Terms + Conditions
We highly recommend you read carefully before agreeing to our terms and conditions.
TERMS + CONDITIONS
WE HIGHLY RECOMMEND YOU READ CAREFULLY BEFORE AGREEING TO OUR TERMS AND CONDITIONS.
1. Scope of Book Beauty Nearby Services
1.1 The Book Beauty Nearby Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Artists” and the services they offer are “Artist Services”) to publish such Artist Services on the Book Beauty Nearby Platform (“Personal Services”) and to communicate and transact directly with Members that are seeking to book such Artist Services (Members using Artist Services are “Beauty Users”). Artist Services may include the offering of personal beauty services ("Beauty Service"), single or multi-day activities in various categories.
1.2 As the provider of the Book Beauty Nearby Platform, Book Beauty Nearby does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Personal services or Artist Services. Artists alone are responsible for their Personal services and Artist Services. When Members make or accept a booking, they are entering into a contract directly with each other. Book Beauty Nearby is not and does not become a party to or other participant in any contractual relationship between Members, nor is Book Beauty Nearby an agency. Book Beauty Nearby is not acting as an agent in any capacity for any Member, except as specified in the Payment Terms.
1.3 While we may help facilitate the resolution of disputes, Book Beauty Nearby has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Artist Services, (ii) the truth or accuracy of any Personal service descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Book Beauty Nearby does not endorse any Member, Personal service or Artist Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Book Beauty Nearby about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use Artist Services, accept a booking request from a Beauty User, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Personal service at the time the photograph was taken, and are therefore not an endorsement by Book Beauty Nearby of any Artist or Personal service.
1.4 If you choose to use the Book Beauty Nearby Platform as an Artist or Co-Artist (as defined below), your relationship with Book Beauty Nearby is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Book Beauty Nearby for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Book Beauty Nearby.
1.5 To promote the Book Beauty Nearby Platform and to increase the exposure of Personal services to potential Beauty Users, Personal services and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Personal services and other Member Content may be translated, in whole or in part, into other languages. Book Beauty Nearby cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Book Beauty Nearby Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Book Beauty Nearby Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Book Beauty Nearby is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Book Beauty Nearby of such Third-Party Services.
1.7 Due to the nature of the Internet, Book Beauty Nearby cannot guarantee the continuous and uninterrupted availability and accessibility of the Book Beauty Nearby Platform. Book Beauty Nearby may restrict the availability of the Book Beauty Nearby Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Book Beauty Nearby Platform. Book Beauty Nearby may improve, enhance and modify the Book Beauty Nearby Platform and introduce new Book Beauty Nearby Services from time to time.
2. Eligibility, Using the Book Beauty Nearby Platform, Member Verification
2.1 You must be at least 16 years old (18 years old in Western Australia) and able to enter into legally binding contracts to access and use the Book Beauty Nearby Platform or register an Book Beauty Nearby Account. By accessing or using the Book Beauty Nearby Platform you represent and warrant that you are 16 (18 years old in Western Australia) or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction.
2.3 Book Beauty Nearby may provide provisional access and use of Book Beauty Nearby Platform, or certain areas or features of the Book Beauty Nearby Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.4 Verification and integrity is subject to misrepresentation on the internet and as such Book Beauty Nearby does not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Book Beauty Nearby Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Book Beauty Nearby Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
3. Modification of these Terms
Book Beauty Nearby reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Book Beauty Nearby Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Book Beauty Nearby Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Book Beauty Nearby Account") to access and use certain features of the Book Beauty Nearby Platform, such as publishing or booking a Personal service. If you are registering a Book Beauty Nearby Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Book Beauty Nearby Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Book Beauty Nearby Account and your SNS Account at any time, by accessing the "Settings" section of the Book Beauty Nearby Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Book Beauty Nearby Account and public Book Beauty Nearby Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Book Beauty Nearby Account unless Book Beauty Nearby authorizes you to do so. You may not assign or otherwise transfer your Book Beauty Nearby Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Book Beauty Nearby Account credentials and may not disclose your credentials to any third party. You must immediately notify Book Beauty Nearby if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Book Beauty Nearby Account. You are liable for any and all activities conducted through your Book Beauty Nearby Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 Book Beauty Nearby may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Book Beauty Nearby Platform ("Member Content"); and (ii) access and view Member Content and any content that Book Beauty Nearby itself makes available on or through the Book Beauty Nearby Platform, including proprietary Book Beauty Nearby content and any content licensed or authorized for use by or through Book Beauty Nearby from a third party ("Book Beauty Nearby Content" and together with Member Content, "Collective Content").
5.2 The Book Beauty Nearby Platform, Book Beauty Nearby Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Australia. You acknowledge and agree that the Book Beauty Nearby Platform and Book Beauty Nearby Content, including all associated intellectual property rights, are the exclusive property of Book Beauty Nearby and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Book Beauty Nearby Platform, Book Beauty Nearby Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Book Beauty Nearby used on or in connection with the Book Beauty Nearby Platform and Book Beauty Nearby Content are trademarks or registered trademarks of Book Beauty Nearby in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Book Beauty Nearby Platform, Book Beauty Nearby Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Book Beauty Nearby Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Book Beauty Nearby or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Book Beauty Nearby grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Book Beauty Nearby Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Book Beauty Nearby Platform, you grant to Book Beauty Nearby a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Book Beauty Nearby Platform, in any media or platform. Unless you provide specific consent, Book Beauty Nearby does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 Book Beauty Nearby may offer Artists the option of having professional photographers take photographs of their Artist Services, which are made available by the photographer to Artists to include in their Personal services with or without a watermark or tag bearing the words " Book Beauty Nearby.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Artist Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Book Beauty Nearby Platform if they no longer accurately represent your Personal service. If you do feature inaccurate images on your Book Beauty Nearby Account, we have right to terminate or suspended your account. You acknowledge and agree that Book Beauty Nearby shall have the right to use any Verified Images and any images from your Online profile (not limited to facebook, Instagram, website) in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Personal service or otherwise, without further notice or compensation to you. Where Book Beauty Nearby is not the exclusive owner of Verified Images, by using such Verified Images on or through the Book Beauty Nearby Platform, you grant to Book Beauty Nearby an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images or Images which appears on your social profile that has been specified to Book Beauty Nearby in your application for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Personal service or otherwise, without further notice or compensation to you. Book Beauty Nearby in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Book Beauty Nearby Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Book Beauty Nearby Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Book Beauty Nearby Platform or you have all rights, licenses, consents and releases that are necessary to grant to Book Beauty Nearby the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Book Beauty Nearby's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Book Beauty Nearby’s Content Policy or any other Book Beauty Nearby policy. Book Beauty Nearby may, without prior notice, remove or disable access to any Member Content that Book Beauty Nearby finds to be in violation of these Terms.
5.9 Book Beauty Nearby respects copyright law and expects its Members to do the same. If you believe that any content on the Book Beauty Nearby Platform infringes copyrights you own, please notify us in accordance with our Copyright policy.
6. Service Fees
6.1 Book Beauty Nearby is entitled to charge fees to Artists ("Artist Fees") and/or Beauty Users ("Beauty User Fees") (collectively, "Service Fees") in consideration for the use of the Book Beauty Nearby Platform.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to an Artist or Beauty User prior to publishing or booking a Personal service. Book Beauty Nearby reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
6.3 Beauty Users and Artists are responsible for paying any Service Fees that you owe to Book Beauty Nearby. The applicable Service Fees are due and payable and collected by Book Beauty Nearby Payments pursuant to the payment terms. Except as otherwise provided on the Book Beauty Nearby Platform, Service Fees are non-refundable.
7. Terms specific for Artists
7.1 Terms applicable to all Personal services
7.1.1 When creating a Personal service through the Book Beauty Nearby Platform you must (i) provide complete and accurate information about your Artist Service (such as personal service description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as Artist rules) and requirements that apply (such as minimum call our fee, travel fee) and (iii) provide any other pertinent information requested by Book Beauty Nearby. You are responsible for keeping your Personal service information (including calendar availability) up-to-date at all times.
7.1.2 Artists are solely responsible for setting a price (including any Taxes if applicable) for your Personal service (“Personal service Fee”). Once a Beauty User requests a booking of your Personal service, you may not request that the Beauty User pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Personal service, particularly in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Personal service.
7.1.4 Pictures, animations or videos (collectively, "Images") used in your Personal services must accurately reflect the quality and condition of your Artist Services. Book Beauty Nearby reserves the right to require that Personal services have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Personal services in search results on the Book Beauty Nearby Platform may vary and depend on a variety of factors, such as Beauty User search parameters and preferences, Artist requirements, price and calendar availability, number and quality of Images, Beauty User service and cancellation history, Reviews and Ratings, type of Artist Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a Beauty User, you are entering into a legally binding agreement with the Beauty User and are required to provide your Artist Service(s) to the Beauty User as described in your Personal service when the booking request is made. Beauty User also agrees to pay any applicable Artist Fee and any applicable Taxes, which will be collected pursuant to the payment terms.
7.1.7 Book Beauty Nearby recommends that Artists obtain appropriate insurance for their Artist Services. Please review any respective insurance policy 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, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Beauty Users (and the individuals the Beauty User has booked for, if applicable) or Artist Service.
7.2 Personal service Profiles
7.2.1 You may only list one Profile per Personal service.
7.2.2 You represent and warrant that any Personal service you post and the booking of personal service will (i) not breach any agreements you have entered into with any third parties, such as with salons, agencies or other agreements, and (ii) comply with all applicable laws such as Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As an Artist, you are responsible for your own acts and omissions and are also responsible for other Artists who accompany you to personal services, excluding the Beauty User (and the individuals the Beauty User invites to the Profile, if applicable).
7.3 Additional Artist Services
7.3.1 To list an Additional Artist Service, you must create your own description of service and pricing to Book Beauty Nearby. To be considered for publishing on the Book Beauty Nearby Platform it must the quality standards and Beauty User demand. Book Beauty Nearby reserves the right to decide, in its sole discretion, if a submitted additional service will be published on the Book Beauty Nearby Platform.
7.3.2 When you list additional services, you must, where applicable, fully educate and inform Beauty Users about (i) any risks inherent to the Service, (ii) Level of Experience, and (iii) anything else they may need to know to decide on service
7.3.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your additional service and you will obtain any required licenses, permits, or registrations
7.3.5 You must provide a personal service in person and may not allow any third party to provide the Experience unless authorized by Book Beauty Nearby.
8. Terms specific for
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Artist, you can book a personal service available on the Book Beauty Nearby Platform by following the respective booking process. All applicable fees, including the Personal Service Fee, Security Deposit (if applicable), Beauty User Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Personal service. You agree to pay the Total Fees for any booking requested in connection with your Book Beauty Nearby Account.
8.1.2 Upon receipt of a booking confirmation from Book Beauty Nearby, a legally binding agreement is formed between you and your Artist, subject to any additional terms and conditions of the Artist that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Personal service. Book Beauty Nearby Payments will collect the Total Fees or Deposit at the time of the booking request or upon the Artist’s confirmation pursuant to the Payments Terms.
8.1.3 If you book an Artist Service on behalf of additional Beauty Users, you are required to ensure that every additional Beauty User meets any requirements set by the Artist, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Artist.
8.2 Booking Profiles
8.2.1 You understand that a confirmed booking of a Profile (“Profile Booking”) is a limited license granted to you by the Artist to enter, occupy and use the Profile for the duration of your stay, during which time the Artist (only where and to the extent permitted by applicable law) retains the right to re-enter the Profile, in accordance with your agreement with the Artist.
8.3 Booking Experiences, Events and other Artist Services
8.3.1 You should carefully review the Personal Service you intend to book to ensure you (and any additional Beauty Users you are booking for) meet any requirements which the Artist has specified in their Personal service. You are required to inform the Artist of any medical or physical conditions, or other circumstances that may impact your and any additional Beauty User’s ability to safely participate personal service.
8.3.2 Before and during a Personal Service you must at all times, adhere to the Artists’ instructions.
9. Booking Modifications, Cancellations and Refunds, Resolution Centre
9.1 Artists and Beauty Users are responsible for any modifications to a booking that they make via the Book Beauty Nearby Platform or direct Book Beauty Nearby Beauty User service to make ("Booking Modifications"), and agree to pay any additional Personal service Fees, Artist Fees or Beauty User Fees and/or Taxes associated with such Booking Modifications.
9.2 Beauty Users can cancel a confirmed booking at any time subject to the Personal service’s cancellation policy, and Book Beauty Nearby Payments will provide any refund to the Beauty User in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Artist under the applicable cancellation policy will be remitted to the Artist by Book Beauty Nearby Payments pursuant to the Payment Terms.
9.3 If an Artist cancels a confirmed booking, the Beauty User will receive a full refund of the Total Fees for such booking and Book Beauty Nearby may publish an automated review on the Personal service cancelled by the Artist indicating that a booking was cancelled. In addition, Book Beauty Nearby may (i) keep the calendar for the Personal service unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Artist has a valid reason for cancelling the booking pursuant to Book Beauty Nearby’s Extenuating Circumstances Policy or has legitimate concerns about the Beauty User’s behaviour.
9.4 For Experiences, Events and other Artist Services, if inclement weather creates an unsafe or uncomfortable scenario for Beauty Users, Artists may modify or cancel an Artist Service. If there is a substantial change in the itinerary or the Artist Service needs to be cancelled, Book Beauty Nearby will work with the Artist to provide Beauty Users an alternative date for the Artist Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, Book Beauty Nearby may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Book Beauty Nearby’s Extenuating Circumstances Policy or (i) where Book Beauty Nearby believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Book Beauty Nearby, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Beauty User suffers a Material Issue pursuant to the Beauty User Refund Policy, Book Beauty Nearby may determine, in its sole discretion, to refund the Beauty User part or all of the Total Fees in accordance with the Beauty User Refund Policy.
9.7 Members may use the Resolution Centre to send or request money for refunds, additional Artist Services, Co-Artist Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Centre in connection with your Book Beauty Nearby Account, and Book Beauty Nearby Payments will handle all such payments pursuant to the Payment Terms.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Beauty Users and Artists can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Book Beauty Nearby. Ratings and Reviews are not verified by Book Beauty Nearby for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Beauty Users and Artists must be fair, truthful and factual and may not contain any offensive or defamatory language.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
11. Damage to Profiles, Disputes between Members
11.1 As a Beauty User, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to Beauty Artist.
11.2 If an Artist claims and provides evidence that you as a Beauty User have damaged Artists materials ("Damage Claim"), the Artist can seek payment from you through the Resolution Center. If an Artist escalates a Damage Claim to Book Beauty Nearby, you will be given an opportunity to respond. If you agree to pay the Artist, or Book Beauty Nearby determines in its sole discretion that you are responsible for the Damage Claim, Book Beauty Nearby Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payment Terms. Book Beauty Nearby also reserves the right to otherwise collect payment from you and pursue any remedies available to Book Beauty Nearby in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Artists under the Book Beauty Nearby Artist Guarantee.
11.3 Members agree to cooperate with and assist Book Beauty Nearby in good faith, and to provide Book Beauty Nearby with such information and take such actions as may be reasonably requested by Book Beauty Nearby, in connection with any Damage Claims or other complaints or claims made by Members relating to Profiles or any personal or other property located at an Profile (including, without limitation, payment requests made under the Book Beauty Nearby Artist Guarantee), Experiences, or Co-Artist agreements. A Member shall, upon Book Beauty Nearby's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Book Beauty Nearby or a third party selected by Book Beauty Nearby or its insurer, with respect to losses for which a Member is requesting payment from Book Beauty Nearby (including but not limited to payments under the Book Beauty Nearby Artist Guarantee).
11.4 If you are a Beauty User or a Co-Artist, you understand and agree that Book Beauty Nearby may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to an Artist’s personal or other property located at an service site (including without limitation amounts paid by Book Beauty Nearby under the Book Beauty Nearby Artist Guarantee).
13.1 As an Artist you are solely responsible for determining your obligations to report, collect, remit or include in your Personal service Fees any applicable GST or other indirect sales taxes, services tax, tourist or other visitor taxes or income taxes ("Taxes").
13.2 Tax regulations may require us to collect appropriate Tax information from Artists, or to withhold Taxes from payouts to Artists, or both. If an Artist fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Profile is located may require Taxes to be collected from Beauty Users or Artists on Personal Service Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Personal service Fees set by Artists, a set amount per day, or other variations, and are sometimes called "transient services taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Services Taxes").
13.4 In certain jurisdictions, Book Beauty Nearby may decide in its sole discretion to facilitate collection and remittance of Services Taxes from or on behalf of Beauty Users or Artists, in accordance these Terms ("Collection and Remittance") if such jurisdiction asserts Book Beauty Nearby or Artists have a Services Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Book Beauty Nearby (via Book Beauty Nearby Payments) to collect Services Taxes from Beauty Users on the Artist's behalf at the time Personal service Fees are collected, and to remit such Services Taxes to the Tax Authority. The amount of Services Taxes, if any, collected and remitted by Book Beauty Nearby will be visible to and separately stated to both Beauty Users and Artists on their respective transaction documents. Where Book Beauty Nearby is facilitating Collection and Remittance, Artists are not permitted to collect any Services Taxes being collected by Book Beauty Nearby relating to their Profiles in that jurisdiction.
13.5 You agree that any claim or cause of action relating to Book Beauty Nearby's facilitation of Collection and Remittance of Services Taxes shall not extend to any supplier or vendor that may be used by Book Beauty Nearby in connection with facilitation of Collection and Remittance, if any. Beauty Users and Artists agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Services Taxes collected is a refund of Services Taxes collected by Book Beauty Nearby from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 Book Beauty Nearby reserves the right, with prior notice to Artists, to cease the Collection and Remittance in any jurisdiction for any reason at which point Artists and Beauty Users are once again solely responsible and liable for the collection and/or remittance of any and all Services Taxes that may apply to Profiles in that jurisdiction.
14. Prohibited Activities
14.1 You are solely responsible for compliance with all laws, rules, regulations, and Tax obligations that may apply to your use of the Book Beauty Nearby Platform. In connection with your use of the Book Beauty Nearby Platform, you will not and will not assist or enable others to:
· breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms Policies and Standard;
· use the Book Beauty Nearby Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Book Beauty Nearby endorsement, partnership or otherwise misleads others as to your affiliation with Book Beauty Nearby;
· copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Book Beauty Nearby Platform in any way that is inconsistent with Artist Next Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
· use the Book Beauty Nearby Platform in connection with the distribution of unsolicited commercial messages ("spam");
· offer, as an Artist, any Profile that you do not yourself own or have permission to make available as a residential or other property through the Book Beauty Nearby Platform;
· unless Book Beauty Nearby explicitly permits otherwise, book any Personal service if you will not actually be using the Artist Services yourself;
· contact another Member for any purpose other than asking a question related to a your own booking, Personal service, or the Member's use of the Book Beauty Nearby Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
· use the Book Beauty Nearby Platform to request, make or accept a booking independent of the Book Beauty Nearby Platform, to circumvent any Service Fees or for any other reason;
· request, accept or make any payment for Personal service Fees outside of the Book Beauty Nearby Platform or Book Beauty Nearby Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Book Beauty Nearby harmless from any liability for such payment;
· discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour;
· use, display, mirror or frame the Book Beauty Nearby Platform or Collective Content, or any individual element within the Book Beauty Nearby Platform, Book Beauty Nearby's name, any Book Beauty Nearby trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Book Beauty Nearby Platform, without Book Beauty Nearby's express written consent;
· dilute, tarnish or otherwise harm the Book Beauty Nearby brand in any way, including through unauthorized use of Collective Content, registering and/or using Book Beauty Nearby or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Book Beauty Nearby domains, trademarks, taglines, promotional campaigns or Collective Content;
· use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Book Beauty Nearby Platform for any purpose;
· avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Book Beauty Nearby or any of Book Beauty Nearby's providers or any other third party to protect the Book Beauty Nearby Platform;
· attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Book Beauty Nearby Platform;
· take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Book Beauty Nearby Platform;
· export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
· violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that Book Beauty Nearby has no obligation to monitor the access to or use of the Book Beauty Nearby Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Book Beauty Nearby Platform (including without limitation for fraud prevention, risk assessment, investigation and Beauty User support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Book Beauty Nearby in good faith, and to provide Book Beauty Nearby with such information and take such actions as may be reasonably requested by Book Beauty Nearby with respect to any investigation undertaken by Book Beauty Nearby or a representative of Book Beauty Nearby regarding the use or abuse of the Book Beauty Nearby Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Book Beauty Nearby by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Book Beauty Nearby terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time via the "Cancel Account" feature on the Book Beauty Nearby Platform or by sending us an email. If you cancel your Book Beauty Nearby Account as a Artist, any confirmed booking(s) will be automatically cancelled and your Beauty Users will receive a full refund. If you cancel your Book Beauty Nearby Account as a Beauty User, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Personal service’s cancellation policy.
15.3 Without limiting our rights specified below, Book Beauty Nearby may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.4 Book Beauty Nearby may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Book Beauty Nearby believes in good faith that such action is reasonably necessary to protect the personal safety or property of Book Beauty Nearby, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).
15.5 In addition, Book Beauty Nearby may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Book Beauty Nearby Account registration, Personal service process or thereafter, (iv) you and/or your Personal services or Artist Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Book Beauty Nearby otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Book Beauty Nearby believes in good faith that such action is reasonably necessary to protect the personal safety or property of Book Beauty Nearby, its Members, or third parties, or to prevent fraud or other illegal activity:
· refuse to surface, delete or delay any Personal services, Ratings, Reviews, or other Member Content;
· cancel any pending or confirmed bookings;
· limit your access to or use of the Book Beauty Nearby Platform;
· temporarily or permanently revoke any special status associated with your Book Beauty Nearby Account; or
· temporarily or in case of severe or repeated offenses permanently suspend your Book Beauty Nearby Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Book Beauty Nearby and an opportunity to resolve the issue to Book Beauty Nearby's reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Beauty Users in full for any and all confirmed bookings that have been cancelled, irrespective of pre-existing cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Book Beauty Nearby Account or any of your Member Content. If your access to or use of the Book Beauty Nearby Platform has been limited or your Book Beauty Nearby Account has been suspended or this Agreement has been terminated by us, you may not register a new Book Beauty Nearby Account or access and use the Book Beauty Nearby Platform through a Book Beauty Nearby Account of another Member.
15.8, If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the Book Beauty Nearby Platform or Collective Content, you do so voluntarily and at your sole risk. The Book Beauty Nearby Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Book Beauty Nearby Services, laws, rules, or regulations that may be applicable to your Personal services and/or Artist Services you are receiving and that you are not relying upon any statement of law or fact made by Book Beauty Nearby relating to a Personal service.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experiences, Events or other Artist Services may carry inherent risk, and by participating in those Artist Services, you choose to assume those risks voluntarily. For example, some Artist Services may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those Artist Services. You assume full responsibility for the choices you make before, during and after your participation in an Artist Service. If you are bringing a minor as an additional Beauty User, you are solely responsible for the supervision of that minor throughout the duration of your Artist Service and to the maximum extent permitted by law, you agree to release and hold harmless Book Beauty Nearby from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Artist Service or in any way related to your Artist Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Book Beauty Nearby Platform and Collective Content, your publishing or booking of any Personal service via the Book Beauty Nearby Platform or any other interaction you have with other Members whether in person or online remains with you. Neither Book Beauty Nearby nor any other party involved in creating, producing, or delivering the Book Beauty Nearby Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Book Beauty Nearby Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Book Beauty Nearby Platform, or (iv) from your publishing or booking of a Personal service, including the provision or use of a Personal service’s Artist Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Book Beauty Nearby has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Artists pursuant to these Terms or an approved payment request under the Book Beauty Nearby Artist Guarantee, in no event will Book Beauty Nearby’s aggregate liability arising out of or in connection with these Terms and your use of the Book Beauty Nearby Platform including, but not limited to, from your publishing or booking of any Personal services via the Book Beauty Nearby Platform, or from the use of or inability to use the Book Beauty Nearby Platform or Collective Content and in connection with any Profile, Experiences, Event or other Artist Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Book Beauty Nearby Platform as a Beauty User in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Artist, the amounts paid by Book Beauty Nearby to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred AUD dollars (AUD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Book Beauty Nearby and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Book Beauty Nearby’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to release, defend (at Book Beauty Nearby’s option), indemnify, and hold Book Beauty Nearby and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Book Beauty Nearby Platform or any Book Beauty Nearby Services, (iii) your interaction with any Member, stay at an Profile, participation in an Experience, Event or other Artist Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Book Beauty Nearby’s Collection and Remittance of Services Taxes, or (v) your breach of any laws, regulations or third party rights.
19. Dispute Resolution
The parties shall endeavour to settle any dispute arising out of or relating to this agreement, including with regard to its existence, validity or termination, by mediation (through the applicable Australian state fair trading agency) before having recourse to arbitration or litigation.
Reference to the Australian Competition & Consumer Commission’s (ACCC) Industry ombudsman and dispute resolution procedures will apply to the dispute resolution procedure.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Book Beauty Nearby Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact”: section of the Book Beauty Nearby Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21. Applicable Law and Jurisdiction
This contract will be interpreted under and governed by the laws of Australia.
The parties submit to the exclusive jurisdiction of the courts of Australia and any courts that may hear appeals from those courts in respect of any proceedings in connection with this contract.
22. General Provisions
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Book Beauty Nearby and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Book Beauty Nearby and you in relation to the access to and use of the Book Beauty Nearby Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and Book Beauty Nearby as a result of this Agreement or your use of the Book Beauty Nearby Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 Book Beauty Nearby’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Book Beauty Nearby's prior written consent. Book Beauty Nearby may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Book Beauty Nearby via email, Book Beauty Nearby Platform notification, or messaging service (including SMS and WeChat).
22.8 This contract constitutes the entire agreement between the parties and sets out a full statement of the contractual rights and liabilities of the parties in relation to the works and no negotiations between them nor any document agreed or signed by them prior to the date of this contract in relation to the works is of any contractual effect.
22.9 If you have any questions about these Terms please email us at email@example.com.