Terms & Conditions

Thank you for visiting www.beautyfinder.com.au.   Before viewing our website, please take the time to read through our Terms of Use and Privacy Policy. By accessing our website and content you agree to these terms and conditions. You understand that this is a legal Agreement (i.e. “agreement”) between you (i.e. “visitor”, “customer”, “user”, “you” or “your”), the vendor (i.e. “vendor”, “servicer”, “you”, “your”) and www.beautyfinder.com.au (i.e. “company”, “we”, “us”, “our”). You must be over the age of (18) in order to use, browse, display, or otherwise access our website. If you do not agree with these terms, you may not access or otherwise use our website  (i.e. “site”, “website”, “social media site”), or services (i.e. “services”). If you are under the age of (18), you must have permission and consent from your legal guardian or parent in order to access or otherwise use our website or services.

PRIVACY POLICY.  Please see our Privacy Policy located on our website for Terms on how we collect, use, and share your information and other data.

REGISTRATION.  Users and vendors may browse our website without registering, but as a condition to using certain features, you may be required to register for a new account. You warrant that you are providing us with accurate and complete registration information, such as: user name; e-mail address; contact information; and password.  It the user or vendor’s responsibility to maintain their registration information and keep it up-to-date. Failure to do so may be a breach of these Terms, which may result in the termination of your account. Users and vendors may not create multiple accounts (one account per user) without our consent; create an account for anyone other than the user, or vendor (unless with third party permission); utilizing a user name belonging to someone else; using someone else’s user name without consent; or using a user name that would be considered offensive, vulgar, obscene, or unlawful.

We reserve the right to refuse registration of any user name at any time. If you are under the age of (18), you must have permission from your parent or legal guardian in order to use our service and create an account. Users  and vendors acknowledge that they are responsible for activity on their account, and are expected to keep their account login information confidential. You must immediately notify us via email, if you believe your account has been hacked, or your account security has been breached.

LICENSE. We grant each and every user and vendor a nonexclusive, nonassignable, nonsublicensable revocable license to access our website and its content; display our link or URL; or otherwise use and access our website. 

You understand and agree that you may not: (i) license, distribute, make derivative works, display, sell, or "frame" content from our website; (ii) obscure or disable any element of our URL or links; (iii) display our URL or  link in a way that implies we have a partnership with, or endorse your website or services; (iv) display our URL or link on any site that disparages our company or services; (v) display or place our URL on any site that might include content that violates our Terms of Use; (vi) display or place our URL or link in such a manner that it doesn’t permit successful linking to, or redirection to our website or services.

“Content” means without restriction: text; photographs; pictures; illustrations; graphics; links; code; interactive media, or any other material located within our website(s).

Use, reproduction, modification, distribution or storage of any content for any purpose other than personal use, is expressly prohibited without prior written permission from Us, or from the copyright holder identified in such content's copyright notice.  You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party rights.

You also grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from any content you post. This includes without restriction: text, comments, graphics, illustrations, pictures, photographs, and any other recorded or digital media, for any and all legal purposes.  You also warrant and agree that our use of your content shall be without compensation or royalties.

USAGE. www.beautyfinder.com.au has created a platform for local beauty professionals to advertise their services and connect with customers. It was designed for any legal or lawful purpose by our customers. Users understand that their license and use of our website comes with some restrictions to protect our company and clients.   

You may not:  (a) download, copy, or transmit any or all of our website or content without our written permission; (b) use any data mining, robots, or similar data extraction methods; (c) manipulate or otherwise display our website or content using framing or similar navigational technology; (d) register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any person, user, company, or third party unless you have their permission; and (e) use our website for anything other than its intended purpose.

At no time may you: defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, and/or publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information. You are strictly prohibited from interfering with the security of our website, or otherwise abusing our system resources, services or networks connected to or accessible through our web site. 

We reserve the right to amend these terms at any time without prior notice to you.  Some of our services may be subject to supplemental terms, and by using our services you consent to those terms.  Terms and conditions apply to all users of our services, including but not limited to users and vendors.  You are responsible to ensure that these Terms of Use are in compliance with all laws applicable to you.

CONTENT.   You acknowledge that all content accessed by you, (including but not limited to our website), is at your own risk.  Users agree to accept full responsibility for any damages or losses that might occur via their usage.  You  also understand we do not guarantee the authenticity of any content vendors or users may provide about themselves. All content, publicly posted or privately transmitted, is the sole responsibility of the person originating the content.

The term "content" may include and is not limited to:  comments; information; data; text; photographs; video; graphics; and interactive features generated, provided, or otherwise made accessible through our website. We retain all rights, title and interest to our own content which is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You agree not to infringe upon those rights.

MODERATION. You understand and agree that we may moderate which users or vendors access and use our website, at our sole discretion via: blocking; filtering; deletion; delay; omission; license termination; or any other method.  You agree: (i) not to bypass our moderation practices; (ii) we are not liable for moderation in any way; and (iii) nothing we say or do will waive our rights to moderate our website. 

SALES. When a user contracts with a vendor through out website, all funds are held in our Stripe account until the service is performed by the freelancer, and accepted by the client.

Only until service is complete will funds be released to vendor, less our commission of twelve and a half percent (12.5%) as a booking fee. Vendors authorize us to charge their account for services rendered, through our trust third party merchant Stripe. Unless otherwise noted, fees quoted are in A.U. dollars; tax is additional if applicable. To the extent permitted by law, listing fees are nonrefundable, even for posts we may remove.

CANCELLATIONS. Users acknowledge that if they agree or enter into a contract with a vendor for services, they must provide a minimum of twenty-four hour (24) notice in order to cancel the service in order to receive a refund.  All refunds will be issued in a timely manner, and the client shall still be responsible for a (2.5%) Stripe processing fee, which shall be deducted as agreed by the parties.

THIRD PARTY SITES. Our website, products, and/or services may permit you to link to third party websites or resources.  You acknowledge that you are accessing third party websites at your own risk, and understand that we have no control over third party websites. We are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of any third party website. 

TERMINATION.  You understand that we may terminate your account, or access to any part of our website (or services) at any time, with or without cause, with or without notice, effective immediately.  You may terminate your account at any time by sending us an email to: contact@beautyfinder.com.au.  All provisions of these Terms of Use survive termination including, without limitation, licensing,  indemnity and limitations of liability, disputes, and choice of law provisions.

DISCLAIMER. OUR WEBSITE, PRODUCTS, SERVICES, CONTENT AND LINKS ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

We make no representations or warranties as to the conduct of users, vendors, or the correctness of any information provided. You understand and agree that we shall not be liable for any damages whatsoever, whether direct, indirect, special, consequential, and/or incidental, arising out of or relating to your use of our website or services listed on our website, including but not limited to damages resulting in any way from interactions between users and vendors. As such, you agree to take reasonable precautions and exercise care in all interactions with any users or vendors you come into contact with through the use of our website or service. You agree to release us from all liability relating to your connections, interactions, and relationships with other users or vendors. You understand that we do not, in any way, screen users or vendors.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT NO TIME SHALL OUR EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE  WITH RESPECT TO THE SITE, LINKS, SERVICES, CONTENT, OR USER SUBMISSIONS FOR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES; LOSS OF DATA; DEATH OR PERSONAL INJURY; FRAUD, THEFT, OR ANY CRIMINAL ACTIVITY; BREACH OF ANY OBLIGATIONS; LOSS OF REVENUE OR ANTICIPATED PROFITS. OUR TOTAL LIABILITY SHALL NOT EXCEED FIFTY DOLLARS (50.00) A.U. OR THE TOTAL FEES THAT YOU HAVE PAID US WITHIN THE LAST CALENDAR YEAR.

INDEMNIFICATION. You agree to defend, indemnify, and hold Us harmless, along with our employees, agents, representatives, and affiliates from any and all claims, unforeseen third party claims, losses, costs, or damages, that arise from this Agreement, or relate to your use or misuse of, or access to, our website, content, or services.

DISPUTES.  You understand and agree that in the event of a dispute or claim, regarding these Terms of Use or your use of our website or services, both parties shall attempt to resolve the dispute in a professional and business-like manner.  In the event the parties are unable to resolve the dispute, they agree submit the matter to a third party Mediator located in Melbourne, Australia.   Both parties shall share equally in the cost and selection of the Mediator. 

Mediation shall be governed by accepted Mediation or Arbitration rules, as well as Model Standards, and Standards of Conduct.  The prevailing party shall be entitled to reimbursement of legal fees and costs, including but not limited to attorney’s fees.

 

 

 

MISCELLANEOUS.  We shall not be liable for any failure to perform our obligations where such failure results from any cause beyond our reasonable control (force majeure), including without limitation, mechanical, electronic or communications failure or degradation.

You may not assign, transfer, or sublicense this agreement without our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Underage users must have permission and consent from their legal guardian or parent in order to access or otherwise use our website and services.

 If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable.

GOVERNING LAW. These Terms of Use shall be governed by and construed in accordance with the laws of the Country of Australia, and Territory of Victoria excluding its conflicts of law rules.