Terms Of Use

1.

About this Website

The fitmein.com.au website is owned and operated by Fit Me In.com.au ABN 91138912302. References in these terms and conditions to "Fit Me In", "us" or "we" are references to fitmein.com.au.

Your use of the services, information text, graphics and materials provided via or on the fitmein.com.au Website ('Material on this Website') is governed by these Terms of Use and our Privacy Policy. By using this website you agree to be bound by these Terms of Use.

In addition to the Terms of Use contained in this document, other terms or conditions may apply to your use of the fitmein.com.au Website, parts of the .fitmein.com.au Website, or to products and services offered or acquired via the fitmein.com.au Website. You will be bound by these additional terms or conditions, as applicable.

2.

Links to or from Other Websites

The fitmein.com.au Website may contain links to third party websites. fitmein.com.au does not sponsor or endorse the operators or content of any linked websites. Fitmein.com.au makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services so far as is permissible by law.

Access to the fitmein.com.au website may also be made as part of a link from another website, or a window or frame in that other website. Notwithstanding your method of access to the site or appearance of the site, your transaction occurs with, and payment is processed by, fitmein.com.au, subject to the terms and conditions outlined below.

3.

Privacy

Your privacy is very important to fitmein.com.au. Please read our Privacy Policy for details on how we collect and handle your personal information.

4.

Standard Supplier Terms and Conditions Apply

a.

All products and services acquired by you via the fitmein.com.au Website are subject to these Terms of Use and the terms and conditions of supply issued by the relevant product or service provider or supplier. All booking documentation, vouchers and reservations are issued or made subject to the terms and conditions of the relevant product or service provider or supplier.

b.

All applications for appointments or for other products or services made via the www.fitmein.com.au Website are subject to and must comply with fitmein.com.au's normal approval criteria as contained in this agreement, and any further conditions notified by fitmein.com.au to you from time to time or on the fitmein.com.au Website.

5.

fitmein.com.au Product Information and Acquisition of Products and Services

5.1.

The fitmein.com.au Website contains both information of a general nature about fitmein.com.au and fitmein.com.au's products and services, and also enables you to purchase and pay for salon appointments or other related products and services online (the "Products").

5.2.

Where the fitmein.com.au Website enables you to purchase the Products online:

a.

we may enter into a binding contract for the provision of the Products through a process in which fitmein.com.au makes an electronic offer via the www.fitmein.com.au Website and you electronically communicate your acceptance of that offer via the fitmein.com.au Website;

b.

fitmein.com.au may act on and process all completed electronic instructions, messages, requests or communications issued or transmitted to fitmein.com.au via the fitmein.com.au Website (each an 'Electronic Instruction') without further confirmation from or reference to you; and

c.

fitmein.com.au may treat an Electronic Instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Electronic Instruction, or to verify the accuracy and completeness of such Electronic Instruction.

5.3.

In order to acquire Products via the fitmein.com.au Website, you must be at least 18 years of age.

5.4.

In order to eliminate identity fraud, the salon/establishment will ask you to sign a declaration and/or to produce photo ID to ensure that your identity matches the booking.

5.5.

You must be the credit card holder for any Products which you attempt to acquire via the fitmein.com.au Website.

5.6.

Creating a binding contract with fitmein.com.au via the fitmein.com.au Website is a two step process:

a.

The first step is to create or compile a schedule containing the Products you wish to acquire. Upon completion or selection by you of all required Products, the fitmein.com.au Website will provide you with a quote and availability guide for the Products selected.

b.

If you wish to acquire the Products selected then, upon completion by you of all required details, you must accept the quote and a binding agreement will be created, with a corresponding fitmein.com.au booking number assigned.

5.7.

When entering into a contract via the fitmein.com.au Website, you will be taken to have communicated your acceptance to an offer from fitmein.com.au only when:

a.

the Electronic Instruction containing the acceptance from you enters and is recorded in the relevant fitmein.com.au database;

b.

a record is created and stored in the relevant fitmein.com.au database; and

c.

a fitmein.com.au booking number is generated by the fitmein.com.au computer system.

5.8.

The parties will not be bound by the terms of a contract created via the fitmein.com.au Website until the Electronic Instruction containing the acceptance from you of fitmein.com.au's offer has been received by fitmein.com.au in the manner specified above.

5.9.

You acknowledge that the transmission of your acceptance through an Electronic Instruction may not be received by fitmein.com.au in accordance with this clause for reasons beyond either parties' reasonable control including, but not limited to, mechanical, software, computer, telecommunications or electronic failure. You further acknowledge that, to the extent permitted by law, fitmein.com.au is not liable to you in any way for any loss or damage howsoever caused, arising directly or indirectly in connection with the transmission of an Electronic Instruction through the fitmein.com.au Website or any failure to receive an Electronic Instruction for whatever reason.

5.10.

Where a transaction is entered into between fitmein.com.au and you via the fitmein.com.au Website, a booking number will be issued to you by fitmein.com.au via the fitmein.com.au Website. However, a binding agreement between us is not conditional on the issuance or receipt by you of a booking number. The failure by you to receive a booking number via the fitmein.com.au Website does not invalidate or otherwise prejudice the existence of a contract or transaction entered into using the fitmein.com.au Website.

5.11.

fitmein.com.au may issue a paper confirmation of the Products acquired by you. The existence of a binding contract is not conditional on fitmein.com.au issuing, or you receiving, a paper confirmation of the transaction.

5.12.

You are responsible for ensuring that you receive a booking number and should contact fitmein.com.au if one is not received.

5.13.

fitmein.com.au receives commissions from salons.

6.

Features, Packages, Programs and Information

6.1.

The fitmein.com.au Website may contain or make available various tools, packages, software programs, appointment-finders, games or other features from time to time. The fitmein.com.au Website may also contain helpful hints, beauty tips, health advice, or other information or material.

6.2.

Whilst fitmein.com.au has made every effort to ensure that any such features or information as described in 6.1 above are accurate and free from defect, fitmein.com.au does not warrant the accuracy, adequacy, correctness or completeness of these features, which are provided on an "as is" basis. The use by you of any of these features or any information provided by fitmein.com.au is entirely at your own risk.

7.

Payments

7.1.

All payments for any Products acquired via the fitmein.com.au Website must be made in full by clear funds before the booking will be accepted, processed and acted on by fitmein.com.au.

7.2.

Unless otherwise stipulated, all payments referred to in 7.1 above are to be made by credit card issued in your name (Visa, MasterCard or BankCard). You must provide fitmein.com.au with all requested credit card details. fitmein.com.au may securely store your credit card number for security and verification purposes, or as part of your profile if you request fitmein.com.au to do so.

8.

Prices and Invoice Errors

a.

fitmein.com.au endeavours to ensure that all prices listed on the fitmein.com.au Website are accurate and up-to-date. However, due to exchange rate fluctuations or increases in supplier rates, fitmein.com.au reserves the right, up to and including the date of your appointment, to adjust any fees, charges or prices as necessary, even if the Products or services acquired have been paid for in full, to reflect such cost increases passed onto fitmein.com.au.

b.

fitmein.com.au reserves the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the Products acquired have been paid for in full.

9.

Cancellation Charges and Alterations

9.1.

Once a booking has been paid for in full, fitmein.com.au can no longer alter or cancel that booking. You must contact the salon where the booking has been made directly.

9.2.

Once a booking is paid for in full and confirmed, your booking is then subject to the terms and conditions of the salon for which your booking is made. If you wish to change or cancel your appointment, you must liaise directly with that salon.

10.

Refunds for Unused Services

fitmein.com.au will not issue you with a refund for any pre-paid bookings or other Products which are not used or utilised for any reason, including for reasons beyond your control such as illness, strikes or acts of God.

11.

Lost or Destroyed Documents

Unless agreed otherwise, any lost or destroyed vouchers, coupons or other documents can not be replaced or refunded, however the salon at which the booking as been made will still honour the booking if you produce suitable photo ID and sign the required form on receiving the treatment.

12

Variation to Products or Services

Due to reasons beyond fitmein.com.au's control, fitmein.com.au may be forced to amend or alter a salon booking, even if the Products affected have been confirmed by fitmein.com.au or paid in full. Fitmein.com.au will notify you as soon as possible after fitmein.com.au becomes aware of the need for an amendment or alteration to your booking and will propose alternate products, services or arrangements which are of the same standard as those originally booked. You must, as soon as possible after such notification by fitmein.com.au, elect to either:

a.

accept fitmein.com.au's proposed alternate services; or

b.

reject fitmenin.com.au’s proposed alternate services and receive a refund of all monies paid to fitmein.com.au for the affected Products, except for any amount which is withheld by a product or service provider other than fitmein.com.au.

Failure to notify fitmein.com.au of your election within a reasonable time frame will be taken as an acceptance of fitmein.com.au's proposed alternate booking.

13.

Warranties

Whilst every effort has been made to ensure that information is free from error, fitmein.com.au does not warrant the accuracy, adequacy or completeness of the Material contained on this Website. All information is subject to change without notice. Fitmein.com.au does not guarantee that the fitmein.com.au Website or any third party websites will be free from viruses, or that access to the fitmein.com.au.

Website will be uninterrupted. All warranties in this regard express or implied are excluded to the extent to which they may be excluded under the law.

14

Limitation of Liability

14.1.

Subject to any liabilities implied by law and which cannot be excluded, fitmein.com.au, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defense or settlement costs) whatsoever, whether directly, indirectly or consequently, arising out of or referable to the services provided by fitmein.com.au through the fitmein.com.au Website, any Material on this Website, any third party material, or from access to the fitmein.com.au Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

14.2.

The liability of fitmein.com.au for breach of a condition or warranty implied by law, and which cannot be excluded, is limited, to the extent possible and at fitmein.com.au's option, to the resupply of the goods or services, the repair of the goods, or the payment of the cost of having the goods or services resupplied or repaired.

14.3.

fitmein.com.au does not accept liability for any confirmed appointment that is not available on arrival at the salon due to clerical or administrative errors on the part of the salon.

15.

Indemnity

You indemnify and hold harmless fitmein.com.au in respect of all liability incurred by fitmein.com.au for any loss, damage, cost or expense, howsoever caused, suffered or incurred by fitmein.com.au as a result of any breach on your behalf of these Website Terms of Use, or your use of the fitmein.com.au Website or any Material on this Website.

16.

Availability of the fitmein.com.au Website

16.1.

As electronic services are subject to interruption or breakdown. Access to the fitmein.com.au Website is offered on an "as is" and "as available" basis only and fitmein.com.au accepts no liability for any losses incurred by you on account of the unavailability of the Website for any reason whatsoever.

16.2.

You are responsible for ensuring that you have alternate contingency plans in place to enable you to book appointments or other transactions by other means should the fitmein.com.au Website be unavailable.

16.3.

fitmein.com.au may impose limits or restrictions on the use you may make of the fitmein.com.au Website. fitmein.com.au may withdraw the fitmein.com.au Website at any time and without notice to you.

17.

Copyright and Trademarks

17.1.

Copyright in the Material on this Website is owned and/or licensed by fitmein.com.au.

17.2.

Except where necessary for and incidental to the viewing of the Material on this Website via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no Material on this Website may be copied, reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the specific written consent of fitmein.com.au.

17.3.

Third party trade marks are the property of the respective third parties.

18.

Use of the fitmein.com.au Website

You must not:

a.

use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the fitmein.com.au Website, or any of the content contained within, without fitmein.com.au's prior written permission;

b.

use any device, software or routine to interfere or attempt to interfere with the proper working of the fitmein.com.au Website or any transaction or process being conducted on or through it;

c.

take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the fitmein.com.au Website; or

d.

reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the fitmein.com.au Website.

19.

Termination

These Terms of Use and your access to the fitmein.com.au Website may be terminated at any time by fitmein.com.au without notice to you. All restrictions, indemnities and licenses granted by you, and all disclaimers and limitations of liability by fitmein.com.au, will survive termination. However, upon termination, you will no longer be authorised to access the fitmein.com.au Website.

20.

Acceptance and changes to Terms of Use

20.1.

You acknowledge and accept that your use of the fitmein.com.au Website indicates your acceptance of these Terms of Use and the Privacy Policy.

20.2.

These are the current Terms of Use. They replace any prior terms of use for the fitmein.com.au Website published on the fitmein.com.au Website to date.

20.3

fitmein.com.au may at any time vary the Terms of Use by publishing the varied Terms of Use on the fitmein.com.au Website. fitmein.com.au is under no obligation to specifically notify you of any variation to these Terms of Use. You accept that by publishing the varied Terms of Use on the fitmein.com.au Website, that fitmein.com.au has provided you with sufficient notice of the variation. By your use of the fitmein.com.au Website after any variation, you are taken to have accepted and assented to the new Terms of Use.

21

General

21.1.

All prices listed on the fitmein.com.au Website are in Australian dollars, unless otherwise indicated.

21.2.

This agreement, the fitmein.com.au Website, and the acquisition of products and services via the fitmein.com.au Website, are governed by the laws of Queensland, Australia .

21.3.

You irrevocably submit to the exclusive jurisdiction of the courts of Queensland , Australia , and courts of appeal from them, for determining any dispute concerning this agreement, the fitmein.com.au Website, or the acquisition of products and services via the fitmein.com.au Website.

21.4.

You irrevocably waive any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

21.5

Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.

22.

Linking to fitmein.com.au

Please contact us if you would like to link to any part of the fitmein.com.au Website.