Customer Terms and Conditions
Last Updated: 20/01/2024
These Terms and Conditions (“Terms”) govern your use of the Cutso Pty Ltd, ABN: 666957017 website which is available at www.cutso.com.au (“Site”) and the use of our services (“Services”) provided by Cutso (“we”, “us”, “our”).
1. Acceptance of TermsBy accessing or using our Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (https://cutso.com.au/privacy-policy). If you do not agree with any provision of these Terms, you should discontinue the use of our Site and Services immediately.
2. EligibilityTo access and use our Site and Services, you must be at least 18 years of age. By using our Site and Services, you represent and warrant that you meet these eligibility requirements.
3. Modifications to the ServiceWe reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
4. General ConditionsWe reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
5 Services5.1 Cutso is an online marketplace that facilitates connections between customers ('Customers') seeking barber services and independent mobile barbers ('Barbers'). Cutso acts solely as an intermediary to facilitate these connections. We do not provide barber services directly. The Platform's primary function is to connect Customers to a Barber who is available at their preferred time, and to facilitate payment processing. We act as an agent for Barbers using the Platform, handling payments, scheduling appointments, and safeguarding funds until services are completed.
5.2 Cutso is an on-demand marketplace that connects you with professional barbers. When you request a barber, we aim to match you with an available barber who can provide the service at your requested time and location.
5.3 Cutso allows you to book Barber services offered by independent mobile Barbers through our Platform. When you book a service, you enter into a direct contract with the Barber for the provision of the requested services.
5.4 While we aim to connect customers with professional and experienced Barbers, we do not assume responsibility for the quality of services provided by Barbers. Customers are encouraged to review Barber profiles, ratings, and reviews to make informed choices.
5.5 All users of our Platform are expected to comply with applicable laws and regulations when using our platform. Any violations may result in account suspension or termination.
5.6 While we connect you with Barbers, we do not guarantee the quality of their services. Barbers are solely responsible for the services they provide.
5.7 In case of disputes or concerns, we may assist in mediating or facilitating resolutions. However, we do not guarantee resolution and are not liable for disputes.
6. Use of the Platform6.1 Our platform allows you to book barber services offered by independent mobile Barbers. When you book a service, you enter into a direct contract with the chosen Barber.
6.2 To make a booking you may be required to create a user account. You agree to provide accurate, current, and complete information during the account registration process and to update this information promptly if there are any changes.
6.3 You are responsible for maintaining the confidentiality of your account login credentials, including your password. You agree to immediately notify us of any unauthorised use of your account or any other breach of security. You are solely responsible for all activities that occur under your account.
6.4 We reserve the right to suspend or terminate your account, in our sole discretion, if we believe you have violated these Terms or engaged in fraudulent or harmful activities.
6.5 If you wish to delete your user account, please contact our customer support team at support@cutso.com.au. Please note that certain information may be retained in accordance with our Privacy Policy even after your account is deleted.
6.6 You are solely responsible for any and all activities conducted through your user account. You agree not to use another user's account without their permission.
6.7 We may communicate with you regarding your account and our services via email, notifications, or other means. By creating an account, you consent to receiving such communications.
7. Online Bookings7.1 After booking a service, you will receive a confirmation notification containing details of your booking, including the date, time, location, and Barber information. Please review this information carefully and contact us if there are any discrepancies.
7.2 If your Barber cancels your appointment, your request will be submitted to our Barbers again and you will be matched with another Barber in your area.
7.3 It is our policy that Barbers on Cutso will only provide services to minors when they are accompanied by an adult. When making a booking that includes a child's haircut It is your responsibility to ensure that you are present at the time of their haircut. If you are not present, our Barber will be unable to provide the service and no refunds will be issued.
8. Cancellations and Missed Appointments8.1 You can cancel your booking through the Platform's booking feature with the following penalties:
a. Cancellation 24 or more hours before the scheduled appointment: No Penalty.
b. Cancellation within 24 hours but more than 1 hour of the scheduled appointment: 50% Penalty of the total booking value.
c. Cancellation 1 hour or less before the scheduled appointment: 100% Penalty of the total booking value.
8.2 The following situations are considered as a "Missed Appointment" or "Cancellation":
a. A Missed Appointment occurs when you are not present at your home at the scheduled appointment time, or if you are unavailable or unresponsive when the Barber arrives to perform the scheduled services.
b. If the service is for a minor and there is no parent or guardian present, our Barber cannot provide the service, and this will be considered a Missed Appointment.
c. If you are not ready for the appointment upon the Barber's arrival, causing significant delays in service provision, this will be treated as a Missed Appointment.
d. If you fail to grant access to your home to the Barber, preventing the scheduled services from being performed, this will also be considered a Missed Appointment.
e. In the event of a Missed Appointment or late cancellation, the applicable cancellation fees, as outlined in this Section will apply.
f. We kindly request you to ensure that you are available, prepared, and grant access to your home at the scheduled appointment time to avoid any inconvenience for both the Barber and you.
g. Please ensure that you are present and ready for the scheduled appointment at the agreed-upon time. Delays may affect the overall timing of the service.
h. Please grant the barber access to your home promptly to avoid unnecessary delays. Failure to provide access may result in service disruptions.
8.3 In the event that your actions or delays cause significant disruptions to the scheduled appointment, including but not limited to not being present, refusing access, or being unprepared, the following options may apply:
a. The Barber may, at their discretion, refuse to provide the service if significant delays or disruptions prevent them from fulfilling other scheduled appointments.
b. The Barber and the customer may agree to reschedule the appointment for a later time or date that is convenient for both parties.
c. If a delay results in an extended service duration beyond the initially scheduled time, additional fees may apply.
9. Refunds9.1 If you fail to be present at your home for a scheduled appointment (Missed Appointment) or cancel within the specified cancellation window (Late Cancellation), resulting in a 100% penalty of the total booking value, no refund will be issued.
9.2 If the Barber, at their discretion, refuses to provide the service due to significant delays or disruptions caused by the customer, resulting in a 100% penalty of the total booking value, no refund will be issued.
9.3 If the service is for a minor and there is no parent or guardian present this is considered a Missed Appointment and no refund will be issued.
9.4 Refund eligibility is as determined by the following:
a. If you cancel 24 or more hours before the scheduled appointment, you will be entitled to a full refund of the booking value.
b. If you cancel within 24 hours of the scheduled appointment you will be entitled to a partial refund, less the 50% Penalty of the total booking value.
c. If you cancel less than 1 hour before the scheduled appointment you will not be entitled to a refund.
9.5 Refunds will be processed within 5 business days and will be issued back to the original payment method. Please note that processing times may vary depending on your bank.
9.6 This refund policy does not affect any other rights you may have under the Australian Consumer Law.
10. Payment10.1 By booking a service through our Platform, you agree to pay the total amount specified for the selected service.
10.2 At the time of booking your appointment, you agree that your payment details will be processed by our secure payment gateway Stripe.
10.3 All payments made by you through our Platform are considered payments to the Barber, with our Platform acting as an intermediary.
10.4 We handle payments on behalf of the Barbers, the funds are held within our payment gateway Stripe and are disbursed once the service is complete.
11. Payment MethodsWe accept the following payment methods:
- Visa
- Mastercard
- Amex
All payments are in Australian Dollars (AUD) and include Goods and Services Tax (GST) unless your barber is not registered for GST.
13. Payment ProcessingWe utilise the services of Stripe, our trusted third-party payment processor, to securely handle credit card transactions on our Site. Stripe is responsible for collecting, processing, and storing your credit card information. As a third-party, Stripe has their own terms of service and privacy policy that govern the handling and storage of your payment information. We encourage you to review Stripe’s privacy policy and terms of service to understand how they handle your payment information.
14. Disputes14.1 We want to emphasise that Cutso is not a party to the service contract between the Barber and the Customer. However, we recognise that disputes may arise related to appointments, service quality, cancellations, or other issues connected to bookings made through our Platform.
14.2 While we may offer assistance in resolving disputes between customers and Barbers, you acknowledge that the Platform is not responsible for the actions or omissions of users. Any dispute resolution services provided by the Platform are done so as a courtesy and without any obligation or liability.
14.3 If you encounter a dispute or issue, please contact Cutso's customer service as soon as possible. We encourage written communication for clarity and documentation.
14.4 We will make every effort to respond to your dispute inquiry promptly and professionally.
15. Consent and Professional Conduct15.1 Your safety and comfort are our priority. Before commencing any services, Barbers are required to obtain explicit consent from Customers. Consent must be freely given, informed, and can be withdrawn at any time during the service.
15.2 Customers have the right to withdraw their consent at any point during the service. If you wish to withdraw consent, please communicate this clearly to the Barber.
15.3 Barbers using our platform are under a strict obligation to maintain professionalism at all times. They are expected to conduct themselves in a respectful and appropriate manner.
15.4 Barbers are expected to provide services strictly within the scope of the booked appointment. Any behaviour or actions outside the scope of the service are unacceptable.
15.5 If customers have concerns about the behaviour or professionalism of a Barber, or if they encounter any unsafe or unsanitary conditions, they should promptly report such issues to support@cutso.com.au or using the support form within their account.
16. Customer Safety16.1 Your comfort and safety are paramount. If, at any time during the service, you feel uncomfortable or believe the Barber is acting inappropriately, you have the right to request that the Barber leave your premises immediately.
16.2 In such situations, we urge you to report the incident to us immediately. We will take swift action to address your concerns. If you believe the issue is serious or poses a threat, we recommend contacting the appropriate authorities, such as the police.
17. DisclaimerBy using the Platform, you acknowledge and agree that Cutso, its owners, affiliates, officers, directors, employees, and agents shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use of the Platform or any services obtained through the Platform.
18. Service Quality18.1 While Cutso strives to connect you with professional and qualified Barbers, we do not guarantee the quality or outcomes of the services provided by Barbers. Any issues related to the quality of services should be addressed directly with the Barber.
18.2 We do not guarantee the quality, safety, or legality of services provided by Barbers listed on the Platform. Barbers are independent service providers, and we do not endorse or warrant their services.
19. Customer Conduct and Responsibilities19.1 You are expected to treat Barbers with courtesy, respect, and professionalism at all times. Disrespectful, discriminatory, or offensive behaviour toward Barbers is strictly prohibited.
19.2 Customers are responsible for providing a safe environment for Barbers to perform their services. This includes:
a. Ensuring that the service location is free from hazards and obstacles that may pose a risk to the Barber's safety.
b. Complying with all applicable health and safety regulations, including those related to cleanliness and sanitation.
19.3 Customers must maintain personal hygiene and cleanliness when receiving services from Barbers. This includes:
a. Arriving for appointments in a clean and well-groomed state.
b. Providing access to clean water and sanitation facilities, as necessary, for the Barber to perform services effectively and hygienically.
19.4 Customers must comply with all local laws, regulations, and licensing requirements that pertain to the receipt of barber services.
19.5 Violation of these guidelines may result in the suspension or termination of your access to the Platform, at Cutso's sole discretion.
19.6 Cutso reserves the right to investigate any reports of misconduct, safety concerns, or violations of these guidelines. We will take appropriate action based on our findings.
20. Acknowledgment and Assumption of Risk20.1 By using the Platform and the services provided by Barbers facilitated through the Platform, you acknowledge and voluntarily assume any and all risks associated with the services.
20.2 You understand that the services provided by Barbers may involve inherent risks to personal safety, health, and property, and you have made an informed decision to use the Platform's services.
21. Release and WaiverTo the maximum extent permitted by applicable law, you hereby release Cutso, its owners, affiliates, officers, directors, employees, agents, and partners from any and all claims, liabilities, demands, actions, or causes of action, whether in law or equity, arising out of or related to your use of the Platform and services provided by Barbers, including any disputes or incidents that may occur between users.
22. Intellectual Property22.1 All content available on this Site, including digital images, descriptions, text, logos, designs, graphics, and any other materials (collectively referred to as "Content"), are protected by intellectual property laws and are the exclusive property of Cutso. The Content is protected by copyright, trademark, and other intellectual property rights.
22.2 By accessing and using this Site, you are granted a limited, non-exclusive, and non-transferable license to view the Content solely for personal, non-commercial purposes related to your interaction with the website. This license does not grant you any rights to modify, reproduce, distribute, publicly display, or create derivative works of the Content without our express written consent.
22.3 The trademarks, service marks, logos, and trade names displayed on this Site are the registered or unregistered trademarks of Cutso. You are prohibited from using these trademarks or any confusingly similar marks without obtaining prior written permission from Cutso.
22.4 You agree not to engage in any activities that may infringe upon the intellectual property rights of Cutso. This includes but is not limited to copying, reproducing, modifying, distributing, displaying, or exploiting the Content without prior written permission.
23. Data Security and PrivacyWe employ reasonable security measures to protect customer data from unauthorised access, disclosure, or loss. For more information on how we handle your data, please refer to our Privacy Policy.
24. Personal InformationYour submission of personal information through the store is governed by our Privacy Policy https://cutso.com.au/privacy-policy.
25. Third Party ToolsWe may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
26. Third-Party LinksCertain content, products, and services available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
27. User Content27.1 You may have the opportunity to post, upload, publish, submit, or transmit various forms of content, including but not limited to reviews, feedback, ratings, and other relevant information ("User Content") on our Site and/or our social media Platforms. By making available any User Content on or through our Site and/or Platforms, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content. This licence includes the right to use, view, copy, adapt, modify, distribute, licence, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, though, or by means of our Site and/or Platforms.
27.2 You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Site and/or Platforms. By submitting User Content, you represent and warrant that:
a. You either own the rights to the User Content or have obtained all necessary rights, licences, consents, and releases required to grant us the rights in such User Content, as contemplated by these Terms.
b. The submission of User Content and our use of the User Content on, though, or by means of our Site and/or Platforms will not infringe upon, misappropriate, or violate any third party's intellectual property rights, rights of publicity or privacy, or any applicable law or regulation.
c. We do not endorse or approve, and are not responsible for, any User Content. We reserve the right, at our sole discretion, to remove or moderate any User Content at any time.
27.3 Your User Content may include reviews, feedback, and ratings of Barbers and Barber services available on the Platform. We value open communication and constructive feedback on our Platform. However, we reserve the right to remove or moderate User Content that we deem as abusive, offensive, or in violation of our standards. This includes, but is not limited to, content that:
a. Contains discrimination, harassment, or threats directed at any individual or group.
b. Violates the privacy rights of others or discloses confidential information.
c. Contains false, misleading, or malicious statements about Barbers, services, or our Platform.
d. Promotes illegal activities or encourages harm to others.
27.4 We believe in maintaining a positive and respectful environment for all users. If you encounter User Content that you believe violates these standards, please report it to us, and we will investigate and take appropriate action.
28. Prohibited Conduct28.1 While using our Platform, you agree not to engage in any conduct that is unlawful, violates applicable laws, or could be deemed inappropriate. Such conduct includes but is not limited to:
a. Posting private or personal information about individuals without their explicit consent or engaging in any action that breaches an individual's privacy rights or any other legal rights.
b. Using our Platform to defame, harass, threaten, menace, or offend any person, whether it be another user, a Barber, or a customer.
c. Interfering with any user's ability to use our Platform, whether through disruptive behaviour, harassment, or any other means that hinder the experience of others.
d. Tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or causing any form of damage or interference with our platform. This includes activities like using trojan horses, viruses, or piracy or programming routines that may harm or disrupt our platform's functionality.
e. Using our Platform to send unsolicited email messages or engage in spamming.
f. Facilitating, participating in, or assisting a third party in making fake bookings, manipulating the booking system, or engaging in any fraudulent activities related to the Platform's services.
28.2 We are committed to maintaining a safe, respectful, and functional environment for all users. Engaging in prohibited conduct may result in the suspension or termination of your account and access to our platform. We may also take legal action in response to unlawful activities.
29. Accuracy, Completeness and Timeliness of InformationWe are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
30. Errors, Inaccuracies and OmissionsOccasionally there may be information on our Site that contains inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
31. DiscontinuanceWe may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
32. Warranties and Disclaimers32.1 We do not guarantee, represent, or warrant that your use of our Platform will be uninterrupted, timely, secure, or error-free. You agree that from time to time our Platform may be unavailable or we may cancel the Platform at any time, without notice to you. You expressly agree that your use of, or inability to use, the Platform is at your sole risk. The Platform and Services delivered to you through the Platform are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
32.2 We do not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
33. IndemnificationYou agree to indemnify and hold Cutso harmless from any claims, liabilities, damages, or expenses arising from your use of the Platform and services, disputes with Barbers, as well as from any claims made by third parties related to your actions or conduct.
34. Limitation of Liability34.1 For use of the website and servicesCutso provides its Platform and Services to you on an "as is" and "as available" basis, without any warranties or representations, express or implied. Your use of the Platform and Services is at your own risk. Cutso, its affiliates, directors, officers, employees, agents, and contractors shall not be liable for any direct, indirect, incidental, or consequential damages, including but not limited to damages for loss of profits, data, goodwill, use, or other intangible losses, even if advised of the possibility of such damages. To the fullest extent permitted by applicable law, Cutso’s total liability to you for any claims, liabilities, or losses arising out of or related to your use of the Platform and Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by you, if any, to Cutso. You acknowledge and agree that Cutso does not have control over the Content uploaded, published, or shared on the Platform by Barbers, users, and Cutso disclaims any liability for such Content. Cutso does not guarantee the accuracy, completeness, legality, or reliability of any Content on the Platform.
34.2 General Website UseCutso shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use of the website, including but not limited to the booking system. This includes, without limitation, any damages arising from interruptions, errors, omissions, or delays in the website's operation. We make every effort to maintain the availability and functionality of our website. However, we do not guarantee uninterrupted access, and we shall not be liable for any loss or damage resulting from website downtime or technical issues.
34.3 Use of Services Provided by BarbersCutso is an intermediary connecting Customers with independent mobile Barbers. We are not responsible for the acts, omissions, or conduct of Barbers. We shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the services provided by Barbers, including any issues related to the quality, safety, or outcome of such services.
34.4 Personal InjuryWhile we prioritise your safety, Cutso shall not be liable for personal injury or harm that may occur during or as a result of the barber service. Barbers are expected to provide services safely and professionally, but they are solely responsible for the safety of their actions.
34.5 Damage to Customer PropertyCutso encourages Barbers to take precautions to prevent damage to customer property during the service. Cutso shall not be liable for any damage to your personal property that may occur during or as a result of the barber service. In the event of property damage, we encourage you to address the issue directly with the Barber and seek appropriate compensation or resolution. Cutso may assist in facilitating communication between the parties but is not responsible for property damage claims.
35. SeverabilityIf a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or other provisions in these Terms.
36. No WaiverThe failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
37. InterpretationThe headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
38. Entire AgreementThese Terms constitute the entire agreement and understanding between you and us and govern your use of our Platform and Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
39. Governing LawYour use of our Site or Products or services are governed by the laws of New South Wales (NSW) Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in NSW Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
40. ContactAny questions or complaints relating to these Terms, or our Services should be directed to support@cutso.com.au.
Barber Terms and Conditions
Last Updated: 15/10/2023
These Terms and Conditions (“Terms”) govern your use of the Cutso Pty Ltd, ABN: 666957017 website and Platform which is available at www.cutso.com.au (“Site”) and the use of our services (“Services”) provided by Cutso (“we”, “us”, “our”) by registered barbers (“Barber”, “you”).
1. Acceptance of TermsBy accessing or using our Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy https://cutso.com.au/privacy-policy. If you do not agree with any provision of these Terms, you should discontinue the use of our Site and Services immediately.
2. EligibilityTo access and use our Site and Services, you must be at least 18 years of age. By using our Site and Services, you represent and warrant that you meet these eligibility requirements.
3. Modifications to the ServiceWe reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
4. Eligibility Requirements4.1 To register and use the services provided by the Cutso platform (“Platform”) you must meet the following eligibility criteria:
a. You must be 18 years or above.
b. You must maintain current and adequate insurance.
c. You must have an Australian Business Number (ABN).
5. ComplianceBy registering as a Barber on the Platform, you represent and warrant that you meet the eligibility requirements outlined in this clause. The Platform reserves the right to verify your eligibility and, if necessary, suspend or terminate your account for non-compliance.
6. Registration Process6.1 To register as a Barber on the Platform, you must complete the account creation process, which includes providing accurate and up-to-date information.
6.2 The Platform may employ identity verification procedures to confirm your identity.
6.3 You are responsible for maintaining accurate and complete profile information, including contact details.
6.4 You are responsible for maintaining the security of your account credentials and for any activity that occurs under your account.
6.5 Your account may be subject to review and approval by the Platform before you can offer your services to customers.
7. Account SuspensionThe Platform reserves the right to suspend or terminate your account at its discretion if it determines that you do not meet eligibility requirements, have provided inaccurate information, or violated the Platform's terms and policies.
8. Insurance8.1 Barbers are responsible for obtaining and maintaining insurance coverage that is appropriate for their specific services, including but not limited to liability insurance, professional liability insurance, and any other insurance required by applicable laws or regulations.
8.2 Barbers must provide proof of insurance to the us upon request, demonstrating compliance with the insurance requirement.
9. Booking and Scheduling9.1 Acceptance of Booking RequestsAs a registered Barber on the Platform, you have the option to accept or decline booking requests from customers based on your availability and preferences.
9.2 ConfirmationWhen you accept a booking request, it constitutes a confirmed appointment between you and the customer.
9.3 TimelinessYou agree to arrive promptly for scheduled appointments and provide the services as described in your service listings.
9.4 Availabilitya. We will not send you appointment request notifications for the times and dates that you are already booked.
b. You must ensure that you only accept bookings that you can attend, considering your work outside of the Platform.
9.5 Appointment ModificationsIn cases where you need to reschedule or cancel a confirmed appointment, you must notify the customer as soon as possible through the Platform's provided tools. You agree not to overbook appointments or accept bookings that you cannot fulfil within the scheduled timeframe.
9.6 No-Show Policy and Late CancellationsSituations may arise where you have attended the address of your booking and are unable to make contact with the customer to let you in, or they are not available or ready for the service during the scheduled appointment time, without prior notice. This includes delays that result in you not being able to perform the service during the scheduled time. Once you have made a reasonable effort to contact the customer through Cutso’s messaging functionality and any available doorbell or intercom system, you may cancel the booking and select “No-show” as the reason for cancellation. We do not offer refunds to customers who are not available for their appointment, and you will receive payment for the service. Please familiarise yourself with our cancellation policy available in section 8.1 of our customer terms and conditions.
9.7 Late ArrivalsIf a customer arrives late for a scheduled appointment, you may choose whether to extend the appointment's duration or provide the services within the remaining time.
10. Payment10.1 We will process payments made by customers for the services you provide through the Platform. Funds will be paid into your nominated bank account on a weekly basis. The payout will typically occur each Friday. We are unable to guarantee how long funds will take to reach your nominated bank account.
10.2 The Platform will charge you fees for connecting you with customers. These fees will be deducted from the total payout amount before disbursal.
10.3 Our fees are subject to change. We will notify you of any changes to the fee structure.
10.4 The fee structure is tiered based on the total transaction amount of the service:
a.For bookings up to $199.99 we charge you 12%.
b. For bookings of $200 and over we charge you a flat $24.00 fee.
10.5 You can review your earnings and payment details within your account.
10.6 You will receive your weekly payouts via direct bank transfer to your nominated Australian bank account.
10.7 It is your responsibility to provide accurate and up-to-date payment account information on the Platform to ensure timely payouts.
11. CurrencyAll payments are in Australian Dollars (AUD) and may include Goods and Services Tax (GST) as outlined in Section 13.
12. Invoicing12.1 We issue invoices to customers on your behalf. This process is designed to streamline billing and payment collection.
12.2 Cutso serves as the issuing party on the invoices. Cutso Pty Ltd, our ABN, and contact information will appear on the invoices.
12.3 The invoice will identify you as the service provider, including your name and ABN and will outline the service details, the date of service, a description of the service provided, and the total service amount.
12.4 The invoice will clearly indicate the GST amount, if applicable.
13. GST13.1 GST on Barber Servicesa. If you are registered for GST, the total booking cost, including the portion of the booking cost that will be paid to Cutso as a fee, includes GST. This GST component comprises 1/11 of the total price.
b. You are responsible for remitting this GST to the Australian Taxation Office (ATO) on behalf of the customer. This amount is collected as part of the total service cost and is payable to the ATO in accordance with GST regulations.
13.2 GST on Platform Feesa. The fee paid by you to Cutso for using the platform includes GST. This GST component comprises 1/11 of the fee.
b. Cutso is responsible for remitting this GST to the ATO on your behalf. You may be eligible to claim this GST as a GST credit, subject to ATO guidelines.
c. We recommend that you seek guidance from a qualified tax advisor or accountant to ensure compliance with GST regulations, reporting requirements, and eligibility for GST credits.
d. We do not offer any tax or accounting advice.
13.3 GST Exemption for Non-Registered Barbersa. If you are not registered for GST with the Australian Taxation Office (ATO), GST does not apply to the services you provide through our Platform.
b. As a non-registered barber, you are not required to charge GST on the services you offer to customers through Cutso.
c. If customers have questions or concerns regarding GST, you may inform them that you are not registered for GST and that GST does not apply to the services you provide.
d. If your GST registration status changes in the future, you must promptly inform Cutso to ensure compliance with applicable tax regulations.
e. Cutso assumes no responsibility for the tax compliance of barbers on our Platform. You are solely responsible for your own tax obligations, including any GST-related matters.
f. We recommend that if you are not registered for GST, you should consult with a qualified tax professional or accountant who can provide guidance on your specific tax situation and obligations.
14. Relationship of the Parties14.1 You acknowledge and agree that you are a user of the Cutso Platform, which serves as a tool for connecting you with customers seeking barber services. The Platform facilitates the booking and payment processing of barber services between you and the customers. You are an independent service provider, not an employee, contractor, partner, or agent of Cutso.
14.2 The use of the Platform establishes a direct service relationship between you and the customers. You are not an employee of the Platform, and you are not entitled to employment-related benefits or protections from Cutso.
14.3 Your use of the Platform establishes a direct business relationship between you and the customers. There is no employer-employee relationship, partnership, joint venture, contractor, or agency relationship between Cutso and you.
14.4 You do not have the authority to bind Cutso or make any commitments, representations, or warranties on behalf of Cutso unless explicitly authorised in writing by Cutso.
14.5 As a user of the Platform, you have the freedom to provide your services to other customers or businesses, and you are not restricted from engaging in any other business activities, provided they do not compete with the services and obligations outlined in these Terms.
14.6 You acknowledge and agree that you are not entitled to receive any benefits, such as sick leave, holiday pay, or paid time off, from Cutso.
14.7 You acknowledge and agree to be solely responsible for reporting and paying all taxes, including income taxes, self-employment taxes, and any other applicable taxes, as required by law. Additionally, you agree to maintain adequate and current insurance coverage, including public liability insurance, throughout the term of this Agreement.
14.8 The Platform serves as an intermediary connecting you to potential customers who may choose to book your services.
14.9 Cutso does not guarantee or make any representations regarding potential earnings, income, or profitability.
14.10 Cutso may act as an agent for you in specific matters, including accepting payments on your behalf, arranging appointments, and facilitating communication between the parties. However, this agency role is limited to these specific transactional activities and does not constitute a broader agency or employment relationship with Cutso.
15. Service ContractsYou enter into a service contract directly with customers when accepting bookings through the Platform. Cutso is not a party to these service contracts and does not assume any responsibilities or liabilities arising from them.
16. Service Quality and Standards16.1 You are responsible for consistently providing high-quality barbering services that meet or exceed customer expectations. This includes ensuring that the services are performed with skill, attention to detail, and in a safe and hygienic environment.
16.2 Customers have the opportunity to rate and review your services on the Platform. Consistently low ratings and negative feedback may be grounds for action, including termination of your agreement with Cutso.
16.3 Failure to maintain a standard of quality in your services, as determined by Cutso may result in the termination of your agreement and the closure of your account on the Platform.
16.4 We encourage you to consider customer feedback and take appropriate steps to address any concerns or areas for improvement. Engaging constructively with customer feedback can help enhance your service quality and ratings.
17. Professional CommunicationAs a registered Barber on the Platform you agree to:
a. Communicate with customers in a professional, respectful, and courteous manner at all times.
b. Respond promptly to customer inquiries, booking requests, and messages through the Platform's messaging system.
17.1. Communication Guidelinesa. All communication with customers regarding bookings, appointments, service details, and inquiries should be conducted exclusively through the Platform's messaging system.
b. You agree to protect the privacy and confidentiality of customer information and any information shared during the course of communication or service provision.
c. You agree to provide accurate and truthful information regarding your experience level.
17.2 Professionalism and QualityAs a registered barber on the Platform you are expected to:
a. Conduct yourself with the utmost professionalism and adhere to industry standards at all times.
b. Provide high-quality services consistent with your experience, and the standards expected in the barbering profession.
17.3. Hygiene and CleanlinessYou must:
a. Maintain a clean and hygienic workspace and tools in accordance with industry best practices and local health regulations.
b. Present yourself in a clean and professional manner, including personal cleanliness, appropriate attire, and grooming.
17.4 Service DescriptionsThe following services are provided:
- Barber haircut
- Buzzcut
- Barber haircut and beard
- Child’s haircut
- Child’s buzzcut
You must arrive punctually for scheduled appointments and complete services within a reasonable timeframe, taking into account the complexity of the service.
17.6. Customer Comfort and SafetyYou agree to:
a. Prioritise the comfort and safety of customers during service provision, addressing any concerns or special needs they may have.
b. Adhere to safety guidelines and precautions, including the safe use of equipment and products.
c. Obtain informed consent from customers before beginning the service.
d. Discuss preferences and expectations and any relevant medical conditions or allergies before beginning the service.
e. Provide services strictly within the scope of the booked appointment.
Any allegations of inappropriate behaviour during the service will be investigated by us and where appropriate will be reported to the relevant authorities and result in an immediate termination of your account.
17.7 Your Safetya. Your comfort and safety are paramount. If, at any time during the service, you feel uncomfortable or unsafe, you have the right to leave the premises immediately.
b. In such situations, we urge you to report the incident to us immediately. We will take swift action to address your concerns. If you believe the issue is serious or poses a threat, we recommend contacting the appropriate authorities such as the police.
17.8. Customer Conduct and Responsibilitiesa. We expect customers to treat you with courtesy, respect, and professionalism at all times. Disrespectful, discriminatory, or offensive behaviour toward you is strictly prohibited.
b. Customers are responsible for providing a safe environment for you to perform your services. This includes ensuring that the service location is free from hazards and obstacles that may pose a risk to your safety and complying with all applicable health and safety regulations, including those related to cleanliness and sanitation.
c. Customers must maintain personal hygiene and cleanliness when receiving services from you. This includes arriving for appointments in a clean and well-groomed state and providing access to clean water and sanitation facilities, as necessary, for you to perform services effectively and hygienically.
d. Customers must comply with all local laws, regulations, and licensing requirements that pertain to the receipt of barber services.
e. If at any time you are uncomfortable or do not believe that the customer has provided a safe or hygienic environment, you may refuse to perform the service and leave the premises. Such incidents should be reported to us immediately.
18. Cancellation Rate18.1 At all times you must maintain your cancellation rate under 5%.
18.2 Barbers with a cancellation rate of 8% and more than 50 but less than 100 haircuts will have their case managed by Cutso through direct contact.
18.3 Our objective is to assist you in improving your cancellation policy and reaching 100 haircuts with a cancellation rate below 8%.
18.4 Barbers with a cancellation rate of 8% and more than 100 haircuts completed will have their case managed by Cutso.
18.5 Barbers who are unable to reduce their cancellation rate may be removed from Cutso.
19. Refund Policy19.1 Refunds may be issued to customers in accordance with the following criteria:
a. Cancellations made within the specified notice period of 24 hours or more before the scheduled service appointment.
b. Appointments cancelled by you or the Platform due to unforeseen circumstances or unavailability.
If the customer is eligible for a refund, the Platform will process the refund to the customer's original payment method, and any associated service fees will be deducted from the refund amount.
19.2 When a customer cancels a booking within 24 hours of the scheduled appointment, a 50% cancellation fee is applied. This fee is designed to compensate you for the time and resources reserved for the appointment.
19.3 When a cancellation fee is applied to a booking, our Platform's fee is calculated based on 50% of the booking value after the cancellation fee is deducted. This fee covers the cost of our services, including facilitating bookings, payment processing, and maintaining the platform. The Platform's fee is then determined as a percentage of this adjusted amount.
20. Liability and Insurance20.1 You are solely responsible for the services you provide to customers.
20.2 You are responsible for the quality and safety of the services you offer, and any liability arising from the provision of services rests with you.
20.3 We do not provide insurance coverage for barbers or customers and are not responsible for any liabilities or damages resulting from the services provided by you.
21. Term and Termination21.1 TermThe agreement between Cutso and you shall commence on the date of sign-up and remain in effect for an indefinite period, unless terminated as per the Sections below.
21.2 Termination by youa. You may choose to terminate your account on the Platform at any time by providing written notice to us.
b. Upon voluntary termination, you are responsible for fulfilling any outstanding obligations to customers, including completing scheduled appointments and addressing any ongoing service-related matters.
21.3 Termination by usa. We reserve the right to terminate your account at our discretion, with or without cause, by providing written notice to you.
b. Reasons for termination may include, but are not limited to, violations of these Terms or applicable laws, repeated disputes with customers, poor ratings, failure to maintain an acceptable cancellation rate, work quality below expected standards or conduct that is harmful to the Platform's reputation.
c. In the event of termination, we will provide written notice to you, specifying the reason for termination and the effective date.
21.4 Account Closurea. Upon termination, your account will be closed, and access to the Platform's services will be disabled.
b. We may retain certain data related to your account, including transaction history and customer reviews, in accordance with our data retention policies and applicable laws.
21.5 Outstanding Paymentsa. Any outstanding payments we owe you, excluding applicable service fees, will be disbursed to you as part of the closure process.
b. We reserve the right to deduct any outstanding service fees or charges owed by you from the final payment disbursement.
21.6 Survival of Certain ProvisionsProvisions of this Agreement related to liability, insurance, dispute resolution, and other matters that by their nature should survive termination shall continue to apply after Termination.
22. Intellectual Property22.1 All content available on this Site, including digital images, descriptions, text, logos, designs, graphics, and any other materials (collectively referred to as "Content"), are protected by intellectual property laws and are the exclusive property of Cutso. The Content is protected by copyright, trademark, and other intellectual property rights.
22.2 By accessing and using this Site, you are granted a limited, non-exclusive, and non-transferable license to view the Content solely for personal, non-commercial purposes related to your interaction with the website. This license does not grant you any rights to modify, reproduce, distribute, publicly display, or create derivative works of the Content without our express written consent.
22.3 The trademarks, service marks, logos, and trade names displayed on this Site are the registered or unregistered trademarks of Cutso. You are prohibited from using these trademarks or any confusingly similar marks without obtaining prior written permission from Cutso.
22.4 You agree not to engage in any activities that may infringe upon the intellectual property rights of Cutso. This includes but is not limited to copying, reproducing, modifying, distributing, displaying, or exploiting the Content without prior written permission.
22.5 You retain ownership of your own intellectual property, including content you upload to the Platform, such as profile information, service listings, images, and videos.
22.6 You grant us a non-exclusive, worldwide, royalty-free license to use, display, and reproduce your content solely for the purpose of providing the Platform's services, including marketing and promotion.
22.7 You shall not use the Platform to upload, post, or share content that infringes on the intellectual property rights of others or violates any applicable laws or regulations.
22.8 You shall not use any Platform intellectual property, including trademarks and logos, without prior written consent from us.
22.9 We reserve the right to remove or disable your content that violates these Terms or any applicable laws, regulations, or intellectual property rights of others.
23. Indemnification23.1 You agree to indemnify and hold harmless Cutso, its officers, directors, employees, and affiliates, from and against any and all claims, liabilities, damages, losses, expenses, and costs (including reasonable attorney's fees) arising out of or in connection with:
a. The provision of barbering services to customers, including any disputes, injuries, or claims related to such services.
b. Violation of this Agreement, including but not limited to breaches of representations, warranties, or obligations.
c. Violation of any applicable laws or regulations by you.
24. Modification of Terms24.1 We reserve the right to update, modify, or revise these Terms and Conditions, including any additional policies or agreements referenced herein, at any time and without prior notice.
24.2 When material changes are made to the Terms and Conditions, we will make reasonable efforts to notify you of the changes. Notification may be provided through email, in-platform notifications, or other means as determined by us.
24.3 You are responsible for reviewing the updated Terms and Conditions regularly. Continued use of the Platform following the posting of changes constitutes acceptance of the updated terms.
24.4 If you do not agree with the updated Terms and Conditions, you have the option to discontinue using the Platform and terminate your accounts, as outlined in the Termination clause.
25. Limitation of Liability25.1 To the fullest extent permitted by applicable law, Cutso, its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
a. The use or inability to use the Platform.
b. Unauthorised access to or use of our secure servers and/or any personal information stored therein.
c. Any unauthorised access to or use of the Platform's services, including the actions of barbers and customers.
d. Any errors or omissions in the Platform's content.
e. Any interruption, suspension, or termination of the Platform's services.
f. Any viruses, trojan horses, worms, or similar malicious software or code obtained by accessing the Platform or any website linked to it.
26. Confidentiality26.1 Confidential InformationDuring the course of providing barber services, you may have access to confidential or proprietary information of the Cutso, its clients, or other third parties. This includes, but is not limited to, business strategies, client lists, pricing information, trade secrets, technical data, and any other information that is marked or reasonably understood to be confidential ("Confidential Information").
26.2 Non-DisclosureYou agree to hold all Confidential Information in strict confidence and not to disclose, share, or use such information for any purpose other than the performance of the services outlined in these Terms, unless required by law. You shall exercise a reasonable duty of care to prevent the unauthorised disclosure or use of the Confidential Information. This duty of care shall continue even after the termination or expiration of this Agreement.
26.3 ExclusionsThe obligations of confidentiality shall not apply to any information that: (a) is or becomes publicly available through no fault of yours; (b) was rightfully in the your possession prior to its disclosure by us; (c) is disclosed to you by a third party without any breach of confidentiality obligations; or (d) is required to be disclosed by law, provided that you gives prompt written notice to the us prior to such disclosure.
26.4 Return of InformationUpon our request or upon the termination or expiration of this Agreement, you shall promptly return or destroy all Confidential Information, including any copies or reproductions, in a manner that ensures its complete confidentiality.
27. Non-Solicitation27.1 You agree that, during your participation on the Platform and for a period of two (2) years following the termination of your engagement with the Platform, you shall not directly or indirectly solicit, divert, or provide barbering services to customers they first met through the Platform ("Platform Customers").
27.2 Solicitation includes, but is not limited to, any form of communication or contact initiated by the Barber for the purpose of providing barbering services outside the Platform to a Platform Customer or encouraging a Platform Customer to discontinue their use of the Platform.
27.3 In the event of a breach of this clause, we reserve the right to take appropriate legal action to seek remedies available under applicable laws and regulations.
28. Release and WaiverTo the maximum extent permitted by applicable law, you hereby release Cutso, its owners, affiliates, officers, directors, employees, agents, and partners from any and all claims, liabilities, demands, actions, or causes of action, whether in law or equity, arising out of or related to your use of the Platform, including any disputes or incidents that may occur when providing barbering services.
29. Data Security and PrivacyWe employ reasonable security measures to protect customer data from unauthorised access, disclosure, or loss. For more information on how we handle your data, please refer to our Privacy Policy.
30. Personal InformationYour submission of personal information through the store is governed by our Privacy Policy https://cutso.com.au/privacy-policy.
31. Third Party ToolsWe may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
32. Third-Party LinksCertain content, products, and services available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
33. User Content33.1 As a Barber using our Platform, you may have the ability to post, upload, publish, submit, or transmit various forms of content ("User Content"). By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content. This license includes the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, though, or by means of our Platform.
33.2 You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Platform. By submitting User Content, you represent and warrant that:
a. You either own the rights to the User Content or have obtained all necessary rights, licenses, consents, and releases required to grant us the rights in such User Content, as contemplated by these Terms.
b. The submission of User Content and our use of the User Content on, though, or by means of our platform will not infringe upon, misappropriate, or violate any third party's intellectual property rights, rights of publicity or privacy, or any applicable law or regulation.
c. User Content provided by barbers should reflect professionalism, accuracy, and adherence to the standards of your profession. Misleading or inaccurate information that may mislead customers should be avoided.
d. Respect customer rights, including their privacy and any other legal rights, when sharing content that may pertain to their experience.
e. Adherence to any Platform-specific content guidelines or policies that may be provided to you.
33.3 We do not endorse or approve, and are not responsible for, any User Content. We reserve the right, at our sole discretion, to remove or moderate any User Content at any time.
33.4 We value honest and constructive customer reviews as they help maintain the quality of services on our Platform. To ensure transparency and fairness, we have established guidelines regarding Barber interaction with customer reviews.
33.5 Barbers are not allowed to respond directly to customer reviews on the Platform. We encourage Barbers to read and learn from customer feedback but refrain from engaging in direct responses.
33.6 We reserve the right to respond to customer reviews, especially those that contain false or misleading information, or are abusive in nature. Our response aims to provide a balanced perspective and ensure that the platform remains a fair and transparent space.
33.7 If you encounter a customer review that you believe is abusive, contains false or misleading information, or violates our review guidelines, please report it to us. We take such reports seriously and will investigate the review in question.
34. Prohibited Conduct34.1 While using our Platform, you must adhere to a code of conduct that ensures a professional and respectful environment for all users. You agree not to engage in any conduct that is unlawful, violates applicable laws, or could harm the reputation of our Platform or the experience of our customers. Prohibited conduct related to your use of the Platform includes but is not limited to:
a. Misusing customer information obtained through the Platform, such as contact details or personal information, for any purpose other than the provision of your barber services.
b. Attempting to manipulate the booking system or engage in fraudulent activities, including making fake bookings, to gain an unfair advantage or disrupt the Platform's operations.
c. Using customer contact information obtained through the Platform to send unsolicited marketing or promotional messages without their consent.
d. Violating customer rights, including their privacy or any other legal rights.
34.2 Engaging in prohibited conduct related to your use of the Platform may result in the suspension or termination of your account and access to our Platform. We may also take legal action in response to unlawful activities.
35. Accuracy, Completeness and Timeliness of InformationWe are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
36. Errors, Inaccuracies and OmissionsOccasionally there may be information on our Site that contains inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
37. DiscontinuanceWe may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
38. Warranties and Disclaimers38.1 We do not guarantee, represent, or warrant that your use of our Platform will be uninterrupted, timely, secure, or error-free. You agree that from time to time our Platform may be unavailable or we may cancel the Platform at any time, without notice to you. You expressly agree that your use of, or inability to use, the Platform is at your sole risk. The Platform and Services delivered to you through the Platform are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
38.2 We do not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
39. SeverabilityIf a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or other provisions in these Terms.
40. No WaiverThe failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
41. InterpretationThe headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
42. Entire AgreementThese Terms constitute the entire agreement and understanding between you and us and govern your use of our Platform and Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
43. Governing LawYour use of our Site or Products or services are governed by the laws of New South Wales (NSW) Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in NSW Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
44. ContactAny questions or complaints relating to these Terms, or our Services should be directed to barbersupport@cutso.com.au.