Terms of Service

1. Parties and Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between Deep Patel, ABN 12 794 897 122, trading as GlowBook AU ("we", "us", "our", "GlowBook AU") and you, the individual or entity that registers for or uses the GlowBook AU Services ("you", "your", "Subscriber").

By registering for a GlowBook AU account, clicking to accept these Terms, or by accessing or using the Services (as defined below), you agree to be bound by these Terms and our Privacy Policy (available at glowbook.com.au/privacy), which is incorporated by reference.

If you are accepting these Terms on behalf of a business entity, you represent and warrant that you have authority to bind that entity to these Terms. If you do not have that authority, or if you do not agree with these Terms, you must not use the Services.

2. Definitions

In these Terms:

• "Admin Console" means the web application accessible at admin.glowbook.com.au, used by Subscribers to configure their business, manage staff, services, locations, and access reporting.
• "Frontdesk" means the web application accessible at frontdesk.glowbook.com.au, used by Subscriber staff to manage day-to-day appointments and scheduling.
• "Services" means the Admin Console, the Frontdesk application, and any related software, features, or tools made available by GlowBook AU, including the marketing website at glowbook.com.au.
• "Subscriber Data" means all data, content, and information submitted, uploaded, entered, or generated by you or your Authorised Users through use of the Services, including business information, staff records, client records, and appointment data.
• "Authorised Users" means your employees, contractors, or agents whom you permit to access the Services under your account, including Frontdesk operators.
• "Subscription Plan" means the tier of service (Starter, Studio, or Salon) to which you have subscribed.
• "Fees" means the charges payable by you for access to the Services as set out on our pricing page or in an invoice issued to you.

3. Description of Services

GlowBook AU provides a calendar-first appointment scheduling software suite designed for beauty businesses, comprising two applications:

• Admin Console - for business configuration, staff and service management, location management, and reporting analytics.
• Frontdesk - for day-to-day appointment booking, walk-in management, and calendar operations by reception and frontdesk staff.

The features available to you depend on your Subscription Plan. We reserve the right to modify, add, or remove features from the Services at any time, provided we give reasonable notice of material changes.

4. Account Registration and Security

4.1 Registration

To access the Services, you must register for an account by providing accurate, complete, and current information. You agree to promptly update this information if it changes. You are responsible for all activities that occur under your account.

4.2 Admin Console Credentials

You are responsible for maintaining the confidentiality of your Admin Console login credentials. You must not share your credentials with any person who is not an Authorised User and must not permit any unauthorised person to access the Services through your account.

4.3 Frontdesk PIN Authentication

The Frontdesk application uses a PIN-based authentication system that operates independently of the Admin Console. Each business location has a unique PIN used to authenticate Frontdesk access on that device. You acknowledge and agree that:

• You are solely responsible for the security of your Frontdesk PIN(s) and for controlling who has access to any device on which Frontdesk is accessed
• You must not share Frontdesk PINs with unauthorised persons
• All actions taken through an authenticated Frontdesk session are your responsibility
• You should promptly update your Frontdesk PIN if you suspect it has been compromised (via the Admin Console)

GlowBook AU stores Frontdesk PINs as one-way cryptographic hashes only. We cannot recover a lost PIN; you may set a new PIN through the Admin Console.

4.4 Authorised Users

You are responsible for all Authorised Users' compliance with these Terms. Any breach of these Terms by an Authorised User will be treated as a breach by you.

5. Subscription and Payment

5.1 Subscription Plans and Fees

Access to the Services is provided on a subscription basis. Fees are charged in Australian dollars (AUD) in accordance with the pricing applicable to your selected Subscription Plan, as published on our website or as set out in a written quote or invoice provided to you.

5.2 Billing and Payment

Currently, Fees are invoiced by GlowBook AU and paid by direct bank transfer to the bank account details set out in the relevant invoice. Invoices are issued in advance for the subscription period. You agree to pay each invoice by the due date specified.

We reserve the right to introduce alternative payment methods (including card payments or a third-party payment processor) in the future. We will notify you of any such change and update these Terms accordingly.

5.3 Late Payment

If an invoice is not paid by the due date, we may suspend your access to the Services until the outstanding amount is paid. Continued non-payment may result in termination of your account in accordance with section 12.

5.4 Price Changes

We may change our Fees at any time by providing at least 30 days' written notice (by email to your registered address). Your continued use of the Services after the notice period constitutes acceptance of the new Fees. If you do not accept the new Fees, you may terminate your account before the change takes effect.

5.5 Free Trial

We may offer a free trial period (currently 14 days) to new Subscribers. At the end of the free trial, you must subscribe to a paid plan to continue using the Services. We reserve the right to modify or discontinue the free trial at any time.

5.6 Refunds

Fees paid for completed subscription periods are generally non-refundable, except where required by law (including the Australian Consumer Law) or where we have agreed otherwise in writing. If you cancel your subscription, you will retain access to the Services until the end of the current paid subscription period.

6. Subscriber Data

6.1 Ownership

As between you and GlowBook AU, you retain all ownership rights to your Subscriber Data. You grant GlowBook AU a limited, non-exclusive, royalty-free licence to access, store, process, and use your Subscriber Data solely to the extent necessary to provide and improve the Services and as described in our Privacy Policy.

6.2 Your Responsibilities as Data Controller

You acknowledge that in relation to your end-customers' personal information entered into the Services (including client names, contact details, and appointment notes), you act as the data controller and GlowBook AU acts as a data processor on your behalf. You are responsible for:

• Ensuring you have a lawful basis to collect and enter your clients' personal information into the Services
• Providing your clients with adequate notice of how their information will be used and stored
• Complying with the Privacy Act 1988 (Cth) and any other applicable privacy laws in connection with your use of the Services
• Ensuring the accuracy of the personal information you enter

6.3 Prohibited Data

You must not enter into the Services any data that:

• You do not have the right to collect or use
• Constitutes health information (as defined under the Privacy Act) or other sensitive information, unless strictly necessary for your business operations and you have a lawful basis to do so
• Is subject to legal privilege or confidentiality obligations that would be breached by its entry into a third-party system

6.4 Data Accuracy

You are solely responsible for the accuracy, completeness, and legality of all Subscriber Data you enter into the Services.

6.5 Data Retrieval and Post-Termination

Upon termination or cancellation of your account, your Subscriber Data will be retained for 90 days, during which time you may contact us to request an export. After 90 days, your Subscriber Data will be permanently and irreversibly deleted. We strongly recommend you export any data you require before cancelling your account.

7. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party right
• Enter false, misleading, or fraudulent information
• Attempt to gain unauthorised access to our systems, infrastructure, or another Subscriber's account
• Probe, scan, or test the vulnerability of any GlowBook AU system or network
• Introduce malware, viruses, ransomware, or other malicious code
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services
• Resell, sublicense, or distribute access to the Services to third parties without our prior written consent
• Use the Services in a way that exceeds the limits of your Subscription Plan
• Interfere with or disrupt the integrity or performance of the Services or any third party's use of the Services

8. Intellectual Property

8.1 GlowBook AU IP

All intellectual property rights in the Services, including the software, source code, design, user interface, trademarks, trade names, logos, and all other content and materials created by us (collectively, "GlowBook AU IP"), are owned by or licensed to Deep Patel trading as GlowBook AU. Nothing in these Terms transfers any ownership of GlowBook AU IP to you.

8.2 Licence to Use

Subject to your compliance with these Terms and payment of applicable Fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes during the term of your subscription.

8.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services, you grant us an irrevocable, perpetual, worldwide, royalty-free licence to use and incorporate that feedback into the Services without restriction or compensation to you.

9. Warranties, Consumer Law, and Disclaimers

9.1 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded or limited. Where the Australian Consumer Law applies and cannot be excluded, our liability for a failure to comply with a consumer guarantee is limited, to the extent permitted by law, to re-supplying the Services or paying the cost of having the Services re-supplied.

9.2 No Other Warranties

Subject to section 9.1, the Services are provided "as is" and "as available". To the maximum extent permitted by law, we expressly disclaim all other warranties, whether express, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

• The Services will be uninterrupted, error-free, or free of security vulnerabilities
• Any errors in the Services will be corrected
• The Services will meet your specific requirements or produce any particular outcome
• The Services will be available at any particular time or from any particular location

10. Limitation of Liability

Subject to section 9.1 (Australian Consumer Law) and to the extent permitted by law:

• Our total aggregate liability to you arising out of or in connection with the Services or these Terms (whether in contract, tort including negligence, statute, or otherwise) is limited to the total Fees paid by you to us in the three months immediately preceding the event giving rise to the claim.
• We are not liable for any indirect, incidental, special, consequential, or punitive loss or damage, including loss of profits, loss of revenue, loss of business, loss of data, or loss of goodwill, even if we have been advised of the possibility of such loss.
• We are not liable for any loss or damage arising from: your failure to maintain the security of your account credentials or Frontdesk PIN; actions of your Authorised Users; inaccuracy of Subscriber Data; interruptions to internet connectivity; or events outside our reasonable control.

Nothing in these Terms limits our liability for fraud, fraudulent misrepresentation, death, or personal injury caused by our negligence.

11. Indemnity

You agree to indemnify, defend, and hold harmless GlowBook AU and its officers, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms
• Your use of the Services in violation of any applicable law
• Your collection, entry, or processing of personal information without a lawful basis
• Any claim by a third party (including your clients or staff) arising from your use of the Services

12. Term and Termination

12.1 Term

These Terms commence on the date you accept them and continue until your subscription is terminated in accordance with this section.

12.2 Termination by You

You may cancel your subscription at any time by contacting us. Cancellation takes effect at the end of your current paid subscription period. You will retain access to the Services until the end of that period.

12.3 Termination or Suspension by GlowBook AU

We may suspend or terminate your access to the Services, with or without notice, if:

• You breach any provision of these Terms and fail to remedy the breach within 7 days of written notice from us (or immediately for breaches incapable of remedy)
• You fail to pay any undisputed invoice by its due date
• You become insolvent, are wound up, or have a receiver or administrator appointed
• We are required to do so by law or a regulatory authority
• We determine, in our reasonable judgment, that your use of the Services poses a security risk or may harm other users

12.4 Effect of Termination

On termination: your licence to use the Services ceases immediately; we will retain your Subscriber Data for 90 days following termination in accordance with section 6.5; any outstanding Fees remain payable; and sections 6.1, 8, 10, 11, 13, and 14 survive termination.

13. Confidentiality

Each party agrees to keep confidential any non-public information of the other party that is disclosed in connection with these Terms and that is designated as confidential or would reasonably be understood to be confidential given the nature of the information. This obligation does not apply to information that: is or becomes publicly available other than through a breach of this section; was already known to the receiving party; is independently developed without reference to the confidential information; or is required to be disclosed by law.

14. General Provisions

14.1 Governing Law

These Terms are governed by the laws of Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and any courts competent to hear appeals from those courts.

14.2 Dispute Resolution

Before commencing any legal proceedings, the parties agree to attempt to resolve any dispute arising under or in connection with these Terms by good faith negotiation for at least 30 days following written notice of the dispute. This obligation does not prevent either party from seeking urgent injunctive or interlocutory relief from a court.

14.3 Changes to These Terms

We may update these Terms at any time. We will notify you of material changes by email to your registered address at least 14 days before the change takes effect. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance. If you do not accept the updated Terms, you may terminate your account before the change takes effect.

14.4 Entire Agreement

These Terms (together with the Privacy Policy) constitute the entire agreement between the parties with respect to the Services and supersede all prior negotiations, representations, warranties, and agreements (whether oral or written) relating to the subject matter.

14.5 Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal, that provision will be severed and the remaining provisions will continue in full force and effect.

14.6 Waiver

Failure or delay by either party to exercise any right under these Terms does not constitute a waiver of that right. A waiver of any breach does not constitute a waiver of any subsequent breach.

14.7 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a successor entity in connection with a sale, merger, or restructure of our business, provided the successor assumes all obligations under these Terms.

14.8 Force Majeure

Neither party is liable for any failure or delay in performance to the extent caused by circumstances beyond that party's reasonable control, including natural disasters, acts of government, internet outages, or third-party service provider failures.

14.9 No Partnership or Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

15. Contact

For any enquiries regarding these Terms, please contact: