Spree with Me Terms and Conditions

For a brief overview of some of these key points for clients, see our Spree Decree.

These terms and conditions below relate to the Spree With Me online marketplace (Platform) and apply regardless of how you access the Platform.

The Platform:

connects individual service providers, known individually as a Style Maven or collectively as the Style Squad, (Service Providers) with clients (Customers) by connecting Service Providers and Customers;
is operated by Imogene Whittle trading as “Spree With Me” or its successors and assignees (we, our or us).
is available at: www.spreewithme.com and may be available through other addresses or channels, including mobile application.

By accessing and our using the Platform and website you agree to these terms and our Privacy Policy.

Scope of the Platform

(a) The Platform:

(i) provides an introductory service for Service Providers and Customers.

(ii) connects Customers with our Style Squad (Service Providers) to meet a Style Maven to arrange for face to face shopping together.

(iii) does not operate shopping tours or activities.

(iv) A Service Provider with an ability and wish to perform services:

(i) creates an account on the Platform in their personal name (not their business name, unless they trade under their personal name); and

(ii) posts an accurate and complete description of the service to be provided (including the fee or price to be paid by the Customer) (Listing).

(v) A Customer with a requirement for a service to be provided by a Service Provider:

(i) creates an account on the Platform and receives a log in;

(ii) reviews Listings uploaded by Service Providers; and

(iii) makes a request for a booking which is sent to a Service Provider through the Platform (Booking Request).

(vi) If a Service Provider desires to provide services to a Customer following a Booking Request, the Service Provider shall accept the Booking Request in order to do so, to create a booking (Booking). By accepting a Booking Request, the Service Provider confirms that s/he is legally entitled to and capable of supplying the services described in the Listing and that a contract exists between the Customer and the Service Provider for the agreed services to be provided by the Service Provider to the Customer (Spree Contract).

(vii) The Spree Contract will be as agreed between the Customer and the Service Provider. In the absence of, or in addition to, any specific terms of agreement between the Customer and the Service Provider, the model terms included as Appendix A to these terms and conditions apply to the Spree Contract.

(viii) The Service Provider and Customer can communicate privately about the Spree Contract using our private messaging service to finalise the terms of the Booking and the Spree Contract. Each time a Platform user receives a message from the Platform messaging service, a notification may be sent to the user via their currently active communication channel.

(ix) Once a Service Provider has provided the services requested by a Customer, the Service Provider and the Customer must both provide notice that the Spree Contract completed by the Booking is complete by using the Platform functionality (Completed Booking).

(x) If the Customer has reasonable grounds to request a refund for the services provided by the Service Provider during a Booking, the Customer can elect not to complete the Booking and instead elect to dispute the Booking (Disputed Booking). Upon notification of a Disputed Booking, the Booking is cancelled and the Service Provider and/ or Marketplace Administrator will investigate. In these circumstances, the Customer is not entitled to an automatic refund and the Site administrator will hold the funds in escrow for up to 85 days subject to investigation (Investigation). The outcome of the Investigation will be at the sole discretion of the Site Administrator.

(xi) You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and Service Providers are independent third party contractors not our employees, contractors, partners or agents.

(xii) We are not a party to any agreement entered into between a Service Provider and a Customer. We have no control over the conduct of Service Providers, Customers or any other users of the Platform.

(xiii) We accept no liability for any aspect of the Customer and Service Provider interaction, including but not limited to the description of services offered and the performance of services. We do not assist or involve ourselves in any way in any dispute between a Customer and a Service Provider.

Acceptance

(a) By accessing and/or using our Platform, or downloading any mobile application, you and each person, entity or organisation using our Platform (referred to as you):

(i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms);

(ii) warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and

(iii) agree to use the Platform in accordance with these Terms. You must not use the Platform unless you are at least 18 years old.

(b) If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

(d) If you access or download a mobile application to use our platform, you agree to any Usage Rules set forth in the App Store Terms of Service or the Google Play Store, the Android, Google Inc. Terms and Conditions.

(e) We may use Google Maps/Earth mapping services, including Google Maps API(s) at our discretion. Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Privacy

(a) We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(i) how we store and use your personal information;
(ii) how you can access and seek correction of your personal information;
(iii) how you can make a privacy-related complaint; and
(iv) our complaint handling process.

(d) By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Registration and Profiles

(a) You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform.

(b) You may only have 1 Account as a Service Provider and 1 Account as a Customer on the Platform. If you are Service Provider and you own more than one business, you must apply for a separate Account for each business and the granting of a second business account will be entirely at our discretion.

(c) You must provide basic information when registering for an Account including name and email address. Both Service Providers and Customers have the ability to choose their username and password.

(d) Service Providers must use their username to post Listings rather than any related business name. Edited versions of full personal names are acceptable to protect privacy. For example, it is suitable for the individual Jamie White to also register with the alternative username 'Jamie L', or as 'Jamie White Stylist', but not the business name 'White Style Agency'.

(e) As at the last update of these Terms and Conditions, Service Providers are only able to upload information and content to the website by invite only. We reserve the right to change this and will update the terms if this changes. We recommend you check back with the terms regularly to determine when this has changed.

(f) If you are a Service Provider we will review your request for an Account before approving the request. We have the discretion to (but are not obliged to) request additional information, including details of evidence of any public liability insurance and details of your experience. If you do not provide us with information we reasonably request, we may refuse to create an Account for you in our absolute discretion. If you provide us with any information that indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.

(i) You may register for an Account using your Google+, Facebook or other social media network account (Social Media Account) where available. 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.

(j) Once you have registered an Account, your account information will be used to create a profile that you can curate (Profile). Your Profile is personal and you must not transfer it to others, except with our written permission.

(k) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

(l) You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.

(m) You will immediately notify us of any unauthorised use of your Account.

(n) At our sole discretion, we may refuse to allow any person to register or create an Account.

Identity Verification

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

(b) We may offer Service Providers the option of verifying their identity and/or validating their Profile or Account using a third party identity verification service (Third Party ID Service) from time to time.

(c) Where a Service Provider has elected to verify their identity under this clause, a Service Provider acknowledges and agrees that:

(1) we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check);
(2) Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check; and
(3) you will be charged a non-refundable fee for the Identity Check (as set out on the Platform), and we will be under no obligation to perform the Identity Check until the relevant fee has been paid to us, in accordance with the requirements specified on the Platform and these Terms.

(d) Following a successful Identity Check, a Service Provider agrees and acknowledges that:

(1) we may permit you to use verification signs or badges in connection with your Profile or Account to indicate that a successful Identity Check has been performed (Verification Badge); and

(2) a Verification Badge may only be used by the individual for whom the relevant Identity Check has been successfully performed and the relevant Verification Badge has been issued, and then, only where that individual is directly providing the relevant goods or services.

(e) You acknowledge and agree that:

(1) the Identity Check and the issuance of a Verification Badge may not be fully accurate, as they are dependent on the information provided by a Service Provider and/or information or checks performed by third parties;
(2) you should not rely on the Identity Checks or the Verification Badges, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any Service Providers on the Platform.

(f) We make no warranties, representations or guarantees of any kind, whether express or implied, or whether under these Terms, under statute or on any other basis, in relation to or connected with:

(1) the accuracy, legitimacy, validity, credibility or authenticity of any users on the Platform;
(2) the performance of any Identity Check; or
(3) the issuance of any Verification Badge; and
(4) to the maximum extent permitted by law, we accept no responsibility and exclude all liability arising from, or connected with, the Identity Checks or the Verification Badges, or any use of or reliance on Identity Checks or Verification Badges.

Ratings and Reviews

(a) Customers and Service Providers may rate a Completed Booking (Rating) and/or may provide feedback to Service Provider regarding the Service Provider’s Style Maven Services purchased by that Customer (Review).

(b) Ratings and Reviews of a Customer or Service Provider can be viewed by any user and will remain viewable until the relevant Account is removed from the Platform or terminated.

(d) If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we reserve the right to deal with the Review under our internal review process, which may include deleting or removing the Review at our discretion. We do not undertake to review each Review made by either Customers or Service Providers.

(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

(f) You can write a Review about a Service Provider or Customer if you have had a service experience with that Service Provider, which means that:

(1) you have purchased a service from that Service Provider; or
(2) you have provided a service to that Customer.

(collectively referred to as a Service Experience).

(g) 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.

(h) You may not write a review about a Service Provider if you are an owner, executive or employee of that Service Provider. Similarly, you may not write a Review about a direct competitor to the Service Provider you own or are employed by.

(i) Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.

(j) You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Service Provider to write a Review, you should include information about this in your Review. Incentives include the Service Provider offering you a gift, reward, discount or advantage for writing a Review about the Service Provider on the Platform.

Fees and Payments

(a) It is free to register an Account on the Platform. There is no charge for a Customer to create a Listing, or for other users to review content on the Platform, including Listings.

(b) Any payments will be made through our third party payment processor, currently Stripe or by any other payment method set out on the Platform. In so far as it is relevant to the provision of the Account on the Platform, the terms at http://stripe.com/au/ssa are incorporated into these Terms and Conditions.

(c) A Customer’s credit/debit card will be pre-authorised up to the amount of the relevant fees set out in the Listing (Listing Fees) plus Spree With Me service fees, including additional credit card charges and fees at the time s/he makes a Booking Request. Payment will be processed if the Service Provider is set up on the Platform to review Booking Requests, at the time the Service Provider accepts the booking.

(d) If a Service Provider does not respond within a reasonable time of a Booking Request being made or if the Booking Request is declined, the Customer’s credit/ debit card will not be charged. The definition of reasonable time is at our sole discretion.

(e) Upon the creation of a Spree Contract, the Service Provider owes Spree with Me the agreed percentage service fee as specified on the Platform (Service Fee). The service fee will be automatically deducted from the price agreed for the Spree Contract held by the third party payment processor pending completion of the Spree Contract.

(f) Upon a Completed Booking, the agreed percentage income of the Listing Fees as specified on the Platform will be paid to the Service Provider directly from our third party payment processor after deduction of our Service Fee.

(g) When you make a Booking Request, we, or our third party payment processor may (i) obtain a pre-authorisation via the payment method you select or (ii) charge or authorise your payment method to be charged a nominal amount, not exceeding one dollar ($1).

(h) If your Booking Request is rejected by a Service Provider, any pre-authorisation of your payment method will be released (if applicable). The timing for the pre-authorisation to be released will vary based on our third party payment processor.

(i) We may change the fee and payment terms applying to the Platform at our sole discretion and any change is immediately effective upon us publishing the change on the Platform and will apply to any use of the Platform following the change.

(j) To the extent permitted by law, our service fee is non-cancellable and non-refundable.

Refund, re-scheduling and Cancellation Policy

(a) The Service Provider’s Listing on the platform should clearly set out the services offered to limit any confusion.

(b) If the Booking Request is cancelled by a Customer:

(i) prior to 48 hours before the Commencement of the allocated time for the Booking, then the Customer will be issued a full refund, noting we can charge a reasonable cancellation fee in these circumstances, including but not limited to a service fee for credit card charges;
(ii) within 48 hours before the Commencement of the allocated time for the Booking, then the Customer will forfeit the amount paid, unless the Service Provider agrees to re-schedule the Booking at the Service Provider’s discretion.

(d) A Customer may request the Booking time be changed via the online chat Function up to 2 hours prior to start of the allocated Booking. However, the Booking may only be changed if the Service Provider approves the requested change in writing via the chat function on the Spree With Me Site and this is clearly communicated to the Customer.

(e) If either party is more than 20 minutes late to a Booking at an allocated time, it will be viewed as a cancellation.

(f) If a Customer is up to 20 minutes late to a Booking at an allocated time, they may forfeit part of their Booking time, subject to the absolute discretion of the Service Provider.

(g) If a Service Provider is up to 20 minutes late to a Booking at an allocated time, the Service Provider is obligated to provide equivalent make up time to the Customer at the end of the Booking or some other agreed time after the Booking.

(h) If a Booking Request or Spree Contract is frustrated or cancelled due to a force majeure or circumstances outside of the control of either party (such as a natural disaster or emergency), the parties will re-schedule to a mutually convenient time.

(i) If a Customer creates a Disputed Booking (instead of a Completed Booking) at the end of a Booking, upon notification of a Disputed Booking, the Booking is cancelled and the Service Provider and/ or Marketplace Administrator will investigate. In these circumstances, the Customer is not entitled to an automatic refund.

Licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using our Platform to defame, harass, threaten, menace or offend any person;

(d) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using Trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;

(e) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;

(f) using our Platform to find a Customer or Service Provider and then completing a Booking or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;

(g) as a Service Provider:

(i) offering any styling or other services as a Style Maven that you do not intend to honour or cannot provide;
(ii) providing links on any Listing or your Profile or elsewhere on the Platform to your own business web pages, google pages, pages or social media or otherwise enticing Customers away from the Platform, noting this would be a breach of the succeeding clause, “Exclusion of competitors”.

(h) as a Customer, making any offers to Service Providers that you do not intend to offer;

(i) using our Platform to send unsolicited email messages; or

(j) facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Information

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

Subject to any permitted sharing of Content on social media (to which we must be credited as the source), you must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website; or
(3) creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Listings and Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Listings: Subject to any Platform and community rules, Service Providers have the ability to develop their own content and listings and can edit or change it at any time. This includes contents of listings, calendar availability and offered price for a Booking. However, where a Service Provider changes a price, removes a service (spree) or leaves the site, they must notify us.

Consumer Guarantees

(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

(b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Service Providers, Customers, the services offered by our Style Squad or individual Style Maven listings including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free and free from viruses;

(d) the Style Squad will be requested by Customers or that Customers will find desirable services;

(e) the Style Squad Services are of a particular standard of workmanship or meet the Listing description.

You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability; and

(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:

(1) loss of, or damage to, any property, or any injury or loss to any person;

(2) failure or delay in providing the Platform or our services; or

(3) breach of these Terms or any law,

where caused or contributed to by any:

(4) event or circumstance beyond our reasonable control;

(5) a fault , defect, error or omission in your computing environment; or

(6) act or omission of you or your related parties,

(7) and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.

(d) You acknowledge and agree that (i) you use the Platform or our services at your own risk, (ii) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

(e) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

(f) Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

(g) This clause will survive the termination or expiry of these Terms.

Business Partners

We reserve the right to enter into contracts with third party business partners who use the services of Service Providers (Business Partners). In this regard, we may seek to engage Service Providers to provide services to that Business Partner to on-sell to third parties for an increased fee. (For example, we may contract with a retailer to provide 1 day of styling service that the retailer then on-sells in hourly slots for an increased fee).

Note that Business Partners may require the Service Provider to enter into a contract with them and where a Service Provider accepts a task from a Business Partner, the Service Partner agrees to provide the Service to the Business Partner in accordance with any contract between the Business Partner and Service Provider.

Termination

(a) You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform. If you cancel or deactivate your Account as a Service Provider, you must honour all Bookings made prior to your cancellation. If you do not honour any Bookings, your Customers will receive a full refund. If you cancel your Account as a customer, no refunds will be made upon cancellation if there is an outstanding Booking which is less than 48 hours ahead of the time at which you cancel your account.

(b) At our sole discretion, we may suspend your Account or terminate these Terms immediately if:

(i) you are in material breach of these Terms, any applicable laws, regulations or third party rights;

(ii) as a Service Provider your Listings or services at any time fail to meet any applicable quality or eligibility criteria, or

(iii) you have received poor Reviews or Ratings or we have received complaints about you including due to repeated cancellations of Bookings.

(c) If we suspend your Account or terminate these Terms, we will cancel any existing Bookings and in the case of a Service Provider breach, refund the relevant Customers, and in the case of a Customer breach, you will lose any amounts paid.

Disputes: We encourage Service Providers and Customers to attempt to resolve disputes (including claims for returns or refunds) with other users directly, using the Refund and Cancellation Rules in these Terms and Conditions as a guide.

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. Spree With Me will not be part of any Dispute or any litigation arising from a Dispute and will retain any service fees paid previously with respect to a disputed matter.

Insurance

We recommend that Service Providers obtain appropriate insurance for supplying their services. If you are a Service Provider and you obtain an insurance policy, we suggest you review any relevant insurance documentation 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. For clarity, note that we are an introduction platform only and we do not enter into the agreements between Service Providers and Customers. To this end, Service Providers must obtain and rely upon their own insurance.

Bookings

Individual Bookings: Most listings on the Platform are for individuals only (Individual Booking). For an Individual Booking, a Customer may not bring a friend if the Listing specifically states it is an Individual Booking, or for one person.

Group Bookings: Group classes or group bookings or Listings which specifically state additional people may join in are for more than one person (Group Booking). When making a Group Booking, it is advisable that a Customer purchases additional time so that all members of the Group (which may be limited as per the Listing) can benefit by making your most of their time with the Service Provider. If a Customer wishes to make a Group Booking, Customers should raise this with their proposed Service Provider in advance, noting the ultimate agreement is between the Customer and the Service Provider.

Time changes: Booking times cannot be changed unless both parties in writing, via the messaging function on our Platform, approve them. Note Customers may forfeit a portion of their allotted time if they are late to a Booking.

Transportation: For your safety we recommend Customers and Service Providers do not travel together in their respective private vehicles. If they do, we do not have any liability for any accident or similar that occurs. Our recommended mode of transport, if the parties must travel together, is a ride share or public transport. Service Providers should disclose any need to travel on the Spree listing and any ride share or public transport costs should be embedded in the total cost on the platform listing.

Calendar: We use our reasonable commercial endeavours to keep our calendar up to date. However, we cannot guarantee that the Service Provider a Customer chooses is available at a particular day or time (particularly where two bookings come in at once).

Public Holidays: We do not accept or make bookings for Public Holidays.

Minimum Time Requirement: Customers must honour the minimum time requirement as listed on the Booking to minimise the chance of a Booking being rejected.

General

Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to use the Platform after such modification or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform. We suggest you check our website regularly to ensure you are aware of the current terms. We do not undertake to keep our website up to date and we are not liable if any content is inaccurate or out of date.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: The laws of Queensland govern your use of our Platform and these Terms. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

The Platform and our website may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access the Platform and our website.

For any questions and notices, please contact us at:

Imogene Whittle trading as Spree with Me [ABN 90 309 304 205]

Email: hello@spreewithme.com

Last update: 9 August 2019

Appendix A: Model Spree Contract

A Spree Contract is created in accordance with the Spree with me Platform Terms and Conditions. Unless otherwise agreed, the Customer and the Service Provider enter into a Spree Contract on the following terms (using the same definitions specified in the Platform Terms and Conditions):

Item 1: Start Date

The Spree Contract is created when the Services Provider accepts the Customer’s offer to purchase a Booking from the Services Provider’s Listing on the Platform.

Item 2: Term

The Spree Contract will continue until it is terminated by one of the methods specified in Item 9 of this Spree Contract.

Item 3: Scope of Services

(a) The Service Provider will perform the services in a professional way, exercising due care and skill at the location agreed by the Parties in the Booking created on the Platform.

(b) The Customer and the Service Provider must perform their obligations under this Spree Contract in accordance with any other terms or conditions agreed by the parties during the creation of the Spree Contract, including any agreements made via the messaging function on the Platform.

(c) Both parties acknowledge that the Spree Contract is a personal service contract and as such the Service Provider is not able to subcontract any part of the Spree Contract to a third party unless the Customer consents in writing. If the Service Provider subcontracts the Spree Contract with the Customer’s consent, the Service Provider remains liable for any acts or omissions of the third party subcontractor.

Item 4: Warranties

Each party warrants that the information provided in the creation of this Spree Contract is true and accurate.

Item 5: Payment or Cancellation

The parties agree:

(a) upon the creation of the Spree Contract, the Customer must pay the agreed price for the Services, specified in the Service Provider’s Listing into the account operated by a third party payment provider that is linked to the Platform.

(b) once a Booking has been completed (Completed Booking), the Service Provider will provide notice to the Platform and the Customer will be prompted by the Platform to confirm the services are complete and that this Spree Contract is at an end.

(c) once the Completed Booking is confirmed on the Platform, the Customer’s funds will be released to the Service Provider by the Platform, less any Service Fee agreed between the Service Provider and the Platform.

(d) If the parties agree to cancel the Spree Contract, or the Customer is unable to contact the Service Provider to perform the Spree Contract, the Customer’s funds held with the third party payment provider will be returned to the Customer.

Item 6: Limitation of Liability

To the extent permitted by law, the Service Provider shall not be liable for any indirect or consequential damage or loss for any defect or malfunction in goods purchased at the recommendation of the Service Provider to the Customer, whether or not such indirect or consequential loss was or ought to have been foreseeable by the Service Provider. The Customer must claim any such loss against the retailer and/or manufacturer where the goods were purchased.

Item 7: Disputes

If a dispute arises with respect to this Spree Contract (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Item 8: Discounts must be passed on the Customer

If a Service Provider is entitled to any commission or discount from a third party retailer as a result of taking a Customer to that third party retailer to shop, any discount to which the Service Provider is entitled must be passed on to the Customer in full.

Item 9: Termination of Contract

The Spree Contract will terminate (end) when:

(a) the services are completed (Completed Booking) and the agreed price paid by the Customer is released to the Service Provider less the Service Fee payable to the Platform;

(b) a party is terminated or suspended from the Platform at the election of the other party;

(d) notified by the Platform in accordance with the Terms and Conditions that the Spree Contract is at an end.

Item 10: Governing Law

The laws of the jurisdiction govern the Spree Contract where the Booking was posted on the Platform.

[Last update: 9 August 2019]