Terms and conditions

This Privacy Policy (Policy) outlines how your information is collected, used and disclosed when you access or use Styler Zone’s Services as defined in our Terms and Conditions (Terms). This information is collected, used and disclosed in accordance with the Privacy Act 1988 (Commonwealth) (Privacy Act).

By agreeing to these Terms, you are entering into a legally binding agreement with Styler Zone Investments Pty Ltd (ACN 624 730 543) (trading as Styler Zone), including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Styler Zone, we or us), and you agree to comply with any and all applicable laws and regulations, whether domestic or international.

You warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.

All Styler Zone terms and policies, including our Privacy Policy are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services.

General Terms

The following General Terms apply to all users and visitors of the Services.

Use of the Services

You agree that, to the maximum extent permitted by law, Styler Zone holds no liability for the conduct of its users. You acknowledge that your access and use of the Services is at your own risk. You agree that you are responsible for all activity that occurs in connection with your IP address, account, username and password.

You represent and warrant to us that your use of the Services will comply with all applicable laws and regulations in the governing jurisdiction of these Terms and in your State/Country and overseas wherever you access the Services and otherwise where applicable and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does or may violate the rights of others.

You agree that you will not:

User Content

By uploading, publishing, transmitting or making available any data, content or other material to Styler Zone (User Content), you agree to grant Styler Zone, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution.

By uploading, publishing, transmitting or making available any User Content to Styler Zone, you warrant and represent to Styler Zone that:

Rights and liability of Styler Zone in relation to User Content

Styler Zone retains the right, at any time without reason or notice, to pre-screen, review, control, monitor, reject, delete or edit User Content, however Styler Zone is not obliged to do so.

You agree that Styler Zone may require you to remove, amend or delete User Content and that you must comply with such requirement within 1 days’ written notice to you.

You acknowledge and agree that Styler Zone does not control, take responsibility for, or assume any liability for, any content submitted by you, or other users of the Services or any third parties, and that Styler Zone is not liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You agree to release Styler Zone and its agents and officers and employees from any such claims or liability and acknowledge that the User Content submitted by you or other users, as well as any other information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.

Intellectual Property

Styler Zone owns, controls or licences all materials contained on, or in, our Services, including text, images, graphics, logos, designs, illustrations, audio, videos, music, user interfaces, photographs, trade marks, logos, coding or programming and artwork, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of such content contained in our Services (Styler Zone IP).

Styler Zone IP is protected by copyright, trade mark laws, and various other intellectual property rights and unfair competition laws and must not be copied, imitated or used (in whole or in part) without the prior written consent of Styler Zone.

Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable licence, subject to these Terms. You agree that you will not:

Hyperlinks & Third Party Content

Our Services may, from time to time, contain links to and from websites which are owned or operated by third parties. You acknowledge and agree that Styler Zone does not control, and is not responsible for the content, quality, nature, or reliability of any material that is posted, contained in or provided by any other user, third party, advertiser or website or hyperlink (including links to other applications) that is contained in the Services. Styler Zone is not to be taken to, in any way, represent or support the content, beliefs or views of any third party and such associations do not imply any sponsorship, affiliation or endorsement by Styler Zone of any such material except where otherwise stated by Styler Zone in writing.

Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. You acknowledge that our terms and policies do not govern the websites or applications of third parties and that third party websites or applications may be governed by their own terms and conditions. You understand and agree that you access any such third party websites and applications at your own risk and that Styler Zone is not liable for any information on, or the privacy practices of, any third party websites.

Third Party Service Providers

The Styler Zone Services includes: providing a directory of third party Service Providers (as defined in paragraph 4.1); providing other methods to interact with and contact Service Providers; and providing advertising space for such Service Providers. To the maximum extent permitted by law, you acknowledge and agree that Styler Zone is not liable for any content, discussions, advertisements, services, offers or vouchers provided by Service Providers and you agree to release Styler Zone from all liability relating to the acts, omissions or negligence of Service Providers.

Styler Zone may, from time to time, display vouchers or advertisements offering goods or services from third party providers, some vouchers or advertisements may appear as featured or recommended in the Services. You are required to check the terms and conditions of those third party providers before purchasing goods and services from them. You are required to make your own enquiries as to the suitability of any of the third party goods and services prior to making any purchase from a third party provider and Styler Zone accepts no liability and make no representations as to the suitability or quality of the goods and services offered by any third party featured on Styler Zone.

Termination or suspension of your access or use of the Services

Except where you purchase Paid Services as set out in paragraph 3.3, you agree that Styler Zone may, in its sole discretion, immediately and without notice to you, terminate, limit your access to or suspend your access or use of the Services, including but not limited to by blocking your IP address or email and blocking, deactivating or deleting your Styler Zone account or terminate your licence to use Styler Zone IP.

Permissions

You agree to allow Styler Zone to send you emails regarding the Services, in accordance with our Privacy Policy.

Disclaimer of warranty

Styler Zone provides the Services on an “as is” and “as available” basis. While we aim to update our website regularly, neither Styler Zone, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the website or as to the availability of the Services. You agree that Styler Zone is not responsible for the communications or content of other users of the Services, including Service Providers in the Services, and you acknowledge that Styler Zone cannot guarantee the accuracy, safety or legality of such communications or content.

Styler Zone does not make any warranty or representation (whether express or implied) as to the continuous availability of or secure access to the Services.

Styler Zone reserves the right to restrict access to parts of our website or the entire website, change or withdraw any products, services, information or content featured on this website or provided through our Services without notice.

To the maximum extent permitted by law, neither Styler Zone, nor any of its employees or agents will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the website, including any content uploaded onto Styler Zone by its visitors, members, Service Providers or any third party.

To the maximum extent permitted by law, Styler Zone expressly disclaims all representations and warranties of any kind, including those specified by any of the Service Providers or advertisers in the Services, unless expressly stated in these Terms or unless implied under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law). This clause survives termination of these Terms.

Limitation of liability

You understand that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.

To the maximum extent permitted by law, Styler Zone excludes all liability and you agree to release Styler Zone and that Styler Zone will not be liable for any loss, damage (including special, indirect or consequential loss or damage such as loss of revenue, loss of goodwill) or injury (including death or illness), whether in contract, tort or otherwise, howsoever caused, arising from or in connection with the Services including, but not limited to:

You agree to indemnify Styler Zone from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms. You agree to co-operate with Styler Zone (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise in connection with your use of the Services.

If Styler Zone is liable under these Terms for any matter which by law is not able to be released, then to the maximum extent permitted by law, the maximum aggregate liability of Styler Zone under these Terms, for any reason whatsoever, whether arising in tort or contract or any other cause of action, is hereby limited to the lesser of (a) the fees (if any) actually paid to Styler Zone by the complainant party; and (b) AUD$1,000.00.

The obligations under this paragraph 2.10 will survive termination of the Terms.

Release and indemnity

You agree to release and indemnify and hold Styler Zone and its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your use or access of the Services of Styler Zone or a Service Provider, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party, including other Styler Zone users or members. This clause survives termination of these Terms.

Amendments

Styler Zone reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published.

Whilst we will endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on our website, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.

General

Assignment: If you assign, transfer or deal with the whole or any part of your rights or obligations under these Terms, you agree that you will ensure that any assignee will accept an assignment of these Terms from the date of the assignment and will continue to be bound to comply with these Terms as though it were you under these Terms. A change in control (as defined in the Corporations Act 2001 (Cth)) constitutes a deemed assignment.

Waiver: Any failure or delay by Styler Zone in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Styler Zone from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.

Force majeure: If either party is unable to perform in whole or in part, any obligation under these Terms or the Services as a result of any fact, circumstance or matter beyond our reasonable control, that party is relieved of that obligation to the extent and for the period that they are unable to perform the obligation except for any obligation to pay fees. You agree that Styler Zone will not be held liable for any delay or failure in performance of any part of the Services.

Severability: If either party is unable to perform in whole or in part, any obligation under these Terms or the Services as a result of any fact, circumstance or matter beyond our reasonable control, that party is relieved of that obligation to the extent and for the period that they are unable to perform the obligation except for any obligation to pay fees. You agree that Styler Zone will not be held liable for any delay or failure in performance of any part of the Services.

Relationship: These terms do not confer any relationship of agency, partnership, joint venture, employee-employer or franchisor-franchisee between Styler Zone and you or any other party unless expressly stated otherwise.

Entire agreement: These Terms, our Privacy Policy (incorporated by these Terms) and any additional policies or terms you have agreed to through your access and use of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.

Governing law and jurisdiction: : These Terms are governed by the laws of Victoria, Australia. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts.

Members Terms

To access and use some of the Services, you may be required to become a Styler Zone Member by registering for a Styler Zone Account by filling out your details here. In addition to the General Terms, these Member Terms apply to your access and use of the Services.

Your account

You agree that you are solely responsible for maintaining the confidentiality of your account details, including your password. When you register as a Styler Zone Member, a public profile will automatically be created for you and when you post or publish User Content, such User Content will be publicly linked to your account and profile.

You agree that User Content you provide to Styler Zone to be made publicly accessible to third parties, including other users or visitors of the Services. You agree that Styler Zone is not liable to you for the use or access of User Content by third parties. You can control and update your privacy settings here.

Membership types

Styler Zone has two membership types:

Validation of identity and business

If you register as a Service Provider, Styler Zone retains the right to screen and verify your business and identity in our sole discretion. You agree to submit to such screening and to provide to Styler Zone at your cost, immediately upon request, complete, accurate and current information confirming your identity and eligibility to use the Services, including company records, copies of photo identification (such as drivers licence and passport) or other identifying documentation.

You understand that Styler Zone may, in its absolute discretion, investigate, take legal action, terminate or cancel your access to the Services, your account, subscription or membership at any time, including if it is found that you have, or are suspected of, violating these Terms.

Paid Services

Upon purchase of any of the Styler Zone Services, such as a paid membership subscription (Paid Services), you authorise Styler Zone and our relevant payment processors to obtain payment from you for the Services as and when our fees become due (including, without limitation, ongoing subscription fees plus relevant taxes and duties) and to store your payment information and any other information related to your payment or provision of the Services as outlined in our Privacy Policy. You also agree to reimburse us for all collection costs and interest for any overdue amounts.

Styler Zone provides remedies (such as cancellation of your Paid Service, a renewal of your Paid Service or where necessary, a refund of amounts paid) if the Services are not provided in accordance with the Australian Consumer Law.

Styler Zone reserves the right, in its sole discretion, to offer free trials and other promotions of its Services. You agree that all prices for Paid Services are subject to change in our sole discretion provided that if you have signed up to a Paid Service, we will notify you of any increase to the subsequent term no later than 10 days before the end of the then current term.

If we do not notify you 10 days before the end of your then current term of any price increase, to the maximum extent permitted by law, your sole remedy will be to continue your current Paid Service at the price prior to the price increase for a period of 10 days following which you may terminate the Paid Service with immediate effect (provide notice is received within the 10 days notice of the price increase) or continue the Paid Service at the increased price.

Payment Method

From time to time, Styler Zone may offer various payment methods, including without limitation, payment by credit card, by debit card, by mobile payment providers or by payment gateway websites such as Stripe. When you select to pay Styler Zone for a Paid Service, you authorise Styler Zone to charge you through any payment method(s) you select when making your initial purchase and you agree to continue to make payments using that payment method for the term of your Paid Service.

You understand that from time to time, we may receive and use updated payment method information provided by you or related financial institutions or payment processors, such as updated expiration dates or account numbers.

Please note that certain payment methods may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we do not receive payment from you or your payment provider, you agree to directly pay to us all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorised to charge your Payment Method.

If any payment due to us is not paid by the due date, we reserve the right to suspend or cancel your use of the Service without notice, including the right to delete your account and any content affiliated with the Service and charge interest of 10% on unpaid amounts.

Automatic Renewal of Subscriptions

If you have purchased a Paid Service and you do not cancel your Paid Service in accordance with paragraph 3.7, prior to the end of the Paid Service term, your Paid Service will be automatically renewed at the end of each term for a further term of the same duration as the expiring Paid Service term for our then-current subscription fee.

You acknowledge and agree that your payment method will be automatically charged for such Paid Service fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your Paid Service is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorisation from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees and you do not subsequently cancel your subscription.

Cancellation of Paid Services

If you cancel your Paid Service, your Paid Service benefits will continue until the end of your then current subscription term, but your Paid Service will not be renewed after that term expires. Except in accordance with Australian Consumer Law or if we cancel your subscription without cause, you will not be entitled to a prorated refund of any portion of the Paid Service fees paid for the then current subscription term.

Current Information Required

You agree to ensure that any billing information provided to us is current, complete and accurate and that you will keep all such information updated (including any changes in billing address, credit card number or credit card expiration date).

Where your Payment Method is cancelled (for example, due to loss or theft) or if you are aware of a potential breach of security related to your Payment Method, you agree to notify Styler Zone as soon as you become aware of the issue. Failure to provide such information to Styler Zone may result in charges to your current Payment Method for the Paid Services, and you acknowledge that you remain responsible for these charges.

Errors and Incorrect Payments

Styler Zone reserves the right to correct any errors or mistakes that may result in incorrect payment for Paid Services and may, in its absolute discretion, return or refund all or some of the amount of the payment even after a request or receipt of payment is made or may require additional payment in the event that an underpayment has been made.

Termination or suspension of your access or use of the Services

You agree that Styler Zone may, in its sole discretion, immediately and without notice to you, terminate, limit your access to, or suspend your access or use of, the Services, including but not limited to by blocking your IP address or email and blocking, deactivating or deleting your Styler Zone account or terminating your licence to use Styler Zone IP if you breach or become in breach of any of these Terms and Styler Zone shall be released from its obligations to you under these Terms and shall not be liable to refund to you any pre-paid Paid Service fees or for any loss caused to you by such action. If your Services have been terminated due to your breach, you agree that you will not create another Styler Zone account without the prior written consent of Styler Zone.

You agree that Styler Zone may, in its sole discretion, immediately and with 5 days’ notice to you, terminate, limit your access to or suspend your access or use of the Services for any reason. Styler Zone may, at its election:

Service Terms

Definitions

In these Terms, capitalised terms have the meaning set out in this paragraph:

General

The following terms apply to all Service Providers and Customers in connection with the Services.

Styler Zone may, in its sole discretion and without prior notice, make changes or amendments to the Services from time to time (including any features of the Services such as the booking system, career listings and classifieds, etc.).

Service Providers

If you are a Service Provider, you:

Customers

If you are a Customer, you agree that, to the maximum extent permitted by law:

Booking a Service Provider

The Services includes features that allow a Customer to schedule appointments or bookings with Service Providers (Bookings).

If you are a Service Provider that has elected to utilise the Services to allow Customers to make Bookings for your Business Services, you agree:

If you are a Customer, you agree that the Service Provider is solely liable and responsible for the information provided by the Service Provider, Bookings and the provision of its Business Services and that any issues relating to the Bookings or the Business Services are to be directed to the Service Provider and that to the maximum extent permitted by law, Styler Zone is not in any way liable to you for loss of data, unavailability of the Booking system or lost Bookings.

Vouchers, deals and promotions

The Services include a feature that allows Service Providers to design and provide vouchers, deals, offers and special promotions to Styler Zone Members for redemption on that Service Provider’s Business Services (Vouchers).

The Vouchers are subject to the terms and conditions specified for that particular Voucher.

If you are a Service Provider, you agree:

Vouchers purchased with Styler Zone Points

The Services include a feature that allows Styler Zone Members to collect and spend Styler Zone Points for utilising the Services. Points can be earned in accordance with our Styler Zone Points Schedule. For example, they can be earned by a Styler Zone Member when the Styler Zone Member books an appointment with a Service Provider through our Services.

If you are a Service Provider, you agree to allow Styler Zone Members to spend their Styler Zone Points on Vouchers for the Business Services, on terms approved by Styler Zone and accept redemption of such Vouchers on the same terms as paragraph 4.4.

If you are a Customer, you agree that the Service Provider is solely liable and responsible for the Vouchers, the redemption of Vouchers and the provision of its Business Services, and that any issues relating to the redemption of the Vouchers or the Business Services are to be directed to the Service Provider.

Styler Zone Points cannot be redeemed for cash and are not legal tender. You agree that you are not permitted to sell your Styler Zone Points and that Styler Zone Points may be subject to an expiry date, after which they may no longer be redeemed.

You agree that Styler Zone is not liable for refunding Styler Zone Points to you where you have redeemed them on a particular Service Provider or Business Service, where you are not satisfied with that Service Provider or Business Service.

Career, volunteer, business, job and education listings

The Services include a feature that allows Service Providers, including educational institutions to advertise career, volunteer, business, job and educational opportunities (Opportunities).

If you are a Service Provider:

If you are a Customer:

Buying, selling or renting goods or a business/company

The Services include a feature that allows Styler Zone Members to advertise goods and equipment, as well as businesses and companies for sale or rent (Sale Listing).

If you are a seller or lessor:

If you are a purchaser or lessee, you agree and acknowledge that Styler Zone is, to the maximum extent permitted by law, not liable in any way for Sale Listings, including the accuracy, completeness of such Sale Listing.

You agree that Styler Zone is not a party in any way to the sale and purchase or lease of any goods, equipment, business or company and that Styler Zone is not acting as an agent for any party. Any such arrangement or agreement is solely between the seller/lessor and the purchaser/lessee.

Classifieds and advertisements

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Styler Zone makes no representations or warranties about the accuracy or completeness of any of the Advertisements posted on Services nor does Styler Zone make any representation or warranty regarding the quality of any goods or services contained in an Advertisement. You agree that to the maximum extent permitted by law, Styler Zone is not liable in any way for any loss or damage caused in connection with or arising out of the content of any Advertisement and that any liability for such loss or damage rests with the relevant Service Provider.

You may lodge a complaint with Styler Zone regarding an Advertisement, providing reasons for the complaint and Styler Zone may, in its sole discretion, require a Service Provider to amend or remove an Advertisement or Styler Zone may delete the Advertisement without further notice.

Reviews and testimonials

The Services include a feature that allows members of the public to review and write testimonials about Service Providers (Reviews) and as such, the views presented in a Review do not reflect the views or opinions of Styler Zone and Styler Zone makes no representation or warranty in connection to the accuracy or legitimacy of any Review.

You agree that you will not post a Review:

Styler Zone makes no representations or warranties about the accuracy or genuineness of any Reviews posted in our Services and any disputes between a member of the public and a Service Provider are to be dealt with between those parties.

Service Providers cannot and are not permitted to delete Reviews, however a Service Provider or other party may lodge a complaint with Styler Zone regarding a review, providing reasons for the complaint and Styler Zone may, in its sole discretion, liaise with the reviewer and the Service Provider to attempt resolution of the dispute. In accordance with Australian Consumer Law, Styler Zone will not amend or delete genuine Reviews but it reserves the right to delete or amend where appropriate, Reviews for Service Providers that:

STYLERZONE

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