Terms of Use

The Blys terms outline Blys’ and Your obligations and responsibilities on the Blys Platform.

Please read these terms and all Policies including the Client Standards (see below), Community Guidelines and Privacy Policy carefully before using the Blys Platform.

Background

1. Blys is a technology services provider that operates an online platform that connects you and a Service Provider.
2. The Platform enables you to request and book a Service Provider to provide a Wellness Service.
3. Each Service Provider is in the business of providing Wellness Services and has entered into a licence agreement with Blys to access and use the Platform in order to connect with you and other users of the Platform.
4. The Platform is intended solely for persons who are 18 years of age or older. By accessing or using the Platform you represent and warrant that you are 18 or older.
5. These Terms govern your use of the Platform including the software, Mobile Application and the Website, and forms a binding contractual agreement between you and Blys, under which Blys agrees to provide you with access to the Platform and you agree to the obligations in these Terms.
6. For that reason these Terms are important and you should ensure that the Terms are read carefully.  By using the Platform you acknowledge and agree that you have had sufficient chances to read and understand the Terms and agree to be bound by them. If you do not agree to the Terms, you must not use the Platform in any way.

Client Standards

Treat everyone with Respect

The Blys platform gives you access to a community offering professional services with agreed treatment plans by recognised Providers. There is no tolerance for inappropriate behaviour on behalf of Providers or clients.

Clear treatment / service plan explained for every appointment

• Treatment / service must be within the registered (booked) service scope (& providers qualification)
• A treatment / service plan will be explained to you and you must give Informed consent
• You can revoke your consent at any time for any reason

Understanding Informed Consent

• Understand and consent to treatment / service prior to any appointment starting
• Consent is voluntarily and freely given
  • Legally (you are not underage, you are able to consent, you understand the proposed treatment)
  • Consciously (not asleep / impaired /understood)
• Consent can be revoked at any stage

Zero Tolerance

• Provider safety
  • You should not make the Provider feel uncomfortable with inappropriate comments or behaviour including:
    • Verbal; comments on appearance, perceived gender identity or personal identity, unrelated personal questions, jokes or banter
    • Non-verbal; include gestures, winks, inappropriate touch (non-clinical)
    • inappropriate exposure or disrobing
  • No intimate relationships are acceptable within the Blys interaction

• Your safety
  • A Provider should not touch a client’s body part that is considered personal or sensitive
  • A Provider should not touch the breast area regardless of gender (unless explicit written consent with informed therapeutic assessment and agreed treatment plan is obtained prior to commencement)
  • If you are not confident that you fully understand the treatment / service or not comfortable to continue – do not begin the treatment / service
  • Immediately cease treatment / service in the event a Provider initiates inappropriate behaviour
  • If at any time you don’t feel safe, you should cease treatment and ask the Provider to leave (or call 000 for an emergency situation)
  • Report any of these incidents via the BLYS platform
  • Consequences for any breaches will be enacted immediately

Other Inappropriate conduct that Blys has Zero Tolerance for 

• Aggressive, confronting, and harassing behaviour is not allowed. Do not use any language or make gestures that could be interpreted as disrespectful, rude or threatening.
• Discrimination. Blys does not tolerate any behaviour that discriminates against someone based on personal traits, this could include age, disability, gender identity, marital status, national origin, race, religion, political orientation, or personal identity.
• Ongoing contact – outside the Blys platform
• Wilful property damage (from either client or provider) is never allowed. Accidental property damage may result in repair/ cleaning fees, all incidents must be reported to Blys.

Terms of Use

1. Blys grants to you a revocable, non-exclusive, non-transferable licence to:
   1. use and access the Platform on your personal device solely for the permitted use of making Booking Requests on these Terms.
   2. view the Website and the Mobile Application;
   3. print pages from the Website and the Mobile Application in its original form; and
   4. download any material from the Website and Mobile Application for caching purposes only.
2. You acknowledge and agree that:
   1. Blys does not employ the Service Providers;
   2. Blys does not offer to or provide, perform or conduct Wellness Services nor does it act as an agent or broker for the Service Provider;
   3. Blys does not participate in the interaction between you and the Service Provider except to the extent necessary to provide the Platform and the Support to facilitate the interaction, including the invoicing and processing of the Service Fee from behalf of Service Providers;
   4. any Third Party Sites are not controlled by Blys and do not form part of the Platform. You agree that you will not hold Blys liable or in any way accountable for anything that occurs on any Third Party Site; and
   5. you enter into these Terms and use the Platform entirely at your own risk.

Term

1. These Terms commence on the date you access and use the Platform.
2. Blys periodically reviews the Terms and reserves the right to amend the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website and Mobile Application, regularly as any changes to the Terms take immediate effect from the date of the publication on the Website and Mobile Application. The continued access and use of the Platform constitutes your consent to be bound by these Terms, as amended from time to time.
3. These Terms continue in force unless and until terminated in accordance with these Terms.

Personal Information & User Profile

1. To make a Booking Request, you must create and register a User Profile in the manner described on the Platform.
2. You will be issued with a username and password which will be linked to your User Profile. The username and password are personal to you and are not transferable.
3. You are responsible for all information posted on or transmitted via the Booking System by anyone using your username and password and any payments due for the Wellness Service acquired through the Booking System by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.
4. You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms.
5. You acknowledge and agree that all information supplied by you in using the Platforms and the Booking System will be true and accurate at all times.
6. Blys may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.

Booking System

1. You must use the Booking System to make a Booking Request.
2. Once you have submitted the Booking Request Details on the Platform, the Booking Request Details will be made available to a Specific Service Provider, or to a group of Service Providers on the Blys Network where an available Service Provider can view and then accept the Booking Request.
3. On acceptance of a Booking Request, the Platform will:
   1. send a Notification confirming your Booking;
   2. deduct the Service Fee and Platform Fee from the Payment Method registered on the User Profile; and
   3. send on completion;
      1. on behalf of the Service Provider, a tax invoice / receipt for the Service Fee to your email address registered on the User Profile,
      2. on behalf of the Blys, a tax invoice / receipt for the Platform Fee to your email address registered on the User Profile.
4. The Service Fee is the amount specified on the Platform for the Wellness Service and is determined by a variety of factors such as the type of the Wellness Service, Booking Length, location of the Property, and booking date and time..
5. You acknowledge that the Service Fee or the Platform Fee may be subject to change from time to time and Blys is under no obligation to notify you of the change.
6. The Platform provides you with a function to make a Direct Booking Request or a Rebooking Request for a Specific Service Provider however this is subject to the availability of the Specific Service Provider.
   1. If the Specific Service Provider is unavailable, upon your approval, your Rebooking Request will convert into an ordinary Booking Request and processed in accordance with this clause 6.
   2. If the accepted Service Provider Abandons the Booking, the Platform will aim to locate an alternative Service Provider for the Booking.  If an alternative Service Provider cannot be arranged, you will receive a Notification notifying you that there is no available Service Provider and a new booking time and date is to be made on the Platform.
   3. You will receive a refund of the Service Fee and the Platform Fee if a new booking date and time cannot be confirmed by another provider on the Platform.
7. On some occasions, if and when, deemed necessary by Blys, Blys may accept booking requests over the phone. When the Booking Request is received over the phone, the payment by the client must be made in full, with a valid Payment Method on the User Profile or over the phone, and within a specific period of time after the Service Provider has accepted the Booking Request.  Failing to do so may result in Blys cancelling the Booking.
8. You acknowledge and agree that:
   1. Blys is not a party to any agreement made between you and the Service Provider;
   2. Blys has no control over and is not responsible for the actions or omissions of the Service Provider or any other users of the Platform;
   3. you are not permitted to engage the Wellness Service of a Service Provider other than through the use of the Platform;
   4. the Platform is to be used by you for the purpose of making a Booking Request, and for no other purposes;
   5. any speculative, false or fraudulent Booking Request is prohibited;
   6. the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorised to act; and
   7. abuse of the Booking System may result in you being denied access to the Platform.
9. Blys is entitled, at its discretion:
   1. to stop making the Platform available to you without notice, and without providing any reason; and
   2. to add, change or withdraw functions available on the Platform.

Payment

1. You agree that at the time of your first Booking, or when you add an additional Payment Method, your payment details will be transferred to Blys’ secure payment gateway.
2. Upon the acceptance of a Booking Request by a Service Provider, Blys will take, the Booking Fee pursuant to the Booking. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
3. If you are making a recurring Booking, Blys will take the initial Booking Fee immediately, and all recurring payments 3 days before the anniversaries of the initial payment. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
4. Blys will hold the Service Fee on behalf of the Service Provider until Blys:
   1. accounts the Service Fee to the Service Provider; or
   2. pays a refund to you (if you are entitled to a refund).
5. If you are entitled to a refund of the Service Fee and/or the Platform Fee, Blys will aim to process the refund within 48 hours of the right to the refund arising.

Changes and Cancellations

1. As part of the agreement between Blys and the Service Provider, Blys, on behalf of the Service Provider for the relevant Booking, will:
   1. allow you to make changes to the Booking, or cancel the Booking with a refund of the Service Fee, provided that such amendment or cancellation is made:
      1. more than twenty-four (24) hours before the scheduled Booking.
   2. charge you a cancellation fee equivalent to fifty percent (50%) of the value of the relevant Service Fee if you cancel or amend the Booking:
      1. less than twenty four (24) hours before the scheduled Booking but with at least four (4) hours’ notice; and,
      2. the Service Provider who accepted your booking request did not approve your change request.
   3. charge you a cancellation fee equivalent (100%) to the relevant Service Fee if the Service Provider who accepted your booking request did not respond to or approve your change request, and;
      1. you cancel or amend the Booking less than four (4) hours before the scheduled Booking; or
      2. the Service Provider is already “on the way” to the scheduled Booking, has arrived or has started the session; or
      3. you are more than 20 minutes late or do not show up to your scheduled Booking within 20 minutes after the scheduled start time; or
      4. you have not provided or arranged access for the Service Provider to the Booking location, or
      5. you have not indicated at the time of placing your booking request any pre-existing conditions, injuries or allergies which would be considered as contra-indications. or
      6. you have not provided a safe working environment for the Service Provider, including but not limited to being intoxicated and displaying antisocial behaviour toward the Service providers or others in the Booking location, or having the Booking location unhygienic and present safety and health risk for the Service Provider.
2. Unlike Service Fees, Platform Fee is non-refundable. Blys keeps the full (100%) of the relevant Platform Fee for all confirmed bookings if you cancel the booking after it has been accepted by a Service Provider, irrespective of the scheduled Booking time.
3. All Bookings paid with Afterpay payment option accrue a cancellation fee equivalent to six percent (6%) of the value of the relevant Service Fee if you cancel or amend the Booking irrespective of the scheduled Booking time.
4. All confirmed Group bookings (including but not limited to bookings for offices / teams, events, and other groups) will be subject to 10% of the Booking Fee, payable by you to Blys, if cancelled after Booking Request being accepted. Additionally, the following will also apply:
   1. 48 – 72 hours prior to scheduled Booking start time = 20%,
   2. 24 – 48 hours prior to scheduled Booking start time = 50%,
   3. 24 hours prior to scheduled Booking start time = 100%.
5. The following will occur if the Service Provider is unable to fulfil a scheduled Booking (in full or part):
   1. the Booking Request Details will be re-loaded onto the Platform and sent to the Blys Network in an attempt to find a replacement Service Provider;
   2. if a replacement Service Provider cannot be located on the Blys Network, you will be prompted to enter a new time and date for the Booking Request;
   3. if there is no suitable time and date, you will be given the option to cancel the Booking and a refund will be made to your payment method registered on the User Profile.

Wellness Service

1. Blys does not make any representations as to:
   1. the safety or quality of the Wellness Service provided by the Service Provider; or
   2. the safety or quality of the Equipment used by the Service Provider during the Wellness Service; or
   3. the condition or description of any products used by the Service Provider during the Wellness Service.
2. Any issues regarding safety, quality, condition or description will be sent to Blys through the Platform and passed onto the Service Provider that completed the Booking.
3. The Wellness Services offered by the Service Providers on the Platform are strictly therapeutic. Any suggestions or comments by you that are in inappropriate nature before, during or after the Booking, will result in termination of the Booking and suspension of your account in accordance with clause 10 of this document with no refund, and will be reported to authorities as a matter of harassment.
4. Blys does not give any warranty or make any representation that the Service Providers have approved qualifications to be a Service Provider, however each Service Provider must complete an approved Onboarding process to receive access to the Platform and can be removed from the Blys Network at any time.

Gift Vouchers

1. Blys Gift Vouchers can be purchased from the Blys website, or from 3rd party retailers that Blys has agreements with.
2. Blys Gift Vouchers can be redeemed at checkout on the Blys website, Blys mobile app, or over email or phone via the Blys Customer Support Team.
3. Blys offers a seven day cancellation policy on all purchased Gift Vouchers providing they haven’t been redeemed yet. Blys Gift Vouchers can be cancelled by contacting the Blys Customer Support Team and quoting the voucher code.
4. Unless otherwise stated and except for limited-time promotional offers, all Blys Gift Vouchers are valid for 3 years from the date of purchase.
5. Unused Gift Voucher amounts are converted to store credit to be used on the Blys platform in future. Unused Gift Vouchers are not paid back to the purchaser.
6. It’s the purchaser’s sole responsibility to ensure the recipient can redeem the voucher. For example, the recipient must be located in a location where Blys operates.

Termination

1. Blys may at its discretion terminate your use of, or access to, the Platform at any time.
2. If your use of the Platform is terminated:
   1. you will no longer be authorised to access the Platform or use any other services or products owned by Blys;
   2. the email address you used to register with the Platform or any other email address you possess will not be authorised to access the Platform or any other services or products owned by Blys;
   3. you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
   4. all licences granted to you and all disclaimers by Blys and limitations of Blys’ liability set out in the Terms or elsewhere on the Platforms will survive termination.
3. You may terminate these Terms at any time by emailing Blys at hello@getblys.com. Blys will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.
4. Blys reserves the right to deduct any outstanding fees and charges owing to Blys and/or the Service Provider on your User Profile prior to disabling your User Profile.

Dispute Resolution

You acknowledge and agree that:

1. any Dispute between you and a Service Provider concerning the Wellness Service carried out by the Service Provider are directly between you and the Service Provider;
2. Blys is not a party to any Dispute between you and a Service Provider;
3. Blys is under no obligation to mediate any Dispute between you and the Service Provider however Blys will endeavour to assist where necessary to mediate any Dispute between you and a Service Provider;
4. you will be required to pay or reimburse any legal fees incurred by Blys as a result of having to mediate any Dispute between you and a Service Provider.

Security of Payment

1. We have taken all practical steps from both a technical and systems perspective to ensure that the payment details registered on the User Profile are well protected.
2. A secure payment gateway is used to process all transactions and credit card details.
3. Blys does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.

Referral Program (“Invite A Friend”)

1. The Blys Referral Program (also known as ‘Invite A Friend’) allows registered Blys users to earn store credits by referring friends to Blys. Blys store credits are “points” that may be applied as credits toward future payments. To participate, a user must sign up to Blys, which means the user accepts Blys’s Terms as outlined in this page.
2. Users can earn store credits towards future Blys bookings if (i) a referred friend clicks on their referral link or uses the referrer’s unique referral code to create a valid Blys account that complies with our Terms; and (ii) the referred friend completes a treatment booked through Blys. The referring user will be credited with the store credit amount described in the accompanying promotional materials or page for every new user she/he refers to Blys. For example, if the referring user invites five friends and all five of them sign up to Blys and completes a booking, the referring user will receive $100 store credits (i.e. five times $20).
3. A user’s total store credits will automatically appear as a coupon on the checkout page, and will be applied in full to the total balance. Store credits can be combined with additional coupons or promo codes. Store credits may not be transferred or exchanged for any cash or money. Store credits can only be applied for bookings and gift voucher purchases, and not for purchases from the Blys Merchandise Store. Store credits may not be earned by creating multiple Blys accounts. Store credits accrued in multiple accounts may not be combined into one account.
4. Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites).
5. Referred friends that have signed up using a valid referral link or code will also receive a store credit toward their first booking on Blys. The standard store credit is AUD $10, but may vary in some cases if the referred friend signed up or booked as part of a special promotion. Varying credit amounts and additional terms will be shown in the referral invitation or accompanying promotional materials or pages.
6. A referred friend may only use one referral link or code. If a referred friend receives referral links or codes from multiple Blys users, only the corresponding user of the referral link or code used by the referred friend will receive store credit.

Privacy

1. In this clause Personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably ascertained, from the information or opinion.
2. The Platform collects and stores Personal Information you enter into the User Profile. Personal Information collected on the Platform will be maintained in accordance with our Privacy Policy available on the www.getblys.com/privacy.
3. You agree that the Platform will disclose your Personal Information, including your name and address to the Service Provider in order for the Service Provider to complete the Booking.
4. You must abide by all relevant Australian Privacy Principles set out in the Privacy Act 1998 in their collection, use, disclosure and storage of Personal Information.

Intellectual Property

1. Nothing in these Terms constitutes a transfer of any Intellectual Property Rights on the Site Content. You acknowledge and agree that, as between you and us, we own all Intellectual Property Rights on the Site Content, the Platform, the Website and the Mobile Application.
2. By posting or adding any content onto the Platform, the Website or the Mobile Application you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
3. The Site Content is protected by copyright and Blys reserves all Intellectual Property Rights which may subsist in the Site Content and the Platform.
4. You must not, without Blys’ prior written consent which may be withheld at its absolute discretion:
   1. copy, republish, reproduce, duplicate or extract Site Content;
   2. redistribute, sell, rent or licence any Site Content; or
   3. edit, modify or vary the Site Content.

Acceptable Use

1. You must not use, or cause the Platform to be used, in any way which:
   1. breaches any of these Terms;
   2. infringes Blys’ or any third party’s Intellectual Property Rights;
   3. is fraudulent, illegal or unlawful; or
   4. causes impairment of the availability or accessibility of the Platforms.
2. You must not use, or cause this Platform to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
   1. spyware;
   2. computer viruses;
   3. Trojans;
   4. worms;
   5. keystroke loggers; or
   6. any other malicious computer software.
3. You are solely responsible for compliance with any and all laws, rules, regulations, health and safety requirements (including but not limited to your local Coronavirus directives) and Tax obligations that may apply to your use of the Platform. In connection with your use of the Platform, you will not assist or enable others to:
   1. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies or standards;
   2. use the Platform or collect the contents on the Platform for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Blys endorsement, partnership or otherwise misleads others as to your affiliation with Blys;
   3. copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Platform in any way that is inconsistent with Blys’ Privacy Policy or these Terms or that otherwise violates the privacy rights of any user of the Platform or third parties;
   4. use the Platform in connection with the distribution of unsolicited commercial messages;
   5. contact another User for any purpose other than asking a question related to your Booking, Service Provider, or User, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
   6. use the Platform to request, make or accept a booking independent of the Platform, to circumvent any Service Fee or for any other reason;
   7. request, accept or make any payment for Wellness Services outside of the Platform. If you do so, you acknowledge and agree that you:
      1. would be in breach of these Terms;
      2. accept all risks and responsibility for such payment made outside of the Platform; and
      3. hold Blys harmless from any liability for such payment
   8. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or personal identity, or otherwise engage in any abusive or disruptive behavior;
   9. use, display, mirror or frame the Platform or collect the contents on the Platform, or any individual element within the Platform, Blys’ name, any Blys trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Blys platform, without Blys’ express written consent;
   10. dilute, tarnish or otherwise harm the Blys brand in any way, including through unauthorised use of the content on the Platform, registering and/or using Blys or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Blys domains, trademarks, taglines, promotional campaigns;
   11. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
   12. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Blys or any Service Provider or any other third party to protect the Blys platform;
   13. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
   14. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform.

Indemnity and Liability

• General Indemnity
  • You agree to indemnify Blys, on demand, against any claim, action, damage, Loss, liability, cost, charge, expense or payment which Blys may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of these Terms.

• General Limitation of Liability
  • We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents or use of or reliance on Site Content or otherwise in connection with the Platform.

• Wellness Services Liability
  • To the extent permitted by law, Blys will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) the Wellness Service.
• Information Accuracy
  • You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by us, you or other users of the Platform or Website, and that Blys does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
• Acceptance
  • By using this Platform, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are reasonable.

Warranties and Representations

1. The use of this Platform is at your own risk. The Site Content and everything from the Platform is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.
2. None of Blys’ affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Site Content or Platform.

General Provisions

1. Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
2. Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
3. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
4. These Terms shall be governed by and construed in accordance with the law for the time being applicable to New South Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.

If you’re a service provider using the Blys platform, please refer to the Software Licence Agreement.