Last Updated: January 2026

Terms of Service

Selling Salons Terms and Conditions

  1. Introduction

    1. These terms and conditions (Terms, as at 18/06/2026, Version 1) apply to your access to and use of: 

      1. our website at sellingsalons.com, including any content and functionality offered there (Website); and

      2. the post-appointment retail sales and order fulfilment application ‘Selling Salons’, available at app.sellingsalons.com (Platform). 

    2. Upon creation of an account on the Platform, these Terms form an agreement (Agreement) between Mitchell Hale Enterprises ABN 42 698 792 317 trading as Selling Salons (“Selling Salons”, “we”, “us”, or “our”) and you, meaning the natural person or the organisation browsing, accessing or otherwise using the Platform. Each of you and us is a party to this agreement.

    3. You agree to be bound by these Terms and our Privacy Policy www.sellingsalons.com/privacy (Policy), which is incorporated into these Terms by reference. The collection, use and disclosure of your personal information is governed exclusively by the Policy. 

  2. Account

    1. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence (Licence) to download and use the Platform on your devices and access and view any content on the Platform, in accordance with these Terms. 

    2. If you are using the Platform on behalf of anyone else, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of that other person or entity and where necessary to bind the entity and the entity’s employees to these Terms.

    3. You represent and warrant that any information you provide to us when creating your account on the Platform (Account), and any changes to that information made through the Platform, are materially accurate.

    4. You may not make your access credentials or Account available to others, and you are responsible for all user activities that occur using your Account.

  3. Usage 

    1. You will be solely responsible for your use of any part of the Platform. You must not use the Website or the Platform to carry out any act that is unlawful or may cause harm, damage or loss to another. This includes: 

      1. breaking any law or infringing any person’s rights (including Intellectual Property Rights and privacy rights under our Policy);

      2. using this Platform to defame us, our employees or other individuals;

      3. uploading files that contain viruses or malicious code;

      4. transmitting, publishing or communicating material that is illegal, defamatory, offensive, abusive, indecent, menacing, unwanted or detrimental to or in violation of our systems or a third party's systems or network security; 

      5. acting or accessing the Platform in any way that damages, interferes with or interrupts the supply of services offered by the Platform; and

      6. reverse assembling, reverse compiling, decompiling, translating, or otherwise attempting to discover the source code or underlying components of the Platform or its models, algorithms, or architecture.

    2. If we allow you to post any information to the Website or Platform, we have the right to take down this information at our sole discretion and without notice.

    3. When using the Platform and any related products or services, you agree to comply with all applicable laws and regulations, and must not use the Platform and any related products or services for any unlawful or unauthorised purposes.  

  4. Subscription and Payment

    1. We allow you to access certain features under the Licence in consideration for you paying a subscription fee (Subscription Fee). The Subscription Fee is paid through a third-party service called Stripe. You consent to our use of Stripe, or any similar third-party payment processing service, for the purposes of processing your Subscription Fee payment. 

    2. Subject to clause 4.3:

      1. the Subscription Fee applicable to your use of the Platform under the Licence is published on our Website and may otherwise be separately agreed between you and us in writing from time to time. We reserve the right to vary the Subscription Fee from time to time, subject to providing you with at least one month’s noticing in writing of any increase to the fee.

      2. unless otherwise agreed in writing between both parties, your subscription will renew automatically for successive equal length periods (Term) until your subscription is terminated by either party.

      3. we will issue a tax invoice to you at the commencement of each Term, for an amount equal to the fee payable by you multiplied by the number of accounts (Seats). For example, if you subscribe to the Platform monthly, you will receive a tax invoice on the day you subscribe, and thereafter on the same date in each successive month, until your licence is terminated. Tax invoices must be paid by you within 14 days of receipt.

    3. Where you are a party to a separate agreement with us in relation to your use of the Platform (such as a SaaS Agreement, Pilot Agreement, or similar), that agreement will prevail over these terms to the extent of any inconsistency.

    4. In the absence of mistake or fraud, each payment made by you is final and will not be refunded in the event of termination. We will not issue refunds for any decrease to the Seats licensed, nor any pro rata discount in respect of any period between the termination of your licence during the Term and the expiry of the Term.  

    5. We reserve the right to remove, restrict or block your access to the Platform if you fail to make any payments to us when due under these Terms.

  5. Data Security 

    1. We have implemented robust security measures to safeguard any personal information you elect to disclose in your use of the Platform. However, please note that no system is completely immune to potential security breaches, unauthorised access or malicious attacks. 

    2. To the maximum extent permitted by law, we disclaim all Liability for loss or damage suffered by you or by a third party as a result of unauthorised or malicious access or activity to the Platform or its related services by a third party.

  6. Intellectual Property

    1. Unless otherwise indicated, we own all rights, title and interest (including Intellectual Property Rights) in the Platform and any related products or services owned by us. Nothing in these Terms is intended to grant any right, title or interest in the Platform or any associated Intellectual Property Rights.

    2. You must not, without our prior written consent or except as expressly permitted by these Terms: 

      1. copy, disseminate, publish, broadcast or circulate, in whole or in part, any information obtained from the Platform to any third party; or 

      2. breach any Intellectual Property Rights connected with the Platform, including by altering or modifying any of the information that appears on the Platform, causing any of the information to be framed or embedded in another website.

  7. Dispute Resolution 

    1. If you have a dispute regarding these Terms, you will first inform us in writing of that dispute and if requested, attend a meeting with us to resolve that dispute in good faith.

    2. If the dispute cannot be resolved in accordance with clause 7.1, either of us may, subject to any applicable limitation period, commence proceedings in the courts of New South Wales.

  8. Indemnity

You agree to indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your breach of these Terms.

  1. Limitation of Liability 

    1. To the maximum extent permitted by applicable law, including the Australian Consumer Law (ACL): 

      1. our aggregate Liability to you for any loss or damage in connection with your use of the Platform is limited to the greater of AUD $100 or the total fees paid by you in the 12 months preceding the event giving rise to the claim; and 

      2. we exclude all Liability for Consequential Loss arising out of or in connection with your use of this Platform, even if we have been advised of the possibility of such Loss.

    2. Nothing in these Terms is intended to exclude, restrict or modify the operation of ACL. 

  2. Termination

    1. We may terminate or suspend your access to the Platform without prior notice or Liability for any reason, including if you violate these Terms.

  3. General 

    1. You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

    2. You agree to the receipt of electronic mail and text messages from us, at the most recent email address or mobile telephone number you have provided to us in writing.  To the extent permitted by law, we are not liable for any loss arising from any event in relation to your electronic communications with us that is beyond our reasonable control.

    3. We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

    4. These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.  

    5. Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the email address or postal address you have provided to us.  Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 4 business days in the case of post, or at the time of transmission in the case of transmission by email.

    6. These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

    7. If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

  4. Definitions 

These Terms adopt the following definitions:

  1. Consequential Loss means any indirect, incidental, special, consequential or punitive loss or damage and includes the loss of profits, revenue, data, goodwill, reputation, business opportunity, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

  2. Intellectual Property means all intellectual property owned by us, and includes any trade marks, patents, domain names, know-how, inventions, processes, trade secrets, confidential information, circuit layouts, software, computer programs, databases or source codes, together with any application, or right to apply, for the registration of the foregoing and any improvements, enhancements or modifications of the foregoing.

  3. Intellectual Property Rights means rights in respect of the Intellectual Property, in any part of the world, for the duration of those rights, whether registrable or not.  

  4. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.