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PROFESSIONALS/BEAUTIFIERS |
1. Use of ALAPTAW Services
This website (ALAPTAW) is operated by ARYACORP and provides its content on this website (hereinafter “the website”) subject to the terms and conditions (“the Terms”) contained therein. Throughout the site, the terms “we”, “us” and “our” refer to ARYACORP and ALAPTAW, and either use of ARYACORP or ALAPTAW refers to themselves as well as including the other. ARYACORP offers this website, including all information, tools, and services (“Services”) available on this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated therein.
By accessing and using any part of this website, you engage in our service and unconditionally and irrevocably agree to be bound by the Terms. These Terms apply to all users of the website whom visit and/or utilise the services of ALAPTAW. If you do not agree to all the Terms contained herein, you are not permitted to access the website or use any of its services.
The terms are developed in accordance with all relevant Australian legislation. If you access the website outside of Australia you are responsible for ensuring compliance with all applicable laws in the country you are located.
We may, from time to time, change the Terms at our discretion and without notice. It is your responsibility to check this page periodically for changes. By continuing to use the website you agree to be bound by the Terms as they apply from time to time.
2. Fees and Payment
Fees
Fees for the Packages offered for Professional subscriptions are set out within the website, and are offered at different subscription rates depending on a monthly, quarterly or yearly subscription of the Package.
You agree to pay us the Package fees and any other applicable fees that you have agreed to in advance of each billing period. Fees are non-refundable and non-transferable unless expressly provided for in this Agreement.
Professionals authorise us to confirm to other parties that the payment method linked to their Account used in connection to the Services is and remains in good standing with a financial institution for the length of time that the Professional utilises the Services. You authorise us to obtain credit reports and such background inquiries from time to time to allow us to assess your eligibility to continue using the Services.
You will be liable for any taxes that are required to be paid on the Services provided under the Agreement, excluding taxes on ALAPTAW’s income.
Billing Cycle
Your billing cycle begins on the date that you sign up to a Subscription package and make a payment. Each fee will be due the next month from that date, or the next quarter, or the next year, and you will be billed on the last day of each cycle. Each cycle will automatically renew unless either we terminate the subscription or you do.
We reserve the right to change the timing of the billing, and you acknowledge that the amount billed to you may vary due to promotional offers, or adding/changing your Package. You give us the authority to charge you for these varying amounts as is necessary.
Package Pricing
We reserve the right to change the pricing for the Packages at any time, upon a fortnight’s prior notice (14 days). This price change will take effect on your next billing cycle, unless expressly notified otherwise. Your continued use of the Services will be taken as consent to the change in fees, if you do not consent you will be unable to continue using the Services. If you wish to withdraw your consent, you will need to contact us to deactivate your account.
Cancellation of your Subscription Package
You may terminate your Package at any time, however you will not be issued a refund for time remaining under your paid Package deal. You must cancel more than 48 hours before your next billing cycle in order not to be charged for the next month’s fee.
3. Limitation of Liability
ALAPTAW solely provides a platform for Professionals and Clients to connect and acts only as a medium in order to facilitate business between them. Professionals and Clients contract independently for this provision of Services and each Client holds full responsibility for choosing a Professional, a location and date, and services to be performed by the Professional and does so at their own discretion and risk.
All Users understand and acknowledge that:
1. The Company does not conduct background checks on Clients; and
2. Any provision of Services in a private location inherently increases the risks involved for both Clients, Professionals and any personnel of Professionals, as applicable.
Each Professional must decide whether a Client is suited to such Professional's services and should exercise caution and common sense to protect the personal safety and property of such Professional and its personnel.
ALAPTAW is not responsible for any aspect of the services provided by Professionals on the website, including but not limited to: quality, reliability, durability, legality, and failure to provide services. ALAPTAW is further not responsible for the integrity, responsibility or any actions or omissions of any of the Professionals or Clients. Each Professional is solely responsible for all customer service issues relating to their goods or services, including, without limitation: pricing, order fulfillment, cancellations, returns, refunds and adjustments, warranty, and feedback. In performing their services, Professionals must represent themselves as a separate entity from ALAPTAW.
ALAPTAW is not responsible for the conduct, online or physical, of any user of the Services and you agree to release us from any liability related to same. We will not be liable for any claim, injury or damages arising with your use of our services. You understand that we do not screen our Users, inquire into the background of our Users or attempt to verify information provided by any User. We do not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services. Notwithstanding this, we may, but are not obligated to, check the background and experience of Professionals via third party background check services and first party interviews, including but not limited to a verification of identity and a comprehensive criminal background check and may terminate a Professional based on any information discovered during such background checks and first party interviews.
You agree to indemnify, defend and hold us harmless and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms of service or the documents they incorporate by reference, any deceptive or fraudulent acts or charges, or your violation of any law or the rights of a third party. This defence and indemnification obligations will survive the termination of these Terms and Conditions and your use of the Services.
4. Content
Information or material (“Content”) on the website is of a general nature and we are not responsible if information made available on this site is not accurate, complete or current. The Content should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on material is at the User’s own risk.
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to the provision of services. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel services if any information in the service or on any related website is inaccurate at any time without prior notice (including after the submission for an order of service or product).
We have no obligation to update, amend or clarify information in the service, including without limitation, pricing information, except as required by law. No announced update or refresh date applied in the website should be taken to indicate that all information in the service has been modified or updated.
5. Credit Card Information
If approved by us, you may require Clients to enter into our website Credit card or other payment information. At your discretion you may charge reservation fees, such as cancelled or missed appointments in accordance with any policy posted on your ALAPTAW page at the time of the Client's booking. We take what we believe to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments. However, we are not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third party negligence, improper transmission of payment information, a Client's mistaken submission of payment information or submission of erroneous payment information.
If there is a circumstance such as when the Client may not be the authorised user of the Card, or the Client contests the transaction, you agree to comply with the Chargeback process and to comply with any liability associated with same.
You agree and represent that you will honour the reservations made by Clients through the Services, or will communicate with them in advance to resolve any scheduling conflicts to the Client's and our satisfaction.
6. Accounts
Registration
The act of creating your Account, signing up for a Package and paying the Fee, grants you a right to use the Services that ALAPTAW provides, within the guidelines of the Terms and Conditions contained herein. In registering for your Account, some personal and business information will be requested in order to create your Account. You agree to supply true, accurate, current and complete information about yourself and your business. You also agree that in providing the data you will not knowingly omit or misrepresent any salient and material facts or information, and that you will promptly update any changes to the data you have provided. You consent and authorise us to verify your provided information if needed, in order for your use and access to the Services.
We reserve the right to suspend or terminate the Account of any Professional who provides inaccurate, untrue or incomplete information, or who fails to meet the registration requirements.
Account ID
You must use your business’ true name when you sign up for an account. When you register,you must select an Account ID. You are required to select an appropriate and non-offensive ID which ideally will be a reasonably descriptive name that clearly identifies you or your business. This name will be used in connection with your card statements for all payments you accept through the Service.
We reserve the right to remove or reclaim any Account ID that we believe, in our sole discretion, is inappropriate, offensive, confusing, or potentially violates the rights of a third party.
Your Account
By creating an Account, you confirm that you are either a legal resident of Australia, an Australian citizen, or a business entity authorised to conduct business by the state in which you operate.
You agree to maintain your Account solely for your own use, and that you will not allow another person to use your Account ID to access or use the Services in any way. You are solely responsible for maintaining the confidentiality of your Account IDs, and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We will not be liable for any harm caused by or related to the theft of your Account ID’s, yourdisclosure of your Account IDs, or your authorisation to allow another person to access or use the Services using your ID.
You are solely responsible for any activities that occur under your Account and you agree to notify us immediately of any unauthorised use of your Account and related security breach.
Syncing your Account
Part of the Services offered under our packages include an option to syncronise your page with your social media accounts, who are as such “Third Party Accounts”. In doing so you will be providing your Third Party Account login information through ALAPTAW. You hereby represent that you have the authority to disclose your Third Party Account login information to us without breaching any of our Terms and Conditions, and without obligating ALAPTAW to pay any fees or making us subject to any usage limitations imposed by those Third Party Providers.
7. Professional Accounts
The act of creating an Account as a Professional on our website certifies that you are a Professional and that your business information is correctly displayed on our website. If engaged, you also certify that all your employees, independent contractors or agents who provide your services are each licensed professionals. Creating an account also certifies that you are licensed to provide your services in whatever place you conduct your business as advertised on our website. We reserve the right to remove, hide or modify any incorrect, outdated, or illegal information from Professional profiles, as well as the right to remove or hide the profile in its entirety.
You grant us security interest, as well as a right of setoff against, and hereby assign, convey, deliver, pledge and transfer to us as security for any repayment of obligations you may owe us, all of your right, title, and interest in and to all of your accounts with us. You authorise us, without prior notice to you, to the extent permitted by law to collect, charge and/or setoff all sums owing against any and all such accounts, to administratively freeze or direct any third party bank holding the account to freeze all such accounts to allow us to protect our security interest, collection, charge and setoff rights.
By creating an Account as a Professional, you agree that you will not accept payments from or in connection with any illegal or unsavoury activities or businesses, such as credit repair agencies, escort services, or debt collectors. What is considered unsavoury is at our discretion.
8. Payment Processing Services
Our service facilitates the processing of payments that Professionals receive from Clients, therefore we collect, analyse and relay information generated in connection with these payments. You authorise us to hold, receive and disburse funds on your behalf, which permits us to generate a paper draft or an electronic funds transfer to process each payment transaction that you have authorised. Your authorisation in this regard remains in full force and effect until your Account is closed or terminated.
As a condition of ALAPTAW enabling payment processing services through a Payment Service Provider (PSP), you agree to provide us with accurate and complete information about you and your business and you authorise us to share same as well as transaction information related to your use of the PSP services.
We use the PSP’s XERO and PAYPAL in connection with the Commonwealth Bank of Australia. You agree that you have read their Terms and Conditions as well and that you will be held to their Terms and Conditions.
We reserve the right in our sole discretion, to place on hold any payments from the Client for services and for out of pocket expenses, and to refund/provide credits or arrange for the PSP to do so.
We reserve the right to not authorise or settle any transaction that you submit to us if we believe that the transaction, in our sole discretion, violates these Terms and Conditions or any other ALAPTAW Agreements, or if it exposes Professionals, Clients, the PSP or us to harm. Harm includes, but is not limited, to fraud and other criminal acts. If we believe that your Account is being used for an unauthorised, illegal or criminal purpose, you give us express authorisation to share any and all information regarding you with law enforcement.
9. Taxes
You hold full responsibility for the determination of taxes in any form that are related to your use of our website and services. You hold full responsibility for all processes relating to Taxes to the Australian Tax Office (ATO). We hold no obligation to deal with or make any determinations of Taxes arising from any transaction, and we will not be liable for any matter regarding Taxes.
10. Use of Services
We reserve the right to change, modify, suspend or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services will encounter technical difficulties or other problems from time to time and that we will not be held responsible to you or others for such interruptions or an outright discontinuance of the Services. We have no obligation to maintain or update the Services or to continue producing new versions of the Services.
We will not be liable for the Services being not operational for reasons beyond our control, including but not limited to: acts of God, acts of government, flood, fire, earthquake, civil unrest, acts of terror, labour problems, or internet provider failures.
As a User of the Services, you agree to follow all applicable rules and laws and take full responsibility for any correspondence, actions, promotions that you make or offer through the Services.
You agree to use the Services in a lawful and respectful manner to all Users on the website, including us, Clients, other Professionals, and website viewers. We retain sole discretion in deciding whether you have used the Services in a correct manner and will terminate your subscription and Account accordingly.
11. User comments, feedback and other submissions
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as being unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
We retain all rights as to feedback regarding the Services.
12. Personal information
Any submission of personal information through the website is governed by our privacy policy. This can be found on our website, under Privacy Policy.
13. Proprietary rights
The content and technology contained within the Services are protected by copyright, trademark, patent, trade secret and other laws. You may not copy, modify, or reverse engineer any part of the Services or Company property.
Any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (Content) that you post, you do so with the representation that you have full authority to do so. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, modify, adapt, publicly perform/display and make derivative works of such Content in connection with the Services or affiliated with the Services, regardless of the form of media used or whether such services or products now exist or are developed in the future. You agree not to post any images containing written text or text overlays. We reserve the right to remove or hide or change any images without notice.
Subject to the Terms and Conditions, we grant each Professional a limited, revocable, non-sub-licensable licence to display the logos, trademarks, or other design marks of our Company that were provided by the Company to Professionals for use solely in connection with your use of the Services, or other uses expressly permitted by us in writing.
14. Blogs and Interviews
From time to time ALAPTAW will invite Professionals to be part of an Interview to be posted on the Website. The Interview may take place as a video, or as an article with photographs (Interviews). We reserve the rights to the contents of these Interviews, and by accepting the Interview you agree that the content will belong to ALAPTAW for public and social media publishing as well as marketing. If you do not wish to be a part of an interview, you must notify ALAPTAW within at least 2-3 weeks of your session.
Beauty Professionals will also be able to write blogs or “beauty hacks” and post them on ALAPTAW. We reserve the right to edit the articles to ensure that the advice is up to date and safe and reflects ALAPTAW’s values and direction of business. We will decline to post a blog or beauty hack if the advice or content is unsafe, misleading, copyrighted and/or plagiarised, or does not reflect ALAPTAW’S values. The Professional will be sent a message from ALAPTAW administration advising them of the reasons that the blog or beauty hack was declined.
15. Security
We have implemented technical and organisational measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
16. Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
17. Termination of Subscription and Accounts
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
We reserve the right, in our sole discretion, to terminate your Subscription, Account, or use of the Services if you violate these Terms and Conditions. Further to this we reserve the right to terminate same for any reason or no reason at any time.
If you:
Violate these Terms, our policies or any other agreement you have with us; or pose an unacceptable credit or fraud risk to us; or provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct or for any other reason in our discretion: We may suspend your access to the Services and your Account, including funds in your Account.
These Terms and Conditions are effective unless or until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site and cancel your subscription.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision within these Terms and Conditions, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of services, or in connection with any termination or suspension of the Services. Any termination of these Terms do not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in these Terms and Conditions.
18. Dispute Resolution
In the event of any dispute, controversy or claim related to these Terms and Conditions (Dispute), you agree to first attempt to negotiate said Dispute informally for at least 60 days before initiating any arbitration or court proceedings. It must be shown that there were genuine attempts to negotiate during the 60 day period. These informal negotiations will commence upon written notice.
19. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the service constitutes the Entire Agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
No other term is to be included in this agreement except where it is required by law.
All implied terms except those implied by statute which cannot be excluded are hereby expressly excluded.