Website Terms of Use

BEAUTY JUNKIE – WE’VE GOT YOUR FIX WEBSITE TERMS OF USE

Thank you for using our website located at www.beautyjunkie.com.au. We appreciate your use of the services provided by us. Please read these terms (‘Terms’) carefully as they govern your use of our website.

This website is operated by Beauty Junkie Pty Ltd (ACN 615 793 998) (‘Beauty Junkie – We’ve got your Fix’). Beauty Junkie – We’ve got your Fix may amend these terms at any time, and by continuing to use this website (‘Website’), you accept the Terms as they apply, and as amended from time to time.

We welcome your feedback. Please contact us through our Website or by phone or email.

1. TERMS OF USE

In using this Website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website. Please review our Privacy Policy which also governs your use of the information we provide in relation to our supply of services, to understand our practices regarding personally identifiable information about you that we collect through our business. The terms and conditions of the Privacy Policy are incorporated herein and made a part of these Terms.

2. OUR SERVICES

(1) Beauty Junkie – We’ve got your Fix is the operator of a digital marketplace that connect suppliers of beauty and health products and services (“beauty pros”) with customers (“beauty clients”) through its mobile app (our “Beauty Junkie App”).

(2) Our Beauty Junkie App provides a booking service to facilitate digital commerce between beauty pros and beauty clients subject to the signup terms and conditions of accessing, using and continuing to use our booking platform.

(3) Users of our booking platform must agree to the Beauty Junkie Terms and Beauty Junkie Privacy Policy which will be offered as a condition of using our Beauty Junkie App and can be accepted by clicking “I agree and consent”.

(4) In our Beauty Junkie Terms, you will be informed of your rights and responsibilities in relation to using our booking services when creating an account as a beauty pro or as a beauty client, including user responsibilities, the proper use of our Beauty Junkie App, intellectual property and licensing rights, payment details for purchases made through our app store, disclaimers and warranties and procedures for account termination.

(5) In our Beauty Junkie Privacy Policy, you will be informed of how we deal with and store your personal information in accordance with the Australian Privacy Law.

(6) Our Beauty Junkie App is available to download and use through a licence offered on iOS with Android to follow.

(7) The content on this Website is provided as general information only and is made available to you for your personal, non-commercial use. This information is presented for the purpose of outlining products and services listed for supply, including information relating to third party products and our Beauty Junkie App.

2. WHO MAY USE OUR PRODUCTS AND SERVICES

(1) As a condition of your use of our Website and the supply of our services, you warrant that:

(a) you are at least 18 years of age;
(b) you are a person authorised to enter into a legally binding contract if you are using our services on behalf of another person or legal entity; and
(c) all relevant consents have been obtained to use our services.

(2) We retain the right in our sole discretion to deny anyone access to this Website or the services that we offer including through our Beauty Junkie App, at any time and for any reason.

3. NO RELIANCE ON INFORMATION

(1) All information provided by us on this Website pursuant to these Terms is provided in good faith. You accept that any information provided by us is general information only. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update, change, modify, add or remove these Terms at any time.
(2) You should not rely solely on the information or any other content posted on this Website but should consult with us directly in relation to the supply of our services.
(3) You must provide current, accurate identification, contact, and other information to enter an agreement with us that may be required as part of the registration process for our supply of services including any supply through our Beauty Junkie App.

4. INTELLECTUAL PROPERTY NOTICE

(1) Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all the content on the Website including any intellectual property rights in it. You may not copy, reproduce, post, transmit or modify any content on this Website without our authorisation.
(2) Copyright in this Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party.
(3) By adding any content onto the Website (if we make this available), you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner. This licence will survive any termination of these Terms.

(4) The Beauty Junkie – We’ve got your Fix name and logo are exclusively the trade marks of our business. You must not use of any of our trade marks:

 in or as the whole or part of your own trade marks;
 in connection with activities, products or services which are not ours;
 in a manner which may be confusing, misleading or deceptive;
 in a manner that disparages us or our information or services (including on this Website).

5. ADVERTISING AND LINKS

(1) Some of the information provided on the Website may concern products or services of third parties or may be the information of third parties. We are not responsible for the accuracy of this information or the suitability or quality of the products and services of the third parties. You should contact the relevant third party supplier directly to enquire on that information prior to entering into a transaction in relation to the third party products and services depicted on the Website. The third-party products, services and information are not provided or endorsed by us and your legal relationship is with the third-party supplier.

(2) The Website may contain links and other pointers to Internet websites operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. You link to any such website is entirely at your own risk.

6. NO REPRESENTATION OR WARRANTY

(1) The information contained in the Website is presented for the purpose of outlining products and services listed for supply through the Website and our Beauty Junkie App. All information contained on the Website, including information relating to third party products and services, is for information purposes only.
(2) We do not warrant that product or services descriptions or other content on this Website is accurate, complete, reliable, current, or error-free.
(3) In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure.
(4) We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service.
(5) It shall be your own responsibility to ensure that any products or services or information offered through this Website meets your specific requirements.

7. PRICES ARE SUBJECT TO CHANGE

Any prices displayed for a supply on the Website or our Beauty Junkie App are subject to change without notice.

8. RETURNS AND REFUNDS

(1) We handle returns and process refunds in accordance with the Australian Consumer Law.
9. LIMITATION OF LIABILITY

(1) To the maximum extent permissible at law including under the Australian Consumer Law, we are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, any claims or losses for loss of use, data or profits, arising out of or in any way connected with your use of the Website, our Beauty Junkie App or the provision of or failure to provide any products or services.
(2) We expressly exclude liability for any inaccuracies or errors on this Website to the fullest extent permitted by law.
(3) These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible we limit our liability at our option as follows:
(a) for any claims relating to our services to the fees payable under a relevant agreement or other supply arrangement for the preceding one (1) month;
(b) in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products or (d) the payment of having the products repaired;
(c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
(4) This clause survives the termination or expiry of these Terms for whatever reason.

10. INDEMNITY

You agree to indemnify Beauty Junkie – We’ve got your Fix , its affiliates, employees, agents, contributors, third party content providers and licensors from and against 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 any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms. By entering the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

11. GENERAL DISCLAIMER

Save for your statutory rights, in respect of the Website:

(1) All material on the Website is provided to you without warranties of any kind, either express or implied;
(2) We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
(3) We do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;
(4) We do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise;.

You expressly acknowledge that we do not exert control over users of the Internet and are not liable for any damage suffered by you, either directly or indirectly, as a result of you accessing the Website.

12. DISPUTES
If a dispute arises out of or relates to the Terms, 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.

13. FORCE MAJEURE
Notwithstanding any other provision of these Terms, we need not act if it is impossible to act due to force majeure, meaning any cause beyond its control (including war, riot, natural disaster or law taking effect after the date of these Terms). We have no responsibility or liability for any loss or expense suffered or incurred by you because of not acting for so long as the force majeure continues.

14. GENERAL

These Terms are governed by and construed in accordance with the laws of the State of Victoria and Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State Victoria and Courts of Appeal from them for determining any dispute concerning these Terms. If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect. In the event of any conflict between these Terms and our Privacy Policy and any other agreement entered between you and us, the terms of the other agreement will prevail.

© 2018 Beauty Junkie Pty Ltd. All Rights Reserved. Beauty junkie – we’ve got your FIX™

Website terms of use last updated 14 January 2018