Terms and Conditions

Welcome to COSMABL! We provide a platform where Practitioners and Clients can connect and transact for the provision of cosmetic services (Platform).

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Northern Beaches Aesthetics Pty Ltd T/A COSMABL (ABN 35616926357).

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a user. You cannot use our Services unless you agree to these Terms. The obligations in these Terms apply equally to Practitioners and Clients, unless we state otherwise.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email: info@cosmabl.com.

These Terms were last updated on 26 March 2024.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

• You understand and agree that we are a marketplace. We only make available the Platform, and process payments between Clients and Practitioners. We do not provide any cosmetics or other similar services. We are not party to any agreement entered into between a Client and a Practitioner and we have no control over the conduct of Practitioners, Clients or any other users of the Platform. We have no liability for any aspect of the Practitioner and Client interaction including the services offered by the Practitioner, the description of the services requested or offered, any advice provided, the performance of services, and any event outside of our reasonable control;

• we receive a small service fee from each Practitioner for their use of the Platform;

• our privacy policy (on our website) which sets out how we will handle your personal information;

• clause 2.5 (Variations) which sets out how we may amend these Terms; and

• clause 15 (Liability) which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites through a link on our Platform, or for featuring certain goods or services on our Platform.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Disclaimer

   1. We, including our employees, agents, consultants and contractors, do not give medical advice, treatment or diagnoses with the exception of medical advice and treatment requiring use of botulism toxin injections for cosmetic purposes.

   2. The information on our Platform is intended to be general information only and is in no way intended to be medical advice, treatment or diagnoses. You acknowledge and agree that nothing in the Platform or in the Services we provide to you may be taken to be medical advice, treatment or a diagnosis by us or our representatives, nor are they intended to be a substitute for consulting a medical practitioner for your particular circumstances and needs. We do not accept any liability for any injury, loss, or damage incurred by the use or reliance on the information provided on the Platform. If you have any health or medical issues or concerns, you agree to speak with an appropriately qualified medical professional prior to using our Services. If you require immediate medical attention, please contact 000 immediately or seek alternative and appropriate medical services.

2. Platform Licence and Term

   1. These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.

   2. You must be at least 18 years old to use our Platform.

Platform Licence

1. While you have an Account, we grant you a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person.

   1. You must not:

1. access or use our Platform in any way that is improper or breaches any laws, infringes any person’s rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;

2. interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;

3. introduce any viruses or other malicious software code into our Platform;

4. attempt to access any data or log into any server or account that you are not expressly authorised to access;

5. use our Platform to send unsolicited electronic messages;

6. use dating mining, robots, scraping or other data gathering and extraction tools on our Platform; or

7. access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

   1. Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Platform) on and from the date of cancellation.

1. Platform Summary

   1. Practitioners wishing to provide cosmetic services to Clients must create an Account and provide us with:

      1. all information as required by us (including, without limitation, their name, contact details, licence/medical registration details, available services, specialisations, service fees, service locations, whether the Practitioner is registered for GST and applicable cancellation fee that may be charged should a Client cancel a Confirmed Booking (Cancellation Fee)); and

      2. all additional terms and conditions relating to their services, which will be displayed on their profile on the Platform for Clients to view (Practitioner Terms). In the case of any inconsistency between the Practitioner Terms and these Terms, these Terms will prevail.

   2. A Client wishing to purchase cosmetic services must create an Account and submit a booking request through the Platform (Booking Request).

Booking Requests

1. To make a Booking Request, the Client must:

   1. use the online booking form to request a booking for the specific cosmetic services that the Client requires and provide us with any information as requested by us (including the Client’s name, contact details and location);

      1. fill out the health questionnaire as set out on the Platform and provide us with the relevant informed consent to allow us to share your answers to the questionnaire to those third parties as set out in the informed consent.

   1. Once a Booking Request is created, the Platform will provide the Client with a list of the available Practitioners who can provide the requested cosmetic services at the time and locations specified by the Client. The list will also include the following details for each Practitioner:

      1. the fees for the relevant Practitioner Services (Booking Fees);

      2. any applicable additional fees, including Cancellation Fees, deposits or call-out fees; and

      3. any applicable Practitioner Terms.

   2. Where the Client selects their preferred service time and Practitioner from the provided list:

      1. the Client accepts and agrees to the Practitioner Terms;

      2. the Client represents and warrants their ability to pay the Booking Fees, and any other fees as described in clause 3.4 in accordance with the payment terms as set out on the Platform; and

      3. a Confirmed Booking is created, which will include a description of the cosmetics services to be provided by the Practitioner to the Client (Practitioner Services) and the scheduled time and date for the provision of those services (Service Date).

   Provision of the Practitioner Services and Revised Booking Fees

   1. Upon arrival of the Practitioner to the location agreed between the Parties for the provision of the Practitioner Services, the Practitioner will set up a video call between the Practitioner, the Client and a third-party medical professional (Doctor) who will assess the suitability of the Practitioner Services for the Client. If, following the call:

      1. the Doctor and Practitioner approves the Practitioner Services, the Client must:

         1. provide their consent to proceed with the provision of the Practitioner Services; and

         2. pay the relevant Booking Fee via the Platform prior to the provision of the Practitioner Services; or

      2. the Doctor or Practitioner reasonably determines that the relevant Practitioner Services agreed at the time that the Client made the Confirmed Booking are not suitable or appropriate for the Client, the Practitioner may:

         1. cancel the Confirmed Booking, in which case, the Client will not be liable to pay any Booking Fees, however, the Client will not be entitled to any refund of any Deposit already paid (where applicable); or

         2. propose an alternative service to the Practitioner Services that is more appropriate to the Client and propose a price adjustment to the Booking Fee to account for the service changes. The Client has the right to accept tor decline the price adjustment proposed by the Practitioner, in which case:

            1. if the Client rejects the adjustment, the Client will not be liable to pay any Booking Fees, however, the Client will not be entitled to any refund of any Deposits already paid (where applicable); or

            2. if the Client accepts the adjustment, the parties will revise the details of the Practitioner Services and/or price of the Booking Fee accordingly (Revised Booking Fee), and the Client must provide their consent to proceed with the provision of the Practitioner Services and pay the Revised Booking Fee via the Platform prior to the provision of the Practitioner Services.

   2. By agreeing to this clause, the Client acknowledges and accepts the possibility of a price adjustment in the event of the Practitioner Services not being suitable to the Client (including where the Client has provided us with inaccurate, untruthful or misleading information, or where any existing medical or health conditions renders specific Practitioner Services not suitable).

   Conditions for Payment

   1. All monies paid for the Booking Fees or Revised Booking Fee (as applicable) by Clients to the Practitioner will be held by a third-party payment processor, and will be distributed to Practitioners within 48 hours after the relevant Practitioner Services have been supplied, less any amounts set-off in accordance with clause 3.12. Practitioners will only be paid the Booking Fee or Revised Booking Fee (as applicable) where Clients have made payment.

   2. At the same time payment is made in accordance with clause 3.8, the Platform will generate and will send a Tax Invoice:

      1. for the Booking Fee or Revised Booking Fee (as applicable) to the Client on behalf of the Practitioner, with the Practitioner listed as the supplier of, and the Client listed as the recipient of, the Practitioner Services; and

      2. for the Service Fee to the Practitioner, with us listed as the supplier of, and the Practitioner listed as the recipient of, the applicable services.

   3. As a Practitioner, it is your responsibility to provide the relevant cosmetics services to the Clients as agreed between the Parties, and you must comply with all of your responsibilities in doing so, as set out in these Terms and as required by Law.

   4. We do not endorse or approve, and are not responsible for, any Practitioner Services. The sole purpose of the Platform is to facilitate the connection between Practitioners and Clients including the services the Platform provides. We may, at any time (at our sole discretion), remove any Practitioner profile, including where a Practitioner profile: (a) is illegal or offensive; or (b) contains graphic, inappropriate or unlawful content.

   5. In consideration for providing the Platform, we will charge a service fee to Practitioners as set out on our Platform (Service Fee). The Service Fee is inclusive of GST. We will set off the Service Fee and any third-party payment processing fees from the Booking Fee or Revised Booking Fee (as applicable) paid by Clients.

   6. Communication: Practitioners and Clients can communicate privately using our private messaging service. Practitioners and Clients must not use our Platform to obtain each other’s contact details for the purpose of circumventing any fees payable to us for the use of our Platform and our Services.

For Practitioners Only

1. By signing up to the Platform and agreeing to provide any Practitioner Services, you confirm that you are legally entitled to and capable of supplying the relevant Practitioner Services.

   1. You must have appropriate insurance to cover the Practitioner Services that you make through our Platform. We may request that you provide us with evidence of your insurance cover. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the Practitioner Services you make. If we do not ask you to provide evidence of insurance, this does not indicate that we believe you do not require insurance. You acknowledge and agree that it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

GST

1. If a Practitioner is registered for GST, the Practitioner agrees that:

   1. the Platform will automatically add GST to the Booking Fee or Revised Booking Fee (as applicable), which will be shown to the Client at the same time the Client receives the list described in clause 3.4; and

      1. the Tax Invoice generated on the Practitioner’s behalf in accordance with clause 3.9(a) will apportion the Booking Fee or Revised Booking Fee (as applicable) between the GST and non-GST components of the applicable fee.

2. Access to the Premises

   1. By making a Confirmed Booking, the Client agrees to provide the Practitioner with access to their premises (and its facilities) as is reasonably necessary for the Practitioner to provide the Practitioner Services, free from harm or risk to health or safety at the times and on the dates reasonably requested by the Practitioner or as agreed between the parties.

3. Our Services

   1. Subject to your compliance with these Terms, we will provide you with access to our Platform which has functionalities to assist the Practitioner and the Client with payment processes and booking systems (our Services).

   2. We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform.

   3. You understand and agree that:

      1. we are not engaged in the practice of medicine;

      2. we do not offer any medical advice, treatments or diagnoses to Clients;

      3. the Services are solely a secondary marketplace tool whereby the Platform facilitates the connection between Clients and Practitioners;

      4. the Services are provided solely for your convenience; and

      5. the Platform is not a medical device for the provision of diagnosing, preventing, monitoring, predicting, treating or alleviating disease, injury or disability.

   4. Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).

   5. Beta Services: If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.

4. Account

   1. Accounts for Practitioners and Clients are different, and you must choose the correct Account based on how you want to use our Platform. Practitioners who also want to purchase Practitioner Services must create a separate Account for that purpose, and vice versa.

   2. While you have an Account on the Platform, you agree to:

      1. keep your information up-to-date (and ensure it remains true, accurate and complete);

      2. keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and

      3. notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

Identity Checks – For Practitioners Only

1. Before you can have an Account, you must pass the identity verification process (Identity Check) required on the Platform. We may conduct this process ourselves or through a third party.

   1. You agree to co-operate with us in carrying out the Identity Check, including by providing us with any Personal Information necessary to complete this process (such as your name, proof of address, and proof of identity). Where we have engaged a third party to carry out the Identity Check, you consent to us disclosing your Personal Information to that third party for this purpose.

2. Payments

   1. You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Platform (as applicable).

   2. You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of our Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

   3. We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.

   4. Late Payments: If any fees due to us under these Terms or as a result of your use of our Services are not paid on time, we may:

      1. suspend your access to our Services (including access to our Platform); and

      2. charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.

   5. Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

3. Promotions

For Practitioners Only

1. We may time-to-time, and you may choose to purchase, promotional opportunities, such as a feature in our email marketing or promoted placement on our Platform (Promotional Opportunity). Promotional Opportunities are subject to the fees and the terms and conditions as set out in any Promotional Opportunity offer displayed on our Platform or as otherwise communicated to you. In the event of any conflict between any Promotional Opportunity terms and conditions and these Terms, the Promotional Opportunity terms and conditions will prevail.

2. Reviews

   1. Practitioners and Clients may review their experiences with each other on our Platform (Review). We may (in our sole discretion) remove Practitioners and Clients from our Platform who receive a high number of negative Reviews.

   2. You agree to provide true, fair and accurate information in your Review. If we consider that your Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting further Reviews. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Review.

   3. You may only write a Review about your own experience. You must not write a Review about another person’s experience.

   4. If you have been offered an incentive (such as a gift, reward, discount or payment) for leaving a Review, you should include information about this in your Review.

   5. You must not disclose any Personal Information in your Review.

3. Availability, Disruption and Downtime

   1. While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

   2. Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

   3. We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.

4. Confidential Information and Personal Information

   1. While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

   2. However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

   3. We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.

   4. You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

   5. Practitioners and Clients must not disclose Personal Information about each other to third parties unless authorised by these Terms or by law.

   6. We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors). As part of our Services, we will also need to disclose information about Clients to Practitioners, and vice versa, so that they can connect and transact.

   7. Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

5. Consumer Law Rights

   1. In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.

   2. Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

   3. If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

   4. Clients may have Consumer Law Rights in respect of Practitioner Services made by Practitioners.

6. Refunds and Cancellation Policy

   1. This Refunds and Cancellation Policy applies to all cosmetics services booked and paid for through the Platform. It does not cover any refunds or disputes related to products or services obtained directly from individual service providers outside our Platform.

   2. Practitioners agree to deal with the cancellation and refund of Confirmed Bookings in accordance with our policy as set out below.

   3. Cancellation by the Practitioner: In the event that a Practitioner cancels a Booking after it has been confirmed and payment has been made, the Client must contact us via the Platform and/or email and we will assist the third-party payment processor with refunding the Client with the full amount of the Booking Fee.

   4. Cancellation by the Client: The Client may be eligible for a refund of the Booking Fee if the Client cancels a Booking at least 24 hours prior to the Service Date. However, a Cancellation Fee may apply (as set out on the Platform at the time the Client makes a Confirmed Booking). If the Client cancels less than 24 hours prior to the Service Date, the Client will not be entitled to any refund of the Booking Fee.

   5. Service Non-Performance or Unsatisfactory Service: Where a Practitioner fails to perform the agreed-upon cosmetic service as agreed between the Parties for a Confirmed Booking (except in accordance with clause 3.6) or where the Client is dissatisfied with the service provided by a Practitioner as part of a Confirmed Booking, any refunds relating to such service non-performance or unsatisfactory services is strictly a matter between Practitioners and Clients. The Practitioner Terms must clearly set out whether refunds are permitted. However, if Practitioners fail to deliver Practitioner Services the subject of a Confirmed Booking to Clients, and Clients have made an effort to communicate with Practitioners about unfulfilled Confirmed Bookings, then we may process a refund of any Booking Fees paid by Clients in respect of unfulfilled Confirmed Bookings. Any fees for our Services charged to Practitioners who do not fulfill their Confirmed Bookings are still due to us even where we have refunded Clients, and those fees are a debt due and payable by Practitioners to us which we may deduct from any future payments made by Clients.

   6. For any disputes between a Client and a Practitioner, we encourage parties to attempt to resolve disputes (including claims for returns or refunds) with the other party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.

   7. If you have any questions or concerns regarding our refunds and cancellations policy, please contact our customer support team for assistance.

   8. This clause will survive the termination or expiry of these Terms.

7. Intellectual Property and Data

   1. We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.

   2. We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

1. We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

   1. supply our Services to you (for example, to enable you to access and use our Services), and otherwise perform our obligations under these Terms;

      1. diagnose problems with our Services;

      2. improve, develop and protect our Services;

      3. send you information we think may be of interest to you based on your marketing preferences;

      4. perform analytics for the purpose of remedying bugs or issues with our Platform; or

      5. perform our obligations under these Terms (as reasonably required).

   1. You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks, and may be transferred unencrypted.

   2. You are responsible for (meaning we are not liable for):

      1. the integrity of Your Data on your systems, networks or any device controlled by you; and

      2. backing up Your Data.

   3. When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

   4. If you do not provide Your Data to us, it may impact your ability to receive our Services.

2. Warranties

   1. You represent, warrant and agree that:

      1. you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;

      2. there are no legal restrictions preventing you from entering into these Terms;

      3. all information and documentation that you provide to us in connection with these Terms is true, correct and complete.

3. Liability

   1. To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:

1. any aspect of the interactions between Practitioners and Clients, including in relation to any Practitioner Services or Confirmed Bookings (including any advice or services provided by the Practitioner);

2. your computing environment (for example, your hardware, software, information technology and telecommunications services and systems);

3. the use or results of any Identity Check; or

4. any use of our Services by a person or entity other than you.

   1. Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

5. neither we or you are liable for any Consequential Loss;

6. a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;

7. (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

8. our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000.

1. Suspension and Termination

   1. We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.

   2. We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if:

      1. you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;

      2. you breach these Terms and that breach cannot be remedied; or

      3. you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

   3. You may terminate these Terms if:

      1. we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or

      2. we breach these Terms and that breach cannot be remedied.

   4. You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 18.9), and termination will take effect immediately.

   5. Upon termination of these Terms:

      1. we will retain Your Data (including copies) as required by law or regulatory requirements;

      2. for Practitioners, their Account will be removed and any Confirmed Bookings not yet provided will be cancelled (and Clients will be refunded accordingly); and

      3. for Clients, their Confirmed Bookings not yet provided will be honoured unless it is a requirement of the relevant Confirmed Booking that Clients are active users of our Platform (in which case a refund will be at the discretion of Practitioners or the Practitioner Terms (if any)).

   6. Termination of these Terms will not affect any other rights or liabilities that we or you may have.

2. General

   1. Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

   2. Disputes between Practitioners and Clients: We encourage Practitioners and Clients to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, Practitioners and Clients may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between Practitioners and Clients.

   3. Disputes with Cosmabl: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If the Dispute is not resolved at that initial meeting:

1. where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or

   1. where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

   1. Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

   2. Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.

   3. Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

   4. Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

   5. Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

   6. Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

   7. Survival: Clauses 11 to 18 will survive the termination or expiry of these Terms.

   8. Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third-party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.

1. Definitions

   1. In these Terms:

Account means an account accessible to the individual or entity who signed up to our Services.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.

GST has the meaning given in the GST Act.

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Platform means our cloud-based platform that we provide you with access to as part of the Services.

Services means the services we provide to you, as detailed in clause 5.1.

Tax Invoice has the meaning given in section 29-70 of the GST Act.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.