Ella Baché at Home Terms and Conditions

Ella Baché At Home

Introduction

  1. Ella Baché At Home is a Platform that enables you, the customer, to experience Ella Baché Beauty Services at home or in other non-salon locations.
  2. The Platform and the Ella Baché Beauty Services offering is in trial phase.  
  3. The Platform enables you to request and book an Ella Baché Therapist to provide Beauty Services.
  4. Each Therapist is a qualified Beautician and has entered into an employment agreement with Ella Baché to access and use the Platform in order to connect with you and other users of the Platform.
  5. The Platform is intended solely for persons who are 18 years of age or older. By accessing or using the Platform you represent and warrant that you are 18 or older.  
  6. These Terms govern your use of the Platform including the software, Mobile Application and the Website, and forms a binding contractual agreement between you and Ella Baché, under which Ella Baché agrees to provide you with access to the Platform and you agree to the obligations in these Terms.  
  7. For that reason these Terms are important and you should ensure that the Terms are read carefully. By using the Platform you acknowledge and agree that you have had sufficient chance to read and understand the Terms and agrees to be bound by them. If you do not agree to the Terms, you must not use the Platform in any way.  

Definitions

In these Terms:

Beauty Services means one or more of the services provided per the standard menu of services as may be available from time to time, as provided by a Therapist in accordance with these Terms.

Therapist means an individual (including a person trading under a business name), approved by Ella Baché to use the Platform and perform Beauty Services.

Booking means an accepted Booking Request (which can be extended by you after the Therapist has accepted the Booking Request) for the provision of a Beauty Service which has been processed on the Platform and communicated to the Therapist via the Platform.

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

Booking Request Details means the details you have entered into the Booking Request including the details of the Property, the requested time and date of the Beauty Service, the type of Beauty Service required, the preferred gender of the Therapist, preferred Service Time and your contact details.

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

Notification means an electronic notification sent to the email address or mobile phone number registered on the User Profile.

Booking Cancellation means a decision made by the Therapist to cancel a Booking the Therapist can no longer attend by clicking the “Cancel Booking” function on the Platform.

Booking System means the online booking system on the Platform used to make a Booking Request in accordance with this document.  

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

Ella Baché or we or us means Hallas Trading Company Pty Ltd (ABN: 17 001 708 925).

Ella Baché Network means the database of Therapists located on the Platform.

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

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

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

Equipment means equipment required by the Therapist to complete the Beauty Service.

Beauty Services Fee means the amount inclusive of GST displayed on the Platform as being payable by you on the acceptance of a Booking Request which can be subject to change if you extend the Booking Time of the Beauty Services or add an additional Beauty Services to your Booking.

Service Time means the length of time required for the Therapist to perform the Beauty Services you have added to your Booking.

Mobile Application means the apple or android app titled ‘Ella Baché At Home’ owned by Hallas Trading Co Pty Ltd.

Onboarding means the registration process on the Platform.

Payment Method means a direct bank transfer, debit card, credit card, PayPal or Apple Pay.

Platform means the suite of software applications including the Support that enables you to book a Beauty Services offered via the Mobile Application or the Website.

Property means the location chosen by you for the Therapist to provide the Beauty Services.

Rebooking Request means a Booking Request made by you offered to a Specific Therapist.

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

Specific Therapist means a specific Therapist you have used before as requested in a Rebooking Request.

Support means the technical support, resources and information, payment and maintenance services for the Platform and updates to the Platform software that Ella Baché may make generally available to you and the Therapist.  

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

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

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

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

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

Website means the website at the domain name www.ellabache.com.au (or such other domain name as Ella Baché may use in relation to the Business from time to time).

 

Terms of Use

  1. Upon your registration of your User Profile on Ella Baché’s At Home Platform, Ella Baché grants to you a revocable, non-exclusive, non-transferrable licence to:
  • use and access the Platform on your personal device solely for the permitted use of making Booking Requests on these Terms.
  • view the Website and the Mobile Application;
  • print pages from the Website and the Mobile Application in its original form; and
  • download any material from the Website and Mobile Application for caching purposes only.
  1. You acknowledge and agree that:
  • The Ella Baché At Home Platform is in trial phase.
  • Ella Baché provides the Platform and the Support to facilitate the interaction between you and the Therapist, including the invoicing and processing of the Beauty Services Fee;
  • any Third Party Sites are not controlled by Ella Baché and do not form part of the Platform. You agree that you will not hold Ella Baché liable or in any way accountable for anything that occurs on any Third Party Site; and
  • you enter into these Terms and use the Platform entirely at your own risk.

Term

  1. These Terms commence on the date you access and use the Platform.
  2. Ella Baché periodically reviews the Terms and reserves the right to amend the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website and Mobile Application, regularly as any changes to the Terms take immediate effect from the date of the publication on the Website and Mobile Application. The continued access and use of the Platform constitutes your consent to be bound by these Terms, as amended from time to time.
  3. These Terms continue in force unless and until terminated in accordance with these Terms.
  4. You acknowledge that post trial phase, the relationship between Ella Baché and the Therapists may no longer be an employment relationship, and accept that you will refamiliarise yourself with the changes in Terms of Use that may arise.

 

Personal Information & User Profile

  1. To make a Booking Request, you must create and register a User Profile in the manner described on the Platform.  
  2. You will be issued with a username and password which will be linked to your User Profile. The username and password are personal to you and are not transferable.
  3. You are responsible for all information posted on or transmitted via the Booking System by anyone using your username and password and any payments due for the Beauty Service acquired through the Booking System by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.
  4. You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms.
  5. You acknowledge and agree that all information supplied by you in using the Platforms and the Booking System will be true and accurate at all times.
  6. Ella Baché may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.

 

Booking System

  1. You must use the Booking System to make a Booking Request.
  2. Once you have submitted the Booking Request Details on the Platform, the Booking Request Details will be made available on the Ella Baché Network where an available Therapist can view and then accept the Booking Request.
  3. On acceptance of a Booking Request, the Platform will:
    • send a Notification confirming your Booking;
    • deduct the Beauty Fee from the Payment Method registered on the User Profile; and
    • send, on behalf of the Therapist, a tax invoice/receipt to your email address registered on the User Profile.
  4. The Beauty Services Fee is the amount specified on the Platform for the Beauty Service and is determined by the Beauty Time and location of the Property.  
  5. You acknowledge that the Beauty Fee may be subject to change from time to time and Ella Baché is under no obligation to notify you of the change.  
  6. The Platform provides you with a function to make a Rebooking Request for a Specific Therapist however this is subject to the availability of the Specific Therapist.
  7. If the Specific Therapist is unavailable, your Rebooking Request will convert into an ordinary Booking Request and processed in accordance with these Terms of Use.
  8. If the accepted Therapist Cancels the Booking, the Platform may allocate an alternative Therapist for the Booking. If an alternative Therapist cannot be arranged, you will receive a Notification notifying you that there is no Therapist available and a new booking time and date is to be made on the Platform.
  9. You will receive a refund of the Beauty Fee if a new booking time and date cannot be made on the Platform.
  10. You acknowledge and agree that:
    • you are not permitted to engage the Beauty Service of a Therapist other than through the use of the Platform;
    • the Platform is to be used by you for the purpose of making a Booking Request, and for no other purposes;
    • any speculative, false or fraudulent Booking Request is prohibited;
    • the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorised to act; and
    • abuse of the Booking System may result in you being denied access to the Platform.
  11. Ella Baché is entitled, at its discretion:
    • to stop making the Platform available to you without notice, and without providing any reason; and
    • to add, change or withdraw functions available on the Platform.

Payment

  1. You agree that at the time of your first Booking, your payment details will be transferred to Ella Baché’s secure payment gateway.
  2. Upon the acceptance of a Booking Request by a Therapist, Ella Baché will take, on behalf of the Therapist, the Beauty Services Fee pursuant to the Booking. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
  3. If you are making a recurring Booking, Ella Baché will take the initial Beauty Services Fee for the Beauty Service immediately, and all recurring payments 3 days before the anniversaries of the initial payment. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
  4. If you are entitled to a refund of the Beauty Services Fee, Ella Baché will process the refund within 48 hours of the right to the refund arising.

Changes and Cancellations

  1. You may make changes to the Booking, or cancel the Booking with a refund (refunds will be processed within 5 business days) of the Beauty Services Fee, provided that such amendment or cancellation is made:
    • within one (1) hour of the Booking Request being accepted; or
    • more than twenty-four (24) hours before the scheduled Booking;
    • charge you a cancellation fee equivalent to fifty (50%) percent of the value of the relevant Beauty Services Fee if you cancel or amend the Booking:
      • more than one (1) hour after the Booking Request has been accepted; or
      • less than twenty four (24) hours before the scheduled Booking but with at least four (4) hours’ notice;
      • charge you a cancellation fee equivalent to the relevant Beauty Services Fee if you cancel or amend the Booking:
      • less than four (4) hours before the scheduled Booking; and
      • more than one (1) hour after the Booking Request has been accepted.
  1. The following will occur if the Therapist is unable to fulfil a confirmed Booking (in full or part):
    • you will be prompted to enter a new time and date for the Booking Request;
    • if there is no suitable time and date, you will be given the option to cancel the Booking and a refund will be made to your payment method registered on the User Profile.

Beauty Service

  1. Ella Baché does not make any representations as to:
    • the safety or quality of the Beauty Service provided by the Therapist; or
    • the safety or quality of the Beauty Services Equipment used by the Therapist during the Beauty Service; or
    • the condition or description of any products used by the Therapist during the Beauty Service.
  2. Any issues regarding safety, quality, condition or description will be sent to Ella Baché through the Platform and passed onto the Therapist that completed the Booking.
  3. The Beauty Services offered by the Therapists on the Platform are strictly therapeutic. Any suggestions or comments by you that are in sexual nature before, during or after the Booking, will result in termination of the Booking and suspension of your account in accordance with the terms of this document with no refund, and will be reported to the appropriate authorities as a matter of sexual harassment.
  4. Ella Baché guarantees that the Therapists have approved qualifications to be a Beauty Services therapist. Each Therapist must compete an approved Onboarding process to receive access to the Platform and can be removed from the Ella Baché Network at any time.

Termination

  1. Ella Baché may at its discretion terminate your use of, or access to, the Platform at any time.
  2. If your use of the Platform is terminated:
    • you will receive a Notification confirming your termination;
    • you will no longer be authorised to access the Platform or use any other services or products owned by Ella Baché;
    • the email address you used to register with the Platform or any other email address you possess will not be authorised to access the Platform or any other services or products owned by Ella Baché;
    • you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
    • all licences granted to you and all disclaimers by Ella Baché and limitations of Ella Baché’s liability set out in the Terms or elsewhere on the Platforms will survive termination.
  3. You may terminate these Terms at any time by emailing Ella Baché at admin@ellabache.com.au. Ella Baché will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.
  4. Ella Baché reserves the right to deduct any outstanding fees and charges owing to Ella Baché and/or the Therapist on your User Profile prior to disabling your User Profile.

Dispute Resolution

You acknowledge and agree to:

  1. Attempt to resolve any disagreement with the Therapist in a timely manner.
  2. Inform Ella Baché of any Dispute between you and a Therapist.
  3. Ella Baché will assist where necessary to mediate any Dispute between you and a Therapist;

Security of Payment

  1. We have taken all practical steps from both a technical and systems perspective to ensure that the payment details registered on the User Profile are well protected.
  2. A secure payment gateway is used to process all transactions and credit card details.
  3. Ella Baché does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.

Privacy

  1. In this clause Personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably ascertained, from the information or opinion.
  2. The Platform collects and stores Personal Information you enter into the User Profile. Personal Information collected on the Platform will be maintained in accordance with our Privacy Policy available on the ellabache.com.au.
  3. You agree that the Platform will disclose your Personal Information, including your name and address to the Therapist in order for the Therapist to complete the Booking.
  4. You must abide by all relevant Australian Privacy Principles set out in the Privacy Act 1998 in their collection, use, disclosure and storage of Personal Information.

Intellectual Property

  1. Nothing in these Terms constitutes a transfer of any Intellectual Property Rights on the Site Content. You acknowledge and agree that, as between you and us, we own all Intellectual Property Rights on the Site Content, the Platform, the Website and the Mobile Application.
  2. By posting or adding any content onto the Platform, the Website or the Mobile Application you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
  3. The Site Content is protected by copyright and Ella Baché reserves all Intellectual Property Rights which may subsist in the Site Content and the Platform.
  4. You must not, without Ella Baché’ prior written consent which may be withheld at its absolute discretion:
    • copy, republish, reproduce, duplicate or extract Site Content;
    • redistribute, sell, rent or licence any Site Content; or
    • edit, modify or vary the Site Content.

Acceptable Use

  1. You must not use, or cause the Platform to be used, in any way which:
    • breaches any of these Terms;
    • infringes Ella Baché’ or any third party’s Intellectual Property Rights;
    • is fraudulent, illegal or unlawful; or
    • causes impairment of the availability or accessibility of the Platforms.
  2. You must not use, or cause this Platform to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
    • spyware;
    • computer viruses;
    • Trojans;
    • worms;
    • keystroke loggers; or
    • any other malicious computer software.
  3. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform. In connection with your use of the Platform, you will not assist or enable others to:
    • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies or standards;
    • use the Patform or collect the contents on the Platform for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Ella Baché endorsement, partnership or otherwise misleads others as to your affiliation with Ella Baché;
    • copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Platform in any way that is inconsistent with Ella Baché’ Privacy Policy or these Terms or that otherwise violates the privacy rights of any user of the Platform or third parties;
    • use the Platform in connection with the distribution of unsolicited commercial messages;
    • contact another User for any purpose other than asking a question related to your Booking, Therapist, or User, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
    • use the Platform to request, make or accept a booking independent of the Platform, to circumvent any Beauty Services Fee or for any other reason;
    • request, accept or make any payment for Beauty Services outside of the Platform. If you do so, you acknowledge and agree that you:
      • would be in breach of these Terms;
      • accept all risks and responsibility for such payment made outside of the Platform; and
      • hold Ella Baché harmless from any liability for such payment
    • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
    • use, display, mirror or frame the Platform or collect the contents on the Platform, or any individual element within the Platform, Ella Baché’ name, any Ella Baché trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Ella Baché platform, without Ella Baché’ express written consent;
    • dilute, tarnish or otherwise harm the Ella Baché brand in any way, including through unauthorized use of the content on the Platform, registering and/or using Ella Baché or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Ella Baché domains, trademarks, taglines, promotional campaigns;
    • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
    • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Ella Baché or any Therapist or any other third party to protect the Ella Baché platform;
    • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
    • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform.

Indemnity and Liability

  1. General Indemnity: You agree to indemnify Ella Baché, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which Ella Baché may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of these Terms.
  2. General Limitation of Liability: We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents or use of or reliance on Site Content or otherwise in connection with the Platform.
  3. Beauty Services Liability: To the extent permitted by law, Ella Baché will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) the Beauty Service.
  4. Information Accuracy: You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by you or other users of the Platform or Website, and that Ella Baché does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
  5. Acceptance: By using this Platform, you agree and accept that the indemnity and limitations of liability provided in these Terms of Use are reasonable.

Warranties and Representations

  1. The use of this Platform is at your own risk. The Site Content and everything from the Platform is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.
  2. None of Ella Baché’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Site Content or Platform.

General Provisions

  1. Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
  2. Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
  3. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
  4. These Terms shall be governed by and construed in accordance with the law for the time being applicable to New South Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.