Claim means any assertion or claim threatened or made or any proceedings claiming that:
(a) a party in performing its obligations under this Agreement, or any subcontractor of a party, infringes;
(b) the use of the Services, or any material provided to the Customer by Harbour IT or any of its representatives in connection with the Services infringes;
(c) or any Deliverable infringes, any Intellectual Property Rights or Moral Rights of any person.

‍Fees means the fees and disbursements payable by the you for the Services based on your use of the Services as specified in this Agreement.

Intellectual Property Rights means all present and future intellectual and industrial property rights conferred by statute, at civil, common law or in equity and wherever existing, including:
(a) patents, designs, copyright, rights in circuit layouts, database rights, trade marks, know how, brand names, domain names, inventions, product names, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
(b) any application or right to apply for registration of any of the rights in paragraph (a);any registration of any of those rights or any registration of any application referred to in paragraph (b); and
(c) all renewals and extensions of these rights.

Moral Rights means the moral rights granted by the Copyright Act 1968 (Cth).
‍Service means the use of the Website to search for, book or schedule and contact third party beauty and wellness service providers and pay for those bookings.
‍Website means the Weeha website https://www.weeha.com.au

(a) These are the terms on which Weeha permits users to access and use the Website including using the services and functionality made available through the Website, viewing content provided by Weeha and third parties, communicating with Weeha and reviewing information about Weeha’s products and services or the products and services of third party suppliers. 
(b) You agree to be bound by these Terms by:
(i) using, browsing or accessing any part of the Website; or
(ii) registering as a user on the Website.
(c) If you do not agree to these Terms, you are not permitted to access and use this Website and you should immediately cease using this Website.
(d) Weeha may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
(e) The Website is subject to change at any time without notice and may contain errors.

(a) Weeha has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. Weeha reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.  
(b) The Content on the Website is for information purposes only. Weeha does not warrant or make any representations in relation to any third party services described or referred to or reviewed on the Website. Any use of Weeha Content or information by another person or organisation is at the user's own risk.
(c) Whilst every effort is made to ensure the information provided on the Website is current, we have no responsibility or liability for any errors contained in the information. Inclusion of any product or service information on this Website is not an endorsement of any organisation, product or service.

(a) The Website may contain links to other web sites. Weeha provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators, the goods, services or content that they describe.
(b) Other web sites which are linked to the Website are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. Weeha is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. Weeha is not responsible for and will not be liable in respect of any incorrect link to an external web site.
(c) You are not permitted to frame or link the Website without Weeha's express written permission.

(a) Subject to the payment of the Fees, Weeha will supply the Services to you, in accordance with these Terms.
(b) The Terms (as varied from time to time) apply to each individual order or request for Services.
(c) Weeha may monitor your use of the Services for the purposes of maintaining the integrity of the Website or services for all customers.
(d) You acknowledge that unless you pay all required Fees and receive confirmation from Weeha and the third party supplier, any bookings for Service will not be confirmed.

(a) You must pay Weeha the Fees at the rates and in the manner specified on the Website from time to time.
(b) You acknowledge that Weeha and third party suppliers may increase fees from time to time. 
(c) The price of a Service or booking will be displayed on our Website however Weeha reserves the right to cancel a booking or charge extra for any bookings that have been charged at an erroneous rate.
(d) The prices displayed through our Website may include taxes or tax recovery charges. Such taxes or tax recovery charges may include amounts associated with value-added tax, goods and services tax, sales tax and other taxes of a similar nature.  In certain jurisdictions, you may be responsible for paying local taxes imposed by local tax authorities.
(e) You acknowledge and agree that we have have to appoint a third party to:
(i) verify your payment method by obtaining a pre-authorisation, charging a nominal fee or through other verification means, and
(ii) on verification, charge your payment method.
(f) You acknowledge and agree that:
(i) some banks and card issuers impose fees for international or cross-border transactions.
(ii) Also, some banks and card issuers impose fees for currency conversion..

(a) There are many service options available through our Service and we want to make your search results as relevant as possible. At the search results page you will see our default sort order, however you can select how to sort your results and also use filter options to prioritise results based on your chosen preferences.
(b) if you book a service on behalf of others:
(i) you will obtain their authorisation prior to acting on their behalf
(ii) you will inform them about the terms that apply to the booking (including thes Terms) and ensure that they agree to such terms
(iii) you are responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the booking.

(a) Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Weeha does not warrant that you will have continuous access to the Website. Weeha will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
(b) Weeha does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and Weeha does not guarantee the security or confidentiality of these communications or the security of the Website.
(c) Weeha does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise. 
(d) Details contained on the Website relating to information and services have been prepared in accordance with Australian law and may not satisfy the laws of another country.  Weeha does not warrant that: 
(i) the information or services available on this Website; or
(ii) the Website and its Content, 
comply with the laws of any other country. It is your responsibility to determine whether the information or services comply with the laws of your jurisdiction.
(e) If you access and use this Website or its Content from outside Australia or transact on this Website you do so at your own risk.

Any personal information submitted by you to Weeha is subject to and will be handled in accordance with Weeha's privacy policy (Privacy Policy).  The Privacy Policy forms part of these Terms and is set out at https://www.weeha.com.au/privacy/. You agree that, by using the Website or communicating with Weeha, you have read the Privacy Policy, understood its contents and consented to its requirements.

(a) All Intellectual Property Rights, including copyright and patents, in the Website, Weeha's information, products and services, and all components of them are owned or licensed by Weeha or any of its related entities. You must not copy, modify or transmit any part of the Website.
(b) The Website contains trademarks, logos, service names and trade names of Weeha or third parties which may be registered or otherwise protected by law.  You are not permitted to use any trademarks, logos, service names, trade names or any other content or copies of the content appearing on the Website. 

Weeha grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 8. You may not download (other than page caching) or modify the Website or any portion of the Website.  Any Content that you post on the Website or otherwise provide or communicate to Weeha will be treated as non-confidential and non-proprietary information.

(a) Except as otherwise expressly permitted, in using the Website you must not:
(i) engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or information for the benefit of other merchants, data mine or use robots or other data collection methods;
(ii) impersonate or falsely claim to represent a person or organisation;
(iii) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
(iv) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent, untrue or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any Intellectual Property Rights; or
(v) post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
(b) Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.
(c) Weeha provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release Weeha from all applicable liability and responsibility.

Weeha may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice.  Any indemnities given by you and any limitations of our liability survive such termination.

(a) To the full extent permitted by law, Weeha excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, availability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the information and services listed or accessible on the Website.
(b) Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law,) Weeha excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.
(c) Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) Weeha excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the information and services listed, accessible or made available on the Website. 

You agree to fully indemnify Weeha, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) any breach of these Terms by you;
(b) your access or use of the Website; or
(c) your communications with Weeha or any other third party.

These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Weeha. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of Weeha.

If you have questions about the Website, the Terms or Privacy Policy, please contact us at info@weeha.co.