Products such as skincare stuffs or perishable goods,
• Products made to specifications or clearly personalized,
• Sealed products unsuitable for return due to health protection or hygiene reasons, if unsealed after purchase,
• Products that are inseparably mixed with other items after delivery.

4.5. For products or services where the right of revocation exists, you may revoke the Purchase Agreement within 14 days of receiving the products or services without providing a reason. To exercise this right, you must inform the Partner directly or Beneat (on behalf of the Partner) through clear communication, such as an email or message via Beneat’s support system, within the 14-day period.

4.6. If the right of revocation is exercised, the Partner (not Beneat) will refund all payments, including applicable fees, within 14 days of receiving the notification. However, fees related to services already performed or partial Orders may not be refunded. Refunds will be processed using the original payment method unless agreed otherwise.

4.7. You must return products, where applicable, directly to the Partner at the location from which the Order was made, within 14 days of notifying the Partner of revocation. Products must be unused, in resaleable condition, and you are responsible for return shipping costs.

4.8. Partners may offer substitutions for out-of-stock products, provided you allow this option before completing the Order. Substitutions will be chosen to closely match the original item's characteristics, price, and quality. No additional charges will apply for substituted items.

5. User Accounts

5.1. You have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Beneat marketplace in the form offered to you by us from time to time solely for the purposes set out herein. The license granted to the User for any Beneat App downloaded from the relevant platform is further limited to a license to use the app on any compatible devices that you own or control, as permitted by the app store's usage rules and these Terms of Service.

5.2. To use the Beneat marketplace, the User must create a user account by following the registration instructions. The user account credentials are personal. The User must ensure that their credentials and any information required for account access are kept confidential and secure, not accessible by third parties. A User may have only one personal account.

5.3. If it is suspected that an unauthorized person has gained access to the User’s account credentials, the User must immediately notify Beneat. The User is responsible for all activities carried out under their account.

5.4. To use the Beneat marketplace, you must submit valid payment information. Beneat does not store your payment information; it is handled by a third-party payment provider. You agree to pay for all purchases made through the marketplace, except for purchases made through any organization-specific features at the organization's expense. You must keep your payment details up to date in your user account.

6. Payments

6.1. The User will pay the purchase price set out in the Order by using the relevant payment functionality of the Beneat Service. Beneat, or a third-party provider authorized by Beneat, collects all payments from the Users on behalf of the Partner. Payment obligation arises upon placing the Order through the Beneat Service.

6.2. The User may fulfill this payment obligation only by using the relevant online payment method provided in the Beneat Service. When the User has paid the purchase price to Beneat, the User has fulfilled its payment obligation towards the Partner.

6.3. The payment will be automatically charged from the User’s credit card or other payment method upon the placement of the Order. Beneat is entitled to make an authorization hold on behalf of the Partner on the User’s credit card or payment method once the Order has been placed through the Beneat Service. Beneat uses a third-party payment service provider for processing payments.

6.4. In certain situations and payment methods, the purchase price may vary slightly due to foreign exchange rate fluctuations as part of the payment process. Beneat assumes no liability for currency conversion differences and cannot predict the exact amount to be charged when using payment instruments subject to foreign exchange rate conversions.

6.5. Cash may be an additional payment method available in certain regions. Refunds for cash orders will be made in Beneat credits or via another appropriate or legally required method. If the User who made a cash order is not in the agreed location at the agreed time or 5 minutes thereafter, Beneat’s customer support will contact the User to arrange payment. If customer support cannot reach the User within 24 hours of the no-show, Beneat may take appropriate measures, which could include disabling the cash payment option for the User.

6.6. For weight-based products, the final price will be determined based on the actual weight once weighed by the Partner. Any price per product shown on the Beneat Service is only an estimate. To cover potential price adjustments caused by weight variations, Beneat may place a temporary authorization hold on your card. The amount of this hold will be at a maximum of 20% of the value of weight-based products included in your Order. Differences in price will be adjusted accordingly, and refunds will be made if the product weighs less than indicated. If the product weighs more, the price difference will be charged.

7. Beneat credits and tokens

7.1. The Users of the Beneat Service can obtain Beneat credits or tokens e.g. by inviting new users to sign up to the Beneat Service ("Referral Program"). Under the Referral Program, Beneat may offer its Users the opportunity to earn the opportunity to earn Beneat credits or tokens as promotional rewards by inviting their eligible friends to register as new Beneat Users and place their initial order through the Beneat Service. For each qualified referral, the User may receive credits or tokens as specified on Beneat Referral Program Terms. You agree that Beneat may change the terms and conditions of the Referral Program or terminate the Referral Program at any time.

7.2. The Users of Beneat Service can also obtain Beneat credits or tokens through promotional campaigns established by Beneat from time to time. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Beneat; (iii) are subject to the specific terms that Beneat establishes for such promotion or campaign. For instance, promotional offers may be available for certain Users only or may be limited to be used through specific Partners or at a specific time of the day.

7.3. Beneat may unilaterally determine the conditions applicable to the granting, use and validity of the Beneat credits and tokens.

7.4. Any signing-up bonus credits or tokens can be used only once.

7.5. The Users can use Beneat credits and tokens to get discount on their purchases only in the Beneat Service and subject to the specific terms of conditions of the specific campaign or promotion. Beneat credits and tokens cannot be exchanged to cash. The validity period of the Beneat credits and tokens you may have received is specified in the Beneat Service. Upon expiration, credits and tokens will be removed from your account. Expired credits and tokens are no longer redeemable and cannot be used towards any order.

7.6. The Beneat credits and tokens will be nullified if Beneat detects any abuse of Beneat credits or tokens or suspects or detects that Beneat credits or tokens have been granted on incorrect grounds. In such cases, Beneat shall invoice the amount that was paid using such Beneat credits or tokens.

8. Order Fulfillment and Notification

8.1. When the User places an Order through the Service, the request will be forwarded to the relevant Partner. The Partner shall have the discretion to accept or reject the Order. Upon acceptance, the Partner will either prepare the products for collection or deliver them, or, where applicable, provide the requested service at the location specified by the Partner or at a location specified by the User, where applicable.

8.2. In the case of products, the User will receive a notification confirming when the Order is ready for collection or has been delivered. For services, the User will be notified upon confirmation of the service appointment, including where applicable, the location or scheduled time for the provision of the service. If the service is to be provided at a location specified by the User (e.g., the User’s home), the Partner will make all necessary arrangements and notify the User of the appointment or service time.

8.3. The User is responsible for providing accurate and up-to-date contact details for any service appointments. If the User is unreachable or unavailable at the specified location for the service, the Partner may, at their discretion, cancel the Order, and the User may be subject to cancellation fees or charges, as set forth by the Partner's policies.

8.4. The User may choose between different service options available, such as in-store services or services provided at a specified location. For at-location services, the Partner will notify the User upon scheduling the service, or when the Partner is en route to the location for service provision.

9. Time Estimates

9.1. Any time estimates provided for the completion of services or the preparation of products by the Partner, as communicated through the Service, are for informational purposes only and do not constitute a binding commitment. The actual duration of services may vary based on the specific circumstances of the User, which may be determined only upon the User's arrival at the Partner's location (e.g., hair coloring may take 30 minutes for short hair and 75 minutes for long hair, despite an estimated duration of 60 minutes provided on the marketplace).

10. Intellectual Property Rights

10.1. All Intellectual Property Rights in or related to the Beneat Service and related documentation, as well as all parts and copies thereof, shall remain exclusively vested with and be the sole and exclusive property of Beneat and/or its affiliates, subcontractors, or licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, trade names, trade secrets, know-how, and any other form of registered or unregistered intellectual property rights.

10.2. These Terms of Service do not grant the User any Intellectual Property Rights in the Beneat Service, and all rights not expressly granted hereunder are reserved by Beneat and its subcontractors or licensors.

10.3. Beneat shall not be responsible for any investigation, defense, settlement, or discharge of any claim that its applications or services, or your use of them, infringe any third-party intellectual property rights.

10.4. The User grants to Beneat a worldwide, royalty-free, sub-licensable, and transferable right to use, modify, reproduce, distribute, display, and publish any content provided by the User in connection with the Beneat Service. Such content may include photographs, data, information, feedback, suggestions, text, and other materials uploaded, posted, or otherwise transmitted relating to the Beneat Service.

11. Additional Provisions for Use of the Beneat Service

11.1. The Beneat Service is only available to persons 18 years of age or older. You may not register as a User if you do not fulfill this requirement.

11.2. The User shall comply with all applicable rules and regulations when using the Beneat Service. Some Partners may impose restrictions related to the use of their services, such as requiring age verification, additional documentation, or adherence to specific policies. The User is responsible for meeting these requirements.

11.3. Beneat is continuously developing the Beneat Service and may modify or remove features, services, or Partners available within the Service at its sole discretion.

11.4. The User acknowledges that any content or information provided by Partners within the Beneat Service may not be reviewed or verified by Beneat. Beneat is not responsible for the accuracy, completeness, or legality of such content or any damages resulting from reliance upon it.

11.5. The User is responsible for obtaining and maintaining the devices, connections, and other equipment required to access and use the Beneat Service, as well as any associated costs.

11.6. The User agrees not to: (i) use or attempt to use another person’s Beneat account without authorization; (ii) copy, modify, or create derivative works of the Beneat Service; (iii) reverse-engineer, decompile, or attempt to derive the source code of the Beneat Service; (iv) remove any copyright, trademark, or other proprietary rights notices from the Beneat Service; (v) collect or misuse information from the Beneat Service without Beneat’s consent; (vi) use bots or other automated tools to access the Beneat Service; or (vii) create an account using false or stolen information.

11.7. Beneat may, at its sole discretion, suspend or terminate a User’s access to the Beneat Service if: (i) the User violates these Terms; (ii) Beneat has reason to suspect fraud or misuse of the Service; (iii) the User causes harm to Beneat, its Partners, or other Users; or (iv) the User engages in inappropriate behavior, including but not limited to harassment, discrimination, or abuse directed at Beneat staff or Partners.

11.8. Beneat is the controller of personal data collected through the Service unless otherwise indicated. Beneat processes such data in accordance with its Privacy Statement.

11.9. The User must comply with applicable third-party terms when using the Beneat Service or app.

11.10. The User represents and warrants that they are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country, nor are they listed on any U.S. Government list of prohibited or restricted parties.

12. Term and termination

12.1. These Terms of Service are in force as a binding agreement between Beneat and the User until further notice as long as the User is using the Beneat Service.

12.2. The User can discontinue the use of the Beneat Service at any time. Beneat can discontinue providing the Beneat Service permanently or temporarily at any time.

13. Defects and Complaints

13.1. The Beneat Service may be temporarily interrupted, suspended, or permanently discontinued at any time. Users should not rely on the Beneat Service for data backup or storage purposes. While Beneat endeavors to provide a reliable and functional platform, Beneat does not guarantee the reliability, functionality, timeliness, quality, or suitability of the Service or its features. Beneat disclaims any promises or guarantees not expressly stated in these Terms of Service.

13.2. The Partner is solely responsible for the content, quality, safety, and packaging of the products or services offered through the Beneat Service. If defects or shortcomings are found in the products or services provided, Users should contact the Partner directly or Beneat’s customer support for assistance. For perishable products or time-sensitive issues, Users must notify the defect promptly to allow proper investigation and verification. The Partner or Beneat may request documentation, such as photographs, to confirm the defect. Users are entitled to reimbursement in accordance with applicable laws for verified defects.

13.3. The Partner bears sole responsibility for any defects in the preparation, packaging, or performance of the Order. Beneat is not liable for the information provided by the Partner on the Beneat Service and makes no warranties regarding the availability, quality, or suitability of the products or services offered.

13.4. Beneat is solely responsible for any claims related to the Beneat App or Service, including but not limited to product liability claims, failure to meet legal or regulatory requirements, and claims arising under consumer protection or similar laws. Beneat is also responsible for providing any necessary maintenance or support for the Beneat App, as required by law.

14. Quality Upon Acceptance and Statutory Rights from Defective Performance of the Partner

14.1. The Partner is responsible for ensuring that the products or services provided are free from defects at the time of receipt or performance. Specifically:

(i) Products must conform to the agreed description, type, quantity, quality, functionality, and other agreed characteristics, and be fit for their intended purpose.

(ii) Services must be performed with professional skill and care, conform to the agreed description, and meet the reasonable expectations of the User.

(iii) Products and services must comply with applicable laws and third-party rights and be provided with necessary accessories, instructions, and documentation as reasonably expected.

14.2. If a defect in a product or service manifests itself within one year of receipt or performance, the product or service shall be presumed defective upon delivery or performance, unless the nature of the defect or the product/service indicates otherwise.

14.3. The Partner is liable for defects in products or deficiencies in services arising within 24 months of receipt or performance. The Partner must rectify such defects or deficiencies in accordance with applicable laws.

14.4. If the product or service does not meet the characteristics set out in section 16.1, you may request replacement products or re-performance of the service, unless unreasonable due to the nature of the defect. If only part of a product or service is defective, you may request replacement or re-performance of the relevant part. If replacement or re-performance is not feasible, you may withdraw from the Purchase Agreement. For remediable defects, you have the right to rectification free of charge, with expenses borne by the Partner.

14.5. You may request replacement products or re-performance of a service, even for remediable defects, if the defect recurs after rectification or if there are multiple defects that prevent proper use. In such cases, you are also entitled to withdraw from the Purchase Agreement.

14.6. If you do not withdraw from the Purchase Agreement or request replacement, repair, or re-performance, you may request a reasonable discount for the defect or deficiency. This applies if the Partner is unable to rectify the issue within a reasonable time, replacement or re-performance is not possible, or rectification would cause significant inconvenience.

14.7. You are not entitled to remedies for defective performance if you were aware of the defect or deficiency before receipt or performance, or if you caused the defect or deficiency.

14.8. The Partner is not liable for defects or deficiencies resulting from normal wear and tear, misuse, or failure to follow instructions. For second-hand products or services agreed upon with limitations, the Partner is not liable for defects consistent with their agreed condition or limitations. For reduced-price products or services, the Partner is not liable for defects that justify the price reduction, but you may request a reasonable discount instead of replacement or re-performance.

15. Complaint Handling for Products and Services

15.1. In case of a defect or issue with a product or service, you must file a complaint in accordance with the requirements under section 13.2 above. Complaints can be submitted directly to the Partner by phone, to their postal or email address, or in person at the Partner’s physical location (if applicable). If the complaint is submitted in writing or electronically, you must provide your contact details, a description of the defect or issue, and a request for the desired resolution.

15.2. When reporting a defect or issue, you must inform the Partner or Beneat (acting on behalf of the Partner) of your chosen remedy without undue delay. Changing the requested remedy is only allowed if the initial request (e.g., repair) proves to be unfeasible. If the Partner fails to rectify the defect within a reasonable time or notifies you that it will not be rectified, you may request a reasonable discount from the purchase price or withdraw from the Purchase Agreement.

15.3. You must provide proof of purchase (e.g., a receipt) when filing a complaint. The complaint period begins upon submission of the complaint to the Partner or Beneat. If necessary, you must deliver the defective product to the Partner or a designated location for repair at the time of filing the complaint or shortly thereafter. Products must be packaged securely to prevent damage during transport and should be clean and complete.

15.4. The Partner must decide on the complaint without undue delay, no later than three working days after the complaint is submitted, unless an expert assessment is required. If expert assessment is necessary, you will be informed within the same time frame. The Partner must handle the complaint, including rectification of the defect, without undue delay and within 30 days unless a longer period is agreed upon in writing. If the complaint is not resolved within this time, you may withdraw from the Purchase Agreement or request a reasonable discount.

15.5. The time available to exercise your rights from defective performance is extended by the period between the submission of the complaint and its resolution or until you are notified to retrieve the item if applicable.

15.6. In the case of a justified complaint, you are entitled to reimbursement for reasonable costs incurred in addressing the defect or issue.

16. Applicable Law and Dispute Resolution

16.1. These Terms of Service shall be governed by and construed in accordance with the laws of the country where the User is located.

16.2. If you are a consumer, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile.

16.3. Disputes arising from these Terms of Service shall be resolved by the competent courts of the country where the User is located. A consumer may, however, always institute proceedings in the competent court of its domicile. If you are a User domiciled in the EU, you and Beneat may also use the ODR platform managed by the European Commission to settle disputes. This platform can be found on ec.europa.eu/odr. You may also refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile, the Czech Trade Inspection Authority, coi.cz, in the Czech Republic.

17. Amendments

17.1. These User Terms of Service are subject to amendments. In case of any discrepancies between these User Terms of Service and any local language version of these User Terms of Service, these terms shall prevail.

17.2. Beneat shall publish the amended User Terms of Service at the Beneat Website. Wolt shall inform the User of any changes that are material by nature on the Beneat Service or by email to the email address submitted to the Beneat Service by the User. If the User does not agree to any amended Beneat Terms of Service, they shall discontinue the use of the Beneat Service.

18. Assignment

18.1. Beneat shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Beneat Service without the User’s prior consent.

18.2. The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.

Updated 19.01.2025