FLAYR – PROVIDER TERMS & CONDITIONS
About Flayr’s Terms & Conditions
1.1. These are the standard Terms & Conditions for Flayr ACN: 166 037 092 (herein referred to as ‘Flayr’) to provide the Services as listed below to a Provider (herein referred to as ‘ you’ or ‘Provider’).
1.2. The Services will be available to you through Flayr’s website located at www.flayr.com.au (herein referred to as the ‘Site’).
1.3. Flayr is an online marketplace for customers to request to book makeup and/or hairstyling services and/or products through Flayr’s online platform (‘Service’).
2. The Agreement
2.2. To understand your rights and obligations you need to read all of these documents that relate to you and the Service.
2.3. Please read all the documents carefully before committing to use the Services offered by Flayr. Please retain a copy of these terms for your future reference.
3. Who can apply?
3.1. The Agreement applies if you are at least 18 years old and legally capable of entering into binding contracts. You acknowledge that you possess the legal right and ability to enter into a legally binding agreement with us and agree and warrant to use the Site in accordance with this Agreement.
3.2. If you are entering this Agreement on behalf of a company, business or other legal entity, you represent and acknowledge that you have authority to act on behalf of the company, business or other legal entity and have the authority to bind such entity and its affiliate to this Agreement. In this case, the terms you or Provider shall refer to such entity and its affiliates.
3.3. You must not accept this Agreement and must not use the Service, if you do not have authority to act on behalf of a company, business or other legal entity or do not agree with this Agreement.
3.4 You must be a registered stylist to receive Quote Requests from customers and access other features provided from time to time on our Site.
4. When does the Agreement start?
4.1. When you register as a Provider with Flayr, you will complete an online application(s) to be registered as a freelance Provider with Flayr. The online application(s) will require you to acknowledge that you have read, understood and agree to be bound by this Agreement.
4.2. You may also be provided access to your online profile page and account log in section(s).
4.3. You warrant that the information provided via email correspondence, over telephone conversations and messages, in your online application(s) as well as the online profile page is true, accurate and correct. If any information in your online application(s) and/or your profile page changes, you will promptly notify us in writing within 1 business day.
4.4. The Agreement will then start when Flayr accepts your online application(s) to become a Provider on Flayr.
4.5. Flayr reserves the right to accept or reject your application(s) to register for any reason.
4.6. Flayr also reserves the right to suspend your account or refuse you access to the Service and/or Site (partly or wholly) for any reason or if you breach any of the provisions in the Agreement.
4.7. Once your application has been accepted, you will keep your registration and login details (if applicable) confidential and secure as well as maintaining the accuracy of your online profile page.
4.8. Once Flayr accepts your online application, we will provide the Service to you under the Agreement.
5. Service Description
5.1. Flayr provides an online platform that generates potential leads for Makeup and Hair styling Services and/or Products through our Site (‘Service’).
5.2. Flayr provides the following Service, which includes:
5.2.1. The Site;
5.2.2. Flayr’s order and payment platform;
5.2.3. Other applications to assist you;
5.2.4. All Software, data, reports, text, images, sounds, video and content made available through any of the above.
5.3. If Flayr adds any new features, these new features will also be subject to this Agreement.
5.4. You acknowledge and agree that once you have accepted an order, the contract for fulfilment is created between you and the Customer. Flayr is not responsible for either party’s performance under such contract.
5.5. Flayr does not provide any direct services on the day of the customer’s event or function and you will be solely responsible for completing the makeup and hair styling services and collecting payment from the customer.
5.6. You are responsible for maintaining compliance with any international, federal, state and local laws and regulations relating to the customer’s makeup and hair styling services and/or products they provide or use on you. Flayr takes no liability or responsibility with respect thereto.
5.7. You are responsible for obtaining and maintaining your insurance (including but not limited to workers compensation insurance, public liability insurance etc.).
6.1. Flayr may contact you once it has received a quote request from a Customer (‘Quote Request’). If you are available and agreeable to accept the services outlined in the Quote Request, you can offer your Services and/or Products to the Customer through Flayr by providing the Customer with your price and payment terms for the Quote Request (‘Offer’).
6.2. Flayr is at liberty to send the Quote Request to any other Provider(s).
6.3. Once you have offered your Services and/or Products, you undertake that you have the required skill to perform the Services, are available on the date and time referred to in the Customer’s Quote Request and must personally honour and deliver the Services outlined in the Offer. This is an essential term of this Agreement.
6.4. Further once you have offered your Services and/or Products, your first name, portfolio of work, badges whether you are certified/verified, your customer reviews and statistics are provided to the Customer and you must keep that date and time reserved for the Offer for a minimum of 24 hours. Your contact details are not provided to the Customer at the time of the Offer, and will only be provided if the Customer books your Services and/or Products.
6.5. It is at Flayr’s sole discretion as to the number of Providers, provided to a Customer and when your Offer is shown to the Customer.
6.6. If the Customer accepts your Offer, Flayr will contact you and confirm the booking (‘Booking’). Flayr will request a Deposit from the customer and you acknowledge and accept that Flayr will be paid the Deposit as payment for the Service.
6.7. Once you have confirmed the Booking you acknowledge and undertake to personally complete the Booking on the date and time required. Further you acknowledge and undertake that you will not change the payment terms on the Offer. This is an essential term of this Agreement.
6.8. It is your responsibility to obtain payment from the Customer in accordance with the payment terms outlined in your Offer.
6.9 If for any reason, you are unable to fulfil the Booking pursuant to your Offer, you will immediately notify Flayr, and understand that there will be a cancellation fee, which is $100 or the Deposit, whichever is greater ('Cancellation Fee') and a 1 star review will be placed on your profile. You authorise Flayr to debit your credit card for the Cancellation Fee. This is an essential term of this Agreement.
6.10. Once the Booking is confirmed, we will provide to the Customer, your
6.10.1 contact details; and
6.10.2 any other reasonable details requested by the Customer.
6.11. We will provide you with the Customer’s contact details once the Booking is confirmed. You acknowledge and undertake to keep the Customer’s contact details secure.
6.12. You agree that you are solely responsible for your Services and/or Products and Flayr takes no liability or responsibility with respect thereto.
6.13. You agree that you have and are solely responsible for maintaining any insurance policies (including but not limited to public liability insurance), workers compensation insurance, any Occupational Health and Safety Standards and any other requirements under any law or regulation. This is an essential term of this Agreement.
6.14. You shall be solely responsible for any and all injuries, illnesses, damages, claims, liabilities, losses and costs suffered by or related to or concerning any Customer Booking accepted by you.
6.14A.1 If posting on Instagram/Facebook - "Customer booked though @withflayr"; and/or6.14A.1 If posting elsewhere - "Customer booked through FLAYR."
CONTENT PROVIDED BY YOU TO FLAYR
6.15. Once accepted as a Provider of Flayr, you will be provided with an online profile page on the Flayr Site, your profile information, Services and/or Products, photographs, reviews and statistics are available on Flayr.
6.16. You are solely responsible for providing and maintaining your online profile information, address, contact information, Services and/or Products, images, photographs, inventory and other material (‘Content’) that is available on your online profile page.
6.17. You represent and warrant that you own all your Content and have obtained all required permission, rights and licences to the Content, without violating and infringing any third party’s rights. This is an essential term of this Agreement.
6.18. By using our Site and posting your Content with Flayr, you hereby grant Flayr a non-exclusive, royalty free, irrevocable, fully paid transferable licence to use, modify, reproduce, distribute, display and publish the Content provided by you through our Services. This is an essential term of this Agreement.
6.19. As a Provider of Flayr, you allow Customers to rate your services and/or products and their experience, which will be publically available on the Site. You will not have a right to approve the reviews made on your profile or be provided with the specific Customer’s details. The views, opinions, advice or recommendations posted by customers are not endorsed by Flayr and you acknowledge that Flayr are excluded from all liability for defamation, accuracy, suitability or otherwise of such views, opinions, advice or recommendations. You undertake not to harass any Customer who might provide an unfavourable review.
6.20. You agree to cooperate and provide reasonable assistance to Flayr in promoting and advertising Flayr’s services, including but not limited to using your images, photographs, using your name for marketing or promotional purposes with potential or existing Customers. If you do not wish Flayr, to use your photographs, name or company name as a reference please email: firstname.lastname@example.org.
6.22. We may disclose that information to third parties to help us deliver our Service (including the customer, information and technology supplies, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our Services and/or Products to you.
6.25. You acknowledge and agree that you shall not use the Service in an unlawful manner or purpose or otherwise attempt to gain unauthorised access to the Service.
6.26. You acknowledge that you will use your best endeavours to ensure the integrity and performance of the Service, and will not interfere or disrupt the Service in any way.
6.27. You agree that you are solely responsible and liable for all activities carried out by your use of the Site. This is an essential term of the Agreement.
6.28. You agree that you are solely responsible to ensure that you are legally compliant with any international, federal, state and local laws and regulations relating to the Service you provide and/or the products and it is your responsibility to continue to be compliant with all your legal requirements at all times. You agree that you have independently researched and complied with all international, federal, state and local laws and regulations and have made the required notifications to the relevant authorities and obtained any necessary licenses or permits when required. You agree to indemnify Flayr for any loss we may experience as a result of your violation of any laws and regulations. This is an essential term of the Agreement.
6.29. You acknowledge that any material posted by Flayr on the Site, is only general information and does not constitute legal or accounting advice. You confirm that you have made your own enquiries and have sought independent legal and accounting advice on your legal and accounting compliance and liability issues.
6.30. You shall not assign, sublicence, resell, transfer or otherwise exploit the Service to any third party.
6.31. Flayr has sole and exclusive rights, title and interest in the Service and you acknowledge this and agree to comply with any code of conduct, policies or other notices released by Flayr.
6.32. You are solely responsible for your online profile page, including maintaining your online profile page, contact information, photographs, protecting the confidentiality of your logins and passwords (if applicable) and are accountable for all activities that occur in your online profile page.
6.33. In the event of a dispute between you and a Customer, you hereby release and indemnify us from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute. This is an essential term of the Agreement.
6.34. Flayr reserves the right to and may (but has not obligation) to:
6.34.1. provide technical support services, in accordance with our standard practice, this includes but is not limited to accessing your account to respond to your request for technical assistance, assisting to enhance your online profile page;
6.34.2. become involved in disputes between you and a Customer.
6.35. If you are a competitor of Flayr, you agree not to use the Service or to develop a competing product or service.
6.36. Our website may contain links to website operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked website and have no control over or rights in those linked websites.
6.37. The Site and Service is for your individual use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivate works from, transfer, or sell any Content, software, products or services contained within this Site or provided to you by Flayr. You may not use this website, or any of its Content for any commercial purpose, including any advertising or advertising revenue generation activity on your own website, social media accounts or any other media or distribution means, without Flayr’s prior written consent.
6.38. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Site, including but not limited to:
6.38.1. Any act that would constitute a breach of either the privacy (including private or personal information without an individual’s consent) or any other of the legal rights of individuals;
6.38.2. Using this Site to defame or libel us, our employees, the customer or other individuals;
6.38.3. Uploading files that contain viruses that may cause damage to our property or the property of other individuals;
6.38.4. Posting or transmitting to this Site, any non-authorised material including but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or third party’s systems or network security.
6.39. If we allow you to post any information to our Site, we have the right to take down this information at our sole discretion and without notice.
6.40. You undertake to create a safe environment when you go to a customer to perform makeup and hair styling services including but not limited to:
6.40.1. No alcohol, drugs or smoking in the presence of the customer.
6.40.2. No disorderly behaviour including but not limited to actions that is likely to cause annoyance, or which is racist, obscene, threatening, pornographic or harassing.
6.41. If the customer feels unsafe or threatened in any way, the customer has a right to cancel the Order and a Cancellation Fee may apply.
6.42 You confirm that you will not try to review game, to enhance your reviews on the website.
7.1. Once a Customer has accepted your Offer, Flayr will process a Deposit and Service fee from the Customer to secure the booking.
7.2. The Deposit and Service Fee is a non-refundable payment made by the Customer to Flayr, except to the extent otherwise required by law. The Deposit and Service Fee will not be paid to you and you acknowledge that the Deposit and Service Fee will be paid to Flayr as payment for its Services in obtaining leads for you and other services provided to you from time to time.
7.3. The Customer may choose to elect that the remainder of the payment for the Order, is to be processed online through the Site or alternatively may provide other payment options to you.
7.4. It will be your responsibility to obtain payment from the Customer in accordance with the payment terms in your Offer. Flayr will not be holding any payment or get involved in any payment dispute between you and the Customer.
7.5. If the Customer does not make payment in accordance with the payment terms as outlined in your Offer, it is at your discretion to cancel the Order.
7.6. If a Customer raises a dispute as to your Services/Products, then Flayr reserves its right to be indemnified by you for any Customer Dispute raised by the Customer with Flayr directly and to be indemnified including but not limited to any refund of the Deposit or Service Fee.
7.7. Flayr reserves the right to change our prices and payment structure, and we will notify you regarding the price change. You have a right to terminate this Agreement in accordance with clause 18 if you do not agree to the price change.
7.8. Once you have been notified of the price change/payment structure and the price change/payment structure has come into force, if you continue to use Flayr’s Service then this constitutes your acceptance of the price change/payment structure. If you do not agree to the price change/payment structure, please refer to clause 18 on termination of the Agreement.
7.9. You will not be paid by Flayr and it is your responsibility to obtain payment from the Customer in accordance with the payment terms outlined in your Offer.
7.10. All amounts paid to or deducted by Flayr (for example its Deposit and Service Fee) are non refundable, except to the extent otherwise required by law.
7.11. You shall be responsible for all taxes associated with the use of the Service.
8.1. If a Customer raises a dispute with Flayr as to the quality of the Service and/or Products provided by you, then we may suspend you from the Site, until the matter is investigated by us. We will correspond with you in writing and notify you in writing about the outcome of the investigation.
8.2. Once the outcome of the investigation is finalised, we may require you to indemnify Flayr for any loss suffered as a result of the dispute.
8.3. If the Customer wants a refund, it is at your discretion whether you would like to refund the (i) whole amount (ii) part of the whole amount or (iii) provide no refund.
8.4. Flayr does not get involved in obtaining any cancellation payment from the Customer.
9. Changes to the Agreement
9.1. Subject to clause 7 relating to price changes/payment structure, Flayr may change the Agreement from time to time without prior notice. You can obtain a copy of the latest version of the Agreement at any time on the Site.
9.2. The revised Agreement becomes effective when uploaded onto the Site and if you use the Service or the Site after that date, your use will constitute acceptance of the revised Agreement.
9.3. If you do not agree with the revised Agreement, you must notify us immediately in writing pursuant to clause 18 relating to termination.
10. Special Offers
10.1. At Flayr’s sole discretion, we may propose special offers to you from time to time. You will be provided with written notification of the special offers. If you wish to participate in the special offer, you must notify us in writing to email@example.com.
10.2 For certain campaigns, promotions, offers or contests, additional terms and conditions may apply. If you want to participate in such a campaign, offer, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion, offer or contest. In case of any inconsistency between such terms and conditions and this Agreement, those terms and conditions will prevail.
11. Statistical Information
11.1. At the discretion of Flayr, we may provide you with access to Booking data and statistics of customer bookings.
11.2. Flayr reserves the right to include statistical information on the Site, including but not limited to how well you capture the look, timeliness, reliability and cancellations. It is at Flayr’s sole discretion whether to use the statistical information on your profile.
12. Relationship between Flayr and you
12.1. You acknowledge that you are an independent contractor and are not an employee of Flayr.
12.2. You acknowledge that you are solely responsible for paying taxes including but not limited to income tax, superannuation and any other taxes, as an independent contractor.
12.3. You are free to contract with persons and/or companies other than Flayr.
12.4. You and Flayr are not partners, servants, agents or employees of Flayr.
12.5. You have no authority to bind Flayr to any contract or arrangement and you shall not represent or hold out as an agent or representative of Flayr for any purpose whatsoever.
13. Intellectual Property
13.1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Site and in all material (including all text, graphics, logos, audio and software) made available on this Site or to you (‘IP Content’).
13.2. Your use of this Site and use of and access to any IP Content does not grant or transfer any rights, title or interest to you in relation to this Site or the IP Content. However we do grant you a licence to access the Site and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorized by us and/or our third party licensors.
13.3. Any reproduction or re-distribution of this Site or Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, local or support for publication, reproduction or distribution is expressly prohibited.
13.4. All other use, copying or reproduction of this Site, the Content or any part of it is prohibited, except to the extent permitted by law.
13.5. All intellectual property (including but not limited to the Site and any other Software and Content that Flayr makes available to you) remains exclusively with Flayr and is protected by intellectual property and other laws.
13.6. You shall not copy, modify or otherwise attempt to discover any source code in any software provided by Flayr. This includes allowing authorised access to any third party.
13.7. You are not permitted to use Flayr’s trademarks or logos without the prior written consent of Flayr.
14. Representations and Warranties
14.1. Due to scheduled or emergency maintenance, either by Flayr or a third party, technical reasons or because of other causes beyond our control, the Services may be temporarily unavailable. Where possible, we will try to provide you with previous notice. If the service is unavailable, Flayr is not liable for any loss or damage incurred or suffered by you or any third party.
14.2. The Site and Content are provided on an “as available” basis without any warranties whether express or implied and you acknowledge this when using the Site.
14.3. The information on our Site is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the Site, to the extent permitted by law, we make no warranty regarding the information on this Site. You should monitor any changes to the information contained on this Site.
14.4. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Site or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Site is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
14.5. To the maximum extent permitted by law, we make no warranties or representation about this Site or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Site will be secure.
14.6. Flayr reserve the right to restrict, suspend or terminate without notice your access to this Site, any Content, or any feature of this Site at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
14.7 We do not undertake to keep the Site updated. We are not liable to you or anyone else if errors occur in the information on the Site or if that information is not up-to-date.
15.1. To the maximum extent permitted by law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Site and/or the information or materials contained on it, or as a result of the inaccessibility of this Site and/or the fact that certain information or materials contained on it, or as a result of the inaccessibility of this Site and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
16. Whole agreement
16.1. This Agreement is the whole Agreement between the parties and supersedes all oral and written communications by or on behalf of any of the parties.
16.2. On accepting the Agreement, you acknowledge that you have not relied on any warranty or representation (whether oral or written) in relation to the subject matter of this Agreement made by any person and you have relied entirely on your own enquiries in relation to the subject matter of this Agreement.
17. Governing Law
17.1. This Agreement is governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.
18. Complaints Procedure
18.1. If you have a complaint in relation to either our Site, a Customer or another user for breaching any of these Terms and Conditions, you can send through a complaint to firstname.lastname@example.org. Flayr will use its reasonable endeavours to respond to your complaint within a reasonable time and take reasonable action, which it deems appropriate to resolve or rectify the subject matter of such complaints.
19.1. You have the right to terminate your account by providing written notice within 7 business days by sending through a cancellation request to email@example.com. You may terminate your account with Flayr at your sole discretion.
19.2. If you terminate your account and have future Customer orders to fulfil, we may terminate your contract(s) with Customer(s) and arrange a different Provider(s) to fulfil the contract with the Customer. This termination of future Customer orders will be at Flayr’s sole discretion. You will not be entitled to payment for these Bookings if the future Customer orders are terminated.
19.3.1 If the future customer orders remain with you, or if the customer cancels the booking as a result of you terminating your account, you will be liable to pay us, the Deposit and Service Fee for each future booking.
19.3.2 You will indemnify us any direct and indirect loss, damage or expense as a result of the cancellation of the Customer orders.
19.4. Flayr may terminate your account and this Agreement by providing:
19.4.1. 3 business days prior written notice to the administrative email address associated with your online profile page. Termination of your account can be at the sole discretion of Flayr.
19.4.2. Immediately if you breach any of the terms of this Agreement.
19.5. Flayr reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof).
19.6. Flayr’s accrued rights to payment shall survive termination of this Agreement.
20. Customer Details the Property of Flayr
20.1. You agree that you will not, either directly or indirectly, do or attempt to do any of the following:
20.1.1. Entice, induce, contact or encourage a customer to transfer or remove his/her business from Flayr;
20.1.2. Solicitor or accept business from a customer introduced to you by Flayr, without Flayr’s prior written approval.
20.1.3. This is an essential term of the Agreement.
20.2. You acknowledge that any further services requested by a Customer introduced to you by Flayr, need to be processed through Flayr’s online platform. This is an essential term of the Agreement.
20.3. Please contact Flayr to process any further services by a Customer.
21. Essential Terms
21.1 The essential terms of the Agreement are indicated as essential terms in this Agreement.
21.2 If you breach the Essential Terms Flayr serves its right to immediately terminate this Agreement in accordance with clause 19.3.2 above.
22.1 You must indemnify and keep indemnified Flayr and its officers, directors, employees and agents against all claims, liabilities, losses, damages or injury arising from or related to any Quote Request, Quote(s) and/or Customer Booking that you accept, made upon or against Flayr, arising out of or in any way connected with:
22.1.1 The Services and/or goods and/or products provided in connection with the Quote Request, Quote(s) and/or Customer Booking provided by you or your staff, or both
22.1.2 Any act done or omitted to be done by you and/or your staff, or both; or
22.1.3 Without limitation, any failure by you or your staff, to comply with the requirements of any statute or regulation relating to the provision by you of the services or any other obligation on part of you under this Agreement.
22.1.4 This is an essential term of the Agreement.
23.1 If any part of this agreement is invalid or unenforceable, this Agreement will not include it and the remainder of this Agreement continues in full force.
24.1 A communication required by this Agreement, by a party to another, must be in writing and sent by email to the listed email address, when it will be treated as received on that day.