Agreement to be bound
This web site (" Website ") and the Salon Hand Software (" Software "), are owned and operated by Salon Hand Software Pty Ltd ACN: 600 932 527 (" Salon Hand "). Salon Hand maintains the Salon Hand Website and Software as a service to its Salons, their Clients and visitors subject to the following Terms of Use and EULA. By using the Salon Hand Website/Software, you accept the Terms of Use and EULA as contained in this statement. If you do not agree to the terms you may not use the Salon Hand Website/Software.
About this Terms of Use statement/EULA
This Terms of Use statement is to be read in conjunction with the Privacy Policy, copyright and disclaimer notices provided on the Salon Hand Website/Software. This statement/EULA is intended to give the user of the Website/Software a clear indication of what is termed as "fair use" of the Salon Hand services.
Key Terms
In this agreement:
"Salon" means a Salon Hand "Professional Plan" or "Solo Employee Plan" subscriber who, for a fee, looks after a Client on terms and conditions as agreed between the Salon and the Client;
"Client" means a person who registers with Salon Hand and books a Salon.
About Salon Hand
Salon Hand (interchangeably referred to in these Terms of Use as " salonhand.com.au ", "we", "us", or "our") provides salon business management software and services that provide an online platform that connects Clients with Salons who offer a range of services through the Salon Hand Website/Software.
No Direct Relationship
Salon Hand provides the ability, through their Website/Software, to enable Salon bookings to be made by Clients. However, the use of the Salon Hand Website/Software does not constitute a direct relationship. The information interpreted (not limited to content of the Website and information derived from online interactions) should not be relied upon as a substitute for your own due diligence, evaluation and decision making process regarding your selection of a Salon.
YOU ACKNOWLEDGE AND AGREE THAT Salon Hand is not responsible for any AGREEMENTS or SERVICE PROVISION ENTERED INTO BETWEEN Salons AND Clients.
Salon Hand HAS NO CONTROL OVER THE CONDUCT OF Salons OR Salon SERVICES booked using the Salon Hand Website/Software.
PLEASE BE SURE TO READ THESE TERMS CAREFULLY.
Subscription to the Salon Hand "Professional Plan" or "Solo Employee Plan"
Salon Hand™ (trade-mark pending approval) Software is a complete salon management software system targeted at the Hair & Beauty industry administered and delivered via the Salon Hand Website.
To access or use the support functionality provided via the Salon Hand Website, you must subscribe to the "Professional Plan" or "Solo Employee Plan Plan" via the Salon Hand Website.
The "Professional Plan" subscription costs $59.95 per month including GST payable in advance via direct debit (with a minimum 12 month term).
The "Solo Employee Plan" subscription costs $29.95 per month including GST payable in advance via direct debit (with a minimum 12 month term).
An optional "SMS + Cloud Services" package is available to be used with an existing subscription and costs an additional $19.95 per month including GST payable in advance via direct debit (with a minimum 12 month term).
You are able to send SMS from the Salon Hand software both manually and automatically when subscribed to the "SMS + Cloud Services" package upgrade. Outbound SMS message are charged at 18 cents (including GST) per standard 160 character message. SMS usage charges are automatically added to your monthly subscription invoice based on the previous months SMS usage, hence it is considered as a post-paid arrangement and paid via direct debit.
Standard SMS messages are limited to 160 characters, however our system allows you to send SMS messages up to 765 characters. This is achieved by splitting the message into parts. Each part is a normal SMS and is charged at the normal price. The SMS is then reconstructed by the receiving mobile phone and should display as a single SMS. If your SMS is 160 characters or less, it will be sent (and cost) as a single SMS. If your message is longer than 160 characters, it is split into parts of up to 153 characters (not 160) and charged per part up to a maximum of 5 parts (i.e. a maximum of 5 SMS credits). Message character counts are given in the software to assist in managing your SMS usage and costs. For bulk volume marketing campaigns a price estimate is given before sending, which requires user approval.
SMS messages may be sent automatically by the salon when 'Auto' mode is activated by the software user. This feature is generally used for automatic appointment confirmations sent to clients days in advance, but may also be used in 'Set and Forget' marketing schemes triggered by events, such as a client birthday etc. In any case, the Salon is responsible and agrees to pay all SMS charges incurred through use of the SMS feature. All sales are final as once the message leaves your computer and through our server it enters the telecommunication gateways and is delivered to the receipient, thus instantly providing the service. Our third-party network access fees are non-refundable and as such we must pass these same terms on to you.
If relevant, our sign-up gifts are as follows:
- 24 month contract: 'Solo Employee Plan' = $50 Store Credit, 'Solo Employee Plan with SMS + Cloud Services upgrade' = $100 Store Credit, 'Professional Plan' = $100 Store Credit, 'Professional Plan with SMS + Cloud Services upgrade' = $159 Store Credit (credit will expire at the end of the contract if unused); or
- 36 month contract: 'Solo Employee Plan' = $159 Store Credit, 'Solo Employee Plan with SMS + Cloud Services upgrade' = $299 Store Credit, 'Professional Plan' = $299 Store Credit, 'Professional Plan with SMS + Cloud Services upgrade' = $458 Store Credit (credit will expire at the end of the contract if unused).
Store credit cannot be exchanged for cash and can be only used in the Salon Hand online store. Only hardware items and prepaid SMS can be purchased with the store credit. Software subscriptions and payment of invoices are excluded.
Salon Hand reserves the right to change its bonus sign up gifts at anytime. If store credit misuse is detected we reserve the right to cancel any outstanding credits and will inform authorities of any illegal behaviour.
You must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to maintain your registration information.
Written notice is to be given to cancel the subscription and the remaining contract to be paid out in full.
An option will be given to pay the contract out in full if the Salon does not want to be debited monthly. This will be administered through the website using the "Prepay Subscription" option.
At the expiry of the contract term, a further contract will be offered and must be accepted to continue using the Software.
The "Professional Plan" package includes essentially everything required to run a Hairdresser or Beauty Salon business:
Appointment Book, Point of Sale, Client Management, Employee Management, Service/Product/Package Management, Business Reporting, Local & Online Backup Service and Barcode/Receipt Printer/Till Hardware Integration;
Unlimited Employee Columns;
Multi-Terminal License - Single Premises/Business (see below);
a license for one (1) 'server' computer only. This 'server' computer stores the actual database and communicates with the Salon Hand webserver(s). This Software license permits that multiple computers can link to this 'server' over a LOCAL network (i.e. not the internet or via VPN/SSH tunnelling, etc.) provided they are physically located at the same premises and are used for the same business. These computers can also link to POS hardware. If the user runs a multi-site Salon, an additional Software license will need to be purchased for each site. If more than one business is carried out at the same location, each business will need their own Software license. If the 'server' computer is ever upgraded/replaced, a new Software license will be generated and the old one retired.
free updates to future releases of Salon Hand™. This includes minor and major releases. Minor releases generally include bug fixes and security fixes. Major releases include new functionality or features added to the Software. Salon's will be notified within the application when a new update is available (assuming they have internet connectivity), or via email if they have voluntarily subscribed to receive product update notifications.
The "Solo Employee Plan" package includes essentially everything required to run a Hairdresser or Beauty Salon business with ONE single employee:
Appointment Book, Point of Sale, Client Management, Employee Management, Service/Product/Package Management, Business Reporting, Local & Online Backup Service and Barcode/Receipt Printer/Till Hardware Integration;
Single Employee Column;
Single-Terminal License (see below);
a license for one (1) 'server' computer only. This 'server' computer stores the actual database and communicates with the Salon Hand webserver(s). This Software license does NOT permit any other computer to link to this 'server' over any network, with the exception of when the salon also holds a current 'SMS + Cloud Services' package upgrade, which allows Remote Access, Online booking etc. If the 'server' computer is ever upgraded/replaced, a new Software license will be generated and the old one retired.
free updates to future releases of Salon Hand™. This includes minor and major releases. Minor releases generally include bug fixes and security fixes. Major releases include new functionality or features added to the Software. Salon's will be notified within the application when a new update is available (assuming they have internet connectivity), or via email if they have voluntarily subscribed to receive product update notifications.
The "SMS + Cloud Services" upgrade package includes additional professional services to supplement an already paid for software subscription, including:
a unique 'Virtual' mobile phone number for the Salon to send and receive SMS. Our third-party SMS gateway provider leases these 'Virtual' numbers to our company based on a 12 month term;
hosted Online Booking page (on our web server) to communicate with your Appointment Book;
SMS marketing and two-way appointment confirmation;
e-mail marketing; and
remote (out of Salon) management from anywhere in the world.
Software Licensing & Validation
The application will have authentication built in to determine if the software has a current valid license.
If the Salon has internet connectivity this will be automatic, as it will check with the online license server and allow access to the application.
If there is no internet connectivity, the Salon will have to enter a unique code that will unlock the software for the period they have paid for (i.e. 1 month if monthly debit option). The Salon will be prompted to do this when there is no Software license found or when the Software license is no longer valid. Salons without internet connectivity will be encouraged to pre-purchase several months in advance to avoid having to enter a unique code every month.
Software licenses can be revoked (and the use of the software locked) if the Salon account has outstanding unpaid bills (due to credit card expiry, insufficient funds etc).
Our Software license defines a user as one (1) Salon/business/location as described earlier. Multiple local computers are permitted to connect to the Salon 'server' computer and have their own receipt printer, till, etc. and share the database using the one Software license for the 'Professional Plan' only. The Software license will be controlled and tied directly to a single individual 'server' computer.
Remote Access
The remote access feature can be used on an unlimited number of computers to access a 'SMS + Cloud Services' package upgrade licensed computer. The remote access module gives a feature reduced version of the Software to provide Salon owners/managers with business data while out of the Salon. This is accessed through an internet browser using the Salon's account login information (email address & password combination).
Installation
the Software is an offline installable Windows application, but is delivered through the Salon Hand Website;
the Software may also be delivered through one of our technical staff either through an on-site (or remote) setup process or pre-installed when the Salon purchases one of our systems from our Website store.
System Requirements
PC with Microsoft Windows 7 with Service Pack 1 or later. 2GB RAM. Minimum of 1280x800 or 1366x768 screen resolution
The Software can run on Apple Mac Hardware if the salon also has a valid Microsoft Windows license. This is achieved through additional software such as BootCamp or virtualization software like Oracle VirtualBox or VMware, which essentially turns the Apple Hardware into a Windows machine capable of running Salon Hand™.
Broadband Internet Connection
an 'always connected' broadband internet connection. We recommend a 512kbps connection or greater;
we are not liable for ISP data charges, including excess data charges. The Salon gives permission for our server to be connected to their application instance to enable real-time communication of SMS messages, etc.
the internet connection is needed to provide real-time communication of SMS messages, Online Booking requests, Remote Access & Assistance, Online Backup and the sending of e-mail marketing.
When there is no Salon internet access or the Salon 'server' computer is turned off: ('SMS + Cloud Services' package subscribers only)
Clients will not be able to make interactive bookings. Instead, they will see a generic contact form to fill out and this will be delivered next time they connect or optionally emailed to an email address of their choosing;
all incoming SMS messages will be queued and delivered next time internet connectivity with the Salon Hand™ online server is established;
Remote Access & Assistance will also be disabled if the Salon server computer is turned off (or loses internet connectivity).
It is therefore highly recommended that Salons subscribed to the 'SMS + Cloud Services' package leave their computer on at all times to take advantage of the extra features detailed above and provide a more professional service to their Clients using their service.
Free Support
We will provide free email, phone & online remote assistance support. Email support is available 24/7. Telephone & Online Remote Assistance support is only available 9am-5pm EST Mon-Fri. Telephone support is available via calling 1300 722044.
Support tickets can be generated within the Salon Hand™ software (if internet connectivity is available) or through the Website (salonhand.com.au/contact).
Email support is available by emailing: support@salonhand.com.au.
Online Remote Assistance requires:
both parties to agree on a mutual time to conduct the remote meeting and is generally initiated after first contacting support staff through one of the other above methods;
the Salon user to be present in front of their computer to initiate and enable remote access to one of the Salon Hand™ support staff. The connection will be password protected and will enable full control of their computer to allow fluid troubleshooting, training and technical support. The Salon user will have full access to disconnect the support staff at any time and the unique password is only valid for that session and permission will need to be granted again for any future session (i.e. support staff do not have access to initiate connections without permission being first granted by the Salon user).
On-site
setup and support will also be offered subject to availability.
Free support may be discontinued (at our discretion) if excessively abused by certain Salons.
When free support, has been discontinued, we reserve the right to charge a fee before continuing with that Salon (at our discretion).
Payment Processing
Payments are accepted through our online payment web page and also within the Salon Hand™ application (securely linked to our online payment web page). At this stage we are only accepting credit cards for payment of products/services but we may introduce bank account direct debit and bank transfer payment methods in the future.
Our credit card payment system uses the Stripe eCommerce payment gateway to securely handle one-off and recurring transactions. No credit card details are stored on Salon Hand™ servers. These details are directly sent to the Stripe banking servers using TLS encryption. All payment processing and storage is handled by the Stripe eCommerce gateway without any credit card details ever reaching Salon Hand™ servers. This increases credit card security and reduces the level of PCI compliance required for Salon Hand™ Software Pty Ltd.
Beta Testers
You may be invited by Salon Hand to volunteer to assist with testing and development of the software as a Beta Tester. If so, your Salon will have the development version of Salon Hand™ running in your Salon. In exchange for your feedback and participation as a Beta tester, you may or may not be paying for the use of the Software.
You acknowledge that the development version is not a production ready version of the Software, and it may contain faults and bugs which impact on the stability and functionality of the Software. You agree not to hold Salon Hand responsible for any impact on your Salon business due to these faults and bugs.
Salon Hand may at any time notify you that within thirty (30) days you need to decide whether to sign up for either the "Professional Plan" or the "Solo Employee Plan" or have the Software cancelled.
Subscription Upgrades
We allow Salons to upgrade their existing subscriptions at anytime for FREE* provided that: the new plan is of equal or higher value, the new contract is the same or longer length and no existing monies are owed for unpaid invoices.
There is no fee for upgrading a subscription plan, with the exception of going from a 'Solo Employee with SMS + Cloud Services Plan' to a 'Professional Plan (without SMS + Cloud Services)'. This 'uncommon' upgrade path requires termination of the SMS + Cloud Services contract. A fee of $149 will be payable in this instance. All other upgrade combinations are FREE.
Upgrading a plan is like signing a new contract and thus your remaining contract length will begin again. If there are any bonuses associated with your new plan, you will receive the difference between your current plan bonus, given when you signed up, minus any store credit you have already redeemed.
Cancellation
If a Salon cancels their subscription, they will be required to pay out the remaining months of their contract (if any). We will allow all data to be exported, in digital format, provided the Salon has no monies owing. This will be an option within the Software and will be self serviced.
Hardware
We also offer PC systems for sale from our Website. These come preconfigured with Salon Hand™. We also have point of sale equipment for sale from our website. These include items such as receipt printers, barcode scanners, cash draws, etc.
An application to return Hardware for a full refund may be made at anytime within 7 days of receipt of the Hardware, by sending a request via email to returns@salonhand.com.au , and returning the Hardware in its original condition. A choice will be given to receive a refund or exchange. We will arrange return shipping. If the product is found to be not faulty, the customer will be liable for ALL shipping charges (sending & receiving).
Salon Hand will pay for the return shipping fee where the item is faulty, or a mistake in shipping has been made on Salon Hand's part. Refunds will be processed within 10 Business Days of the receipt of the returned Hardware in its original condition. There is no refund/exchange for change of mind purchases. There is no refund/exchange for free gift items.
Where 7 days have elapsed from delivery, we will only offer warranties on Hardware that are given by each manufacturer, and you will have been provided with the relevant documentation at the time of delivery. All hardware warranty claims are to be made directly with the manufacturer. All warranty shipping charges (if any) are at the discretion of each manufacturer. These details will be provided when the customer makes contact with the manufacturer and initiates a warranty claim. It is the customers responsibility to ensure all shipping charges and conditions provided by the manufacturer are met.
Salon "SMS + Cloud Services" Package Membership
a) Listing of Salon service and fees
Salon Hand, through its community of listed "SMS + Cloud Services" Package Salons, arranges for the provision of Salon services to Clients.
As a Salon, you may create a free listing profile, and will be asked for accurate, complete, detailed and up-to-date information about your business/offering/services. It is your responsibility to ensure this information is kept up to date at all times. You may set the pricing and terms for your services within the parameters permitted by Salon Hand.
Salon Hand charges no fees to the Salon, even for the referral of a Client booking.
Payments for service(s) are made directly to the salon at the time of service completion and not through the Salon Hand website when booking.
Clients will visit salonbook.com.au to make online bookings. They may also be automatically redirected from each Salon's own website.
Salons are responsible for the following:
advising additional fees and charges payable by the Client;
ensuring your listing on the Salon Hand Website/Software is up to date at all times;
notifying and enforcing your own terms & conditions directly with the Client.
Client Membership
Salon Hand makes no warranties, whether expressed or implied, as to the quality or content of any Salon booking conducted through our service/Software. You and your selected Salon are solely responsible for all information and/or communication sent during a booking. Your Salon will keep a record of the booking with you. You are responsible for all your personal information entered onto the Salon Hand Website for a booking.
a) Client Fees
Salon Hand is not responsible for any additional charges that may arise during a booking (e.g., you don't arrive on time).
Payments for service(s) are made directly to the Salon at the time of service completion and not through the Salon Hand website when booking.
Salon Hand does not charge Clients any booking fee for its services.
Each Salon will have their own cancellation/refund policies relating to bookings, and Salon Hand are not responsible for the administration of same. Contact your Salon directly to cancel an appointment or apply for a refund.
c) Client obligations
Clients are responsible for the following:
when registering, you must provide us with accurate, complete and up-to-date registration information, as requested (especially contact information). It is your responsibility to maintain your registration information;
all information and/or communication sent during a booking;
not registering as a member multiple times;
not impersonating or creating a membership for any person other than yourself (unless you are gifting a product);
providing evidence to verify your identity, if Salon Hand at any time request you to provide same;
ensuring the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.
"as-is" basis
The above services are offered on an "as is" basis and used by the Salon / Client solely at his or her own risk. Salon Hand may, among other things withdraw, suspend or discontinue any functionality or feature of its services/Software.
Terms of Use/EULA statement
Salon Hand authorizes you to view or download a single copy of the material on the Salon Hand Website solely for your personal, non-commercial use if you include the following copyright notice: "©2014, Salon Hand. All rights reserved" and other copyright and proprietary rights notices that are contained in the content. Any special rules for the use of Software and other items accessible on the Salon Hand Website have been incorporated into these Terms of Use/EULA.
The Content is protected by copyright under both Australian and foreign laws. Title to the Content remains with Salon Hand or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Salon Hand. All rights not expressly granted herein are reserved to Salon Hand and its licensors. If Salon Hand terminates your use of this Website, you must immediately destroy any copies you have made of any portion of the Content.
Salon Hand makes certain services available via its Website/Software. By using these services you agree not to violate any local or international laws, harass, threaten or offend any individual or entity, post or transmit any commercial advertising, provide false or misleading information regarding your identity or post any information that infringes on a third party's copyright and intellectual property. You are not to use any of Salon Hand's technology for propagation of spam or related activities. By using the Salon Hand Website/Software you are required to report any potential breaches of security or fair use to the contact information provided below. You acknowledge that any service provided by Salon Hand may be terminated at any time at the total discretion of Salon Hand.
Disclaimer - informational purposes only
The contents of the Salon Hand Website/Software, such as text, graphics, images, information obtained from Salon Hand's licensors, and other material contained on the Salon Hand Website/Software ("Content") are for informational purposes only. Reliance on any information provided by Salon Hand, Salon Hand employees, others appearing on the Salon Hand Website/Software at the invitation of Salon Hand, or other visitors to the Salon Hand Website/Software is solely at your own risk.
Liability of Salon Hand and Its Licensors
The use of the Salon Hand Website/Software and the Content is at your own risk.
When using the Salon Hand Website/Software, information will be transmitted over a medium that may be beyond the control and jurisdiction of Salon Hand and its suppliers. Accordingly, Salon Hand assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Salon Hand Website/Software.
The Salon Hand Website/Software and the Content are provided on an "as is" basis. Salon Hand, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose.
Without limiting the foregoing, Salon Hand, its licensors, and its suppliers make no representations or warranties about the following:
1. the accuracy, reliability, completeness, currentness, or timeliness of the Content, Software, text, graphics, links, or communications provided on or through the use of the Salon Hand Website; or
2. the satisfaction of any government regulations requiring disclosure of information or the approval or compliance of any Software tools with regard to the Content contained on the Salon Hand Website/Software.
In no event shall Salon Hand, its licensors, its suppliers, or any third parties mentioned on the Salon Hand Website/Software be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) due to a physical or remote visit to the Salon, the use of or inability to use the Salon Hand Website/Software or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Salon Hand, its licensors, its suppliers, or any third parties mentioned on the Salon Hand Website/Software are advised of the possibility of such damages.
Salon Hand, its licensors, its suppliers, or any third parties mentioned on the Salon Hand Website/Software shall be liable only to the extent of actual damages incurred by you, not to exceed the total price paid by you for the purchase of Hardware, Software and/or Services from Salon Hand. Salon Hand, its licensors, its suppliers, or any third parties mentioned on the Salon Hand Website/Software are not liable for any personal injury, including death, caused by your use or misuse of the Salon Hand Website/Software, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Salon Hand Website/Software, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions/EULA are exclusive and are limited to those expressly provided for in these Terms and Conditions/EULA.
User Submissions
The personal information you submit to Salon Hand is governed by the Salon Hand Privacy Policy. To the extent there is an inconsistency between this Agreement and the Salon Hand Privacy Policy, this Agreement shall prevail.
The Salon Hand Website contains functionality (including blogs, message boards, postings, etc.) that allows users to upload content to the Salon Hand Website (collectively " Public Areas "). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to Salon Hand by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Salon Hand by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Salon Hand by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Salon Hand a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Salon Hand may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Salon Hand by email. We try to answer every email in a timely manner, but are not always able to do so.
User Submissions — Image, Video, Audio Files
You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Salon Hand Website, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions and the Salon Hand Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Website.
By uploading any media like a photo or video, (a) you grant to Salon Hand a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Salon Hand to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Salon Hand and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
Salon Hand reserves the right to review all media prior to submission to the Salon Hand Website and to remove any media for any reason, at any time, without prior notice, at our sole discretion
Salon Hand Community and Member to Member Areas ("Public Areas")
If you use a Public Area, such as message boards, blogs, user reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Salon Hand and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 000 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Using a Public Area for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Salon Hand in its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
Allowing any other person or entity to use your identification for posting or viewing comments
Posting the same note more than once or "spamming"; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Salon Hand Website, or which, in the judgment of Salon Hand, exposes Salon Hand or any of its customers or suppliers to any liability or detriment of any type.
Salon Hand Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
Record the dialogue in public chat rooms.
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the Salon Hand Website upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on the Salon Hand Website, regardless of whether such communication(s) violate these standards.
Salon Hand or its licensors have no liability or responsibility to users of the Salon Hand Website/Software or any other person or entity for performance or non-performance of the aforementioned activities.
Indemnity
You agree to defend, indemnify, and hold Salon Hand, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use/EULA.
Use outside Australia
Salon Hand is based in New South Wales, Australia and makes no claims that Salon Hand, or the Salon Hand Website/Software and the Content are appropriate or may be downloaded outside of Australia. Access to the Content may not be legal by certain persons or in certain countries. If you access the Salon Hand Website/Software from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Salon Hand, or in any way relating to your use of the Salon Hand Website/Software, resides in the courts of the New South Wales and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New South Wales in connection with any such dispute including any claim involving Salon Hand or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms of Use/EULA are governed by the internal substantive laws of the State of New South Wales, without respect to its conflict of laws principles. If any provision of these Terms of Use/EULA is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use/EULA, which shall remain in full force and effect. No waiver of any of these Terms of Use/EULA shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures
If you believe any materials accessible on or from the Salon Hand Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Salon Hand and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Changes to the Terms of Use/EULA
Salon Hand will make changes to this Terms of Use statement/EULA as required when new policies or services are introduced. This statement/agreement was last updated on 13 March 2015 .
Complete Agreement
Except as expressly provided in a particular "legal notice" on the Salon Hand Website, these Terms of Use/EULA and the Salon Hand Privacy Policy constitute the entire agreement between you and Salon Hand with respect to the use of the Salon Hand Website, Software, Hardware and Content.
Contact us
If you would like further information regarding this Terms of Use Statement/ EULA please contact Salon Hand through one of the following ways:
Post:
Salon Hand Webmaster
PO BOX 301
Corowa NSW 2646
E-mail:
Phone:
1300 722044