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Terms of Use

Last updated: 19/02/2019

Welcome to the Beautyview Website or Mobile Platform (collectively, the "Website"). This Website is provided to benefit users in collecting various beauty-related information, searching for and booking appointments at businesses listed on this Website ("Business Listings") and expressing opinions of their beauty-related experience. Moreover, this website is provided to assist businesses in the beauty industry ("Suppliers") in creating Business listings and uploading their information and advertising content on to the website (collectively, "Services").

The Website is solely owned and operated by Beautyview Pty Ltd ("we", "us", "our" or "Beautyview") ACN 614 323 250. Access to and use of the Website, or any of its associated Products or Services, is provided by Beautyview. The terms "you" or "your" refer to the user who accesses, visits, browses, posts / shares content, creates user accounts or in any way uses the Website, including Suppliers where appropriate.


Acceptance of the Terms

Please read these Terms of Use (collectively, "Terms" or "Agreement") carefully as they govern your use of the Website and any of its associated Services. They also describe your legal rights and limitations on these rights, as well as information of applicable law and jurisdiction of disputes. By accessing, using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be legally bound by the Terms set forth herein as well as our Privacy Policy, Review Policy and User Guidelines. If you do not agree with the Terms or with other Policies listed above, you must cease usage of the Website, or any of its associated Services, immediately.

 

Changes to the Terms and Conditions

On occasion, we may review, change or otherwise modify any of the Terms by updating this page at our sole discretion. We may do this at any time, without prior notice, and such modifications will be effective immediately upon posting the new Terms on the Website. You understand and agree that your continued usage of the Website after any amendments in our Terms signifies your acceptance of the updated Agreement.

We will use reasonable measures to provide you with notice of updates made on our Terms of Use, such as sending a notification to the email address linked to your account. Before you continue, we recommend that you keep a copy of the Terms for your own records. You may return to this page occasionally to review and stay informed of the most current version of the Agreement.

 

Use of the Website

In order to access or use the Website, you must represent and acknowledge that (i) you are at least 16 years of age or older in order to register for an account, or you will use the Website under supervision of a parent or guardian who has read and agreed to the Terms of Use; (ii) all information supplied by you is truthful, accurate and current, including that the email address you use for registration is your own; (iii) if you have a Beautyview account, you will maintain and protect your account information and be responsible for any use of your account by anyone other than you; (iv) your use of the Website does not violate an applicable law and you have the power and legal authority to enter into these Terms.

We grant you permission to use the Website subject to the conditions in these Terms. You agree that any use of the Website is solely conducted at your own risk, including but not limited to risks including exposure to offensive, inaccurate or otherwise inappropriate content.

Anyone who uses this Website will not incur fees for using it in accordance with our Terms. However, the Website may contain links to third-party websites – be aware that these are operated, managed and owned by independent service providers or retailers separate to Beautyview. These third parties may charge fees for using content or services provided on their website. You should therefore investigate, where you deem necessary or appropriate, before proceeding with any transaction with a third party to determine if a charge will be incurred. Where Beautyview shows information of charges on the Website, this is provided by the relevant third party and displayed for the purposes of convenience and information only. Beautyview does not guarantee that this information is accurate, nor is it responsible for content or services provided on third-party websites.

Suppliers of the Website will incur monthly subscription charges in order to create a Business listing through their Business account and advertise their business on the Website. These subscriptions charges are paid in advance and based on month-to-month contracts.

 

Prohibited Activities

The content and information contained within this Website (which may include but is not limited to text, music, sounds, photos, graphics, videos, maps, messages, data, information, icons, software, code or other material), in addition to the infrastructure that provides such content and information, is proprietary to Beautyview. You agree not to otherwise copy, modify, distribute, display, transmit, perform, reproduce, license, publish, create derivative works from, transfer, sell or re-sell any information, products, services or software accessed and obtained from or through this Website.

Additionally, you agree not to, and will not assist, encourage, or allow any third party to:

(i) violate the Terms or any applicable law;

(ii) use the Website or its contents for any commercial purposes;

(iii) threaten, offend, harm or harass others, or promote racism or discrimination;

(iv) alter, modify, reproduce, distribute, publicly display, sell, trade or reverse-engineer the Website or any of the Content or Services;

(v) remove or modify any copyright, trademark or other proprietary rights notices that appear on the Website;

(vi) reformat, frame or mirror any portion of the Website without prior written authorisation from Beautyview Pty Ltd;

(vii) use any robot, spider, site search/retrieval application or other automated device, process or means to access retrieval or index part of the Website;

(viii) take action that interferes with the proper working of the Website or our Services and imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our IT infrastructure;

(ix) use the Website or any of the Content to plant or transmit computer viruses, worms, defects, Trojan horses or any other items of a destructive nature;

(x) create, operate or manage user accounts by either automated means or under fraudulent pretences.

The restrictions above only apply to the extent permissible under applicable law.

 

User Accounts

Personal and Business accounts

In order to use certain features on the Website, you must create an account and provide personal information. It is your sole responsibility to maintain the confidentiality of your password, and you are fully responsible for all activities that occur under your account, including interactions with other users and/or businesses. You also agree to notify us of any unauthorised use of your account. If you use the Website on a public computer, or a personal device that others have access to, ensure that you log out from your account at the end of each session.

When creating your account, you must provide complete and accurate information about yourself in order to gain credibility as a contributor on the Website. You may not impersonate another individual or company, create or use an account for anyone other than yourself, provide an email address that is not your own, or set up multiple accounts. When you select your Profile Name, understand that others may be able to identify you if, for example, you include personal or identifying information in your reviews, use the same or similar account information on other websites, or allow other websites to share information about you with Beautyview. For more information, read our Privacy Policy.

You may cancel your user account at any time without incurring costs through your Account page. Visit your Profile Dashboard / Account Settings / Account page and click the Delete button. You will then be asked to complete a short survey before your request is finalised.

Please note that Beautyview reserves the right to refuse, suspend or cancel any account at its sole discretion.

 

Business accounts

Business accounts on Beautyview are subject to a monthly subscription fee as described above in the "Use of the Website" section. There are no lock-in contracts or a specified minimum period for our Business subscriptions.

You must only create a Business account on Beautyview and create a Business listing if you are the owner, or the authorised representative of the business you intend to register. When creating your Business account, you must provide complete and accurate information about your business and meet the quality requirements of the Business listings (such as quality of content or images). Upon publishing your Business listing on the Website you will become a Supplier.

As a Supplier, you will have limited access to certain features on the website in accordance with the Terms of Use, Review Policy and User Guidelines. For example, Suppliers cannot make online booking enquiries with other businesses or submit reviews about other Business listings.

Beautyview reserves the right to refuse, suspend, cancel or remove any Supplier or Business listing at its sole discretion. Please also note that Beautyview does not guarantee or promise certain or consistent positions or ranks of your Business listing. There are multiple factors that affect your ranking, including but not limited to average review score, amount of reviews and review consistency.

You expressly understand and agree that reviews and ratings will be monitored, managed and controlled by Beautyview in accordance with our Review Policy and User Guidelines. However, Beautyview does not take responsibility for, nor are we obligated to remove or modify, any review on your Business listing. Please also note that reviews that fail to meet our guidelines may be removed from your listing at any time without prior notice to you.

Beautyview regularly develops and updates the Website and its Services. Any new function or development will be communicated to you via your Business account or by sending emails to your connected email address. We appreciate your feedback and aim to provide the best possible service by listening to our clients’ needs. For more information on how to share your thoughts with us, please see the "Feedback and Suggestion" section at the end of the Agreement.

 

Privacy

Beautyview respects your right to privacy and is committed to safeguarding the privacy of our customers and all Website visitors. Any personal information you submit or post on the website will be used in accordance with our Privacy Policy.

 

Content

When posting, submitting or publishing information and other content to the Website, including but not limited to text, data, images, photos, audio, videos and other material (collectively, "Your Content" or "User Content"), you are solely responsible for that content and it cannot always be withdrawn once published. You understand and agree to accept all risks associated with your content, including anyone’s reliance on its quality, accuracy or any disclosure of information that makes you personally identifiable. You agree to only post content that you reasonably believe to be true and also agree not to provide false or misleading information deliberately. You also agree that you own, or have the required permissions, to use and authorise the use of your content as described herein. Note that you may not imply that your content is sponsored or endorsed by us in any way.

Some content may be prohibited (see "Prohibited Content" section below). Beautyview regularly reviews the content on its Website, however we do not control User Contents, nor do we guarantee or assume liability for their quality, integrity or accuracy. This may include content relating to ratings, reviews, business and company information, messages, special offers and products, and user profiles.

You understand that in using the Website you may be exposed to content that is offensive or that you may deem unacceptable. You agree that you must evaluate and bear responsibility for all risks associated with the use of User Content, including any reliance on the integrity and accuracy of such content. If you encounter content that you deem inappropriate, false, misleading or suspect, you may notify us by submitting a report or sending us a direct message through our Contact Us page.

At its sole discretion, Beautyview may choose to modify or remove any User Content that it deems to be in violation of these Terms, or which may be inappropriate, misleading, offensive, illegal, obstructs the rights or threatens the safety of any person. However, Beautyview assumes no responsibility for monitoring the Website for inappropriate content mentioned above, and has no obligation to remove such content. Beautyview also assumes no responsibility for any content submitted by its Users. User Content is not required to be reviewed by Beautyview and therefore may not reflect our policies or opinions. User Content is not in any way endorsed by Beautyview and we make no warranties, express or implied, regarding the accuracy, quality or integrity of that content.

You understand and agree that Beautyview may review, modify and/or delete any User Content, including but not limited to Business listings, reviews, user profiles, special offers and price lists, that in our sole judgement violates these Terms or we deem offensive, illegal or that might violate the rights of, harm or threaten the safety of others.

If you choose to correspond with or engage in commercial transactions with third parties in connection with your use of the Website, that activity is solely between you and that third party. Beautyview has no liability, obligation or responsibility for any such activities, and you hereby release Beautyview from all claims arising from such activities.

 

Prohibited Content

This Website may contain information, text, images, photos, videos, reviews or other forms of Content that may be submitted by you, other users or third parties. The following is a list of content that is prohibited on Beautyview. You agree not to post content that:

(i) contains any data, text, information, images, photos, videos, graphics or any other material that is false, unlawful, misleading, offensive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise unacceptable;

(ii) contains any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such rights;

(iii) is patently offensive to the online community, including content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(iv) provides instructional information or promotes any illegal activities;

(v) infringes or misappropriates any patent, trademark, trade secret, copyright or violates any other intellectual, proprietary, privacy or other right of any party;

(vi) contains viruses, corrupted data or other harmful, disruptive or destructive files;

(vii) contains links to a competitor, another online directory, rating or review website;

(viii) includes private information of any third party, including but not limited to full names, addresses, phone numbers, email addresses or credit card numbers;

(ix) contains a photograph of another person without having first gained that person’s consent;

(x) impersonates any person or entity, or otherwise misrepresents your affiliation with a person or entity, including Beautyview; or

(xi) falsely expresses or implies that the content represented, is in any way endorsed or sponsored by Beautyview.

You also acknowledge that you may expose yourself to liability if posting any prohibited content described above. Beautyview reserves the right to investigate, suspend accounts and take appropriate action at its sole discretion against anyone who violates these Terms, including, and without limitation, removing the prohibited content from the Website and terminating user accounts of any who violate and/or block the use of the Website and/or Services.

 

Third Parties

Beautyview takes no responsibility and assumes no liability for any content shared, uploaded, posted or advertised by any third party. The Website may include links to other websites or applications (collectively, "Third Party Website") operated by third parties. Such links are provided for your reference only. Beautyview does not control or endorse any Third Party Website. You agree that we are not responsible for the availability or contents of such Third Party Websites and understand that the use of Third Party Websites is solely at your own risk.

Beautyview is not a beauty salon and does not provide beauty-related services. While we publish and display information and advertisements regarding specific businesses owned by third-party suppliers and assist you in processing booking enquiries with said suppliers, such actions do not in any way imply or assume Beautyview’s endorsement, sponsorship or approval of any third-party suppliers. Please note that members of the Website may rate and review businesses based on their own experience, however we do not endorse or suggest the products or services of any third-party suppliers. You understand and agree that Beautyview takes no responsibility or liability for the quality, integrity or accuracy of the information obtained and displayed on the Website from third-party suppliers.

If you make contact or process a booking enquiry with any third-party supplier, you agree to review and be bound by the supplier’s terms and conditions and their own website’s terms of use, privacy policy or any other policies related to the supplier’s website, products, service or property. You also agree that any interactions you have with third-party suppliers are solely at your own risk, and you understand that Beautyview does not take responsibility or liability for any information, warranties, errors, breaches or negligence of said third-party suppliers or for any personal injuries, death or other damages or expenses resulting from interactions with third-party suppliers.

 

Advertising

Beautyview and/or its partners, suppliers or other third parties may publicly display advertising materials or other information throughout the Website, including, alongside or within your content. You are not entitled to any form of compensation or reimbursement for such advertisements. The place, extent, type or nature of such advertising material is subject to change at any time without any prior notification to you or any other users.

 

Payments

Where the option is given, you may make payment of your subscription fee by way of:

(1) Electronic funds transfer ("EFT") into our nominated bank account;

(2) Credit or Debit Card payment ("Card Payment"); or

(3) PayPal payment service ("PayPal").

All Credit Card payments made during the course of your use of our Services are processed and managed by our payment service provider, namely Braintree Payments (Braintree is a service of PayPal provided by PayPal Australia Pty Limited, ABN 93 111 195 389).

All PayPal payments made during the course of your use of our Services are processed and managed by PayPal (PayPal Australia Pty Limited, ABN 93 111 195 389).

In using the Website, the Services or when making any payment in relation to your use of the Services, you acknowledge that you have read, understood and agree to be bound by the Braintree and PayPal terms and conditions, which are available on their respective websites.

You acknowledge and agree that where a request for the payment of the Subscription Fee or any other fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with such fees.

You agree and acknowledge that Beautyview can amend the Subscription Fees or any other fees displayed on the Website at any time at its sole discretion and that the amended fees will come into effect following the conclusion of the existing Subscription Period or any other Services.

 

Cancellation and Refund Terms

Personal user

Beautyview provides its services to you free of charge. You may cancel your membership at any time without incurring costs. To terminate your account, visit the Account page under your Account settings and follow the necessary steps to proceed.

Please note that Beautyview may close your account, suspend your ability to use and/or access certain portions of the Website and/or ban you from using the Website for any reason without any prior notice or liability. Any such action could prevent you from accessing the Website, your account, your content and any related information.

 

Business user

Beautyview provides its business services through month-to-month subscription plans with no lock-in contracts or specified minimum periods. You may cancel your subscription plan and/or Business account at any time prior to the monthly renewal date, which can be viewed in your Business dashboard under the "Next billing date" section. To terminate your Business account, you need to visit the Account page under your Account settings and follow the steps outlined.

You understand and agree that as a term and condition of using the Website, any fees incurred (outside of the last 30-day period) in accordance with your subscription are non-refundable.

If for any reason you are not satisfied with the Service provided by Beautyview, you are eligible for a refund of payments made towards your specific subscription from the previous 30 days. Upon cancellation we may retain, remove or continue to display any of your content, including but not limited to your complete Business listing at our sole discretion.

Please note that if your Business account is incomplete, offensive or in poor standing, or if there has been abuse reported against the account, we reserve the right to refuse any refund request. In any other case, refunds will only be given at our sole discretion.

 

Trademark, Copyright and Intellectual Properties

Beautyview ® is a trademark of Beautyview Pty Ltd (ACN 614 323 250) and must not be used without prior written permission from Beautyview.

All contents of this Website, including but not limited to text, data, images, photos, graphics, audio, videos, custom icons, code, scripts, design elements, the look and feel of the Website as well as the Website itself are protected by Copyright © all rights reserved and you may not copy, imitate, modify, reproduce, distribute, create derivative works from or publicly display such content without prior permission from Beautyview.

You agree that by submitting or posting content on this Website, you retain ownership rights of such content, but you also grant Beautyview worldwide, irrevocable, non-exclusive, royalty-free, fully paid-up, perpetual, assignable, sub-licensable, transferable rights to use your content for any purposes, including but not limited to copying, modifying, adapting, creating derivative works from, publicly displaying in any media worldwide, distributing, reproducing, commercialising, analysing and translating this content. Additionally, you grant Beautyview and its affiliates the licence to use your Business Name, Profile Name, Location (by Suburb only), Profile Picture and any photos you upload in connection with such content.

 

Disclaimer and Limitation of Liability

Please read this section carefully as it limits the liability of Beautyview to you for any issues that may arise in connection with your use of this Website or any of our Services. Each subsection referenced below only applies to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you have. If you do not understand or are concerned about the Terms in this section or elsewhere in the Agreement, please consult with a legal professional prior to accessing or in any way using the Website or its Services:

(i) The Website, Services and all Content are provided by Beautyview on an "as is", "as available" and "with all faults" basis, and to the maximum extent permitted by applicable law, without any warranties. All Users including you understand and agree that Beautyview may not monitor, control or assess any Content on the Website nor be responsible for the conduct of any Users, including but not limited to Suppliers or Third Parties.

(ii) Your use of the Website, including and without limitation to Content downloaded or otherwise accessed through the Website causing any damage to your computer or device, or any loss of data is solely at your own risk. Beautyview assumes no responsibility or liability in relation of the quality, reliability, accuracy or integrity of the Website (including but not limited to Content published by Users or Suppliers, ratings or reviews). Additionally, Beautyview makes no claims or warrants that any parts, functions or the Website itself will work without errors or defects, or will consistently be available.

(iii) Beautyview does not endorse or recommend and is not liable for any Third Party, including Businesses, Suppliers or Advertisers presented on the Website. Beautyview is not liable to you for any loss or damage, including personal injuries or death that may arise from the conduct, actions, representations, omissions, errors, warranties or negligence of such Third Party, including but not limited to your purchase of products or services offered by Third Parties through the Website.

(iv) Beautyview makes no claims or warranties about the Products or Services offered through the Website by Businesses, Suppliers, Advertisers or any other Third Parties and disclaims all implied warranties of merchantability, non-infringement or the fitness for any particular purpose.

You expressly understand and agree that in no event shall Beautyview, its affiliates, directors, shareholders, partners, officers, employees, agents or representatives be liable for any direct, indirect, incidental, special, consequential or other losses or damages arising from or in any connection with your access, reliance, use, delay or inability to use the Website or Services, including and without limitation to loss of income, business profits, information, data, business reputation or business interruption whether based on a theory of negligence, tort, breach of contract or else.

If Beautyview is found liable for any loss or damage that may arise from any connection with your use or inability to use the Website or Services, then you expressly agree that Beautyview’s maximum aggregate liability to you for such losses or damages whatsoever will in no event exceed the greater of:

(a) the amount paid, if any, by you to Beautyview in relation of the Website or Services in the 12 months prior to the action giving rise to liability; or

(b) AU$150 (One-hundred-and-fifty Australian dollars).

 

Indemnity

You agree to defend, hold and indemnify Beautyview and its affiliates, any related companies, suppliers, officers, directors, partners, agents and representatives harmless from and against any claims, demands, losses, fines or other costs or expenses, including but not limited to legal costs made by any third party arising out of or relating to:

(i) your access to or use of this Website or Services;

(ii) Products or Services purchased or obtained by you in connection with the Website;

(iii) your breach of the Terms or Policies referenced herein;

(iv) your violation of any applicable law or the rights of a third party; or

(v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Beautyview reserves the right to assume the exclusive defence and control of any matter for which you are required to indemnify us, and such actions will be at your expense.

 

Applicable Law and Jurisdiction

The Website is provided, operated and controlled by Beautyview from its offices in Sydney, New South Wales, Australia. The Website and Services offered by Beautyview are intended to be viewed by residents of Australia and Beautyview makes no claims that contents of the Website are appropriate or available for use outside of Australia. Visitors or Users who access the Website from outside Australia do so at their own risk, and are solely responsible for any compliance with applicable local laws.

These Terms are governed by the laws of New South Wales, Australia, and the laws of the Commonwealth of Australia, if applicable. In the event of any dispute arising out of or in relation to this Agreement, or the use of this Website, you agree to submit and consent to the exclusive jurisdiction and venue of courts sitting in Sydney, New South Wales, Australia.

 

Translations

Beautyview may translate our Terms of Use into other languages for your convenience. However, you agree that the English version governs your relationship with Beautyview, and any inconsistencies in different versions will be resolved in favour of the original English Terms.

 

General Terms

(i) Beautyview reserves the right to update, modify, remove or discontinue the Website or Services at any time, for any or no reason, at its sole discretion without prior notice or liability.

(ii) If any provision of the Terms is found to be invalid or unenforceable pursuant to applicable law, including and without limitation to the disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision and the remaining provisions in the Agreement shall continue in effect.

(iii) Fictitious names of users, people, services, products and companies mentioned on this Website are not intended to represent any real individual, service, product or company.

(iv) You understand and agree that no participation, partnership or employment relationship exists between you and Beautyview as a result of this Agreement or the use of the Website.

(v) These terms and conditions are not transferrable, assignable or sub-licensable without prior written consent from Beautyview.

(vi) The section titles in these Terms of Use are for convenience purposes only and have no legal or contractual effect.

(vii) Any rights not expressly granted above are reserved.

 

Feedback and Suggestions

Beautyview appreciates hearing from our customers and clients, and we are always grateful for your input. Be aware that when submitting any feedback, such as ideas, suggestions or documents, you agree that:

(i) Your Feedback does not contain any confidential or proprietary information of third parties;

(ii) Beautyview is under no obligation of confidentiality, express or implied, with respect to your Feedback;

(iii) Beautyview may already be considering or developing something similar to your Feedback; and

(iv) You grant Beautyview worldwide, irrevocable, non-exclusive, perpetual and royalty-free rights to use your Feedback for any purposes, including but not limited to modifying, adapting, creating derivative works from, publicly displaying and distributing your Feedback.

If you have any questions, please send us a message through our Contact Us page or send an email directly to info@beautyview.com .