nailware

Terms

Last updated

About these terms

These terms apply when you use nailware (“we”, “us”). By making an account or a Booking, you agree to them. Our Privacy policy explains how we handle your information. Questions: privacy@nailware.app.

How nailware works

  • nailware is a booking and payments app. Each nail business on it (a “Business”) sells its own services.
  • When you book, your agreement for the service is with the Business, not with us. The Business is responsible for its services, prices, policies and your appointment.
  • We don’t provide, supervise or guarantee any Business’s services.
  • Card payments go to the Business through Stripe. The Business is the seller.

Your account

  • You need an account to book, and you must be 16 or over.
  • If you’re under 18, you need a parent or guardian’s OK. They’re responsible for what you book and owe.
  • Use your real name and an email you can get to. One person per account.
  • Keep your passkeys, devices and email secure. You’re responsible for what’s done with your account.

Booking

  • Before you book, the booking page shows the Service, time, price, how you’ll pay, and the Business’s cancellation policy and fees.
  • A price range is an estimate. The final price is agreed with the Business at your appointment.
  • Some Bookings need the Business’s approval. A Business may decline or cancel a Booking.
  • The Business’s cancellation policy, as shown when you booked, applies to your Booking.
  • Refunds are up to the Business, under its policy and the law.

Paying with a saved payment method

A Business that takes card payments may ask you to save a payment method with it. When you save or reuse it, you authorise that Business to:

  • charge it after each appointment, for the amount agreed;
  • place a card hold on it the day before, of up to the price (the top of a price range);
  • charge the no-show and late fees shown when you booked.

Also:

  • These charges can be made without you there. We and Stripe process them on the Business’s behalf.
  • A card hold lowers your available balance until it’s taken or released. Some banks show it as a charge.
  • If a charge fails, you may get a link to pay. You still owe the amount.
  • You can replace or remove the method from your account, but not while an upcoming Booking with that Business uses it.

Using nailware fairly

Don’t:

  • book without meaning to turn up, or book for someone without their OK;
  • give false details, or use a payment method you’re not allowed to use;
  • harass or abuse a Tech or anyone else;
  • copy, scrape, reverse engineer or overload nailware, or get around its security;
  • use nailware for anything unlawful.

We may suspend or close an account, or remove content, if we think these terms have been broken or to protect others.

What you add

Notes and other things you add stay yours. You let us store, use and show them as needed to run nailware. Make sure they’re lawful and yours to share.

Our service

  • We provide nailware as it is and as available. We don’t promise it will always be available, free of errors or right for your needs.
  • We may change, suspend or stop any part of it at any time.
  • We don’t currently charge Clients to use nailware.

Your rights as a consumer

If you’re a consumer, you have rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other laws that can’t be taken away. Nothing in these terms limits them. Rights about a nail service are against the Business that provides it.

Our liability

As far as the law allows:

  • we’re not liable for a Business’s services, conduct, cancellations, charges or refunds;
  • we’re not liable for indirect or consequential loss, or for lost profit, revenue, data or opportunity;
  • we’re not liable for anything outside our reasonable control, such as outages at our providers, on networks or on devices;
  • our total liability to you for anything to do with nailware is NZ$100, or for a Business, the fees it paid us in the 12 months before the claim if that’s more.

Ending

You can stop using nailware at any time and ask us to close your account. We may suspend or close accounts as set out above. Terms that by their nature should last after that, do.

Changes

We may change these terms. The date at the top shows when they last changed. If a change significantly affects you, we’ll take reasonable steps to tell you. If you keep using nailware after a change, the new terms apply. A change doesn’t affect a Booking already made.

Law

New Zealand law governs these terms, and New Zealand courts decide any dispute about them.

For Businesses

If you run a Business on nailware, these apply too.

Stripe

  • Card payments use Stripe Connect. By connecting a Stripe account, you agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement.
  • Stripe checks your identity, holds your funds, pays you out and charges its own fees. We’re not responsible for Stripe’s decisions, holds, payouts or fees.
  • You let us set up and manage your Stripe account’s settings, and share information with Stripe, as needed to run payments.

Your services

  • You’re the seller. You’re responsible for your services and their quality and safety, your prices, policies, fees, refunds and receipts, your tax including GST, and following the law, including consumer law.
  • Your cancellation policy, fees and booking rules must be clear and lawful. We don’t check them.
  • Charge Clients only as they agreed: the amount agreed, card holds, and the fees fixed on their Booking. You handle refunds and disputes with your Clients.

Client information

  • Use what you get about Clients only to provide and manage their Bookings, and as the law allows.
  • You’re responsible under the Privacy Act for what you collect and hold, including your notes about Clients. Clients may ask to see them.
  • Don’t send Clients marketing without their consent.

Fees

We may charge fees, including a fee on card payments. We’ll tell you before a new fee applies to you.

In trade

  • You use nailware for business. The Consumer Guarantees Act 1993, and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986, don’t apply between us, and you agree that’s fair and reasonable.
  • You’ll cover our losses and costs from claims about your services, your dealings with Clients, or your breach of these terms or the law.
  • We may pause your booking page or payments at any time, for example to manage risk or when Stripe requires it.