Terms & Conditions

Last updated: January 2019

This app and website is owned and operated by Ventures Online. By accessing and/or using this app and related services, you agree to these Terms and Conditions. You should review these Terms carefully and immediately cease using our app if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means Ventures Online and our related businesses.

Our mobile, web applications and related online services enable you to search, view, navigate and book service appointments (Booking Service) with our partnered professional service providers (Service Providers).

We provide our Booking Service, subject to these Terms (as amended from time to time).

PART A

The following section applies if you are a Customer.

Registration

You do not need to be a registered member to use much of the functionality of our app or website or to access much of the information regarding the Service Providers. However, you must register in order to book an appointment with a Service Provider. We reserve the right to decline a new registration or to cancel an existing registration at any time.

When you register and activate your account, you may be asked to provide us with personal information such as your name, email address, telephone number and postcode. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, you must also create a password. You are responsible for keeping this password secure and are responsible for all use and activity carried out using this password.

If you are under the age of 18 years, you may not create an account or register as a member.

Booking appointments

When you book an appointment with a Service Provider through the Booking Service, you will be prompted to choose a service and preferred appointment date and time. Upon submitting your appointment booking, you will receive a confirmation of the booking via email. The Service Provider has the right to contact you to confirm or change your booking. We do not guarantee availability of appointment times when you book with a Service Provider using the Booking Service.

Some service providers may require a payment at the time of booking. If so you will be able to make the payment directly to the Service Provider as part of the Booking Service.

If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold appointments with the Service Provider.

The price of a Service Provider’s services and other charges shown are in Australian dollars and are current at the time of display, but may be subject to change.

Bookings made through our Booking Service are redeemable for certain goods, services or experiences offered by, or facilitated through, the Service Provider identified on the appointment details. The Service Provider is solely responsible for providing that service.

The Service Provider is the issuer of the offer and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (Liabilities) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the appointment booking or not. You release and indemnify us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from and against any Liabilities arising from or related to any act or omission of a Service Provider in connection with your use of an appointment or the services/goods it provides in connection with it.

You acknowledge that we do not warrant the standard or performance of any service offered or provided by a Service Provider or that any Booking Service will fulfill your expectations or requirements.

Each Service Provider will have their own applicable terms and conditions in relation to the supply of their goods and services. You agree to (and will) abide by those terms and conditions. The responsibility to do so is yours alone.

In Australia, goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

Cancellations and Refunds

If you wish to cancel an appointment booked with a Service Provider using our Booking Service, you should do so, however you must do so in accordance with that Service Provider’s individual cancellation policy.

If you fail to cancel your appointment in accordance with that Service Provider’s individual cancellation policy, you may still be charged the full amount of your appointment. Each Service Provider may, at its sole discretion, choose to honour your payment for use at a later date and/or time.

PART B

The following section applies if you are a Service Provider.

Appointment means a professional services appointment offered by the Service Provider using the Booking Service;

Book means the process by which a Customer books an Appointment using the Booking Service as determined by us from time to time and Booked / Booking have corresponding meanings;

Customer means the end-customer who Books any Appointment(s) using the Booking Service.

Commissions

We do not charge commission.

Your monthly (flat rate) subscription is the only charge for using our service.

Taxes

In this clause, a word or expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the meaning given to it in that Act.

Any money paid to us by the Service Provider is inclusive of any GST payable.

The Service Provider acknowledges that it is registered for GST and the Service Provider agrees to notify us immediately if it ceases being registered for GST at any time.

The Service Provider agrees to provide us with its valid ABN.

We acknowledge that we are registered for GST.

Marketing Activities


The Service Provider must ensure any promotional, advertising or other material(s) it distributes (in any format) which refers to us or the Booking Service, or any such material(s) which the Service Provider makes available to us for promotion through the Booking Service:

(a)            does not contain any misrepresentations or warranties relating to us or the Booking Service;

(b)        complies at all times with all relevant advertising standards and applicable laws (including without limitation, spam and consumer protection laws); and

(c)            does not contain any offensive, misleading, derogatory, harmful, infringing or unacceptable content.

Communications

The Service Provider consents to our use of any information the Service Provider supplies to us, for the purposes of providing notifications, offers, marketing or promotions concerning or related to the Service Provider’s services and/or the Booking Service.

Intellectual Property Rights

Nothing in these Terms constitutes, or shall result in, a transfer of any intellectual property rights belonging to us to the Service Provider. We retain all right, title and interest in the Booking Service app and website.

Licence of Marks

The Service Provider grants to us a non-exclusive, transferable, royalty-free, limited licence to use certain trademarks, logos or service marks (whether registered or not) belonging to the Service Provider (if any) for the purpose of promoting the Service Provider’s services through the Booking Service.

Service Provider’s Indemnity

The Service Provider agrees to indemnify, keep indemnified and hold us harmless from and against any and all actions, claims, proceedings, losses, damages, costs and expenses (including legal fees and expenses on a solicitor/client basis) and other liabilities of whatever nature, whether foreseeable or not, and whether direct or indirect, incurred by us in respect of any claim (i) by a third party arising in connection with this Part B (except to the extent such a third party claim arises as a direct result of our breach of this Part B), or (ii) arising in connection with the Service Provider’s breach of this Part B.

Our Liability

To the maximum extent permitted by law, all conditions, warranties and guarantees expressed or implied by any legislation, the common law, equity, trade, usage or otherwise in relation to the supply of services under this Part B or otherwise in connection with this Part B, are expressly excluded.

To the maximum extent permitted by law, the Service Provider agrees that we have no liability to the Service Provider, any Customer or any third party for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this Part B.

Certain provisions of the Competition and Consumer Act 2010 (Cth) and other statutes, rules and regulations in Australia may imply certain non-excludable warranties or conditions or mandate certain statutory guarantees. To the extent that they are not permitted to be excluded, our liability for breach of such conditions, warranties or guarantees and the Service Provider’s sole and exclusive remedy in relation to such breaches shall be limited to:

(i)          in the case of goods, at our option:

(A)            replacing or repairing those goods, or supplying of equivalent goods; or

(B)            paying the cost of replacing or repairing goods or of acquiring equivalent goods; and

(ii)        in the case of services, at our option:

(A)            supplying the services again; or

(B)            paying the cost of having the services supplied again.

PART C

The following section applies to anyone using this website or the Booking Service.

Collection Notice

We collect personal information about you in order to provide you with personalised and relevant information regarding the Booking Service, and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our Booking Service (including information technology suppliers, 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 our Booking Service to you. We may also disclose your personal information to recipients that are located outside of Australia. Where practicable, we will inform you about where your information is sent. However, at all times we will ensure compliance with the Australian Privacy Principles in relation to any off-shore transfer of your information.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us on the details below.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended only 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 our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

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 website or a linked website. You must take your own precautions to ensure that whatever you select for use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or Booking Services, or the information, products or services described therein. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

Your continued use of the website or Booking Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the website or Booking Service.

Mobile Services

The Booking Service includes certain services that are available via a mobile device, including the ability to browse the Booking Service and the website from a mobile device (Mobile Services). To the extent you access the website through a mobile device, your mobile service carrier's standard charges, data rates and other fees may apply. In addition, downloading or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

By using the website or app, you agree that we may communicate with you regarding us and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Linked sites

Our website may contain links to websites 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.

Intellectual property rights


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 website and app and in all of the material (including all text, graphics, logos, audio and software) made available on this website and app (Content).

Your use of this website and app and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and app and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or app, the Booking Service or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Booking Service the Content or any part of it is prohibited, except to the extent permitted by law.

Unacceptable activity

In using this website, you must not do any act that we deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

(i)          any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

(ii)        using this website to defame or libel us, our employees or other individuals;

(iii)       uploading files that contain viruses that may cause damage to our property or the property of other individuals;

(iv)       posting or transmitting to this website 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 a third party's systems or network security.

If we allow you to post any information to our website or app, we have the right to take down this information at our sole discretion and without notice.

Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website 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 website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, the Booking Service, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability

To the maximum extent permitted by law, including the Australian Consumer 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 the Booking Service, our website and/or the information or materials contained therein, or as a result of the inaccessibility of the Booking Service or this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Jurisdiction and Governing Law

These Terms and your use of the Booking Service., app or website are governed by the law of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland, Australia.
 
Contact

Ventures Online

Email: admin@venturesonline.com.au