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Terms and Conditions for Fit Me
In.com.au Online Booking System- Salons
Updated
January 2010
Please read the following terms and conditions carefully and
print off a copy for your files:
1. This agreement commences on the date that you agree to
these terms & conditions and continues until the termination
date as defined in this agreement.
2. You must maintain accurate and up to date information about
your salon/s submitted and accepted by us (at our absolute
discretion) on Fitmein.com.au including details about:
o Standard rates and prices for your goods and/or services
(including GST and all applicable commissions)
o Booking conditions
o Cancellation policy
o Salon facilities
o Anything that affects or will affect your salon in any material
way that could be an inconvenience to customers or cause customers
to be misled, such as (without limitation) closure of any
complex facilities, car parks or other client facilities,
refurbishment or renovations on or near your property, extreme
weather conditions or other events of Force Majeure known
to you.
Such information must be maintained in your salon profile
on the salon admin site.
3. You must ensure that your information technology systems
are at all times compatible with the fitmein.com.au on-line
booking system and capable of taking bookings online through
the Fit Me In system.
4. You must honour all bookings made at your salon through
Fit Me In.com.au in accordance with the representations you
make to the customer and upon presentation of either a printed
voucher, an SMS (for non-computerised salons) or notice via
the Fit Me In software advising of confirmation of booking.
5. You acknowledge and agree that:
o It is your sole responsibility to ensure that you regularly
update appointment data so that availability of appointments
displayed on the Fit Me In website is accurate and up to date;
o appointments offered by You cannot be retracted once an
online booking has been accepted through Fit Me In.com.au.
o Fit Me In is not responsible for any double bookings that
may occur as a result of a failure by you to update appointment
data, and in the event of a double booking you must honour
the Fit Me In booking first.
6.
All monies paid by customers through the Fit Me In.com.au
system will be held by us in escrow until the services to
which the money relates have been availed. Subject to clause
11, we will remit such money to you via electronic funds transfer
to your nominated bank account, less all applicable commissions
and GST, by the Friday of the week following the week in which
the services have been provided by you. We will generate online
a weekly tax invoice which will show our commission earnings
(and the relevant GST component). This document will also
contain booking information for the week of your records.
You have no entitlement to such money until the services to
which the money relates have been availed.
7. We are entitled to a minimum commission of 10% of the “sale
value” of any goods and/or services booked at your salon
through Fit Me In.com.au. The actual commission rate charged
is dependent on the service level chosen by you when signing
up to use Fit Me In.com.au. The “sale value” of
goods and/services is taken to be the GST inclusive price
paid by the customer (inclusive of any discount that may apply).8.
You must ensure that the sale price of any goods and/or services
offered by you on Fit Me In.com.au is the same as or less
than your standard rates and prices at your salon.
9. You acknowledge and agree that a discount of 10% will be
automatically applied to the standard rates and prices of
goods and/or services advertised on Fit Me In.com.au, if the
relevant appointment has not been booked (or alternatively
removed by You) within 48 hours of the date and time of the
availability of those goods and/or services. It is the responsibility
of the salon to remove any advertised appointments prior to
this time should they not desire the discount applied.
10. If you are unable to provide your service after a booking
has been confirmed you must provide an alternative service
of similar or better standard, which is acceptable to the
customer. In these circumstances we are still entitled to
all amounts payable by you under this agreement as if the
booking had been honoured and completed.
11. You warrant that you have and will maintain all necessary
licenses and approvals from the relevant authorities relating
to your salon, and will continue to conduct your business
in a lawful manner for the duration of this agreement.
12. You must maintain public liability insurance of at least
$5,000,000.
13. You authorise us to apply monies received from customers
in respect of services availed or money owed by us to you
(whether as commission or otherwise), in payment of any amount
owed by you to us, for any reason, if required.
14. You must not use the Fit Me In.com.au logo or name or
any other intellectual property owned by us without our express
written consent.
15. You indemnify us, our agents, employees and contractors
against any claim, demand, liability, loss (including loss
of profits and consequential losses), proceedings, fines or
costs of any kind arising from but not limited to: o Your
breach of this agreement or any express or implied warranty;
o Any error or misdescription in information provided to us
by you or through the Fit Me In.com.au website;
o The availability or quality of the goods and/or services
offered by you;
o Any information you provide to us or through the Fit Me
In.com.au website breaching the intellectual property rights
of any third party;
o Loss of, damage to or theft of property.
o Loss of life, injury, or loss of enjoyment, in connection
with the goods and/or services offered by you;
o Any external administration you may be subject to. 16. You
must advise us within 7 days if you sell your business or
if your ownership changes. Prior to finalising the sale you
must pay any money owing to us. A new agreement will need
to be entered into once the sale or change of ownership is
complete.
17. We may sell under the terms of this agreement any of your
goods and/o services advertised on Fit Me In.com.au to any
third party.
18. The parties will keep the terms of this agreement confidential.
19. You will advise us immediately if you become subject to
external administration of any kind, including the appointment
of a trustee in bankruptcy, receiver or liquidator.
20. We may at any time suspend from sale services relating
to any or all of your salons in our absolute discretion.
21. Either party may terminate this agreement without cause
by giving the other party one months notice of termination.
Any bookings made through the Fit Me In.com.au System and
any monies paid or payable prior to termination will be dealt
with in accordance with the conditions of this agreement notwithstanding
termination.
22. We may terminate this agreement immediately by giving
you written notice if: o You become insolvent or subject to
external administration, enter into liquidation or enter into
a scheme of arrangement with your creditors;
o You breach the terms of this agreement;
o We do not consider your performance under this agreement
or the level of sales or quality of service to be satisfactory.
o We become aware of a change of ownership which has not been
disclosed to us.23. This agreement does not create any legal
relationship of partnership or joint venture. We act as your
agent only in dealing with customers and potential customers.
24. You release and waive all rights to commence proceedings
or take any other action against us arising out of any claims,
actions, demands, proceedings and liability which you may
have or claim to have or but for this release and waiver and
might have had against us for any failure to perform our obligations
under this agreement due to any cause reasonably beyond our
control including the unavailability of the Fit Me In.com.au
System.
25. This agreement is governed by the laws of Queensland and
the parties submit to the jurisdiction of the Queensland courts.
26. If you are a management entity or agent of the operator
of the salons the subject of this agreement, you represent
and warrant that you have full authority to enter into this
agreement on behalf of the salon owner.
27. You must ensure that, in relation to each booking, you
will sight photo ID to confirm the identity of the client
acknowledging that the client may be contacted and obligated
to pay full monies owing for the service if for any reason
whatsoever the payment is denied or charged back– including
because of fraud.
28. Subject to an express agreement to the contrary, this
agreement supersedes and takes precedence over any other agreement
made online or electronically with you in relation to Fit
Me In - even if that agreement is made subsequent to this
agreement.
29. In this Agreement unless the context otherwise requires:
o words importing the singular number shall include the plural
number and vice versa;
o words importing one gender shall include every gender;
o every agreement or undertaking expressed or implied by which
more persons than one agree or undertake any obligation and/or
derive any benefit in terms of this Agreement shall bind and/or
endure for the benefit of such persons jointly and each of
them severally;
o any reference to any of the parties by their defined terms
includes that party's executors, administrators and permitted
assigns, or being a company, its successors and permitted
assigns;
o reference to a person includes a corporation and vice versa;
30. For the purposes of this agreement:
You means the individual company or other
entity entering into this agreement with Us.
We / Us means Fit Me In.com.au ABN 91138912302
Fit Me In means the Fit Me In.com.au online
booking system whether operating under the Fit Me In.com.au
brand, or otherwise.
Termination Date means the date that this
agreement is validly terminated in accordance with clauses
20 or 21 above.
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