BONITA ARTISTRY CUSTOMER TERMS AND CONDITIONS

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General

By accessing the website located at www.bonitaartistry.co.nz, you agree to be bound by these terms and conditions of use (the Customer Terms). Please review them carefully before acceptance.

We reserve the right to change these Customer Terms for legal or business reasons, and we will give you notice by posting the changes on www.bonitartistry.co.nz/customerterms. Any changes to the Terms will apply to new bookings only.

2 Definitions

3 Artist means a person who has a profile on the Website as a hair or/and makeup artist.

Customer means you, a person who buys Services from an Artist via the Website.
GST means Goods and Services Tax in accordance with the Goods and Services Tax Act 1985.

Price means the price advertised and paid for Services and includes any additional charges.

Services means hair and makeup services to be supplied to Customers who book with Artists via the Website and also includes gift cards for such services.

Website means the www.bonitartistry.co.nz website.

Us or we means Bonita Artistry Limited.

4 Data Protection and Privacy

4.1 Protecting your privacy is important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy as well as our use and disclosure of your information. You agree to us using your personal information as described in our Privacy Policy at www.bonitartistry.co.nz/privacy-policy.

4.2 While we take reasonable steps to ensure that the Website is reasonably secure, you
acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you post, send or share using the Website may be read or intercepted by others.

4.3 Because we use Stripe to process payments, you consent to and understand that your personal information may be sent to Stripe, and may be transferred, processed and stored outside of New Zealand.

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4.4 Please note that where we include links in the Website to the applications, website or services of Artists or other third parties, via any Artist profile or otherwise, we are not responsible for the privacy practices of such third parties, or the way they handle any personal information they collect about you. You should ensure you read their privacy policies carefully before using these third party website or services.

5 Proprietary Rights and Licence

5.1 All trade marks, copyright, database rights, and other intellectual property rights of any nature in the Website together with the underlying software code are owned directly either by us or by our licensors.

5.2 We hereby grant you a worldwide, non-exclusive, royalty-free revocable licence to use the Website for your personal use in accordance with these Customer Terms.

6 Conditions of Use

6.1 Bonita Artistry comprises an online platform through which Customers can place bookings for and pay for Services to be supplied by Artists.

6.2 You acknowledge that when you make a booking through the Website in respect of a Listing we are acting solely as an intermediary and not as a party to your transaction with an Artist. You acknowledge that the Artist is responsible for the provision of the Services and not us.

6.3 By creating an account with us you:
(a) Consent to us conducting verification and security procedures in respect of the
information provided by you during the registration process; and
(b) Agree to keep your login and account details confidential and secure.

6.4 You confirm that you are at least 16 years old.

6.5 You confirm that all information and details you provide us are true, accurate and up to date in all respects and at all times. You can update and correct your personal details at any time through the account settings section of the Website.

6.6 You will not, nor allow third parties on your behalf to:
(a) make and distribute copies of the Website;
(b) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the Website; or
(c) create derivative works of the Website of any kind whatsoever.

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6.7 The Website is currently made available to you free of charge for your personal, non-commercial use. We reserve the right to amend or withdraw the Website in accordance with these Customer Terms at any time and for any reason.

7 Availability

7.1 We will use reasonable efforts to make the Website available at all times. However, you acknowledge the Website is provided on the internet and on mobile networks, so the quality and availability of the Website may be affected by factors outside our reasonable control.

7.2 We, our group of companies, and our sub-contractors do not accept any responsibility whatsoever for unavailability of the Website or any difficulty or inability to download or access content or any other communication system failure which may result in the Website being unavailable.

8 Booking and Payment

8.1 You may place a booking for Services with an Artist via the Website for a specific date and time. The stated Price will be payable at the time of booking.

8.2 All Prices stated are inclusive of GST. Further details (including details of our accepted payment methods and our processing fee) are provided at the point of purchase.

8.3 You can only place a booking at least 3 days before the booking date.

8.4 Any additional charges incurred may be added to the Price at the time of booking, or invoiced to you by the Artist for payment separately. Additional charges may include, but are not limited to: Artist travel and overnight costs such as parking (public or valet), travel time, flights, ferry, taxi, rideshare or other fares, and any other public transport.

9 Rescheduling and Credits

9.1 If you need to reschedule a booking for Services, or request a credit for the Price you can apply to do so via your booking on the Website. You may only reschedule a booking for Services or request a credit in the following circumstances:
(a) Death of a bride, groom, member of bridal party or immediate family member;
(b) Cancellation of a wedding;
(c) Natural disaster
and the rescheduled date must be with the same Artist and within 3 months of the original booking date.

9.2 If a booking for a specific Service cannot be rescheduled (for example a wedding has been cancelled) then the Price can be credited to another Service with the same Artist.

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9.3 For the avoidance of doubt, we do not accept cancellations nor give refunds under any circumstances.

10 Acceptable Use

10.1 You acknowledge that the Website enables you to view Services listings and book and pay for Services from Artists.

10.2 In using the Website you agree:
(a) To comply with any guidelines provided or reasonable instructions issued by us from
time to time in respect of your use of the Website;
(b) To notify us immediately if you become aware of circumstances where any intellectual property rights or any other rights of a third party have been infringed;
(c) To take reasonable steps to ensure your mobile device or computer contains adequate anti-virus protection;
(d) Not to distribute viruses or any other technologies that my harm us or the interests of any other users of the Website or otherwise interfere with or dispute our systems;
(e) Not to do anything to bring us or the Website into disrepute.

11 Termination

11.1 We may terminate your use of the Website at any time by giving notice of termination to you.
11.2 You can choose to stop using the Website at any time. In addition, you may log out of your account via the account settings of the Website at any time.

12 Remedies

12.1 If you breach these Terms then (without limiting any other remedy we may have), we may at our sole discretion, disable or partially disable, modify or delete any or all of your accounts, block your IP address or device from accessing the Website, or in any other lawful way partially or fully restrict your access to the Website.

12.2 You agree to compensate us and keep us compensated for any loss we suffer (including financial or reputational loss) howsoever arising, as a result of your breach of the Terms.

13 Disclaimer and Liability

13.1 The Consumer Guarantees Act 1993 and the Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Customer Terms must in all cases be read subject to those statutory provisions.

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13.2 Any complaints or claims for defective Services must be communicated to the relevant Artist for resolution. If the Artist who provided the Services does not take reasonable steps to respond to your complaints we will try to assist you with a resolution, within reason.

13.3 While we put in place policies and take reasonable steps to ensure that profiles are only posted by reputable Artists, we do not guarantee the accuracy or validity of any information or in any way endorse the suitability of any Services for a particular person or class of persons.
You acknowledge that any transaction you enter into following review of Artists on the
Website (whether that transaction is entered into via the Website or directly with the relevant third party) is conducted at your discretion and risk.

13.4 To the maximum extent permitted by law, and for the avoidance of doubt, we hereby disclaim all implied warranties with regard to the Website. The Website and software are provided "as is" and "as available" without warranty of any kind.

13.5 In no event will we be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the Website, including loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.

13.6 We are not liable to you for any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices, or mobile telephones, as a result of the use of the Website.

13.7 Where the Website publishes user views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by us and, to the maximum extent permitted by law, we will not be liable in respect of the accuracy, completeness, timeliness, defamatory nature of such views, opinions, advice and recommendations.

13.8 The Website may include links to third-party websites. We accept no responsibility for the availability, suitability, reliability or content of such third-party websites, and we do not -necessarily endorse the views expressed in them.

14 General

14.1 Waiver: These Customer Terms remain in force notwithstanding any neglect, forbearance or delay in enforcement. We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.

14.2 Severability: If any clause or provision of these Terms and Conditions will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.

14.3 Entire agreement: These Terms constitute the entire agreement between you and Us and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to the Website.

14.4 Assignment: You acknowledge that we may transfer our rights under these Terms (and any related claims) to any third party without having to obtain your prior consent.
14.5 Rights of Third Parties: These Terms are not intended to give rights to anyone except you and Us.

15 Governing Law and Jurisdiction

This Customer Terms will be governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the New Zealand courts.

For any query, complaint or comment, please contact us by email at hola@bonitartistry.co.nz.