You must be 18 years old or older to use our app and services. If you are younger than 18 years but over 13 years old you may use our app and services if you have parental consent. You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information.
You must not use our app and services:
• for any unlawful purpose;
• to infringe any law, or regulation;
• to infringe intellectual property laws including, but not limited to, any copyright laws;
• to transmit any destructive code such as worms, viruses or malware;
• to spam, phish, spider, or scrape;
• to interfere with or circumvent the security features; or
• to collect or track the personal information of others.
MEMBERSHIP, SUBSCRIPTION AND ADVERTISING
You must become a member through our app to use our listing service and/or to advertise. You must maintain the confidentiality of your password and login. You are solely responsible for all use of your login and password. Your membership is non-transferable and you must immediately notify us at firstname.lastname@example.org of any unauthorised use of your login.
Our app gives members the ability to book hair salons and stylists. Members can also be notified of discounted hair services and salons that require models for free. Members can also provide reviews and star ratings on hair salons and stylists, and products.
In order to become a listed on our app as a hair salon or stylist, you need to purchase a subscription; please contact us at email@example.com so that we can notify you of the current subscription fees and our listing fees. Salons and stylists are required to provide a small bio and relevant pictures. Subscriptions include the ability to publish relevant content, including, but not limited
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to hair and product pictures, hair health articles and listing any available jobs and chairs to rent. The subscription also includes access to various statistics on member usage of the app.
FACILITATOR ONLY AND NO GUARANTEES
We have no obligation to monitor the member content on our listing service, and we are not liable for any unauthorised or unlawful content. We are not involved in the interaction between members, but only facilitate their introduction. We do not guarantee the accuracy of the content on our listing service or that any products or services will be of a suitable qualify, safety or legality. Sometimes content on our app and services will not be accurate, complete or current. Sometimes content may be incorrect, incomplete or outdated. We have no obligation, and do not warrant that we will correct errors, provide complete materials, or update information or any content. Any reliance on the content on our app and services is at your own risk.
If you have a dispute with another member, you must resolve it with that member and you release us from all Claims arising out of or in any way connected with such disputes.
YOUR OBLIGATIONS AND CONTENT RULES
Once you become a member you must provide us with various personal information. This may include, but is not limited to, your name, email, address, phone number, business name and ABN. We may also verify you and your business by checking your drivers license and doing business checks. You represent and warrant that:
• all personal information you provide is true, correct and current; and
• you will respond promptly to any of our requests for further personal information.
In the event that we find that any personal information is not true correct or current, we may at our sole discretion immediately terminate your membership and subscription and remove your listing.
We encourage you to engage with our app; however, we do not recommend that you include any personal information in your posts, so as not to encourage any spam. When you post content on our app, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license to all Copyright in that content, including, but not limited to, the right to broadcast on any third party platforms. Further, you waive all Moral rights you have in your content. You agree that we may, at any time and, without compensation to you, edit, copy, distribute, and otherwise use any content that you post.
We have no obligation to reply or engage with your posts. You must conduct yourself appropriately when using our listing service, including being respectful and courteous to all other members. All content that you post on the site must be accurate, correct and up to date. If you post any of the following types of content we may, at our sole discretion remove your listing or terminate your membership or subscription:
• any inappropriate or offensive content including but not limited to, any insults or profanity, conduct that is religiously, racially, or sexually offensive, or threatening or abusive, or that impersonates, stalks or harasses another user;
• any illegal content including, but not limited to, anything defamatory, and any post that breaches third party intellectual property rights;
• any immoral content including but not limited to, anything pornographic or obscene; or
• any false or misleading content,
• any threatening or abusive content,
• any copying, modifying or distributing of any other member’s content without their consent;
• any content that offers for sale any counterfeit items or items that infringe any rights including the Intellectual Property Rights of third parties.
If you consider that someone is breaching these Content Rules, please notify us at firstname.lastname@example.org immediately so that we can address the issue. Where you breach these Content Rules, we may delete your listing and terminate your membership or subscription at our sole discretion.
You agree that you will pay us your subscription and listing fees by credit card or EFT. You are responsible for paying your subscription and listing fees when they’re due. If you don’t, without prejudice to any other right or remedy we may be entitled to under this Agreement or by law, we may suspend or terminate your membership and subscription. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
We may offer additional services for members, and these will be subject to additional fees. Payment must be received by us prior to the listing date or we will not permit your listing.
REFUNDS OF SUBSCRIPTIONS OR LISTING FEES
To the extent permitted by law, any refunds of subscription fees and listing fees paid to us are at our absolute discretion. We do not provide refunds for your change of mind, or where you failed to provide us with adequate information, or where you fail to get results.
All the Intellectual Property Rights in our app and services are owned by or licensed by us. This includes, but is not limited to, rights in all brand names, logos, slogans, images, photographs, copy, drawings, art, literature, music and video which appear on our app and services. We grant you a non-exclusive, royalty-free, revocable, worldwide licence to use our app and services for your personal use only. You must not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from our app. You must not reproduce, duplicate, copy, sell, re-sell or exploit the app or services in any way. In particular, you must not use our app or services for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at email@example.com to seek consent.
You permit us to use any testimonials, and photos and videos of you for our marketing and information purposes, or publications exhibitions and professional awards. You must seek our prior written consent before any publication of information about us.
Our app and services may include third party links. We have no control over third party links and apps, and we are not responsible for third party materials, content, apps or their products or services. Any purchase by you of products or services or any transaction with a third party is a contract between you and them, and we are not to be involved. You need to direct any concerns directly to that third party.
We do not represent or warrant that your use of our app and services will be uninterrupted, timely, secure or error-free. Our app is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions concerning, title, non-infringement or fitness-for-purpose.
THIRD PARTY APPS/ SOFTWARE
To enhance our app and services, we may provide you with access to third party apps and software tools over which we have no control. You acknowledge and agree that we provide access to these apps and tools on an “as is” and “as available” basis without any warranties as to their performance either express, or implied. We do not warrant that they will meet your requirements, be uninterrupted, timely secure or error- free, that the results will be accurate or reliable, or that the quality will meet your expectations. They are to be used at your risk, and you must read their terms and licenses which will govern your use of that resource. We are not responsible for any Loss or damage that you may suffer in connection with downloading, installing, using, modifying or distributing the third party apps or software.
RELIANCE ON ADVICE DISCLAIMER
We may provide information on our app that may be classed as medical or health information. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held.
Sometimes the information or advice may be historical information. Sometimes the information or advice may be based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time.
Sometimes the information or advice may not be complete. We have no obligation, and do not warrant that we will update the information or advice, or correct errors, or provide complete materials. We recommend that you consult more primary, accurate, complete and timely sources of information. We do not guarantee that the information on our app is accurate, complete or current. We are not liable for any Loss or damage due to negligence or otherwise arising from your reliance on any advice or information on this app.
We cannot take into account your personal situation or your personal goals or objectives when providing information or advice on our app. You must consider whether or not the information and advice is appropriate to your needs. This app is not a substitute for independent professional advice and any reliance on this information is at your sole risk. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on this advice. For example, do not use any medical or health information to diagnose, treat cure or prevent a disease.
You can cancel your membership or subscription at any time on the app.
LIABILITY AND INDEMNITY
Your use of, or inability to use our app and listing service at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your membership, subscription or listing including, but not limited to, any errors or omissions in any listing, any price changes or discontinued s and/or listing services, and termination of your membership or subscription, any removal of your listing and any interruptions, any changes, suspension or termination of our app and services, and any links to third party apps.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
• the supply of equivalent listing services eg another opportunity to advertise; or
• the payment of the cost of your listing/ subscription.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent listing you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your content, your breach of this Agreement, including the content rules, where you provide incorrect personal information, any unauthorised use of your subscription account, any lack of results from your listing, any disclosure of your personal information, and any further meetings or communications with any other member, and any direct or indirect consequences of you accessing using or transacting on the app , your violation of any law or the rights of a third-party, third party links and services.
Your download and use of the App is at your own discretion and risk, and you are solely responsible for any damages to your hardware device or loss of data that results from the download or use of the App. You further agree to indemnify us and to keep us indemnified from any Claim arising out or in connection with you downloading our App.
IF THERE IS A DISPUTE
If at any time our listing service is not reasonably acceptable to you or we disagree on the quality of our listing services you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns.
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media apps. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms for Events and other terms and conditions on our app, these Terms for Events prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Client means you, the client who is agreeing to these terms and conditions.
Copyright means the copyright as defined under the Copyright Act 1968 (Cth).
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, loss of goodwill, loss of business reputation, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Moral Rights means all moral rights as defined under the Copyright Act 1968 (Cth).
Our Representatives means any of our employees, agents, contractors or subcontractors.
Listing services means the listing service we agree to provide to you.
We, us, or our means Hair Linq [ ABN 77806725654] and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
App and listing services means the Hair Linq app and everything available on this app including, but not limited to, all products and listing services.