MARKETPLACE TERMS AND CONDITIONS

Beautifinda Pty. Ltd. ACN 612 660 296 (referred to as Beautifinda) provides a booking and payment platform, searchable directory, social network and introductory service between people who require hair, makeup, tanning, wedding and other beautician and personal grooming services and beauticians, hairdressers and other beauty professionals who are able to provide hair, makeup, tanning, wedding and other beautician and personal grooming services (collectively, the Services).  The Services are available on the Beautifinda website at www.beautifinda.com.au (Site) and on the Beautifinda mobile application as may be available from time to time (App).

  1. Contract
    1. These Marketplace Terms and Conditions (Terms) form a binding legal agreement between Beautifinda, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services (referred to as User). By using the Site, the App and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully.  If there are any questions, the User is encouraged to contact Beautifinda using the contact details at the end of these Terms.
    2. The User’s use of the Site, the App and the Services, or the User submitting any URL link or equivalent to Beautifinda for the purpose of creating an Account indicates that:
      1. the User has had sufficient opportunity to access the Terms and contact Beautifinda;
      2. the User has read, accepted and will comply with the Terms; and
      3. the User is 18 years or older or if younger than 18 years, the User has the approval of its parent or guardian. 

If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.

    1. These Terms may be amended from time to time, without prior notice.  Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments.  Beautifinda recommends that each User check the current Terms, before continuing use of the Services. Beautifinda’s agents, employees and third parties do not have authority to change the Terms.
    2. These Terms supplement and incorporate the Beautifinda policies and terms and conditions, including without limitation the any website terms of use and privacy policy posted on the Site from time to time.
  1. Introductory Service Only
  1. The Site, the App and the Services provide a booking platform, payment platform, searchable directory, social network and an online introductory platform for people wishing to use the following Services (a Glammer):
      1. beautician services;
      2. hairdressing services;
      3. nail technician services; and
      4. other personal grooming services;

and those who can provide beautician and other personal grooming services (a Beautifier) through which (i) Beautifiers will be able to create a listing (Listing) on the Site and App, advertise the availability of any Beautifier services (Beautifier Services) and (ii) Glammers will be able to view Listings, request Beautifier Services and contact Beautifiers using the link provided on the Site and the App.

  1. A Beautifier must set out all relevant information in a Listing such as the location, description and availability of a Beautifier Service, the fee for a Beautifier Service and any other terms and conditions applicable to the supply of a Beautifier Service, such as the requirement for any preparation or instructions needed prior to a Booking.
  1. A Glammer will be able to book and pay for Beautifier Services through the Site and App. When a User books a Beautifier Service (Booking), they accept any terms and conditions set out in the relevant Listing.
  2. Each User may create a profile as per information requested on the Site and App (Profile).
  3. Glammers can view the Profiles of Beautifiers, and contact Beautifiers via their provided email address to make arrangements with the Beautifier.
  4. Each User understands and agrees that the Site and the App is an online introductory platform only, and that Beautifinda’s responsibilities are limited to facilitating the availability of the Site, the App and the Services.
  5. Beautifinda is not a party to any agreement entered into between a Glammer and a Beautifier. Beautifinda is not a referrer or booking agent, and provides no such related services. Beautifinda has no control over the conduct of Glammers, Beautifiers and any other users of the Site, the App and the Services.  Beautifinda disclaims all liability in this regard, as set out in these Terms.
  6. Any arrangement between a Glammer and a Beautifier is solely between the Glammer and Beautifier.  It is strictly and expressly not part of the User’s agreement with Beautifinda.
  1. Online Registration
  1. A User can browse and view Listings, the Site and App as an unregistered user of the Site or App. A User must register on the Site and create an account (Account) to access some Services and features on the Site and the App, including making a Listing, creating a Profile and making a Booking.
  2. Each User may only have one (1) Account on the Site and App including a Profile.
  3. Basic information is required when registering on the Site for an Account.  Each User is required to provide certain information including name, email address, and location and select a username and password.
  4. Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.  Beautifinda reserves the right to suspend or terminate any User’s Account and his/her access to the Site, App and Services if any information provided to Beautifinda proves to be inaccurate, not current or incomplete.
  5. To keep information secure and confidential, Beautifinda uses proactive firewall management, mod_security and CageFS with CloudLinux. Users will be requested by Beautifinda to change their passwords at regular intervals. Beautifinda’s servers are set up to follow industry standards and Beautifinda endeavours to keep its software up to date.
  6. It is the User’s responsibility to keep its Account details, username and password confidential.  The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
  7. The User will immediately notify Beautifinda of any unauthorised use of its Account.
  1. Users, User Profiles and Site use
  1. Users who have created an Account are permitted to create Profiles. The User’s Profile for its use of the Site and App is created from the personal information it provides to Beautifinda.
  2. Each User acknowledges and agrees that it is responsible for its own Profile.
  3. Users can access the Site and App to communicate with other Users and obtain or provide Beautifier Services.
  4. If a Glammer contacts a Beautifier and requests Beautifier Services, any agreement entered into is between the Glammer and Beautifier. Beautifinda is not a party to the agreement.
  5. Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk.  Beautifinda does not provide a User with and cannot guarantee that other Users have genuine intentions.
  6. Each User should report to Beautifinda, any activities or requests of Users which are, or which the User reasonably believes to be:

(i) suspicious;

(ii) inconsistent;

(iii) illegal; or

(iv) likely to have a negative effect on the reputation of Beautifinda, the Site, the App, Services and/or a User.

  1. Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
  1. Each User represents and warrants that any content (including images) that it provides or Profile or Listing that it posts or creates:
    1. will not breach any agreements it has entered into with any third parties;
    2. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
    3. will not conflict with the rights of third parties.
  1. For the avoidance of doubt, Beautifinda assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
  1. Beautifinda reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Profile or Listing for any reason, including Accounts and/or Profiles or Listings that Beautifinda, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, the App or Services.
  1. Ratings and Reviews
  1. Users may rate a Listing (Rating), which determines the popularity of a Listing. Glammers may also provide feedback to Beautifier regarding Beautifier Services purchased by that Glammer (Review).
  2. Ratings and Reviews of a Beautifier can be viewed by any User. Ratings and Reviews will remain viewable until the relevant Beautifier’s Account, Profile and Listing is removed or terminated.
  3. Glammers must provide true, fair and accurate information in their Review.
  4. If, in Beautifinda’s reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, Beautifinda may delete the Review or ban the Glammer from posting the Review. Beautifinda does not undertake to review each Review made by a Glammer.
  5. To the fullest extent permitted by law, Beautifinda is not responsible for the content of any Reviews.
  1. Forums
  1. The Site and App has a forum on which Members are able to communicate.
  2. Beautifinda asks Users to limit their discussions to topics which are relevant to Beautifinda’s Site, App and Services.
  3. Beautifinda reserves the right to remove any posts by Users which Beautifinda, at its sole discretion, deems to be inappropriate.
  4. Users acknowledge and agree that they are not permitted to post posts which contain foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insults or personal attacks.
  1. Payments
  1. Glammers and Beautifiers are required to pay the fees as set out on our Site or App (Fees).
  2. Glammers acknowledge that the use of the Services may result in charges to them for the Beautifier Services they receive, including any applicable insurance and taxes (Beautifier Fees).
  3. A service and booking fee (Service Fee) will be payable by the Glammer for each Booking. The Service Fee is payable at the same time as the Beautifier Fees.   
  4. Each User agrees to pay the relevant Fees, in the currency specified on the Site and App, at the time that it makes a Booking.
  5. Goods and Services Tax (GST) will be charged where applicable.
  6. As the Beautifier’s limited payment collection agent, Beautifinda will collect from the Glammer the Beautifier Fees on behalf of the Beautifier.
  7. At the end of each fortnight, Beautifinda will facilitate payment to a Beautifier’s nominated bank account of:
    1. the total Beautifier Fees accrued for the Beautifier Services provided to a Glammer by that particular Glammer during that fortnight;
    2. less the agreed commission (Commission Payment) payable by that Beautifier to Beautifinda for referring the Glammer(s) to that Beautifier,

such payment is the Completion Payment.

  1. The User may pay for the Services using the payment methods set out on the Site. 
  1. The payment will be processed upon receipt of the request for a Booking. The Completion Payment will be released and paid to the relevant Beautifier once the Beautifier informs Beautifinda that the Beautifier has provided the Beautifier Services to the Glammer. 
  2. The User must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means.  If a User’s payment is not able to be successfully processed then the request for a Booking may be cancelled.
  3. In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made.
  4. If the User makes a payment by debit or credit card, the User warrants that the information provided to Beautifinda is true, accurate and complete, that the User is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the User will maintain sufficient funds in the account to cover the purchase price.
  5. Nothing prevents Beautifinda from taking any action necessary to recover any unpaid fees.  If the User fails to pay, the User’s information will be passed on for collection and or legal action.  The User acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the User at any time exceeds Beautifinda’s payment terms and as a result are passed on for collection and or legal action, Beautifinda may place a default against the User with a credit reporting agency.
  6. Beautifinda’s pricing structure or payment methods may be amended from time to time at its sole discretion.
  1. Limited Payment Collection Agent
  1. Each Beautifier appoints Beautifinda as the Beautifier’s limited payment collection agent solely for the purpose of accepting the Beautifier Fees from the Glammer.
  2. Each User agrees that payment of Beautifier Fees, in respect of a Beautifier by a Glammer to Beautifinda, as that Beautifier’s limited payment collection agent, shall be considered the same as a payment made directly by that Glammer to the relevant Beautifier. The Beautifier will provide the relevant Beautifier Services to the Glammer, as outlined in the relevant Listing, as if the Beautifier had received payment directly.
  3. Each User agrees that Beautifinda, as the Beautifier’s limited payment collection agent, may permit a Glammer to cancel a Booking and provide the Glammer with a refund in accordance with the refund policy set out at clause 12.
  4. The Completion Payment will be released and paid to the relevant Beautifier once the Beautifier informs Beautifinda that the Beautifier has provided the Beautifier Services to the Glammer.
  5. Beautifinda, as limited payment collection agent for the Beautifier, agrees to facilitate the payment of the Completion Payment for Beautifier Services provided on a fortnightly basis, unless otherwise agreed between Beautifinda and the Beautifier.  In the event that Beautifinda does not remit the Completion Payment, the Beautifier will have recourse only against Beautifinda.
  6. Notwithstanding Beautifinda’s appointment as limited payment collection agent of each Beautifier, Beautifinda explicitly disclaims all liability for any acts or omissions of the Beautifier or any other third parties.
  7. Beautifinda has no liability whatsoever for any fraudulent or negligent act or omission, or act of wilful misconduct, by the Beautifier, regarding the Beautifier informing Beautifinda that the Beautifier has provided the Beautifier Services to the Glammer.
  1. Offers and Promotions
  1. Beautifinda may, from time to time, make offers or promotions which may be applicable to the Services.
  2. The conditions of such offers or promotions will be specified on the Site.
  3. The User acknowledges and agrees that Beautifinda may, at its sole discretion, remove or extend any offers or promotions, and Beautifinda will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
  1. Dispute Resolution
  1. By using our Site, App and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Glammer, Beautifier, or other third party, will be limited to a claim against the Glammer, Beautifier or other third party, who caused harm to him or her.  Beautifinda encourages Users to communicate directly with the relevant Glammer, Beautifier or third party to resolve any disputes.
  2. Beautifinda welcomes feedback from its Users.  Beautifinda seeks to resolve concerns quickly and effectively.  If any User has any feedback or questions about the Services, please contact any member of the staff.
  3. If there are any complaints from a User, Beautifinda will aim to respond and provide a suitable solution within 45 days.  If a User is not satisfied with Beautifinda’s response, the User and Beautifinda agree to the following dispute resolution procedure:

(i) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute.  The User and Beautifinda agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

(ii) If a resolution cannot be agreed upon at the Initial Meeting, either the User or Beautifinda may refer the matter to a mediator.  If the User and Beautifinda cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator.  The mediator will decide the time and place for mediation.  Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.

  1. Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
  1. Cancellation of Registration
  1. If a User wishes to cancel its registration, it will need to do so by writing an email to hello@beautifinda.com.au.
  2. No refunds will be made upon cancellation except as specified in the Refund Policy set out in these Terms.
  1. Refund Policy
  1. If a Booking is cancelled more than 24 hours in advance of the Booking by a Glammer, 100% of the Beautifier Fees will be refunded to the Glammer. The Service Fee will not be refunded.
  2. If a Booking is cancelled less than 24 hours in advance of the Booking by a Glammer, the Service Fee and the Beautifier Fees will not be refunded to the Glammer.
  3. If the Booking is cancelled by a Beautifier at any time, the Service Fee and the Beautifier Fee will be refundable to the Glammer].
  1. Consumer Guarantees
  1. Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
  2. If the User is a consumer as defined in the ACL, the following notice applies to the User from Beautifinda: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time.  To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”
  1. Intellectual Property
  1. All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site, the App and Services, the layout, appearance and look of the Site and App, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Beautifinda (or its affiliates and/or third party licensors as applicable).
  2. The User agrees that, as between the User and Beautifinda, Beautifinda owns or holds the relevant licence to all Intellectual Property rights in the Site, the App and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Beautifinda or the owner of the content.
  3. Some Intellectual Property used in connection with the Site, App and Services are the trademarks of their respective owners (collectively Third Party Marks).
  4. Beautifinda’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Beautifinda or the applicable trademark holder or Intellectual Property owner.
  5. Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Beautifinda or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
  1. User Licence
  1. Subject to these Terms, Beautifinda grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site, App and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site, App and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Beautifinda’s prior written consent.
  2. The right to use the Site, App and Services is licensed to the User and not being sold to the User.  A User has no rights in the Site, App and Services other than to use it in accordance with these Terms.
  3. This Agreement and User Licence governs any updates to, or supplements or replacements for the Site, App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
  1. Warranties, Permitted and Prohibited Conduct
  1. The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site, App and Services. In connection with the User’s use of the Site, App and Services, the User may not and agrees that it will not:
  1. use the Site, App or Services for any commercial or other purposes that are not expressly permitted by these Terms;
  2. register for more than one Account or register for an Account on behalf of another individual and/or entity;
  3. use the Services to find a Beautifier and then complete, or assist another individual to complete, a Booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Beautifinda’s provision of the Services;
  4. post any Review or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Profile or Listing;
  5. submit any false or misleading information;
  6. as a Beautifier, offer any Beautifier Services that it does not intend to honour or cannot provide;
  7. as a Glammer, make any offers or Bookings to the Beautifiers that it does not intend to honour;
  8. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
  9. copy, store or otherwise access any information contained on the Site, App and Services or content for purposes not expressly permitted by these Terms;
  10. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights. If Beautifinda is contacted and requested by any User or any third party to remove any content or image because it infringes any copyright or Intellectual Property right of that User or third party, Beautifinda will remove or amend the content or image immediately in its sole discretion;
  11. use the Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  12. use the Site, App or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
  13. stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site or App;
  14. use, display, mirror or frame the Site or App, or any individual element within the Site or App, Services, Beautifinda’s name, any Beautifinda trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Beautifinda’s express written consent; or 
  15. advocate, encourage, or assist any third party in doing any of the foregoing.
  1. Each Beautifier warrants that it will provide the relevant Beautifier Services to the Glammer, as outlined in the relevant Listing.
  1. Each Beautifier warrants that it will provide true, accurate and complete information regarding whether the Beautifier has provided the Beautifier Services to the Glammer.
  2. Each Glammer warrants that it will provide true, accurate and complete information regarding whether the Beautifier has provided the Beautifier Services to the Glammer, on request from Beautifinda.
  1. Content
  1. The Site, App, Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries.  The User acknowledges and agrees that the Site, App, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Beautifinda and its licensors.  The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App and Services, or Intellectual Property.
  2. The User must not post, upload, publish, submit, transmit or send or link (by providing a URL or equivalent) Beautifier to any content that:
  1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  2. is fraudulent, false, misleading or deceptive;
  3. denigrates Beautifinda, the Site, the App, Services, a Glammer, or a Beautifier;
  4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
  7. promotes illegal or harmful activities or substances.
  1. User Content
  1. Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content).  By making available any User Content or any Intellectual Property on or through the Site, App and Services, the User grants to Beautifinda a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site, App and Services.
  2. The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site, App and Services.  The User represents and warrants that:
  1. it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site, App and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Beautifinda the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
  2. neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Beautifinda’s use of the User Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  1. Beautifinda may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
  1. Disclaimers
  1. Beautifinda does not guarantee that Beautifier Services will be requested by any Glammers, nor does Beautifinda guarantee that Glammers will be able to find desirable Beautifiers or Beautifier Services.
  2. Beautifinda does not endorse any Glammer, Beautifier, Profile, Listing or Beautifier Services. Beautifinda requires Glammers and Beautifiers to confirm that they have provided accurate information.  Beautifinda does not perform any background checks of Glammers and Beautifiers, and does not confirm any Glammer or Beautifier’s identity, Profile, Listing, Beautifier Services.
  3. Beautifinda cannot and does not control the content contained in any Profiles or Listings or the condition, legality or suitability of any Beautifier or Beautifier Services or Glammers are responsible for determining the identity and suitability of Beautifiers that they contact via the Services and the Beautifier Services.
  4. Beautifinda accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site or the App.  Beautifinda disclaims any and all liability related to any and all Glammers, Beautifiers, Profiles, Listings and Beautifier Services.
  5. Beautifinda recommends all Glammers check the identification of the Beautifiers prior to the provision of the Beautifier Services.  Beautifinda also recommends all Beautifiers exercise due skill and care in verifying the identity of any Glammer prior to the provision of the Beautifier Services.
  6. By using the Site, App or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Glammers or Beautifiers or other third parties will be limited to a claim against the Glammer or Beautifier or other third party who caused it harm. Beautifinda encourages the User to communicate directly with the relevant Glammer or Beautifier on the Site, App and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
  7. To the fullest extent allowable under applicable law, Beautifinda disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site, App or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
  8. For the avoidance of doubt, Beautifinda is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms.  Beautifinda advises that all Users using the Site, App and Services should seek advice in relation to these matters.
  9. Each Glammer and Beautifier who uses the Site, App and the Services does so at their own risk.
  10. Beautifinda excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to the following:
  1. Beautifinda expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
  2. Beautifinda does not warrant that the Site, the App, the Services, content on the Site or App (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site, the App or the Services will be error free, that any defects will be corrected or that the Site, the App or the server which stores and transmits material to the User is free of viruses or any other harmful components;
  3. Beautifinda disclaims all liability for any fraudulent or negligent act or omission, or act of wilful misconduct, by the Beautifier, regarding the Beautifier informing Beautifinda that the Beautifier has provided the Beautifier Services to the Glammer;
  4. Beautifinda takes no responsibility for, and will not be liable for, the Site, the App, the Services, the Glammers, the Beautifiers and Beautifier Services being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the Listing description, failing to meet the User’s needs, or being of less than merchantable quality; and
  5. Beautifinda will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, the App, Services, content on the Site or App, inability to access or use the Site, the App, the Services, any Profile, any Listing, the Beautifier Services or the Terms, even if Beautifinda was expressly advised of the likelihood of such loss or damage.
  1. The User agrees not to attempt to impose liability on, or seek any legal remedy from Beautifinda with respect to such actions or omissions.
  1. Limitation of Liability
  1. Beautifinda’s total liability arising out of or in connection with the Site, the App, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Beautifinda in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
  2. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Beautifinda and the User.  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
  3. This limitation of liability reflects the allocation of risk between the parties.  The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Beautifinda.
  1. Indemnity
  1. Each User agrees to defend and indemnify and hold Beautifinda (and Beautifinda’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
  2. Each Beautifier agrees to defend and indemnify and hold Beautifinda (and Beautifinda’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to that Beautifier informing Beautifinda that the Beautifier has provided services to the Glammer. 
  3. Beautifinda reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
  4. This defence and indemnification obligation will survive these Terms and the User’s use of the Site, App or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Beautifinda without restriction.
  1. General
  1. Accuracy: While Beautifinda will endeavour to keep the information up to date and correct, Beautifinda makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or App for any particular purpose.  The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Beautifinda expressly excludes any liability for such to the fullest extent permissible by law.
  2. Security: All credit card payments are processed by a secured third party processor with Level 1 PCI DSS compliance. 
  3. Termination: Beautifinda reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site or App at its sole discretion, without incurring any liability to the User. If Beautifinda decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (a) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, App, Services, its Account or its User Content; (b) any pending or future Booking (in respect of a Beautifier or Glammer) will be immediately terminated; (c) Beautifinda may communicate to the relevant Beautifier or Glammer that the Booking has been cancelled; (d) Beautifinda may contact Glammer to inform them of potential alternative Beautifier Services available from different Beautifiers on the Site, App and Services; and (e) the User will not be entitled to any compensation for Bookings that were cancelled as a result of a suspension, deactivation or termination of their Account. 
  4. Fraudulent Activities: Each User acknowledges and agrees that, in the event Beautifinda reasonably suspects that there are fraudulent activities occurring within the Site, App and Services, Beautifinda reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
  5. Force Majeure: Beautifinda will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
  6. Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
  7. Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Beautifinda of any of the Terms shall be effective unless Beautifinda expressly states that it is a waiver and Beautifinda communicates it to the User in writing.
  8. Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Beautifinda’s prior written consent.
  9. Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  10. Jurisdiction and Applicable Law: These Terms, use of this Site, the App, the Services and any dispute arising out of any User’s use of the Site, App or Services is subject to the laws of Victoria, Australia, and subject to the exclusive jurisdiction of the Victoria courts. The Site and App may be accessed throughout Australia and overseas.  Beautifinda makes no representation that the content of the Site and App complies with the laws (including intellectual property laws) of any country outside Australia.  If a User accesses the Site or App from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site or App.
  11. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Beautifinda and each User, and supersede any prior agreement, understanding or arrangement between Beautifinda and each User, whether oral or in writing.

For questions and notices, please contact:

Beautifinda Pty. Ltd. ACN 612 660 296

PO Box 1058

Victoria 3188

hello@beautifinda.com.au

Last update: 9 February 2017

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