Tommy Gun's App - Terms and Conditions

This Tommy Guns Check In App (App) is operated by Tommy Guns Australia Pty Ltd ACN 604 651 694 (Tommy Guns).  By downloading and / or using this App you are agree to these terms and conditions and to comply with any applicable law.  These terms and conditions may be amended from time to time without notice, and any changes are effective from the time the amended terms and conditions are posted. Your use of the App constitutes your acceptance of the amended terms and conditions.

You must have parental or guardian approval to access and use this App if you are not 18 years of age or over and parents and guardians must read and consent to these terms and conditions.

This App embeds links to or provides WebViews of the Tommy Guns website (at https://tommyguns.com.au/), by accessing the links and WebViews you agree to the Tommy Guns website terms and conditions (at https://tommyguns.com.au/pages/terms-and-conditions).  

Privacy

Tommy Guns may collect your personal information through this App and retain your appointment history.  The Tommy Guns Privacy Policy provides information on how Tommy Guns collects, uses and deals with your personal information.  Please see our Privacy Policy at https://tommyguns.com.au/pages/privacy-policy.  

User Profile

You acknowledge and agree that a user profile, titled “My Profile”, is required to check into services using the App and that a user profile may be required to access other functions and features of the App.  You are responsible for the confidentiality of your user profile, access to the App, any password, and for securing your device. You acknowledge and agree that only the holder of the user profile may use the check in function and other features of the App.  You are also responsible for ensuring the information in your user profile is current and correct.

You may not assign your user profile or App and related terms and conditions to another person.

Notwithstanding that the check in function and other features of the App may only be used by the holder of the user profile, in the event you are using a user profile that is not your user profile you represent and warrant to us that you have authority to use that user profile and App and to legally bind the holder of the user profile and App to these Terms and Conditions and, to the extent you do not have authority to use the user profile or the App, you assume all liability under these terms and conditions.

Text Messages (SMS) and Other Contact

By using this App you agree that Tommy Guns can contact you, using the phone number provided by you in your user profile, either by calling you or sending a SMS to you, or by email for the purpose of providing information and alerts to you about your appointments, other services related to the use of this App and / or for other services consented to by you, such as marketing.  You may opt out of being contacted by phone, SMS or email by contacting the number on the SMS, using the unsubscribe link on the email or using the Tommy Guns Privacy Officer contact information (email, telephone or address) provided in our Privacy Policy at https://tommyguns.com.au/pages/privacy-policy.  However, if you unsubscribe some or all of the services provided through this App may not be available to you.   To the extent permitted by law you acknowledge that you are responsible for data charges and / or other charges from your service provider, or a service provider, incurred by receiving SMS, email or phone contact.

Use of the App and Restrictions on Use of the App

Tommy Guns may change the functionality of the App and the availability of features on the App from time to time without providing notice.

This App may only be used by you for personal non-commercial purposes.  You may only use this App for lawful purposes.  When using this App you must not, and you must not attempt to: interfere with any security related features of this App, any functions of this APP, modify the content of this App, reverse engineer the App, copy or re-sell all or any part of the App, damage, modify or interfere with the software of this App, link the App with any other service, disrupt or otherwise interfere with this App or the equipment supporting and hosting this App, including servers and the network, use the App for data gathering, including by use of robots, screen scraping or other data mining tools or data extraction tools, interfere with another person’s personal information or provide / use the personal information of another person.

Accessing the App, Updates, Third Party Networks and Third Party Devices

You acknowledge that it is your responsibility to manage updates for the App and to manage third party device compatibility and updates.  You acknowledge that you are responsible for data charges and / or other charges from your service provider, or a service provider, incurred by using the App, accessing links and WebViews, accessing third party websites or third party Apps, downloading App updates, and other related updates or through your use otherwise connected with this App.

Information Provided on the App

Tommy Guns endeavours to be as accurate as possible in the information provided on this App.  While care is taken in providing information on this App, including information about wait times, Tommy Guns stores, available barbers, services, services prices, Sunday and Public Holiday surcharges, promotions, products and product descriptions, to the extent permissible by law Tommy Guns, its employees, related parties, directors, officers, agents, contractors and collaborators do not warrant the accuracy or completeness of the information provided and do not accept liability, including for any loss or damage, that results from reliance on information provided on this App.

Intellectual Property

Trademarks, including logos and brand names, photographs, video, text, information, look and feel, images, music, sounds, audio, designs, data compilations and software, and other materials used on this App are protected by trademark, copyright and intellectual property law.

Unless otherwise indicated reproduction of any part of this App is unlawful.  Unless otherwise indicated Tommy Guns trademarks, copyright material and other material protected by copyright may only be reproduced with the written consent of Tommy Guns.  Where reproduction is permitted that reproduction may only be used for personal non-commercial purposes.

Third Party Content, Hyperlinks, WebViews and Advertising

This App may contain hyperlinks to third party content and websites, third party content, paid advertising and other material derived from third parties (Third Party Content).  The presence of Third Party Content on the App or hyperlinks or WebViews to Third Party Content is not to be taken as a recommendation, endorsement or approval of the Third Party Content by Tommy Guns, its employees, related parties, directors, officers, agents, contractors and collaborators.  Tommy Guns, its employees, related parties, directors, officers, agents, contractors and collaborators do not warrant the accuracy or completeness of any Third Party Content and do not warrant a third party website or third party App is free of viruses, malware or other tangible or intangible things that may cause damage.  Any complaint relating to Third Party Content accessed through a hyperlink on this App, or otherwise through this App, should be directed to the third party website or third party App containing the Third Party Content.  When using Third Party Content you acknowledge that the third parties may have terms and conditions and privacy policies that may apply to their content.

Cookies and Viruses

In relation to this App you consent to us using and gathering data using cookies, which you may be able to disable through your device and / or browser.  Tommy Guns does not warrant that this App or any related WebViews, links or hyperlinks, are virus free or free of other tangible or intangible things that may cause damage.    

Payment and Pricing

All services booked through the App are payable directly to the Tommy Guns store in which the service is booked.  Unless otherwise indicated prices provided are in Australian Dollars and include GST.

Limitation of Liability

You use this App at your own risk.  You acknowledge and agree that, to the fullest extent permitted by law, Tommy Guns, its employees, related parties, directors, officers, agents, contractors and collaborators exclude liability, including direct or indirect loss, consequential loss, including damages for loss of profits, punitive and loss of opportunity, incurred that may arise from the use of the App, including through the use of content and information, inaccuracies or incompleteness in the content, Third Party Content, fraud, tampering, any interruption to your business, disruptions, delays, viruses, malware or other tangible or intangible things that may cause damage, corruption of data, system malfunctions and failures, or other events beyond our control.

To remove doubt nothing in these terms and conditions seeks to limit or exclude any consumer guarantees provided under the Competition and Consumer Act 2010 (Cth) or similar State or Territory legislation, or other statutory rights, except to the extent permitted by law, or to limit any or exclude any liability except to the extent permitted by law.

Indemnity

You agree to indemnify and keep us indemnified against any damage, loss or costs incurred by us in connection with your use of the App, a breach of these terms and conditions, any inaccurate or false information provided by you, or the contravention of any law by you in connection with your use of this App.

Waiver

No waiver of a breach of these terms and conditions will be construed as a waiver by us of any other past or future breach of these terms and conditions.

Termination

If Tommy Guns determines in its discretion that you have breached these terms and conditions Tommy Guns may immediately, without issuing notice, suspend or permanently prevent you from accessing this App in part or in whole if, in our reasonable opinion, you breach a provision of these terms and conditions.  Tommy Guns may also commence legal proceedings and / or contact law enforcement agencies in relation to the breach.  Tommy Guns may use any information provided by you on this App to law enforcement agencies or for the purpose of legal proceedings in relation to a breach.

Tommy Guns may discontinue the App at any time at its complete discretion.

Severability

Where a provision of these terms and conditions is held to be unlawful, void, invalid or otherwise unenforceable, that part or provision will be severed to extent necessary and the remainder of the terms and conditions will remain in full force and effect.

Force Majeure

Tommy Guns is not liable for our breach of our obligations under these terms and conditions if we are unable to fulfil our obligations due to an event beyond our reasonable control, including severe weather, fire, flood lightning, natural disaster, strikes, malicious damage, telecommunication or power or network failure, violent or disruptive events and events associated with any of these events.

Notices

Notices must be in writing and may be given by email unless otherwise stated in the terms and conditions or subsequently stated in writing by us.  Tommy Guns can be reached at info@tommyguns.com.au or 130 Links Avenue South, Eagle Farm Qld 4009.

Jurisdiction

These terms and conditions are governed by the laws in force in the State of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in respect of any claim arising out of these terms and conditions.

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