Terms & Conditions
Update on 01/01/2023
Thanks for choosing BookRelax!
Please read these Terms of Use before you start to use the BookRelax Platform. By using the Platform, you acknowledge and agree that you have had sufficient chance to read and understand the Terms of use and agree to be bound by them. If you do not agree to the Terms, you must not use the Platform in any way. These Terms commence on the date you access and use the Platform.
1. INTRODUCTION
1.1. These Terms of Use (“Terms”) are a binding legal agreement between you and Sunflower Software Pty Ltd ACN:600 994 803 (“Sunflower”).
1.2. Sunflower is a technology services provider. The BookRelax Platform is a software produced by Sunflower. BookRelax offers a simple, convenient online venue that enables users to publish, offer, search for, and book services. Users who publish and offer services are “Providers,” and Users who search for, book services are “Customers.” Providers, Customers, and all other people who access the Platform are “Users.” Each Service listed by the Provider on BookRelax is a "Service," the Person who have or use the booked services are “Consumers”.
1.3. Sunflower is not a party to the contracts between Providers and Consumers. Sunflower does not provide services or products that listed on the Platform. Sunflower does not employ the Providers, nor does it act as an agent or broker for the Providers. Sunflower has no control over and is not responsible for the actions or omissions of the Provider or any other users of the Platform.
2. USERS AND ACCOUNTS
2.1. By accessing or using the Platform, You must register an account to access and use any features of the BookRelax Platform and must keep your account information accurate. You will be issued with a username and password, which will link to your User Profile. The username and password are personal to you and are not transferable.
2.2. You are responsible for all information posted on or transmitted via the Platform by anyone using your username and password and any payments due for the Service acquired through the Platform by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.
2.3. Users are not allowed to register multiple Accounts. Your Account(s) may be terminated by Sunflower if you have or attempt to do so. Sunflower may delete or block User Profiles at its sole discretion. Blocked users are prohibited from setting up a new User Profile.
3. AVAILABILITY
3.1. The Platform may be unavailable at certain times, including to allow for maintenance and upgrades. Sunflower reserves the right to alter or withdraw the Platform at any time.
4. PROVIDER’S OBLIGATIONS AND RESPONSIBILITIES.
4.1. Providers will provide the Service described in the Booking Confirmation to the Customers, including by handling any Consumer and Customer inquiries before, during and after the provision of the Service.
4.2. Providers are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Services. Providers are responsible for setting your price and establishing rules and requirements for your services. Providers must describe any and all fees and charges in your service description.
4.3. Providers are responsible for understanding and complying with any laws, regulations, and rules, and any contracts with third parties applicable to your Services. For example: Private Health Fund Policies or Massage association regulations. Information that Sunflower provided regarding industry requirements is for informational purposes only, and Providers should independently confirm your obligations and check your local laws, regulations, and policies to learn what requirements apply to the Services you offer. Providers are responsible for handling and using personal data of Customers and Consumers in compliance with applicable privacy laws. If you have questions about how local laws apply, you should always seek legal advice.
4.4. The Provider's Listed service must include complete and accurate information about your Service, your price, other potential charges, and any rules or requirements that apply to your Consumers or Services. Providers are responsible for keeping their Service information up-to-date and accurate at all times.
4.5. Providers do not have any rights for the booking charges including gift voucher payments paid by the customer to Sunflower until services have been provided.
4.5.1 The funds paid by customers for purchasing gift vouchers remain the property of the customers any time before the expiry date of the gift vouchers. Customers retain the right to request a refund before the expiry date of the vouchers.
4.5.2 Sunflower only settle the amount corresponding to redeemed vouchers to the respective merchants. A service fee of 2.2% will be charged for the amount settled to the merchant. In cases where a gift voucher expires, the unredeemed amount will not be settled to merchants.
4.5.3 Once a gift voucher has been settled with a merchant, any subsequent payment disputes will not result in a chargeback of funds from the merchant. Sunflower bears all losses from payment disputes. However, if a gift voucher has not been settled and a payment dispute arises, the gift voucher will be rendered invalid immediately.
4.5.4 The outstanding balance from expired gift vouchers will be considered revenue for Sunflower and allocated towards covering the expenses associated with payment disputes and platform maintenance.
4.6. Providers agree to pay a service fee to Sunflower for each service provided. Sunflower charges Provider 2.2% of the service price for each Service provided by the Provider. Sunflower calculates Provider’s Payout each Monday for the week past and transfer the payout to Provider’s nominated bank account in due course. The payout to Provider by week is 97.8% of the service price for the services provided in the past calendar week.
5. CUSTOMER’S OBLIGATIONS AND RESPONSIBILITIES.
5.1. When Customers book a Service, customers agree to pay all charges for the booking, including the Booking price and Booking Fees, and any other items identified during checkout.
5.2. All prices quoted on the Platform are in Australian Dollars and, unless expressly stated otherwise are inclusive of GST. All prices quoted on the Platform are subject to change without notice, and all Goods and/or Services displayed on the Platform are subject to availability.
5.3. The Bookrelax Platform utilises a Payment Gateway operated to:(i) collect Booking Proceeds; and (ii) make Partial and Full Refund(s).The Payment Gateway’s transaction fee is $0.3 + 1.75% to 2.9% of transaction amount, vary depends on the card type.
Sunflower charges Customers who purchase services/goods 2% of the service price +$0.3 for each transaction. These charges are mainly used to cover the Payment Gateway’s transaction fee.
5.4 You can only purchase Goods and/or Services by using the Payment Gateway with a valid credit card or debit card bearing the Mastercard, Visa, or American Express symbol. Any credit card or debit card and associated payment details you use on the Application will be held by the Payment Gateway and not by Sunflower. For more information about protecting your personal information, please see our Privacy Policy.
5.5. Sunflower does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.
5.6. BookRelax provides customer with a function to make a booking request for a Specific Therapist; however, this is subject to the availability of the Specific Therapist. If the Specific Therapist is unavailable, your booking Request will convert into an ordinary Booking Request and be processed in accordance with this clause.
5.7. Customers are responsible and liable for their own acts and omissions and are also responsible for the acts and omissions of anyone Customer booked the service for. Customers must act with integrity, treat others with respect, and comply with applicable laws at all times. If Customers are booking for an additional guest who is a minor or if you bring a minor to a Service, the Customer must be legally authorised to act on behalf of the minor, and you are solely responsible for the supervision of that minor.
6. CANCELLATIONS AND REFUNDS
6.1. Customer may through the Platform and without cost except for Booking Fees, cancel a Service Request despite a Booking Confirmation and receive a refund of 100% of the amount paid via the Platform in relation to the Service (Full Refund of the service price).
6.2. If you cancel or withdraw a Service Request despite a Booking Confirmation: (i) less than twenty-four (24) hours prior to the time the Services were to be performed as specified in the Booking Confirmation, you acknowledge and agree that you will only be entitled to a refund of 50% of the Booking Proceeds (Partial Refund); and (ii) less than two (2) hours prior to the time the Services, the subject of the Booking Confirmation, were to be performed as specified in the Booking Confirmation, you acknowledge and agree that you are not entitled to a refund of any of the Booking Proceeds.
6.3. Sometimes, due to unforeseen circumstances, a Service Provider needs to cancel or re-schedule the supply of Services, the subject of a Booking Confirmation. If a Service Provider re-schedule the supply of Services, the subject of a Booking Confirmation, the Provider will advise you of the new date for the supply of the rescheduled Services. If Customers are unable to receive the Services on the rescheduled date, the subject of a Booking Confirmation is otherwise cancelled by the Service Provider. Sunflower will refund the Customer the full amount paid by the Customer for the Service Request, the Booking Confirmation will be cancelled.
7. RESPONSIBILITY FOR SATISFYING SERVICE REQUEST(S)
7.1. Sunflower accepts no responsibility or liability for the quality or quantity of any Goods and/or Services displayed on the Platform, including Goods and/or Services the subject of a Service Request and/or Booking Confirmation.
7.2. The relevant Service Provider has the sole responsibility for satisfying any Service Request the subject of a Booking Confirmation. All questions regarding Goods and/or Services the subject of a Booking Confirmation should be directed to the relevant Service Providers. Any disputes between Customers and Providers are to be resolved between the Customers and Providers.
8. TERMINATION
8.1. Users may terminate this agreement at any time by sending us an email or by deleting your account. Sunflower may terminate this agreement for any reason by giving you 30 days' notice via email or using any other contact information you have provided for your account. Sunflower may also terminate this agreement immediately and without prior notice and stop providing access to the BookRelax Platform if (i) you materially breach these Terms (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of BookRelax, its Users, or third parties, or (iv) your account has been inactive for more than one year.
8.2. Any person who holds a suspended or terminated Account must not place or attempt to place a Booking or re-join or attempt to re-join the Platform without Sunflower’s prior written consent, which may be withheld at Sunflower's absolute discretion.
9. EFFECT OF TERMINATION
9.1. If you are a Provider and terminate your BookRelax account, any confirmed booking(s) will be automatically cancelled, and your Customers will receive a full refund. If you terminate your account as a Customer, any confirmed booking(s) will be automatically cancelled, and any refund will depend upon the terms of the Listing's cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content.
10. INTELLECTUAL PROPERTY
10.1. All text, graphics, user interfaces, photographs, trademarks, logos, and artwork, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Platform is owned, controlled or licensed by or to Sunflower, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
10.2. You may only use the information on the Platform for personal, non-commercial informational purposes. No content on the Platform may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Sunflower’s prior written consent.
11. MODIFICATION OF THESE TERMS
11.1. Sunflower periodically reviews the Terms and reserves the right to amend the Terms, without any notice to you, by updating this document. You should review this document, as available on the Platform, regularly as any changes to the Terms take immediate effect from the date of the publication on the Platform. Every time you access the Platform, the Terms in force at the time of your access will apply to your use of the Platform. The continued access and use of the Platform constitute your consent to be bound by these Terms, as amended from time to time.
12. LIMITED LIABILITY
12.1. To the extent permitted by law, under no circumstances will Sunflower have any liability for any direct, indirect losses or damages, including without limitation, damages for loss of business or loss of profits, arising in contract, tort, or otherwise from the use or inability to use the Platform. The Terms do not affect your statutory rights as a consumer.
13. THIRD-PARTY WEBSITES
13.1. The Platform may contain links to other third-party websites. The third-party Websites are not under the control of Sunflower, nor is Sunflower responsible for the practices, content, or availability of the third-party Websites. Sunflower will not be held responsible or liable for any loss or damages caused by your access or use of third-party websites, including your reliance on any contents, goods, or services available on the third-party websites.
14. ASSIGNMENT
14.1. Sunflower reserves the right to assign or sub-contract any or all of our rights and obligations under these Terms.
15. SEVERABILITY
15.1. If a provision in this Agreement is unenforceable or invalid in any jurisdiction, it will be ineffective in that jurisdiction to the extent that it is unenforceable or invalid. No provision in this Agreement will otherwise be affected in any jurisdiction.
We reserve the right to refuse a booking at any time from any person reasonably believed to: • Not be the person named on the booking request • Not be the person named on the credit card or not be authorised to use the card • Not be able to pay for any charges • May exhibit socially unacceptable behaviour • Be younger than 18 years and not accompanied by a responsible person over that age.
