The Blys terms outline Blys’ and Your obligations and responsibilities on the Blys Platform.
- Blys is a technology services provider that operates a venue that connects you and a Service Provider.
- The Platform enables you to request and book a Service Provider to provide a Wellness Service.
- 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.
- 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.
- 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.
- 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.
In these Terms:
Abandons the Booking means a decision made by the Service Provider to cancel a Booking the Service Provider can no longer attend by clicking the “Abandon Booking” function on the Platform.
Blys or we or us means Get Blys Pty Ltd ACN 611 428 927.
Booking means an accepted Booking Request (which can be extended by you after the Service Provider has accepted the Booking Request) for the provision of the Wellness Service which has been processed on the Platform and communicated to the Service Provider via the Platform.
Booking Confirmation is a Notification sent to you confirming a Booking.
Booking Request means a booking request made by you through the Platform.
Booking Request Details means the details you have entered into the Booking Request including the details of the Property, the requested time and date of the Wellness Service, the type of Wellness Service required, the preferred gender of the Service Provider, preferred Booking Time and your contact details.
Booking System means the online booking system on the Platform used to make a Booking Request in accordance with clause 6 of this document.
Blys Network means the database of Service Providers located on the Platform.
Dispute means a dispute, controversy or claim arising out of or in connection with these Terms.
GST means Goods and Services Tax pursuant to A New Tax System (Goods & Services Tax) Act 1999 (Cth) and the related imposition Act of the Commonwealth.
Intellectual Property Rights means all present and future rights anywhere in the world conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions, confidential information, trade secrets and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.
Losses mean any and all actions, claims, proceedings, judgments, demands, liabilities, losses, costs (including reasonable legal costs), expenses, penalties, fines and damages which may be brought or awarded against Blys or suffered, incurred or paid by Blys (howsoever arising) in respect of, arising out of or in connection with the Wellness Services provided by that Service Provider (or any of the Service Providers’ employees or agents), a violation of any law by the Service Provider, or a breach of the terms, conditions, covenants, warranties and representations (express or implied) contained in these Terms on the part of the Service Provider (or any of the Service Provider’s employees or agents) and include loss of data, interruption of business or any consequential or incidental damages.
Equipment means equipment required by the Service Provider to complete the Wellness Service, such equipment includes but not limited to, a massage table, massage oils, relaxing music and towels.
Service Fee means the amount inclusive of GST displayed on the Platform as being payable by you on the acceptance of a Booking Request which can be subject to change if you extend the Booking Time of the Wellness Services.
Wellness Services means the services provided as part of massage therapy, beauty therapy and other therapeutic or allied health treatments, including but not limited to remedial massage, sports massage, Swedish / relaxation massage and pregnancy massage provided by a Service Provider in accordance with these Terms.
Booking Length means the length of the Wellness Services requested by you in the Booking Request.
Mobile Application means the apple or android app titled ‘Blys’ owned by Blys.
Notification means an electronic notification sent to the email address or mobile phone number registered on the User Profile. You acknowledge that it is your responsibility to ensure that the contact details you provided are accurate and up to date.
Onboarding means the registration process on the Platform.
Payment Method means a direct bank transfer, debit card, credit card, PayPal, ApplePay or Afterpay.
Platform means the suite of software applications including the Support that enables you to book a Service Provider offered via the Mobile Application or the Website.
Property means the location chosen by you for the Service Provider to provide the Wellness Service.
Rebooking Request means a Booking Request made by you offered to a Specific Service Provider.
Site Content means all material, content and information made available on the Platform and/or Blys’ official social media accounts, including but not limited to feedback, reviews and ratings provided by you, users of the Platform or Website and Service Providers, any written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression.
SpecificService Provider means a specific Service Provider you have used before as requested in a Rebooking Request.
Support means the technical support, resources and information, payment and maintenance services for the Platform and updates to the Platform software that Blys may make generally available to you and the Service Provider.
Terms means the terms and conditions set out in this document.
Tax means income tax, payroll tax, stamp duty, GST, superannuation and all other applicable taxes.
Service Provider means an individual (including a person trading under a business name), approved by Blys to use the Platform.
Third Party Site means any hyperlink or other redirection tools taking the User to other websites operated by third parties that appear on the Website or Mobile applications.
User or you or your means a person who uses the Platform.
User Profile means a profile created on the Platform by you and includes your name, address, phone number, gender and credit card details.
Website means the website at the domain name https://getblys.com.au/ (or such other domain names as Blys may use in relation to the Business from time to time).
- Blys grants to you a revocable, non-exclusive, non-transferable licence to:
- use and access the Platform on your personal device solely for the permitted use of making Booking Requests on these Terms.
- view the Website and the Mobile Application;
- print pages from the Website and the Mobile Application in its original form; and
- download any material from the Website and Mobile Application for caching purposes only.
- You acknowledge and agree that:
- Blys does not employ the Service Providers;
- 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;
- 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;
- 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
- you enter into these Terms and use the Platform entirely at your own risk.
- These Terms commence on the date you access and use the Platform.
- 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.
- These Terms continue in force unless and until terminated in accordance with these Terms.
Personal Information & User Profile
- To make a Booking Request, you must create and register a User Profile in the manner described on the Platform.
- 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.
- 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.
- 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.
- 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.
- Blys may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.
- You must use the Booking System to make a Booking Request.
- Once you have submitted the Booking Request Details on the Platform, the Booking Request Details will be made available on the Blys Network where an available Service Provider can view and then accept the Booking Request.
- On acceptance of a Booking Request, the Platform will:
- send a Notification confirming your Booking;
- deduct the Service Fee from the Payment Method registered on the User Profile; and
- send on completion, on behalf of the Service Provider, a tax invoice/receipt to your email address registered on the User Profile.
- The Service Fee is the amount specified on the Platform for the Wellness Service and is determined by the Booking Length and location of the Property.
- You acknowledge that the Service Fee may be subject to change from time to time and Blys is under no obligation to notify you of the change.
- The Platform provides you with a function to make a Rebooking Request for a Specific Service Provider however this is subject to the availability of the Specific Service Provider.
- If the Specific Service Provider is unavailable, your Rebooking Request will convert into an ordinary Booking Request and processed in accordance with this clause 6.
- If the accepted Service Provider Abandons the Booking, the Platform will 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 are no available Service Provider and a new booking time and date is to be made on the Platform.
- You will receive a refund of the Service Fee if a new booking time and date cannot be made on the Platform.
- 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 one (1) hour after the Service Provider has accepted the Booking Request. Failing to do so may result in Blys cancelling the Booking.
- You acknowledge and agree that:
- Blys is not a party to any agreement made between you and the Service Provider;
- 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;
- you are not permitted to engage the Wellness Service of a Service Provider other than through the use of the Platform;
- the Platform is to be used by you for the purpose of making a Booking Request, and for no other purposes;
- any speculative, false or fraudulent Booking Request is prohibited;
- 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
- abuse of the Booking System may result in you being denied access to the Platform.
- Blys is entitled, at its discretion:
- to stop making the Platform available to you without notice, and without providing any reason; and
- to add, change or withdraw functions available on the Platform.
- You agree that at the time of your first Booking, your payment details will be transferred to Blys’ secure payment gateway.
- Upon the acceptance of a Booking Request by a Service Provider, Blys will take, on behalf of the Service Provider, the Service 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.
- If you are making a recurring Booking, Blys will take the initial Service Fee for the Wellness Service 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.
- Blys will hold the Service Fee on behalf of the Service Provider until Blys:
- accounts the Service Fee to the Service Provider; or
- pays a refund to you (if you are entitled to a refund).
- If you are entitled to a refund of the Service Fee, Blys will process the refund within 48 hours of the right to the refund arising.
Changes and Cancellations
- As part of the agreement between Blys and the Service Provider, Blys, on behalf of the Service Provider for the relevant Booking, will:
- 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:
- within one (1) hour of the Booking Request being accepted; or
- more than twenty-four (24) hours before the scheduled Booking;
- charge you a cancellation fee equivalent to fifty (50%) percent of the value of the relevant Service Fee if you cancel or amend the Booking:
- more than one (1) hour after the Booking Request has been accepted; or
- less than twenty four (24) hours before the scheduled Booking but with at least four (4) hours’ notice;
- charge you a cancellation fee equivalent (100%) to the relevant Service Fee if:
- you cancel or amend the Booking less than four (4) hours before the scheduled Booking; and
- you cancel or amend the Booking more than one (1) hour after the Booking Request has been accepted; or
- 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
- you have not provided or arranged access for the Service Provider to the Booking location.
- All Bookings paid with Afterpay payment option accrue a fixed six (6%) percent cancellation fee irrespective of the scheduled Booking time.
- 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:
- The following will occur if the Service Provider is unable to fulfil a confirmed Booking (in full or part):
- 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;
- 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;
- 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.
- Blys does not make any representations as to:
- the safety or quality of the Wellness Service provided by the Service Provider; or
- the safety or quality of the Equipment used by the Service Provider during the Wellness Service; or
- the condition or description of any products used by the Service Provider during the Wellness Service.
- 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.
- The Wellness Services offered by the Service Providers on the Platform are strictly therapeutic. Any suggestions or comments by you that are in sexual 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 sexual harassment.
- 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.
- Blys Gift Vouchers can be purchased from the Blys website, or from 3rd party retailers that Blys has agreements with.
- Blys Gift Vouchers can be redeemed at checkout on the Blys website, Blys mobile app, or over email or phone via the Blys Customer Care Team.
- 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 Care Team and quoting the voucher code.
- Unless otherwise stated and except for limited-time promotional offers, all Blys Gift Vouchers are valid for 3 years from the date of purchase.
- 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.
- Blys may at its discretion terminate your use of, or access to, the Platform at any time.
- If your use of the Platform is terminated:
- you will receive a Notification confirming your termination;
- you will no longer be authorised to access the Platform or use any other services or products owned by Blys;
- 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;
- you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
- 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.
- You may terminate these Terms at any time by emailing Blys at email@example.com. Blys will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.
- 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.
You acknowledge and agree that:
- 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;
- Blys is not a party to any Dispute between you and a Service Provider;
- 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;
- 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
- 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.
- A secure payment gateway is used to process all transactions and credit card details.
- 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”)
- 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.
- 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).
- 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 not gift voucher purchases or 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The Site Content is protected by copyright and Blys reserves all Intellectual Property Rights which may subsist in the Site Content and the Platform.
- You must not, without Blys’ prior written consent which may be withheld at its absolute discretion:
- copy, republish, reproduce, duplicate or extract Site Content;
- redistribute, sell, rent or licence any Site Content; or
- edit, modify or vary the Site Content.
- You must not use, or cause the Platform to be used, in any way which:
- breaches any of these Terms;
- infringes Blys’ or any third party’s Intellectual Property Rights;
- is fraudulent, illegal or unlawful; or
- causes impairment of the availability or accessibility of the Platforms.
- 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:
- computer viruses;
- keystroke loggers; or
- any other malicious computer software.
- You are solely responsible for compliance with any and all laws, rules, regulations, health and safety requirements (including but not limited to the Blys Client Coronavirus Policy) 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:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies or standards;
- use the Patform 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;
- use the Platform in connection with the distribution of unsolicited commercial messages;
- 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;
- use the Platform to request, make or accept a booking independent of the Platform, to circumvent any Service Fee or for any other reason;
- request, accept or make any payment for Wellness Services outside of the Platform. If you do so, you acknowledge and agree that you:
- would be in breach of these Terms;
- accept all risks and responsibility for such payment made outside of the Platform; and
- hold Blys harmless from any liability for such payment
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- 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;
- dilute, tarnish or otherwise harm the Blys brand in any way, including through unauthorized 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;
- 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;
- 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;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
- 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).
- 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
- 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.
- 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.
- 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.
- 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.
- If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
- 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.