1.       About the Website & Terms

  • Welcome to our website, https://salonmarketingsolutions.com.au/ (the ‘Website’). The Website relates to our Marketing PRO sets (the ‘Services’).
  • The Website is operated by Salon Marketing Solutions Pty Ltd ACN 642 330 130 (‘Salon Marketing Solutions’). Access to and use of the Website, or any of its associated Products or Services, is provided by Salon Marketing Please read these terms and conditions (the ‘Terms’) carefully. Using, browsing and/or reading the Website, signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Services, immediately.
  • Salon Marketing Solutions reserves the right to review and change any of the Terms by updating this page at its sole When Salon Marketing Solutions updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. The extent of the reasonableness of such endeavours will depend on the nature of the updates, and no notice to you may be deemed reasonable if the updates are minor or cosmetic in nature. Any changes to the Terms take immediate  effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.       Acceptance of the Terms

  • You accept the Terms by connecting to, and remaining on, the You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Salon Marketing Solutions in the user interface.

3.       Subscription to use the Services

  • In order to access the Services, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’).
  • The minimum term for the Subscription is twelve (12) months from the date of purchase (the ‘Subscription Period’).
  • At the conclusion of each Subscription Period, your Subscription will automatically renew for a further twelve (12) month Subscription Period, unless you advise Salon Marketing Solutions in accordance with clause 12 of the Terms.
  • In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for you and your use. You acknowledge and agree that Salon Marketing Solutions is not aware of your needs or intended use for the Services, nor that Salon Marketing Solutions provide any warranties of the suitability of the Services for that purpose. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘Account’).
  • As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
    • Email address;
    • Preferred username;
    • Mailing address;
    • Telephone number; and
    • Password
  • You warrant that any information you give to Salon Marketing Solutions in the course of completing the registration process will always be accurate, correct and up to You also warrant that you will update Salon Marketing Solutions in the event that this information changes.
  • Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the earlier of the Subscription Period expiring or termination.
  • You may not use the Services and may not accept the Terms if:
    • you are not of legal age to form a binding contract with Salon Marketing Solutions; or
    • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the
  • By accepting the Terms and becoming a registered Member, you warrant that you are capable of forming a binding contract with Salon Marketing Solutions and you are not barred from receiving the Services by law.

4.       Payment of the Subscription Fee

  • Payment of the Subscription Fee is to be completed as required by Salon Marketing Solutions and clause 5 of these Terms. This will typically be on a monthly or annual basis.
  • If payment of the Subscription Fee is to be paid on a monthly basis, then payment is due each month, from the day of commencement of the Subscription Period, unless otherwise directed by Salon Marketing Solutions.
  • If you terminate your Subscription prior to the conclusion of the Subscription Period, you will be charged without notice for the balance of the Subscription Fee that is payable for the remainder of the Subscription Period.
  • Salon Marketing Solutions is entitled to amend or alter the payment structure from time to time as it deems necessary.
  • The Subscription Fee excludes all external costs for third parties that may be associated with use of, or access to, the Services, including email services, publication software, editing software and illustration software. Salon Marketing Solutions will not indemnify you for any such costs. This includes but is not limited to services such as MailChimp and Canva, which may be necessarily required to utilize and obtain benefit from the Services.

5.       Payment Method

  • Where the option is given to you, you may make payment of the Subscription Fee by way of Credit Card Payment (‘Credit Card’) or any other payment method offered or required by Salon Marketing Solutions from time to time, including online payment platforms such as Stripe.
  • All payments made in the course of your use of the Services are to be made using Stripe, unless directed otherwise by Salon Marketing Solutions. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the E-Way terms and conditions which are available on their
  • You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription
  • You agree and acknowledge that Salon Marketing Solutions can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription

6.       Your obligations as a Member

  • As a Member, you agree to comply with the following:
    • you will use the Services only for purposes that are permitted by:
      • the Terms; and
      • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    • you have the sole responsibility for protecting the confidentiality of your password and/or email Use of your password by any other person will result in the immediate cancellation of the Services and the payment of a sum equal to the Subscription Fee, for every individual or organisation that has used your password. As a Member, you agree that payment of this fee is reasonable compensation for loss suffered by Salon Marketing Solutions due to your breach;
    • any use of your registration information, or materials accessed by way of that registration information, by any other person, or third parties, is strictly Use of your registration information by any other person  will result in the immediate cancellation of the Services and the payment of a sum equal to the Subscription Fee, for each individual or organization that has accessed or used your registration information. As a Member, you agree that payment of this fee is reasonable compensation for loss suffered by Salon Marketing Solutions;
    • you agree to immediately notify Salon Marketing Solutions as soon as reasonably practicable of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    • access and use of the Website is limited, non-transferable and allows only the sole use of the Website by you, for the purposes of Salon Marketing Solutions providing the Services;
    • youwillnotusetheServicesortheWebsiteinconnectionwithanycommercialendeavoursexceptthosethatarespecificallyendorsedorapprovedbythemanagementofSalonMarketingSolutions;
    • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Appropriate legal action will be taken by Salon Marketing Solutions for any illegal or unauthorised use of the Website; and
    • you acknowledge and agree that any automated use of the Website or its Services is

7.       Refund Policy

 

Salon Marketing Solutions will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of

 

Salon Marketing Solutions makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).

Salon Marketing Solutions shall not be liable for any delay or failure to perform its obligations under any agreement, including providing the Services, if such delay or failure is due to a Force Majeure.

8.       Copyright and Intellectual Property

  • The Website, the Services and all of the related products of Salon Marketing Solutions are subject to The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Salon Marketing Solutions or its contributors.
  • All trademarks, service marks and trade names are owned, registered and/or licensed by Salon Marketing Solutions, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
    • use the Website pursuant to the Terms;
    • copy and store the Website and the material contained in the Website in your device’s cache memory; and
    • print pages from the Website for your own personal and non-commercial

Salon Marketing Solutions does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Salon Marketing Solutions.

  • Salon Marketing Solutions retains all rights, title and interest in and to the Website and all related Nothing you do on or in relation to the Website will transfer any:
    • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
    • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
    • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

 

to you.

  • You may not, without the prior written permission of Salon Marketing Solutions and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these This prohibition does not extend to materials that Salon Marketing Solutions has stated otherwise, and are freely available for re-use or are in the public domain.
  • Any use of your registration information, or materials accessed by way of that registration information, by any other person, or third parties, is strictly Use of your registration information by any other person  will result in the immediate cancellation of the Services and the payment of a fee by you of a sum equal to the Subscription Fee for every individual or organization that has been provided with your registration information or accessed the Services. As a Member, you agree that payment of this fee is reasonable compensation for loss suffered by Salon Marketing Solutions.
  • You agree to immediately notify Salon Marketing Solutions as soon as reasonably practicable of any unauthorized use of your password or email address, or any breach of security of which you have become
  • Access and use of the Website is limited, non-transferable and allows only the sole use of the Website by you, for the purposes of Salon Marketing Solutions providing the
  • You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or         approved by the management of Salon Marketing Solutions in writing.
    • You will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the
    • You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Appropriate legal action will be taken by Salon Marketing Solutions for any illegal or unauthorized use of the Website.

9.       Privacy

  • Salon Marketing Solutions takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Salon Marketing Solutions ’s Privacy Policy, which is available on the

10.    General Disclaimer

  • Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or
  • Subject to this clause, and to the extent permitted by law:
    • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
    • Salon Marketing Solutions will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or
  • Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Salon Marketing Solutions make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Salon Marketing Solutions) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
    • costs incurred as a result of you using the Website, the Services or any of the products of Salon Marketing Solutions; and
    • the Services or operation in respect to links which are provided for your

11.    Limitation of liability

  • Salon Marketing Solutions ’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to
  • You expressly understand and agree that Salon Marketing Solutions, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

12.    Termination of Contract

  • The Terms will continue to apply until terminated by either you or by Salon Marketing Solutions as set out
  • If you want to terminate the Terms, you may do so by:
    • providing Salon Marketing Solutions with 30 days’ notice of your intention to terminate;
    • closing your accounts for all of the services which you use, where Salon Marketing Solutions has made this option available to you; and
    • pay any and all Subscription Fees, payments or fees that are due and payable.
  • Your notice should be sent, in writing, to Salon Marketing Solutions via the ‘Contact Us’ link on our
  • You are not entitled to a refund or reimbursement upon termination, for any fees or payments paid for the Subscription Period.
  • Salon Marketing Solutions may at any time, terminate the Terms and any agreement with you  if:
    • you have breached any provision of the Terms or intend to breach any provision;
    • Salon Marketing Solutions is required to do so by law;
    • The provision of the Services to you by Salon Marketing Solutions is, in the opinion of Salon Marketing Solutions in its sole discretion, no longer commercially
  • Subject to local applicable laws, Salon Marketing Solutions reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Salon Marketing Solutions ‘s name or reputation or violates the rights of those of another

13.    Indemnity

  • You agree to indemnify Salon Marketing Solutions, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
    • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
    • any breach of the

 

14.    Dispute Resolution

  • Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

  • Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms,must give written notice to the other party detailing the nature of the dispute, thedesiredoutcomeandtheactionrequiredtosettletheDispute.

Resolution:

On receipt of that notice (‘ Notice’) by that other party, the parties to the Terms (‘Parties‘) must:

  • Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of The NSW Small Business Commission or his or her nominee;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation The Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in Sydney,
  • Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

  • Termination of Mediation:

If 1 month has elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

15.    Venue and Jurisdiction

  • The Services offered by Salon Marketing Solutions are largely consumed by individuals and entities based in Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales,

16.    Governing Law

  • The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
  • The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17.    Independent Legal Advice

  • Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of

18.    Severance

  • If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in