Book4Me Pty Ltd ACN 678 686 774 (Book4Me) is a booking assistant which assists with booking appointments with Service Providers for everyday services such as haircuts, doctor visits or sporting events on behalf of those individuals who are deaf, hard of hearing and/or non-verbal.
These terms and conditions will apply to all Actioned Booking Requests provided by Book4Me and will govern the relationship between Book4Me and the Customer in respect of every Booking Request unless otherwise agreed between the parties.
It is important that the Customer reads and understands these terms and conditions before making a Booking Request.
By submitting a Booking Request, the Customer agrees to be bound by these terms and conditions and consents to Book4Me Actioning a Booking Request on his or her behalf.
If the Customer does not agree to these terms and conditions, he or she should not proceed with submitting a Booking Request to Book4Me.
DEFINITIONS
Actioned Booking Requests (or Actioning a Booking Request (as the context requires) means a Booking Request carried out by Book4Me as follows:
if a Service Provider has been pre-selected by the Customer, contact the relevant Service Provider on behalf of the Customer;
if a Service Provider has not been pre-selected by the Customer:
select a Service Provider within close proximity to the Customer’s address; and
use its reasonable endeavours to select an appropriate Service Provider;
book an appointment with the Service Provider on behalf of the Customer in accordance with the Customer’s Booking Request;
receive a Booking Confirmation from the Service Provider; and
forward the Booking Confirmation to the Customer in the manner requested (i.e. via email and/or text message).
Booking Confirmation means the written confirmation (whether via email, text message and/or other such means) from a Service Provider following an Actioned Booking Request.
Booking Fee means the fee charged by Book4Me and payable by the Customer in respect of each Booking Request submitted.
Booking Request means the Customer submitting the following by clicking the ‘Book Now’ function on the Website:
the Customer’s name and contact details;
at least three (3) preferred times for the Customer to attend the appointment;
the full details of the Customer’s preferred Service Provider if known, alternatively, the details of the Customer’s required service and spending budget.
Business Day means any day other than a Saturday, Sunday or public holiday in New South Wales.
Contract means these terms and conditions, as amended from time to time, which constitute a legally binding agreement between the Customer and Book4Me.
Consequential Loss means any loss of profit, loss of revenue, loss of bargain, loss of contract with a third party, loss of anticipated profit, loss of anticipated savings, loss of opportunity, loss of goodwill, loss of reputation or loss of production but, for the avoidance of doubt, it excludes any amounts that are expressly stated as being payable under this Contract;
Customer means the person submitting a Booking Request on the Website, being an individual who is deaf, hard of hearing and/or non-verbal and in need of assistance.
Event of Default means any one or more of the following:
if an insolvency event occurs in relation to any party;
if a party defaults in the performance of any of its obligations under this Contract which materially adversely affects (or may materially adversely affect) the non-defaulting party’s rights and benefits under this Contract;
if a party otherwise fails in properly and punctually performing or observing any agreement, covenant or obligation or there exists a breach of any warranty or representation contained, referred to or implied in this Contract; or
in the case of the Customer, submission of inaccurate information in a Booking Request and/or submitting a Booking Request for an illegal, improper or purpose.
Force Majeure Event means any event beyond the reasonable control of a party that occurs without the fault or negligence of that party and which could not have been reasonably prevented or overcome by that party, including an act of God, fire, storm, flood, earthquake, explosion, accident, war, rebellion, insurrection, sabotage, terrorism, strikes, civil disturbance, lock-outs, emergency, epidemic, pandemic, quarantine restriction, act (including laws, regulations, disapprovals or failure to approve) of any government or governmental agency whether national, municipal or otherwise.
Service Provider means the external third-party service provider who will provide the services the subject matter of each Booking Request directly to the Customer.
Website means com.au (as may be updated by Book4Me from time to time).
NATURE OF SERVICES
In respect of each Booking Request submitted, Book4Me agrees to Action a Booking Request in consideration for the Customer paying a Booking Fee to Book4Me.
By submitting a Booking Request, the Customer authorises and consents to Book4Me to Actioning a Booking Request with a Service Provider on the Customer’s behalf.
This Contract applies in respect of each Booking Request such that each Booking Request forms a separate Contract between the Customer and Book4Me.
The Customer agrees that a Booking Fee will apply in respect of each Actioned Booking Request and, for the avoidance doubt, that further Booking Fees are payable by the Customer to Book4Me if the Customer submits more than one Booking Request.
BOOKING FEES
The Customer agrees to pay the Booking Fee at the time of submitting the Booking Request on the Website.
To the fullest extent permitted by law, if a Booking Fee does not clear into Book4Me’s bank account, Book4Me is entitled to suspend Actioning a Booking Request until such time the funds clear.
If the Booking Fee does not clear into Book4Me’s bank account due to insufficient funds in the Customer’s bank account and/or any other error with the Customer’s bank account, Book4Me is entitled to delay, postpone and/or suspend Actioning a Booking Request until such time the Booking Fee clears notwithstanding that the Customer’s preferred appointment time may have already passed in which case Book4Me reserves the right to charge the Customer an additional Booking Fee.
Once the Booking Fee has cleared into Book4Me’s bank account, provided the Booking Request has been properly submitted, Book4Me will use its reasonable endeavours to Action a Booking Request within one (1) Business Day of receiving a Booking Request.
Subject to sub-clause 4(d) and clause 13, if Book4Me takes longer than three (3) Business Days to Action a Booking Request, the Customer is entitled to request a refund of the Booking Fee.
Except under subclause (e) above, the Customer agrees that each Booking Fee and any other monies payable to Book4Me are non-refundable and Book4Me is not required to reimburse the Customer for the whole or any part of the Booking Fee or other monies paid and/or payable to Book4Me.
The Customer is not entitled to a refund of the Booking Fee if the Customer changes their mind about his or her Booking Request in which case he or she will be required to pay an additional Booking Fee for any additional Booking Requests.
The Customer agrees that his or her failure to pay the Booking Fee at the time of submitting a Booking Request prevents Book4Me from Actioning a Booking Request on the Customer’s behalf.
Each Booking Fee is quoted in Australian dollars and exclusive of GST which is to be paid by the Customer (unless expressly specified otherwise).
If requested by the Customer, Book4Me agrees to provide the Customer with a tax invoice showing the amount of GST payable.
Book4Me reserves the right to vary the Booking Fee from time to time in its absolute discretion in which case Book4Me agrees to notify the Customer of its updated Booking Fees as soon as practicable.
BOOK4ME’S RIGHTS OF REFUSAL
Book4Me reserves the right to cancel any Booking Request for which a Booking Fee has already been received by Book4Me in which case Book4Me will promptly issue the Customer with a full refund of the Booking Fee.
Book4Me reserves the right to refuse a Booking Request and/or refuse to Action a Booking Request if Book4Me reasonably concludes that:
the Customer has failed to remedy an Event of Default within the time required by Book4Me or the Customer has committed an Event of Default which is not capable of remedy;
the Customer’s conduct adversely affects or could adversely affect Book4Me’s reputation; or
the Customer fails to comply with any applicable laws within Australia.
CUSTOMER RESPONSIBILITIES
carefully check the details submitted and ensure he or she is satisfied with the contents of the Booking Request prior to submitting it on the Website;
ensure that his or her requested Service Provider is currently operating and available during the Customer’s preferred time slots (as specified in his or her Booking Request);
carefully monitor his or her emails and/or text messages for the Booking Confirmation;
carefully check the details contained in the Booking Confirmation to ensure they match the details submitted in his or her Booking Request;
fully and accurately disclose directly to a Service Provider any other information requested by a Service Provider including without limitation information relating to the Customer’s health, medical records, insurance details and verification of identity;
attend each appointment on time and in the manner required by the Service Provider as set out in the Booking Confirmation;
comply at all times with any instructions, requirements and restrictions of the Service Provider;
attend to the payment of any deposits, consultation fees, initial fees, upfront fees and/or any other payments required by a Service Provider, which must be paid by the Customer directly to the respective Service Provider; and
punctually pay all costs and expenses (including the cost of an additional Booking Fee) associated with Book4Me having to re-book an appointment where an Actioned Booking Request is cancelled, re-scheduled, postponed or otherwise amended either by the Service Provider or the Customer.
CUSTOMER ACKNOWLEDGEMENTS
Book4Me strictly acts as an independent intermediary between the Customer and each Service Provider and does not perform any services other than Actioning a Booking Request;
Book4Me may share your “personal information” (as that term is defined in our privacy policy) with Service Providers to the extent required in Actioning a Booking Request;
Book4Me does not receive any commission, rebates, incentive, rewards (financial or otherwise) from any Service Providers in Actioning a Booking Request, except as disclosed to the Customer;
where the Customer has not pre-selected a Service Provider, it is not Book4Me’s responsibility to filter, review and/or vet any Service Provider;
if the Customer has made an inadvertent error while submitting his or her Booking Request, the Customer must immediately notify Book4Me of the error. However, Book4Me cannot make any assurances that such error will be rectified if Book4Me has already Actioned a Booking Request. For the avoidance of doubt, Book4Me reserves the right charge an additional Booking Fee in respect of updating an Actioned Booking Request and/or Booking Confirmation;
Actioning a Booking Request is dependent on the availability and/or responsiveness from Service Providers;
Book4Me cannot guarantee that appointments will be scheduled in accordance with the timing noted by the Customer in the Booking Request such that Actioning a Booking Request may be postponed and/or re-scheduled (including with a substitute Service Provider) in which case Book4Me may at its absolute discretion decide not to refund the Booking Fee;
notwithstanding a Booking Confirmation being obtained, Book4Me cannot guarantee that each Service Provider will honour a Booking Confirmation;
Book4Me does not warrant that the Booking Fee payable by the Customer is refundable and/or subsidised by the NDIS, Employment Assistance Fund (managed by JobAccess) and/or any other subsidy or agency;
Book4Me is required to communicate with its customers electronically and electronically transmitted information cannot be guaranteed to be secure or error free and it can be adversely affected or unsafe to use; and
Book4Me cannot guarantee that the Customer will have uninterrupted and error free access to the Website and that the Website is immune from being compromised by a third party such as through cyber-attacks, hacking, security risks, security breaches and leaked content.
CUSTOMER WARRANTIES
all information provided to Book4Me is true, complete, reliable and accurate;
he or she is authorized to engage Book4Me and where the Customer is a minor and requires parental consent, such consent has been duly obtained;
he or she will use the Website in a responsible and reliable manner; and
he or she will not make a Booking Request for any illegal, improper or unauthorised purpose and/or relating to nudity, pornography, acts of terrorism, abuse, obscene acts, illegal substances, high impact violence or that breaches any laws within Australia and/or brings, or could bring, Book4Me into disrepute.
BOOK4ME RESPONSIBILITIES
It is Book4Me’s responsibility to:
Action a Booking Request with reasonable care and skill;
rectify any error at no additional charge to the Customer where Book4Me does not Action a Booking Request in accordance with the Customer’s Booking Request due to Book4Me’s own negligence (excluding circumstances where the Service Provider is unavailable and/or unresponsive);
notify the Customer as soon as practicable, if
the Service Provider notifies Book4Me of any changes to the Booking Confirmation however, the Customer accepts that Book4Me cannot guarantee that it will communicate these amended details to the Customer prior to the appointment time; and
any deposits, consultation fees, initial fees, upfront fees and/or any other payments are required by a Service Provider.
CONFIDENTIAL INFORMATION
Unless authorised in writing, neither party will disclose the terms and conditions of this Contract nor the fees, tariffs, charges, costs and expenses subject of this Contract (“Confidential Information”) other than to its employees, agents or professional advisors who necessarily need to know the for the performance of their duties and professional obligations to the parties but who shall undertake to the parties not to disclose the Confidential Information unless authorised in writing by the parties except for the terms and conditions and the Confidential Information that is:
required or disclosed by law or an order of a Court of competent jurisdiction;
disclosed to any person participating with Book4Me in the course of its business and with respect to Actioning a Booking Request the subject of this Contract;
in the public domain and disclosed in trade or public publications, reports, analysis or studies;
disclosed prior to the date of this Contract.
LIMITATION OF LIABILITY
The following provisions set out the entire and maximum financial liability of Book4Me in respect of any breach of this Contract and any representation, statement or tortious act or omission including negligence arising under, or in connection with this Contract. To the fullest extent permitted by law:
Book4Me disclaims any responsibility and liability and the Customer releases Book4Me from any responsibility and liability in respect of any errors, omissions and/or damage arising from, or in connection with, any Actioned Booking Requests;
Book4Me will not be liable for any loss suffered by the Customer where the Actioned Booking Requests is not delivered by the Service Provider in accordance with the Booking Confirmation;
to the extent that any loss is suffered by the Customer is attributable to fault, negligence or lack of care on the Customer’s part, Book4Me (and its directors and employees) are not liable in tort, contract, under legislation or otherwise for any such loss;
Book4Me’s liability for breach of any condition or warranty for services is limited to any one or more of the following as determined by Book4Me at its absolute discretion and in accordance with Schedule 2 of the Competition and Consumer Act 2010 (Cth):
a refund of the relevant Booking Fee; or
Boook4Me Actioning a further Booking Request without charging the Customer Booking Fee;
all warranties, conditions and other terms implied by statute or common law are excluded from this Contract;
subject to sub-clauses (d) and (g), Book4Me’s aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the Booking Fee in respect of the disputed Booking Request;
nothing in this Contract shall exclude or limit the liability of:
Book4Me where it has engaged in fraud, wilful misconduct and/or acts or omissions involving gross negligence; and
any other matter where it would be illegal, or in breach of statutory provision, for Book4Me to exclude, or attempt to exclude, its liability.
subject to sub-clause (g), Book4Me shall not be liable to the Customer for:
any, indirect, special or Consequential Loss, damage, costs, expenses or other claims whatsoever; or
any economic loss (including loss of profit, loss of business, depletion of goodwill or like loss); or
any loss, damage or liability to the extent caused by the negligence, wilful misconduct or other fault of the Customer, its employees, agents or contractors or a breach by the Customer of this Contract;
in each case howsoever caused, including without limitation negligence or breach of statutory duty or misrepresentation, arising out of or in connection with this Contract; and
for clarity, the foregoing is not intended to limit and/or exclude any rights and remedies that either party may have under this Contract and in respect of claiming Consequential Loss under the Australian Consumer Law (where applicable).
INDEMNITY
To the fullest extent permitted by law, the Customer indemnifies Book4Me against all suits, actions, claims, demands, expenses, losses, damages, costs, proceedings or any other liability brought against Book4Me by a Service Provider and/or any other third party including in respect of any breach of these terms and conditions.
For the avoidance of doubt, the Customer’s indemnity is limited to the value of $2,500.
FORCE MAJEURE
If a Force Majeure Event occurs, a party affected by a Force Majeure Event must notify the other party as soon as practicable of the event and the extent to which that party is unable to comply with its obligations.
If a Fore Maure Event lasts more than thirty (30) days or renders the continuation or completion of this Contract impossible, the parties shall be released from all obligations under this Contract.
GOVERNING LAW AND JURISDICTION
This Contract is governed by and construed in accordance with the laws of New South Wales.
The Customer hereby irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from there.
SEVERABILITY
Any term that is unenforceable will be severed unless the term is unenforceable because it is declared to be an unfair contract term, in which case it shall, at Book4Me’s election, be deemed to be amended to the minimum extent required to prevent it from being an unfair contract term.
VARIATION
Book4Me reserves the right to vary its terms and conditions with its customers from time to time and agrees to promptly notify customers of is latest terms and conditions.
NOTICE
The Customer agrees that it shall be deemed to have notice of any change to this Contract and be bound by any subsequent versions of the terms and conditions of this Contract as they appear on the Website upon Book4Me providing written notice to its customers of its latest terms and conditions.
PRIVACY POLICY
By making a Booking Request on the Website, the Customer agrees that he or she will be providing personal information to Book4Me.
By using the Book4Me Website, the Customer agrees to:
grant Book4Me consent to use the Customer’s personal information in accordance with Book4Me’s privacy policy; and
acknowledge and agree that Book4Me’s privacy policy forms part of this Contract.
To view Book4Me’s privacy policy, please visit the Website or click here.
NO WAIVER
Failure by either party to enforce, at any time or for any period, any one or more of the terms or conditions within this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions within this Contract.
ENTIRE AGREEMENT
This Contract constitutes the entire agreement between Book4Me and the Customer in connection with its subject matter and neither party has relied on any representation or promise except as expressly set out in this Contract.