Introduction

These terms & conditions are to be accepted by any user whom wish to use or access the beauty seek platform which is located on https://www.beautyseek.com.au

About the website

Welcome to Beauty Seek. The Website facilitates interactions between:
(a) People looking for Hair & Beauty treatments (the 'Receiver'); and (b) Hair & Beauty Businesses (the 'Provider'),
making it easier for the Receiver and the Provider to locate, communicate and deliver the services in a fast and secure manner (the 'Services').

The Website is operated by Beauty Seek PTY. LTD. (ABN:56640807665). Access to and use of the website, or any of its associated Products or Services, is provided by Beauty Seek . Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website , or any of its Services, immediately. Beauty Seek reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Beauty Seek updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

By using our site you agree that you have read and accepted all terms & conditions. Please be aware that Beauty seek does not take any responsibility for any transactions between customers (the receiver) and businesses ( the provider). Beauty seek only introduces customer to business and is not liable for anything that occurs after the introduction. Beauty seek is also not held accountable for any financial disputes between customers and businesses but we are always happy to help resolve the issue. It is the business responsibility to have their own consultation forms which outline any health risk the treatment may cause. It is the customers (the receiver) responsibility to confirm that the therapist they use have the right qualifications for the treatments they will be performing, also to confirm that all business insurance are valid and up to date. Beauty seek does not take any responsibility for any post treatment health effects. Businesses are to explain if there are any health risks before treatment. If anything of that nature occurs you can notify beauty seek via email at support @beautyseek.com.au We will launch our investigation if the business did not do things correctly we will terminate their contract and block them from using our site . We will not be involved any any legal disputes between Buisness (the provider) and customer (the receiver).

Acceptance of the Terms

You accept the Terms by using or browsing the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Beauty Seek in the user interface

The Services

In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the 'Account').
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • Email address
  • Preferred username
  • Telephone number
  • Password
  • Certificates
  • Previous work photos

Businesses are liable for any photos or content posted by the buisness on our site. Businesses must have authority from their client to post any photos which expose the clients face and are not to use any copyright content. Beauty seek is not liable for any content copyright breach or any legal activities of that nature which is posted by the business on the business profile page.

You warrant that any information you give to Beauty Seek in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the website ('Member') and agree to be bound by the Terms.

You may not use the Services and may not accept the Terms if:

  • You are not of legal age to form a binding contract with Beauty Seek ; or
  • You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Your obligations as a Member

As a Member, you agree to comply with the following:

  • you will not share your profile with any other person;
  • you will use the Services only for purposes that are permitted by:
    • the Terms; and
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Beauty Seek of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
  • any content that you broadcast, publish, upload, transmit, post or distribute on the Application ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
  • you agree not to harass, impersonate, stalk, threaten another Member of the Application (where interaction with other Members is made available to you);
  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
  • you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Beauty Seek ;
  • you will not use the Services or website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
  • you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Beauty Seek for any illegal or unauthorised use of the Application; and
  • you acknowledge and agree that any automated use of the Website or its Services is prohibited.

Using the Website as the Receiver

The user simply posts their task on our platform. They will fill out a short form describing the task and some personal details such as name, local post code, email address and phone number.(These details will only be shared with businesses whom have interest in quoting the job) Once the Job is posted business owners will contact them via email or telephone with free Quotes.

Using the Website as the Provider

The Business simply fills out their company details such as company name, ABN number , previous work pictures and any certificates. These details will be published and visible to anyone that uses the site. Then they will Choose a plan which gives them credits to quote on Jobs. The only difference in our plans is that the greater the value of the plan the more credit you will have.

Payment for Business

By Beauty Seek offering the Services to you, you agree that: Payments by business are billed monthly. There is a minimum of 6 month Subscription with a 7 day cooling of period for a full refund.
All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their Website.

Refund Policy

Beauty Seek does not offer any refund unless extreme circumstances such as death or severe health issues. We do offer a 7 day cooling of period after sign up process for a full refund.

Copyright and Intellectual Property

The Website, the Services and all of the related products of Beauty Seek are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Beauty Seek or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Beauty Seek , who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

  • you will not share your profile with any other person;
  • copy and store the Application and the material contained in the Application in your device's cache memory; and
  • print pages from the Application for your own personal and non- commercial use. Beauty Seek does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Beauty Seek .

Beauty Seek retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of Beauty Seek and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Application, then you grant to Beauty Seek a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

Privacy

Beauty Seek takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Beauty Seek 's Privacy Policy, which is available on the Website.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded;
  • Beauty Seek we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Beauty Seek make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Beauty Seek ) referred to on the website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
  • costs incurred as a result of you using the Application, the Services or any of the products of Beauty Seek ; and
  • the Services or operation in respect to links which are provided for your convenience. You acknowledge that Beauty Seek Application and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Beauty Seek holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Beauty Seek . Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Beauty Seek will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

Limitation of Liability

Beauty Seek 's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Beauty Seek , its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. You acknowledge and agree that Beauty Seek holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Application.

Termination of Contract

If you want to terminate the Terms, you may do so by providing Beauty Seek with 3 month notice of your intention to terminate by sending notice of your intention to terminate to Beauty Seek via the 'Contact Us' link on our homepage.

Beauty Seek may at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;
  • Beauty Seek is required to do so by law;
  • Beauty Seek is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
  • the provision of the Services to you by Beauty Seek is, in the opinion of Beauty Seek , no longer commercially viable.
  • If the customer (the receiver) files a complaint to Beauty seek stating that the business was unprofessional or was working unsafe or putting anyone’s health & safety at risk.

There will be no refund for any cases where the business is at fault for termination of contract. Subject to local applicable laws, Beauty Seek reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Beauty Seek 's name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Beauty Seek have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

You agree to indemnify Beauty Seek , 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 Your Content;;
  • Dispute
    any direct or indirect consequences of you accessing, using or transacting on the website or attempts to do so; and/or
  • any breach of the Terms.
Resolution Compulsory:

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).

Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

  • Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, ...... days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in ......, Australia
Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence

Termination of Mediation

If 3 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Services offered by Beauty Seek is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

CODE OF CONDUCT FOR BUISNESS:

  • Will always interact with customers in a friendly and professional way
  • Will deliver all tasks customer has paid for and to refund any unfinished work
  • Not to perform any treatments they are not professionally trained or qualified for
  • Explain to customer any pre or post treatment care
  • Inform customer of any health issues or side effects the treatment can cause
  • All work is to be performed correctly no short cuts and to the best of the ability at all times
  • Too be honest with customer even if it means loosing them as client
  • Not to show any offensive behaviour or discriminate any customers
  • Only display accurate information on buisness profile page
  • Most importantly to maintain a safe work space and always work safely wether it’s at a shop or house.

Beauty seek have these rules too keep the platform a safe, honest , professional and convenient platform too find Beauty therapist & Hairdressers. Any breach of these rules may result in termination of contract without any refund.

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