MuseAvenue

Terms & Conditions

1. Scope of MuseAvenue Services

1.1 MuseAvenue is an online hair & beauty services market network, operated by Hair App Solutions Pty Ltd, which connects hair & beauty service buyers (“Clients”) and hair & beauty services providers (“Talents”). Beauty Services may include but not limited to Makeup, Hair Styling, Lash Extensions, Brow Services, Hair Extensions, Hair Colouring, Teeth Whitening and Nail Services (“Talent Services”).

Clients can find and book Talent Services. Clients can also communicate with Talents via our message feature after creating an account on MuseAvenue.

Talents are able to create a professional profile which includes their professional details including images of work, pricing for various services, etc.

1.2 As the provider of the MuseAvenue Platform, Hair App Solutions Pty Ltd does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Professional Services or Talent Services. Talents alone are responsible for their Professional Services and Talent Services. When Clients make bookings, they are entering into a contract directly with the Talent. Hair App Solutions Pty Ltd is not and does not become a party to or other participant in any contractual relationship between Clients, nor is Hair App Solutions Pty Ltd an agency. Hair App Solutions Pty Ltd is not acting as an agent in any capacity for any Talent, except as specified in the Payment Terms.

1.3 While we may help facilitate the resolution of disputes, Hair App Solutions Pty Ltd has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Talent Services, (ii) the truth or accuracy of any Professional Service descriptions, Ratings, Reviews, or other Talent Content (as defined below), or (iii) the performance or conduct of any Talent or third party. Hair App Solutions Pty Ltd does not endorse any Talent, Professional Service or Talent Services. Any references to a Talent being “verified” (or similar language) only indicate that the Talent has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Hair App Solutions Pty Ltd about any Talent, including of the Talent’s identity or background or whether the Talent is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use Talent Services, accept a booking request from a Customer, or communicate and interact with other Clients, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Professional Service at the time the photograph was taken and are therefore not an endorsement by Hair App Solutions Pty Ltd of any Talent or Professional Service.

1.4 If you choose to use the MuseAvenue Platform as Talent service provider, your relationship with Hair App Solutions Pty Ltd is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of Hair App Solutions Pty Ltd for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Hair App Solutions Pty Ltd.

1.5 To promote the MuseAvenue Platform and to increase the exposure of Professional Services to potential Clients, Talent Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Clients who speak different languages, Professional Services and other Talent Content may be translated, in whole or in part, into other languages. Hair App Solutions Pty Ltd cannot guarantee the accuracy or quality of such translations and Clients are responsible for reviewing and verifying the accuracy of such translations. The MuseAvenue Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.6 The MuseAvenue Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Hair App Solutions Pty Ltd is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Hair App Solutions Pty Ltd of such Third-Party Services.

1.7 Due to the nature of the Internet, Hair App Solutions Pty Ltd cannot guarantee the continuous and uninterrupted availability and accessibility of the MuseAvenue Platform. Hair App Solutions Pty Ltd may restrict the availability of the MuseAvenue Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the MuseAvenue Platform. Hair App Solutions Pty Ltd may improve, enhance and modify the MuseAvenue Platform and introduce new Hair App Solutions Pty Ltd Services from time to time.

1.8 Privacy: Any personal information entered on the MuseAvenue platform may be use to qualify MuseAvenue’s database, and may be shared with third party companies to better service the users of the platform.

2. Eligibility, Using the MuseAvenue Platform, Talent Verification

2.1 You must be at least 16 years old (18 years old in Western Australia) and able to enter into legally binding contracts to access and use the MuseAvenue Platform or register a MuseAvenue Account. By accessing or using the MuseAvenue Platform you represent and warrant that you are 16 (18 years old in Western Australia) or older and have the legal capacity and authority to enter into a contract.

2.2 You will comply with any applicable export control laws in your local jurisdiction.

2.3 Hair App Solutions Pty Ltd may provide provisional access and use of MuseAvenue Platform, or certain areas or features of the MuseAvenue Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.

2.4 Verification and integrity is subject to misrepresentation on the internet and as such Hair App Solutions Pty Ltd does not assume any responsibility for the confirmation of any Talent’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Clients or Talents to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds (ii) screen Clients or Talents against third party databases or other sources and request reports from service providers, and (iii) check Talents public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.5 The access to or use of certain areas and features of the MuseAvenue Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the MuseAvenue Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

3. Modification of these Terms

Hair App Solutions Pty Ltd reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the MuseAvenue Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the MuseAvenue Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account (“MuseAvenue Account“) to access and use certain features of the MuseAvenue Platform. If you are registering a MuseAvenue Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register a MuseAvenue Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook.

4.3 You must provide accurate, current and complete information during the registration process and keep your MuseAvenue Account and public MuseAvenue Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) MuseAvenue Account unless Hair App Solutions Pty Ltd authorizes you to do so. You may not assign or otherwise transfer your MuseAvenue Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your MuseAvenue Account credentials and may not disclose your credentials to any third party. You must immediately notify Hair App Solutions Pty Ltd if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your MuseAvenue Account. You are liable for any and all activities conducted through your MuseAvenue Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.6 Clients can browse and view the platform as an unregistered user.

5. Content

5.1 Hair App Solutions Pty Ltd may, at its sole discretion, enable clients to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the MuseAvenue Platform (“Talent Content“); and (ii) access and view Talent Content and any content that Hair App Solutions Pty Ltd itself makes available on or through the MuseAvenue Platform, including proprietary Hair App Solutions Pty Ltd content and any content licensed or authorized for use by or through Hair App Solutions Pty Ltd from a third party (“Hair App Solutions Pty Ltd Content“) and together with Talent Content, “Collective Content“). For example, content on your Instagram and Facebook may be used on Hair App Solutions Pty Ltd website and social media to promote the MuseAvenue Platform.

5.2 The MuseAvenue Platform, Hair App Solutions Pty Ltd Content and Talent Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Australia. You acknowledge and agree that the MuseAvenue Platform and Hair App Solutions Pty Ltd Content, including all associated intellectual property rights, are the exclusive property of Hair App Solutions Pty Ltd and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MuseAvenue Platform, Hair App Solutions Pty Ltd Content or Talent Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Hair App Solutions Pty Ltd used on or in connection with the MuseAvenue Platform and Hair App Solutions Pty Ltd Content are trademarks or registered trademarks of Hair App Solutions Pty Ltd in the Australia and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the MuseAvenue Platform, Hair App Solutions Pty Ltd Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the MuseAvenue Platform or Collective Content, except to the extent you are the legal owner of certain Talent Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hair App Solutions Pty Ltd or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Hair App Solutions Pty Ltd grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the MuseAvenue Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Talent Content on or through the MuseAvenue Platform, you grant to Hair App Solutions Pty Ltd a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Talent Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Talent Content to provide and/or promote the MuseAvenue Platform, in any media or platform. Unless you provide specific consent, Hair App Solutions Pty Ltd does not claim any ownership rights in any Talent Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Talent Content.

5.7 You are solely responsible for all Talent Content that you make available on or through the MuseAvenue Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Talent Content that you make available on or through the MuseAvenue Platform or you have all rights, licenses, consents and releases that are necessary to grant to Hair App Solutions Pty Ltd the rights in and to such Talent Content, as contemplated under these Terms; and (ii) neither the Talent Content nor your posting, uploading, publication, submission or transmittal of the Talent Content or Hair App Solutions Pty Ltd’s use of the Talent Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any Talent Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Hair App Solutions Pty Ltd’s Content Policy or any other Hair App Solutions Pty Ltd policy. Hair App Solutions Pty Ltd may, without prior notice, remove or disable access to any Talent Content that Hair App Solutions Pty Ltd finds to be in violation of these Terms.

5.9 Hair App Solutions Pty Ltd respects copyright law and expects its Clients to do the same. If you believe that any content on the MuseAvenue Platform infringes copyrights you own, please notify us in accordance with our Copyright policy.

6. Service Fees

6.1 Hair App Solutions Pty Ltd is entitled to charge fees to Talents (“Talent Fees“) (collectively, “Service Fees“) in consideration for the use of the MuseAvenue Platform.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Talent prior to publishing or booking a Professional Service. Hair App Solutions Pty Ltd reserves the right to change the Service Fees at any time, and we will provide Talents adequate notice of any fee changes before they become effective.

6.3 Talents are responsible for paying any Service Fees that you owe to Hair App Solutions Pty Ltd. The applicable Service Fees are due and payable and collected by Hair App Solutions Pty Ltd Payments pursuant to the payment terms. Except as otherwise provided on the MuseAvenue Platform, Service Fees are non-refundable.

7. Terms specific for Talents

7.1 Terms applicable to all Professional Services

7.1.1 When creating a Professional Service through the MuseAvenue Platform you must (i) provide complete and accurate information about your Talent Service (such as Professional Service description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as Talent rules) and requirements that apply (such as minimum call out fee, travel fee) and (iii) provide any other pertinent information requested by Hair App Solutions Pty Ltd. You are responsible for keeping your Professional Service information (including calendar availability) up-to-date at all times.

7.1.2 Talents are solely responsible for setting a price (including any Taxes if applicable) for your Professional Service (“Professional Service Fee”). Once a Customer requests a booking of your Professional Service, you may not request that the Customer pays a higher price than in the booking request.

7.1.3 Any terms and conditions included in your Professional Service, particularly in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Professional Profile.

7.1.4 Pictures, animations or videos (collectively, “Images“) used in your Professional Profile must accurately reflect the quality and condition of your Talent Services. Hair App Solutions Pty Ltd reserves the right to require that Professional Services have a minimum number of Images of a certain format, size and resolution.

7.1.5 The placement and ranking of Professional Services in search results on the MuseAvenue Platform may vary and depend on a variety of factors, such as Customer search parameters and preferences, Talent requirements, price and calendar availability, number and quality of Images, Customer service and cancellation history, Reviews and Ratings, type of Talent Service, and/or ease of booking.

7.1.6 When you accept or have pre-approved a booking request by a Customer, you are entering into a legally binding agreement with the Customer and are required to provide your Talent Service(s) to the Customer as described in your Professional Service when the booking request is made. Customer also agrees to pay any applicable Talent Fee and any applicable Taxes, which will be collected pursuant to the payment terms.

7.1.7 Hair App Solutions Pty Ltd recommends that Talents obtain appropriate insurance for their Talent Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Clients (and the individuals the Customer has booked for, if applicable) or Talent Service.

7.2 Professional Service Profiles

7.2.1 You may only list one Profile per Talent.

7.2.2 You represent and warrant that any Professional Service you post and the booking of Professional Service will (i) not breach any agreements you have entered into with any third parties, such as with salons, agencies or other agreements, and (ii) comply with all applicable laws such as Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Talent, you are responsible for your own acts and omissions and are also responsible for other Talents who accompany you to Professional Services, excluding the Customer (and the individuals the Customer invites to the Profile, if applicable).

7.3 Add a New Talent Service

7.3.1 To list a New Talent Service, it must meet customer demand and meet regulations. Hair App Solutions Pty Ltd reserves the right to decide, in its sole discretion, if a submitted additional service will be published on the MuseAvenue Platform.

7.3.2 When you list a new service, you must, where applicable, fully educate and inform Clients about (i) any risks inherent to the Service, (ii) Level of Experience, and (iii) anything else they may need to know to decide on service

7.3.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to new service and you will obtain any required licenses, permits, or registrations

7.3.5 You must provide a Professional Service in person and may not allow any third party to provide the Experience unless authorized by Hair App Solutions Pty Ltd.

8. Terms specific for

8.1 Terms applicable to all bookings

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Talent, you can book a professional service available on the MuseAvenue Platform by following the respective booking process. All applicable fees, including the Professional Service Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Professional Service. You agree to pay the Total Fees for any booking requested in connection with your MuseAvenue Account.

8.1.2 Upon receipt of a booking confirmation from Hair App Solutions Pty Ltd, a legally binding agreement is formed between you and your Talent, subject to any additional terms and conditions of the Talent that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Professional Service. Hair App Solutions Pty Ltd may collect the Total Fees at the time of the booking acceptance or Talents may request payment at time of service.

8.1.3 If you book a Talent Service on behalf of additional Clients, you are required to ensure that every additional Customer meets any requirements set by the Talent and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Talent.

8.2 Booking Profiles

8.2.1 You understand that a confirmed booking of a Profile (“Profile Booking”) is a limited license granted to you by the Talent to enter, occupy and use the Profile for the duration of your stay, during which time the Talent (only where and to the extent permitted by applicable law) retains the right to re-enter the Profile, in accordance with your agreement with the Talent.

8.3 Booking Experiences, Events and other Talent Services

8.3.1 You should carefully review the Professional Service you intend to book to ensure you (and any additional Clients you are booking for) meet any requirements which the Talent has specified in their Professional Service. You are required to inform the Talent of any medical or physical conditions, or other circumstances that may impact your and any additional Customer’s ability to safely participate Professional Service.

8.3.2 Before and during a Professional Service you must at all times, adhere to the Talents’ instructions.

9. Booking Modifications, Cancellations and Refunds, Resolution Centre

9.1 Talents and Clients are responsible for any modifications to a booking that they make via the MuseAvenue Platform or direct Hair App Solutions Pty Ltd Customer service to make (“Booking Modifications“), and agree to pay any additional Professional Service Fees, Talent Fees or Customer Fees and/or Taxes associated with such Booking Modifications.

9.2 Clients can cancel a confirmed booking at any time subject to the Professional Service’s cancellation policy and Hair App Solutions Pty Ltd Payments will provide any refund to the Customer in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Talent under the applicable cancellation policy will be remitted to the Talent by Hair App Solutions Pty Ltd Payments pursuant to the Payment Terms.

9.3 Clients can change a confirmed booking at any time subject to the Talent accepting change. Talent do not have to accept change requests.

9.4 If a Talent cancels a confirmed booking, the Customer will receive a full refund of the Total Fees for such booking and Hair App Solutions Pty Ltd may publish an automated review on the Professional Service cancelled by the Talent indicating that a booking was cancelled. In addition, Hair App Solutions Pty Ltd may (i) keep the calendar for the Professional Service unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Talent has a valid reason for cancelling the booking pursuant to Hair App Solutions Pty Ltd’s Extenuating Circumstances Policy or has legitimate concerns about the Customer’s behaviour.

9.5 For Experiences, Events and other Talent Services, if inclement weather creates an unsafe or uncomfortable scenario for Clients, Talents may modify or cancel a Talent Service. If there is a substantial change in the itinerary or the Talent Service needs to be cancelled, Hair App Solutions Pty Ltd will work with the Talent to provide Clients an alternative date for the Talent Service, an appropriate refund or a rebooking.

9.6 In certain circumstances, Hair App Solutions Pty Ltd may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and pay-out decisions. This may be for reasons set forth in Hair App Solutions Pty Ltd’s Extenuating Circumstances Policy or (i) where Hair App Solutions Pty Ltd believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Hair App Solutions Pty Ltd, other Clients, third parties or property, or (ii) for any of the reasons set out in these Terms.

9.7 If a Customer suffers a Material Issue pursuant to the Customer Refund Policy, Hair App Solutions Pty Ltd may determine, in its sole discretion, to refund the Customer part or all of the Total Fees in accordance with the Customer Refund Policy.

9.8 Clients may use the Resolution Centre to send or request money for refunds, additional Talent Services, Co-Talent Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Centre in connection with your MuseAvenue Account and Hair App Solutions Pty Ltd Payments will handle all such payments pursuant to the Payment Terms.

10. Ratings and Reviews

10.1 Within a certain timeframe after completing a booking, Clients and Talents can leave a public review (“Review”) and submit a rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Clients and do not reflect the opinion of Hair App Solutions Pty Ltd. Ratings and Reviews are not verified by Hair App Solutions Pty Ltd for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Clients and Talents must be fair, truthful and factual and may not contain any offensive or defamatory language.

10.3 Clients are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Talent.

11. Damage to Profiles, Disputes between Clients

11.1 As a Customer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to Talent.

11.2 If a Talent claims and provides evidence that you as a Customer have damaged Talents materials (“Damage Claim“), the Talent can seek payment from you through the Resolution Centre. If a Talent escalates a Damage Claim to Hair App Solutions Pty Ltd, you will be given an opportunity to respond. If you agree to pay the Talent or Hair App Solutions Pty Ltd determines in its sole discretion that you are responsible for the Damage Claim, Hair App Solutions Pty Ltd Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payment Terms. Hair App Solutions Pty Ltd also reserves the right to otherwise collect payment from you and pursue any remedies available to Hair App Solutions Pty Ltd in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Talents under the Hair App Solutions Pty Ltd Talent Guarantee.

11.3 Clients agree to cooperate with and assist Hair App Solutions Pty Ltd in good faith, and to provide Hair App Solutions Pty Ltd with such information and take such actions as may be reasonably requested by Hair App Solutions Pty Ltd, in connection with any Damage Claims or other complaints or claims made by Clients relating to Profiles or any personal or other property located at an Profile (including, without limitation, payment requests made under the Hair App Solutions Pty Ltd Talent Guarantee), Experiences, or Co-Talent agreements. A Talent shall, upon Hair App Solutions Pty Ltd’s reasonable request and at no cost to the Talent, participate in mediation or a similar resolution process with another Talent, which process will be conducted by Hair App Solutions Pty Ltd or a third party selected by Hair App Solutions Pty Ltd or its insurer, with respect to losses for which a Talent is requesting payment from Hair App Solutions Pty Ltd (including but not limited to payments under the Hair App Solutions Pty Ltd Talent Guarantee).

11.4 If you are a Customer or a Co-Talent, you understand and agree that Hair App Solutions Pty Ltd may make a claim under your insurance policy related to any damage or loss that you may have caused, or been responsible for, to an Talent’s personal or other property located at an service site (including without limitation amounts paid by Hair App Solutions Pty Ltd under the Hair App Solutions Pty Ltd Talent Guarantee).

13. Taxes

13.1 As a Talent you are solely responsible for determining your obligations to report, collect, remit or include in your Professional Service Fees any applicable GST or other indirect sales taxes, services tax, tourist or other visitor taxes or income taxes (“Taxes“).

13.2 Tax regulations may require us to collect appropriate Tax information from Talents, or to withhold Taxes from pay-outs to Talents, or both. If a Talent fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from pay-outs to you, we reserve the right to freeze all pay-outs, withhold such amounts as required by law, or to do both, until resolution.

13.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Profile is located may require Taxes to be collected from Clients or Talents on Professional Service Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Professional Service Fees set by Talents, a set amount per day (“Services Taxes“).

13.4 In certain jurisdictions, Hair App Solutions Pty Ltd may decide in its sole discretion to facilitate collection and remittance of Services Taxes from or on behalf of Clients or Talents, in accordance these Terms (“Collection and Remittance“) if such jurisdiction asserts Hair App Solutions Pty Ltd or Talents have a Services Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Hair App Solutions Pty Ltd (via Hair App Solutions Pty Ltd Payments) to collect Services Taxes from Clients on the Talent’s behalf at the time Professional Service Fees are collected, and to remit such Services Taxes to the Tax Authority. The amount of Services Taxes, if any, collected and remitted by Hair App Solutions Pty Ltd will be visible to and separately stated to both Clients and Talents on their respective transaction documents. Where Hair App Solutions Pty Ltd is facilitating Collection and Remittance, Talents are not permitted to collect any Services Taxes being collected by Hair App Solutions Pty Ltd relating to their Profiles in that jurisdiction.

13.5 You agree that any claim or cause of action relating to Hair App Solutions Pty Ltd’s facilitation of Collection and Remittance of Services Taxes shall not extend to any supplier or vendor that may be used by Hair App Solutions Pty Ltd in connection with facilitation of Collection and Remittance, if any. Clients and Talents agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority and agree that your sole remedy for Services Taxes collected is a refund of Services Taxes collected by Hair App Solutions Pty Ltd from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

13.6 Hair App Solutions Pty Ltd reserves the right, with prior notice to Talents, to cease the Collection and Remittance in any jurisdiction for any reason at which point Talents and Clients are once again solely responsible and liable for the collection and/or remittance of any and all Services Taxes that may apply to Profiles in that jurisdiction.

14. Prohibited Activities

14.1 You are solely responsible for compliance with all laws, rules, regulations, and Tax obligations that may apply to your use of the MuseAvenue Platform. In connection with your use of the MuseAvenue Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms Policies and Standard;
  • use the MuseAvenue Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Hair App Solutions Pty Ltd endorsement, partnership or otherwise misleads others as to your affiliation with Hair App Solutions Pty Ltd;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Talent, contained on the MuseAvenue Platform in any way that is inconsistent with Talent Policy or these Terms or that otherwise violates the privacy rights of Clients or third parties;
  • use the MuseAvenue Platform in connection with the distribution of unsolicited commercial messages (“spam”);
  • offer, as a Talent, any Profile that you do not yourself own or have permission to make available as a residential or other property through the MuseAvenue Platform;
  • unless Hair App Solutions Pty Ltd explicitly permits otherwise, book any Professional Service if you will not actually be using the Talent Services yourself;
  • contact another Talent for any purpose other than asking a question related to your own booking, Professional Service, or the Talent’s use of the MuseAvenue Platform, including, but not limited to, recruiting or otherwise soliciting any Talent to join third-party services, applications or websites, without our prior written approval;
  • use the MuseAvenue Platform to request, make or accept a booking independent of the MuseAvenue Platform, to circumvent any Service Fees or for any other reason;
  • request, accept or make any payment for Professional Service Fees outside of the MuseAvenue Platform or Hair App Solutions Pty Ltd Payments unless you are a paid member and are offering ‘pay later’. If you not a ‘paid member’ you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Hair App Solutions Pty Ltd harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour;
  • use, display, mirror or frame the MuseAvenue Platform or Collective Content, or any individual element within the MuseAvenue Platform, Hair App Solutions Pty Ltd’s name, any Hair App Solutions Pty Ltd trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the MuseAvenue Platform, without Hair App Solutions Pty Ltd’s express written consent;
  • dilute, tarnish or otherwise harm the Hair App Solutions Pty Ltd brand in any way, including through unauthorized use of Collective Content, registering and/or using Hair App Solutions Pty Ltd or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Hair App Solutions Pty Ltd domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the MuseAvenue Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Hair App Solutions Pty Ltd or any of Hair App Solutions Pty Ltd’s providers or any other third party to protect the MuseAvenue Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the MuseAvenue Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the MuseAvenue Platform;
  • export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

14.2 You acknowledge that Hair App Solutions Pty Ltd has no obligation to monitor the access to or use of the MuseAvenue Platform by any Talent or to review, disable access to, or edit any Talent Content, but has the right to do so to (i) operate, secure and improve the MuseAvenue Platform (including without limitation for fraud prevention, risk assessment, investigation and Customer support purposes); (ii) ensure Clients’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Talent Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Clients agree to cooperate with and assist Hair App Solutions Pty Ltd in good faith, and to provide Hair App Solutions Pty Ltd with such information and take such actions as may be reasonably requested by Hair App Solutions Pty Ltd with respect to any investigation undertaken by Hair App Solutions Pty Ltd or a representative of Hair App Solutions Pty Ltd regarding the use or abuse of the MuseAvenue Platform.

14.3 If you feel that any Talent you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Hair App Solutions Pty Ltd by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

15. Term and Termination, Suspension and other Measures

15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Hair App Solutions Pty Ltd terminate the Agreement in accordance with this provision.

15.2 You may terminate this Agreement at any time via the “Cancel Account” feature on the MuseAvenue Platform or by sending us an email. If you cancel your MuseAvenue Account as a Talent, any confirmed booking(s) will be automatically cancelled and your Clients will receive a full refund. If you cancel your MuseAvenue Account as a Customer, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Professional Service’s cancellation policy.

15.3 Without limiting our rights specified below, Hair App Solutions Pty Ltd may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

15.4 Hair App Solutions Pty Ltd may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Hair App Solutions Pty Ltd believes in good faith that such action is reasonably necessary to protect the personal safety or property of Hair App Solutions Pty Ltd, its Clients, or third parties (for example in the case of fraudulent behaviour of a Talent).

15.5 In addition, Hair App Solutions Pty Ltd may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the MuseAvenue Account registration, Professional Service process or thereafter, (iv) you and/or your Professional Services or Talent Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Hair App Solutions Pty Ltd otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Hair App Solutions Pty Ltd believes in good faith that such action is reasonably necessary to protect the personal safety or property of Hair App Solutions Pty Ltd, its Clients, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Professional Services, Ratings, Reviews, or other Talent Content;
  • cancel any pending or confirmed bookings;
  • limit your access to or use of the MuseAvenue Platform;
  • temporarily or permanently revoke any special status associated with your MuseAvenue Account; or
  • temporarily or in case of severe or repeated offenses permanently suspend your MuseAvenue Account.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Hair App Solutions Pty Ltd and an opportunity to resolve the issue to Hair App Solutions Pty Ltd’s reasonable satisfaction.

15.6 If we take any of the measures described above (i) we may refund your Clients in full for any and all confirmed bookings that have been cancelled, irrespective of pre-existing cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your MuseAvenue Account or any of your Talent Content. If your access to or use of the MuseAvenue Platform has been limited or your MuseAvenue Account has been suspended or this Agreement has been terminated by us, you may not register a new MuseAvenue Account or access and use the MuseAvenue Platform through a MuseAvenue Account of another Talent.

15.8, If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

16. Disclaimers

If you choose to use the MuseAvenue Platform or Collective Content, you do so voluntarily and at your sole risk. The MuseAvenue Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the Hair App Solutions Pty Ltd Services, laws, rules, or regulations that may be applicable to your Professional Services and/or Talent Services you are receiving and that you are not relying upon any statement of law or fact made by Hair App Solutions Pty Ltd relating to a Professional Service.

If we choose to conduct identity verification or background checks on any Talent, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Talent or guarantee that a Talent will not engage in misconduct in the future.

You agree that some Experiences, Events or other Talent Services may carry inherent risk, and by participating in those Talent Services, you choose to assume those risks voluntarily. For example, some Talent Services may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those Talent Services. You assume full responsibility for the choices you make before, during and after your participation in a Talent Service. If you are bringing a minor as an additional Customer, you are solely responsible for the supervision of that minor throughout the duration of your Talent Service and to the maximum extent permitted by law, you agree to release and hold harmless Hair App Solutions Pty Ltd from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Talent Service or in any way related to your Talent Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

17. Liability

17.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the MuseAvenue Platform and Collective Content, your publishing or booking of any Professional Service via the MuseAvenue Platform or any other interaction you have with other Clients whether in person or online remains with you. Neither Hair App Solutions Pty Ltd nor any other party involved in creating, producing, or delivering the MuseAvenue Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the MuseAvenue Platform or Collective Content, (iii) from any communications, interactions or meetings with other Clients or other persons with whom you communicate, interact or meet with as a result of your use of the MuseAvenue Platform, or (iv) from your publishing or booking of a Professional Service, including the provision or use of a Professional Service’s Talent Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Hair App Solutions Pty Ltd has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Talents pursuant to these Terms or an approved payment request under the Hair App Solutions Pty Ltd Talent Guarantee, in no event will Hair App Solutions Pty Ltd’s aggregate liability arising out of or in connection with these Terms and your use of the MuseAvenue Platform including, but not limited to, from your publishing or booking of any Professional Services via the MuseAvenue Platform, or from the use of or inability to use the MuseAvenue Platform or Collective Content and in connection with any Profile, Experiences, Event or other Talent Service, or interactions with any other Clients, exceed the amounts you have paid or owe for bookings via the MuseAvenue Platform as a Customer in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Talent, the amounts paid by Hair App Solutions Pty Ltd to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred AUD dollars (AUD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Hair App Solutions Pty Ltd and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of Australia., this does not affect Hair App Solutions Pty Ltd’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

18. Indemnification

You agree to release, defend (at Hair App Solutions Pty Ltd’s option), indemnify, and hold Hair App Solutions Pty Ltd and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the MuseAvenue Platform or any Hair App Solutions Pty Ltd Services, (iii) your interaction with any Talent, stay at an Profile, participation in an Experience, Event or other Talent Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Hair App Solutions Pty Ltd’s Collection and Remittance of Services Taxes, or (v) your breach of any laws, regulations or third party rights.

19. Dispute Resolution

If a Customer or a Talent wants to raise a dispute regarding a Booking, the customer or Talent must contact us within 24 hours of the Completed Booking. If the Customer or Talent does not notify us within 24 hours, the booking automatically becomes a Completed Booking and payment is released to Talent

The parties shall endeavour to settle any dispute arising out of or relating to this agreement, including with regard to its existence, validity or termination, by mediation (through the applicable Australian state fair trading agency) before having recourse to arbitration or litigation.

Reference to the Australian Competition & Consumer Commission’s (ACCC) Industry ombudsman and dispute resolution procedures will apply to the dispute resolution procedure.

20. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the MuseAvenue Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact”: section of the MuseAvenue Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

21. Applicable Law and Jurisdiction

This contract will be interpreted under and governed by the laws of Australia.

The parties submit to the exclusive jurisdiction of the courts of Australia and any courts that may hear appeals from those courts in respect of any proceedings in connection with this contract.

22. General Provisions

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Hair App Solutions Pty Ltd and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Hair App Solutions Pty Ltd and you in relation to the access to and use of the MuseAvenue Platform.

22.2 No joint venture, partnership, employment, or agency relationship exists between you and Hair App Solutions Pty Ltd as a result of this Agreement or your use of the MuseAvenue Platform.

22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

22.5 Hair App Solutions Pty Ltd’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Hair App Solutions Pty Ltd’s prior written consent. Hair App Solutions Pty Ltd may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

22.7 Unless specified otherwise, any notices or other communications to Clients permitted or required under this Agreement, will be in writing and given by Hair App Solutions Pty Ltd via email, MuseAvenue Platform notification, or messaging service (including SMS and WeChat).

22.8 This contract constitutes the entire agreement between the parties and sets out a full statement of the contractual rights and liabilities of the parties in relation to the works and no negotiations between them nor any document agreed or signed by them prior to the date of this contract in relation to the works is of any contractual effect.

22.9 If you have any questions about these T&Cs please email us at hello@museavenue.co