Terms & Conditions - Be There Beauty
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Terms & Conditions

Terms and Conditions

        • Definitions and Interpretation
                  • In these Terms unless the subject matter or context requires otherwise, the following words and expressions shall have the meanings respectively assigned to them below:-
                    • “we” or “us” mean Be There Beauty Pty Ltd ACN 611 779 429;
                    • “you” mean the person or entity who uses the Service including your agents, representatives, heirs and permitted assigns as the case may be;
                    • “Application” means our device application and or website used to provide the Service.
                    • “Content” means information, material, content, language, imagery, links or other similar things;
                    • “the Contract” means the agreement formed between you and us by your use of the Service and the acceptance of the Service in accordance with these Terms;
                    • “CPI” means the Consumer Price Index (All Groups) for Brisbane published by the Australian Bureau of Statistics. If that index no longer exists, “CPI” means an index that we decide best reflects changes in the cost of living in Brisbane;
                    • “the Documentation” means the materials relating to the Service including but not limited to users’ manuals, how to guides, drawings and software listings, which are designed to assist or supplement the understanding or application of the Service ;
                    • “fee” means all fees, charges and other costs identified in the Pricing Schedule or such increased fees, charges and other costs as may be current at the relevant time, as the case may be;
                    • “Force Majeure” means any circumstances beyond our or your reasonable control including but not limited to storm, tempest, fire, lightning, above average levels of rainfall, flood, other inclement weather, earthquake, volcanic eruption, acts of God or enemies, declared or undeclared war, piracy, riot, sabotage, terrorism, civil disturbance, power failure, shortage of fuel, labour dispute, strike, lock-out, other industrial disturbance, Denial of Service (“DOS”), Distributed Denial of Service (“DDOS”) attack, third party provider outages, cable cuts and material changes in the law but excludes the inability, for whatever reason, to make any payments in accordance with these Terms;
                    • “GST” means the goods and services tax as provided by the GST law;
                    • ‘GST Act’ means the A New Tax System (Goods and Services Tax) Act 1999 as it stands from time to time;
                    • “GST law” means the GST Act and associated legislation including without limitation delegated legislation;
                    • “Intellectual Property Rights” mean any copyright rights, trade mark rights, design rights, patent rights, semiconductor or circuit layout rights or any proprietary rights similar to any of the aforesaid rights;
                    • “notice” means a written notice, consent, approval, direction, order or other communication;
                    • “post” and “posting” means posting, uploading, contributing, submitting, transmitting, publishing or otherwise disseminating;
                    • “the Pricing Schedule” means the list of our fees, charges and costs published on our website;
                    • “the Service” means the provision of [the connection of beauty providers to you, the customer] through our Application as set out in clause 2;
                    • “Service Provider” means the provider of a beauty service who has agreed to our Supplier Agreement and provides their service to you once engaged through the use of the Service and Application;
                    • “the Software” means our software program marketed under the name Be There Beauty or any other name which replaces that name from time to time;
                    • “these Terms” mean these Terms of Use;
                      • A reference to:-
                        • one gender includes the other genders; and
                        • the singular includes the plural and the plural includes the
                    • Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding
                    • A reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision.
                    • Headings in these Terms are used for convenience only and are to be disregarded in the interpretation of these
        • The Services
                  • We, through our Application allows you to view, search and book Beauty Service appointments (“Booking Service”) by requesting a Service Provider to provide Beauty Services and the ability to purchase cosmetics and lifestyle products.
                  • The Booking Service constitutes a technology that enables users of the Service or Applications to arrange and schedule Beauty Services with the Service Providers;
        • License to use Software
                  • We hereby grant you a non-exclusive, limited, non-transferable licence to use the Software subject to these Terms of Use.
                  • You acknowledge that there is no transfer of title or ownership to you of the Software or the Documentation or any modifications, updates or new releases of the Software or the
                  • You may only use the Software in accordance with the normal operating procedures which we notify to
                  • Except to the extent specified to the contrary in these Terms, we will not be obliged to support the Software, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or
                  • You must not copy, alter, modify or reproduce the Software except to the extent otherwise authorised by these Terms or as expressly authorised under Part III Division 4A of the Copyright Act 1968 (Cth).
                  • You must not copy or reproduce the Software or the Documentation by any means or in any form without our prior written
                  • You must not merge all or any part of the Software with any other software without our prior written permission, which we may withhold in our absolute
                  • If you modify or alter the Software with our permission:-
                    1. you will be solely responsible for the costs associated with the modifications or alterations and the costs arising out of the investigation of the effects of the proposed modifications or alterations; and
                    2. you must indemnify and keep us indemnified from and against all and any losses, loss of profits, claims, damages, actions, suits, demands, costs (including reasonable legal costs and disbursements on a full indemnity basis), interest, charges and expenses of any kind whatsoever which we may suffer or incur or be called upon to suffer or incur if such modifications or alterations infringe any Intellectual Property Rights of a third
                  • The Software as modified or altered will remain our property in all respects, whether modified by you, us or a third party and whether or not authorised pursuant to these Terms.
                  • Specifically, you must, if required by us, assign to us all Intellectual Property Rights arising out of any modifications to the Software made by you and you must procure the assignment to us of all Intellectual Property Rights arising out of any modifications to the Software made by any third party at your direction.
                    • These Terms shall apply to the Software as modified or
                    • We will not be obliged to provide any support services in respect of the Software which has been modified by you.
                    • You must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the
                    • You must ensure that the Software and the Documentation are protected at all times from theft, misuse, damage, destruction or any form of unauthorised
                    • We may from time to time update the Software for many reasons including but not limited to:-
                      • maintaining security compliance;
                      • fixing bugs or problems in previous versions of the Software; and
                      • enhancing functionality or
                    • We will not be liable to you for any costs arising from the effect any update may have on any code which is not provided by us and for any modifications to any such code to restore
                    • In addition to any other remedies available to us under these Terms or otherwise, any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of the Software will entitle us to any available equitable remedy against
        • Our Services
                  • You must:-
                    • comply with any additional terms and conditions of use (apart from those contained in these Terms) which may apply to the Service and which we notify you of from time to time and also any reasonable directions which we give you from time to time regarding its If any such additional terms and conditions are unacceptable to you, you will be entitled to terminate the Contract.
                    • keep secret and secure your identification and log-in information for accessing and using the Service;
                    • keep confidential and not disclose to anyone any information belonging to us; and
                    • ensure that our remote access to your systems is not blocked or prevented in any
                  • You must not post any Content on or through your website:-
                    • unless you hold all necessary rights, licences and consents to do so;
                    • that would cause you or us to breach any law, regulation, rule, code or other legal obligation; or
                    • that would bring us and the Service into
                  • You will be personally and solely responsible and liable for all Bookings you make through the Software or Application and with regard to your interactions with other
                  • During your dealing with any Service Provider you must not :-
                    • promote racism, hatred, bigotry, blasphemy, discrimination, encourages violence against any person or groups or any illegal or unlawful activities;
                    • be abusive, offensive, obscene, vulgar, harmful, threatening, harassing, sexually explicit, defamatory, fraudulent or otherwise unlawful or objectionable;
                    • infringe or violate another person’s legal and moral rights including but not limited rights of privacy ;
                    • do anything that is otherwise
                  • You must specifically not use the Service in any way:-
                    • for any illegal or fraudulent activities including activities which may breach any legislation relating to intellectual property matters, discrimination, criminal activities, defamation or otherwise;
                    • to act obscene, indecent, harassing, offensive or threatening
                  • You agree to assume and accept all risk when using the
                  • You may not
                    • remove any copyright, trademark or other proprietary notices from any portion of the Application;
                    • reproduce, modify, prepare, derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Application except as expressly permitted by us;
                    • decompile, reverse engineer or disassemble the Application except as may be permitted by applicable law;
                    • cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Application or unduly burdening or hindering the operation and/or functionality of any aspect of the Application; or
                    • attempt to gain unauthorized access to impair any aspect of the Application or its related systems or networks.

Payment Terms and Booking functions, App functionality

        • Liability
                  • To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental
                  • To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these
                  • These Terms must be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible and permitted, we limit our liability in respect of any claim, at our option:-
                    • in the case of goods to:-
                      • the replacement of the goods or the supply of equivalent goods;
                      • the repair of the goods;
                      • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
                      • the payment of having the goods repaired, and
                    • in the case of services to:-
                      • the supply of the services again; or
                      • the payment of the cost of having the services supplied
                  • Subject as aforesaid and otherwise to the full extent permitted by law, our liability to you  for all loss or  damage suffered or incurred by you from any breach by us of these Terms will be limited for each claim to the payments (excluding GST) made by you to us in respect of the Monthly Licence and Hosting Fees in the preceding period of twelve (12) months commencing on the date when your claim first arose less all amounts already paid or payable to you during that period for any other claims made by you hereunder.
      • Fees and Charges
                • BTB is two-marketplace platform which facilitates the organisation of the exchanges of services between buyers and sellers on a transactional basis, of which it takes a 15% platform fee on all transactions made.
                • This fee is incorporated in the total amount paid by the buyer.
                • This fee is deducted by the total sale value the seller has advertised.
      • Refund and Cancellation
                • Where a buyer has paid for a service offered and confirmed by the seller, of which is paid into the escrow service, the time of the appointment has elapsed and there is no confirmation of the service provider has delivered the service a refund maybe issued to the buyer
                • Where the buyer has paid for a service (of which goes to escrow) offered and confirmed by the seller, the buyer has “changed their mind” on the “booking,” buyers have the option to cancel the booking by selecting “cancel” on their booking. Seller will be notified that the booking has been cancelled. The monies paid into the escrow service is to be refunded to the buyer, although a service fee may apply and be charged to the buyer for cancelling the appointment.
                • Appointments can only be cancelled 1 hour or more before the set appointment time.
                • Where a buyer is not present for the delivery of the service and the seller is present at the given location, and time, the transaction maybe considered “delivered” thus the buyer will be charged the total amount and may not be awarded a refund.
      • Indemnity
                • To the full extent permitted by law, you must indemnify and keep us indemnified from and against all and any losses, loss of profits, claims, damages, actions, suits, demands, costs (including reasonable legal costs and disbursements on a full indemnity basis), interest, charges and expenses of any kind whatsoever which we may suffer or incur or be called upon to suffer or incur by virtue of:-
                  • your use of or your inability to use the Software or the other services provided by us under these Terms, the Services or the Applications;
                  • any breach of or default by you of your obligations under these Terms;
                  • the termination of these Terms by us as a result of your default hereunder; or
                  • any violation by you of any applicable laws, rules or
      • Notices
                • Any notice or other communication given by either you or us under these Terms:-
                  • must be in writing and for this purpose email will constitute writing;
                  • may, in addition to any other method of service by law, be sent by email to any email address of the addressee shown in any correspondence or documents between the addressee and the sender and for this purpose you and we consent to this method of communication for the purposes of any legislation governing this method of communication; and
                  • will be treated as given and received if sent by email before 3.00 p.m. on a day which is not a Saturday or Sunday or a holiday in the place of receipt, on the day it is sent and otherwise on the next day at the place of receipt provided that the sender requests a delivery receipt for the email and receives a mail system delivery report giving the date and time of
                • Any notice sent or delivered in accordance with clause xx will be treated as validly given to and received by the addressee notwithstanding that the addressee is absent from the place to which it is
                • Any notice from either you or us may be given and signed by your lawyer or our lawyer, as the case may be, and any notice to you or us may be given to your lawyer or our lawyer, as the case may be, by any of the methods listed in this clause xx to the lawyer’s business address or facsimile
      • General
            • If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining
            • You must at your expense and we must at our expense do everything reasonably necessary to give full effect to these Terms.
            • These Terms survive the termination of the Contract to the extent permitted by
            • These Terms will bind your and our successors in
            • None of your or our rights under these Terms will be waived or deemed to be waived except by notice in writing signed by you or by us to the other waiving the right and any such waiver by either you or us will not prejudice either your or our rights in respect of any subsequent breach of these
            • The Contract and these Terms will be governed by and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia and each party hereby agrees to submit all disputes arising between them to the Brisbane Registry of any such Queensland or Commonwealth court as is competent to hear the