Terms and Conditions – My Schedule Studio

My Schedule Studio Terms of Service

We are My Schedule Studio ABN 99 814 001 178 (“we”, “our”, “us”).

These terms and conditions are intended to apply as between My Schedule Studio (“we”, “our”, “us”) and you as the Customer or the Supplier in relation to the provision of our services to you.

Where you are the Supplier, you acknowledge and agree that you are entering into this agreement in your own name and you represent that you are legally bound to these terms.

1 THIS AGREEMENT AND OUR SERVICES

The myschedulestudio website (Website) operates as a platform only, to facilitate the purchase, reservation and booking of Supplier’s Products and Services.
In this document:
- Customer means any person accessing the Website, and purchasing services from the Supplier;
- Optional Services means our provision to you of advertising and/or sponsorship services as described at [insert link], from time to time. You will be legally bound to these Terms when purchasing any Optional Services;
- Services means our provision to you of access to and use of the Website to book and purchase the Supplier’s Products and Services but does not include any of the Supplier’s Products and Services;
- Supplier means a third party subscriber to the Website who, via the Website, offers their goods and services to Customers;
- Supplier’s Products and Services means any goods or services published on the Website offered by the Supplier to Customers from time to time.
When you click “I Agree” or “Ok” when signing up to or logging into the Website, you are, as the Customer or Supplier (as applicable), agreeing to these terms (Terms), which will constitute a legally binding agreement between you and us which will continue to apply while you continue to use or access the Services or any Optional Services.
If you do not wish to agree to and abide by these Terms, you must not click “I Agree” or “Ok” as the case may be.
You agree that you will be bound by these Terms.
In return for your compliance with these Terms, we will provide you with the Services and any Optional Services you order and pay for from us.
Access to the Services will be provided after you have signed up, been authenticated and signified your agreement to these Terms. You will be asked to agree again to these Terms if they have changed since your last login.
You agree that you will be bound by these Terms each time you log in to the Website and use the Services and will be bound by these Terms unless you or we terminate this agreement in accordance with its terms.

2 PROVISION OF THE SERVICES TO YOU

In return for your compliance with these Terms, we will provide or make available to you the Services to the extent of their availability from time to time.
We do not guarantee that our Website or the materials on it, or the content of any Supplier to which we give you access, will be free from viruses or that access to any of those things will be uninterrupted. You also must provide your own internet connection to access our website and any related Services as we do not provide internet connections.
We may terminate your access to this Website at any time without notice and for any reason. All restrictions, licences granted by you and all disclaimers and limitations of our liability in these Terms will survive termination, although you will no longer be authorised to access the website.
Any communication or material that you transmit to or post on our website by any means, including any data, questions, comments, suggestions or anything else, will be treated as non-confidential and non-proprietary information, and you now grant us a perpetual, irrevocable and royalty-free licence to use any such communication for any purpose we see fit.
You will not, nor attempt to:
- provide, publish, post or create a link to any page or part of our website or Services without our express written permission;
- link directly to any page of our website or any part of our Services other than via normal navigation of the Website without our written consent;
- post or transmit to the Website any unlawful, threatening, libellous, defamatory, obscene, dangerous, inflammatory, pornographic or profane material, any material that could constitute or encourage conduct that will be considered a criminal offence, give rise to civil liability or would otherwise violate any laws, nor any materials, malware, spyware, computer viruses or other materials which may adversely affect the security or content of the Website or Services;
- violate the security or any security measures of our website or any of our Services nor that of any of our systems and networks;
- access any data on or from our Website or Services which are not intended for you;
- probe, scan or test the vulnerability of our Website or Services or any of our systems or networks;
- interfere with service to any other user of our Website or Services; nor
- use any device, software or routine to interfere or attempt to interfere with the proper working of, any activity being conducted on or via, our Website, or Services.
You agree that:
- our Website might not at any given time be actively monitored whether during or outside business hours, and the information contained on the Website, published and made available by us or by a Supplier is presented “as is” and has not in any way been tailored to suit your own personal circumstances; and
- we have absolute discretion to edit, decline to post or remove in whole or in part any information or material you provide or post to or via our Website or Services.
Material on, in or made available via our Website or Services may contain general information about us and our Services, or those of other parties with whom we deal or do business. Unless expressly stated otherwise, this information:
- does not constitute an offer or inducement to enter into any legally binding contract;
- other than these terms and conditions set out in this document, does not form part of the terms and conditions for any of our Services or those of any other parties referred to on or in our website or Services; and
- does not mean that we are in any way affiliated with any other parties or businesses referred to (if any).
We do not warrant the accuracy, adequacy or completeness of the Supplier’s information on and available from our website.
As a convenience, our website may from time to time include links or references to other websites and/or materials, including the Supplier’s websites and/or materials which are beyond our control (“Other Sites“). We do not review or monitor any websites linked to our website or to any Other Sites and we are not responsible for content on any websites outside our website and Services.
If you access any Other Sites, you do so at your sole risk and subject to the terms and conditions of those sites.
Our Services operate as a platform only to facilitate the purchase and or reservation of the Suppliers’ Products and Services and the inclusion on our Website of references to the Supplier’s Services, any links or references to Other Sites does not imply any endorsement by us of any of the Supplier’s Products and Services or Other Sites or the content contained on those sites.
We do not warrant the safety or accuracy of the content on any Other Sites and nor do we warrant that the Supplier is qualified to nor legally able to provide its Products and Services, and we make no warranty that their Products and Services will be of any specific quality or type, or that they will provide any particular outcome for you.
It is important that you acknowledge that we are not in any way a provider to you of the Supplier’s Products and Services. Any provision of the Supplier’s Products and Services to you when arranged via this Website constitutes provision only by the Supplier and its personnel directly to you.
We will accept no liability whatsoever for any adverse consequences to you arising out of your access to or use of any of the Supplier’s Products and Services.
If you are allocated any login details or other user codes or passwords for your identification or access to the website, you must keep them private and confidential and must not allow anyone else to log into the website using those details or codes unless we specifically permit otherwise.

3 OPTIONAL SERVICES

In return for your compliance with these Terms, if you order any of our Optional Services and agree to pay for them in accordance with these Terms (or any other terms we agree with you) then we will provide or make available to you the Optional Services to the extent of their availability from time to time.
The Optional Services prices and other information about them is available at [insert link] the terms of which are incorporated into these Terms.

4 FEES

The Supplier will determine the Service Fee in respect of their Products and Services and should set that out on the Supplier’s page on our Website.
You may purchase or reserve any Supplier’s Products and Services published and made available via our website and before acquiring any of the Supplier’s Products and Services, you must pay the relevant fee via the checkout process on the Website.
We will collect the Supplier’s Service Fee and charge an administration fee for our Services in the amount of AUD$1.10 (inclusive of GST if any), which we will retain and will deduct from the payment of the Service Fee to the Supplier.
Our administration fee is a fixed amount, applied against each checkout or purchase of the Supplier’s Products and Services by you (that is, via your account with us), irrespective of the price of the Supplier’s Service Fee.
We will determine the fees and charges for Optional Services and will set those out at [insert link].
Any other relevant fees or costs will be as set out on the Website from time to time unless we agree otherwise with you in writing.

5 PERSONAL AND FINANCIAL

All records about you that include personal information or sensitive information within the meaning of the Privacy Act 1988 (Cth) whether created or input into the Services by you or by us, our staff or any third parties in the course of your access to the Services or the provision of the Services to you (Records) will be collected, managed, used and/or disclosed in accordance with our Privacy Policy which may be found at [insert link] (Privacy Policy).
All copyrights and any other intellectual property rights in or arising out of any and all entries and copies of Records entered into or recorded upon our systems via the Services (or as the direct result of your use of the Services) shall vest solely in us upon their creation and you now assign to us all of your right title and interest in all such entries and copies.
For the avoidance of doubt, we do not and will not purport to own any information or data contained in the Records, but instead will own the copies of such data/information as are contained in the Records.
You may request access to Records about you in accordance with our Privacy Policy.

6 CUSTOMER WARRANTIES

You warrant that, at all times you access any part of the Services, you:
- are aged 18 years or more;
- will at all times:
  - provide only accurate and current information via the Services;
  - keep that information up to date;
- will, if you are required to register to use the Services, provide us with sufficient personal information to allow us to identify you, and you warrant further that you will keep this data up to date so that our records of that information remain current, complete and accurate;
- will be responsible for any damage or injury to the Supplier or any property of the Supplier caused directly by you;
- will be responsible for assessing and determining the suitability of the Supplier, their qualifications, validity of licences, employee and or/ any relevant history checks, and their overall fitness for carrying out and delivering their services.
You acknowledge that we do not endorse, check, control or monitor the Supplier’s Products and Services and you as a Customer will maintain sole responsibility for ensuring the Supplier’s Products and Services are what you have bargained for.
You acknowledge that any purchase of the Supplier’s Products and Services via our Website will or may create a binding contract between you and the Supplier, separate from these Terms.

7 SUPPLIER WARRANTIES

You warrant that, at all times you access any part of the Services, you:

are aged 18 years or more;
will maintain responsibility for any qualifications, licences, certificates required to deliver your services;
are duly licensed and qualified in accordance with any legal requirements to be able to promote and provide your Supplier Products and Services in the manner in which you provide and advertise providing them;
will maintain booking and reservation capacity and information, and ensure this information is up to date on the Website;
will provide accurate and up to date information on the Website;
acknowledge that any purchase of your products and services via our Website will or may create a binding contact between you and the Customer, separate from these Terms.

8 WARRANTIES, LIABILITY AND INDEMNITIES

If you are a Customer, we do not:
- make any warranty, guarantee or any other statement as to the quality, fitness for purpose or otherwise of the Supplier’s Products or Services;
- guarantee that any Supplier’s Products and Services will be available for reservation or purchase;
- guarantee that the Supplier’s Products and Services will yield any particular results nor meet any needs you may have nor that any of them are suited to your particular needs nor that they would or could comply with any particular standards;
- accept, and we will not accept, any liability for any damages or loss of any nature suffered by you arising in any way directly or indirectly out of your ordering, consumption or use (or attempts at any of the foregoing) of a Supplier’s Products or Services nor out of any dealings you have, had or may have with any Supplier.
If you are a Supplier, we do not:
- make any warranty, guarantee or any other statement as to the suitability of the Customer for your business nor as to their preparedness to comply with whatever agreement or deal they may make with you nor that they are prepared to make or adhere to any such agreement or deal;
- guarantee that any Customers will order or purchase anything from you nor wish to deal with you in any way;
- guarantee that our Services including Optional Services nor your use of any of them will yield any particular results nor meet any needs you may have nor that any of them are suited to your particular needs nor that they would or could comply with any particular standards;
- accept, and we will not accept, any liability for any damages or loss of any nature suffered by you arising in any way directly or indirectly out of your dealings with any Customer you have, had or may have at any time.
There shall be no service warranties except for those provided in these Terms. All other warranties, including any implied warranties for fitness for use or merchantability or any other duties required under common law are excluded to the extent permitted by law.
We will not be liable for any special, indirect or consequential damages, loss of profit, loss of goodwill, loss of business opportunity, loss of revenue or any other damage, costs, expenses or other claims even if such claims or damages arose as a result of our negligence, a Supplier’s negligence, a Customer’s negligence or under any other tortious action while providing the Services to you or as a result of your use of our Services.
We do not warrant and are not liable for any actions, omissions or information provided by any other person using our website or Services, including any Supplier or Customer.
We do not warrant that the materials on, in or available via our Website or Services will be suitable for any particular purpose. Access to the materials is provided on a strictly “as is” basis.
We do not warrant that your use of our Website or Services will be fit for any specific purposes other than, in the case of our Services, those we tell you at the time of provision of those Services to you.
In consideration for being given access to our Website or Services, you release and forever discharge us, our employees, servants and agents and each of them from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of our Website, products or Services or any of the links provided on, in or via the Website or Services or reliance by you or any person upon information contained within or made available via our Website or Services.
Subject to our compliance with the terms of this Agreement, you will be liable for and indemnify us, our employees, servants and agents and each of them jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of your use of our Website or Services or any of their contents or from any breach by you of these terms and conditions, or any claim made against us by a Customer or Supplier arising in any way out of their dealings with you.
Provisions of the Australian Consumer Law and other statutes from time to time in force in Australia may imply warranties or conditions or impose obligations upon us which cannot be excluded or modified. This Agreement must be read and interpreted subject to such statutory provisions or any other similar provisions.
Our liability and that of our employees, servants or agents for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:
- the supply of the relevant Services again; or
- payment of the cost of having the Services supplied again.

9 INTELLECTUAL PROPERTY

Unless otherwise specified, all intellectual property rights in or arising out of the content on our Website, content of communications with you or content in or arising out of provision by us of the Services (Content) will vest upon their creation solely in us.
You will not attempt to copy, alter or reproduce in any form, whether in hard copy or electronically through any medium whatsoever, any part of the Content without express written permission from us or unless expressly authorised by these Terms to do so.
All copyrights, trademark rights and other rights in or arising out of any part of the Content are either owned by or under licence to us. We reserve all of those rights.

10 GENERAL MATTERS

The headings set out in these Terms are for convenience only and shall not in any way affect the interpretation of these Terms.
These Terms may only be amended by a further written agreement entered into between the parties.
In these Terms, the words “include”, “includes” and “including” are not words of limitation.
If any provision of these Terms is determined to be void, illegal or unenforceable by any law or regulation of any government or by any court, such provision will be severed from these Terms and the remaining parts, terms and provisions will remain enforceable.
These Terms and your relationship with us pursuant to these Terms are governed by the laws of Queensland, Australia.
You unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the courts of Queensland for the purpose of resolving any disputes pursuant to these Terms.
These Terms constitute the entire agreement of the parties in respect of access to the Services, and supersede all prior understandings, negotiations, agreements, written or oral, express or implied.
No waiver or breach of any of these Terms shall constitute a precedent or a waiver of any succeeding or other breach of the same.
When from time to time you log into or seek to access the Services, you may be asked to agree to our then current terms and conditions. We do not warrant that on any such occasion those terms and conditions will be the same as set out in this document.
These Terms constitute the entire agreement between us and the Customer and Supplier in relation to the Services.