Sheer Beauty Care offers Customers a range of Services via its App and/or Website. Customers who Order Services are then introduced via Sheer Beauty Care’s App and/or Website to Suppliers who are registered with Sheer Beauty Care to perform the Services.
The Customer’s credit card will be pre-authorised when placing an Order and upon completion of the Order the Customer’s credit card transaction is completed and the Supplier is paid less any Commission payable to Sheer Beauty Care. Upon completion of each Order the Customer’s credit card is charged and the Supplier is paid less any Commission payable to Sheer Beauty Care.
These Terms and Conditions govern Customer access to and the use of applications and/or websites, and the content and Services, provided by Sheer Beauty Care Limited (“we”, “our”, “us”).
1. DEFINITIONS
1.1 In these Terms and Conditions:
“Account” means an account allocated to you to allow you to access certain parts of the App and/or Website, and/or to purchase certain Services;
“App” means the device-specific application used for delivering the Services;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including government orders, pandemics, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
“Intellectual Property Rights” means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation 1967 and ‘Intellectual Property’ has a corresponding meaning.
“Loss” includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis;
“Online Store” means the portal for purchasing Services via the App and/or Website;
“Orders” means Customer’s orders for the performance of Services;
“Party” or “Parties” in these Terms and Conditions shall mean You and/or Us separately or together as the context indicates;
“Personal Information” means information about an identifiable, living person;
“Price” means the purchase price payable for the Services as agreed between the parties in accordance with clause 6. below.
“Services” means those services available for purchase through the Online Store on the App and/or Website and as amended from time to time;
“Terms and Conditions” means these terms and conditions which govern the use of the App and/or Website and which sets out the agreement between you and us;
“Underlying System” means any network, system, software, data or material that underlies or is connected to the App or Website;
“User ID” means a unique name and/or password allocated to you to allow you to establish an Account;
“We, us or our” means Sheer Beauty Care Limited, a private limited liability company incorporated in New Zealand, company number 6217387, trading as Sheer Beauty Care Limited;
“Website” means the website at https://sheerbeautycare.co.nz that delivers the Services;
“You”, “your”, “yours” or “Customer” means you, being the person accessing the App and/or Website as an end-user of the Services, or if clause 3.1.2. applies, both you and the person on whose behalf you are acting.
2. INTERPRETATION
2.1 In these Terms and Conditions, unless expressly state otherwise:
2.1.1 a reference to a statute or statutory provision includes a reference to:
- that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
- any subordinate legislation made under that statute or statutory provision;
2.1.2 headings do not affect the interpretation;
2.1.3 “persons” includes companies, partnerships, limited liability partnerships, unincorporated associations and trusts;
2.1.4 “including” and similar words do not imply any limit.
3. ACCEPTANCE OF TERMS AND CONDITIONS
3.1 By accessing and/or using the App and/or Website:
3.1.1 you agree to be bound by these Terms and Conditions; and
3.1.2 where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms and Conditions on that person’s behalf and that, by agreeing to them on that person’s behalf, that person is bound by them.
3.2 If you do not agree to these Terms and Conditions, you are not authorised to access and use the App and/or Website, and you must immediately stop doing so.
4. CHANGES
4.1 We may change these Terms and Conditions at any time by updating them on the App and/or Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms and Conditions. By continuing to access and use the App and/or Website, you agree to be bound by the Terms and Conditions as amended from time to time.
4.2 We may change, suspend, discontinue, or restrict access to, the App and/or Website without notice or liability.
4.3 These Terms and Conditions were last updated on 23-11-2021.
5. YOUR OBLIGATIONS
5.1 You must provide true, current and complete information in your dealings with us (including when setting up an Account), and must promptly update that information as required so that the information remains true, current and complete.
5.2 If you are given a User ID, you must keep your User ID secure and:
5.2.1 not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
5.2.2 immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to Customer service email.
5.3 You must:
5.3.1 not act in a way, or use or introduce anything (including any malware, virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the App and/or Website or any Underlying System, or otherwise attempt to damage or interfere with the App and/or Website or any Underlying System; and
5.3.2 access the Website via standard web browsers only and not by any other method, unless with our written agreement. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
5.4 You must obtain our written permission to establish a link to the Website. If you wish to do so, email your request to Customer service email.
5.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms and Conditions, including any failure of a person who accesses and uses the App and/or Website by using your User ID.
5.6 We are in no way liable for any Loss you suffer or incur as a direct or indirect result of your failure to comply with these Terms and Conditions, including any failure of a person who accesses and uses the App and/or Website by using your User ID.
5.6 We provide a digital platform (the App and/or Website) that enables Customers to receive a range of Services, and arranges performance of those Services from selected third party Suppliers. And we facilitate payments to those Suppliers for the chosen Services. You acknowledge and agree that we do not perform the Services and that all such Services are performed by third party Suppliers, who are responsible for the Services they perform for you.
6. PRICE
6.1 The Price payable for Services shall be either the price:
6.1.1 displayed on our Online Store and as altered by us at our sole discretion from time to time; or
6.1.2 as agreed between the Supplier and the Customer using the online chat negotiation channel on the App and/or Website.
6.2 The Price payable for Services shall be the price displayed on our Online Store and as altered by us at our sole discretion from time to time.
7. PAYMENT
7.1 Time for payment of the Price being of the essence, the Price will be payable by you in full by pre-authorisation of your credit card at the time of placing an Order and then payment in full by deduction from your credit card upon completion of the Services and as notified to you via the payment function in our Online Store.
7.2 Any dispute or issue in relation to the quality or completeness of the Services must be notified to us via the contact details on the App or Website within 24 hours of payment being made.
7.3 Unless otherwise stated the Price includes GST. You must pay GST at the relevant rate (as set out in the Goods and Services Tax Act 1985), without deduction or set off of any other amounts, at the same time and on the same basis as you pay the Price. In addition you must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
8. CANCELLATION
8.1 We reserve the right to cancel any Order for Services subject to these Terms and Conditions, and/or to cancel provision of the Services at any time before the Services are performed, by giving you written notice at our sole discretion. On giving such notice, we shall promptly repay to you any sums paid in respect of the Price to the extent to which the Services have not been performed.
8.2 In the event we exercise our rights pursuant to clause 8.1., we shall not be liable for any Loss arising from such cancellation.
8.3 You may cancel any Services at any time before the Services are performed by using the cancellation function on the App and/or Website, subject to the cancellation fee provisions in clause 9.3..
9. EFFECTS OF CANCELLATION
9.1 Upon cancellation of any Order for Services, all the provisions of these Terms and Conditions will cease to have effect, save for those provisions intended to and that will survive and continue to have effect (in accordance with their terms or otherwise indefinitely).
9.2 Cancellation of any Order for Services will not affect either party’s accrued liabilities and rights (including, where relevant, any accrued rights to be paid) as at the date of cancellation.
9.3 The following cancellation fees will apply to cancellations within the specified timeframes:
9.3.1 Between 24 hours and 12 hours of the time scheduled for performance of the Services – 25% of the Price
9.3.2 Between 12 hours and 3 hours of the time scheduled for performance of the Services – 50% of the Price
9.3.3 Less than 3 hours of the time scheduled for performance of the Services – 100% of the Price
10. CONFIDENTIALITY
10.1 The provisions of these Terms and Conditions are strictly confidential to the parties. Neither party may disclose or permit to be disclosed any provision of, or any information (and particularly any financial information) relating to the contract the subject of these Terms and Conditions to any person not a party to them without first obtaining the written consent of the other party as to both the person to whom disclosure is to be made and the terms of such disclosure.
11. INTELLECTUAL PROPERTY
11.1 We (and our licensors) own all proprietary and intellectual property rights in the App and/or Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
11.2 To the extent that we develop or create any intellectual property as the result of performing the Services, we shall retain ownership of all the rights in that intellectual property and any commercial applications thereof.
11.3 The rights to intellectual property as set out in this clause 11. shall not limit our confidentiality obligations as provided by clause 9.3.3..
12. FORCE MAJEURE EVENT
12.1 Where a Force Majeure Event gives rise to a failure or delay in either Party performing its obligations required by this agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event.
12.2 Where a Party’s obligations have been suspended pursuant to clause 12.1. for a period of 90 days or more, the other party may immediately terminate this Agreement by giving notice in writing to the other Party.
13. DISCLAIMERS
13.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
13.1.1 any error in, or omission from, any information made available through the App and/or Website;
13.1.2 any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the App and/or Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the App and/or Website protects you from this; and
13.1.3 any site linked from the App and/or Website. Any link on the App and/or Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
13.2 We make no representation or warranty that the App and/or Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the App and/or Website is not illegal or prohibited, and for your own compliance with applicable laws in your jurisdiction.
14. LIABILITY
14.1 To the maximum extent permitted by law:
14.1.1 you access and use the App and/or Website at your own risk; and
14.1.2 we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms and Conditions, the App and/or Website, or your access and use of (or inability to access or use) the App and/or Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
14.2 Except to the extent permitted by law, nothing in these Terms and Conditions has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the value of the Services.
14.3 To the maximum extent permitted by law and only to the extent clauses 14.1. and 14.2. of these Terms and Conditions do not apply, our total liability to you under or in connection with these Terms and Conditions, or in connection with the App and/or Website, or your access and use of (or inability to access or use) the App and/or Website, does not exceed the value of the Services.
16. SUSPENSION AND TERMINATION
16.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms and Conditions or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the App and/or Website (or any part of it).
16.2 On suspension or termination, you must immediately cease using the App and/or Website and must not attempt to gain further access.
17. DISPUTE RESOLUTION
17.1 No Party to this agreement shall commence any court or arbitration proceedings relating to any dispute arising out of this agreement (including any dispute as to the validity, breach or termination of this agreement or as to any claim in tort, in equity or pursuant to any statute) unless that Party has complied with the provisions of this clause
17.2 Any Party who claims that a dispute has arisen under or in relation to this agreement must give written notice to every other Party specifying the nature of the dispute.
17.3 On receipt of such notice by a Party, the Parties to this agreement:
17.3.1 Must co-operate and use their best endeavours to resolve the dispute expeditiously.
17.3.2 If they do not resolve the dispute within seven days of the receipt of the notice (or such further period as they may agree in writing), they must refer the dispute to mediation (“the mediation”).
17.4 The mediation shall in all respects be conducted in terms of the Resolution Institute Standard Mediation Agreement (NZ version).
17.5 he mediation shall be conducted by a mediator and at a fee agreed by the Parties, and failing agreement between the Parties, the mediator shall be selected by the Chair for the time being of Resolution Institute.
17.6 A Party who seeks urgent interlocutory relief may, by written notice to each other Party to the dispute, elect not to comply with the provisions of clauses 17.1 to 17.5, but only to the extent of the relief sought and for the period required to dispose of the application for such interlocutory relief. Except to that extent, on the disposal of the application the provisions of clauses 17.1 to 17.5 inclusive shall once again take effect.
18. GENERAL
18.1 If we need to contact you, we may do so by email or by SMS message. You agree that this satisfies all legal requirements in relation to written communications
18.2 These Terms and Conditions, and any dispute relating to them or the App and/or Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms and Conditions or the App and/or Website.
18.3 For us to waive a right under these Terms and Conditions, the waiver must be in writing.
18.4 If any part or provision of these Terms and Conditions is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms and Conditions and the remainder of these Terms and Conditions will continue to be binding and enforceable.
18.5 These Terms and Conditions set out everything relating to your use of the App and/or Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to them. You accept and acknowledge that you have not relied on any representation, warranty or agreement relating to the App and/or Website that is not expressly set out in these Terms and Conditions, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms and Conditions.
19. TRAVEL AND PARKING POLICY
19.1 When booking Services, Customers must provide accurate details regarding the location where the Services will be performed.
19.2 Travel expenses for Suppliers are included in the Price within a specified radius from the Supplier’s base location, as displayed on our Online Store. Any additional travel beyond this radius will incur extra charges, which will be communicated to the Customer during the booking process.
- A travel charge may apply depending on the distance from central Auckland.
- The travel charge is $0.80/km for distances exceeding 25km from central Auckland.
19.3 Parking fees, if applicable, must be covered by the Customer. Customers should ensure that appropriate parking
- Parking must be provided by the customer nearby their house.
- If only paid parking is available, the customer is required to pay $20 NZD for parking.
