Member Terms & Conditions

Customer Booking Terms & Conditions

Last Updated September 2019.

INTRODUCTION

  • This Customer Booking Terms & Conditions relates to booking a hair and/or beauty Appointment via our online services including our Websites (book.flossie.com), online frontend booking software Powered by Flossie used by hair and beauty businesses (‘Partners’) at unique subdomain addresses through which customers can book appointments directly with the Partner and our Apps (mobile application on iOS & Android). (Altogether these make up the ‘Services’).
  • Services are solely managed by Flossie.com Ltd and UK subsidiary Powered by Flossie.com Ltd. Our registered address is 96 St Georges Bay Road, Auckland 1052, New Zealand, registration number 3409935.
  • Throughout these Terms & Conditions, Flossie.com Ltd and Powered by Flossie.com Ltd are referred to as ‘Flossie’ for the purpose of ensuring our responsibilities are clear to you.
  • You can register as a customer of Flossie by creating an account via any of the above Services.
  • If at any time you cease to accept these Terms & Conditions you must immediately cease using and booking Appointments via the Services.
  • You acknowledge that, by registering as a Customer of Flossie, you agree to be bound by these Terms & Conditions. Your continued access, and purchase of Appointments through our Services, 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.

What does Flossie do?

Flossie provides software that helps hair and beauty businesses (‘Partners’) retail their appointments and products smarter online. Customers can instant book and choose to pay an appointment upfront. Appointments can be made via the Services and through Powered by Flossie Partner branded websites and apps.

Flossie Services are not intended for or directed at children under the age of 13 years. As such, it is designed for adult user interaction. We do not intentionally collect personally identifiable information from children under the age of 13.

Terms of Sale

  1. You agree and acknowledge that the Partner is solely responsible for delivering the Appointment and 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 Services, and any applicable laws and regulations.
  2. You acknowledge that Flossie will receive a commission fee from the Partner when you acquire an Appointment.
  3. You authorise Flossie to charge your nominated credit or debit card in exchange for payment of the Appointment at the time of a booking via any of the Services. We will then pay the Partner for services comprised in the Appointment and a GST receipt in respect of the Appointment.
  4. You acknowledge that, following an initial consultation with you at the beginning of, or prior the Partner may advise you that the price of the services stated in the Appointment has varied, in which event you may:
    1. 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
    2. 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 the existing policy stated Section 4 of this document.

Price and Payments

  1. Prices advertised on the Services are final and any Offers and/or Promotions will be indicated with ‘VIP’ or ‘Offer’ flags.
  2. Prices may be subjected to change by Flossie or Partners at any given time with the Services updated accordingly. Despite Flossies best efforts, some of the pricing and service information may incorrect. If the advertised price is higher than what you have paid than Flossie will contact you to arrange a refund either directly back onto your credit card or in credit.
  3. Flossie accepts payments via credit card (Visa, Mastercard, Q Card, Q Mastercard) and Buy Now Pay Later solutions: Oxipay (New Zealand customers only).
  4. Payments for Appointments are processed by third party payment service providers. Flossie takes care to ensure that the payment facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such payment facility, nor can we guarantee that the facility is virus or error free.
  5. Flossie collects payment on behalf of the Partner, once Flossie has successfully received your payment for the Appointment this will discharge your credit card to the Partner
  6. (New Zealand customers) Oxipay legals visit here to review your agreement: https://oxipay.co.nz/terms/

Dissatisfied Customers

  1. If you are dissatisfied in any way with the service provided in the Appointment, you must in the first instance try to resolve your dissatisfaction directly with the Partner.
  2. If you are not able to resolve the matter directly with the Partner within three days of notification from you to the Partner, you may take the matter up directly with Flossie, and we will seek to make contact with the Partner.
  3. Flossie does take complaints seriously and will always do everything to help resolve the matter.
  4. The Customer may be required to provide examples to Flossie (i.e. photos), for Flossie to provide to the Partner.
  5. Flossie is not responsible for the services that the Partner provides as part of the Appointment and we are under no obligation to provide a refund or credit note in the event that a Customer is dissatisfied with the service that a Partner has provided.

Refunds

  1. 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 credit or to receive a money transfer back onto the card used to purchase the service outlined in the Appointment, or a combination of both, subject to the following:
    1. Flossie reserves the right to issue a refund in the same method used to pay for the Appointment, and will only approve a money transfer back onto a debit or credit card used to purchase the Appointment to the extent that you used that method to pay for the Appointment.
    2. if you have cancelled an Appointment in accordance with the policy stated in these Terms & Conditions, Flossie reserves the right to issue the refund either directly back onto the customers credit card or in credit.

No-Shows and Lateness

  1. You acknowledge that you book an Appointment but you either:
    1. do not attend the Appointment time (i.e. a “No-Show”); or
    2. are late to the Appointment, with the effect that the Partner is either unable to provide the service 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 Appointment.

Cancellations

  1. If you seek to cancel an Appointment you must do so through Flossie, and, subject to Section 6.b below, Flossie will process a refund in accordance with Section 4 above.
  2. 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 service to you or, if the Partner that is providing the service 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.
  3. Flossie reserves the right to cancel any Appointments you may have booked within the applicable cancellation period. In the event that Flossie will cancel an Appointment, you will receive a refund in accordance with Section 4 above.

Rescheduling

  1. 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.
  2. In the event you reschedule an Appointment with a Partner, the Partner will notify Flossie of the new Appointment time.

Offers and Promotions

  1. Flossie and/or Partners may offer Offers and Promotions (services on sale) to you. These Offers and Promotions may be subject to additional terms and conditions.
  2. Offers and Promotions are not redeemable for cash or any other benefits.

Conduct of Users

  1. You must use our Services in good faith and you are responsible for any content published or made available by you.

Termination

  1. In the event that Flossie learns of, or have reasonable grounds to suspect, that any information provided to Flossie in respect of your 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, We can immediately suspend or terminate your access to the Services 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 account across all Services.

Privacy & Cookies Policy

  1. The privacy of your personal information is really important to us. See our Privacy and Cookies Policy for more information on how we collect, use and share your personal information; how you can manage the information you have shared with us and exercise your privacy rights; and how we protect and retain your information.

Marketing

  1. Flossie would like to send you information about Partners specifically their Appointments and relevant industry news that we think is of relevance to you. If you have agreed to receiving marketing, you can always opt-out at a later date. Flossie may contact you via email or a push-notification to your mobile phone.
  2. You have the right to stop Flossie from contacting you for marketing purposes by either ‘unsubscribing’ from email or turning off your notifications from your mobile phone settings.
  3. You will still receive operational emails from us regarding upcoming appointment reminders and tax invoices.
  4. If you do decide to opt-in again to receive marketing communications from us you can write to us at help@flossie.com
  5. Our Partners may send us Content to use, distribute, reproduce, display in connection with the sale of any Appointments via any Services or Channels. This Content has been granted to Flossie and we expect that the Partner would have seeked approvals with you first to share any Content that may feature you with us.
  6. Flossie and/or our Partners may publish your Review across any Services and Channels for the sole purpose of promoting the Partners Appointments and profile. Flossie only partners with Tried & Tested businesses and publishing your review is critical to ensure we provide Customers with accurate information about each Partner and their Appointments.
  7. If you would like to have a published Review removed, please write to us at help@flossie.com

Access and use of Flossie Services

  1. You acknowledge that your use of Flossie Services may be subject to interruption or delay beyond the control of Flossie. Due to the nature of the Internet and mobile applications, We and our 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. We take no responsibility for any failure of, or interruption to, the Services, or for any loss that is incurred as a result of any failure of, or interruption to, the Services.
  2. The compatibility of the Services are not guaranteed for all software or hardware.
  3. It is entirely your responsibility to ensure that access to the Services are not illegal or prohibited by applicable laws and that accessing the Services 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.
  4. 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 Services to a third party site.
  5. 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 Services.

Intellectual Property

  1. 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.
  2. 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.
  3. 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.

Trade marks

  1. All trademarks used on the Services and otherwise 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.
  2. All Flossie logos are registered trademarks of Flossie.com Ltd and Powered By Flossie Ltd. All other trademarks/trade names are the property of their respective owners and are used by permission.

Warranties and Indemnity

  1. (New Zealand Customers) The Consumer Guarantees Act 1993 and the Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms & Conditions must in all cases be read subject to those statutory provisions.
  2. (Australia Customers) 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 Appointments supplied by Flossie in connection with this agreement and Flossies liability for failing to comply with that guarantee cannot be excluded but may be limited, then no other clause limits that liability and instead Flossies liability for such failure is limited to (at Flossies election):
    1. in the case of a supply of goods, Flossie will replace the goods or supply 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
    2. in the case of a supply of services, Flossie will supply the services again or paying the cost of having the services supplied again.
  3. Flossie provides no warranties regarding the accuracy, adequacy, or completeness of any information available through the Services (including any links to third party sites) or any other third party site associated with Flossie.
  4. To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms & Conditions is excluded. Where Flossie cannot by law exclude its liability, any such condition or warranty will apply; however, Flossies liability for a breach of any implied condition or warranty is limited to the maximum extent permitted by law.
  5. 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 the Services or any other third party site that provides a link to any of the Services, except in relation to matters where such liability, damages, losses, costs or expenses have directly resulted from the fraud or gross negligence of Flossie.
  6. 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 violation of these Terms & Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services and/or using your account.

Changes to these Terms & Conditions

  1. Updates to these Terms & Conditions will be made when required by legal, technical and business developments. Flossie will take the appropriate measures to update you consistently with the significance of the changes we make.
  2. By continuing to access the Services after such amendments to the Terms & Conditions, you agree to be bound by the amended Terms & Conditions.
  3. You can see when these Terms & Conditions was last updated by checking the ‘last updated date displayed in the header, the top of this page.
  4. In the event of any conflict between the terms of any Appointment and these Terms & Conditions, these Terms & Conditions shall prevail for all purposes.

Governing Law

  1. (New Zealand Customers) These Terms & Conditions are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the New Zealand courts.
  2. (Australia Customers) 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.

Contact us

  1. If you have any questions about these Terms & Conditions, Privacy and Cookie Policy or if you feel that we have not addressed your concern in a satisfactory manner, you may write to us at help@flossie.com

 

Definitions

App means any of Flossie.com Ltd and Powered by Flossie Ltd mobile applications (including without limitation iOS and Android mobile applications).

Appointment means the Goods and/or Services a Partner has available to book through any of the available Service(s).

Australian Consumer Law means schedule 2 of the Competition and Consumer Act 2010 (Cth).

Service(s) means any and all media formats in which 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, Instagram or Google reserve).

Content means any Information published or made available via an available Service(s), whether generated by Flossie, a Partner, you, or any other person.

Customer means any person booking an Appointment from time to time who has signed-up with an account.

Flossie means Flossie.com Limited and Powered by Flossie Ltd and all its related bodies corporate and affiliates.

Information means any and all information relating to you and your use of our Services.

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, know-how, trade or business or company name, or right of registration of those rights.

Partner(s) means any salon, spa or clinic that has agreed to have their business, services and employees profiled our Services and are accepting bookings.

Privacy Act (Australian Customers) 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.

Promotion and Offer means preferential or sale pricing, discounts, 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 our Services.

Review refers to customers leaving a rating and writing about their experience post-appointment. These are not incentivised and are an important component in providing a good customer experience. Flossie Customer Service team follows up on all reviews with 3 or less stars to help work with the customer and Partner in resolving any issues they had during their Appointment.

Terms & Conditions means these terms and conditions, including as amended from time to time.

Tried & Tested all Partners featured in Flossie Services are Tried & Tested meaning Flossie will send up to two Customers to get a complimentary appointment (nominated by the Partner) and write a non-biased review of their experience.

Website means the website for booking hair or beauty Appointments (book.flossie.com)

Corporate Website means Flossie.com or poweredbyflossie.com or any other website operated by Us from time to time.