If you are a practitioner advertised on the Website, you also agree to be bound by our Practitioner Terms.
1. Defined Terms
1.1 For ease of reference the following terms shall have the following meanings in these Booking Terms:
1.1.1 “Customer”, “you” and “your” means you, the buyer of any Services;
1.1.2 “Booking” means an appointment at a specific time/date with a particular Partner for the provision of Services whether made via the Website or Widget;
1.1.3 “Booking Cut-off Time” means a time period before the Service is due to be provided (generally 48 hours or as otherwise set by the relevant Partner and displayed to you during the process of making a Booking through the Website or Widget) during which you will be unable to change or cancel your Booking;
1.1.4 “Order” has the meaning given in section 3.1 below;
1.1.5 ” Order Confirmation” has the meaning given in section 3.2 below;
1.1.6 “Partner” means our selected third party providers of goods and services who offer their goods and services for sale via our Website or Widget;
1.1.7 “Services” means any products, goods and/or services of a Partner offered for purchase or booking via the Website or Widget;
1.1.8 “Widget” means the web interface owned and provided by Peregian Blue which the Partner may embed on its own website and/or social media channel(s), and through which Customers can make Widget Bookings; and
1.1.9 “Widget Booking” means a Booking booked and purchased online directly with the Partner via the Widget.
2.1 This Website and Widget is operated by Nabooki Services Pty Ltd ACN 631 417 724 of 10/247 David Low Way, Peregian Beach QLD 4573 (referred to as “Peregian Blue “we” or “us” in this document).
2.2 The Website and Widget allow you to book and pay for a broad range of wellness services from a variety of providers (our Partners). Those Services are provided by our Partners and not by us. The provision of the Services booked via our Website or Widget is the responsibility of the Partner which advertises and sells them. When you pay for Services via the Website or Widget your payment will be automatically transferred via PayPal to the relevant Partner.
2.3 All Services available for purchase on the Website or Widget are offered by Peregian Blue on behalf of its Partners. That is, Peregian Blue processes your bookings as a commercial agent for its Partners. Therefore, we are not responsible or liable to you for the actual Services that are booked through the Website or Widget.
3. Orders, Changes and Cancellations
3.1 Once your order is completed through Peregian Blue, you will receive your Order Confirmation. If you require a GST receipt you need to contact the Partner directly.
3.2 If you wish to reschedule your Booking after you have received an Order Confirmation, provided your Booking is not due to take place within the Booking Cut-off Time, then please either do so via the Website, by following the link in your Order Confirmation email or by contacting the Partner directly.
3.3 Please note you cannot reschedule your Booking where your Booking is due to take place within the Booking Cut-off Time. You may contact the Partner directly and it is solely at the Partner’s discretion as to whether they will support rescheduling of a booking in this event.
3.4 If you wish to cancel the Booking, the following cancellation terms apply:
3.4.1 If you cancel a Booking outside of the Booking Cut-Off Time, you will automatically receive a credit to rebook the same Service with the Same Partner at a future time;
3.4.2 If you cancel a Booking within the Booking Cut-Off Time, you will not be eligible to receive a credit.
4.1 All Services shown on the Website or Widget are subject to availability and the images and/or descriptions of the Services on the Website or Widget are for illustrative purposes only and actual Services may vary from those images and/or descriptions. We require our Partners to ensure that all information provided by them for display on their page of the Website or Widget is accurate, complete and not misleading in any way but we cannot verify the information, which they provide to us to describe their business or Services. It will be each Partner’s responsibility to ensure that all of its Services listed on the Website or Widget are available and accurately described.
4.2 If you are a consumer, you have legal rights in relation to Services that are faulty or not as described. Advice about your legal rights is available from the ACCC. Nothing in these Booking Terms will affect these legal rights.
4.3 It is your (or the person receiving the Services) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Partner that might affect or be affected by any Services (for example without limitation, allergy information and health issues).
4.4 Peregian Blue as the booking agent does not endorse or provide validation for the services our Partners provide or qualifications they hold, and you take all responsibility for determining the suitability of the Partner to your personal needs.
5. Resolving Issues
5.1 We care about your experience and want to ensure we maintain the highest standards possible and so if you would like to make a complaint about one of our Partners or their Services, please either:
5.1.1 speak to the Partner yourself to try and resolve the issue;
5.1.2 leave an honest review via the Website to reflect your experience; and/or
5.1.3 email us at email@example.com and we will do our best to facilitate the resolution.
5.2 PLEASE NOTE: WHILE WE TAKE ALL COMPLAINTS ABOUT OUR PARTNERS VERY SERIOUSLY AND WILL ALWAYS DO WHAT WE CAN TO HELP TO RESOLVE ANY ISSUES, WE DO NOT COLLECT THE PAYMENTS AND ARE NOT RESPONSIBLE TO YOU FOR THE SERVICES WHICH THE PARTNERS PROVIDE OR FAIL TO PROVIDE.
6. Price and payment
6.1 Prices are as quoted on the Website or Widget but may be subject to change by Partners at any time (in which case the Website or Widget will be updated accordingly). It is possible that, despite our best efforts, some of the pricing and other information shown for certain Services is incorrect.
6.2 The Partner has full responsibility for accounting for GST on the total value of the Order, where applicable. You will need to contact the Partner direct to obtain a GST invoice, if required.
6.4 Any currency conversion costs or other charges incurred by you in making a payment will be borne by you in addition to the price due to the Partner.
6.5 A promotional or discount code, where available must be entered and applied at the time of booking. It cannot be processed after the booking and payment has been processed.
7. Booking Terms Variations
7.1 We may revise these Booking Terms from time to time in the following circumstances:
7.1.1 if we change the process for accepting payment from you;
7.1.2 if there are changes in relevant laws and regulatory requirements; and/or
7.1.3 if there are any other changes to our business that reasonably mean we need to amend these Booking Terms.
7.2. Every time you order Services via the Website, or via the Widget, the Booking Terms in force at that time (and available for view on the Website and Widget and accepted by you at check-out) will apply. You can find the date on which these Booking Terms were last updated at the bottom of this page.
8. Representation and Warranties
You represent and warrant to us that:
8.1.1 you are at least eighteen (18) years of age;
8.1.2 you are eligible to use the Website or the Widget and have the right, power, and ability to enter into a binding contract;
8.1.3 the name identified by you when you registered is your name or business name;
8.1.4 you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including any applicable tax laws and regulations;
8.1.5 you will not use the Website or the Widget, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Website or the Widget; and
8.1.6 your use of the Website or the Widget will be in compliance with these Booking Terms.
9. Disclaimer of Warranties and Conditions
9.1 You expressly understand and agree that the website is provided on “as is” and “as available” basis and your use thereof is at your own risk. To the maximum extent permitted by applicable law, the website and the widget are provided without warranties of any kind, whether express or implied. We, our officers, directors, employees, agents and assigns, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of quality, merchantability, fitness for a particular purpose, title and non-infringement. Without limiting the foregoing, Peregian Blue, its processors, its processors, its providers, its licensors (and their respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that any content or information provided through the website, including, without limitation, any business listings, or ratings, reviews or metrics found on, used on, or made available through the website, is accurate, reliable or correct; that the website will meet your requirements; that the website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected or that the website is free of viruses or other harmful components.
9.2 You acknowledge and agree that Peregian Blue is not liable to you for any loss or damage that might arise, for example, from the website’s inoperability, unavailability or security vulnerabilities, or from your reliance on the quality, accuracy, or reliability of any content displayed, promoted, downloaded or otherwise made available through use of the website, including, without limitation, any business listings, Services listings, ratings, reviews or metrics found on, used on, or made available through the website or widget. We assume no responsibility for functionality, which is dependent on your browser or other third party software to operate. We do not warrant that any information (or messages) transmitted via the website, email or sms will be transmitted accurately, reliably, in a timely manner or at all. Your sole and exclusive right and remedy in case of dissatisfaction with the website, or the content or services made available through the website shall be your termination and discontinuation of access to, or use of the website.
9.3 Peregian Blue does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or service, or featured in any banner or other advertising, and Peregian Blue will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
10. Limitation of liability
10.1 You understand and agree that, to the maximum extent permitted by applicable law, in no event shall Peregian Blue its processors, its suppliers, or its licensors (or their respective affiliates, agents, directors, and employees) be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the website.
10.2 Under no circumstances will Peregian Blue be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access or use of the website, your Peregian Blue account, or the information contained therein. To the maximum extent permitted by applicable law, Peregian Blue, its processors, its suppliers, and its licensors (and their respective affiliates, agents, directors, and employees) assume no liability or responsibility for any
(i) errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the website;
(iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein;
(iv) any interruption or cessation of transmission to or from the website; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the website by any third party;
(vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the website; and/or
(vii) user content or the defamatory, offensive, or illegal conduct of any third party.
10. 3 In no event shall Peregian Blue, its processors, agents, suppliers, or licensors (or their respective affiliates, agents, directors, and employees) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding $300. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Peregian Blue has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
10.4 The website is controlled and operated from facilities in Australia. Peregian Blue makes no representations that the website is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Australian and local laws and regulations, including but not limited to export and import regulations.
11.1 All communications and notices from you must be sent to Peregian Blue by email at firstname.lastname@example.org or by post to Peregian Blue, 10/247 David Low Way, Peregian Beach , QLD 4573. Peregian Blue may communicate and give notice to you via email or by posting notices on the Website or Widget.
11.2 Please note our customer support hours are: 9am-5pm Monday to Friday. We are not available on Australian public holidays.
11.3 If any of these Booking Terms are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.4 These Booking Terms will be governed by and construed in accordance with the laws of Queensland. You and we each agree that the Queensland courts will have non-exclusive jurisdiction over any claim or dispute or non-contractual obligation arising from, or related to, the ordering and/or supply of Services via the Website or Widget.
11.5 Last update: 27 July 2021.