Terms and conditions

Customer Terms

These terms outline our obligations and responsibilities between Solo Glow Pty Ltd (ACN:679 521 674) (“Solo Glow” or “us”) and you. Please read these terms and our Privacy Policy carefully before using the Solo Glow service (“Service”).

Background

  1. Solo Glow operates an online booking and payment service that connects you and a Service Provider.

  2. The Service enables you to book beauty treatments online with a range of independent Service Providers.

  3. The Service is intended solely for persons who are 18 years of age or older. By accessing or using the Service you represent and warrant that you are 18 or older.

  4. These Terms govern your use of the Service including any Solo Glow software, website, and app forms a binding contractual agreement between you and Solo Glow, under which Solo Glow agrees to provide you with access to the Service and you agree to the obligations in these Terms.

  5. For that reason these Terms are important and you should ensure that the Terms are read carefully. By using the Service you acknowledge and agree that you have had sufficient chances to read and understand the Terms and agree to be bound by them. If you do not agree to the Terms, you must not use the Service in any way.

Definitions


In these Terms:


Solo Glow or we or us means Solo Glow Pty Ltd ACN 679 521 674.


Booking means an accepted Booking Request (which can be extended by you after the Service Provider has accepted the Booking Request) for the provision of the Service which has been processed by Solo Glow and communicated to the Service Provider.


Booking Confirmation is a Notification sent to you confirming a Booking.


Booking Request means a booking request made by you through the Service.


Booking Request Details means the details you have entered into the Booking Request including but not limited to the details of the Property, the requested time and date of the services, the type of services required, the preferred gender of the Service Provider, preferred Booking Time and your contact details.


Booking System means the online booking system on the Service used to make a Booking Request.


Solo Glow Network means the database of Service Providers located on the Service.


Dispute means a dispute, controversy or claim arising out of or in connection with these Terms.

Equipment means equipment required by the Service Provider to provide their services to you.

GST means Goods and Services Tax pursuant to A New Tax System (Goods & Services Tax) Act 1999 (Cth) and the related imposition Act of the Commonwealth.


Intellectual Property Rights means all present and future rights anywhere in the world conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions, confidential information, trade secrets and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.


Losses mean any and all actions, claims, proceedings, judgments, demands, liabilities, losses, costs (including reasonable legal costs), expenses, penalties, fines and damages which may be brought or awarded against Solo Glow or suffered, incurred or paid by Solo Glow (howsoever arising) in respect of, arising out of or in connection with the services provided by that Service Provider (or any of the Service Providers’ employees or agents), a violation of any law by the Service Provider, or a breach of the terms, conditions, covenants, warranties and representations (express or implied) contained in these Terms on the part of the Service Provider (or any of the Service Provider’s employees or agents) and include loss of data, interruption of business or any consequential or incidental damages.


Service Fee means the amount inclusive of GST displayed on the Service as being payable by you to the Service Provider, and collected by the Solo Glow Service on behalf of the Service Provider, on the acceptance of a Booking Request which can be subject to change if you extend or change the Booking Request Details of the Services.


Notification means an electronic notification sent to the app, email address or mobile phone number registered on the User Profile. You acknowledge that it is your responsibility to ensure that the contact details you provided are accurate and up to date.


Payment Method means the method of payment for bookings and products available on the Solo Glow Service – including but not limited to direct bank transfer, debit card, credit card, PayPal, ApplePay or Afterpay.


Property means the location chosen by you for the Service Provider to provide the service.


Service means the suite of software and web applications provided by Solo Glow that enable you to book a Service Provider.


Service Provider means an individual or other entity (including a person trading under a business name), approved by Solo Glow to use the Service to offer their services or products to clients.


Site Content means all material, content and information made available on the Service and/or official social media accounts, including but not limited to feedback, reviews and ratings provided by you, users of the Service or Website and Service Providers, any written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression.


Specific Service Provider means a specific Service Provider you have used before as requested in a Rebooking Request, or selected from an online directory of providers, or has been referred to you by

another user or admin.


Support means the technical support, resources and information, payment and maintenance services for the Service and updates to the Service software that Solo Glow may make generally available to you and the Service Provider.


Terms means the terms and conditions set out in this document.


Tax means income tax, payroll tax, stamp duty, GST, VAT, sales tax, superannuation and all other applicable taxes.


Third Party Site means any hyperlink or other redirection tools taking the User to other websites operated by third parties that appear on the Website or Mobile applications.


User or you or your means a person who uses the Service.


User Profile means a profile created on the Service by you and includes your name, address, phone number, gender and credit card details.


Website means the website at the domain name https:// SoloGlow.com.au (or such other domain names as Solo Glow may use in relation to the Business from time to time).

Terms of Use

  1. Solo Glow grants to you a revocable, non-exclusive, non-transferable licence to:

    1. use and access the Service on your personal device solely for the permitted use of making Booking Requests on these Terms.

    2. view the Website and the Mobile Application;

    3. print pages from the Website and the Mobile Application in its original form; and

    4. download any material from the Website and Mobile Application for caching purposes only.

  2. You acknowledge and agree that:

    1. Solo Glow does not employ the Service Providers;

    2. Solo Glow does not offer to or provide, perform or conduct beauty services nor does it act as an agent or broker for the Service Provider;

    3. Solo Glow does not warrant or represent anything about the Service Providers including their qualifications, ability or experience;

    4. Solo Glow does not participate in the interaction between you and the Service Provider except to the extent necessary to provide the Service and the Support to facilitate the interaction, including the invoicing and processing of the Service Fee from behalf of Service Providers;

    5. any Third Party Sites are not controlled by Solo Glow and do not form part of the Service. You agree that you will not hold Solo Glow liable or in any way accountable for anything that occurs on any Third Party Site; and

    6. you enter into these Terms and use the Service entirely at your own risk.

Term

  1. These Terms commence on the date you access and use the Service.

  2. Solo Glow periodically reviews the Terms and reserves the right to amend the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website and Mobile Application, regularly as any changes to the Terms take immediate effect from the date of the publication on the Website and Mobile Application. The continued access and use of the Service constitutes your consent to be bound by these Terms, as amended from time to time.

  3. These Terms continue in force unless and until terminated in accordance with these Terms.

Personal Information & User Profile

  1. To make a Booking Request, you must create and register a User Profile in the manner described on the Service.

  2. You will be issued with a username and password which will be linked to your User Profile. The username and password are personal to you and are not transferable.

  3. You are responsible for all information posted on or transmitted via the Booking System by anyone using your username and password and any payments due for the Service acquired through the Booking System by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.

  4. You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms.

  5. You acknowledge and agree that all information supplied by you in using the Services and the Booking System will be true and accurate at all times.

  6. Solo Glow may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.

Booking System

  1. You must use the Booking System to make a Booking Request.

  2. Once you have submitted the Booking Request Details on the Service, the Booking Request Details will be made available to a Specific Service Provider, or to a group of Service Providers on the Solo Glow Network where an available Service Provider can view and then accept the Booking Request.

  3. On acceptance of a Booking Request, the Service will:

    1. send a Notification confirming your Booking;

    2. deduct the Service Fee from the Payment Method registered on the User Profile; and

    3. send on completion on behalf of the Service Provider, a tax invoice / receipt for the Service Fee to your email address registered on the User Profile.

    4. The Service Fee is the GST-inclusive amount you will have to pay for your booking as specified on the Service.

    5. You acknowledge that the Service Fee may be subject to change from time to time and Solo Glow is under no obligation to notify you of the change.

    6. The Service provides you with a function to make a Direct Booking Request or a Rebooking Request for a Specific Service Provider however this is subject to the availability of the Specific Service Provider.

    7. You acknowledge and agree that:

      1. Solo Glow is not a party to any agreement made between you and the Service Provider;

      2. Solo Glow has no control over and is not responsible for the actions or omissions of the Service Provider or any other users of the Service;

      3. you are not permitted to engage a Service Provider other than through the use of the Service;

      4. the Service is to be used by you for the purpose of making a Booking Request, and for no other purposes;

      5. any speculative, false or fraudulent Booking Request is prohibited;

      6. the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorised to act; and

      7. abuse of the Booking System may result in you being denied access to the Service.

      8. Solo Glow is entitled, at its discretion:

        1. to stop making the Service available to you without notice, and without providing any reason; and

        2. to add, change or withdraw functions available on the Service.

Payment

  1. You agree that at the time of your first Booking, or when you add an additional Payment Method, your payment details will be transferred to our secure payment gateway.

  2. You must ensure that sufficient funds are available for any Service Fee debited to you. Fees and charges relating to insufficient funds at time of debit will be passed onto you.

  3. Solo Glow will hold the Service Fee on behalf of the Service Provider until Solo Glow:

    1. accounts the Service Fee to the Service Provider; or

    2. pays a refund to you (if you are entitled to a refund).

  4. If you are entitled to a refund of the Service Fee, Solo Glow will aim to process the refund within 48 hours of the right to the refund arising.

Changes and Cancellations

  1. As part of the agreement between Solo Glow and the Service Provider, Solo Glow, on behalf of the Service Provider for the relevant Booking, will:

    1. allow you to make changes to the Booking, or cancel the Booking with a refund of the Service Fee, provided that such amendment or cancellation is made:

      1. more than twenty-four (24) hours before the scheduled Booking.

      2. charge you a cancellation fee equivalent to fifty percent (50%) of the value of the relevant Service Fee if you cancel or amend the Booking:

        1. less than twenty four (24) hours before the scheduled Booking but with at

          least four (4) hours’ notice; and,

        2. the Service Provider who accepted your booking request did not approve your change request.

        3. charge you a cancellation fee equivalent (100%) to the relevant Service Fee if the Service Provider who accepted your booking request did not respond to or approve your change request, and;

          1. you cancel or amend the Booking less than four (4) hours before the scheduled Booking; or

          2. the Service Provider is already “on the way” to the scheduled Booking, has

            arrived or has started the session; or

          3. you are more than 20 minutes late or do not show up to your scheduled Booking within 20 minutes after the scheduled start time; or

          4. you have not provided or arranged access for the Service Provider to the Booking location, or

          5. you have not indicated at the time of placing your booking request any pre- existing conditions, injuries or allergies which would be considered as contra-indications. or

          6. you have not provided a safe working environment for the Service Provider, including but not limited to being intoxicated and displaying antisocial behaviour toward the Service providers or others in the Booking location, or having the Booking location unhygienic and present safety and health risk for the Service Provider.

  2. All Bookings paid with Afterpay or other buy now pay later payment option accrue a cancellation fee equivalent to six percent (6%) of the value of the relevant Service Fee if you cancel or amend the Booking irrespective of the scheduled Booking time.

  3. The following will occur if the Service Provider is unable to fulfil a scheduled Booking (in full or part):

    1. the Booking Request Details will be re-loaded onto the Service and sent to the Solo Glow Network in an attempt to find a replacement Service Provider;

    2. if a replacement Service Provider cannot be located on the Solo Glow Network, you will be prompted to enter a new time and date for the Booking Request;

    3. if there is no suitable time and date, you will be given the option to cancel the Booking and a refund will be made to your payment method registered on the User Profile.

Service

  1. Solo Glow does not make any representations as to:

    1. the safety or quality of the Service provided by the Service Provider; or

    2. the safety or quality of the Equipment used by the Service Provider during the Service; or

    3. the condition or description of any products used by the Service Provider during the Service.

  2. Any issues regarding safety, quality, condition or description will be sent to Solo Glow through the Service and passed onto the Service Provider that completed the Booking.

  3. The services offered by the Service Providers on the Service are strictly beauty/therapeutic. Any suggestions or comments by you that are of an inappropriate nature before, during or after the Booking, will result in termination of the Booking and suspension of your account in accordance with these Terms with no refund, and will be reported to authorities as appropriate.

  4. Solo Glow does not give any warranty or make any representation that the Service Providers have approved qualifications to be a Service Provider, and you must satisfy yourself that the Service Provider is qualified and able to provide any services requested by you.

Termination

  1. Solo Glow may at its discretion terminate your use of, or access to, the Service at any time.

  2. If your use of the Service is terminated:

    1. you will no longer be authorised to access the Service or use any other services or products owned by Solo Glow;

    2. the email address you used to register with the Service or any other email address you possess will not be authorised to access the Service or any other services or products owned by Solo Glow;

    3. you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and

    4. all licences granted to you and all disclaimers by Solo Glow and limitations of our liability set out in the Terms or elsewhere on the Services will survive termination.

  3. You may terminate these Terms at any time by emailing us. Solo Glow will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.

  4. Solo Glow reserves the right to deduct any outstanding fees and charges owing to Solo Glow and/or the Service Provider on your User Profile prior to disabling your User Profile.

Dispute Resolution

You acknowledge and agree that:

  1. any Dispute between you and a Service Provider concerning the Service carried out by the Service Provider are directly between you and the Service Provider;

  2. Solo Glow is not a party to any Dispute between you and a Service Provider;

  3. Solo Glow is under no obligation to mediate any Dispute between you and the Service Provider however Solo Glow will endeavour to assist where necessary to mediate any Dispute between you and a Service Provider;

  4. you will be required to pay or reimburse any legal fees incurred by Solo Glow as a result of having to mediate any Dispute between you and a Service Provider.

Security of Payment

  1. We have taken all practical steps from both a technical and systems perspective to ensure that the payment details registered on the User Profile are well protected.

  2. A secure payment gateway is used to process all transactions and credit card details.

  3. Solo Glow does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.

Privacy

  1. In this clause Personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably ascertained, from the information or opinion.

  2. The Service collects and stores Personal Information you enter into the User Profile. Personal Information collected on the Service will be maintained in accordance with our Privacy Policy available on our website.

  3. You agree that the Service will disclose your Personal Information, including your name and address to the Service Provider in order for the Service Provider to complete the Booking.

  4. You must abide by all relevant Australian Privacy Principles set out in the Privacy Act 1998 in their collection, use, disclosure and storage of Personal Information.

Intellectual Property

  1. Nothing in these Terms constitutes a transfer of any Intellectual Property Rights on the Site Content. You acknowledge and agree that, as between you and us, we own all Intellectual Property Rights on the Site Content, the Service, the Website and the Mobile Application.

  2. By posting or adding any content onto the Service, the Website or the Mobile Application you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation,

    by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

  3. The Site Content is protected by copyright and Solo Glow reserves all Intellectual Property Rights which may subsist in the Site Content and the Service.

  4. You must not, without Our prior written consent which may be withheld at its absolute discretion:

    1. copy, republish, reproduce, duplicate or extract Site Content;

    2. redistribute, sell, rent or licence any Site Content; or

    3. edit, modify or vary the Site Content.

Acceptable Use

  1. You must not use, or cause the Service to be used, in any way which:

    1. breaches any of these Terms;

    2. infringes Our or any third party’s Intellectual Property Rights;

    3. is fraudulent, illegal or unlawful; or

    4. causes impairment of the availability or accessibility of the Services.

  2. You must not use, or cause this Service to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:

    1. spyware;

    2. computer viruses;

    3. Trojans;

    4. worms;

    5. keystroke loggers; or

    6. any other malicious computer software.

  3. You are solely responsible for compliance with any and all laws, rules, regulations, health and safety requirements and Tax obligations that may apply to your use of the Service. In connection with your use of the Service, you will not assist or enable others to:

    1. breach or circumvent any applicable laws or regulations, agreements with third- parties, third-party rights, or our Terms, policies or standards;

    2. use the Service or collect the contents on the Service for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Solo Glow endorsement, partnership or otherwise misleads others as to your affiliation with Solo Glow;

    3. copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Service in any way that is inconsistent with Our Privacy Policy or these Terms or that otherwise violates the privacy rights of any user of the Service or third parties;

    4. use the Service in connection with the distribution of unsolicited commercial messages;

    5. contact another User for any purpose other than asking a question related to your Booking, Service Provider, or User, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;

    6. use the Service to request, make or accept a booking independent of the Service, to circumvent any Service Fee or for any other reason;

    7. request, accept or make any payment for Services outside of the Service. If you do so, you acknowledge and agree that you:

      1. would be in breach of these Terms;

      2. accept all risks and responsibility for such payment made outside of the Service; and

      3. hold Solo Glow harmless from any liability for such payment

    8. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or personal identity, or otherwise engage in any abusive or disruptive behavior;

    9. use, display, mirror or frame the Service or collect the contents on the Service, or any individual element within the Service, our name, any Solo Glow trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Solo Glow Service, without Our express written consent;

    10. dilute, tarnish or otherwise harm the Solo Glow brand in any way, including through unauthorised use of the content on the Service, registering and/or using Solo Glow or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Solo Glow domains, trademarks, taglines, promotional campaigns;

    11. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Service for any purpose;

    12. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Solo Glow or any Service Provider or any other third party to protect the Solo Glow Service;

    13. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;

    14. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Service.

Indemnity and Liability

  • General Indemnity

    • You agree to indemnify Solo Glow, on demand, against any claim, action, damage, Loss, liability, cost, charge, expense or payment which Solo Glow may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of these Terms.

  • General Limitation of Liability

    • We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents or use of or reliance on Site Content or otherwise in connection with the Service.

  • Services Liability

    • To the extent permitted by law, Solo Glow will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) the Service.

  • Information Accuracy

    • You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by us, you or other users of the Service or Website, and that Solo Glow does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).

  • Acceptance

    • By using this Service, you agree and accept that the indemnity and limitations of liability provided in this clause are reasonable.

Warranties and Representations

  1. The use of this Service is at your own risk. All Solo Glow products and services are provided

    to you on an “as is” and “as available” basis without warranty or condition of any kind.

  2. None of Our affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Service or the Service Providers.

General Provisions

  1. Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

  2. Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

  3. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.

  4. These Terms shall be governed by and construed in accordance with the law for the time being applicable to Victoria and you agree to submit to the non-exclusive jurisdiction of the Courts of Victoria.


    Addendum: Client Standards Treat everyone with Respect

    It is your obligation to treat any person involved in Solo Glow with respect, including Solo Glow staff members, customers and Service Providers.

    Clear treatment / service plan explained for every appointment

    • Any service provided must be within the registered (booked) service scope (& providers qualification)

    • The Service Provider must explain the service to you and you must give Informed consent

    • You can revoke your consent at any time for any reason

      Understanding Informed Consent

    • Understand and consent to treatment / service prior to any appointment starting

    • Consent is voluntarily and freely given

      • Legally (you are not underage, you are able to consent, you understand the proposed treatment)

      • Consciously (not asleep / impaired /understood)

    • Consent can be revoked at any stage

      Zero Tolerance

    • Provider safety

      • You should not make the Service Provider feel uncomfortable with inappropriate comments or behaviour including:

        • Verbal; comments on appearance, personal identity, unrelated personal questions, jokes or banter

        • Non-verbal; include gestures, winks, inappropriate touch (non-clinical)

        • Inappropriate exposure or disrobing

      • No intimate relationships are acceptable within the Solo Glow interaction

    • Your safety

      • A Provider should not touch a client’s body part that is considered personal or

        sensitive

      • If you are not confident that you fully understand the service or not comfortable to continue – do not begin the service

      • Immediately cease service in the event a Service Provider initiates inappropriate behaviour

      • If at any time you don’t feel safe, you should cease treatment and ask the Service Provider to leave (or call 000 for an emergency situation)

      • Report any of these incidents via the Solo Glow Service

      • Consequences for any breaches will be enacted immediately

        Other Inappropriate conduct that Solo Glow has Zero Tolerance for

    • Aggressive, confronting, and harassing behaviour is not allowed. Do not use any language or make gestures that could be interpreted as disrespectful, rude or threatening.

    • Discrimination. Solo Glow does not tolerate any behaviour that discriminates against someone based on personal traits, this could include age, disability, gender identity, marital status, national origin, race, religion, political orientation, or personal identity.

    • Ongoing contact – outside the Solo Glow Service is not permitted

    • Wilful property damage (from either client or provider) is never allowed. Accidental property damage may result in repair/ cleaning fees, all incidents must be reported to Solo Glow.