SWAV

SWAV Pty Ltd ABN 25 652 923 021

Customer Terms of service.

INTRODUCTION

The Company provides the “Swav” online booking platform for barber services. Use of Swav is subject to these Terms of Service.

definitions

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

(a)                ABN means Australian Business Number.

(b)                Account means a registered account with the Platform.

(c)                Barber means a registered user that holds an Account to make a Listing and receive Bookings through the Platform.

(d)                Barber Fee means the fee charged by the Barber to the Customer to provide the Barber Services for a Booking, as determined by the Barber from time-to-time.

(e)                Barber Services means the services offered by a Barber and advertised in a Listing.

(f)                 Booking means a booking for services offered by a Barber made via the Platform.

(g)                Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.

(h)                Company means Swav Pty Ltd ABN 25 652 923 021.

(i)                 Corporations Act means the Corporations Act 2001 (Cth).

(j)                 Customer means a registered user that holds an Account to make Bookings and receive Loyalty Rewards.

(k)                Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.

(l)                 Listing means a Barber’s profile or listing page, offering Bookings within the Platform.

(m)              Loyalty Rewards means the rewards accrued to a Customer’s Account from completed Bookings, as notified within the Platform from time-to-time.

(n)                Mobile Application Marketplace means an online marketplace for access to the Platform and other applications for mobile devices, such as the App Store.

(o)                Personal Information has the same meaning as in the Privacy Act.

(p)                Platform means the “Swav” online barber booking platform owned and operated by the Company, and accessible from a Mobile Application Marketplace.

(q)                Privacy Act means the Privacy Act 1988 (Cth).

(r)                 Privacy Policy means the Company’s privacy policy as updated from time-to-time, published on the Site.

(s)                Site means swav.app and any other URL where the Company makes the Platform available from time-to-time.

(t)                 Terms of Service means the terms and conditions of using the Platform, as updated from time-to-time. 

(u)                User means any user of the Platform, including Customers and Barbers.

1               USING Platform

1.1           General

(a)            The Customer agrees that all use of the Platform is subject to these Terms of Service.

(b)            The Company may suspend the Account or restrict the access of any Customer that breaches the terms of these Terms of Service.

(c)            The Platform is a digital platform connecting the Customer with Barbers for Barber Services and the Company is in no way responsible for the conduct or interactions of Users.

1.2           Account

(a)            To use the Platform, the Customer must have set up their Account.

(b)            The Customer must provide their name and email address as part of the Account sign up process.

(c)            The Customer must provide accurate and complete information when setting up an Account and, if necessary, update their Account to ensure that such information is maintained as current for the duration of these Terms of Service.

(d)            The contract for the Barber Services is directly between the Customer and the relevant Barber. The Company is not liable for the Barber Services provided to the Customer.

1.3           Fees

(a)            No Fees shall apply to the Customer with respect to their use of the Platform.

(b)            For clarity, it shall be free for the Customer to download the Platform, set up an Account and make Bookings. The Barber Fee must be paid by the Customer directly to the Barber at the time of the Booking once the Barber Services are provided.

1.4           Features

The Company shall provide the Customer with access to and use of the features as agreed between the parties and provided within the Platform from time-to-time.

1.5           Barbers and Listings

(a)            The Customer may search, filter and view Listings.

(b)            The Company simply provides the platform for Barbers to create Listings and the Barber shall have complete control over their Listing they advertise on the Platform including the description of Barber Services and setting of Barber Fees.

(c)            The Company makes no representation as to the accuracy of any information contained in a Listing.

(d)            If the Customer has any issues with the Barber Services delivered from a Booking, the Customer must raise the issue directly with the relevant Barber.

(e)            The Company makes no warranty as to the character or credentials of any Barber.

(f)             The Company accepts no responsibility for any interaction between the Customer and Barbers, especially relating to the Barber Services and any damage the Customer may suffer in connection with the Barber Services.

1.6           Bookings & Cancellations

(a)            Subject to the Barber’s availability, the Customer may make a Booking via the Platform.

(b)            No payment is required for the Customer to confirm a Booking.

(c)            The Customer is responsible for attending the Booking at the agreed location and time.

(d)            The Barber is responsible for ensuring that all Booking times, are advertised on a Listing are up-to date and accurate.

(e)            It is the responsibility of the Customer to cancel a Booking if they are not able to attend a Booking, whether via the Platform or contacting the Barber directly.

(f)             Where applicable, the Customer should ensure to comply with the Barber’s cancellation policy with respect to Bookings as notified to the Customer at the time of making the Booking. For clarity, the relevant Barber shall independently determine the cancellation window and any cancellation fees that apply to Bookings.

(g)            The Customer’s Booking is subject to change by the relevant Barber and the Customer will be notified via the Platform in such case.

(h)            Bookings are managed directly between the Customer and the relevant Barber, and the Company is not involved in the making, managing and/or cancelling of Bookings.

(i)              The Company accepts no responsibility for any loss incurred by the Customer relating to Bookings, including where a result of missed or cancelled Bookings.

1.7           Loyalty Rewards

(a)            The Customer will earn Loyalty Rewards from completed Bookings.

(b)            The terms of the Loyalty Rewards are as notified to the Customer within the Platform and are subject to change.

(c)            Loyalty Rewards are agreed with each Barber individually and the terms of the Loyalty Rewards may differ between Barbers as a result.

(d)            Where the Customer makes a Booking with a new Barber, then any Loyalty Rewards the Customer may have earned with their existing Barber will be lost. Loyalty Rewards are not usable between different Barbers.

(e)            The Loyalty Rewards can only be used for Barber Services and are not transferable or redeemable as cash.

(f)             Loyalty Rewards may be subject to certain conditions and expiration dates as notified to the Customer from time-to-time and the Customer agrees that their use of Loyalty Rewards must be compliant with such terms.

(g)            Where the Customer does not use Loyalty Rewards in accordance with paragraph (f) above or otherwise breaches these Terms of Service, the Company may suspend, cancel or forfeit the Customer’s Loyalty Rewards in its complete discretion. Such decision shall be final and without review.

2               General conditions

2.1           Licence

(a)            By accepting the terms and conditions of these Terms of Service, the User is granted a limited, non-exclusive and revocable licence to access and use the Platform for the duration of these Terms of Service, in accordance with the terms and conditions of these Terms of Service.

(b)            The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in these Terms of Service by the User.

2.2           Modification of Terms

(a)            The terms of these Terms of Service may be updated by the Company from time-to-time.

(b)            Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using the Platform.

2.3           Software-as-a-Service

(a)            The User agrees and accepts that the Platform is:

i                 Hosted on servers managed by the Company, or by third-party service providers and systems approved by the Company, and shall only be accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and

ii                Managed and supported by the Company and other third-party service providers engaged by the Company from time-to-time from the servers, and that no ‘back-end’ access to the Platform is available to the User unless expressly agreed in writing.

(b)            As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Platform.

2.4           Third Party Dependencies

The User agrees and acknowledges that the Platform has third party dependencies which may affect its availability, including (without limitation) internet service providers and hosting services, and that the Company has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such.

2.5           Use & Availability

(a)            The User agrees that it shall only use the Platform for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.

(b)            The User is solely responsible for the security of its username and password for access to the Platform. The User shall notify the Company as soon as it becomes aware of any unauthorised access of their Account.

(c)            The User agrees that the Company shall provide access to the Platform to the best of its abilities, however:

i                 Access to the Platform may be prevented by issues outside of its control; and

ii                It accepts no responsibility for ongoing access to the Platform.

2.6           Support

(a)            The Company provides User support for the Platform via the email address [email protected].

(b)            The Company shall endeavour to respond to all support requests within 3 Business Days.

2.7           Privacy

(a)            The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about Users.

(b)            The Privacy Policy does not apply to how the User handles personal information.  If necessary under the Privacy Act, it is the User’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.

(c)            The Company may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.

2.8           Intellectual Property

(a)            Trade marks.  The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.

(b)            Proprietary Information.  The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally.  The User warrants that it shall not infringe on any third-party rights through the use of the Platform.

(c)            Content.  All content submitted to the Company, whether via the Platform or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Platform.

2.9           Liability & Indemnity

(a)            The User agrees that it uses the Platform at its own risk.

(b)            The Company makes no representation or guarantee that the Customer will be satisfied with Barber Services received from Bookings.

(c)            The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with the Platform, including any breach by the User of these Terms of Service.

(d)            In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, injury, illness, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the Platform, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, injury, illness or business interruption of any type, whether in tort, contract or otherwise.

(e)            Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified.  Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law.  To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:

i                 The re-supply of services or payment of the cost of re-supply of services; or

ii                The replacement or repair of goods or payment of the cost of replacement or repair.

2.10         Termination

(a)            Either party may terminate these Terms of Service at any time by giving the other party written notice (or simply cancelling their Account).

(b)            Termination is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of these Terms of Service up to the date of expiry or termination.

2.11         Electronic Communication & Notices

(a)            The parties agree to be bound by these Terms of Service where the terms of these Terms of Service are accepted by the User electronically.

(b)            The User can direct notices, enquiries, complaints and so forth to the Company as set out in these Terms of Service.  The Company will notify the User of a change of details from time-to-time.

(c)            The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.

(d)            A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.

(e)            Notices must be sent to the parties’ most recent known contact details.

2.12         General

(a)            Special Conditions. The parties may agree to any Special Conditions to these Terms of Service in writing.

(b)            Assignment.

i                 The User may not assign or otherwise create an interest in these Terms of Service.

ii                The Company may assign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the User.

(c)            Prevalence. To the extent these Terms of Service is in conflict with, or inconsistent with any Special Conditions made under these Terms of Service, the terms of those Special Conditions shall prevail.

(d)            Disclaimer.  Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service.

(e)            Relationship.  The relationship of the parties to these Terms of Service does not form a joint venture or partnership.

(f)             Waiver.  No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

(g)            Further Assurances.  Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Service and the transaction facilitated by it.

(h)            Governing Law.  These Terms of Service are governed by the laws of Victoria, Australia.  Each of the parties hereby submits to the exclusive jurisdiction of courts with jurisdiction there.

(i)              Severability.  Any clause of these Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service.

END TERMS OF SERVICE