Welcome to Lure App! Shop what you want, where you want, when you want!
WHAT PARTS OF THESE TERMS APPLY TO ME?
This agreement governs your use of the of the Lure App, a platform that connects shoppers to retail stores and is available via the Apple iOS Store or the Google Play Store (Platform) and any other services made available through the Platform.
By downloading and/or using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Lure App Pty Ltd 61 615 140 764 (Lure App, we or us).
The remainder of this agreement is divided into three parts:
● Part A (All Users), which sets out terms that apply to all Users;
● Part B (Retail Stores), which sets out additional terms that apply to Retail Stores, being retail stores wishing to connect with shoppers via the Platform; and
● Part C (Shoppers), which sets out additional terms that apply to Shoppers, being consumers wishing to find retail stores and use other Services on the Platform.
If you intend to use the Platform as a Retail Store, only Parts A and B of these terms will apply to you.
If you intend to use the Platform as a Shopper, only Parts A and C of these terms will apply to you.
An additional set of terms and conditions applies to Retail Stores wishing to access certain features of the Platform, such as plug-ins, in exchange for a fee (Software Agreement).
When we talk about the “Services” in this agreement, we are referring to the Platform, our related mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.
If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Please note that we may change these terms (excluding fee increases) at any time without providing you notice. Where a change is made in relation to a fee increase, we will provide you with two weeks’ notice prior to the change being implemented. Your continued use of the Platform will constitute your acceptance of the updated terms. We encourage you to check these terms and conditions regularly to check for any updates.
Part A All Users
1 ELIGIBILITY
If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
2 ACCOUNTS
(a) In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Lure App from time to time.
(c) You warrant that any information you give to Lure App in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) You may register for an Account using your Google+, Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
(e) Correspondence between Users must take place on the Platform.
(f) Once you complete the Account registration process, Lure App may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(g) Lure App reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(h) Lure App may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
(i) Additional conditions that are set out in clause 2 of Part B apply to Accounts of Retail Stores.
3 USER OBLIGATIONS
As a User, you agree:
(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Lure App of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
(c) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
(i) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
(ii) in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Lure App;
(d) not to act in any way that may harm the reputation of Lure App or associated or interested parties or do anything at all contrary to the interests of Lure App or the Platform;
(e) not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Lure App;
(f) that Lure App may change any features of the Platform or Services offered through the Platform at any time without notice to you;
(g) that information given to you through the Platform, by Lure App or another User including a Retail Store, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
(h) that Lure App may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
4 POSTED MATERIALS
4.1 WARRANTIES
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
(f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
(h) the Posted Material does not breach or infringe any applicable laws.
4.2 LICENCE
(a) You grant to Lure App a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Lure App to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Lure App from any and all claims that you could assert against Lure App by virtue of any such moral rights.
(c) You indemnify Lure App against all damages, losses, costs and expenses incurred by Lure App arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
4.3 REMOVAL
(a) Lure App acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Lure App may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
(b) You agree that you are responsible for keeping and maintaining records of Posted Material.
5 REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
Lure App will have no liability or obligation to you if:
(a) a Shopper or Retail Store cancels at any time after the time for performance of an Appointment Booking or Listing is agreed; or
(b) for whatever reason, including technical faults, the services in an Appointment Booking or goods in a Listing cannot be purchased, performed or completed,
and you will not be entitled to any compensation from Lure App.
6 IDENTITY VERIFICATION
(a) (Verification) We may offer or require Users to verify their details (including age, name or addresses) using our processes or an external identity verification service as applicable (Verification Service).
(b) (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 16. Where a Verification Service is used, you acknowledge and agree that:
(i) we may contact and share your personal information with a Verification Service to verify your details;
(ii) you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
(c) (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
(d) (Warranty and Indemnity) You acknowledge and agree that:
(i) we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
(ii) you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
(iii) we do not endorse any User, Listing, Appointment Booking or Verification Service.
7 ONLINE PAYMENT PARTNER
(a) We may use third-party online payment partners (each an Online Payment Partner) to collect payments on the Platform, including for our Services.
(b) The full list of Online Payment Partners available on the Platform can be found here: [insert link].
(c) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
(d) You agree to release Lure App and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
(e) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
8 SERVICE LIMITATIONS
The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Lure App cannot and does not represent, warrant or guarantee that:
(a) the Platform will be free from errors or defects;
(b) the Platform will be accessible at all times;
(c) messages sent through the Platform will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Platform will be secure or confidential; or
(e) any information provided through the Platform is accurate or true.
9 INTELLECTUAL PROPERTY
(a) Lure App retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and/or using the Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Lure App or as permitted by law.
(c) In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
10 THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Lure App accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
11 THIRD PARTY TERMS
(a) Any service that requires Lure App to acquire goods and services supplied by a third party on behalf of the Shopper (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
(b) Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Lure App to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.
12 DISPUTES BETWEEN USERS
(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Lure App via the contact details provided on the Platform and/or our website. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(d) Lure App has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
(e) Lure App reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
(f) If you have a dispute with Lure App, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
(g) Notwithstanding any other provision of this clause 12, you or Lure App may at any time cancel your Account or discontinue your use of the Platform.
13 SECURITY
Lure App does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
14 DISCLAIMER
(a) (Introduction service) Lure App is a medium that facilitates the introduction of Shoppers and Retail Stores for the purposes of informing the Shoppers about the goods and/or services offered by the Retail Stores, and allowing the Shoppers to book appointments with the Retails Stores and allowing the Shoppers to purchase goods and/or services from the Retail Stores. Lure App may collect a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Shoppers and Retail Stores in relation to such services or otherwise resulting from the introduction.
(b) (Limitation of liability) To the maximum extent permitted by applicable law, Lure App excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Retail Store. This includes the transmission of any computer virus.
(c) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(d) (Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(e) (Indemnity) You agree to indemnify Lure App and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
(i) breach of any term of this agreement;
(ii) use of the Platform; or
(iii) your provision or receipt of Services from another User.
(f) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Lure App be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Retail Store (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
15 CONFIDENTIALITY
You agree that:
(a) no information owned by Lure App, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b) all communications involving the details of other users on this Platform and of the Retail Store are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
16 PRIVACY
You agree to be bound by the clauses outlined in Lure App’s Privacy Policy, which can be accessed here www.lureapp.io/privacy.
17 COLLECTION NOTICE
(a) We collect personal information about you in order to enable you to access and use the Services and personalise your user experience, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
18 NOTICE REGARDING APPLE
If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
(a) this agreement is are between you and Lure App and not with Apple. Apple is not responsible for the Services or any content available on the Services;
(b) Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
(c) in the event of any failure of Lure App to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Lure App’s responsibility;
(d) Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
(e) in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
(f) that you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
(g) you must comply with applicable third party terms of this agreement when using the Services; and
(h) Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.
19 TERMINATION
(a) Lure App reserves the right to terminate a User’s access to any or all of the Platform (including any listings, memberships or Accounts) at any time without notice, for any reason.
(b) In the event that a User’s Account is terminated:
(i) the User’s access to all posting tools on the Platform will be revoked;
(ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
(iii) the User may be unable to view the details of other Retail Stores (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
(c) Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, Lure App will effect such termination within a reasonable time after receiving written notice from the User.
(d) Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
20 TAX
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Lure App will not be held accountable in relation to any transactions between Shoppers and Retail Stores where tax related misconduct has occurred.
21 RECORD / AUDIT
To the extent permitted by law, Lure App reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Lure App.
22 NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.
23 GENERAL
23.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
23.2 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
23.3 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
23.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
23.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
23.6 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
23.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
23.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
Part B RETAIL STORES
1 ELIGIBILITY AND QUALIFICATIONS
(a) You warrant that:
(i) you are a retail business in Australia with a registered Australian Business Number;
(ii) you have a live business website (Business Website) and a physical store presence; and
(iii) the information contained on your Business Website is accurate and up to date at all times.
(b) If in any of your Posted Materials or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to Lure App that you do hold such Qualifications and if requested, will promptly provide Lure App with evidence of the Qualifications.
2 PERMISSION TO USE INFORMATION ON YOUR BUSINESS WEBSITE
(a) For ease of use of the Platform, we may pre-populate information relating to your Account directly from your Business Website (Pre-populated Accounts).
(b) At the time you create an Account in accordance with clause 2 of Part A we will ask you to check that all of the information in your Pre-populated Account is accurate and give us permission to use such information.
(c) Once you’ve confirmed the accuracy of your Pre-populated Account and agreed to us using the information in the Pre-populated Account, such information will become Posted Material in accordance with clause 4 of Part A for the purposes of this agreement.
(d) The Platform may have functionality allowing you to link product data, located on your Business Website, directly to your Account. If you use such functionality, you acknowledge and agree that any data fed from the Business Website to the Platform will be considered Posted Materials for the purposes of this agreement.
3 SOFTWARE AGREEMENT
(a) These terms govern the basic features available to you on the Platform, such as having an Account, posting Posted Materials and allowing Shoppers to book appointments with you.
(b) You acknowledge and agree that if you wish to access additional features on the Platform via plug-ins and software we provide, such as a direct feed of products from your Business Website or a mechanism that allows Shoppers to buy goods from you directly on the Platform, you will need to enter into a separate Software Agreement with us.
(c) The full list of features available under both agreements is available here: [insert link].
4 CHAT FEATURE AND APPOINTMENT BOOKING
You acknowledge and agree that:
(a) Shoppers may contact you directly via the Platform through our chat feature (Chat Feature).
(b) You may allow Shoppers to book appointments with you via the Chat Feature to enable them to visit your physical Store and purchase certain goods and/or services (Appointment Booking).
(c) You acknowledge and agree that:
(i) you must use your best endeavours to provide as much information as possible in any Appointment Booking;
(ii) any information you supply in an Appointment Booking must be true, timely and accurate;
(iii) you must take all reasonable steps to complete the services as described in every Appointment Booking that is accepted by a Shopper, including by not cancelling any part of such an Appointment Booking;
(iv) any additional terms and conditions relating to a the Appointment Booking, or a quote provided via the Platform, are solely between you and the relevant Shopper and do not involve Lure App in any way, except that they must not be inconsistent with your or the Shopper’s obligations under this agreement; and
(v) Lure App will have no responsibility for the accuracy, reliability or timeliness of any Shopper’s response to an Appointment Booking.
(d) You must ensure that all services specified in an Appointment Booking that is accepted by a Shopper are provided:
(i) in accordance with all applicable laws, regulations, tax obligations and industry standards;
(ii) with due care and skill and in a professional, punctual and diligent manner;
(iii) so that the services are fit for their intended purpose; and
(iv) on the date and at the times set out in the Appointment Booking.
(e) You acknowledge and agree that a Shopper may review any Appointment Booking or services you provide under an Appointment Booking on the Platform in accordance with clause Part C of Part C of this agreement.
(f) If a Shopper requests to reschedule the delivery time for the services listed in an Appointment Booking, you may choose to accept or reject such a request.
5 SELLING GOODS
You acknowledge and agree that where you have entered into a Software Agreement with us that allows you to market and sell your goods directly on the Platform:
(a) our plug-in will feed the listing on your Business Website directly to the Platform and such listings will be constitute offers from you to the Shoppers to buy the goods on your Website directly through the Platform (Listing);
(b) Lure App may choose to remove any Listing on the Platform, and the number of listings you may have on the Platform may depend on your subscription Tier under the Software Agreement;
(c) for each Listing on the Platform, if a Shopper agrees to purchase goods via that Listing, Lure App will collect a Service Fee (defined in with clause 6 below);
(d) for any goods, you must only charge each Shopper the amount you have quoted as being payable by a Shopper in the relevant Listing for the Good(s) described in that Listing (GST inclusive) (Quoted Amount), minus the Service Fee (Remaining Balance) and you must not try to claim the Service Fee, or any other additional amount, from the Shopper for the goods;
(e) the Quoted Amount will be paid by the Shopper to an Online Payment Partner(defined in clause 7 of Part A of this agreement), and Lure App will ensure that the Online Payment Partner pays the Remaining Balance to you within a reasonable time after the Online Payment Partner receives it from the Shopper;
(f) delivery of goods to Shoppers is the responsibility of the Retail Store;
(g) you may charge for delivery of goods to the Shopper as part of a Listing, such amount to form part of the Quoted Amount, however the amount charged for delivery must be reasonable;
(h) you must take all reasonable steps to provide the goods as described in every Listing that is accepted by a Shopper, including by not cancelling any part of an accepted Listing;
(i) you must deal with any dispute with a Shopper in accordance with clause 12 of Part A;
(j) Lure App reserves the right to allocate the Remaining Balance between a Shopper and a Retail Store in accordance with:
(i) any other agreement between that Shopper and Retail Store, as notified to Lure App; or
(ii) Lure App’s right to disperse funds as it sees fit in circumstances of a dispute (clause 12 of Part A);
(k) any additional terms and conditions relating to a Listing or quote provided via the Platform are solely between you and the Shopper and do not involve Lure App in any way, except that they must not be inconsistent with either party’s obligations under this agreement; and
(l) Lure App will have no responsibility for the accuracy, reliability or timeliness of the content provided by a Shopper responding to a Listing, and the Retail Store must take steps to independently verify the accuracy and reliability of such content.
6 FEES
(a) Once a Shopper accepts a Listing on the Platform, the Shopper will be prompted to pay the Quoted Amount to you via an Online Payment Partner (defined in clause 7 of Part A of this agreement) chosen by the Shopper.
(b) After the Online Payment Partner receives payment from the Shopper, we will ensure that the Online Payment Partner transfers the Remaining Balance to you within a reasonable time.
(c) The service fee will be the percentage of the Quoted Amount specified on the Platform from time to time, plus any fee payable for the transaction to the Online Payment Partner (Service Fee).
(d) The Online Payment Partner may hold the Remaining Balance for a reasonable period after receiving it from a Shopper. Lure App reserves the right to have the Online Payment Partner hold the Remaining Balance and disperse this amount, along with other amounts, to the Retail Store in a bulk monthly payment.
(e) Retail Stores may request the Remaining Balance be paid to them earlier, by providing evidence that the relevant Good has been dispatched to the relevant Shopper. We may approve such requests, at our absolute discretion, and we may require Retail Stores to pay additional fees in consideration for such approval.
(f) Lure App reserves the right to change or waive the Service Fee at any time by updating this agreement on the Platform.
7 SPONSORED SKILL POSTS
Other services provided on the Platform, including but not limited to advertising or promoting a Listing or other information (Ads), incur fees, as described on the Platform.
By submitting an order for purchase of Ads on the Platform (Purchase Order) you represent and confirm that that constitutes your intention and offer to enter into a contract, where we will provide you with the services you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
8 REFUNDS & CANCELLATIONS
(a) Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a Listing before you have fulfilled the requirements of the Listing that a Shopper has agreed to, you must contact us using the Platform’s functionality, including providing details as to why you are cancelling. If Lure App decides to investigate your request, you must provide assistance and information to Lure App as reasonably requested.
(b) You must ensure that your cancellation policy and refund policy, in relation to your Listings, are in compliance with all applicable laws.
(c) Without limiting clause 8(d), if we accept your request to cancel a Listing already accepted by a Shopper, we may take one or more of the following actions:
(i) cancel your Account or membership with Lure App;
(ii) refund the Service Fee to the relevant Shopper; or
(iii) require that you pay all or part of the Service Fee refunded to the Shopper and issue you an invoice for that amount.
(d) The Service Fee is by default non-refundable. However, Lure App may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
(e) You agree to honour and comply with the process set out in this clause 8 in the event of a pricing error on the Platform.
9 BINDING CONTRACT
You agree that when a Shopper accepts a Listing, this constitutes a binding contract between you and that Shopper, where you will provide the Shopper with the goods in the Listing they accepted in exchange for your receipt of the Remaining Balance. A contract is formed in this respect when the Shopper responds to the Listing on the Platform confirming that they accept the Retail Store’s offer.
10 WARRANTIES - GOODS
By listing yourself as a Retail Store on the Platform and posting a Listing, you represent and warrant that:
(a) you are able to provide the goods as specified in the Listing; and
(b) you will provide the relevant goods to Shoppers in compliance with all applicable laws.
11 WARRANTIES – APPOINTMENT BOOKINGS AND SERVICES
By listing yourself as a Retail Store on the Platform and/or accepting an Appointment Booking, you represent and warrant that:
(a) you are able to fulfil the requirements of the services specified in the Appointment Booking;
(b) you will provide services to each Shopper:
(i) using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
(ii) in compliance with all applicable laws; and
(c) any individuals involved in your performance of services to any Shopper have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.
Part C Shoppers
1 LISTINGS AND FEES
You acknowledge and agree that:
(a) if you accept a Listing, that will constitute your entry into a contract with the Retail Store;
(b) for each Listing you respond to, you must pay the Quoted Amount, which will be debited from your Account and Lure App will keep a Service Fee which will be a percentage of the Quoted Amount; and
(c) any terms and conditions relating to Goods or a quote provided via the Platform are solely between you and the Retail Store and do not involve Lure App in any way, except that they must not be inconsistent with either party’s obligations under this agreement.
2 PAYMENT
(a) (Payment obligations) Unless otherwise agreed in writing with the Retail Store you must pay for all Goods specified in a Listing prior to the Retail Store providing those Goods.
(b) (Card surcharges) Lure App reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(c) (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to your agreement with the Retail Store, you will then have the option of purchasing the relevant Goods at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
3 CANCELLATIONS
(a) Lure App will have no liability or obligation to you if a Retail Store cancels a Listing at any time after you have accepted it and you will not be entitled to any compensation from Lure App, including any portion of the Service Fee.
(b) If you wish to cancel a Good before the Retail Store has fulfilled the requirements specified in the relevant Listing, you must contact the Retail Store. If Lure App decides to investigate your cancellation, you must provide assistance and information to Lure App as reasonably requested.
(c) If you cancel a Good, whether the Remaining Balance paid to the Retail Store is refundable to you in respect of that Good will depend on the cancellation policy and refund policy of the Retail Store.
(d) The Service Fee is by default non-refundable. However, Lure App may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
4 RATINGS AND REVIEWS
(a) Shoppers may rate the goods and/or services they receive from Retail Stores (Rating) and/or may provide feedback to Retail Stores regarding the services Shoppers received from them (Review).
(b) Shoppers’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Retail Store Account is removed or terminated.
(c) Shoppers must only provide true, fair and accurate information in their Reviews.
(d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Shopper from posting further Reviews. We do not undertake to review each Review made by Shoppers.
(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(f) You may not publish Reviews of Retail Stores to whom you have a personal or professional relationship (separately from the Platform).
(g) You may only write a Review about a Retail Store if you have had a buying or service experience with that Retail Store, which means that:
(i) you have purchased a product or service from that Retail Store via the Platform; or
(ii) you have placed an order with the Retail Store via the Platform; or
(iii) you can otherwise document your use of the Retail Store’s service, including via correspondence or other interaction with the Retail Store via the Platform,
(collectively referred to as a Service Experience).
(h) You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
(i) You may not write a Review about a Retail Store you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Retail Store, or work for the Retail Store. Similarly, you may not write a Review about a direct competitor to the Retail Store you own, are employed by or work for.
(j) Your Service Experience must have occurred within the last 12 months when you submit a Review.
(k) You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Retail Store to write a Review, you should include information about this in your Review. Incentives include the Retail Store offering you a gift, reward, discount or advantage for writing a Review about the Retail Store.
5 LINKED BUSINESSES
You acknowledge and agree that:
(a) the Platform provides links and introductions to Retail Stores owned and operated by third parties that are not under the control of Lure App;
(b) the provision by Lure App of introductions to Retail Stores does not imply any endorsement or recommendation by Lure App of any Retail Store;
(c) Lure App does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Retail Store who uses or is listed on the Platform; and
(d) any terms and conditions relating to an Appointment Booking, a Listing or quote provided via the Platform constitute a contract between you and the Retail Store once agreed in accordance with clause Part C and do not involve Lure App in any way.
6 COMMUNICATION OUTSIDE THE PLATFORM
(a) You must not communicate with a Retail Store, or request or entice a Retail Store to communicate with you, outside the Platform (except in the course of accepting Retail Store services that were agreed in an Appointment Booking or a Listing.
(b) Lure App, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 6.
