Terms Of Service

These SalonSeek Terms of Use (this
“Agreement”) apply to your use of (1) the SalonSeek website at
https://www.salonseekapp.com.au and all related websites owned and operated
solely by Salonseek Pty Ltd, subsidiaries or other affiliated companies (collectively,
the “Salonseek Site”), (2) the salon reservation services made available by
SalonSeek through the SalonSeek Site, any Salonseek-branded application for
your mobile or other device (collectively, the “Salonseek Application”),
and any other online properties of SalonSeek or third parties, as described in
Part I below (the “Reservation Services”),  (3) any SalonSeek Application, and (4) any
other services or features made available by SalonSeek through the Salonseek
Site or any Salonseek Application. Together, the items in (1) through (4) are
the “Services”.

In this Agreement, “Salonseek”
and “we” mean Analytical Systems Pty Ltd trading as Salonseek,
and “User” and “you” mean any user of the Services. This Agreement
incorporates Salonseek’s standard policies, procedures, and terms and
conditions for use of the Services that are referenced by name or by links in
this Agreement (collectively, the “Salonseek
Policies”).

By accessing or using the Services
or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you
have read, understand, and agree to be bound by this Agreement, and (2) you
represent and warrant that you are of legal age and not prohibited by law from
accessing or using the Services. SalonSeek may update or revise this Agreement
(including any Salonseek Polices) from time to time. You agree that you will
review this Agreement periodically. You are free to decide whether or not to
accept a modified version of this Agreement, but accepting this Agreement, as
modified, is required for you to continue using the Services. You may have to
click “accept” or “agree” to show your acceptance of any modified version of
this Agreement. If you do not agree to the terms of this Agreement or any
modified version of this Agreement, your sole recourse is to terminate your use
of the Services, in which case you will no longer have access to your Account
(as defined below). Except as otherwise expressly stated by SalonSeek, any use
of the Services (e.g., the use of the Reservation Services) is subject to the
version of this Agreement in effect at the time of use.

Part I - Reservation Services

 

1. Salon Reservations. Salonseek provides the Reservation Services to a User
for the purpose of assisting the User in securing a salon treatment. Reservations
at participating third-party salons (each, a “Salon”). In response to a User’s online request for a Salon
reservation through the Salonseek Site or Salonseek Application, Salonseek
directly contacts the Salon’s computerized database of reservations. The
availability of reservations is determined at the time of User’s query. Once a
reservation is made by User through the Salonseek Site or Salonseek
Application, Salonseek will provide confirmation of the reservation to User by
email, notification, sms or within the application. By using the Reservation
Services, User agrees to receive reservation confirmations by email, notification,
sms or within the application, after booking a reservation through the
Reservation Services.

 

2. No-Show Policy. SalonSeek is committed to providing exceptional and professional
services to Users and Salons. To assist us in maintaining a consistently high
level of service for the Salons and their patrons, Users must cancel any
reservations that they will be unable to honor at least 45 minutes in advance
of the reservation. You may cancel your reservation via the SalonSeek
Application or by calling the Salon directly. Some Salon’s may require a debit
or credit card number to finalize your reservation. In order to use the
Reservation Services for these Salon’s, you must provide valid debit or credit
card information, if you, the user has made a pre booking you must cancel the
appointment 24hours prior to treatment to get a refund of your pre booking. SalonSeek  uses this debit or credit card information as
described in our privacy
policy and shall have no liability
howsoever arising for any charges made to the debit or credit card account for
any failure to cancel your reservation in accordance with a Salon’s
cancellation policy.

If you are unable to keep your
reservation and you fail to cancel at least 45 minutes in advance of the
reservation, Salonseek will send you an email letting you know that our records
indicate that you were a no-show. By using the Reservation Services, User
agrees to receive no-show notifications by email after a report that your
reservation was not honored, whether or not that was in fact the case. Your
Account will be terminated if you are a no-show for four reservations within a
12-month period. If you receive a no-show notification email in error, User
agrees that all final no-show determinations will be made by SalonSeek in its
sole discretion.

 

3. Usage Guidelines. User agrees to use the Reservation Services only
to book reservations at Salons and then honor those reservations by arriving at
the Salon(s) on time and paying for treatments. User will be able to book
multiple reservations through Salonseek. Resale or attempted resale of reservations
is prohibited, and is grounds for, among other things, cancellation of your
reservations or termination of your access to the Services.

 

Part II – Terms for All Services

 

4. Privacy Policy. SalonSeek is committed to helping you safeguard your
privacy online. Please review our privacy
policy for details about how we
collect, use, and disclose information in connection with the Services.

 

5. Your Account. You required to create an account with Salonseek
through the Salonseek Site or Salonseek Application in order to use the
Reservation Services. When registering for an Account, you must provide true,
accurate, current, and complete data about yourself on the Salonseek
registration form. You also agree to promptly update the Registration Data to
keep it true, accurate, current, and complete. You are solely responsible for
maintaining the confidentiality of your Account and the information in your
Account, and, except as otherwise required by applicable law, you are solely
responsible for all use of your Account, whether or not authorized by you. You
agree to immediately notify SalonSeek of any unauthorized use of your Account
or any other breach of security related to your use of the Services.

 

6. Communications from SalonSeek. The SalonSeek Application may use GPS locator
capabilities to identify your current location. If you provide a mobile phone
number, you hereby expressly consent to receive SMS text messages from SalonSeek
regarding the Services and as otherwise described in our privacy
policy. The communication standards for
the Services include, but are not limited to: SMS, GPS, and web-based browser
technology. In order to use the SMS-based Services, you must maintain an active
account with a carrier of electronic communications through mobile devices and
you may not use a prepaid cellular phone to access the Services.

 

7. Technical Requirements. Use of the Services requires Internet access through
your computer or mobile device. You are responsible for all mobile carrier
charges resulting from your use of the Services, including from any
notifications provided by the Services. SalonSeek does not guarantee that the
Services will be compatible with all devices or will be supported by all mobile
carriers. You may be required to have JavaScript (or similar technologies)
enabled to use the SalonSeek Site, and some features and portions of the SalonSeek
Site (including, but not limited to, making, modifying, or canceling
reservations) may not be accessible with JavaScript disabled.

 

8. Modifications to Services. SalonSeek reserves the right, in its sole discretion,
to modify the Services from time to time and without notice, including, without
limitation, by removing, adding, or modifying portions of the SalonSeek Site, SalonSeek
Application, Restaurants. SalonSeek shall have no liability to you for any of
the foregoing actions. If you object to any such changes, your sole recourse
shall be to cease using the Services. Continued use of the Services following
any such changes shall indicate your acknowledgment of such changes and
satisfaction with all the Services.

 

9. Intellectual Property Rights
and Grant of Rights to User. The
features, information, and materials provided and depicted through the Services
are protected by copyright, trademark, patent, and other intellectual property
laws. All text, graphical content, video, data, and other content made
available through the Services (collectively, the “SalonSeek Content”) are
provided to User by SalonSeek or its partners or licensors solely to support
User’s permitted use of the Services. The SalonSeek Content may be modified
from time to time by SalonSeek in its sole discretion. Except as expressly set
forth herein, no license is granted to User for any other purpose, and any
other use of the Services or the SalonSeek Content by User shall constitute a
material breach of this Agreement. SalonSeek  and its partners or licensors retain all
rights in the Services and SalonSeek Content and any associated patents,
trademarks, copyrights, trade secrets, or other intellectual property rights.
No license, right, or interest in any trademarks of SalonSeek or any third
party is granted under this Agreement.

 

10. Application License. Subject to the terms and conditions of this Agreement,
SalonSeek grants User a non-exclusive, non-transferable, revocable license to
use the SalonSeek Application, in object code form only, on User’s compatible
mobile devices, solely to support User’s permitted use of the Services.

 

11. Use Restrictions. The Services and SalonSeek Content are offered solely
for User’s personal use for the purposes described in this Agreement. Any and
all other uses are prohibited. SalonSeek expressly reserves all its rights and
remedies under applicable laws. SalonSeek reserves the right, in its sole
discretion, to refuse service, terminate Accounts, remove or edit content,
cancel reservations, or deny access to the Services. You agree not to (and not
to allow any third party to): (1) use any robot, spider, scraper, or other
automatic or manual device, process, or means to access the Services or copy
any SalonSeek Content, except as expressly authorized by SalonSeek; (2) take
any action that imposes or may impose (in SalonSeek sole determination) an
unreasonable or a disproportionately large load on the Services or SalonSeek
infrastructure; (3) utilize any device, software, or routine that will
interfere or attempt to interfere with the functionality of the Services; (4)
rent, lease, copy, provide access to or sublicense any portion of the Services
or SalonSeek Content to a third party; (5) use any portion of the Services or SalonSeek
Content to provide, or incorporate any portion of the Services or SalonSeek
Content into, any product or service provided to a third party; (6) reverse
engineer, decompile, disassemble, or otherwise seek to obtain the source code
or non-public APIs to the Services, except to the extent expressly permitted by
applicable law (and then only upon advance notice to SalonSeek); (7) modify any
Services or SalonSeek Content or create any derivative product from any of the
foregoing; (8) remove or obscure any proprietary or other notices contained in
the Services or SalonSeek  Content; (9)
use the Services or SalonSeek Content for any illegal purpose; or (10) publicly
disseminate information regarding the performance of the Services or SalonSeek
Content or access or use the Services or SalonSeek Content for competitive
analysis or benchmarking purposes.

 

12. Export Control. You shall not and shall not allow any third-party to
allow the export or re-export of any part of any SalonSeek Application or other
aspects of the Services or any direct product thereof in contravention of any
technology control or export laws and regulations that apply to the technology
used or supported by the SalonSeek Services, including Australian export laws
and regulations, to any county for which the government or any agency thereof
at the time of export requires an export license or other governmental approval
without first obtaining such license or approval.

 

13. Termination. SalonSeek may suspend your ability to use all or any
element of the Services or may terminate this Agreement effective immediately,
without notice or explanation. Without limiting the foregoing, SalonSeek may
suspend your access to the Services if we believe you to be in violation of any
part of this Agreement (including any SalonSeek Policies. You agree that SalonSeek
shall not be liable to you for any termination of this Agreement or for any
effects of any termination of this Agreement. You are always free to discontinue
your use of the Services at any time. You understand that any termination of
your Account may involve deletion of any content stored in your Account for
which SalonSeek will have no liability whatsoever.

 

14. Reviews,
Comments, Communications, and Other Content. The
Services may permit you to submit reviews, comments, and ratings, send emails
and other communications; and submit suggestions, ideas, comments, questions,
or other information for publication and distribution to restaurants and other
third parties (“User Content”). Any such User Content must not be illegal,
threatening, obscene, racist, defamatory, libelous, pornographic, infringing of
intellectual property rights, promoting of illegal activity or harm to groups
and/or individuals, invasive of privacy, purposely false or otherwise injurious
to third parties or objectionable and must not consist of or contain software,
computer viruses, commercial solicitation, political campaigning, chain
letters, mass mailings, any form of "spam" or references to illegal
activity, malpractice, purposeful overcharging, false advertising or health
code violations (e.g. foreign objects in food, food poisoning, etc.). You may
not use a false email address, impersonate any person or entity, or otherwise
mislead as to the origin of User Content.  SalonSeek reserves the right
(but has no obligation) to monitor, remove, or edit User Content in SalonSeek
sole discretion, including if User Content violates this Agreement (including
any SalonSeek Policies), but you acknowledge that SalonSeek may not regularly
review submitted User Content. If you do submit User Content, and unless we
indicate otherwise, you grant SalonSeek a nonexclusive, perpetual,
royalty-free, irrevocable, and fully sublicensable (through multiple tiers)
right to use, modify, reproduce, adapt, translate, publish, create derivative
works from, distribute, display, and otherwise exploit such User Content
throughout the world in any media. SalonSeek takes no responsibility and
assumes no liability for any User Content submitted by you or any other User or
third party.

 

15. Your Representations and
Indemnity. You confirm that you own or
otherwise control all of the rights to any User Content submitted by you; that
all User Content submitted by you is accurate; and that exploitation of such
User Content by SalonSeek and its other Users, partners, and licensees will not
violate this Agreement, cause injury to any person or entity, or infringe any
third-party rights.

You will indemnify SalonSeek and
its managers, shareholders, officers, directors, employees, representatives and
agents (collectively, the “Indemnitees”), against any loss, damage or cost incurred by us
arising out of your use of the SalonSeek Site, including, without limitation,
the Services, the SalonSeek Content or any other information accessible over or
through the SalonSeek Site, including information obtained from linked sites,
any User Content submitted by you or your violation of this Agreement, our
privacy policy or any other laws, regulations and rules. You will also
indemnify the Indemnitees against any claims that information or material which
you have submitted to us is in violation of any law or in breach of any third
party rights (including, but not limited to, claims in respect of defamation,
invasion of privacy, breach of confidence, infringement of copyright or
infringement of any other intellectual property right). We reserve the right to
exclusively defend and control any claims arising from the above and any such
indemnification matters and that you will fully cooperate with us in any such
defences.

16. Liability Limitations. Except as prohibited by law, in no event shall SalonSeek
be liable for any injury, loss, claim, damage or any special, exemplary,
punitive, incidental or consequential damages of any kind, whether based in
contract, tort or otherwise, which arises out of or is any way connected with
(I) this agreement (II) any use of the Services, the SalonSeek Site or the SalonSeek
Content , (III) any  failure or delay (including, but not limited to, the
use or inability to use any component of the Services or the SalonSeek Site for
reservations), or (IV) the performance or non-performance of any restaurant in
connection with the Services. In addition, all Users specifically understand
and agree that any third party directing Users to the SalonSeek Site by
referral, link or any other means is not liable to the User for any reason
whatsoever, including but not limited to damages or loss associated with the
use of the services, the SalonSeek Site or the SalonSeek Content. SalonSeek is
neither an agent of nor is connected with any affiliated restaurant in which a
User has made a reservation. SalonSeek is not liable for any injury, loss,
claim, damage or any special, exemplary, punitive, incidental or consequential
damages of any kind, whether based in contract, tort or otherwise, which arises
out of or is in any way connected with a User’s visit to an affiliated
restaurant.

You and SalonSeek understand and
agree that the disclaimers, exclusions, and limitations in this Section 17 and
in Section 18 are essential elements of this Agreement and that they represent
a reasonable allocation of risk. In particular, you understand that SalonSeek
would be unable to make the Services available to you except on these terms and
agree that this Agreement will survive and apply even if any limited remedy
specified in this Agreement is found to have failed of its essential purpose.

 

17. Disclaimer
of Warranties. The Services, all SalonSeek
Content, and any other information, products, and materials contained in or
accessed through the Services, are provided to the User on an “as is” basis and
without warranty of any kind.  SalonSeek expressly disclaims all
representations, warranties, conditions, or indemnities, express or implied,
including, without limitation, any warranty of merchantability, fitness for a
particular purpose, title or non-infringement, or any warranty arising from a
course of dealing, performance, or trade usage. SalonSeek does not warrant that
your use of the Services will be uninterrupted or error-free, that SalonSeek
will review the information or materials made available through the Services
for accuracy or that it will preserve or maintain any such information or
materials without loss. SalonSeek shall not be liable for delays,
interruptions, service failures, or other problems inherent in the use of the
internet and electronic communications or other systems outside the reasonable
control of SalonSeek.

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. For the avoidance of doubt,
nothing in this Section 18 restricts, excludes or modifies any rights that
cannot be excluded under any applicable law, including the consumer guarantees
set out in the Competition and Consumer Act 2010 (Cth).

 

18. Theft and Payments. SalonSeek will not be held liable for any theft or
unpayable payments made by clients, please report any theft immediately to the
police. By being a part of SalonSeek, you the salon agree to honor all
appointments made to your salon, via the application or web, not honoring appointments
will see your establishment terminated from SalonSeek webapp & app. You,
the Salon agree to SalonSeeks monthly tiered billing system & prebooking
charge.

 

19. Explicit Content. You hereby agree to not add any photos such as (nudity,
pornography etc) to your salon profiles, any of the above actions will result in
immediate termination of your account along with a report to the police.
SalonSeek will act swiftly on the matter. You agree to not upload any photos
that don’t have relevance to your salon by not uploading relevant photos you
could see your salons account terminated.

 

20. Links to Third Party Websites. The Services may contain hypertext links to
websites operated by parties other than SalonSeek. Such hypertext links are
provided for User’s reference only, and SalonSeek does not control such
websites and is not responsible for their content. SalonSeek inclusion of any
hypertext links to such websites does not imply any endorsement of the material
on such websites or any association with their operators. SalonSeek is not
liable for any such third-party websites or any content, features, products, or
services made available through such third-party websites.

 

21. Release. Salons are solely responsible for their interactions
with you and any and all claims, injuries, illnesses, damages, liabilities, and
costs (“Claims”) suffered by you as a result of your interaction with
or visit to any Restaurant or from any product or service of any Restaurant.

 

22. Severability. If any of the provisions, or portions thereof, of
this Agreement are found to be invalid under any applicable statute or rule of
law, then, that provision (or portion thereof) notwithstanding, this Agreement
shall remain in full force and effect and such provision or portion thereof
shall be deemed omitted.

 

23. No Assignment. This Agreement and the rights granted and
obligations undertaken hereunder may not be transferred, assigned or delegated
in any manner by User, but may be so transferred, assigned or delegated by SalonSeek.

 

24. Waiver.   Any waiver of any provision of this Agreement, or a
delay by any party in the enforcement of any right hereunder, shall neither be
construed as a continuing waiver nor create an expectation of non-enforcement
of that or any other provision or right.

 

25. Choice of Law. The Terms of Use is made under and shall be governed by
and construed in accordance with the laws of Victoria, Australia without regard
to its conflicts of law provisions. Any claim or controversy arising out of or
related to these Terms of Use shall be instituted in the courts exercising
jurisdiction in Victoria, Australia and any courts having jurisdiction to hear
appeals from any of those courts.