Terms & Conditions

1. DEFINITIONS
1.1. “Agreement” means the agreement and these terms and conditions. It includes these terms, any covering letter, quotation, estimate and any other document that refers to these terms.
1.2. “BSSR” means Body & Soul Spa Retreat – Mt Cotton Pty Ltd (ACN 153 728 717) and any of its direct employees.
1.3. “Appointment” means the date and time which the Client has booked in advance for the appointment.
1.4. “Claim” means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise.
1.5. “Client” means the client set out in any quotation, fee estimate, offer or other document provided by BSSR (or, in the absence of such information, the client who made the booking).
1.6. “Gift Voucher” means a pre purchased voucher which provides the use of the Gift Voucher with services to the value of the Gift Voucher.
1.7. “Goods” means any goods associated with the provision of services.
1.8. “Group Booking” means any booking with four (4) or more clients.
1.9. “Liability” means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees).
1.10. “Opening Hours” means Monday – Saturday excluding Tuesday between the hours of 9.00am and 5.30pm.
1.11. “Outstanding Debts” means all amounts unpaid by the Client to BSSR as payable under the Agreement and in accordance with the relevant terms herein.
1.12. “Privacy Act” means Privacy Act 1988 (as amended by the Privacy Amended (Enhancing Privacy Protection) Act 2012).
1.13. “Price” means the price of the goods including but not limited to any other fees or charges BSSR is entitled to under the Agreement.
1.14. “Public Holiday” means any day recognised in Brisbane as a public holiday subject to the Queensland Government.
1.15. “Services” means the services in the Agreement and any services associated with the Agreement.
1.16. “Third Party” means any additional party who is not BSSR or the Client.
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2. ACCEPTANCE
2.1. The Client is taken to have accepted, and is immediately bound by the Agreement if the Client (or its agent or employee);
     2.1.1. makes an Appointment for Services; or
     2.1.2. accepts provision of the Services.

3. FORMATION OF CONTRACT AND BOOKING
3.1. Fee estimates made by BSSR will not be construed as an obligation to supply in accordance with the fee estimate.
3.2. A fee estimate is not a guarantee that the work will be completed for the price listed in the estimate. Unforeseen events may occur that mean the estimate will increase.
3.3. Placement of an order for Services, either verbally or in writing, will imply acceptance of BSSR’s offer and of these terms and conditions and/or Agreement.
3.4. In order for the Client to confirm their Appointment, the Client will be required to provide their Credit Card details or the Gift Voucher number which the Client would be using to pay for the Services.

4. PRICE
4.1. At BSSR’ sole discretion the Price shall be either:
     4.1.1. as indicated on estimates/price lists provided by BSSR to the Client in respect of the Services; or
     4.1.2. as otherwise agreed upon by BSSR and the Client.
4.2. BSSR reserve the right to change the Price:
     4.2.1. if a variation to the Services which are to be provided is requested;
     4.2.2. if a variation to the Services originally ordered is requested;
     4.2.3. in the event that the Client has misrepresented the nature of the Services required to complete the job; or
     4.2.4. in the event of increases to BSSR’ costs which are beyond BSSR’s control.
4.3. Should the Client wish to make an Appointment outside of BSSR’s Opening Hours, an additional fee of $30.00 per hour will apply on all Services should BSSR agree to provide same.

5. GROUP BOOKINGS
5.1. For group bookings of eight (8) or more clients, BSSR will provide a 10% discount on all Services provided.
5.2. In order to secure an Appointment for a Group Booking, a 30% deposit is required at the time of making the Appointment with the balance of the sum owing for the Group Booking payable two (2) weeks before
the Appointment.
5.3. Should the Group Booking be cancelled within two (2) weeks of the Appointment, a cancellation fee equal to 10% of the deposit will be retained by BSSR.

6. PAYMENT TERMS
6.1. Fees incurred for Goods and Services provided by BSSR will be invoiced to the Client and payable immediately upon completion of the Services.
6.2. Should the Client not pay for the Services and/or Goods in accordance with the terms and conditions provided herein, BSSR is entitled to charge an additional fee to the value of 25% of the services in addition to any other money which may be payable by the Client pursuant to the Agreement.

7. COPYRIGHT AND SOCIAL MEDIA
7.1. The Client provides its unconditional and irrevocable consent to BSSR, for BSSR to use any of the Services, photos of Services or testimonials which have been provided to the Client, for the purposes of promoting its services to other clients.

8. COSTS
8.1. The Client will pay BSSR’s costs and disbursements incurred in pursuing any recovery action/or any other claim or remedy, against the Client, including but not limited to; collection costs, debt recovery
fees, commission and legal costs on an indemnity basis.

9. TAXES AND DUTY

9.1. The Client must pay GST on any taxable supply made by BSSR to the Client under this Agreement. All prices provided by BSSR are inclusive of GST.

10. DEFAULT
10.1. Each of the following is an event of default, namely:
     10.1.1. The Client allowing any sum of money payable to BSSR pursuant to this Agreement to remain unpaid one (1) clear day following the day upon which the amount became due and payable;
     10.1.2. The Client failing to punctually perform or observe any of the conditions or obligations imposed upon it by this Agreement; or
     10.1.3. If BSSR ascertains that the Client has made any false, inaccurate or misleading statement having a material effect in relation to the making of the Agreement.
10.2. A statement rendered by BSSR to the Client will be proof of the amount due.

11. SET-OFF

1. 11.1. All payments required to be made by the Client under this Agreement will be made free of any set-off, or counterclaim and without deduction or withholding.
    

12. INDEMNITY

12.1. The Client agrees to indemnify BSSR against all and any losses sustained by BSSR as a result of any claim(s) or action(s) brought against BSSR, whether those claim(s) or action(s) are by the Client or by a third party, pursuant to any event arising from or as a result of the Agreement.

13. LIABILITY
13.1. BSSR is not liable for any loss caused to the Client by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond BSSR’s control.
13.2. BSSR is not liable for providing Services subject to the instructions provided by the Client.
13.3. BSSR is not liable for any loss suffered by the Client due to the Client’s failure to abide by the terms contained herein.
13.4. In relation to the supply of services, BSSR’ liability is limited to:
     13.4.1. supplying the service again; or
     13.4.2. providing for the cost of having the services supplied again at the amount of which is equal to or reasonably equivalent to the cost BSSR would have incurred if supplying the services again.
13.5. BSSR is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Client.

14. SERVICE
14.1. The Client agrees to accept service of any document required to be served, including any notice under the Agreement, the PPSA or court process, by prepaid post at any address nominated in this Agreement
or any other address later notified to BSSR by the Client or its authorised representative.

15. THIRD PARTIES
15.1. BSSR shall, where reasonable, coordinate and liaise with Third Parties engaged, but shall not be responsible for their employment and payment.
15.2. BSSR will not be held liable by the client for any work provided by a Third Party.

16. OBLIGATIONS OF BSSR
16.1 BSSR will:
     16.1.1. Not enter into any agreements or incur obligations with any third party on behalf of the Client without prior approval;
     16.1.2. Ensure that all Services are provided by qualified staff of a reasonable competence which someone would expect from an employee in the Beauty Industry.;
     16.1.3. Not assign this Agreement; and
     16.1.4. Maintain suitable professional indemnity insurance (if required).

17. OBLIGATIONS OF THE CLIENT
17.1. The client will:
     17.1.1. Attend the Appointment as and when required. Should the Client be late to an Appointment, the duration of the Appointment will not be extended;
     17.1.2. Advise BSSR of any health conditions or information that is likely to impact on the provision of the Services.
     17.1.3. Obey all instructions provided by BSSR in relation to the provision of the Services;
     17.1.4. Ensure that all mobile and electronic devices are turned off or switched to silent before the commencement of the Services.

18. WAIVER
18.1. A waiver of any provision or breach of this Agreement by BSSR must be made by an authorised officer of BSSR in writing.

19. CANCELLATION/REFUND POLICY
19.1. Should the Client wish to cancel any Appointment other than a Group Booking, they must provide BSSR with at least twenty-four (24) hours notice. Should the Client fail to provide the requisite notice, the Client will be charged 100% of the cost of the Service as a cancellation fee.
19.2. Clause 19.1 will also apply if the Client intended to pay for the Services by way of a Gift Voucher. Should the Appointment be cancelled without the requisite notice, the Gift Voucher will be forfeited;
19.3. BSSR will not provide any refunds should a Client wish to return a Gift Voucher.

20. VARIATION
20.1. The Client agrees that these terms and conditions may be varied, added to, or amended by an authorised officer of BSSR at any time by written notice to the Client.
20.2. Any proposed variation to these terms and conditions by the Client must be requested in writing. BSSR’s consent to the variations will not be unreasonably withheld where appropriate.

21. SEVERANCE
21.1. If any provision of this Agreement is not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.
21.2. If any part of this agreement is invalid or unenforceable, that part is deleted and the remainder of the Agreement remains effective.

22. DISPUTE RESOLUTION
22.1. If there is a dispute or difference on any matter arising from the goods and/or services, either party may submit to the other a written notice detailing the matter and requiring the parties to meet within seven (7) days to attempt to reach a suitable resolution.

23. JURISDICTION
23.1. The Client acknowledges and agrees that this Agreement will be governed by the laws of Queensland, and the laws of the Commonwealth of Australia which are in force in Queensland.
23.2. The Client acknowledges and agrees that any contract for the provision of services between BSSR and the Client is formed at the address of BSSR.
23.3. The parties to this Agreement submit to the exclusive jurisdiction of the courts of Queensland.

24. ENTIRE AGREEMENT
24.1. This Agreement constitutes the entire Agreement between the parties relating in any way to its subject matter. All previous negotiations, understandings, representations, warranties or commitments about the subject matter of this Agreement are merged in this Agreement and are of no further effect. No oral explanation or information provided by a party to another effects the meaning or interpretation of this Agreement or constitutes any collateral Agreement, warranty or understanding.
24.2. Notwithstanding the preceding paragraph, in circumstances where there is a pre-existing written agreement (Original Agreement) between the Client and BSSR, these terms and this Agreement will constitute a variation of the Original Agreement.
24.3. Nothing in this Agreement shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the Agreement in relation to the provision of services
pursuant to this Agreement of all or any of the provisions of the Competition and Consumer Act 2010 or any relevant State or Federal Legislation which by law cannot be excluded, restricted or modified.

25. PRIVACY ACT
25.1. The Client agrees to the terms of the Privacy Statement pursuant to the Privacy Act 1988 as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 contained in this document.