TERMS OF SERVICE

The agreement between you and Botanica 1 Pty Ltd trading as Lumé governing your use of the Lumé website and mobile applications.

1. About these Terms

1.1 Who you are contracting with

These Terms of Service (Terms) form a legally binding contract between you and Botanica 1 Pty Ltd (ABN: 45 647 833 583) trading as Lumé (Lumé, we, us or our). Lumé™ is a brand, trading name and trade mark of Botanica 1 Pty Ltd, which is the operator of the Platform and the developer of record for the Lumé mobile applications on the Apple App Store and Google Play.

1.2 Acceptance

By creating an account, making a booking, or otherwise accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform. If you are using the Platform on behalf of a business or another person, you warrant that you have authority to bind that business or person, and references to "you" include them.

1.3 Documents that form part of this agreement

These Terms incorporate by reference, and should be read together with, the following documents, each available at https://lume-book.com and within the applications:

• the Privacy Policy;

• the Cookie and Tracking Technologies Policy;

• the Mobile Application End User Licence Agreement, which governs your use of the Lumé applications;

• the Acceptable Use Policy;

• the Community Guidelines and Content Moderation Policy;

• the Cancellation, Refund and No-Show Policy; and

• the Complaints and Dispute Resolution Policy.

Where there is an inconsistency, these Terms prevail, except that the Mobile Application End User Licence Agreement prevails in relation to your licence to use the applications, and the Privacy Policy prevails in relation to the handling of personal information.

1.4 Changes to these Terms

We may amend these Terms from time to time. Where an amendment is material and adverse to you, we will give you at least 14 days' notice by email, by in-app notice, or by prominent notice on the website before the amendment takes effect. Amendments required to comply with law, or that are favourable or neutral to you, may take effect immediately. Continued use of the Platform after an amendment takes effect constitutes acceptance of the amended Terms. Amendments do not apply retrospectively to a booking already confirmed.

2. Definitions

In these Terms:

Booking means a request or confirmed appointment for a Service made through the Platform.

Client means a person who uses the Platform to discover, book or receive Services.

Content means any text, image, video, review, rating, message or other material available on or through the Platform.

Platform means the Lumé website at lume-book.com, the Lumé mobile applications, the Service Provider dashboard, the messaging and notification systems, and all related digital services operated by Lumé.

Service means a beauty, wellness or personal care service offered by a Service Provider through the Platform.

Service Provider means an independent salon, clinic, business or practitioner listed on the Platform that offers Services to Clients.

User Content means Content submitted, uploaded or transmitted by a user, including reviews, ratings, comments, photographs and messages.

3. What Lumé does, and what Lumé does not do

3.1 Lumé is an intermediary

The Platform is a technology platform and digital marketplace that enables Clients to discover Service Providers, view their availability, make Bookings, communicate with them and leave reviews. Lumé does not provide beauty, wellness or personal care services. Lumé does not employ, engage, supervise, direct or control Service Providers, does not set their prices, and does not determine how they perform a Service.

3.2 The contract for the Service is between you and the Service Provider

When a Booking is confirmed, a separate contract is formed directly between you and the relevant Service Provider for the supply of that Service. Lumé is not a party to that contract. The Service Provider is solely responsible for the supply, quality, safety, timing and legality of the Service, and for any consumer guarantees owed to you in respect of it.

3.3 No endorsement or verification of outcome

Lumé may carry out checks on Service Providers at the time of onboarding, including of business registration and stated qualifications, but Lumé does not warrant that any Service Provider holds a particular qualification, licence, insurance or standard of skill, and does not guarantee any treatment outcome. Listing on the Platform is not an endorsement.

3.4 Availability

We aim to keep the Platform available at all times but do not warrant uninterrupted availability. We may suspend the Platform for maintenance, upgrades, security or operational reasons, and will give notice where reasonably practicable.

4. Eligibility and accounts

4.1 Age

You must be at least 16 years old to create an account. A person under 16 may only use the Platform, or have a Booking made for them, with the consent and supervision of a parent or guardian who accepts these Terms on their behalf and is responsible for their use. Some Services may be restricted by law or by the Service Provider to persons aged 18 or over.

4.2 Accurate information

You must provide accurate, current and complete information when registering and must keep it up to date. Providing false information, or impersonating another person or business, is a breach of these Terms.

4.3 Account security

You are responsible for keeping your login credentials confidential and for all activity conducted through your account. You must notify us immediately at hello@lumebook.com if you become aware of unauthorised access. We may suspend an account where we reasonably suspect compromise, fraud or misuse.

4.4 One account per person

You may hold only one Client account unless we agree otherwise in writing. We may merge or close duplicate accounts.

5. Bookings

5.1 Making a Booking

Listings show a Service Provider's stated services, prices and availability, which are supplied and maintained by that Service Provider. A Booking request is an offer by you to acquire the Service on the terms shown. A contract is formed only when the Booking is confirmed through the Platform.

5.2 Accuracy of listings

While we require Service Providers to keep their listings accurate and not misleading, Lumé does not independently verify every listing. Where a Service Provider has made an error in price or availability, that Service Provider may decline or amend the Booking, and we will notify you promptly so that you may accept the change or cancel without charge.

5.3 Changes by the Service Provider

A Service Provider may need to reschedule or cancel a Booking. Where that occurs, you will be notified through the Platform and, where you have paid in advance through the Platform, you will be offered a rescheduled appointment or a full refund of amounts paid through the Platform.

5.4 Your attendance

You must attend the appointment at the time and place confirmed, and must comply with the Service Provider's reasonable requirements, including in relation to arrival time, patch testing, aftercare and health screening.

5.5 Health disclosures

Some Services carry risks that depend on your individual circumstances. You must disclose to the Service Provider, truthfully and in advance, any allergy, skin sensitivity, medical condition, medication, pregnancy or other matter that a reasonable Service Provider would need to know in order to supply the Service safely. Where the Platform provides a consultation form for this purpose, information you enter is handled in accordance with the Privacy Policy and is disclosed to the relevant Service Provider. Lumé does not provide medical advice and does not assess your suitability for any Service.

6. Prices, payments and fees

6.1 Prices

Prices displayed are set by the Service Provider and, unless stated otherwise, are in Australian dollars and inclusive of GST. Prices may be estimates where the final price depends on the length, complexity or products used in a Service. The Service Provider must inform you of any variation before proceeding.

6.2 How you pay

Depending on the Service Provider's settings, you may pay the Service Provider directly at the time of the appointment, or pay or part-pay through the Platform at the time of Booking. Where payment is taken through the Platform, it is processed by an authorised third-party payment provider. Lumé does not store complete card numbers.

6.3 Deposits

A Service Provider may require a deposit or pre-authorisation to hold an appointment. Deposits are applied to the price of the Service and are refundable in accordance with the Cancellation, Refund and No-Show Policy.

6.4 Fees charged to Clients

Lumé does not currently charge Clients a booking fee. If a fee is introduced, it will be disclosed clearly before you confirm a Booking, and only applies to Bookings made after it takes effect.

6.5 Fees charged to Service Providers

Lumé charges Service Providers subscription, transaction or service fees under the Service Provider Partner Agreement. Those fees do not alter the price you are quoted.

6.6 Failed, reversed, disputed or suspicious payments

If a payment fails, is reversed, is disputed, or appears fraudulent, Lumé or the Service Provider may take reasonable steps to resolve the issue, including requesting an alternative payment method, placing a Booking on hold, or suspending affected transaction functionality until the matter is resolved. We will tell you what has happened and what is required to resolve it.

6.7 No in-app purchase of digital goods

Services booked through the applications are supplied in the physical world and are therefore paid for outside the Apple in-app purchase system and Google Play's billing system, consistent with the rules of those stores. Neither Apple nor Google is a party to a Booking, is responsible for a payment, or has any refund obligation in relation to a Service.

7. Cancellations, changes, no-shows and refunds

Cancellations, rescheduling, deposits, late arrival, no-shows and refunds are governed by the Cancellation, Refund and No-Show Policy, which forms part of these Terms, and by the individual cancellation terms published by each Service Provider on their listing. Nothing in that policy limits your rights under the Australian Consumer Law where a Service is not supplied with due care and skill or is otherwise not as described.

8. Your obligations

You must:

• use the Platform only for lawful purposes and in accordance with the Acceptable Use Policy;

• treat Service Providers and their staff with respect, and not engage in harassment, discrimination, abuse or threatening behaviour;

• not request, and not seek to induce a Service Provider to supply, a service that is unlawful or that the Service Provider is not qualified or licensed to supply;

• not use the Platform to solicit Service Providers or Clients away from the Platform in order to avoid fees, where you are a business;

• not attempt to access another user's account, interfere with the operation or security of the Platform, or extract data from the Platform by automated means; and

• comply with all reasonable directions given by a Service Provider on their premises.

9. Reviews and User Content

9.1 Licence you grant

You retain ownership of your User Content. By submitting User Content you grant Lumé a worldwide, non-exclusive, royalty-free and sublicensable licence to host, store, reproduce, adapt, publish, translate and display that User Content for the purposes of operating, improving and promoting the Platform. This licence ends when the User Content is deleted from our systems, except that it continues for User Content that remains on the Platform after your account is closed, including reviews retained in de-identified form, and to the extent that copies must reasonably be retained for legal, security, backup or dispute purposes.

9.2 Warranties you give

You warrant that you own or are licensed to use your User Content, that it does not infringe any third party's rights, and that it complies with the Community Guidelines and Content Moderation Policy.

9.3 Review integrity

Reviews must be genuine and based on an actual experience of a Service booked through the Platform. Under the Australian Consumer Law it is unlawful to create, arrange or publish fake or misleading reviews. Lumé does not remove a review solely because it is negative, does not edit a review in a way that changes its meaning, and will clearly disclose any incentive offered for a review, which will be offered on the same terms regardless of whether the review is positive or negative.

9.4 Moderation

Lumé may remove or restrict User Content, and may suspend or terminate an account, in accordance with the Community Guidelines and Content Moderation Policy.

10. Communications from Lumé

We will send you transactional messages relating to your Bookings and your account, including confirmations, reminders, changes and security notices. These form part of the service and may be sent while your account is active. Marketing communications are sent only with your consent, always identify Lumé as the sender, and always include a functional unsubscribe facility, in accordance with the Spam Act 2003 (Cth). You may withdraw consent at any time in your account settings or by using the unsubscribe facility, and we will action it within 5 business days.

11. Intellectual property

All intellectual property rights in the Platform, including the Lumé name and logo, software, interfaces, designs, databases and Content published by Lumé, are owned by or licensed to Botanica 1 Pty Ltd. Lumé™ is used as a trade mark of Botanica 1 Pty Ltd. An application to register the Lumé trade mark has been filed with IP Australia and, as at the effective date of these Terms, remains pending. Nothing in these Terms represents that registration has already been granted. You are granted a limited, revocable, non-exclusive licence to access and use the Platform for its intended purpose. You must not copy, reproduce, adapt, publish, sell or create derivative works from any part of the Platform, or use the Lumé name or marks, without our prior written consent.

12. Third-party services

The Platform may link to or integrate with third-party websites, applications and services, including mapping, payment, messaging and calendar services. Those services are governed by their own terms and privacy policies. Lumé is not responsible for third-party services and does not endorse them.

13. Australian Consumer Law

13.1 Consumer guarantees are not excluded

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded or limited.

13.2 Guarantees in respect of Services booked

Consumer guarantees in respect of a Service booked through the Platform, including that it will be supplied with due care and skill and be fit for its purpose, are owed to you by the Service Provider that supplies it. Lumé's own consumer guarantee obligations extend to the technology services Lumé itself supplies to you.

13.3 Limitation where permitted

Where Lumé's liability for a failure to comply with a consumer guarantee may lawfully be limited, that liability is limited, at Lumé's election, to supplying the relevant service again or paying the cost of having it supplied again.

14. Disclaimers

To the maximum extent permitted by law, and subject to clause 13:

• the Platform is provided on an "as is" and "as available" basis and we exclude all implied warranties;

• we do not warrant that the Platform will be error free, secure or uninterrupted, or that defects will be corrected;

• we do not warrant the accuracy, completeness or currency of information supplied by Service Providers or by other users; and

• we are not liable for the acts or omissions of any Service Provider, including for the quality or outcome of a Service, personal injury, allergic reaction, treatment complication, property damage, or a Service Provider's failure to attend.

15. Limitation of liability

15.1 Excluded loss

To the maximum extent permitted by law and subject to clause 13, Lumé is not liable for any indirect, incidental, special, punitive or consequential loss, or for any loss of profit, revenue, goodwill, data, opportunity or anticipated saving, however arising, whether in contract, tort (including negligence), statute or otherwise.

15.2 Cap on liability

To the maximum extent permitted by law and subject to clause 13, Lumé's aggregate liability to a Client arising out of or in connection with these Terms or the Platform is limited to the greater of the total amount paid by that Client to Lumé in the 12 months preceding the event giving rise to the liability, and AUD $1,000. Where that limit would operate unfairly in the circumstances of a particular claim, Lumé's liability is instead limited to the amount that is fair and reasonable in the circumstances and permitted by applicable law.

15.3 Your responsibility

Our liability is reduced to the extent that your act or omission, or your breach of these Terms, caused or contributed to the loss.

16. Indemnity

You indemnify Lumé against any claim, loss, liability, cost or expense (including reasonable legal costs) suffered or incurred by Lumé arising out of or in connection with your breach of these Terms, your User Content, your unlawful conduct, or a claim brought against Lumé by a third party in relation to your use of the Platform. This indemnity does not apply to the extent that the loss was caused or contributed to by Lumé.

17. Suspension and termination

17.1 By you

You may stop using the Platform at any time and may delete your account in accordance with the Account Deletion and Data Rights Policy.

17.2 By Lumé

We may suspend or terminate your access, immediately and without notice where the circumstances warrant, if you breach these Terms, if we reasonably suspect fraud, unlawful conduct, or conduct that endangers another user, if required by law, or if you have not used your account for more than 24 months. Where practicable and lawful, we will tell you the reason and give you an opportunity to respond.

17.3 Effect of termination

Termination does not affect any Booking already confirmed, any accrued right or obligation, or any clause intended by its nature to survive, including clauses 9.1, 11, 13, 14, 15, 16 and 20.

18. Complaints and disputes

If you have a complaint, contact us at hello@lumebook.com. Complaints and disputes are handled in accordance with the Complaints and Dispute Resolution Policy. Before commencing proceedings, each party must attempt in good faith to resolve the dispute in accordance with that policy, except where a party seeks urgent interlocutory relief. Nothing in this clause prevents you from making a complaint to a regulator, including the Australian Competition and Consumer Commission, the Office of the Australian Information Commissioner, or your State or Territory fair trading authority.

19. Notices

We may give you notice by email to the address on your account, or by notice within the Platform. You may give us notice by email to hello@lumebook.com. Notice by email is taken to be received on the day it is sent unless the sender receives a delivery failure notification.

20. General

20.1 Governing law

These Terms are governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia. If you are a consumer ordinarily resident in another State, Territory or country, nothing in this clause deprives you of the protection of the mandatory consumer laws of that place.

20.2 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign or novate these Terms to a related body corporate or in connection with a sale of the business, provided your rights are not materially prejudiced.

20.3 Severance

If a provision of these Terms is invalid or unenforceable, it is read down to the extent necessary, or severed, without affecting the remaining provisions.

20.4 Waiver

A failure or delay in exercising a right is not a waiver of that right, and a waiver is effective only if given in writing.

20.5 Force majeure

Neither party is liable for a failure to perform an obligation (other than an obligation to pay money) to the extent that the failure is caused by an event beyond its reasonable control, provided it takes reasonable steps to mitigate.

20.6 Entire agreement

These Terms, together with the documents incorporated by clause 1.3, constitute the entire agreement between you and Lumé in relation to the Platform and supersede all prior representations and agreements. Nothing in this clause limits liability for fraud or for misleading or deceptive conduct.

20.7 Relationship

Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and Lumé.

21. How to contact us

Botanica 1 Pty Ltd trading as Lumé

Email: hello@lumebook.com

All enquiries — general questions, privacy and data requests, and content, safety or moderation reports — are received at this address and directed to the responsible person internally.

Lumé™ is a brand and trade mark of Botanica 1 Pty Ltd (ABN 45 647 833 583). An application to register the Lumé trade mark has been filed with IP Australia and, as at the effective date of this document, remains pending. Nothing in this document represents that registration has already been granted.