Welcome to haircareaust.com (The "Site").
By accessing or using the Site (including placing an order for the purchase of Products through the Site), you are undertaking and acknowledging to Haircare Australia that you have read and understood these materials, and agree, without limitation or qualification, to be bound by these Terms and Conditions. If this is not correct, or you do not agree to any aspect of these Terms and Conditions, please immediately leave the Site, and do not access or use it.
Haircare Australia attempts to be as accurate as possible when describing its Products on the Site; however, to the extent permitted by applicable law, Haircare Australia does not warrant that the Product descriptions, colours, information or other any other aspect of the content available on the Site is accurate, complete, reliable, current, or error-free.
The following terms and conditions apply to all orders ("Orders") for products available for purchase from Haircare Australia ("Products") that are placed through this Site.
a. Prices and Payments
All Product prices stated are in Australian Dollars, and unless otherwise expressly indicated, include GST but exclude handling and delivery charges. Handling and delivery charges will be calculated once you have selected your preferred delivery options and will be displayed on-screen for you at the checkout, just before you are asked to confirm and submit your Order. You agree to pay all GST, handling and delivery charges in respect of any Products you order.
Haircare Australia reserves the right to change or alter prices of Products without notice. The price payable by you for a Product will be the price applicable on the date you submit your Order.
The price payable for Orders, including all GST, handling and delivery charges ("Price") will be charged in full at the time an Order is placed. Payment must be cleared before Products will be dispatched by Haircare Australia for delivery.
You must pay for Products using a credit card of a type accepted by Haircare Australia, as indicated on the Site, Pin Payments or by PayPal account. Haircare Australia does not accept cheque, money orders, cash, electronic funds transfers, or any other form of payment for Products. For security, if you pay by credit card, Haircare Australia requires that your billing name and address match that of the credit card used for payment, and reserves the right to cancel any Order which does not meet this requirement.
Haircare Australia uses the online payment gateway systems operated by PayPal Australia Pty Limited ("PayPal System") and Southern Payments Systems Pty Ltd ACN 154 451 582 trading as Pin Payments (“Pin Payments System") to facilitate the making of payments through the Site. If you do not agree to use of either the PayPal System or the Pin Payments System you will be unable to purchase Products through the Site. See Section (t) below for further information about processing of payments made through the Site.
b. Product Availability
All Products displayed on the Site have been included in good faith on the basis that the Products as described will be available at the time of sale.
If a Product is not in stock at the time of your Order, you will be notified this by email, and advised of the expected shipment date. Your Order will be fulfilled by Haircare Australia once new Product stock is received. You may at any time prior to shipment cancel an Order for a backordered item, as specified in Section (f) below and a refund for the Price of the Product will be made to you.
From time to time, Haircare Australia may make available certain new Products for advanced purchase. These Products will be dispatched as soon as they are available. Haircare Australia will keep you updated as to the status of any advance purchases of Products you make through the Site via email. Your Order will be fulfilled by Haircare Australia once stock of the new Product is received.
You must be at least eighteen (18) years of age to place an Order for Products with Haircare Australia. By submitting an Order, you warrant and represent that you are at least 18 years old.
The information available on the Site constitutes an invitation to treat, and does not constitute an offer by Haircare Australia to sell any Products to you. By submitting an Order for Products and making payment of the Price through the Site, you are making an Offer to Haircare Australia to purchase the Products selected for the Price paid, on these Terms and Conditions to the exclusion of all others. A contract between you and Haircare Australia, for the supply by Haircare Australia, and the purchase by you, of the Products selected in your Order will come into effect only once your Order has been accepted by Haircare Australia.
You acknowledge and agree that Haircare Australia will only be considered to have accepted your Order when it provides you with confirmation of receipt of your Order. If you do not receive such confirmation from Haircare Australia within 24 hours of placing your Order, your Order will be deemed to be rejected (except where non-receipt by you of a confirmation during this period is due a technical difficulty experienced by Haircare Australia), and Haircare Australia will refund to you the payment of the Price you have made in full. In the event that your Order is cancelled by Haircare Australia following acceptance, Haircare Australia will refund to you the payment you have made in full.
Haircare Australia reserves the right to refuse to accept Orders, or to cancel Orders once accepted, in its sole discretion. Haircare Australia will notify you if any Order you place is cancelled or rejected.
Please ensure that the delivery address and recipient details listed in your Order are accurate and complete, as Orders and details are unable to be changed once an Order has been placed. Haircare Australia will not accept responsibility for late delivery, or non-delivery, due to incomplete or incorrect details being provided.
In any single Order, you may purchase up to six (6) of any Product. At all times, the total value of any single Order for the purchase of Products you place must not exceed $750 (excluding GST and handling and delivery charges).
Products are only available for delivery in Australia. Haircare Australia uses the services of Australia Post to deliver Products to you and accordingly, accepts no responsibility for late delivery, or your failure to receive Products which have been dispatched by Haircare Australia.
The amount of handling and delivery charges payable by you will depend upon the delivery option you select at the time of ordering Products, and will be charged to you in full at the time your Order is placed.
Risk in the Products will pass to you upon dispatch. Title to the Products will pass to you once your payment has been cleared and received by Haircare Australia.
Certain Products sold by Haircare Australia require special handling, in accordance with applicable laws and regulations. These requirements affect the manner of delivery of these particular Products. Haircare Australia may therefore on occasion be unable to dispatch products for delivery to nominated addresses, and reserves the right to cancel Orders which are affected by the applicable requirements.
f. Returns and Cancellation of Orders
If at any time you are not completely satisfied with the Products ordered from Haircare Australia, simply return the unused and unopened portion of your Products to Haircare Australia by following the process set out below. Haircare Australia will be happy to exchange the items for other Products of your choice which have an equivalent purchase value to the returned Products.
To return and exchange Products, please (i) make a copy of your original invoice (and include your payment information on the back of the invoice if the total cost of your exchange will exceed the value of Products being returned) (ii) enclose this copy, together with the unused and unopened portion of your Products in your return parcel, which should be packed carefully to avoid damage in transit and (iii) address and send your parcel to Haircare Australia, Returns Department, PO Box 700, Marleston DC SA 5033, Australia.
For your protection, Haircare Australia recommends that all return parcels be insured and sent using a delivery method which can be tracked by you in the case of loss in transit. You are responsible for meeting the costs of returning Products to Haircare Australia for exchange, and risk in the Products being returned remains with you until they are received by Haircare Australia.
Unless the procedure set out in this Section is followed, (subject only to applicable law, and without affecting Section (o) below), Haircare Australia will not accept return of Products, and will not refund the Price of Products once purchased by you.
Once placed and accepted by Haircare Australia, Orders may cancelled by you at any time prior to the dispatch of Products to you by Haircare Australia. To cancel your Order, please contact Haircare Australia by emailing email@example.com or calling Haircare Australia's customer service at 1300 437 436. In the event that you elect to cancel your Order, Haircare Australia will refund to you the Price you have paid. In no circumstance can you cancel your Order once Products have been dispatched to you. However, you can exchange Products as described above in this Section.
g. Your Account
You agree to accept sole responsibility for all activities that occur under your account, username and/or password, including but not limited to all purchases of Products. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as principal to all aspects of these Terms and Conditions, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for any damage, costs, liability or other harm caused by any wrongful use of the Site or any Content resulting from such access or use.
You acknowledge and agree that you are liable to Haircare Australia for any losses or damage sustained by it directly, indirectly, consequentially, or in any other way, as a result of any unauthorised use of your account, username or password, and you may be similarly liable to other third parties. For the avoidance of doubt, you acknowledge and agree that Haircare Australia assumes no responsibility or liability for losses, damages, claims and other harm or causes of action resulting from unauthorised use of your account, username or password.
Haircare Australia reserves the right to refuse to sell Products or to provide access to the Site or services and/or to terminate accounts at any time without prior notice, including but not limited to if you or someone using your account breaches any aspect of these Terms and Conditions.
h. Intellectual Property
All information and content available on the Site, including but not limited to all intellectual property rights in the domain www.haircareaust.com and other domain names, trade marks (including but not limited to "HAIRCARE AUSTRALIA"), logos, text, images, graphics, photographs, data compilations, software, and modifications and updates to this material which may be made from time to time (collectively, the "Content") is the sole and exclusive property of Haircare Australia, and is protected by Australian and international laws, including laws governing copyright and trade marks.
Except as permitted by the licenses provided for in Section (i) below, neither the Content nor any portion of the Site can be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without Haircare Australia's express prior written consent.
Haircare Australia grants you a limited, revocable, and non-exclusive licence to:
• access and make use of the Site, the functionality it offers and Content for your personal use or for the purposes of purchasing Products for use in your hairdressing business. The Site cannot be used for any other purposes (including but not limited to commercial purposes other than purchasing Products for use in your hairdressing business) without the prior written authorisation of Haircare Australia; and
• create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of Haircare Australia's Content; (ii) must not imply that Haircare Australia is endorsing that website or its services or products; (iii) must not misrepresent its relationship with Haircare Australia; (iv) must not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) must not portray Haircare Australia or its Products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate Haircare Australia with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. Haircare Australia can, in its sole discretion, request that you remove any link to the Site, and upon receipt of such request, you must immediately remove and not again include such link, unless you receive written authorisation from Haircare Australia. In the exercise of the licences granted to you by Haircare Australia, you must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site or any Content.
The licenses set out above are granted to you by Haircare Australia in good faith, and do not include the right to:
• frame or utilise framing techniques to enclose the Site or any portion thereof;
• republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site);
• make any use of the Site or any and/or all Content other than personal use, or for the purposes of purchasing Products for use in your hairdressing business;
• modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content;
• collect account information for the benefit of yourself or another party;
• use any meta tags or any other "hidden text" utilising any and/or all Content; or
• use any form of data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on the Site or Haircare Australia's infrastructure.
Any unauthorised use by you of the Site or any and/or all of Haircare Australia's Content, or any other breach or contravention of these Terms and Conditions, automatically terminates the licenses granted to you by this Section without prejudice to any other remedy available to Haircare Australia.
j. Your Obligations and Responsibilities
When accessing or using of the Site, you must comply with these Terms and Conditions, and any other instructions for access or use posted on the Site, and must at all times act lawfully and in good faith.
You must not make any change or alteration to the Site, its functionality or any Content, and must not interfere in any way with the operation or functionality of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you negligently or wilfully contravene any of your obligations under these Terms and Conditions, you will be liable for all the losses and damages that your actions cause to Haircare Australia, its related entities, affiliates, partners, authorised distributors, licensees, or licensors, and must indemnify Haircare Australia, its related entities, affiliates, partners, authorised distributors, licensees, or licensors for any losses and damages sustained in accordance with Section (o) below.
k. Your Submissions, User Content, and Notification of Infringements
By making a Submission, you represent and warrant to Haircare Australia that you own or otherwise control the rights to it, and that it is lawful and does not contain any viruses or similarly harmful material. You must not use a false email address, impersonate any person or entity, or otherwise mislead Haircare Australia as to the origin of any Submission, and agree to indemnify Haircare Australia for all claims arising from or in connection with any claims to any rights in any Submission or any damages or losses arising from any Submission.
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials, regardless of whether or not this is done through your account, username or password ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission.
You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site Submissions or User Content that:
• is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, breaches the privacy of another person or is racially, ethnically or otherwise objectionable;
• you do not have a right to make available;
• is known or suspected by you to be false, inaccurate or misleading;
• for which you were paid or otherwise compensated by another party; or
• infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party. You also agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorised advertising, solicitation or promotional material, including chain letters and mass mailings.
You further agree not to:
• impersonate any third party, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• "stalk" or otherwise harass any third party via the Site;
• intentionally or unintentionally violate any applicable law; or
• access, collect or store personally identifiable data about other visitors to the Site.
Haircare Australia does not endorse or control the User Content transmitted or posted on the Site and therefore, does not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, there is a possibility that you may be exposed to User Content that is offensive, indecent or objectionable to you. To the extent legally possible, under no circumstances will Haircare Australia be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content made available via the Site.
Haircare Australia reserves the right to change or delete any User Content. You acknowledge that Haircare Australia has the right (but not the obligation) in its sole discretion to refuse to post User Content, or to remove any posted User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Haircare Australia has the right to delete any User Content that violates these Terms and Conditions or is otherwise objectionable, and reserves the right to refuse to sell Products, provide service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Haircare Australia respects the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes an infringement of intellectual property rights (including copyright) infringement, please email firstname.lastname@example.org and notify Haircare Australia of a claimed infringement, stating the relevant details including identification of the original, and allegedly infringing material, your contact information, a statement that you are reporting the alleged infringement in good faith, and a statement that you are the owner of the relevant intellectual property rights, or authorised by such owner to act on his/her behalf.
l. Third Party Sites
Haircare Australia is not responsible for the content of any off-Site websites or pages, including but not limited to any other websites linked to or from the Site ("Third Party Sites"), and makes no warranties regarding any aspect of Third Party Sites. Links to Third Party Sites contained on the Site are for convenience only and are not an endorsement by Haircare Australia, its related entities, affiliates, distributors or partners of the referenced content, product, service, or supplier. You acknowledge and agree that accessing any Third Party Sites is an activity undertaken by you at your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Sites that you visit.
m. Special Features, Functionality and Events
n. Representations and Warranties
The Site is presented "as is". Haircare Australia makes no representations, guarantees or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions, the products or the Site, including but not limited to warranties or guarantees of merchantability, acceptable quality, non-infringement or fitness for a particular purpose, except to the extent such representations, guarantees or warranties are not legally excludable.
You warrant that you have authority to enter into and to perform your obligations under these Terms and Conditions, and that you have the ability to perform, and will perform, your obligations under these Terms and Conditions.
To the extent permitted by law:
• Haircare Australia excludes all warranties, terms, conditions and guarantees regarding the Products and any other goods or services supplied to you which are implied by law (including general law) or custom; and
• you warrant and represent that you are located in Australia, and are relying on your own skill and judgement in relation to the quality of any Products purchased through the site, their fitness for any purpose that may be required and not upon any conduct or representation by Haircare Australia, its related entities, affiliates, partners, authorised distributors, licensees and licensors or any of their respective officers, employees or agents.
o. Indemnity and Limitation of Liability
You agree to indemnify Haircare Australia and its related entities, affiliates, partners, authorised distributors, licensees and licensors and each of their respective officers, employees and agents from and against any claim or cause of action (including in contract, tort or under statute) arising in connection with the Products (including but not limited to their purchase, delivery and use). You agree to defend, indemnify and hold Haircare Australia and its related entities, affiliates, partners, authorised distributors, licensees and licensors and each of their respective officers, employees and agents harmless for any loss, damages or costs, including reasonable legal costs on a solicitor-own client basis, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions (including a breach of any warranties provided by you under Section (n)).
To the extent permitted by law, you unconditionally free, release and discharge Haircare Australia, its related entities, affiliates, partners, authorised distributors, licensees and licensors and each of their respective officers, employees and agents from any claim or cause of action (including in contract, tort or under statute) arising in connection with the Products or your use of the Site.
You agree that, to the fullest extent permitted by applicable law, Haircare Australia and related entities, affiliates, partners, authorised distributors, licensees and licensors and each of their respective officers, employees and agents will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of Third Party Site links on the Site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during purchase of Products or hyperlinks to or from Third Party Sites (f) any inaccuracies or omissions in content (g) events beyond Haircare Australia's reasonable control or (h) any loss of any kind whatsoever connected with the Products including without limitation, for indirect or consequential loss (including loss of profits or loss arising from any non-delivery, failure, defect or deficiency in the Products) even if due to the negligence of Haircare Australia or that of its related entities, affiliates, partners, authorised distributors, licensees and licensors or any of their respective officers, employees and agents, or arising out of or in connection with the Products.
Further, to the fullest extent permitted by law, Haircare Australia and its related entities, affiliates, partners, authorised distributors, licensees and licensors and each of their respective officers, employees and agents will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Site or your use of it (including but not limited to your purchase of Products) regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Haircare Australia has been advised of the possibility of such damage.
Haircare Australia acknowledges and agrees that State and Commonwealth legislation (including the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) implies certain non-excludable guarantees, warranties and conditions into particular agreements for the supply of goods and services, which cannot be excluded, restricted or modified ("Non-Excludable Guarantees"). Haircare Australia does not exclude, restrict or modify any Non-Excludable Guarantees and nothing in these Terms and Conditions is intended or is to be construed as doing so, or affects any remedies available to you at law and which cannot be lawfully excluded by Haircare Australia, including in respect of any of the Non-Excludable Guarantees which may be applicable.
Notwithstanding anything to the contrary in these Terms and Conditions, the liability of Haircare Australia and its related entities, affiliates, partners, authorised distributors, licensees and licensors and each of their respective officers, employees and agents to you (including in respect of any Non-Excludable Guarantees that may be applicable) is limited to either (at Haircare Australia's sole discretion) (a) in the case of goods, including the Products - replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods, or payment of the costs of having the goods repaired or (b) in the case of services – re-supplying the services, or paying to you the cost of having the services re-supplied.
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from Haircare Australia electronically including without limitation by e-mail or by posting notices on this Site. To withdraw your consent to receive Notices electronically, you must notify Haircare Australia by sending an email to email@example.com and discontinue your use of this Site. If you discontinue your use of the Site, all rights granted to you by Haircare Australia pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section (i) above, will automatically terminate.
r. Governing Law
These Terms and Conditions are governed by the laws of the state of South Australia. You and Haircare Australia expressly submit to the exclusive jurisdiction of the courts of South Australia in respect of all matters arising in respect of these Terms and Conditions.
You acknowledge and agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and Haircare Australia concerning your use of the Site and any purchase of Products which you make via the Site, and supersede and takes precedence over all prior communications and agreements between the parties.
Haircare Australia may at any time, in its sole discretion, change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site, or at such future time as may be indicated in the posting. Your continued use of the Site after a change has been posted to the Site constitutes your agreement to the revised Terms and Conditions. While Haircare Australia will make all reasonable attempts to provide you with notice of any changes in accordance with Section (p), you acknowledge and agree that to the extent permitted by law, Haircare Australia is under no obligation to notify you when these Terms and Conditions are amended, and that your continued use of the Site will constitute and signify your acceptance of any amendments made from time to time.
You acknowledge the right of Haircare Australia to take action against you to prevent a breach of these Terms and Conditions and further acknowledge that damages may not be an appropriate remedy in those circumstances. You expressly agree and acknowledge that you are not authorised or permitted to bind Haircare Australia in any way whatsoever in relation to any contract or agreement with any third party, and agree that you will do all things necessary to give full effect to these Terms and Conditions and any transactions contemplated by them.
Haircare Australia may, with or without prior notice and with or without cause, terminate any of the rights granted by these Terms and Conditions. You will comply immediately with any termination or other notice issued by Haircare Australia to you, including, as applicable, by ceasing all use of the Site. Haircare Australia's failure to require your performance of any provision of these Terms and Conditions will not affect its right to require such performance at any time thereafter, and nor will its waiver of a breach of any provision of these Terms and Conditions be taken or held to be a waiver of the provision itself.
The relationship between you and Haircare Australia is one of independent contractors, and nothing in these Terms and Conditions will be construed as creating any agency, partnership, or other form of joint enterprise or fiduciary relationship between the parties.
Every provision of these Terms and Conditions is independent of the other. In the event that any provision of these Terms and Conditions is unenforceable or invalid under any applicable law, such unenforceability or invalidity will not render these Terms and Conditions unenforceable or invalid as a whole. Rather, any provision which is prohibited or unenforceable in any jurisdiction will be ineffective to the extent only of such prohibition or unenforceability, and the other provisions will continue in full force and effect.
t. Data Security and Fraud Prevention
As specified in Section (a) above, Haircare Australia uses the PayPal System and the Pin Payments System for all purchases made directly via the Site. Accordingly, provided payment information (which may include personal information about you such as your name, address or payment information) is transmitted to the Pin Payments System or the PayPal System (as selected by you at the time of making payment) for processing.
Haircare Australia is not responsible for the operation of the Pin Payments System or the PayPal System, and separate terms and conditions and privacy policies apply to these. Haircare Australia recommends that you read and review these prior to making any purchase through the Haircare Australia website. If you do not agree with any of the terms and conditions or privacy policies which apply to the Pin Payments System or the PayPal System, you must not submit an order for Products via the Site (and if you have submitted an order, you must immediately cancel it).
Haircare Australia uses the industry standard security protocol Secure Sockets Layer ("SSL") to encrypt all sensitive information (like your credit card details, and any other personal details about you such as your name and address) that passes between your computer and the Site, and is transmitted by Haircare Australia to the Pin Payments System or PayPal System (as selected by you) for your payment to be processed. Haircare Australia employs the latest 128-bit encryption technology in all areas of the Site which require you to provide your personal, payment or account information. This means that the credit card information you send is encrypted by your computer, and then decrypted again by Haircare Australia, preventing others from accessing your private information in transit. The same process applies when Haircare Australia transmits your information to the Pin Payments System or PayPal System (as appropriate) to enable processing of your payment. Accordingly, when your provide credit card information on the Site, it is passed directly to the Pin Payments System or PayPal System (as selected by you) via an SSL secured payment gateway and is at no stage permanently stored on our website, in Haircare Australia's database or on its server.
u. Questions, Comments and Concerns
If you have any questions, comments or concerns regarding these Terms and Conditions, please email Haircare Australia at firstname.lastname@example.org