Terms of Use

• Background

1. Blys is a technology services provider that operates a venue that connects you and a Therapist.
2. The Platform enables you to request and book a Therapist to provide a Massage Service.
3. Each Therapist is in the business of providing Massage Services and has entered into a licence agreement with Blys to access and use the Platform in order to connect with you and other users of the Platform.
4. The Platform is intended solely for persons who are 18 years of age or older. By accessing or using the Platform you represent and warrant that you are 18 or older.
5. These Terms govern your use of the Platform including the software, Mobile Application and the Website, and forms a binding contractual agreement between you and Blys, under which Blys agrees to provide you with access to the Platform and you agree to the obligations in these Terms.
6. For that reason these Terms are important and you should ensure that the Terms are read carefully.  By using the Platform you acknowledge and agree that you have had sufficient chance to read and understand the Terms and agrees to be bound by them. If you do not agree to the Terms, you must not use the Platform in any way.

• Definitions

In these Terms:

Abandons the Booking means a decision made by the Therapist to cancel a Booking the Therapist can no longer attend by clicking the “Abandon Booking” function on the Platform.

Blys or we or us means Get Blys Pty Ltd ACN 611 428 927.

Booking means an accepted Booking Request “which can be extended by you after the Therapist has accepted the Booking Request” for the provision of the Massage Service which has been processed on the Platform and communicated to the Therapist via the Platform.

Booking Confirmation is a Notification sent to you confirming a Booking.

Booking Request means a booking request made by you through the Platform.

Booking Request Details means the details you have entered into the Booking Request including the details of the Property, the requested time and date of the Massage Service, the type of Massage Service required, the preferred gender of the Therapist, preferred Massage Time and your contact details.

Booking System means the online booking system on the Platform used to make a Booking Request in accordance with clause 6 of this document.

Blys Network means the database of Therapist located on the Platform.

Dispute means a dispute, controversy or claim arising out of or in connection with these Terms.

GST means Goods and Services Tax pursuant to A New Tax System “Goods & Services Tax” Act 1999 “Cth” and the related imposition Act of the Commonwealth.

Intellectual Property Rights means all present and future rights anywhere in the world conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions, confidential information, trade secrets and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.

Losses mean any and all actions, claims, proceedings, judgments, demands, liabilities, losses, costs “including reasonable legal costs”, expenses, penalties, fines and damages which may be brought or awarded against Blys or suffered, incurred or paid by Blys “howsoever arising” in respect of, arising out of or in connection with the Massage Services provided by that Therapist “or any of the Therapists’ employees or agents”, a violation of any law by the Therapist, or a breach of the terms, conditions, covenants, warranties and representations “express or implied” contained in these Terms on the part of the Therapist “or any of the Therapist’s employees or agents” and include loss of data, interruption of business or any consequential or incidental damages.

Massage Equipment means equipment required by the Therapist to complete the Massage Service, such equipment includes but not limited to, a massage table massage oils, relaxing music and clean towels.

Massage Fee means the amount inclusive of GST displayed on the Platform as being payable by you on the acceptance of a Booking Request which can be subject to change if you extend the Booking Time of the Massage Services.

Massage Services means the services provided as part of massage therapy, beauty therapy and other therapeutic treatments, including but not limited to remedial massage, sports massage, Swedish/ relaxation massage and pregnancy massage provided by a Therapist in accordance with these Terms.

Massage Time means the length of the Massage Services requested by you in the Booking Request.

Mobile Application means the apple or android app titled ‘Blys’ owned by Blys.

Notification means an electronic notification sent to the email address or mobile phone number registered on the User Profile.

Onboarding means the registration process on the Platform.

Payment Method means a direct bank transfer, debit card, credit card, PayPal, Google Pay or Apple Pay.

Platform means the suite of software applications including the Support that enables you to book a Therapist offered via the Mobile Application or the Website.

Property means the location chosen by you for the Therapist to provide the Massage Service.

Rebooking Request means a Booking Request made by you offered to a Specific Therapist.

Site Content means all material, content and information made available on the Platform and/or Blys’ official social media accounts, including but not limited to feedback, reviews and ratings provided by you, users of the Platform or Website and Therapists, any written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression.

Specific Therapist means a specific Therapist you have used before as requested in a Rebooking Request.

Support means the technical support, resources and information, payment and maintenance services for the Platform and updates to the Platform software that Blys may make generally available to you and the Therapist.

Terms means the terms and conditions set out in this document.

Tax means income tax, payroll tax, stamp duty, GST, superannuation and all other applicable taxes.

Therapist means an individual “including a person trading under a business name”, approved by Blys to use the Platform.

Third Party Site means any hyperlink or other redirection tools taking the User to other websites operated by third parties that appear on the Website or Mobile applications.

User or you or your means a person who uses the Platform.

User Profile means a profile created on the Platform by you and includes your name, address, phone number, gender and credit card details.

Website means the website at the domain name https://getblys.com/en-nz/ “or such other domain name as Blys may use in relation to the Business from time to time”.

• Terms of Use

1. Blys grants to you a revocable, non-exclusive, non-transferrable licence to:
   1. use and access the Platform on your personal device solely for the permitted use of making Booking Requests on these Terms.
   2. view the Website and the Mobile Application;
   3. print pages from the Website and the Mobile Application in its original form; and
   4. download any material from the Website and Mobile Application for caching purposes only.
2. You acknowledge and agree that:
   1. Blys does not employ the Therapists;
   2. Blys does not offer to or provide, perform or conduct Massage Services nor does it act as an agent or broker for the Therapist;
   3. Blys does not participate in the interaction between you and the Therapist except to the extent necessary to provide the Platform and the Support to facilitate the interaction, including the invoicing and processing of the Massage Fee from behalf of Therapists;
   4. any Third Party Sites are not controlled by Blys and do not form part of the Platform. You agree that you will not hold Blys liable or in any way accountable for anything that occurs on any Third Party Site; and
   5. you enter into these Terms and use the Platform entirely at your own risk.

• Term

1. These Terms commence on the date you access and use the Platform.
2. Blys periodically reviews the Terms and reserves the right to amend the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website and Mobile Application, regularly as any changes to the Terms take immediate effect from the date of the publication on the Website and Mobile Application. The continued access and use of the Platform constitutes your consent to be bound by these Terms, as amended from time to time.
3. These Terms continue in force unless and until terminated in accordance with these Terms.

• Personal Information & User Profile

1. To make a Booking Request, you must create and register a User Profile in the manner described on the Platform.
2. You will be issued with a username and password which will be linked to your User Profile. The username and password are personal to you and are not transferable.
3. You are responsible for all information posted on or transmitted via the Booking System by anyone using your username and password and any payments due for the Massage Service acquired through the Booking System by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.
4. You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms.
5. You acknowledge and agree that all information supplied by you in using the Platforms and the Booking System will be true and accurate at all times.
6. Blys may delete or block User Profiles at its own discretion. Blocked users are prohibited from setting up a new User Profile.

• Booking System

1. You must use the Booking System to make a Booking Request.
2. Once you have submitted the Booking Request Details on the Platform, the Booking Request Details will be made available on the Blys Network where an available Therapist can view and then accept the Booking Request.
3. On acceptance of a Booking Request, the Platform will:
   1. send a Notification confirming your Booking;
   2. deduct the Massage Fee from the Payment Method registered on the User Profile; and
   3. send, on behalf of the Therapist, a tax invoice/receipt to your email address registered on the User Profile.
4. The Massage Fee is the amount specified on the Platform for the Massage Service and is determined by the Massage Time and location of the Property.
5. You acknowledge that the Massage Fee may be subject to change from time to time and Blys is under no obligation to notify you of the change.
6. The Platform provides you with a function to make a Rebooking Request for a Specific Therapist however this is subject to the availability of the Specific Therapist.
7. If the Specific Therapist is unavailable, your Rebooking Request will convert into an ordinary Booking Request and processed in accordance with this clause 6.
8. If the accepted Therapist Abandons the Booking, the Platform will locate an alternative Therapist for the Booking.  If an alternative Therapist cannot be arranged, you will receive a Notification notifying you that there are no available Therapist and a new booking time and date is to be made on the Platform.
9. You will receive a refund of the Massage Fee if a new booking time and date cannot be made on the Platform.
10. On some occasions, if and when, deemed necessary by Blys, Blys may accept booking requests over the phone. When the Booking Request is received over the phone, the payment by the client must be made in full, with a valid Payment Method on the User Profile or over the phone, and within one (1) hour after the Therapist has accepted the Booking Request.  Failing to do so may result in Blys cancelling the Booking.
11. You acknowledge and agree that:
    1. Blys is not a party to any agreement made between you and the Therapist;
    2. Blys has no control over and is not responsible for the actions or omissions of the Therapist or any other users of the Platform;
    3. you are not permitted to engage the Massage Service of a Therapist other than through the use of the Platform;
    4. the Platform is to be used by you for the purpose of making a Booking Request, and for no other purposes;
    5. any speculative, false or fraudulent Booking Request is prohibited;
    6. the Booking System will only be used to make legitimate Bookings for you or another person for whom you are legally authorised to act; and
    7. abuse of the Booking System may result in you being denied access to the Platform.
12. Blys is entitled, at its discretion:
    1. to stop making the Platform available to you without notice, and without providing any reason; and
    2. to add, change or withdraw functions available on the Platform.

• Payment

1. You agree that at the time of your first Booking, your payment details will be transferred to Blys’ secure payment gateway.
2. Upon the acceptance of a Booking Request by a Therapist, Blys will take, on behalf of the Therapist, the Massage Fee pursuant to the Booking. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
3. If you are making a recurring Booking, Blys will take the initial Massage Fee for the Massage Service immediately, and all recurring payments 3 days before the anniversaries of the initial payment. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
4. Blys will hold the Massage Fee on behalf of the Therapist until Blys:
   1. accounts the Massage Fee to the Therapist; or
   2. pays a refund to you (if you are entitled to a refund).
5. If you are entitled to a refund of the Massage Fee, Blys will process the refund within 48 hours of the right to the refund arising.

• Changes and Cancellations

1. As part of the agreement between Blys and the Therapist, Blys, on behalf of the Therapist for the relevant Booking, will:
   1. allow you to make changes to the Booking, or cancel the Booking with a refund of the Massage Fee, provided that such amendment or cancellation is made:
      1. within one (1) hour of the Booking Request being accepted; or
      2. more than twenty-four (24) hours before the scheduled Booking;
   2. charge you a cancellation fee equivalent to fifty (50%) percent of the value of the relevant Massage Fee if you cancel or amend the Booking:
      1. more than one (1) hour after the Booking Request has been accepted; or
      2. less than twenty four (24) hours before the scheduled Booking but with at least four (4) hours’ notice;
   3. charge you a cancellation fee equivalent to the relevant Massage Fee if you cancel or amend the Booking:
      1. less than four (4) hours before the scheduled Booking; and
      2. more than one (1) hour after the Booking Request has been accepted.
2. The following will occur if the Therapist is unable to fulfil a confirmed Booking (in full or part):
   1. the Booking Request Details will be re-loaded onto the Platform and sent to the Blys Network in an attempt to find a replacement Therapist;
   2. if a replacement Therapist cannot be located on the Blys Network, you will be prompted to enter a new time and date for the Booking Request;
   3. if there is no suitable time and date, you will be given the option to cancel the Booking and a refund will be made to your payment method registered on the User Profile.

• Massage Service

1. Blys does not make any representations as to:
   1. the safety or quality of the Massage Service provided by the Therapist; or
   2. the safety or quality of the Massage Equipment used by the Therapist during the Massage Service; or
   3. the condition or description of any products used by the Therapist during the Massage Service.
2. Any issues regarding safety, quality, condition or description will be sent to Blys through the Platform and passed onto the Therapist that completed the Booking.
3. The Massage Services offered by the Therapists on the Platform are strictly therapeutic. Any suggestions or comments by you that are in sexual nature before, during or after the Booking, will result in termination of the Booking and suspension of your account in accordance with clause 10 of this document with no refund, and will be reported to authorities as a matter of sexual harassment.
4. Blys does not give any warranty or make any representation that the Therapists have approved qualifications to be a massage therapist however each Therapist must compete an approved Onboarding process to receive access to the Platform and can be removed from the Blys Network at any time.

• Gift Vouchers

1. Blys Gift Vouchers can be purchased from the Blys website, or from 3rd party retailers that Blys has agreements with.
2. Blys Gift Vouchers can be redeemed at checkout on the Blys website, Blys mobile app, or over email or phone via the Blys Customer Care Team.
3. Blys offers a seven day cancellation policy on all purchased Gift Vouchers providing they haven’t been redeemed yet. Blys Gift Vouchers can be cancelled by contacting the Blys Customer Care Team and quoting the voucher code.
4. Unless otherwise stated and except for limited-time promotional offers, all Blys Gift Vouchers are valid for 3 years from the date of purchase.
5. It’s the purchaser’s sole responsibility to ensure the recipient can redeem the voucher. For example, the recipient must be located in a location where Blys operates.

• Termination

1. Blys may at its discretion terminate your use of, or access to, the Platform at any time.
2. If your use of the Platform is terminated:
   1. you will receive a Notification confirming your termination;
   2. you will no longer be authorised to access the Platform or use any other services or products owned by Blys;
   3. the email address you used to register with the Platform or any other email address you possess will not be authorised to access the Platform or any other services or products owned by Blys;
   4. you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
   5. all licences granted to you and all disclaimers by Blys and limitations of Blys’ liability set out in the Terms or elsewhere on the Platforms will survive termination.
3. You may terminate these Terms at any time by emailing Blys at hello@getblys.com. Blys will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.
4. Blys reserves the right to deduct any outstanding fees and charges owing to Blys and/or the Therapist on your User Profile prior to disabling your User Profile.

• Dispute Resolution

You acknowledge and agree that:

1. any Dispute between you and a Therapist concerning the Massage Service carried out by the Therapist are directly between you and the Therapist;
2. Blys is not a party to any Dispute between you and a Therapist;
3. Blys is under no obligation to mediate any Dispute between you and the Therapist however Blys will endeavour to assist where necessary to mediate any Dispute between you and a Therapist;
4. you will be required to pay or reimburse any legal fees incurred by Blys as a result of having to mediate any Dispute between you and a Therapist.

• Security of Payment

1. We have taken all practical steps from both a technical and systems perspective to ensure that the payment details registered on the User Profile is well protected.
2. A secure payment gateway is used to process all transactions and credit card details.
3. Blys does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.

• Privacy

1. In this clause Personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably ascertained, from the information or opinion.
2. The Platform collects and stores Personal Information you enter into the User Profile. Personal Information collected on the Platform will be maintained in accordance with our Privacy Policy available on the www.getblys.com/privacy.
3. You agree that the Platform will disclose your Personal Information, including your name and address to the Therapist in order for the Therapist to complete the Booking.
4. You must abide by all relevant Australian Privacy Principles set out in the Privacy Act 1998 in their collection, use, disclosure and storage of Personal Information.

• Intellectual Property

1. Nothing in these Terms constitutes a transfer of any Intellectual Property Rights on the Site Content. You acknowledge and agree that, as between you and us, we own all Intellectual Property Rights on the Site Content, the Platform, the Website and the Mobile Application.
2. By posting or adding any content onto the Platform, the Website or the Mobile Application you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
3. The Site Content is protected by copyright and Blys reserves all Intellectual Property Rights which may subsist in the Site Content and the Platform.
4. You must not, without Blys’ prior written consent which may be withheld at its absolute discretion:
   1. copy, republish, reproduce, duplicate or extract Site Content;
   2. redistribute, sell, rent or licence any Site Content; or
   3. edit, modify or vary the Site Content.

• Acceptable Use

1. You must not use, or cause the Platform to be used, in any way which:
   1. breaches any of these Terms;
   2. infringes Blys’ or any third party’s Intellectual Property Rights;
   3. is fraudulent, illegal or unlawful; or
   4. causes impairment of the availability or accessibility of the Platforms.
2. You must not use, or cause this Platform to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
   1. spyware;
   2. computer viruses;
   3. Trojans;
   4. worms;
   5. keystroke loggers; or
   6. any other malicious computer software.
3. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform. In connection with your use of the Platform, you will not assist or enable others to:
   1. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies or standards;
   2. use the Patform or collect the contents on the Platform for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Blys endorsement, partnership or otherwise misleads others as to your affiliation with Blys;
   3. copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Platform in any way that is inconsistent with Blys’ Privacy Policy or these Terms or that otherwise violates the privacy rights of any user of the Platform or third parties;
   4. use the Platform in connection with the distribution of unsolicited commercial messages;
   5. contact another User for any purpose other than asking a question related to your Booking, Therapist, or User, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
   6. use the Platform to request, make or accept a booking independent of the Platform, to circumvent any Massage Fee or for any other reason;
   7. request, accept or make any payment for Massage Services outside of the Platform. If you do so, you acknowledge and agree that you:
      1. would be in breach of these Terms;
      2. accept all risks and responsibility for such payment made outside of the Platform; and
      3. hold Blys harmless from any liability for such payment
   8. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
   9. use, display, mirror or frame the Platform or collect the contents on the Platform, or any individual element within the Platform, Blys’ name, any Blys trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Blys platform, without Blys’ express written consent;
   10. dilute, tarnish or otherwise harm the Blys brand in any way, including through unauthorized use of the content on the Platform, registering and/or using Blys or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Blys domains, trademarks, taglines, promotional campaigns;
   11. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
   12. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Blys or any Therapist or any other third party to protect the Blys platform;
   13. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
   14. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform.

• Indemnity and Liability

1. General Indemnity
   You agree to indemnify Blys, on demand, against any claim, action, damage, Loss, liability, cost, charge, expense or payment which Blys may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of these Terms.
2. General Limitation of Liability
   We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents or use of or reliance on Site Content or otherwise in connection with the Platform.
3. Massage Services Liability
   To the extent permitted by law, Blys will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) the Massage Service.
4. Information Accuracy
   You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by you or other users of the Platform or Website, and that Blys does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
5. Acceptance
   By using this Platform, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are reasonable.

• Warranties and Representations

1. The use of this Platform is at your own risk. The Site Content and everything from the Platform is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.
2. None of Blys’ affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Site Content or Platform.

• General Provisions

1. Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
2. Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
3. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
4. These Terms shall be governed by and construed in accordance with the law for the time being applicable to New South Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.