NOIR EN BLANC OFFICIAL CUSTOMER TERMS & CONDITIONS FOR BOOKINGS EFFECTIVE FROM 1 JANUARY 2018
1. About Noir en Blanc Official’s Terms & Conditions
1.1. These are the standard Terms & Conditions for Noir en Blanc Official ABN 67282312957 (herein referred to as 'Noir en Blanc Official' ) to provide the Services as listed below to a Customer (herein referred to as ‘you’ ).
1.2. The Services will be available to you through the Noir en Blanc Official’s website located at www.noirenblancofficial.com (herein referred to as the 'Site' ).
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 ordering Services and/or Products offered by Noir en Blanc Official.
3. When does the Agreement start?
3.1. When you place a Quote/Estimate Request with Noir en Blanc Official, you have accepted the Agreement.
4. Service Description
4.1. Noir en Blanc Official provides you with an online platform to browse through services for hair, makeup, hair, eyes, brows, cosmetic injectables, hands, feet, styling, body scrubs, waxing, officiant, planner, photography, videography, musicians, master of ceremony, DJ, music bands, interior décor, venue, lighting, rental chairs, wedding planner; collectively known as “beauty industry services” and/or products (‘Service’)from a variety of Providers from various locations and businesses (collectively called the ‘Service Provider(s)’).
4.2. Noir en Blanc Official provides the following Service, which includes:
4.2.1. The Noir en Blanc Official Site;
4.2.2. Noir en Blanc Official’s order and payment platform;
4.2.3. Noir en Blanc Official’s email newsletter; and
4.2.4. All Software, data, reports, text, images, sounds, video and content made available through any of the above.
4.3. If Noir en Blanc Official adds any new features, these new features will also be subject to this Agreement.
4.4. Noir en Blanc Official does not provide any direct services on the day of your event or function and the beauty industry services will be provided by the Service Provider(s).
4.5. The Service Provider(s) are responsible for maintaining compliance with any international, federal, state and local laws and regulations relating to their beauty industry services and/or products they provide to or use on you. Noir en Blanc Official takes no liability or responsibility with respect thereto.
4.6. The Service Provider(s) are responsible for obtaining and maintaining their individual ABNs and insurance (including but not limited to public liability insurance).
5.1. Noir en Blanc Official will list the beauty industry services and/or products available on its Site by Service Provider(s).
5.2. If you are interested in booking a beauty industry services and/or product(s), then you can submit an estimate request online through the Site (‘Request Service’) also interchangeably known as (Quote and/or Service Quote).
5.3. You acknowledge that responding to a Request(s) Service is at the discretion of Noir en Blanc Official and the Service Provider(s).
5.4. Within 48 hours of receiving your Request Service, Noir en Blanc Official may provide you with quote(s) from Service Provider(s) (‘Quote(s)’). It is solely at the discretion of Noir en Blanc Official how many Quote(s) are submitted for your consideration.
5.5. The Quote(s) are provided to you on a non-exclusive basis, meaning no reservation is held until payment has been made, for the booking to be confirmed.
5.6. If you would like to proceed with a Quote(s), you will need to confirm your order with Noir en Blanc Official and make payment of the deposit (‘Deposit’) and service fee (‘Service Fee’) listed in the Quote(s). The Quote(s) will detail when the remainder of the payment is required for each individual Service Provider(s).
5.7. The Deposit and Service Fee is non-refundable and non-transferable and is paid to Noir en Blanc Official and not the Service Provider(s).
5.8. Payment of the Deposit and Service Fee can be made through the Site by either by xx and is non refundable and non-transferable.
5.9. The Quote(s) will detail the payment terms required by the Service Provider(s).
5.10. You will receive an email confirming the order once payment of your Deposit and Service Fee has been received by Noir en Blanc Official(‘Order’).
5.11. Once you receive email notification confirming the Order, cancellation of the Order would mean that:
5.11.1. The Deposit and Service Fee is non refundable and non-transferable;
5.11.2. If the remainder of the payment has been made to the Service Provider(s), it is at the Service Provider(s)’ discretion whether a refund will be provided to you.
5.12. You agree that you are solely responsible for entering the correct date, service and/or product(s) that you require for your Order.
5.13. You agree that by using the Site, you understand and acknowledge that Noir en Blanc Official provides you with an online platform to browse services and/or products for events and therefore Noir en Blanc Official:
5.13.1. Does not warrant or guarantee that you will find a suitable service, product or satisfy any other requirement(s).
5.13.2. Does not accept responsibility for any service provided by the Service Provider(s).
5.13.3. Does not accept responsibility for any product(s) used and/or provided by the Service Provider(s).
5.13.4. Does not warrant or guarantee the status of any Service Provider(s) as a business or that they are compliant with any laws and regulations.
5.13.5. Will not be liable for any and all injuries, illnesses, damages, claims, liabilities, losses and costs suffered by or related to the services and/or products used or provided by the Service Provider(s).
PROVIDED BY YOU TO NOIR EN BLANC OFFICIAL
5.15. You will be provided the opportunity to review and rate the Services and/or Products provided by the Service Provider(s) (‘Review’).
5.16. You understand and acknowledge that by providing a Review, Noir en Blanc Official may make the Review publicly available on the Site. You acknowledge that the views, opinions, advice or recommendations posted by you are not endorsed by Noir en Blanc Official and you acknowledge that Noir en Blanc Official are excluded from all liability for defamation, accuracy, suitability or otherwise of such views, opinions, advice or recommendations.
5.17. If you are at least 18 years of age, 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.
5.18. If you are 13 or older but under the age of 18 years, you represent that you have reviewed this Agreement with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a ‘Minor’) to use the Site, you agree to
5.18.1. Exercise supervision over the Minor’s use of our Site
5.18.2. Assume all risks associated with the Minor’s use of the Site, including the transmission of content or information to and from third parties via the internet.
5.18.3. Ensure that the content and information that the Minor may encounter on our Site are suitable for the Minor.
5.18.4. Assume liabilities resulting from the Minor’s use of our Site and Services
5.18.5. Ensure the accuracy and truthfulness of all information submitted by the Minor; and
5.18.6. Provide the consents contained in this Agreement on behalf of the Minor.
5.19. We assume that the Minor’s parent’s or guardian’s permission has been provided and will provide access to our Site on this basis.
5.20. 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 Site.
5.21. You acknowledge that you will use your best endeavours to ensure the integrity and performance of the Service and/or Site, and will not interfere or disrupt the Service and/or Site in any way.
5.22. You agree that you are solely responsible and liable for all activities carried out by your use of the Site.
5.23. You acknowledge that any material posted by Noir en Blanc Official on the Site, is only general information. You confirm that you have made your own enquiries and have sought independent legal advice on legal compliance and liability issues (if required).
5.24. You shall not assign, sublicense, resell, transfer or otherwise exploit the Service and/or Site to any third party.
5.25. Noir en Blanc Official reserves the right to and may (but has no obligation) to:
5.25.1. Provide technical support services, in accordance with our standard practice, this includes but is not limited to accessing your Order to respond to your request for technical assistance;
5.25.2. Become involved in disputes between you and a Service Provider(s).
5.26. If you are a competitor of Noir en Blanc Official, you agree not to use the Service and/or Site or to develop a competing product or service.
5.28. We may disclose that information to third parties to help us deliver our services (including the Service Provider(s), 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.
5.31. 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 websites and have no control over or rights in those linked websites.
5.32. The Site and Service is for your personal, non-commercial 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. 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.
5.33. 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:
5.33.1. 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;
5.33.2. Using this Site to defame or libel us, our employees, the Service Provider(s) or other individuals;
5.33.3. Uploading files that contain viruses that may cause damage to our property or the property of other individuals;
5.33.4. 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.
5.34. 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.
5.35. You undertake to provide the Service Provider(s) with a safe environment when they come to you to perform beauty industry services including but not limited to:
5.35.1. A safe set up area for their equipment.
5.35.2. Access to bathroom facilities and water.
5.35.3. No alcohol, drugs or smoking in the presence of the Service Provider(s).
5.35.4. No disorderly behaviour including but not limited to actions that is likely to cause annoyance, or which is racist, obscene, threatening, pornographic or harassing.
5.36. If the Service Provider(s) feel unsafe or threatened in any way, the Service Provider(s) has a right to cancel the Order and payment of the total Order is non-refundable and non-transferable and non-transferable.
6.1. Payments to secure the booking are processed online through the Site either by xx and is paid to NOIR EN BLANC OFFICIAL and not the Service Provider(s).
6.2. Service Provider(s) 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.
6.3. The Quote(s) will detail the payment terms required by the Service Provider(s) and if payment is not made in accordance with the Service Provider(s)’ payment terms as outlined in the Quote(s), it is at the discretion of the Service Provider(s) to cancel the Order and your Deposit and Service Fee are non-refundable and non-transferable.
6.4. If after the Order is confirmed, you change any of the information on the Quote(s) (including but not limited to changing the number of people, services required, time, address etc.), then the stylist reserves the right to cancel the Order. The Deposit and Service Fee are non-refundable and non-transferable.
6.5. Except for the circumstances outlined in clauses 5.36, 6.3 and 6.4, if the Service Provider(s) cancels the Order or changes the time on the Quote(s), your Deposit and Service fee are refunded to you.
7. Disputes7.1. If a dispute arises between you and any Service Provider(s), you should correspond with the Service Provider(s) directly to resolve the dispute.
8. Changes to the Agreement8.1. Noir en Blanc Official 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. Special Offers9.1. At Noir en Blanc Official’s sole discretion, we may propose special offers to you from time to time.
10. Intellectual Property10.1. 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 (‘Content’)
11. Representations and Warranties11.1. Due to scheduled or emergency maintenance, either by Noir en Blanc Official 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, Noir en Blanc Official is not liable for any loss or damage incurred or suffered by you or any third party.
12. Liability12.1. 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.
13. Whole agreement13.1. 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.
14. Governing Law14.1. This Agreement is governed by the laws of Western Australia, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia, Australia.
15. Complaints Procedure15.1. If you have a complaint in relation to either our Site, a Service Provider(s) or another user for breaching any of these Terms and Conditions, you can send through a complaint to firstname.lastname@example.org. Noir en Blanc Official 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.
16. Indemnity16.1. You must indemnify and keep indemnified Noir en Blanc Official 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 Order that you place, made upon or against Noir en Blanc Official, arising out of or in any way connected with:
17. Severance17.1. 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.
18. Notices18.1. A communication required by this Agreement, by a party to another, must be in writing and sent by email to email@example.com, when it will be treated as received on that day.