TERMS AND CONDITIONS

TERMS AND CONDITIONS

FLAYR CUSTOMER TERMS & CONDITIONS FOR BOOKINGS EFFECTIVE FROM 1 JANUARY 2018

1. ABOUT FLAYR’S TERMS & CONDITIONS

1.1. These are the standard Terms & Conditions for Flayr ACN 166 037 092 (herein referred to as ‘Flayr’) to provide the Services as listed below to a Customer (herein referred to as ‘ you’).

1.2. The Services will be available to you through the Flayr’s website located at https://flayr.io/ (herein referred to as the ‘Site’).

2. THE AGREEMENT

2.1. The Agreement is made up of Flayr’s Terms and Conditions and our Privacy Policy (collectively called ‘The Agreement’), which forms the entire agreement between you and Flayr.

2.2. To understand your rights and obligations you need to read all of these documents that relate to you and the Service.

2.3. Please read all the documents carefully before ordering Services and/or Products offered by Flayr.

2.4 By accessing and/or using this Site and related services, you agree to these Terms and Conditions, which include our Privacy Policy. You should review our Privacy Policy and these Terms carefully and immediately cease using our Site if you do not agree to the Agreement.

3. WHEN DOES THE AGREEMENT START?

3.1. When you place a Quote/Estimate Request with Flayr, you have accepted the Agreement.

4. SERVICE DESCRIPTION

4.1. Flayr provides you with an online platform to browse through services for makeup and hair styling and/or products (‘Service’) from a variety of Providers from various locations and businesses (collectively called the ‘ Provider(s)’).

4.2. Flayr provides the following Service, which includes:

4.2.1. The Site;

4.2.2. Flayr’s order and payment platform;

4.2.3. Flayr’s email newsletter; and

4.2.4. All Software, data, reports, text, images, sounds, video and content made available through any of the above.

4.3. If Flayr adds any new features, these new features will also be subject to this Agreement.

4.4. Flayr does not provide any direct services on the day of your event or function and the makeup and hair styling services will be provided by the Provider(s).

4.5. The Provider(s) are responsible for maintaining compliance with any international, federal, state and local laws and regulations relating to their makeup and hair styling services and/or products they provide to or use on you. Flayr takes no liability or responsibility with respect thereto.

4.6. The Provider(s) are responsible for obtaining and maintaining their individual ABNs and insurance(including but not limited to public liability insurance).

5. TERMS OF USE

ORDER PROCESS

5.1. Flayr will list the makeup and hair styling services and/or products available on its Site by Provider(s).It is solely at the discretion of Flayr how many Provider(s) are listed for your consideration.

5.2. If you are interested in booking a makeup and hair styling service and/or product(s), then you can submit an estimate request online through the Site (‘Quote Request’) and request an appointment (‘Appointment Request’).

5.3. You acknowledge that responding to a Quote Request(s) and Appointment Request(s) is at the discretion of Flayr and the Provider(s).

5.4. Within 48 hours of receiving your Appointment Request(s), Flayr may provide you with appointment(s) from Provider(s) (‘Appointment Offer’).

5.5. The Appointment Offer(s) are provided to you on a non-exclusive basis, meaning no reservation is held until payment has been made, for the booking to be confirmed.

5.6. If you would like to proceed with a Appointment Offer(s), you will need to confirm your order with Flayr and make payment of the deposit (‘Deposit’) and service fee (‘Service Fee’) listed in the Appointment Offer(s). The Appointment Offer(s) will detail when the remainder of the payment is required for each individual Provider(s).

5.7. The Deposit and Service Fee is non-refundable, except to the extent otherwise required by law, and is paid to Flayr and not the Provider(s).

5.8. Payment of the Deposit and Service Fee can be made through the Site by either by credit card, PayPal or Poli and is non refundable, except to the extent otherwise required by law.

5.9. The Appointment Offer(s) will detail the payment terms required by the Provider(s).

5.10. You will receive an email confirming the order once payment of your Deposit and Service Fee has been received by Flayr (‘Order’).

5.11. Once you receive email notification confirming the Order, cancellation of the Order would mean that:

5.11.1. The Deposit and Service Fee is non refundable, except to the extent otherwise required by law;

5.11.2. If the remainder of the payment has been made to the Provider(s), it is at the Provider(s)’ discretion whether a refund will be provided to you.

5.12. You agree that you are solely responsible for entering the correct date, service and/or product(s) that you require for your Order.

5.13. You agree that by using the Site, you understand and acknowledge that Flayr provides you with an online platform to browse services and/or products for events and therefore Flayr:

5.13.1. Does not warrant or guarantee that you will find a suitable service, product or satisfy any other requirement(s).

5.13.2. Does not accept responsibility for any service provided by the Provider(s).

5.13.3. Does not accept responsibility for any product(s) used and/or provided by the Provider(s).

5.13.4. Does not warrant or guarantee the status of any Provider(s) as a business or that they are compliant with any laws and regulations.

5.13.5. Will not be liable for any and all injuries, illnesses, damages, claims, liabilities, losses and costs suffered by or related to the services and/or products used or provided by the Provider(s).

CONTENT PROVIDED BY YOU TO FLAYR

5.14 You will provide us with personal information such as your name, email address, mobile number, details of your event, address and desired service and/or product(s). You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

5.15. You will be provided the opportunity to review and rate the Services and/or Products provided by the Provider(s) (‘Review’).

5.16. You understand and acknowledge that by providing a Review, Flayr may make the Review publically available on the Site and/or Flay’r social media accounts. You acknowledge that the views, opinions, advice or recommendations posted by you are not endorsed by Flayr and you acknowledge that Flayr are excluded from all liability for defamation, accuracy, suitability or otherwise of such views, opinions, advice or recommendations.

USER CONDUCT

5.17. If you are at least 18 years of age, you acknowledge that you possess the legal right and ability to enter into a legally binding agreement with us and agree and warrant to use the Site in accordance with this Agreement.

5.18. If you are 13 or older but under the age of 18 years, you represent that you have reviewed this Agreement with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a ‘Minor’) to use the Site, you agree to

5.18.1. Exercise supervision over the Minor’s use of our Site;

5.18.2. Assume all risks associated with the Minor’s use of the Site, including the transmission of content or information to and from third parties via the internet;

5.18.3. Ensure that the content and information that the Minor may encounter on our Site are suitable for the Minor;

5.18.4. Assume liabilities resulting from the Minor’s use of our Site and Services;

5.18.5. Ensure the accuracy and truthfulness of all information submitted by the Minor; and

5.18.6. Provide the consents contained in this Agreement on behalf of the Minor.

5.19. We assume that the Minor’s parent’s or guardian’s permission has been provided and will provide access to our Site on this basis.

5.20. You acknowledge and agree that you shall not use the Service in an unlawful manner or purpose or otherwise attempt to gain unauthorised access to the Site.

5.21. You acknowledge that you will use your best endeavours to ensure the integrity and performance of the Service and/or Site, and will not interfere or disrupt the Service and/or Site in any way.

5.22. You agree that you are solely responsible and liable for all activities carried out by your use of the Site.

5.23. You acknowledge that any material posted by Flayr on the Site, is only general information. You confirm that you have made your own enquiries and have sought independent legal advice on legal compliance and liability issues (if required).

5.24. You shall not assign, sublicence, resell, transfer or otherwise exploit the Service and/or Site to any third party.

5.25. Flayr reserves the right to and may (but has no obligation) to:

5.25.1. Provide technical support services, in accordance with our standard practice, this includes but is not limited to accessing your Order to respond to your request for technical assistance;

5.25.2. Become involved in disputes between you and a Provider(s).

5.26. If you are a competitor of Flayr, you agree not to use the Service and/or Site or to develop a competing product or service.

5.27. We collect personal information about you in order to respond to your enquiries and provide you with the Service and for purposes otherwise set out in our Privacy Policy.

5.28. We may disclose that information to third parties to help us deliver our services (including the Provider(s), information and technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our Services and/or Products to you.

5.29. Our Privacy Policy explains (i) how we store and use, and how you may access and correct your personal information (ii) how you can lodge a complaint regarding the handling of your personal information and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices please contact us at hey@flayr.com.au

5.30. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and this Agreement.

5.31. Our website may contain links to website operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked website and have no control over or rights in those linked websites.

5.32. The Site and Service is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivate works from, transfer, or sell any Content, software, products or services contained within this Site. You may not use this website, or any of its Content for any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

5.33. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Site, including but not limited to:

5.33.1. Any act that would constitute a breach of either the privacy (including private or personal information without an individual’s consent) or any other of the legal rights of individuals;

5.33.2. Using this Site to defame or libel us, our employees, the Provider(s) or other individuals;

5.33.3. Uploading files that contain viruses that may cause damage to our property or the property of other individuals;

5.33.4. Posting or transmitting to this Site, any non-authorised material including but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or third party’s systems or network security.

5.34. If we allow you to post any information to our Site, we have the right to take down this information at our sole discretion and without notice.

5.35. You undertake to provide the Provider(s with a safe environment when they come to you to perform makeup and hair styling services including but not limited to:

5.35.1. A safe and clean set up area for their equipment.

5.35.2. Access to bathroom facilities and water.

5.35.3. No alcohol, drugs or smoking in the presence of the Provider(s).

5.35.4. No disorderly behaviour including but not limited to actions that is likely to cause annoyance, or which is racist, obscene, threatening, pornographic or harassing.

5.36. If the Provider(s) feel unsafe or threatened in any way, the Provider(s) has a right to cancel the Order and payment of the total Order is non refundable, except to the extent as otherwise required by law.

6. PAYMENTS

6.1. Payments to secure the booking are processed online through the Site either by credit card, PayPal or Poli and is paid to FLAYR and not the Provider(s).

6.2. Provider(s) may choose to elect that the remainder of the payment for the Order, is to be processed online through the Site or alternatively may provide other payment options to you.

6.3. The Quote(s) will detail the payment terms required by the Provider(s) and if payment is not made in accordance with the Provider(s)’ payment terms as outlined in the Quote(s), it is at the discretion of the Provider(s) to cancel the Order and your Deposit and Service Fee are non-refundable, except to the extent otherwise required by law.

6.4. If after the Order is confirmed, you change any of the information on the Quote(s) (including but not limited to changing the number of people, services required, time, address etc.), then the stylist reserves the right to cancel the Order. The Deposit and Service Fee are non-refundable.

6.5. Except for the circumstances outlined in clauses 5.36, 6.3 and 6.4, if the Provider(s) cancels the Order or changes the time on the Quote(s), your Deposit and Service fee are refunded to you.

7. DISPUTES

7.1. If a dispute arises between you and any Provider(s), you should correspond with the Provider(s) directly to resolve the dispute.

7.2. If a dispute arises between you and any Provider(s), or if the Service and/or Product were not provided to a satisfactory standard then you must communicate your dissatisfaction to the Provider(s) before the end of your appointment.

7.3. You agree that Flayr is not liable for anything (including but not limited to any loss, damage or personal injury) suffered or incurred by you, resulting from the Service and/or Products from a Provider(s).

7.4. In relation to such dispute, you release and hold harmless Flayr from anything you may suffer or any liability.

7.5. If you raise concerns with Flayr as to the quality of the Service and/or Product(s) provided by a Provider(s), then we may contact you to get further details as to the dispute, including but not limited to whether the Provider(s) arrived on time and the quality of the Service/Product. We may also contact the Provider(s) for information including but not limited to your concerns, whether you instructed the Provider(s) to perform the Service and/or use the Products. We may investigate the dispute with the Provider(s) and may suspend any payment that we might hold for the Provider(s) for that particular Order, until the matter is resolved. It is at Flayr’s sole discretion whether it gets involved in a dispute between you and the Provider(s).

7.6. If an investigation is undertaken, we will correspond with you and notify you in writing about the outcome of the investigation.

8. CHANGES TO THE AGREEMENT

8.1. Flayr may change the Agreement from time to time without prior notice. You can obtain a copy of the latest version of the Agreement at any time on the Site.

8.2. The revised Agreement becomes effective when uploaded onto the Site and if you use the Service or the Site after that date, your use will constitute acceptance of the revised Agreement.

9. SPECIAL OFFERS

9.1. At Flayr’s sole discretion, we may propose special offers to you from time to time.

9.2. For certain campaigns, promotions, offers or contests, additional terms and conditions may apply. If you want to participate in such a campaign, offer, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion, offer or contest. In case of any inconsistency between such terms and conditions and this Agreement, those terms and conditions will prevail.

10. INTELLECTUAL PROPERTY

10.1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Site and in all material (including all text, graphics, logos, audio and software) made available on this Site (‘Content’)

10.2. Your use of this Site and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site or the Content. However we do grant you a licence to access the Site and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorized by us and/or our third party licensors.

10.3. Any reproduction or re-distribution of this Site or Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, local or support for publication, reproduction or distribution is expressly prohibited.

10.4. All other use, copying or reproduction of this Site, the Content or any part of it is prohibited, except to the extent permitted by law.

10.5. All intellectual property (including but not limited to the Site and any other Software that Flayr makes available to you) remains exclusively with Flayr and is protected by intellectual property and other laws.

10.6. You shall not copy, modify or otherwise attempt to discover any source code in any software provided by Flayr. This includes allowing authorised access to any third party.

10.7. You are not permitted to use Flayr’s trademarks or logos without the prior written consent of Flayr.

11. REPRESENTATIONS AND WARRANTIES

11.1. Due to scheduled or emergency maintenance, either by Flayr or a third party, technical reasons or because of other causes beyond our control, the Services may be temporarily unavailable. Where possible, we will try to provide you with previous notice. If the service is unavailable, Flayr is not liable for any loss or damage incurred or suffered by you or any third party.

11.2. The Site and Content are provided on an “as available” basis without any warranties whether express or implied and you acknowledge this when using the Site.

11.3. The information on our Site is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the Site, to the extent permitted by law, we make no warranty regarding the information on this Site. You should monitor any changes to the information contained on this Site.

11.4. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Site or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Site is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

11.5. To the maximum extent permitted by law, we make no warranties or representation about this Site or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Site will be secure.

11.6. Flayr reserve the right to restrict, suspend or terminate without notice your access to this Site, any Content, or any feature of this Site at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

11.7 We do not undertake to keep the Site updated. We are not liable to you or anyone else if errors occur in the information on the Site or if that information is not up-to-date.

12. LIABILITY

12.1. To the maximum extent permitted by law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Site and/or the information or materials contained on it, or as a result of the inaccessibility of this Site and/or the fact that certain information or materials contained on it, or as a result of the inaccessibility of this Site and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

13. WHOLE AGREEMENT

13.1. This Agreement is the whole Agreement between the parties and supersedes all oral and written communications by or on behalf of any of the parties.

13.2. On accepting the Agreement, you acknowledge that you have not relied on any warranty or representation (whether oral or written) in relation to the subject matter of this Agreement made by any person and you have relied entirely on your own enquiries in relation to the subject matter of this Agreement.

13.3. This clause does not apply to warranties and representations that the Agreement expressly sets out.

14. GOVERNING LAW

14.1. This Agreement is governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.

15. COMPLAINTS PROCEDURE

15.1. If you have a complaint in relation to either our Site, a Provider(s) or another user for breaching any of these Terms and Conditions, you can send through a complaint to hey@flayr.com.au. Flayr will use its reasonable endeavours to respond to your complaint within a reasonable time and take reasonable action, which it deems appropriate to resolve or rectify the subject matter of such complaints.

16. INDEMNITY

16.1. You must indemnify and keep indemnified Flayr and its officers, directors, employees and agents against all claims, liabilities, losses, damages or injury arising from or related to any Quote Request, Quote(s) and/or Order that you place, made upon or against Flayr, arising out of or in any way connected with:

16.1.1. The Services and/or Products provided in connection with a Quote Request, Quote(s) and/or Order placed with a Provider(s);

16.1.2. Any act done or omitted to be done by you in connection with a Quote Request, Quote(s) and/or Order placed with a Provider(s); or

16.1.3. Without limitation, any failure by you, to comply with the requirements of any statute or regulation relating to your order for the Services or any other obligation under this Agreement.

17. SEVERANCE

17.1. If any part of this Agreement is invalid or unenforceable, this Agreement will not include it and the remainder of this Agreement continues in full force.

18. NOTICES

18.1. A communication required by this Agreement, by a party to another, must be in writing and sent by email to hey@flayr.com.au, when it will be treated as received on that day.