Flossie Limited (Flossie) - Customer Terms & Conditions
- If you register as a Customer of Flossie you will be able to book hair and beauty appointments via the Flossie app. You can register as a Customer of Flossie via the App on iTunes or Google Play.
- If at any time you cease to accept these Terms & Conditions you must immediately cease using the App and booking appointments through Flossie.
- You acknowledge that, by registering as a customer on Flossie, you agree to be bound by these Terms & Conditions. Your continued access of Flossie, and purchase of Goods and/or Services through Flossie, constitutes your agreement to these Terms & Conditions.
- Capitalised terms have the meaning given to them in the definitions section at the end of these Terms & Conditions.
Terms of Sale:
- You agree and acknowledge that the Partner is solely responsible for delivering the Goods and/or performing the Services comprised in the appointment in accordance with these Terms & Conditions, the terms of the appointment, the terms and conditions applicable to Partners in respect of the Channels, and any applicable laws and regulations.
- You acknowledge that Flossie will receive a commission fee from the Partner when you acquire an appointment.
- You authorise Flossie to charge your nominated credit or debit card in exchange for payment of Goods and/or Services at the time of an appointment booking via any of the Channels. Flossie will then pay the Partner for the Goods and/or Services comprised in the appointment and a GST receipt in respect of the Goods and/or Services.
- You acknowledge that, following an initial consultation with you at the beginning of, or prior to, your appointment, the Partner may advise you that the price of the Services stated in the appointment has varied, in which event you may:
- agree with the Partner to accept the Services being performed at the new price quoted by the Partner. If the new price of the Services is greater than the price stated in the appointment, you must pay the Partner the difference between the price stated in the appointment and the new price. If the price of the Services is less than the price stated in the appointment, either you, or the Partner on your behalf, may liaise with Flossie to obtain a refund of the difference between the price stated in the appointment and the new price; or
- reject the Services being performed at the new price quoted by the Partner and request a refund of the amount paid by you in respect of the appointment in accordance with paragraph 12 below.
- If you are dissatisfied in any way with the Goods delivered and/or Services provided, you must in the first instance try to resolve your dissatisfaction directly with the Partner.
- If you are not able to resolve a matter arising under paragraph 10 above directly with the Partner within three days of notification from you to the Partner, you may take the matter up directly with Flossie, and Flossie will seek to resolve the matter.
- If you are eligible for a refund in accordance with these Terms & Conditions, the refund is to be paid via Flossie. You may opt to receive your money back in Flossie Dollar credit or to receive a money transfer back onto the card used to purchase the Service/s, or a combination of both, subject to the following:
- Flossie reserves the right to issue a refund in the same method used to pay for the Services, and will only approve a money transfer back onto a debit or credit card used to purchase the Service/s to the extent that you used that method to pay for the Services. Flossie will refund any remaining amount to you in the form of Discounts determined by Flossie in its discretion; and
- if you have cancelled an appointment in accordance with clause 14, Flossie reserves the right to issue the refund either in accordance with clause 11(a) or in Flossie Dollar credit.
No-Shows and Lateness:
- You acknowledge that where you book an appointment but you either:
- do not attend the appointment time (i.e. a “no-show”); or
- are late to the appointment, with the effect that the Partner is either unable to provide the Services comprised in the appointment, or is unable to provide the Services comprised in the appointment to the Partner’s usual standard, you will still be charged for the Services.
- If you seek to cancel an appointment you must do so through Flossie, and, subject to paragraph 14 below, Flossie will process a refund in accordance with paragraph 11 above.
- You will not receive a refund for an appointment if you do not adhere to the cancellation policy of the Partner that is providing the Services to you or, if the Partner that is providing the Services to you does not have a cancellation policy, if you seek to cancel the appointment at any time that is 24 hours or less prior to the appointment time comprised in the appointment.
- Flossie reserves the right to cancel any appointments you may have booked on Flossie within the applicable cancellation period. In the event that Flossie cancels an appointment, you will receive a refund in accordance with paragraph 11 above.
- Subject to the applicable cancellation policy, you may reschedule the appointment time by contacting the Partner or Flossie, and the Partner will endeavour to confirm an alternative appointment time that is satisfactory to you as soon as practicable following contact from you.
- In the event you reschedule an appointment time with a Partner, the Partner will notify Flossie of the new appointment time.
- Flossie and/or Partners may offer Discounts to you. These Discounts may be subject to additional terms and conditions.
- Discounts are not redeemable for cash or any other benefit.
Conduct of Users:
- You must use Flossie in good faith and you are responsible for any content published or made available by you.
- In the event that Flossie learns of, or has reasonable grounds to suspect, that any information provided to Flossie in respect of your Flossie account is fraudulent, inaccurate or failed any credit or fraud prevention check, or that activity in violation of these Terms & Conditions has occurred in respect of your account, Flossie can immediately suspend or terminate your access to the Channels without notice and refuse to authorise its future use. Repeated violations of these Terms & Conditions will result in immediate and permanent termination of your use of your Flossie account, the Channels.
- When you become a Customer of Flossie you provide us with personal information such as your email address and phone number. You agree to keep this information accurate and up to date at all times. You further agree that Flossie may use this information to make contact with you and to verify who you are.
- All information that Flossie holds about you, including credit card or payment information will be securely stored and will not be provided to any third party except as provided for in these Terms & Conditions or as required by any applicable laws or regulations. Flossie will not collect any personally identifiable information about you (e.g. your name or email address), unless you have provided it to us voluntarily. If you do not want your personal data collected, please do not submit it to us.
- Any personally identifiable information you do voluntarily provide us will not be shared, sold, swapped, or marketed to any third parties except to Partners for the purposes of delivering any Goods, performing any Services, and/or aiding the fulfilment of any product.
- The information you do provide to us may be used in the following ways, unless stated otherwise:
- Flossie may monitor and statistically analyse the types of visitors to the Channels;
- Flossie may store and process that information to better understand your needs and how we can improve our products and services; and/or
- Flossie may provide a Channel partner with aggregate, not individual, information about visitors to the Channels.
- It may become necessary or convenient for Flossie to provide its Associates, including Associates overseas, with your Personal Information. This may be for any reason, but could include:
- to satisfy any of our responsibilities to our Associates; or
- to cooperate with our Associates in the event they require the personal and sensitive information for activities associated with your engagement of Flossie.
- If you consent to Flossie disclosing your personal or sensitive information to its overseas Associates (including those in New Zealand), than Australian Privacy Principle 8.1 (which requires us to take steps as are reasonable in the circumstances to ensure the Associate does not breach the Australian Privacy Principles), will not apply to the disclosure. Your use of Flossie constitutes consent for the purpose of this clause 27.
- If you have opted in to receive communications from us, you agree to receive unsolicited emails from Flossie or our Associates promoting our Goods and/or Services.
- You may unsubscribe from email communications at any time by clicking on the "Unsubscribe" link in every email you receive from Flossie or our Associates.
Access and Use of Flossie:
- You acknowledge that your use of the Channels and associated services may be subject to interruption or delay beyond the control of Flossie. Due to the nature of the Internet and mobile applications, Flossie and its service providers do not make any warranty that the application will be error free, without interruption or delay, or free from defects in design or engineering. Flossie takes no responsibility for any failure of, or interruption to, the Channels, or for any loss that is incurred as a result of any failure of, or interruption to, the Channels.
- The compatibility of the Channels are not guaranteed for all software or hardware.
- It is entirely your responsibility to ensure that access to the Channels are not illegal or prohibited by applicable laws and that accessing the Channels does not expose you to the risk of viruses, malicious computer code or other forms of interference which may cause damage to your computer systems.
- Flossie will not be liable for any interference or damage to your computer system (including loss of data) which arises in connection with the use of this or any links on any Channel to a third party site.
- You will not attempt to decipher, decompile, disassemble, or reverse engineer any of the underlying codes or software comprising or in any way used on the Channels.
- Intellectual Property means rights in respect of copyright, trade marks (whether registered or not), designs, patents, business names, and domain names which are governed by the relevant Intellectual Property laws.
- All Content, and the collection, arrangement and assembly of the Content, is the property of Flossie and is protected by the relevant Intellectual Property laws.
- You do not receive any Intellectual Property rights in or to the Content itself. No interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred by you or any third parties.
- All trademarks used on the App and otherwise by Flossie are owned by Flossie or other respective owners that have granted Flossie the right and/or licence to use such trade marks. You do not receive any Intellectual Property rights in or to these trade marks.
- All Flossie logos are registered trademarks of Flossie. All other trademarks/trade names are the property of their respective owners and are used by permission.
Warranties and Indemnity:
- Nothing in this agreement is intended to limit any of your rights under the Australian Consumer Law. If the Australian Consumer Law or any other legislation states that there is a guarantee in relation to any good or service supplied by Flossie in connection with this agreement and Flossie’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then no other clause limits that liability and instead Flossie’s liability for such failure is limited to (at Flossie’s election):
- in the case of a supply of goods, Flossie replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or
- in the case of a supply of services, Flossie supplying the services again or paying the cost of having the services supplied again.
- Flossie will provide a money back guarantee to you in accordance with paragraph 11 above if you are dissatisfied with any Goods and/or Services you have been provided with, and if it is not possible to remedy your dissatisfaction by the Supplier re-providing the Goods and/or Services or by providing alternative Goods and/or Services.
- The Goods and/or Services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods and/or Services replaced if the Goods and/or Services fail to be of acceptable quality and the failure does not amount to a major failure.
- To the maximum extent permitted by law, Flossie provides no warranties regarding the accuracy, adequacy, or completeness of any information available through the Channels (including any links to third party sites) or any other third party site associated with Flossie.
- Subject to clause 39, Flossie will not be liable to you in any way, whether in contract, tort (including but not limited to negligence) or otherwise, for any liability, damages, losses (including, without limitation loss of profits, business or data), costs or expenses of any kind related to, or in any way connected with, your use of Flossie via the Channels or any other third party site that provides a link to any of the Channels, except in relation to matters where such liability, damages, losses, costs or expenses have directly resulted from the fraud or gross negligence of Flossie.
- You agree to indemnify Flossie, its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives against any and all claims, damages, losses, costs, and expenses (including but not limited to lawyers' fees) resulting from any breach of these Terms & Conditions by you or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the App and/or using your account.
- Flossie may amend these Terms & Conditions at any time. Flossie will send you notice of any amendment to the email address provided by you. If you do not object to the amendment in writing by reply email to us, within 7 days of the date of that notice, then you will be deemed to have accepted that amendment and the amendment will take effect from the date of the notice. If you propose an amendment to these Terms & Conditions such amendment will only be effective if, and at the time that, Flossie (in its sole discretion) expressly agrees in writing to the proposed amendment. You are responsible for ensuring that the Information you have provided to Flossie at any time, including without limitation your contact details, remains current and accurate.
- In the event of any conflict between the terms of any appointment and these Terms & Conditions, these Terms & Conditions will prevail for all purposes.
- These Terms & Conditions are governed by the laws of New South Wales and you submit to the exclusive jurisdiction of the New South Wales courts.
App means any of Flossie mobile applications (including without limitation iOS and Android mobile applications).
Australian Consumer Law means schedule 2 of the Competition and Consumer Act 2010 (Cth).
Channel means any and all media formats in which Flossie markets, promotes, transmits, sells and/or distributes an appointment, including without limitation the Website, the App, or any third party platform (including without limitation a Facebook shop or Google reserve).
Consequential Loss means any one or more of the following: (a) loss of bargain; (b) loss of revenues; (c) loss of reputation; (d) indirect loss; (e) loss of profits; (f) consequential loss; (g) loss of actual or anticipated savings; (h) lost opportunities, including opportunities to enter into arrangements with third parties; (i) loss or damage in connection with claims against you by third parties; and (j) loss or corruption of data, or any loss which does not arise naturally, that is during the ordinary course of things, as a result of the relevant breach.
Content means any Information published or made available via a Channel, whether generated by Flossie, a Partner, you, or any other person.
Customer means any person booking an appointment from time to time.
Discount means any discount, preferential pricing, promotion, promotional code, voucher and/or anything having the same or substantially the same effect, able to be applied to the purchase price for goods and/or services through Flossie.
Flossie means Flossie Pty Ltd ABN 49 622 895 747 and all its related bodies corporate and affiliates, including Flossie Limited.
Goods means any goods that a Partner offers and promotes through Flossie through any of the Channels.
Information means any and all information relating to you and your use of Flossie.
Intellectual Property Rights means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, trade secret, knowhow, trade or business or company name, or right of registration of those rights.
Personal Information has the meaning given to that term by the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth) and any ancillary rules, guidelines, orders, directions, directives, codes of conduct or other instruments made or issued under it, as amended from time to time.
Services means any services that a Partner offers through Flossie through any of the Channels.
Partner means any salon, spa or clinic that has agreed to have their business, services and employees profiled in the Flossie app.
Terms & Conditions means these terms and conditions, including as amended from time to time.
Website means Flossie.com or any other website operated by Flossie.com from time to time.