Terms of Service
This Website is owned and operated by Square Batch Pty Ltd (ABN 67 607 728 503) trading as One Tribe (One Tribe).
In these Terms, “we” and “us” mean One Tribe and “you” means you, the Artist or you the Customer as applicable.
A "Customer" is a user or customer of the Website who submits a request for quote by an Artist.
An "Artist" is a hair and/or makeup professional who lists their products and services on the Website and/or responds to requests for quotes by Customers.
The service offered by One Tribe is an on demand hair and makeup service for Customers to request hair and makeup services and for Artists to showcase and profile their hair and makeup expertise. It is a condition of use of this Website that you acknowledge and agree that One Tribe merely provides the forum within which Customers and Artists interact with each other and that any transactions that arise from these dealings are the sole responsibility of the Customer and Artist.
Access to and use of the Website and the products and services available through the Website are subject to the following Terms which may be updated by us from time to time.
- These are the terms on which One Tribe permits Artists and Customers to access and use the One Tribe website firstname.lastname@example.org (Website) including using the services and functionality made available through the Website, viewing Content provided by One Tribe and third parties, communicating with One Tribe, reviewing product and service information and submitting and responding to quote requests for products or services (Quote) through the online platform (Online Platform).
You agree to be bound by these Terms by:
- using, browsing or accessing any part of the Website;
- registering as a Customer or Artist on the Website; or
- requesting or responding to a Quote through the Online Platform.
- If you do not agree to these Terms, you are not permitted to access and use this Website and you should immediately cease using this Website.
- One Tribe may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
- The Website is subject to change at any time without notice and may contain errors
One Tribe Services
- We provide a service on this Website which enables Customers to research and compare hair and makeup products and services and to submit Quotes for products and services with Artists who have registered on the Website. The Website also enables Artists to showcase their hair and makeup expertise by registering a profile, uploading content and responding to Quotes.
- Our comparison, research and quote service is free for Customers to use. We charge a services fee to Artists who transact with Customers on the Website. This will be a fixed percentage deduction from the transaction fee charged by Artists for the provision of products and services via the Online Platform (Service Fee).
Customer and Artist registration and passwords
- Customers may browse or access the Website to review available Artist products and services. Should you wish to submit or respond to a Quote or to list your profile as an Artist you will be required to register your details and log-in with a unique user name and password (Password). We will use your registration information to contact you and we will disclose your contact information as part of the Quote process outlined in these Terms.
- You warrant that all information and data provided by you in the registration is accurate, complete and up to date. You will promptly inform us if there is any change to this information or data.
- You may only issue or respond to a Quote on the Online Platform by entering the account user name and Password created during the registration process. You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who enters into a transaction using your Password, as if they were your own acts and omissions. We will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify us against all loss, damage, claims, costs or demands in this regard.
- You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify us of any Password which is lost, inoperable or used in an unauthorised manner.
Issuing and responding to Quotes for products and services through the Online Platform
- Users may browse or access the Website to review available Artist products and services. Registered Customers may submit a Quote for the purposes of quotation by Artists who have also registered on the Website.
- Once a Customer submits a Quote, we will send them an acknowledgement email confirming receipt of the Quote and the Quote will be made publicly available on the Website for Artists to review and respond to. One Tribe reserves the right to withdraw, with or without prior notice, any Quote that may in One Tribe's view be in breach of these Terms, or any law or regulation, or any published One Tribe policy.
- Should an Artist choose to respond to a Quote and their response is accepted by the Customer the Customer will be required to pay the agreed transaction fee through the Online Platform (Quote Fee). This Quote Fee will be held by One Tribe in escrow. Please note Customers are not bound to appoint any Artist at any stage. Subject to clause 4(d), following payment of the Quote Fee, any subsequent transaction and / or arrangements are independent of One Tribe and the parties agree to deal directly with one another using the contact details provided to finalise any product or service transactions.
- Upon successful completion of the transaction Customers will notify One Tribe and upon confirmation we will release the Quote Fee monies held in escrow to the Artist less our Service Fee.
- Except in circumstances where the transaction is cancelled by the Artist or in the event of a "no show" by the Artist, any Quote Fees are non-refundable to the Customer once deposited and it is a condition of these Terms that the Quote Fee is paid and received in clear funds prior to any transaction occurring. One Tribe reserves the right to deduct a "handling" fee in the event of a refund to the Customer. Please see our FAQ section for more information at http://onetribeit.com/faq.
- Quote responses should be limited to the products and services listed in the Quote, contain applicable pricing information in Australian Dollars inclusive of any GST and the relevant terms and conditions of sale. One Tribe permits substituted products and services provided the Artist notes any substitutions expressly in the Quote response. Quotes should expressly specify any time or validity restrictions which apply from the date of quotation.
The Artist warrants and undertakes that:
- Quote responses (and any other advertisements or electronic files) posted on or delivered to or through the Online Platform or Website by the Artist are true and accurate, do not breach the intellectual property rights of any third party and will be free of malicious code or viruses;
the Artist’s conduct in using the Website and Online Platform (including all Artist Quote responses (and any other advertisements or electronic files) posted to One Tribe comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including:
- the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), and Australian Consumer Law and Fair Trading Act 2012 (Vic.), including but not limited its requirement that suppliers not mislead persons seeking goods, services or information as to the availability, nature, terms or conditions or, any other matter relating to the goods, services or information being offered;
- the equivalent consumer protection law in the Fair Trading legislation applicable in the jurisdiction of any other State or Territory of Australia; and
- the Australian Privacy Principles concerning the personal information of any Customer; and
- it will not use the Website for any illegal purpose.
- One Tribe may review and/or moderate an Artist's Quote response prior to or after publication on the Online Platform. One Tribe reserves the right to withdraw, with or without prior notice to the Artist, any Quote response that may in One Tribe's view be in breach of these Terms, or any law or regulation, or any published One Tribe policy.
- You acknowledge and agree that you are solely responsible for the information contained in a Quote or Quote response and that all information and data provided by you is accurate, complete and up to date. Subject to applicable law, you are not permitted at any time to undermine or circumvent the Quote process, including by transacting with Customers or Artists directly. One Tribe may immediately terminate your registration and access to the Website and Online Platform if this obligation is breached.
- When you make a purchase on the Website, you authorise us to charge your credit card, debit card or PayPal account (Payment Method) for the Quote Fee amount.
- You acknowledge and agree that you are responsible for providing accurate information in relation to any purchases made upon registration, including providing correct credit card or alternate payment information, name and address and contact information as may be required.
- To the extent that you do not comply with the requirements in clause 5(b), or in the event of force majeure or suspension you may not be able to proceed with the proposed transaction and we will not be held liable in such event.
- If you fail to pay any amount payable under or in accordance with these Terms including where any payment processor, merchant or bank refuses or fails to properly process or approve a payment made by you using the applicable Payment Method we may immediately suspend and/or terminate your access and use of the Website and Online Platform. The right to suspend and/or terminate such access under this clause is without prejudice to any other rights One Tribe may have against you at law or in equity.
- You acknowledge and agree that we work with third party suppliers including payment platforms to allow you to transact on the Online Platform.
Product and Service information and availability
- The listing of any particular product or service on our Website is for information and research purposes only. One Tribe does not warrant or make any representations in relation to any products or services listed.
- We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any product or service you obtain or supply by using this Website or for any acts, omissions, errors or defaults of any third party in connection with that product or service.
- Whilst every effort is made to ensure the information provided on the Website is current, we have no responsibility or liability for any errors contained in the information. Inclusion of any product or service information on this Website is not an endorsement of any organisation, product or service.
- One Tribe has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. One Tribe reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.
Intellectual property rights
- All intellectual property rights, including copyright and patents, in the Website, One Tribe's goods and services, and all components of them are owned or licensed by One Tribe or any of its related entities. You must not copy, modify or transmit any part of the Website.
- The Website contains trademarks, logos, service names and trade names of One Tribe or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other content or copies of the content appearing on the Website.
- You grant One Tribe a perpetual, non-exclusive, worldwide, non-transferable (other than to One Tribe's related entities) licence to use, copy, reproduce and transmit such trademarks, logos, service names, trade names or any other content (Licensed Content) on the Website, Internet and otherwise as necessary to promote, advertise, obtain and provide the services to Customers and Artists outlined in these Terms.
- You warrant that the Licensed Content, and their use by One Tribe under these Terms do not infringe the intellectual property rights of any person.
- The Website may contain links to other web sites. One Tribe provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators, the goods, services or content that they describe.
- You are not permitted to frame or link the Website without One Tribe's express written permission.
Access and communication
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), One Tribe does not warrant that you will have continuous access to the Website. One Tribe will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
- One Tribe does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and One Tribe does not guarantee the security or confidentiality of these communications or the security of the Website.
- One Tribe does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. One Tribe does not warrant that:
- the goods or services available on this Website; or
- the Website and its Content, comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.
- If you access and use this Website or its Content from outside Australia or transact on this Website you do so at your own risk.
Website licence and use
One Tribe grants you a non-exclusive and non-transferable licence to use the Website for your own business use subject to the restrictions specified in clause 11. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to One Tribe will be treated as non-confidential and non-proprietary information.
- Except as otherwise permitted in submitting or responding to Quotes using the Online Platform, you must not:
- engage in any separate commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or information for the benefit of other merchants, data mine or use robots or other data collection methods;
- impersonate or falsely claim to represent a person or organisation;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
- post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
- Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.
- One Tribe provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website (including submitting and responding to Quotes through the Online Platform) you assume all risk in this regard and you release One Tribe from all applicable liability and responsibility.
Termination of your access to the Website
One Tribe may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
Disclaimer of warranties and limitation of liability
- To the full extent permitted by law, One Tribe excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and services listed or accessible on the Website.
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) One Tribe excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) One Tribe excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services listed, accessible or made available on the Website.
IndemnityYou agree to fully indemnify One Tribe, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
- any breach of these Terms by you;
- your access or use of the Website;
- any Quote on the Website; or
- your communications with One Tribe, Customers, Artists or any other third party.
Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and One Tribe. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of One Tribe.