Terms of Use

For all clients and business users booking through ServuWell.

Effective date: [DD Month YYYY]

1. Welcome

These Terms of Use govern your use of ServuWell as a client or business user. By creating an account, browsing listings or requests, submitting a booking, accepting an offer, paying through the platform, or otherwise using ServuWell, you agree to these Terms.

If you do not agree, you must not use the platform.

In these Terms, "ServuWell", "we", "our" and "us" refer to [ServuWell Pty Ltd] (ABN [XX XXX XXX XXX]) trading as ServuWell. "You" and "your" refer to the person or business using the platform.

2. What ServuWell does

ServuWell is a premium Australian platform that connects clients and business venues with verified independent beauty and wellness therapists.

ServuWell:

a) provides the technology platform b) facilitates messaging, the booking flow, and payment processing through our payment provider c) conducts onboarding and verification checks on therapists, including identity, qualifications and insurance, before allowing them to send offers d) manages platform policies, complaints and disputes where appropriate

ServuWell does not provide beauty or wellness services itself. When you accept an offer, the contract for the service is formed between you and the therapist. ServuWell acts as the intermediary that introduces the parties and facilitates the booking and payment. Therapists who use the platform are independent professionals, not employees, agents or partners of ServuWell. Whether a therapist is legally a contractor or otherwise depends on the real working arrangement, not just on labels such as ABN or invoice status.

3. Eligibility

To use ServuWell, you must:

a) be at least 18 years old b) provide accurate and current account information c) keep your login credentials secure d) use the platform only for lawful, genuine booking purposes

Business users must have authority to act on behalf of the business or venue they represent.

4. Account setup and profile requirements

You agree to complete the profile and onboarding steps reasonably required by ServuWell.

For safety and platform integrity, ServuWell may limit booking activity until required profile details, consultation forms, profile images, contact details or other account information are complete. Any limit of this kind will be reasonable and applied for a legitimate purpose such as safety, verification or platform integrity.

You must keep your account information accurate and up to date.

5. How bookings work

Clients and business users may post requests for services. Verified therapists can review those requests and send offers. A client may accept, decline or counter an offer.

A booking is confirmed only when:

a) the booking flow has been completed in the platform b) the offer has been accepted by the client c) payment has been successfully processed and is held through our payment provider until after the treatment is confirmed complete

Before confirmation, only limited location information such as the suburb is shown. The exact service address is revealed to the therapist only after the offer has been accepted and payment has been confirmed.

6. Payments

Payments are processed through Stripe. By making a booking, you authorise ServuWell and Stripe to process the relevant charges, fees, refunds or adjustments in line with these Terms and the applicable booking policies.

Confirmed payments are held through Stripe's payment infrastructure and are not released to the therapist immediately. After the treatment has been confirmed complete by the client, the therapist's payout is released following a holding period of approximately 14 days. This holding period allows time for any refund, dispute, chargeback or adjustment to be resolved before funds are released. ServuWell does not hold your funds in its own accounts. This arrangement protects both clients and therapists and is core to how ServuWell works.

In connection with a booking, ServuWell may direct Stripe to:

a) collect the booking amount b) deduct platform fees c) process approved refunds or partial refunds d) place temporary holds, reserves or delayed payouts where reasonably necessary for fraud prevention, safety, disputes or policy compliance

Any hold, reserve or delayed payout will be applied only for a legitimate purpose, will be no broader than reasonably necessary, and will be released or resolved within a reasonable time. Electronic payment rights may also depend on your bank, card scheme or payment provider, including under the ePayments Code.

7. Pricing, fees and GST

Prices shown on ServuWell may include:

a) the therapist's service price b) platform fees c) payment processing fees where disclosed d) GST and other taxes where applicable

Unless stated otherwise, prices shown to clients are inclusive of GST where GST applies. You are responsible for reviewing the final price, including any fees and taxes, before confirming payment. Where a tax invoice is required, it will reflect the relevant supply.

8. Your responsibilities as a client or business user

You must:

a) provide accurate booking and contact information b) ensure the service location is safe, lawful and reasonably suitable c) treat therapists respectfully and professionally d) provide honest consultation and service-related information, including relevant health information requested for safe treatment e) not request unsafe, unlawful, discriminatory or inappropriate services f) not attempt to move bookings off the platform to avoid fees or safety checks g) not misuse another person's personal information, address or contact details h) comply with all platform policies, including the Cancellation and Refund Policy, the Privacy Policy and the Safety and Incident Reporting Policy

9. Venue and safety responsibilities

If a booking takes place in a home, hotel, office, salon, event venue or other private or commercial setting, you are responsible for ensuring the location is safe and reasonably accessible.

This includes, where relevant:

a) a clean and suitable working area b) safe access and exit c) appropriate lighting and ventilation d) disclosing known hazards, risks, pets or access issues e) compliance with venue rules or approvals where applicable

Under Australian work health and safety law, safety duties may be shared between parties and cannot simply be contracted away. Where you book as a business or venue, you may hold work health and safety duties in relation to the people performing or attending the service.

10. Acceptable use

You must not:

a) use ServuWell for unlawful or fraudulent purposes b) harass, threaten, abuse or discriminate against any user c) upload false, misleading or infringing content d) circumvent the platform's booking, payment or safety controls e) scrape, copy or interfere with the platform f) create fake accounts or impersonate others g) post false, misleading or fake reviews, or offer incentives for reviews h) use the platform in any way that risks privacy, security or trust on the platform

11. Reviews and ratings

Where the platform allows reviews or ratings, they must be genuine, based on real experiences, and honest. We may moderate, decline to publish, or remove content that is false, misleading, defamatory, abusive, or in breach of these Terms or the law. Misleading reviews and fake testimonials may also breach the Australian Consumer Law.

12. Cancellations, refunds and no-shows

Bookings are subject to the ServuWell Cancellation and Refund Policy, which forms part of these Terms.

Refund outcomes may depend on:

a) when the cancellation occurred b) whether the therapist had already travelled or reserved time c) whether there was a platform, payment or service issue d) your rights under the Australian Consumer Law

Under the Australian Consumer Law, consumer guarantees apply to most services supplied to consumers. These include guarantees that services will be provided with due care and skill, be fit for any specified purpose, and be supplied within a reasonable time. Where a service fails to meet a consumer guarantee, you may be entitled to a remedy, and for a major failure you may choose to cancel and obtain a refund. These rights cannot be excluded.

13. Issues, disputes and complaints

If there is a problem with a booking, please report it promptly by emailing contact@servuwell.com or using the in-platform support channel.

ServuWell may request messages, photos, booking details, time records, invoices or receipts, and supporting statements from either party.

Where we review a matter, we will act reasonably and, where appropriate and safe to do so, give the affected user a fair opportunity to respond before we make a decision about refunds, account action, warnings, temporary holds, or other reasonable steps. Nothing in this clause limits your rights under the Australian Consumer Law, your right to pursue a complaint with a relevant regulator or fair trading body, or your right to take a matter to a court or tribunal.

14. Suspension and account closure

ServuWell may suspend, restrict or close accounts where we reasonably believe there has been:

a) a breach of these Terms b) fraud or attempted fraud c) abusive or unsafe conduct d) repeated cancellations or no-shows e) off-platform solicitation f) false information or failed verification g) conduct creating legal, payment, safety or reputational risk

Any action we take will be reasonable and proportionate to the circumstances. Except where it is impractical or would create a safety, legal or fraud risk, we will give you reasonable notice and the reason for the action. You may close your account at any time, subject to completing any bookings already confirmed and any rights that survive closure.

15. Intellectual property

ServuWell owns or licenses the platform, branding, layout, content, software and related materials, except for user content you upload.

You grant ServuWell a non-exclusive, royalty-free licence to use content you upload for platform operation, customer support, trust and safety, dispute resolution, moderation, and promotion of the platform where permitted. You confirm you have the rights necessary to grant this licence.

16. Third-party services

The platform relies on third-party services, including Stripe for payments and other providers for hosting, verification and analytics. Your use of those services may also be subject to their own terms. We are not responsible for third-party services beyond our reasonable control, except to the extent required by law.

17. Liability and service disclaimer

ServuWell provides the platform on an "as available" basis. To the maximum extent permitted by law:

a) ServuWell does not guarantee the quality, legality, safety, suitability or outcome of services provided by therapists b) ServuWell is not responsible for the acts or omissions of independent therapists or other users c) ServuWell is not liable for indirect, incidental, special or consequential loss

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law. Where our liability for a failure to comply with a consumer guarantee can lawfully be limited, our liability is limited, at our option, to resupplying the relevant services or paying the cost of having them resupplied.

18. Privacy

Your use of ServuWell is also governed by our Privacy Policy, which forms part of these Terms.

View Privacy Policy

19. Changes to these Terms

We may update these Terms from time to time. For minor or administrative changes, the updated Terms apply from the stated effective date. For changes that materially affect your rights or obligations, we will give you reasonable advance notice through the platform or by email before they take effect. If you do not accept a material change, you may close your account before it takes effect. Continuing to use the platform after a change takes effect means you accept the updated Terms.

20. General

a) Severance. If any term is found to be void, unfair or unenforceable, it is severed and the remaining terms continue to apply. b) Entire agreement and precedence. These Terms, together with the policies they refer to, form the entire agreement between you and ServuWell for your use of the platform. If there is any inconsistency, these Terms prevail unless a policy expressly states otherwise. c) Assignment. You may not assign your rights under these Terms without our consent. We may assign or novate our rights and obligations, for example as part of a restructure or sale, in a way that does not materially reduce your rights. d) Notices. We may give you notices through the platform or by email to the address linked to your account. You can contact us using the details below.

21. Governing law and jurisdiction

These Terms are governed by the laws of [Queensland], Australia. You and ServuWell submit to the non-exclusive jurisdiction of the courts of [Queensland]. Nothing in this clause limits any right you have to bring a claim, or to access a court, tribunal or regulator, under the Australian Consumer Law or other applicable law.

22. Contact

[ServuWell Pty Ltd] (ABN [XX XXX XXX XXX]) Email: contact@servuwell.com Website: www.servuwell.com