CloseSimple Salon Terms of Use
1. GENERAL
Simple Salon provides Internet Subscription services to users whose principal
place of business is in Australia. The following Terms and Conditions apply for
the Simple Salon Subscriber Services. Amendments to terms and conditions will
occur regularly. Look for any amendments by going to the link at the bottom of
each of the Simple Salon application pages. If there are changes to charges
then they will be effective at least 14 days from posting to this same page.
Use of the service after that date constitutes acceptance of the amended Terms
and Conditions. These Terms and Conditions supersede prior agreements. These
terms and conditions are governed by the laws of New South Wales, Australia,
and both parties submit to the non-exclusive jurisdiction of the courts of this
State.
2. DEFINITIONS
Access Authority means the Subscriber and/or individuals who the Subscriber
prescribes levels of access to your Simple Salon Online Account and where the
Subscriber has made available to those individuals the "Username", "Password"
and "Company ID" to allow them access for data entry, viewing data or obtaining
reports.
Online Services means the Simple Salon Online Services accessed via the Simple
Salon website, by Registration as a User and by signing on for use using Access
Authority.
Password means a confidential alphanumeric which when used with other Access
Authority information, gives access to Online Services
User means:
1. if you are the account owner, the people you nominate (if you choose to do
so) to use the internet services available through the website
2. if you are not the account owner, but have been authorised to operate
accounts under an Access Authority then you are the User
3. "We, us or our" means Simple Salon
4. "You and your" means the Subscriber to Simple Salon Online Services and
includes a User when applicable
When used in relation to the Simple Salon application/service, the terms
"Member" and "Membership" are synonymous with "Subscriber" and "Subscription"
throughout this website and in correspondence to Users of the Simple Salon
online salon management service.
3. INTERNET ONLINE SERVICES
3.1 How You Set Up To Use Simple Salon Internet Online Services
You must provide all equipment necessary to make a connection to the World Wide
Web and pay any service fees to providers for access. After gaining access to
the World Wide Web, you must obtain access to and pay for the use of Simple
Salon Online Services. This is accomplished by registering as a Simple Salon
subscriber.
3.2 Your Obligation to Pay Fees For Online Services and Consulting Services
You agree to pay all Online Services Subscription Fees Simple Salon charges you
for the Online Services when you Register. You also agree to pay all Consulting
Service Fees for staff services requested by you and provided by our staff. You
agree to pay all foreign, Commonwealth, State and Local Government, state taxes
applicable to your access, use or receipt of the Service. If Simple Salon are
required to collect overdue fees from you, you agree to pay all reasonable
costs (including solicitor's fees), if any, incurred by Simple Salon in
collecting those overdue fees from you, and to pay a late charge on any overdue
fees at Westpac Bank business cheque account overdraft rates. If a Member fails
to pay their Membership fees for the Online Service within thirty days of the
end of their Membership period, Simple Salon reserves the right to restrict
access, or "lock", all files that belong to the unpaid Membership. When a
Membership is locked, all users of the affected files will be unable to view,
edit or add any data to the file. Full access will be restored upon receipt of
all accumulated unpaid Membership fees.
3.3 How to Register to Use Your Simple Salon Online Services
You may register by using the Simple Salon website Registration Page or using
the Registration document provided by Simple Salon staff. Simple Salon may
suspend or terminate your account and refuse use of the Online Service if you
provide any information (including a valid contact email address and phone
number) that is false, misleading, inaccurate, not current or incomplete, or if
Simple Salon has reasonable grounds to believe that such information is false,
misleading, inaccurate, not current or incomplete.
3.4 Information Confidentiality
As part of the Registration process you will be allocated a password. You will
be responsible for maintaining confidentiality of any password and other access
information used by yourself and your authorised users who have Access
Authority. You acknowledge that the Internet is an open system and Simple Salon
cannot and does not warrant or guarantee that third parties cannot intercept
your information.
3.5 Communications Between You and Simple Salon
Simple Salon reserves the right to contact Subscribers by email, fax, post or
telephone to communicate important information regarding the use of the
Service. Simple Salon reserves the right to contact Subscribers by email or SMS regarding special offers and updates related to Simple Salon. Information related to other Simple Salon or site content matters, not
covered by an existing agreement for Services, will only be communicated if the
Subscriber agrees to receive that information.
3.6 Your Obligation for Completion of Your Taxation Returns, BAS, IAS and PAYG
Remittances
Simple Salon Online Services are Internet tools to help you in summarising your
financial transactions. Section 251(L) of the Commonwealth Government's Income
Tax Assessment Act says that BAS preparation work must occur under the
direction of a Registered Taxation Practitioner. BAS preparation work using
Simple Salon Online Services, if performed by Simple Salon employees, must be
referred to a Registered Taxation Practitioner for direction and review as to
accuracy and correctness. Clients of Simple Salon are responsible for the
remittance of Taxation Returns and other Government lodgments and forms for
themselves and/or for their organisation. This may occur through the client's
Registered Taxation Practitioner. Simple Salon can only assist in the
preparation of the information required by your Registered Taxation
Practitioner. We can only prepare to the extent by which we are provided
accurate information. We cannot be held responsible for errors or omissions
resulting from inadequate information. Accordingly we do not accept
responsibility for any financial loss resulting from information provided.
3.7 Your Non-Transferable License
Simple Salon grants you a non-transferable, non-exclusive and terminable right
licence to use the Subscription Services under these Terms and Conditions.
Title and ownership of the Subscription Services remain with Simple Salon. You
agree not to copy, or allow a third party to copy, modify, create a derivative
work, reverse engineer or reverse assemble, disassemble, or decompile the
Software, or any other action to allow its whole or partial re-use by the
Subscriber or others. Title and ownership of salon management data entered by
the Subscriber, or those with Authorised Access to the Subscribers database,
remains with the Subscriber. In the event of an upgrade, the Licence hereby
granted shall automatically transfer to the new version. All rights in respect
of the original version shall lapse and no further use of same shall be
permitted. The Licence in this agreement is effective until suspended or
terminated by ceasing subscription payments. Payment terms for your
subscription are in advance of the next Subscription period. In the event you
choose to end your subscription service but you would like to keep your data,
Simple Salon can provide CSV file(s), or equivalent, at a cost of $110
including GST per file. You agree to use your best endeavours to ensure the
safeguard of your Password(s) for your organisation in order to ensure there is
no unauthorised access to, copying of, or collection of information from you
data file.
3.8 How to Terminate Your Service
You may terminate the Online Service by giving us written notice. Month by Month
payment Subscribers must provide 1 month's notice. 12 Month Contract
Subscribers may not terminate part way through the 12 Month Contract, those
Subscribers terminate the service by not renewing for a following year.
3.9 Simple Salon General Practices Regarding Use of the Service
Simple Salon may establish general practices and limitations that apply to the
use of the Service. You acknowledge that Simple Salon reserves the right to
change these general practices and limits at any time, at its discretion. You
also acknowledge that Simple Salon reserves the right to disable accounts that
are inactive for an extended period of time.
4. GENERAL
4.1 Website Disclaimer
You assume all risks concerning the suitability and accuracy of the information
within the web site and publications. The web site (and pages) and publications
may contain technical inaccuracies or errors. Simple Salon bears no
responsibility for and disclaims all liability for any such inaccuracies,
errors, or omissions in the web site and publications and in any other
referenced or linked documents. Simple Salon will, from time to time, alter
information in the web site which contains pricing, market information, and/or
product specifications, and these product offerings may not be relevant to, or
available in, your country.
4.2 Links to Other Websites and Simple Salon Website General Information
The website contains links to other third-party sites which are not under the
control or responsibility of Simple Salon. Simple Salon is not responsible for
the content on any linked web sites. If you access a third-party site from this
website, then you do so at your own risk. Simple Salon is only providing these
links for a convenience to users. The inclusion of any link does not imply that
Simple Salon is endorsing or is accepting any responsibility for the content on
those third-party sites. The Simple Salon website will contain information as a
guide only and is not legal, taxation, financial or investment advice and is
not suitable to be relied on by you as such advice. You should obtain
professional legal, financial and investment advice.
4.3 Liability
Use of Simple Salon Online Services shall be at the Subscriber's own risk.
Simple Salon is not responsible for any adverse consequences arising out of the
use of the Services. You agree to indemnify, defend, and hold harmless Simple
Salon from and against any and all claims, proceedings, damages, liability and
costs (including reasonable solicitors fees) incurred by Simple Salon as a
result of any claim arising from your violation of the Terms and Conditions,
State or Commonwealth law or regulations, or any third party's rights including
but not limited to infringement of copyright, violation of any proprietary
right and invasion of privacy rights. These obligations survive termination of
the Service. Simple Salon will not accept liability for failures in providing
Services which are outside normal usage or which occur due to force majeure,
matters outside Simple Salon's control or which are not reasonably foreseeable
including an act of God, war, terrorism and civil disobedience.
4.4 Disclaimer of Warranties
The Simple Salon Online Services (including all content, software, functions,
and operational hosting services) are provided "as is", without warranty of any
kind. Simple Salon expressly disclaims all warranties of any kind, whether
express or implied, including without limitation, title, security, accuracy,
uninterrupted timely and error free service, errors in software will be
corrected, service will meet user requirements, damages or injury caused by any
failure of performance, computer virus, communication failure and unauthorised
access.
4.5 Simple Salon Proprietary and Confidential Information
You acknowledge and agree that the Simple Salon Online Services contain
proprietary and confidential information that is protected by intellectual
property and other laws. You agree not to loan, modify, lease, sell, distribute
or create derivative works based on the Service.
4.6 Transferability
You may not assign, sell, distribute, lease, rent, lend, sublicense, or transfer
the Subscription Services or this licence (subject to the prior written consent
of Simple Salon)
5. SUPPORT SERVICE
5.1 Support types
Simple Salon provides a comprehensive online help guide, plus an Online Support
Request service that is available Monday to Friday between 9am and 5pm. The
Online Support Request service will respond within 24 hours via email.
5.2 Limit of service for Online Support Request Service
Simple Salon reserves the right to limit Online Support Request responses to 30
minutes for a single support enquiry. If Simple Salon deems the Support Service
is being used in an unethical, abusive or fraudulent manner then Simple Salon
may terminate the service. Support is only available while an online service is
current and paid in full. The Simple Salon Support Service is for basic
usability and functionality inquiries. Internet, network, hardware, software
inquiries relating to third party providers cannot be resolved by Simple Salon.
Our Support Consultants will deem if the inquiry falls within the nature of the
Simple Salon Support Service. Support consultants availability and response
times may be affected by Online Support Request volumes, server maintenance and
upgrades relating to new releases.
NOTE: Your details will be sent over a secure connection.