Terms and Conditions
BEAUTY JUNKIE PTY LTD APP TERMS AND CONDITIONS FOR BEAUTY PROFESSIONALS
1. ABOUT THE APP
1.1 Welcome to our Beauty Junkie application (the “App”). The App is published by or on behalf of Beauty Junkie Pty Ltd (ACN 615 793 998) (“Beauty Junkie”).
1.2 The App is a digital marketplace through which beauty professionals (a “Beauty Pro”) offer beauty services (“Beauty Services”) to clients (the “Client”) to book Beauty Services from Beauty Pros.
1.3 By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions (“Terms”).
1.4 Please read these Terms carefully. These Terms govern your use of our App. In using this App, you agree to be bound by the Terms. If you do not accept the Terms, you must refrain from using the App, or any of the Beauty Services, immediately.
1.5 Beauty Junkie is solely the operator of the App as a digital platform that connects Beauty Pros with Clients (the “Services”). The Services comprise a mobile application and related services which enables users to supply Beauty Services and Customers to purchase Beauty Services.
1.6 Beauty Junkie does not provide Beauty Services and each Client is solely responsible for selecting the Beauty Pro for the Beauty Services that will be performed. Any decision made to select a Beauty Pro, is made in the Client’s sole discretion and at their sole risk and each Client must decide whether a Beauty Pro is suitable for the Beauty Services required.
1.7 Each member is solely responsible for all customer service issues relating to the supply of Services. Beauty Junkie is solely responsible for customer service issues relating to the use of members’ account and the processing of payments.
1.8 You must be a registered member to make bookings and access some features of the App. To register as a member and use the App, you must have the capacity to enter into a legally binding agreement. If you register with our App as a member, submit any material to our App or use any of our App services, we will ask you to expressly agree to these terms and conditions.
1.9 By using the App, you grant your consent to us to send to you direct marketing communications to the email address you provide from which you may unsubscribe at any time.
1.11 Beauty Junkie may amend any of the Terms at any time, and by continuing to use the App you accept the Terms as they apply from time to time.
2. REGISTRATION AND ACCEPTANCE OF TERMS (‘MEMBERS’)
2.1. To supply the Beauty Services or obtain access to the Beauty Services, you must first register for an account through the App (“Member Account”). By registering for a Member Account, you will be required to accept the terms and conditions of membership by clicking “I accept” in the user interface as a condition of joining as a member (“Member”).
2.2. A reference to a Member or “you” or “your” means and includes a Beauty Pro or a Client, as applicable. Beauty Junkie may, in its sole discretion, deny anyone access to membership or the Beauty Services or the App at any time and for any reason.
2.3 As part of the registration process for membership, and as a condition of your use of the App and Beauty Services, you must provide current, accurate identification, and other information to enter into this agreement with Beauty Junkie, including but not limited to:
(a) a valid ABN registration number
(b) an email address
(c) preferred username
(d) a mailing address
(e) a telephone number, and
(f) a password; and
(g) national police check.
You acknowledge and agree as a Member to provide accurate, true and correct information for an Registration Data required. Beauty Junkie may undertake additional enquiries to confirm the identity, background or qualifications of any Members.
2.4 As a condition of your use of the App to supply and receive the Beauty Services, you warrant and agree any information you provide to Beauty Junkie as part of the registration process, including information relating to third parties, is accurate, correct and up to date. Once you have completed the registration process, you will be a registered Member bound by the Terms to form an agreement with Beauty Junkie.
2.5 You can cancel your registration and delete your Member Account in accordance with clause 10.
2.6 You agree that:
(a) we do not confirm the identity of App users including Members (either as an Beauty Pro or a Client), check their credit worthiness or bona fides, or otherwise vet them;
(b) we do not check, audit or monitor the information contained in App listings;
(c) we are not party to any contract for the supply or purchase of Beauty Services advertised on the App;
(d) we are not involved in any transaction between a Client and a Beauty Pro in any way, save that we facilitate a digital marketplace for Beauty Pros and Clients to meet and process payments on behalf of Beauty Pros;
(e) we are not the agents for any Beauty Pro or Client.
2.7 You agree that:
(a) we will not be liable to any person in relation to the offer for sale or supply of any Beauty Services advertised on our App;
(b) we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or supply of any Beauty Services and we will have no obligation to mediate any disputes between the parties to any such contract;
(c) we cannot be held responsible for the actions or representations of our Members, either on or off the App;
(d) we cannot guarantee that any information provided by a Member is true, accurate, complete, current and not misleading or deceptive; and
(e) you will not hold us liable in respect of any loss or damage arising out of any Member actions, representations or transactions.
2.8 Information about the services on the App is based on material provided by Members. This includes information about prices, availability and bookings, and the description of Beauty Services. Beauty Junkie is not responsible for the accuracy of such information as we rely on the information supplied by Members. If we become aware of any inaccuracies, we reserve the right to correct any information including but not limited to pricing. Except as required by law (including the Australian Consumer Law), we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us by Members or by third parties. Beauty Junkie accept no responsibility for any inaccuracy or incorrect description contained on this App. Each Beauty Pro remains responsible at all times for accuracy relating to images and service descriptions of the Beauty Services. Clients agree to make their own enquiries to verify information provided by Beauty Pros and to assess the suitability of services before booking any services.
2.9 Beauty Junkie does not accept responsibility for any change in prices or variation of services advertised, and all services and prices are subject to change without notice.
2.10 Beauty Junkie does not accept any liability for the acts, omissions or default, whether negligent or otherwise of any Members on the App in connection with any supply including in relation to contracts between Beauty Pros and Clients.
2.11 Beauty Junkie may in its absolute discretion refuse to facilitate the supply of services where:
(a) the Client has incorrectly or incompletely placed a booking;
(b) payment for services ordered by a Client has not been received; or
(c) any services are unavailable due to Force Majeure (means occurrence of an event or circumstances beyond the reasonable control of the party effected by it).
3. ACCESS TO APP AND LICENCE
3.1 Beauty Junkie is a digital marketplace operator that provides an App platform for Members with Member Accounts (Beauty Pro Account or Client Account as applicable) to connect online for the supply and purchase of Beauty Services.
3.2 Subject to compliance with these Terms, Beauty Junkie grants Beauty Pros a non-exclusive licence to supply Beauty Services using the App and a non-exclusive licence to Clients to purchase Beauty Services using the App.
3.3 Members warrant as a condition of their use of and access to the App and to the supply of Beauty Services that:
(a) they are authorised to enter a legally binding contract if they are supplying or using the Beauty Services on behalf of another person or entity; and
(b) they are not a person prohibited from supplying or receiving the Beauty Services under the laws of Australia or other country in which the Member resides or from which the Member accesses the Beauty Services.
3.4 You must not access and use the App and supply or purchase the Beauty Services if:
(a) you are not of legal age to form a binding contract with Beauty Junkie; or
(b) you are a person barred from supplying or receiving the Beauty Services under the laws of Australia or other countries or regions including the country or region in which you are resident or from which you use or plan to use the Beauty Services.
4. USER LOGIN DETAILS AND PASSWORD
4.1 If you register for an account with our App, Beauty Junkie will provide you with or you will be asked to choose a user ID and password.
4.2 You must not use your account or user ID in a way that is misleading or deceptive or in connection with the impersonation of any person including another person’s name, ID or password without permission.
4.3 You have the sole responsibility for protecting the confidentiality of your password and email address. You must notify us in writing immediately if you become aware of any disclosure of your password. The use of your password by any other person may result in the cancellation of your access to the App.
4.4 You are responsible for any activity on our App arising out of any failure to keep your password confidential, and may be held responsible or liable for any damages or losses arising out of such a failure.
5. GENERAL OBLIGATIONS AND CANCELLATION AND SUSPENSION OF ACCOUNT
5.1 As a Member, you acknowledge and agree that:
(a) you will use the App only for purposes permitted by the Terms and you will abide by any applicable law, regulation or generally accepted practices or guidelines regulating to any supply on this App in the relevant jurisdictions;
(b) your access to and use of the App is non-transferable;
(c) you must not use the App for any illegal or unauthorised purpose which includes collecting email addresses of other Members by electronic or other means for sending unsolicited email;
(d) any unauthorised commercial advertisements and other forms of solicitation may be removed from the App without notice and may result in termination of your membership or access to the App;
(e) you may not have more than one (1) active account. Beauty Junkie reserves the right to merge multiple accounts or to suspend or terminate your account and your access to Beauty Junkie App if you create more than one (1) account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, out-of-date or incomplete;
(f) you must not post content (if access is available) that is hateful, threatening, defamatory, contains mature content or is otherwise inappropriate;
(g) you agree to use the App in compliance with all local, state and federal laws and regulations.
5.2 If your booking or account shows signs of fraud, abuse or suspicious activity or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, out-of-date or incomplete, Beauty Junkie may cancel without notice any bookings associated with your name, email address or account, and close any associated accounts. In addition, we may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
6. BEAUTY PRO
(a) This section 6 applies to you if you are, or wish to be, a Beauty Pro offering Beauty Services to Clients through our App.
(b) You may register for a Beauty Pro Account with our App by completing and submitting the account registration form on our App, and clicking on the verification link in the email that the App will send to you.
(c) To register for a Beauty Pro Account, you must provide us with:
(i) your first and last name
(ii) your business name
(iii) Australian Business Number (‘ABN’)
(v) mobile telephone number
(vi) email address
(vii) Instagram ID Account (if any)
(d) There is no fee to download the App and register for a Beauty Pro Account.
(e) All payments for the purchase of Beauty Services will be enabled by Beauty Pro using the preferred payment method designed in your Beauty Pro Account. Except as otherwise required by law, any payments paid by or deducted from you in accordance with the Terms are final and non-refundable, unless otherwise determined by Beauty Junkie.
(f) By accepting a booking (‘the Order”) through the App, you enter into a legally binding contract with the Client. From the time of acceptance of each Order, Beauty Junkie acts solely as an intermediary between you and the Client. Orders are accepted when the Beauty Pro confirms availability for the supply of the Beauty Services.
6.2 App Listings
(a) If you register with our App as a Beauty Pro, you will be able to submit listings to the App.
(b) App listings that are submitted may be individually reviewed following submission.
(c) Without prejudice to our other rights under these Terms, we reserve the right at any time to reject, unpublish or delete any App listings that breach these Terms or that do not meet any additional guidelines for App listings published on our App.
(d) App listings submitted to our App must be true, fair, complete and accurate in all respects.
(e) App listings must be allocated to the appropriate category or sub-categories. If you cannot identify an appropriate category or sub-category for a App listing, please contact us.
(f) You must keep your App listings up to date using our App interface and you must immediately remove any App listings in respect of any supply that has ceased to be available.
(g) You must ensure that all prices specified in or in relation to a App listing are in Australian dollar currency only.
6.3 Beauty Pro Profile Terms
(a) The following terms apply to your profile (“Beauty Pro Profile”) on the App. You must enter the following information on your Beauty Pro Profile:
(i) details of your supply including where applicable what brand of products and equipment you use;
(ii) your expertise, qualifications and years of experience;
(iii) your contact details.
(b) You may set your own:
(i) availability for the supply of Beauty Services including days and times,
(ii) gallery of images demonstrating your Beauty Services; and
(ii) the prices for your Beauty Services.
(d) You may advertise in your Beauty Pro Profile any promotions or discounts that you offer from time to time.
(e) You must leave a user star rating for each Client after you have performed the Beauty Services otherwise your access to the App may be suspended. You will receive an in-App notification prompting you to leave a review.
(f) Your Beauty Pro Profile will in turn display user ratings and reviews from Clients. You may be flagged for items such as professionalism and punctuality of your Beauty Services or the standard of premises where the Beauty Services are performed. A Beauty Pro may instantly be denied access to and removed from the App if the Beauty Pro receives three (3) negative flags. The Beauty Pro will be notified of the removal by email.
(f) You must not use our App to advertise, buy, sell or supply physical products, intangible products or downloadable products.
(g) You must not advertise, buy, sell or supply through or in relation to our App any supply that:
(i) breaches any law, regulations or code, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
(ii) is obscene or morally unsuitable, in breach of any intellectual property right, or which is defamatory or illegal.
6.4 Terms of Supply
(a) You agree that a contract for the purchase and supply of Beauty Services will come into force between you and a Client and that you will supply the Beauty Services, in the following circumstances:
(i) a Client must add the Beauty Services he or she wishes to purchase to the shopping cart, and then proceed to the checkout;
(ii) if the Client is a new user, he or she must create a Client Account with the App and log in; otherwise, the Client must enter his or her login details;
(iii) once the Client is logged in, he or she must select the preferred date and time for the supply of the Beauty Services and confirm the Order and his or her consent to these Terms and the applicable listing terms and conditions of supply;
(iv) the App will pre-authenticate the Client’s payment to the Beauty Pro;
(v) the App will then send to the Client an automatically generated confirmation of booking;
(vii) The Beauty Pro accepts the booking by default, as per the Clients Order confirmation (at which point the Order will become a binding contract between the Beauty Pro and the Client) unless the Beauty Pro cancels the order (as per the cancellation terms) due to the Beauty Pro being unable to meet the Client’s Order.
(b) Beauty Pros must use the App interface to create App listings applying to their supply of Beauty Services for purchase by Clients.
(c) Beauty Pros must ensure that:
(i) App listings are sufficient to meet the Beauty Pro’s legal disclosure obligations and other legal obligations; and
(ii) they comply with all laws applicable to their App listings and supply of Beauty Services.
(d) The following provisions will be incorporated into the contract for the supply of Beauty Services by the Beauty Pro to the Client:
(i) the price for the Beauty Services will be as stated in the relevant App listing;
(ii) in addition to the price, GST, any valued added taxes and sales taxes will be payable by the Client;
(iii) provision of the Beauty Services are automatically confirmed by the Beauty Pro indicating they are able to meet the Client’s Order, including the booking dates;
(iv) Beauty Services must conform in all material respects to the description of the Beauty Services in the App listing and any other description of the Beauty Services supplied or made available by the Beauty Pro to the Client; and
(v) intellectual property rights in any works of the Beauty Pro listed on the App during course of the supply of the Beauty Services are hereby licensed by the Beauty Pro to Beauty Junkie.
(e) Beauty Pros undertake to comply with the agreed terms and conditions of supply in the Order.
6.5 Marketplace Commission
(a) Beauty Pros must pay to Beauty Junkie the following Commission in consideration of its marketplace platform services:
(i) 14 % commission (“Commission”) of the fee paid by the Client (“Purchase Price”) in respect of each sale of Beauty Services through the App.
(ii) Beauty Junkie will release the Purchase Price less the Commission to the Beauty Pro within twenty-four (24) hours of completion of the Beauty Services by the Beauty Pro.
(b) In respect of Commission payable to Beauty Junkie by Beauty Pros:
(i) Commission shall be payable at the rate of 14% of the aggregate purchase price of the Beauty Services (including GST, any value added taxes and sales taxes); and
(ii) the Beauty Pro agrees that Beauty Junkie may deduct Commission due from amounts held or processed by us on behalf of the Beauty Pro.
(c) All amounts stated in these terms and conditions are stated inclusive of GST, any value added taxes and sales taxes. All amounts stated on our App are stated inclusive of GST, any value added taxes and sales taxes.
(d) Beauty Junkie may vary our Commissions from time to time by posting new Commission rates on our App, but this will not affect Commissions for Beauty Services that have been previously paid.
(e) Beauty Junkie may vary Commission rates from time to time by posting new rates on our App, but this will not affect any liability to pay Commission that accrues before the new rates are posted.
(f) You must pay to us the Commissions in respect of our marketplace operator App services in accordance with any instructions on our App.
(g) If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
(h) If you owe Beauty Junkie any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of our App services to you.
(i) Beauty Junkie may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
(a) You acknowledge that a Client may not be the authorised user of a card including credit, debit, prepaid or gift cards (“Cards”) or may dispute the transaction and the Purchase Price may be reversed or charged back for a transaction (a “Chargeback”).
(b) In the event of a Chargeback, you will not receive payment for the supply of the Beauty Services and you agree that we may offset future payments to you if a Chargeback is issued for a transaction for which you previously received payment.
(c) You agree that you are liable for the full amount of the Purchase Price under Chargeback for a transaction and our Commission under these Terms.
6.7 Changes and Cancellations
(a) By making a booking with a Client, you accept and agree to the relevant cancellation and no-show policy that may apply to the Order.
(b) Beauty Pros must reschedule or cancel a booking at least 24 hours before the booking. Notice of the cancellation is encouraged by phone or email to the Client, but formally cancelled within the App via the cancel booking option. The cancellation and no-show policy of each Beauty Pro is made available on our App and in the booking confirmation email.
(c) The Client of a Beauty Pro who is late for a booking will receive an App notification informing the Client of this and will be given an election to cancel the booking with a full refund payable to the Client.
(d) Each Beauty Pro is solely responsible for all customer service issues relating to the supply of Beauty Services including booking changes and cancellations.
(e) Beauty Junkie reserves the right to grant a full refund to the Client in the event of a Beauty Pro:
(i) not showing for a booking; or
(ii) arrives unreasonably late for a booking.
(f) Beauty Junkie may cancel this Agreement with Beauty Pro for breach if a Beauty Pro:
(i) fails to notify a Client of a cancellation within 24 hours of a booking; or
(ii) cancels more than three (3) consecutive bookings, or cancels (8) or more bookings within a year.
6.8 Intellectual property and your content
(a) In these terms and conditions:
“Content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our App for storage or publication on, processing by, or transmission via, our App;
“Intellectual Property” means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, domain names, knowhow and other rights of a similar nature worldwide, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
“Moral Rights” means (a) a right of attribution of authorship; or (b) a right not to have the authorship falsely attributed; or (c) a right of integrity of authorship and rights of a similar nature anywhere in the world whether existing at the date of these Terms or which may come into existence after the commencement of these Terms.
(b) Beauty Pro warrants that in relation to any Content posted on this App that the:
(i) Beauty Pro owns the Intellectual Property in the Content or has all the applicable rights to use the Intellectual Property in the Content; and
(ii) the use of any or all of the Intellectual Property in the Content according to the Terms shall not result in the infringements of proprietary rights of third parties.
(ii) the Content is not in contravention of legislation, any advertising or marketing laws or any other third-party rights.
(c) You grant to Beauty Junkie a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute the Content in any existing or future media on and in relation to this App and any successor App.
(d) You grant to us the right to sub-license the rights licensed under section 6.6 (c).
(e) You grant to us the right to bring an action for infringement of the rights licensed under section 6.8 (c).
(f) You waive all your Moral Rights in the Content to the maximum extent permitted by any applicable law or otherwise grant to Beauty Junkie a genuine consent to deal with any of the Moral Rights in the Content.
(g) Beauty Junkie reserve but are not obliged to reject or amend any Content without notice and for any reason if Beauty Junkie in its sole discretion considers any Content to be objectionable or in violation of these Terms including where Beauty Junkie believes the Client is infringing the rights of intellectual property holders.
(h) Without prejudice to our other rights under these Terms, if you breach any provision of these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may delete, unpublish or edit any or all of your Content.
(i) You may edit your Content to the extent permitted using the editing functionality made available on our App.
(j) The Beauty Pro agrees to indemnify Beauty Junkie against all liabilities, costs and expenses which Beauty Junkie may incur as a result of any breach of this clause 6.8 by the Client.
(k) The obligations accepted by the Client under this clause 6.8 survive termination or expiry of these Terms.
6.9 Content rules
(a) You warrant and represent that your Content will comply with these Terms.
(b) Beauty Junkie reserves the right to but is not obliged to reject any Content without notice and for any reason if Beauty Junkie in its sole discretion considers any Content to be objectionable or in violation of these Terms including where Beauty Junkie believes the Beauty Pro is infringing the rights of intellectual property holders.
(c) You must not advertise, buy, sell or supply through or in relation to our App any supply that:
(i) breaches any law, regulations or code, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
(ii) is obscene or morally unsuitable, in breach of any intellectual property right, or which is libelous, defamatory or otherwise illegal.
7. LIMITED WARRANTIES AND LIABILITY
7.1 Beauty Junkie do not warrant or represent:
(a) the completeness or accuracy of the information published on our App;
(b) that the material on the App is up to date; or
(c) that the App or any service on the App will remain available.
7.2 Beauty Junkie reserve the right to discontinue or alter any or all of the Beauty Services on the App, and to stop publishing our App, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Beauty Services, or if we stop publishing the App.
7.3 To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our App and the use of our App.
7.4 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
7.5 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Beauty Junkie will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Beauty Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
7.6 Use of the App and the Beauty Services is at the Member’s own risk. Everything on the App and the Beauty Services is provided to a Member “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Beauty Junkie make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Beauty Junkie) referred to on the App. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the App, the Beauty Services, or any other products or services (including third party material and advertisements on the App);
(c) costs incurred as a result of you using the App, the Beauty Services or any of the products or services of Beauty Junkie; and
(d) the Beauty Services or operation in respect to links which are provided for your convenience.
7.7 You understand and agree that Beauty Junkie is intended to connect Beauty Pro and Clients to facilitate the provision of Beauty Services. Beauty Junkie is not itself a provider of Beauty Services nor will Beauty Junkie become a party to any agreements entered between Beauty Pros and Clients. Beauty Junkie makes no warranty as to the truth, suitability, quality or accuracy of any content or information provided by Beauty Pros or Clients, including, but not limited to, the ability of the Beauty Pro to complete the supply of Beauty Services or the Client’s ability to pay for the Beauty Services requested or booked. Any offer will be made or accepted at your own risk.
7.8 Beauty Junkie’ total liability arising out of or in connection with the Beauty Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed at our option:
(a) the resupply of the Beauty Services to you, or
(b) the Commission payable to Beauty Junkie.
Our aggregate liability to you in respect of any contract to provide Beauty Services to you under these terms and conditions shall not exceed the greater of the total amount paid and payable to us for providing our services.
7.9 You expressly understand and agree that Beauty Junkie, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
7.10 Beauty Junkie does not make any representation or warranty with respect to, or endorse any Beauty Pro or Client or their identity or background. Any review, feedback or rating of a Beauty Pro is not a guarantee of the outcome of the Beauty Services and Beauty Junkie will have no responsibility or liability of any kind for the performance of the Beauty Pro. Any use of or reliance on the services of the Beauty Pro is solely at the Client’s own risk.
7.11 Beauty Junkie will not be liable to a Member in respect of:
(a) any losses arising out of any event or events beyond our reasonable control;
(b) any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
(c) any loss or corruption of any data, database or software; and
(d) any special, indirect or consequential loss or damage.
8.1 You agree to indemnify Beauty Junkie, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the App or attempts to do so; and/or
(c) any breach of the Terms.
8.2 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our App or any breach by you of any provision of these Terms.
9.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our App;
(c) permanently prohibit you from accessing our App;
(d) commence legal action against you, whether for breach of contract or otherwise; and/or
(e) delete your account on our App.
9.2 Where we suspend or prohibit or block your access to our App or a part of our App, you must not take any action to circumvent such suspension or prohibition or blocking.
10.1 The Terms will continue to apply until terminated by either you or by Beauty Junkie as set out below.
10.2 Termination of these Terms does not affect any contract that has been formed between Members. A Member must comply with the terms of any contract entered into including providing the Beauty Services.
10.3 If you want to terminate the Terms, you may do so by:
(a) providing Beauty Junkie with 30 days’ calendar notice of your intention to terminate; and
(b) closing your account for all the services which you supply or use, where Beauty Junkie has made this option available to you.
10.4 Your notice should be sent, in writing, to Beauty Junkie via the ‘Contact Us’ link on our homepage.
10.5 Beauty Junkie may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Beauty Junkie is required to do so by law;
(c) the provision of the Services to you by Beauty Junkie is, in the opinion of Beauty Junkie, no longer commercially viable.
10.6 Beauty Junkie reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the App or the Beauty Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Beauty Junkie’s name or reputation or violates the rights of those of another party.
11.1 Members (Beauty Pro and Clients) are solely responsible for interactions and disputes with each other Member.
11.2 Beauty Junkie reserves the right, but has no obligation, to monitor disputes between Members although may involve itself in such a dispute for the purpose of improving the user experience of Members.
11.3 If a dispute arises out of or relates to the Terms as between Beauty Junkie and a Beauty Pro or Client, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(a) Compulsory process. A party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.
(b) Notification. A party claiming that a Dispute has arisen must notify each other party to the Dispute giving details of the Dispute.
(c) Initial period – efforts to resolve Dispute. During the 30-calendar day period after a notice is given (or longer period agreed in writing by the parties to the Dispute) (Initial Period) each party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
(d) Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute must be referred for mediation, at the request of any Disputant, to:
(i) a mediator agreed on by the Disputants; or
(ii) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, request that an appropriate mediator be appointed by a person appointed by the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
(e) Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
(f) Information. Any information or documents disclosed by a Disputant under this clause must be kept confidential and may not be used except to attempt to resolve the Dispute.
(g) Costs of mediation. Each Disputant must pay its own costs. The Disputants must pay equally the costs of any mediator engaged.
(h) The mediation will be held in Victoria, Australia.
(i) Failure to resolve. After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within thirty (30) calendar days after commencement of dispute resolution.
12. COPYRIGHT AND INTELLECTUAL PROPERTY
12.1 The works (‘Copyright Material’) in the App, the Beauty Services and all of the related products are subject to copyright and owned by the copyright owner. The Copyright Material on the App is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Beauty Services and compilation of the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, App, code, scripts, design elements and interactive features) are owned or controlled by Beauty Junkie, or its Members.
12.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Beauty Junkie, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to use the App pursuant to the Terms. The license operates for you to electronically access and use the App solely for the supply and purchase of the Beauty Services through the App in accordance with the Terms. Beauty Junkie may terminate this licence at any time, if you use the App or the Services, except as permitted by these Terms.
12.3 Beauty Junkie retains all rights, title and interest in and to the App and all related Services. Nothing you do on or in relation to the App will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
12.4 You may not, without the prior written permission of Beauty Junkie and the permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Beauty Services for any purpose, unless otherwise provided by these Terms.
12.5 The App and its content may not be copied, reproduced, publicly displayed, translated or distributed in any way (including mirroring) to any other computer, server, App or other medium for publication or distribution, without our express prior written consent.
13. THIRD PARTY APPS
13.1 Our App includes may refer to software apps owned and operated by third parties, and such references are not recommendations.
13.2 Beauty Junkie have no control over third party apps and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
14.1 In these Terms, Personal Information has the meaning as defined in any applicable Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth).
14.2 If a Member obtains Personal Information in the course of supplying or purchasing Beauty Services under these Terms, the Member must comply with its obligations under the Privacy Laws and not do any act or engage in any practice which would be a breach of the Australian Privacy Principles (APPs) as contained in the Privacy Act 1988 (Cth).
15.1 Beauty Junkie may revise these Terms.
15.2 The revised Terms shall apply to the use of our App from the date of publication of the revised Terms on the App, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms.
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.
17.1 If a provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. THIRD PARTY RIGHTS
18.1 A contract under these Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
19. ENTIRE AGREEMENT
19.1 These Terms shall constitute the entire agreement between you and us in relation to your use of our App and shall supersede all previous agreements between you and us in relation to your use of our App.
20. LAW AND JURISDICTION
20.1 The law in force in Victoria, Australia governs this Agreement. Each of the parties irrevocably submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, and any court that may hear appeals from any of those courts for any proceeding in connection with this Agreement.
21. OUR DETAILS
21.1 This App is owned and operated by Beauty Junkie Pty Ltd (ACN 617 870 685).
21.2 You can contact us:
(a) via our in app ‘App Help & Feedback’ section (under Settings); or
(b) via emailing us directly at: email@example.com
© 2018 Beauty Junkie Pty Ltd. All Rights Reserved. Beauty junkie – we’ve got your FIX™
Beauty pro app terms and conditions last updated 14 January 2018