Terms and Conditions

FRESHFEELZ

TERMS AND CONDITIONS

Welcome to FreshFeelz! We are an online marketplace allowing customers to connect with health and beauty businesses.

These terms and conditions (Terms) are entered into between FRESHFEELZ PTY LTD ABN 11 639 170 853 (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy, website terms of use and any guidelines and code of conduct posted on the Platform.

We provide a platform where health and beauty businesses (Businesses) and customers looking for health and beauty services (Customers) can connect and transact (Platform). The Platform is available at https://freshfeelz.com.au/ and via other channels or addresses including our mobile application.

In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Customer or Business; or (2) the individual accessing or using the Platform.

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

Acceptance

You accept these Terms by checking the box, clicking “I accept” /registering on the Platform or using the Platform or the services.

We may amend these Terms at any time. Where we make any material amendments, we will provide you with notice of the changes via an in-account notification or via email. By clicking “I accept” or continuing to use the Platform after the notice, you agree to the amended terms. If you do not agree to the amendments, you may terminate these Terms in accordance with the termination clause.

If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

Platform summary

The Platform is a marketplace where Businesses can advertise their beauty and health services (Services) and Customers can find Businesses and purchase their Services by making a booking online. You understand and agree that we only make available the Platform to you and we provide the following services (together the FreshFeelz Services):

providing the Platform to users (including hosting and maintaining the Platform);
assisting Businesses to advertise their Services;
helping Customers and Businesses to form contracts for the supply of Services;
processing payments between Customers and Businesses for the supply of Services; and
holding payment for Services on behalf of Businesses.

Both Customers and Businesses must register on the Platform and create an account (Account) to access the Platform’s features and the FreshFeelz Services.

We are not party to any agreement entered into between a Customer and a Business and we have no control over the Services, the conduct of Businesses, Customers or any other users of the Platform.

Customer Accounts (applicable to Customers only)

You must register on the Platform and create an Account to access the Platform’s features including viewing and browsing Businesses and their Services and making bookings for Services.

You must provide basic information when registering for an Account including your name, email address, phone number, date of birth and you must choose a password. You may also choose to provide us with additional information about your gender and preferences in order for Services to be more accurately filtered for you.

You may also register for an Account using your Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.

You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

Your Account is personal and you must not transfer it to others, except with our written permission.

You acknowledge that you may make bookings and pay for Services through the Platform, but you enter into a contract for the supply of Services with the Business who provides the Services. In order for the Business to contact you regarding your booking, you consent to us providing the Business with your Account and contact details including your name, phone number and email address and any other details relevant to your booking.

You are responsible for keeping your Account details and password confidential and you will be liable for all activity on your Account, including bookings made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

Business Accounts (applicable to Businesses only)

To advertise your Services through FreshFeelz and access the Platform’s features you must register on the Platform and request to create an Account. You must provide basic information when requesting to register for an Account including your business name, ABN, contact name and phone number, email address, postal address, business location, details of the Services you provide including your fees and you must choose a password.

When you request to create an Account, you must also select a membership (Membership). You may choose between different tiers of Membership with different inclusions as set out on our Platform.

We will review your request for an Account before approving the request. We may request additional information, including further details about your Services, certificates, licences and insurances. If you do not provide us with information we reasonably request or for any other reason, we may refuse to create an Account for you.

If we approve your request, your Account will go live on the Platform and your Membership will start from the calendar day your Account goes live on the Platform. The information provided when you requested to create an Account will be used to create a profile which you may then curate. You must post a complete description of your Services, your prices and you have an obligation to provide at least one deal or discount you are offering Customers (Listing). You must include all additional terms and conditions relating to your Services in the relevant Listing or must clearly state that there are additional terms and conditions. By creating a Listing, you confirm that you are legally entitled to and capable of supplying the Services in the Listing.

You must update the calendar booking system with your availability for the Listings you post to allow Customers to book your Services.

You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.

You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account. You agree to immediately notify us of any unauthorised use of your Account.

Bookings

A Customer may book and pay for the Services described in a Listing for a certain date and time through the Platform’s interactive calendar booking system (Booking). The Booking is an offer from the Customer to the Business to purchase the Services from the Business for the fee notified (and any other applicable charges and taxes) at the time the Customer makes a Booking.

When the Customer makes a Booking and pays on the Platform, the Booking is deemed accepted by the Business and results in a separate binding agreement between the Business and the Customer for the supply of Services in accordance with these Terms and any additional terms and conditions the Business may include in the relevant Listing.

It is the Customers responsibility to check the Booking details including the selected Listing and any prices before making a Booking on the Platform.

When the Customer makes a Booking and pays through the Platform and the payment by the Customer has been validated, we will provide the Customer with a Booking confirmation email and share the Customer’s details with the Business through the Platform. A Business may contact a Customer to request further information from them, for example, to verify a Customer’s age before providing certain Services.

Customers and Businesses must not use the contact details of the other Party to organise the provision of future Services off the Platform.

Payment

We make available the Platform and process payment for Bookings on behalf of Businesses through our third party payment processor, currently Stripe.

We may place a limit on your Account in circumstances where we suspect you of fraudulent or other unacceptable behaviour, while we investigate any such matter.

This clause will survive the termination or expiry of these Terms.

Applicable to Customers only

It is free to register an Account on the Platform.

You agree to pay the relevant prices set out in the Listing (Listing Price) at the time you make a Booking in accordance with this clause. All amounts are stated in Australian dollars and the Listing Price will include Australian GST.

You must not pay, or attempt to pay, the Listing Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Listing Price.

We may from time to time issue promotional discount codes for certain Services on the Platform. To claim the discount, you must enter the promotional discount code at the time of making a Booking on the Platform. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued. We may also from time to time run competitions on the Platform or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Platform at the time of the competition.

Applicable to Businesses only

In consideration of providing the FreshFeelz Services to Businesses, you agree to pay us the following fees based on the Membership you selected:

a monthly fee as set out on the Platform (Membership Fee); and
a percentage of the Listing Price for each Booking you receive, as set out on the Platform (Service Fee).

Where a third party payment processor charges payment processing fees on a Booking for your Services, you also agree to pay us the relevant processing fee as set out on the Platform (Payment Processor Fee).

You must pay us the Payment Processor Fee, Membership Fee and Service Fee plus any applicable GST on those amounts (together the Fees), for all Bookings of your Services made by Customers. To the maximum extent permitted by law and unless specified otherwise in these Terms, the Fees are non-refundable.

Membership Fee

The Membership will be charged upfront on a monthly basis on the calendar day corresponding to when your Account went live on the Platform (Billing Date). In some cases, your Billing Date may change, for example, if payment is unable to be processed or if your Membership began on a day not contained in a given month. You authorise us to debit your selected payment method on each relevant Billing Date.

Once a month, you may upgrade or downgrade your Membership to another tier by providing at least 24 hours notice before your next Billing Date in your Account / manage Membership page (or similar). The upgrade or downgrade will become effective on your next Billing Date.

Service Fee

You must pay us the Service Fee plus any applicable GST on the Service Fee on all Bookings for your Services made by Customers. The Service Fee is calculated based on the applicable percentage included in your Membership tier at the time the Booking was made. For the avoidance of doubt, any Bookings made prior to the upgrade or downgrade of your Membership becoming effective are subject to the Service Fee applicable to your previous Membership tier. Upon receipt of the Listing Price from the Customer, you agree that we may deduct the Payment Processor Fee and our Service Fee and hold the remainder (cumulatively, the Net Sales Proceeds) on your behalf. You are not entitled to any interest or other earnings for amounts we hold for you.

We will aggregate the Net Sales Proceeds bi-weekly for the Services related to Bookings you mark as complete, where you have provided your Services or you mark as a no-show, where the Customer did not show up for the Booking or contact you about the Booking. We will deduct any amounts payable to us from the Net Sales Proceeds (i.e. any refunds made to Customers) and arrange for the remainder of the Net Sales Proceeds to be paid to you via your nominated payment method in your Account twice a week.

You appoint us as your limited payment collection agent solely for the purpose of accepting the Listing Price from the relevant Customer. You agree that we will not be required to pay you any amount until we have received the Listing Price from the relevant Customer, that we will deduct the Payment Processor Fee and our Service Fee from the Listing Price we receive and that we may grant refunds to Customers in accordance with these Terms.

You agree that when we receive full payment of the Listing Price from a Customer, this will constitute payment to you for the Booking and the Customer’s payment obligation to you will be deemed completed at that time and you will have no further claims against the Customer with respect to that payment.

If you have not provided the Services in a Booking to a Customer, we have the right to refuse to pay the Net Sales Proceeds to you for that Customer.

You acknowledge that we may set off any amounts you owe to us from time to time against any amounts we owe to you.

You acknowledge and agree that we may, in our sole discretion, establish limitations around payments on the Platform by Customers or Businesses, including individual or aggregate transaction limits on the amount or number of Bookings a Customer may make or a Business receives within certain time periods. You agree that we may refuse to process any payment if we believe that a transaction is fraudulent, invalid, suspicious or breaches applicable law or these Terms.

Refunds and Booking Cancellation Policy

Once a Booking has been made, a Customer or a Business may reach out to the other party using their contact details on the Platform to discuss, change, reschedule or cancel the Booking. Changing, rescheduling or cancelling a Booking made through this Platform is strictly a matter between the relevant Customer and Business. The terms and conditions agreed to between the Business and the Customer must be set out clearly in the relevant Listing and where a Business has chosen to allow rescheduling, the Platform provides the functionality to perform the reschedule.

For disputes between Customers and Businesses, we encourage Parties to attempt to resolve disputes (including claims for refunds) with the other Party directly and in good faith, through external communication methods. In the event that a dispute cannot be resolved through directly, the Parties may choose to contact us via the Platform (and we may require the Parties to provide supporting evidence) to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.

FreshFeelz Points (applicable to Customers only)

You may be able to earn reward points when you refer a friend to FreshFeelz and redeem them when making Bookings, as set out on the Platform (FreshFeelz Points). You may invite a friend to sign up to the Platform by using your unique referral code available in your Account (Referral). Each time a Referral signs up to the Platform using your unique referral code, makes a Booking and makes a payment for Services we may reward you with FreshFeelz Points. For example, if a Referral makes payment for Services equal to or greater than $40, we may reward you with one FreshFeelz Point and if a Referral makes payment for Services that is less than $40, we may reward you with half a FreshFeelz Point, or as otherwise set out on the Platform. You may redeem your FreshFeelz Points for discounts on Listing Prices when making a Booking through the Platform.

We reserve the right in our sole discretion to determine the eligibility of a Referral or FreshFeelz Points. FreshFeelz Points cannot be redeemed for cash and are non-transferrable. We may at any time, cease or suspend the FreshFeelz Points feature in your Account if we reasonably believe you are fraudulently obtaining or misusing the FreshFeelz Points. We have the right, at any time, with or without providing you prior notice, to change the requirements for earning and redeeming FreshFeelz Points.

Reviews

Customers may review their experience with the Business on the Platform, including the Services (Review).

Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.

You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

You can write a Review about a Business if you have had an experience with that Business, which means that (1) you have engaged the Business through the Platform; or (2) you can otherwise document your interaction with the Business in relation to the Platform, including via correspondence (collectively referred to as a Customer Experience).

You may not write a review about a Business you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Business, or work for the Business. Similarly, you may not write a Review about a direct competitor to the Business you own, are employed by or work for.

Your Customer Experience must have occurred in the 12 months prior to you writing a Review.

You may only write about your own Customer Experience. You are not permitted to write a Review about somebody else’s Customer Experience such as that of a family member or friend.

You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Business to write a Review, you should include information about this in your Review. Incentives include the Business offering you a gift, reward, discount or advantage for writing a Review about the Business on the Platform.

Content

We may allow you to (1) post, upload, publish, send or receive relevant content and information, including Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (FreshFeelz Content and together with User Content, Content).

Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform and access and view any Content in accordance with these Terms. All other uses are prohibited without our prior written consent.

You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Warranties

You represent, warrant and agree that:

you will not use our Platform, including the Content, in any way that competes with our business;
there are no legal restrictions preventing you from entering into these Terms;
all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;
where you are a Customer, you will not circumvent, attempt to circumvent, bypass, or use a third party to circumvent, attempt to circumvent or bypass the Platform in any dealings related to the Services with Businesses who you have connected with through the Platform;
where you are a Business, you (or your personnel) will not circumvent, attempt to circumvent, bypass, or use a third party to circumvent, attempt to circumvent or bypass the Platform in any dealings related to the Services with Customers who you have connected with through the Platform;
where you are a Business, you are responsible for complying with all laws, rules and regulations which apply to providing the Services in your Business Listings; and
where you are a Business, you are appropriately qualified, and have any required skills, knowledge or training, to provide the Services.

Australian Consumer Law

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

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a Customer, the Services provided by a Business may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

Exclusions to Liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

your or your personnel’s acts or omissions;
any use or application of the FreshFeelz Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
any aspect of the Customer and Business interaction including the Services offered by the Business, the description of the Services requested or offered, any advice provided, the performance of Services;
any works, services, goods, materials or items which do not form part of the FreshFeelz Services (as expressed in these Terms), or which have not been provided by us;
any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
the FreshFeelz Services being unavailable, or any delay in us providing the FreshFeelz Services to you, for whatever reason; and/or
any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on Liability

Despite anything to the contrary, to the maximum extent permitted by law:

we will not be liable for Consequential Loss;
our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your personnel); and
our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the FreshFeelz Services to you or, in our sole discretion, to us repaying you the amount of the Fees paid by you to us in respect of the supply of the FreshFeelz Services to which the Liability relates, or where there are no Fees paid, $50.

This clause will survive the termination or expiry of these Terms.

Termination

Where you are a Customer, your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in your in the Account page section of your Account settings.

Where you are a Business, your Membership will continue until terminated accordance with this clause. You may cancel your Membership in your Account/ manage Membership page (or similar) with at least one month’s notice before your next Billing Date. The cancellation will be effective on the next Billing Date after the 30 days notice.

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

you (or any of your personnel) breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
as a Business, you repeatedly receive negative reviews from Customers;
as a Business, we believe you (or your personnel) are circumventing, attempting to circumvent, bypassing, or using a third party to circumvent, attempt to circumvent or bypass the Platform in any dealings related to the Services with Customers who you have connected with through the Platform;
as a Customer, we believe you are circumventing, attempting to circumvent, bypassing, or using a third party to circumvent, attempt to circumvent or bypass the Platform in any dealings related to the Services with Businesses who you have connected with through the Platform;
as a Customer, we believe you are fraudulently obtaining or misusing the FreshFeelz Points;
there is any reason outside our control which has the effect of compromising our ability to provide the FreshFeelz Services; or
you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you, if we:

are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
are unable to pay our debts as they fall due.

Upon expiry or termination of these Terms:

we will remove your access to the Platform;
we will immediately cease providing the FreshFeelz Services;
you agree that any payments made by you to us are not refundable to you;
where you are a Customer, we will cancel any existing Bookings and you will lose any FreshFeelz Points, Listing Prices and other amounts paid;
where you are a Business, we will cancel any existing Bookings and refund the relevant Customers; and
where we terminate the Terms for any reason, you also agree to pay us our additional costs arising from, or in connection with, such termination.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

This clause will survive the termination or expiry of these Terms.

Business insurance

As a Business, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the Services you choose to provide to Customers. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

Notice regarding Apple

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

General

Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Customer and us, or a Business and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Queensland Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

Governing law: These Terms governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

FRESHFEELZ PTY LTD ABN 11 639 170 853

Email: hello@freshfeelz.com.au

Last update: 4 December 2020