Terms & Conditions
Last updated: October 2016
In these Terms, 'us', 'we' and 'our' means Beauro Pty Ltd and our related bodies corporate.
Our mobile and web applications and related online services enable you to view, navigate and book beauty service appointments (Booking Service) with our partnered professional beauty service providers (Service Providers).
We provide our Booking Service, subject to these Terms (as amended from time to time).
The following section applies if you are a Customer.
You do not need to be a registered member to use much of the functionality of our website or to access much of the information regarding the Service Providers. However, you must register in order to book an appointment with a Service Provider. We reserve the right to decline a new registration or to cancel an existing registration at any time.
When you register and activate your account, you must also create a password. You are responsible for keeping this password secure and are responsible for all use and activity carried out using this password.
If you are under the age of 12 years, you may not create an account or register as a member. If you are 12 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (Minor) to create an account, you agree to:
(i) exercise supervision over the Minor's use of our Booking Service and account;
(ii) assume all risks associated with the Minor's use of our Booking Service and their account, including the transmission of content or information to and from third parties via the Internet;
(iii) ensure that the content and information that the Minor may encounter on our website, or through the use of our Booking Service, are suitable for the Minor;
(iv) assume liabilities resulting from the Minor's use of our website, the Booking Service and their account;
(v) ensure the accuracy and truthfulness of all information submitted by the Minor; and
(vi) provide the consents contained in these Terms on behalf of the Minor.
We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website, the Booking Service and your account on this basis.
When you book an appointment with a Service Provider through the Booking Service, you will be prompted to choose a service and preferred appointment date and time. Upon submitting your appointment booking, the Service Provider will contact you and confirm availability. We do not guarantee availability of appointment times when you book with a Service Provider using the Booking Service.
Before you can book an appointment through the Booking Service, you must provide credit card details to our payment service provider (Payment Service Provider).
Once your appointment has been confirmed by the Service Provider, the Payment Service Provider will debit the price of the service from your credit card 24 hours before your scheduled appointment. If you book an appointment with a Service Provider within 24 hours of the time of the appointment, funds will be debited immediately.
You irrevocably authorise us to, on your behalf, direct the Payment Service Provider to debit the price of your appointment from your credit card as described above.
If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold appointments with the Service Provider.
The price of a Service Provider’s services and other charges shown are in Australian dollars (unless otherwise indicated) and are current at the time of display, but may be subject to change.
Bookings made through our Booking Service are redeemable for certain goods, services or experiences offered by, or facilitated through, the Service Provider identified on the appointment details. The Service Provider is solely responsible for providing that service.
The Service Provider is the issuer of the offer and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (Liabilities) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the appointment booking or not. You release and indemnify us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from and against any Liabilities arising from or related to any act or omission of a Service Provider in connection with your use of an appointment or the services/goods it provides in connection with it.
You acknowledge that we do not warrant the standard or performance of any service offered or provided by a Service Provider or that any Booking Service will fulfil your expectations or requirements.
Each Service Provider will have their own applicable terms and conditions in relation to the supply of their goods and services. You agree to (and will) abide by those terms and conditions. The responsibility to do so is yours alone.
In Australia, goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
Cancellations and refunds
If you wish to cancel an appointment booked with a Service Provider using our Booking Service, you must do so by providing at least 24 hours notice in advance of the day of your appointment. You may cancel your appointment online or by contacting the Service Provider directly. In some cases you may be required to cancel your appointment in accordance with that Service Provider’s individual cancellation policy.
If you fail to cancel your appointment by providing 24 hours notice, you will still be charged the full amount of your appointment. Each Service Provider may, at its sole discretion, choose to honour your payment for use at a later date and/or time.
The following section applies if you are a Service Provider.
Appointment means a professional beauty services appointment offered by the Service Provider using the Booking Service;
Balance means the amount paid by a Customer for an Appointment using the Booking Service less the Commission;
Book means the process by which a Customer books an Appointment using the Booking Service as determined by us from time to time and Booked / Booking have corresponding meanings;
Commission means a percentage (as agreed between us and the Service Provider) of the amount paid by a Customer for an Appointment using the Booking Service to be withheld by us in consideration for the provision of services to the Service Provider with respect to the Booking Service; and
Customer means the end-customer who Books any Appointment(s) using the Booking Service.
We are entitled to the Commission for each Customer who Books an Appointment using the Booking Service.
The Service Provider appoints us as agent, and authorises us, to collect from the Customer all monies payable in respect of such Booking on behalf of the Service Provider.
We will retain that part of the monies attributable to the Commission and remit the Balance to the Service Provider in the manner required by this Part B.
Payment of Commissions
We will remit the Balance to the Service Provider in accordance with the terms, policies and procedures of our Payment Service Provider.
The Service Provider agrees and acknowledges that we are entitled to withhold and retain the Commission in respect of each and every Appointment Booked by a Customer using the Booking Service, irrespective of whether the Customer cancels or fails to attend the Appointment.
In this clause 6, a word or expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the meaning given to it in that Act.
Any Commission paid to us by the Service Provider is inclusive of any GST payable.
If the Service Provider has specified that it is an Australian resident for taxation purposes, the Service Provider agrees to supply us with its valid Australian Business Number (ABN), and any Commission the Service Provider pays to us will be:
(i) paid inclusive of any GST but exclusive of any other tax or charge which may apply to the Commission under any relevant law and, for which we are solely responsible; and
(ii) supported by a recipient created tax invoice issued to the Service Provider by us in accordance with the requirements of the GST legislation then in force.
Recipient Created Tax Invoices
We will issue a recipient created tax invoice to the Service Provider in respect of the Commission.
The Service Provider acknowledges that it is registered for GST and the Service Provider agrees to notify us immediately if it ceases being registered for GST at any time.
The Service Provider agrees to provide us with its valid ABN.
We acknowledge that we may be required to be registered for GST. If required at law, we will be registered for GST and will notify the Service Provider if we cease being registered for GST at any time.
The Service Provider must ensure any promotional, advertising or other material(s) it distributes (in any format) which refers to us or the Booking Service, or any such material(s) which the Service Provider makes available to us for promotion through the Booking Service:
(a) does not contain any misrepresentations or warranties relating to us or the Booking Service;
(b) complies at all times with all relevant advertising standards and applicable laws (including without limitation, spam and consumer protection laws); and
(c) does not contain any offensive, misleading, derogatory, harmful, infringing or unacceptable content.
The Service Provider consents to our use of any information the Service Provider supplies to us, for the purposes of providing notifications, offers, marketing or promotions concerning or related to the Service Provider’s services and/or the Booking Service.
Intellectual Property Rights
Nothing in these Terms constitutes, or shall result in, a transfer of any intellectual property rights belonging to us to the Service Provider. We retain all right, title and interest in the Booking Service and the website.
Licence of Marks
The Service Provider grants to us a non-exclusive, transferable, royalty-free, limited licence to use certain trademarks, logos or service marks (whether registered or not) belonging to the Service Provider (if any) for the purpose of promoting the Service Provider’s services through the Booking Service.
Service Provider’s Indemnity
The Service Provider agrees to indemnify, keep indemnified and hold us harmless from and against any and all actions, claims, proceedings, losses, damages, costs and expenses (including legal fees and expenses on a solicitor/client basis) and other liabilities of whatever nature, whether foreseeable or not, and whether direct or indirect, incurred by us in respect of any claim (i) by a third party arising in connection with this Part B (except to the extent such a third party claim arises as a direct result of our breach of this Part B), or (ii) arising in connection with the Service Provider’s breach of this Part B.
To the maximum extent permitted by law, all conditions, warranties and guarantees expressed or implied by any legislation, the common law, equity, trade, usage or otherwise in relation to the supply of services under this Part B or otherwise in connection with this Part B, are expressly excluded.
To the maximum extent permitted by law, the Service Provider agrees that we have no liability to the Service Provider, any Customer or any third party for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this Part B.
Certain provisions of the Competition and Consumer Act 2010 (Cth) and other statutes, rules and regulations in Australia may imply certain non-excludable warranties or conditions or mandate certain statutory guarantees. To the extent that they are not permitted to be excluded, our liability for breach of such conditions, warranties or guarantees and the Service Provider’s sole and exclusive remedy in relation to such breaches shall be limited to:
(i) in the case of goods, at our option:
(A) replacing or repairing those goods, or supplying of equivalent goods; or
(B) paying the cost of replacing or repairing goods or of acquiring equivalent goods; and
(ii) in the case of services, at our option:
(A) supplying the services again; or
(B) paying the cost of having the services supplied again.
The following section applies to anyone using this website or the Booking Service.
We may disclose that information to third parties that help us deliver our Booking Service (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our Booking Service to you. We may also disclose your personal information to recipients that are located outside of Australia. Where practicable, we will inform you about where your information is sent. However, at all times we will ensure compliance with the Australian Privacy Principles in relation to any off-shore transfer of your information.
Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended only to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or Booking Services, or the information, products or services described therein. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
Your continued use of the website or Booking Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the website or Booking Service.
The Booking Service includes certain services that are available via a mobile device, including the ability to browse the Booking Service and the website from a mobile device (Mobile Services). To the extent you access the website through a mobile device, your mobile service carrier's standard charges, data rates and other fees may apply. In addition, downloading or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
By using the website, you agree that we may communicate with you regarding us and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website, the Booking Service or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Booking Service the Content or any part of it is prohibited, except to the extent permitted by law.
In using this website, you must not do any act that we deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
(i) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
(ii) using this website to defame or libel us, our employees or other individuals;
(iii) uploading files that contain viruses that may cause damage to our property or the property of other individuals;
(iv) posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, the Booking Service, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the Booking Service, our website and/or the information or materials contained therein, or as a result of the inaccessibility of the Booking Service or this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Jurisdiction and governing law
These Terms and your use of the Booking Service or the website are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
Beauro Pty Ltd