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TERMS OF SERVICE

TERMS OF SERVICE

(‘Terms’)

 

In using our website and engaging any of our Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our website from time to time.

 

DEFINITIONS

 

“Clients” means any customer or person engaging our Services.

 

“Quotation” means our email quote for the Services you request.

 

“Services” means hair and makeup services for professional shoots, weddings and special occasions at our home salon or at our Client’s preferred locations.

 

“the website” means www.elisebysouth.com

 

“We”, “our” and “us” means Elise Bysouth and includes all partners, employees and contractors.

 

“You” means the Client engaging our services and by doing so, agreeing to these Terms.

 

HOW OUR SERVICES WORK

 

You need to make a booking with us and pay our invoice to secure your booking time and appointment. The particular Services required, location, access, date and time, and people involved are all agreed at the time of booking in our Quotation or otherwise in writing. 

 

You must provide all relevant information requested for us to perform the Services, including but not limited to the following information:

  • the type of occasion;

  • the type of hair and/or makeup you require;

  • how many and the ages of the persons who we will be providing hair and/or make-up for;

  • your preferred location (if not at our home salon) and how we gain access to your preferred location, whether parking is restricted;

  • the time and date you require the services; and

  • whether additional services are required such as posing for photos.

 

Once your booking is made and paid for, you acknowledge that we will have arranged to have that date and time slot available for you exclusively, and may have turned away other clients. For this reason, all cancellations and changes are subject to our terms below, under cancellations, refunds.

 

If any additional services are required at the time of delivery of the Services, we may or may not permit them at our discretion. Sometimes time limits will not enable us to perform additional services but we will make every attempt to accommodate where possible. Please note: any additional services will be subject to Additional Fees. If any persons have infections or contagious diseases you must inform us immediately and if possible, prior to any booking and appointment to give us an opportunity to make any necessary adjustments.

 

 

Our times for performing the Services are estimates only, and if we finish performing the Services ahead of schedule, we have no further obligation to stay on location.

 

If you are not happy with the Services we ask that you notify us immediately at the location and at the time of the delivery of the Services in order to facilitate corrections and accommodate any changes necessary. The nature of our work means that we are unable to make changes after you or we leave the location.

 

BOOKING, PRICES, DEPOSITS

 

All prices on our website are in Australian dollars $ and do not include GST. We may change any prices at any time without notice to you. We accept cash, credit card or EFT. Payment must be received by the due date as specified on our invoice, or your booking will be cancelled. You must allow at least 3 business days for EFT to be made and so cleared funds to be received by us on or before the invoice due date. We strongly recommend you send us a receipt as proof of payment.

 

Bookings are held at our discretion. Usually we will hold a booking for 5 days from the time and date the invoice is issued. In the event that you request an appointment with less than 7 days notice, we may but are not obliged to accept your request.

 

We require a 50% deposit for all bridal bookings for Services worth over $500. The remainder payment is due 2 months prior to the wedding date. In the event of a booking with less than 2 months notice, full payment is immediately required.

 

ADDITIONAL FEES

 

You must pay the additional fees, including all valet or parking fees, accommodation fees and our travelling fees as notified. Any changes in the location of your appointment may incur an additional travel fee and accommodation fee. These additional fees must be paid before the appointment date and if not received we may refuse to perform the Services.

 

We will also charge additional fees at the time of delivery of the Services where you are late, create delays, are unprepared, there are breakages, or you do not properly inform us.

 

Our late fee is $30 for every 30 minute interval that you are late and not at the agreed location at the agreed time. We also charge the late fee if the scheduled Services exceed the allotted time frame due to your delays. We also charge an additional fee if your hair has not been prepared in accordance with our hair guidelines (ie we may be delayed and have to perform additional blowdries) or there are other unprepared circumstances which we advise of.

 

We charge for any damages or breakages to our products, tools, appliances. Where you fail to inform us of infections or a contagious disease, we will also charge you for our products, tools, appliances, including any brushes, sponges, makeup and consumables used on the person.

 

You must pay these additional fees at the time of delivery of the Services. You must also pay the costs of any additional services you request at the time of delivery of the Services. eg additional person’s make up, additional blow dry, touch up services etc.

 

CANCELLATIONS, ALTERATIONS AND REFUNDS

 

To the extent permitted by law, we do not provide refunds for changes of minds, or cancellations after the booking is paid for. Once an appointment is cancelled it cannot be reinstated.

 

To the extent permitted by law, all bookings are non-transferable. Once a booking is made for a particular date, we cannot change your booking to another date. If you require a change to the agreed appointment time we may, but are not obliged to change the agreed time.

 

To the extent permitted by law, all bookings are non-changeable. Once we agree to perform the Services you require, we cannot change your booking by, for example reducing the invoice because there will be less members in your bridal party or photography shoot.

 

If you need additional services, we may but are not obliged to perform them. They will incur additional costs.

 

We may cancel your appointment immediately without refund where you breach this Agreement, and in particular where you fail to perform your obligations under Agreement for our Services (eg where you are more than 30 minutes late to the appointment or where you fail to adequately inform us of infections or contagious diseases or where you are inebriated).

 

If we need to otherwise cancel the Services a full refund will be provided.

If a significant change is made for reasons beyond our control, then, to the fullest extent permitted by law but not otherwise, we are not liable to compensate you. These include: war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, pandemics, health risks, changes due to rescheduling or cancellation of event; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, act of government or public authorities or other circumstances amounting to force majeure and/or Acts of God.

 

AGREEMENT FOR OUR SERVICES

 

To engage our Services, you acknowledge and agree to the following:

 

  • You will notify us of any infections, conditions or illnesses.

  • You will notify us of any skin and hair conditions and allergies.

  • You must present your hair free from oil, sebum and any hair products, and prepare your hair in accordance with our hair preparation guidelines.

  • You will ensure you show up promptly, and on time to respect other appointments that may follow your appointment and ensure that other persons with appointments are not delayed.

  • You will respect the professional providing the services to you. You will not use bad language, drink or smoke, be respectful and provide suitable facilities in order for the Services to be provided.

  • You must not use aggressive, abusive, rude, discriminatory or obnoxious behaviour.

 

We may immediately stop the performance of the Services without refund in the event that you do not comply with any of the above requirements.

 

You further acknowledge and agree that we may take photographs of you to use in our marketing and promotional material.

 

MODIFICATION OF WEBSITE, CONTENT AND SERVICES

 

We reserve the right at any time and from time to time to remove, delete, alter or amend any content, Services or the website. In particular, if we believe the content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

 

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

 

DISCLAIMER

 

You must provide us with sufficient, accurate information to assist us in performing the Services. In particular you must inform us of any allergies, skin and/or hair conditions prior to the delivery of the Services.

 

You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Services, including, but not limited any skin complications, or hair loss or damage due to any of our products and Services. We are also not liable for any heat damage or injury to your hair or skin from the use of heated tools like curling irons, flat irons, hair dryers. In no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages where you need to add persons, change venue or booking dates or times and we cannot cater for you, or where you fail to provide us with correct information in regards to a booking.

 

LIABILITY

 

Certain legislation including the Australian Consumer Law (“ACL”) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services by us to you which cannot be excluded, restricted or modified (“Statutory Rights”).  

 

Our liability to you is governed solely by the ACL and these Terms. While we endeavor to maintain good quality information on our website, we make no representations or warranties of any kind, express or implied, about:

 

  • the completeness, accuracy or reliability of the information you obtain from the use of our Services; or

 

  • whether the Services provided on the website will be available on an uninterrupted, secure or error-free basis.

 

We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

 

You agree that you must evaluate, and bear all risks associated with, your use of the services provided by any third party service provider and/or information made available to you through or facilitated by our website.

 

You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website or our Services, including, but not limited to, loss or corruption of data from our website. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

 

When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

 

  1. The supply of any services again; or

  2. The payment of the cost of having any services supplied again.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

 

INDEMNITY

 

You agree to defend, indemnify and hold us and our partners, employees, contractors, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from (i) your breach of our Terms, (ii) any third party claims (ii) any activity you may engage in through any use of our Services, or(iii) your use of the Services.

 

INTELLECTUAL PROPERTY

 

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours.

 

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any thing you access through our Services.

 

You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.

 

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

 

GOVERNING LAW

 

These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.

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