Marketplace Terms & Conditions

LASHD – TERMS AND CONDITIONS

This online platform (Platform) is operated by JJ&Co Tech Pty Ltd ACN 618 020 821, or its successors and assignees (we, our or us). It is available at: httpsss://www.lashd.com/ and may be available through other addresses or channels, including on our mobile application.

In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects beauty industry creatives, including but not limited to makeup professionals, hairdressing professionals and beauty therapy, spa professionals or health and wellness providers such as personal trainers, life coaches or other service providers (Service Providers) with individuals requiring or searching for beauty and wellness services (Customers) by facilitating introductions between Service Providers and Customers including by providing a directory of Services Providers on our Platform.

Acceptance

By downloading our App, accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms), with your parent or legal guardian (if you are under 18 years of age) and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and (3) agree to use the Platform in accordance with these Terms.

If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create an account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.

Platform Summary

The Platform provides an introductory service for Service Providers and Customers.
A Service Provider with an ability to perform beauty and/or wellness services (1) creates an account on the Platform and (2) creates a Profile (as described below in Registration and Profiles) which includes their pricing for various services.
A Customer may choose to either make a single booking request or request a booking using the multiple booking option.

Single Bookings

A Customer with a requirement for a beauty or wellness service to be provided (1) creates an account on the Platform, (2) selects a required service main category, (3) chooses the single booking option, (4) inputs the required details for the service including date and time, (5) reviews the Profiles of available Service Providers (including the pricing for the requested services) (Listings) and chooses a Service Provider and (6) makes a request for a booking (Booking Request) which is sent to the Service Provider through the Platform. When making this request the Customer must provide the Service Provider with details of where the service is to take place.

Multiple Booking Option

A Customer with a requirement for beauty or wellness services to be provided from a selection of Service Providers (1) creates an account on the Platform, (2) selects a required service main category, (3) chooses the multiple booking option, (4) inputs the required details for the service including date and time, (5) send multiple booking invitations to all available Service Providers (6) interested Service Providers will send a notification to the Customer that they can provide the service (6) the Customer reviews the Profiles of those interested Service Providers (including the pricing for the requested services (also a Listing), (7) the Customer selects a Service Provider from the interested Service Providers and (8) makes a request for a booking (also a Booking Request) which is sent to the Service Provider through the Platform. When making this request the Customer must provide the Service Provider with details of where the service is to take place.
If a Service Provider desires to provide services to a Customer, the Service Provider may accept the Booking Request (which becomes a Booking). By accepting a Booking Request, the Service Provider confirms that s/he is legally entitled to and capable of supplying the services described in their Profile.
Once a Service Provider has accepted a Booking Request, the Service Provider and Customer can communicate privately using the on-Platform private messaging service. Each time a Platform user receives a message from the Platform messaging service, a notification may be sent to the user via their currently active communication channel. This on-Platform private messaging service will be disabled after a Booking is completed.
Once a Service Provider has provided the services requested by a Customer, the Service Provider must provide notice that the Booking is complete by using the Platform functionality (Completed Booking). If the Service Provider does not notify us, the Booking automatically becomes a Completed Booking after 24 hours from the end time of the Booking (also a Completed Booking).
If a Customer or a Service Provider wants to raise a dispute regarding a Booking, the Customer or Service Provider must contact us within 24 hours of the Completed Booking.
You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and Service Providers are not our employees, partners or agents.
We are not a party to any agreement entered into between a Service Provider and a Customer. We have no control over the conduct of Service Providers, Customers or any other users of the Platform.
We accept no liability for any aspect of the Customer and Service Provider interaction, including but not limited to the description of the services offered or the performance of services.

Collection Notice

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you and to respond to your enquiries and for other purposes set out in our Privacy Policy.
We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Registration and Profiles

Customers can browse and view the Platform as an unregistered user of the Platform. Customers and Service Providers must register on the Platform and create an account (Account) to access some features on the Platform.
You may have 1 Account on the Platform that can be used as both a Customer and a Service Provider. If you are Service Provider and you own more than one business, you must apply for a separate Account for each business.
You must provide basic information when registering for an Account including name, email address, and location. You select a username and password. We will validate your Account by confirming your email address. The username you choose must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
If you are a Service Provider, we will review your request for an Account before approving the request. We may request additional information, including details of qualifications and technical expertise. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
You may register for an Account using your Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account, as set out when you sign in for the first time when using a social media platform.
Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). Your Profile is personal and you must not transfer it to others, except with our written permission.
You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
If you are a Service Provider, we will request additional information, including your qualifications, before we approve your Profile. Service Providers must include their qualifications in their Profile. Service Providers m must also keep their availabilities up to date.
You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
You will immediately notify us of any unauthorised use of your Account.
At our sole discretion, we may refuse to allow any person to register or create an Account.

Ratings

Customers may rate a Service Provider regarding the Service Provider’s services purchased by that Customer (Rating).
Ratings of a Customer can be viewed by any user and will remain viewable until the relevant Service Provider’s Account and Profile is removed or terminated.
A Customer must provide a Rating that they think is true, fair and accurate.
If we consider that the Rating is untrue, unfair or inaccurate, we may delete the Rating or ban the Customer from posting that Rating. We do not undertake to review each Rating made by a Customer.
To the maximum extent permitted by law, we are not responsible for any Ratings.

Fees and Payments

It is free to register an Account and create a Profile on the Platform. There is no charge for users to review content on the Platform.
Any payments will be made through our third party payment processor, currently Stripe or by any other payment method set out on the Platform.
A Customer must pay the relevant fees set out in the Service Provider’s Listing at the time s/he makes a Booking Request (Listing Fees). Payment will be processed at the time the Service Provider accepts the Booking Request.
The Listing Fees, minus our service fee set out on the Platform, will be paid to the Service Provider 24 hours after the Completed Booking.
We may change the fee and payment terms applying to the Platform at our sole discretion and any change is immediately effective upon us publishing the change on the Platform and will apply to any use of the Platform following the change.
To the extent permitted by law, or otherwise provided for in the Refund and Cancellation or Termination clauses below, our service fee is non-cancellable and non-refundable.

Limited Payment Collection Agent

Each Service Provider appoints us as the Service Provider’s limited payment collection agent solely for the purpose of accepting the Listing Fees from the Customer.
Service Providers agree that payment of the Listing Fees by a Customer to us (as the Services Provider’s limited payment collection agent) is to be considered the same as payment made directly by the Customer to the Service Provider and the Service Provider will provide the purchased services to the Customer as agreed, as if the Service Provider had received payment directly from the Customer.
Each Service Provider agrees that we may refund Customers in accordance with these Terms. Each Service Provider agrees that our obligation to pay the Service Provider is subject to and conditional upon successful receipt of the relevant payments from Customers.
We guarantee payment to Service Providers only for such amounts that we have successfully received from Customers in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Service Provider, we assume no liability for acts or omissions of the Service Provider.
In the event that we do not remit Listing Fees as set out in the Payment clause above, Service Providers will only have recourse against us and not the Customer directly.

Refund and Cancellation Policy

1. 1. Refunds are only available where a Customer raises a dispute in accordance with the disputes section below. Where a dispute is found in favour of a Customer any Listing Fees and our service fee payable for that Booking will be refunded.
  2. If you need to cancel a Booking, then you may do so, as long as you cancel the Booking not later than 24 hours before the Booking is due to start. If you cancel a Booking within 24 hours, then 50% of the Listing Fees payable for any single Booking will not be refunded and 75% of the Listing Fees payable for any multiple Booking will not be refunded. For both single and multiple Bookings our service fee will not be refunded.

Licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
using our Platform to defame, harass, threaten, menace or offend any person;
interfering with any user using our Platform;
tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
using our Platform to find a Customer or Service Provider and then completing a Booking or transaction independently of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;
as a Service Provider, offering any services that you do not intend to honour or cannot provide;
as a Customer, making any offers to Service Providers that you do not intend to honour;
using our Platform to send unsolicited email messages; or
facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Information

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

1. 1. copy or use, in whole or in part, any Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Platform, including (without limitation) by:
    1. altering or modifying any of the Content;
    2. causing any of the Content to be framed or embedded in another website; or
    3. creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Ratings and gallery images (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

1. 1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

1. 1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
  2. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
  3. The goods and services provided by a Service Provider might also confer you certain Statutory Rights.

Notice regarding Apple

1. 1. To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
  2. Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
  3. If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
  4. Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to:
    1. product liability claims;
    2. any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and
    3. claims arising under consumer protection or similar legislation.
  5. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
  6. You agree to comply with any applicable third-party terms when using our mobile application.
  7. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
  8. You hereby represent and warrant that:
    1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
    2. you are not listed on any U.S. Government list of prohibited or restricted parties.

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Service Providers, Customers, the services offered by Service Providers or Listings including (without limitation) that:

1. 1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

1. 1. access will be uninterrupted, error-free and free from viruses;
  2. our Platform will be secure;
  3. services offered by Service Providers will be requested by Customers or that Customers will find desirable Service Providers; or
  4. services offered by Service Providers are of a particular standard of workmanship or meet the Listing description.

You read, use, and act on our Platform and the Content at your own risk. Service Providers acknowledge that any collation, conversion, analysis of data or information on the Platform (for example downloads for sales by a Service Providers for a certain period of time) is likely to be subject to human input and machine errors, omissions, delays, losses including but not limited to loss of data and information. We are not liable for such errors, omissions, delays or losses.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

1. 1. our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
  2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

1. 1. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
    1. event or circumstance beyond our reasonable control;
    2. acts or omissions of you or your personnel;
    3. any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
    4. use of the Platform and/or Content;
    5. interaction you have with other users whether in person or online;
    6. any injury or loss to any person;
    7. Content which is incorrect, incomplete or out-of-date; or
    8. breach of these Terms or any law.
  2. You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
  3. This clause will survive the termination or expiry of these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination

1. 1. You may request to deactivate your Account and terminate these Terms at any time by sending us an email to the address at the end of these Terms. If we deactivate your Account as a Service Provider, any Bookings will be automatically cancelled and your Customers will receive a full refund. Customers will receive an automatic notification that any Bookings have been cancelled. If we deactivate your Account as a Customer, any Bookings will be automatically cancelled and you will be provided with a refund, except in situations where you deactivate your Account within less than 24 hours of a Booking start time, in which case you will be provided with a refund in accordance with the Refund and Cancellation Policy above.
  2. Where a Service Provider cancels 3 or more Bookings in a row we reserve the right to blacklist their Account. Blacklisting will last for 7 days and any Bookings during that time will be cancelled and the relevant Customers will be advised to re-book with another Service Provider.

1. 1. We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
  2. At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Service Provider your Listings or services at any time fail to meet any applicable quality or eligibility criteria, (iii) you have received poor Ratings or we have received complaints about you including due to repeated cancellations of Bookings.
  3. If we suspend your Account or terminate these Terms, we will cancel any existing Bookings and in the case of a Service Provider breach, refund the relevant Customers, and in the case of a Customer breach, you will lose any amounts paid.

Disputes: We encourage Service Providers and Customers to attempt to resolve disputes (including cancellations) with other users directly. In cases where a Service Provider or Customer raises a dispute in relation to services, we may investigate the matter, using evidence provided by both the Service Provider and the Customer, to determine, in our sole discretion whether (i) a partial or full refund of the Listing Fees should be made to the Customer or (ii) partial or full payment of the Listing Fees should be made to the Service Provider. We may, at our discretion, refund part or all of any service fees already paid to us.

In the event of any dispute arising from, or in connection with, these Terms (Dispute) between us and a Service Provider or Customer, the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Insurance

Service Providers are responsible for obtaining appropriate insurance to cover the provision of their goods or services. We will not be held liable or enter into any disputes where Service Providers do not have appropriate insurance. We recommend that Service Providers obtain appropriate insurance for supplying their goods or services. If you are a Service Provider and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.

Assignment

You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Platform and these Terms are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:

JJ&Co Tech Pty Ltd ACN 618 020 821

Email: support@lashd.com

Last update: 1 June 2018

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