Terms

Terms

and Conditions

and Conditions

AFTR (trading as Chozun Labs) TERMS AND CONDITIONS

Thank you for downloading the AFTR (trading as Chozun Labs) mobile application. AFTR (trading as Chozun Labs) is owned and operated by AFTR Pty Ltd (trading as Chozun Labs) (ACN 600 222 428). AFTR's Booking Service enables you to view, navigate and book services and/or appointments with an AFTR (trading as Chozun Labs) Provider. We provide our Booking Service, subject to these terms and conditions and our Privacy Policy (together, Terms). The Terms may be amended from time to time without notice. The Terms form a legal contract between you and us in relation to your use of AFTR (trading as Chozun Labs). It is important that you read and understand them before using AFTR (trading as Chozun Labs). DOWNLOADING, ACCESSING AND/OR USING AFTR (trading as Chozun Labs) OR ITS RELATED SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. You should review these Terms carefully and periodically and immediately cease using AFTR (trading as Chozun Labs) if you do not agree to these Terms (as amended from time to time). By installing AFTR (trading as Chozun Labs) on your mobile device, you agree to receive these Terms and any amendments to them electronically via your mobile device and understand we will not send you a paper copy of these Terms or any amendments thereto.

These terms govern your use of AFTR (trading as Chozun Labs) and the Booking Service.

AFTR (trading as Chozun Labs) will be hereafter referred to as AFTR within these Terms & Conditions

  1. Definitions

    In these Terms:

    AFTR means the AFTR mobile application and any related services;

    AFTR Provider means a partnered service provider who enables Customers to make Instant Bookings for their Services via the Booking Service;

    Booking Service means the online platform accessible via AFTR which enables you to view, navigate and book services and/or appointments with an AFTR Provider;

    Customer means a person who uses the Booking Service to make an Instant Booking;

    Customer Account means the Customer's AFTR account through which the Customer uses the Booking Service to make Instant Bookings;

    Deposit means the total service payment amount to be paid by the Customer to confirm an Instant Booking;

    Injuries means any mental or physical injury, illness, death, disability, impairment or other health condition;

    Instant Booking means an appointment for the provision of Services by an AFTR Provider in respect of which AFTR has confirmed availability of an AFTR Provider and has received a Deposit;

    Losses means any loss, including any damage, claim, action, liability, cost, expense, charge, penalty, outgoing or payment and legal costs and expenses on a full indemnity basis;

    Payment Service Provider means the third party payment service provider engaged by AFTR from time to time for the purpose of processing Customer payments through the Booking Service (for example, Braintree or Paypal);

    Personal Information has the meaning in the Privacy Act 1988 (Cth);

    Request means a request for an Instant Booking submitted by a Customer via the Booking Service;

    Service means a service offered to be provided by an AFTR Provider via the Booking Service;

    Service Price means the price payable by a Customer for Service;

    'us', 'we' and 'our' means AFTR Pty Ltd (trading as Chozun Labs) (ACN 600 222 428) and our related bodies corporate;

  2. Minimum Requirements

    1. In order to download and use AFTR, you must:
      1. own, or be authorised to use, a smartphone device and access to 3G or greater cellular or wireless data internet connection or an equivalent device; and
      2. be at least 18 years of age; and
      3. own, or be authorised to use, a credit card, direct debit banking facility or other electronic means of instantly transferring funds to our Payment Service Provider.
    2. We are not responsible or liable for any loss, damage or other liability arising in connection with your failure to meet these minimum requirements.
    3. We reserve the right to change these minimum requirements from time to time.
    4. By using the Booking Service, you represent and warrant to us that you meet all of the minimum requirements set out in this clause 2.
  3. Charges

    1. We will not charge you for using AFTR, however, you may incur charges from:
      1. your mobile service provider for downloading and using AFTR. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your mobile service provider; or
      2. an AFTR Provider in accordance with this Terms.
    2. Such charges are your sole responsibility and are matters between you and the relevant third parties. You agree that we are not liable for any losses you may incur from third parties as a result of your incorrect or inappropriate use of AFTR.
  4. Registration

    1. You must be a registered as an AFTR member to access much of the information regarding the AFTR Providers and use the functionality of the Booking Service (including booking an appointment with an AFTR Provider through AFTR). We reserve the right to decline a new registration or to cancel an existing registration at any time.
    2. When you register and activate your AFTR Customer Account, you may be asked to provide us with personal information including (without limitation) your name, email address, location and telephone number. You must ensure that any Personal Information provided to us is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
    3. You may be required to provide additional personal information such as your residential address, billing address, date of birth and financial information (ie credit card details) to our Payment Service Provider, or you may also be asked permission for AFTR to access your information through your Facebook account. Any information disclosed to such third parties will be subject to those parties' terms and conditions and privacy statements and AFTR takes no responsibility for the handling of such information by those parties.
    4. When you register and activate your Customer Account, you must also create a password. You are responsible for keeping this password secure and are responsible for all use and activity carried out using this password.
  5. Booking appointments

    1. When you submit a Request through the Booking Service, you will be prompted to choose a Service and whether you prefer the AFTR Provider to attend your location or you to attend their location (if available) and you must provide credit card details (or other accepted payment facility) to our Payment Service Provider. We do not guarantee availability of Services, Instant Bookings or location preference when you make an Appointment using the Booking Service.
    2. Once you have submitted your Request, AFTR will:
      1. confirm availability of an AFTR Provider to provide the Services in accordance with your Request; and
      2. if an AFTR Provider confirms availability to provide those Services, the Payment Service Provider will debit the Deposit from your nominated payment facility.
    3. Only once we confirm receipt of the Deposit, AFTR will send you confirmation of your Instant Booking.
    4. If the Deposit is not received by us for any reason, or if an AFTR Provider cannot provide the requested Services, AFTR will notify you that your Instant Booking cannot be confirmed.
    5. The Service Price and other charges shown in AFTR are in Australian dollars (unless otherwise indicated) and are current at the time of display, but may be subject to change.
    6. Each AFTR Provider may have their own applicable terms and conditions in relation to the supply of their goods and services. By making an Instant Booking via the Booking Service, you agree to (and will) abide by those terms and conditions. The responsibility to do so is yours alone.
  6. Cancellations and refunds

    1. If you wish to cancel an Instant Booking made with an AFTR Provider using our Booking Service, you will be charged a $12 cancellation fee immediately upon confirming cancellation of your Instant Booking. You may cancel your Instant Booking via AFTR. In some cases you may be required to comply with AFTR Provider's individual cancellation policy.
    2. If you fail to cancel your Instant Booking in accordance with this clause 6 or fail to be at the location specified in your Instant Booking at the relevant time, you will still be charged the full amount that would have been payable had the Services been provided. Each AFTR Provider may, at its sole discretion, choose to honour any payments received for use at a later date and/or time.
  7. Termination of Customer Account

    1. We may terminate or suspend your Customer Account at any time and without notice if we reasonably suspect that you have breached, or are likely to breach, any of these Terms.
    2. Expiry or termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
  8. Warranties and liabilities

    1. You agree that your use of AFTR, the Booking Service or the Services is at your own risk.
    2. The AFTR Provider is the issuer of the offer to provide the relevant Services and is fully responsible for all goods and services it provides to you and for any and all Loss or Injury you may suffer or incur, directly or indirectly, in full or in part, whether related to the Instant Booking, Services or not. You agree to release and indemnify us and our subsidiaries, affiliates, partners, officers, directors, employees and agents (together Our Affiliates), and hold us and Our Affiliates harmless, from and against any Liabilities arising from or related to any act or omission of an AFTR Provider in connection with your Instant Booking or the goods or Services provided to you by an AFTR Provider in connection with your use of the Booking Service.
    3. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about AFTR, the Booking Service, any AFTR Provider, the Services or the Content, including but not limited to:
      1. that the standard or performance of any Service offered or provided by an AFTR Provider or that any Instant Booking or Service will fulfil your expectations or requirements; or
      2. that AFTR and the Booking Service, and the information displayed in connection with such, will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that AFTR or the Booking Service will be secure.
    4. You acknowledge that AFTR is not responsible for the conduct or activities of any AFTR Provider and that AFTR is not liable for any Losses or Injuries arising in connection with an AFTR Provider or the Services under any circumstances.
    5. We reserve the right to restrict, suspend or terminate without notice your access to AFTR or the Booking Service, any Content, or any feature of AFTR or the Booking Service at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
    6. In no circumstances will AFTR be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use AFTR or the Booking Service or any content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not AFTR knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
    7. In Australia, goods and services come with guarantees that cannot be excluded under the Competition and Consumer Act 2010 (Cth). Nothing in these Terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Competition and Consumer Act 2010 (Cth) or similar legislative provision (Consumer Laws). Any and all other warranties or conditions which are not guaranteed under Consumer Laws or the Competition and Consumer Regulations 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
    8. Our liability under any guarantee, condition or warranty implied or stipulated by the Consumer Laws which may not be excluded but which may be limited in any of the following ways, is limited at our option to:
      1. in the case of goods supplied by us:
        1. the replacement of goods or the supply of equivalent goods;
        2. the repair of goods; or
        3. the refund of the price paid by you for goods; or
      2. in the case of services supplied by us:
        1. the supply by us of the services again; or
        2. the refund of the price paid by you for the services.
  9. Indemnity

    1. You agree to indemnify, keep indemnified and hold us harmless from and against any and all Losses and other liabilities of whatever nature, whether foreseeable or not, and whether direct or indirect, incurred by us in respect of, or in any way connected with, your use of AFTR or any claim:
      1. by a third party arising in connection with your use of AFTR or the Booking Service;
      2. by a third party arising in connection with any of these Terms (except to the extent such a third party claim arises as a direct result of our breach of these Terms); or
      3. arising in connection with your breach of these Terms.
    2. This clause 9 of these Terms survives termination of these Terms or your Customer Account.
  10. Accuracy, completeness and timeliness of information

    1. The information published on AFTR is not comprehensive and is intended only to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on AFTR, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information published on AFTR. You should monitor any changes to the information contained on AFTR.
    2. We may, from time to time and without notice, change or add to the functionality of AFTR (including these Terms) or Booking Services, or the information, products or services described therein. However, we do not undertake to keep the information available via AFTR updated. We are not liable to you or anyone else if errors occur in the information on AFTR or if that information is not up-to-date.
    3. Your continued use of AFTR or Booking Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) AFTR or Booking Service.
  11. Promotions and competitions

    For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

  12. Linked sites

    AFTR may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

  13. Intellectual property rights

    1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in AFTR and the Booking Service and in all of the material (including all text, graphics, logos, audio and software) made available on AFTR (Content).
    2. Your use of AFTR and the Booking Service and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to AFTR, the Booking Service or the Content.
    3. Subject to your strict compliance with these Terms, we grant you a non-transferable, non-exclusive limited licence to use AFTR on your mobile device in accordance with these Terms.
    4. You agree that you will not:
      1. use AFTR or the Booking Service for any purpose other than to view Content, submit Requests to AFTR Providers, confirm Instant Bookings and pay Service Prices, or for such other purpose as we may specify from time to time;
      2. without limiting the generality of clause 14(d)(i), use AFTR to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity;
      3. act fraudulently or maliciously in relation to AFTR, the Booking Service, the Content or any related software;
      4. copy, modify, adversely affect, reverse engineer, hack into or insert malicious code into the AFTR application or any related software;
      5. use AFTR or the Booking Service to engage in fraud, misleading or deceptive or other unlawful conduct;
      6. apply or register, or attempt to register, any Intellectual Property Rights in or associated with AFTR, the Booking Service or the Content in any form or format, or jurisdiction, whatsoever.
  14. Unacceptable activity

    1. In using AFTR or the Booking Service, you must not do any act that we deem to be inappropriate, is unlawful or is prohibited by any laws applicable to AFTR or the Booking Service, including but not limited to:
      1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
      2. using AFTR or the Booking Service to defame or libel us, our employees or other individuals;
      3. posting or transmitting to AFTR or the Booking Service any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
    2. If we allow you to post any information to AFTR or the Booking Service, we have the right to take down this information at our sole discretion and without notice.
  15. Privacy

    1. Your use of AFTR is subject to our Privacy Policy which can be viewed at http://www.aftrapp.com/privacy
    2. We cannot withdraw or retract any Personal Information submitted to third parties via AFTR and cannot control the use of that Personal Information by those third parties. Accordingly, we are not liable for any improper use of your Personal Information by such third parties.
    3. It is your responsibility to ensure that all third parties to whom your Personal Information is transferred:
      1. only use your Personal Information for the purpose for which you transferred that Personal Information; and
      2. have the appropriate policies and procedures in place to safeguard and protect your Personal Information.
    4. In addition to the terms provided in our Privacy Policy, you agree that we may collect and use technical data and related information, including but not limited to, technical information about your mobile device, system and application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to AFTR. You consent to us using this information, as long as it is in a form that does not personally identify you, to improve our products and services and to provide services or technologies to you.
  16. Provisions relating to Apple and the App Store

    1. This clause 16 applies only if you downloaded AFTR through Apple's App Store.
    2. Both we and you acknowledge that these terms and conditions are concluded between you and us only, and not with Apple Inc. or any of its related bodies corporate (Apple). We, and not Apple, are solely responsible for AFTR and its content, as provided for in these terms and conditions.
    3. To the extent that there is any conflict between these terms and conditions and the Usage Rules set forth for Licensed Applications in, or these terms and conditions otherwise conflict with, Apple's App Store Terms of Service (which you acknowledge you have had an opportunity to review), those Usage Rules and the App Store Terms of Service prevail.
    4. The licence granted to you under clause 14(c) is limited to a non-transferable licence to use AFTR on any iPhone or iPod touch that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service.
    5. Both you and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to AFTR, and that we are solely responsible for doing so in accordance with these Terms and any applicable law.
    6. We are solely responsible for meeting all warranties and guarantees in connection with AFTR (or any related advice) which may not be excluded under the Competition and Consumer Act 2010 (Cth) or other relevant legislation. If we do not meet any such warranty or guarantee, you may notify Apple, and Apple will refund to you the price (if any) that you paid to download AFTR from the App Store. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to AFTR, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility, subject to the limitations and exclusions set out in these Terms.
    7. Both you and us acknowledge that we, and not Apple, are responsible for addressing any claims you or any third party may have relating to AFTR or your possession and/or use of AFTR which we may be liable for under these Terms or at law, including, but not limited to, any claims not excluded under these Terms.
    8. Both you and us acknowledge that, in the event of any third party claim that AFTR or your possession and use of AFTR infringes that third party's intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
    9. You represent and warrant that:
      1. you are not located in a country that is subject to an embargo imposed by the government of the United States of America (U.S.), or that has been designated by the U.S. government as a terrorist supporting country; and
      2. you are not listed on any U.S. government list of prohibited or restricted parties.
    10. These Terms are for the benefit of Apple and its subsidiaries as well as us. Apple (and its subsidiaries) will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary thereof, even though Apple is not a party to them.
  17. Disputes

    For any dispute in connection with these Terms to which AFTR is a party, the following process shall apply:

    1. Negotiation. If there is a dispute between the parties relating to or arising out of this agreement, then within 5 Business Days of a party notifying the other party of a dispute, senior representatives from each party must meet (or if discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;
    2. Mediation. If the dispute between the parties relating to or arising out of this agreement is not resolved within five Business Days of notification of the dispute under clause 17(a), the parties must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution;
    3. Arbitration. If the dispute between the parties relating to or arising out of this agreement is not settled by mediation under Clause 17(b), either party may by written notice to the other refer the dispute to arbitration administered by the Institute of Arbitrators Australia. The arbitrator will be agreed between the parties from a panel suggested by the President of the Institute of Arbitrators Australia or failing agreement, an arbitrator will be appointed by the President of the Institute of Arbitrators Australia; and
    4. Court proceedings. A party may not commence court proceedings in relation to a dispute relating to or arising out of this agreement until it has exhausted the procedures in this clause 17unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that damages would otherwise be inadequate to compensate.
  18. Relationship.

    The relationship of the parties to these Terms does not form a joint venture or partnership.

  19. Time

    Time is of the essence in these Terms.

  20. Jurisdiction and governing law

    These Terms and your use of the Booking Service or AFTR are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.

  21. Contact

    AFTR Customer Service: tay@aftrapp.com

    Last updated: March 2016

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