Welcome to www.thehaircaregroup.com the "Site". Please take some time to read the following terms and conditions applicable to purchasing products through this website.
Privity Pty Ltd ABN 007 887 729 trading as Haircare Group ("Haircare Group") provides the Site and all of its functionality to you subject to the following terms and conditions, Haircare Group's Privacy Policy (which applies to its online and offline activities) and any other terms and conditions and policies issued by Haircare Group which may be placed on the Site from time to time. All of these materials are deemed to be a part of, and incorporated into, these terms and conditions (collectively, "Terms and Conditions"). The Terms and Conditions apply to customers with an Australian delivery address.
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 Group 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.
Moroccanoil Be An Original Treatment Tag to Win Competition
By entering the Competition, you agree to be bound by the following Terms and Conditions:
Privity Pty Ltd ACN 007 887 729 trading as Haircare Group of 17-21 Commercial Street, Marleston SA 5033 (Promoter). The Competition commences at 8:00pm ACST on 25/04/2024 and ends at 12:00pm ACST on 06/05/2024 (the Competition Period).
Entry is open to all Australian and New Zealand residents, aged 18 years and older.
Directors, officers and employees of:
(a) the Promoter; or
(b) any companies or Commonwealth, State, Territory or local government agencies where the rules or guidelines applicable to such company or agency prohibit receipt of a prize; or
(c) the agencies or companies associated with this Competition,
and their immediate family members, cannot enter.
Any person who meets the above criteria is an ‘Eligible Entrant.’
Entry into the Competition is deemed acceptance of these Terms and Conditions.
The Promoter may require you to verify that you are an Eligible Entrant by providing evidence of your name, address, date of birth, email address or other personal details. Identification considered suitable for verification is at the discretion of the Promoter.
The Competition will run at the Promoter’s @moroccanoil_au Instagram profile (Online Location). The Competition will be advertised at the Online Location on the Promoter’s Instagram profile – @moroccanoil_au.
During the Competition Period, Eligible Entrants must:
An Eligible Entrant can enter the competition during the Competition Period by tagging two Instagram users on the original Promoter’s competition Instagram post from the Promoter’s Instagram account and commenting on the competition post with an emoji/s that you think describes Eurovision Song Contest (Qualifying Action).
In order to participate, each Eligible Entrant and both their tagged Instagram user must follow @moroccanoil_au on Instagram from an active Instagram account to be eligible to win.
Multiple entries are accepted, each comment counts as an Eligible Entry. Each entry must have a unique Instagram handle tagged in the comment.
The Promoter reserves the right to exclude any incomplete, illegible or incorrect entry or any entry containing offensive, derogatory or defamatory comments, which reflect negatively on the Promoter or those entries that breach any law or infringes any third party rights.
One (1) Eligible Entry Per Qualifying Action.
The Promoter may, in its sole discretion, disqualify any person who:
(a) does not complete all details required on the form or the details are illegible, and/or
(b) submits more than one Eligible Entry.
The Promoter may, in its sole discretion, disqualify any person who does not complete all details required on the form or the details are illegible.
The Winner will be drawn randomly by an employee of the Promoter at 17-21 Commercial Street, Marleston SA 5033 (Draw Location) at 1:00pm ACST on 06/05/2024 (Draw).
The Promoter may draw additional reserve entries and record them in order, in case the Winner is deemed invalid, or the Prize is unclaimed (Reserve Winners).
There is 1 (one) prize pack available (Prize) which will be awarded to the Winner.
The Prize comprises the following:
3x Moroccanoil Treatment Light (Be An Original Edition) RRP $74.95
2x Moroccanoil Treatment Original (Be An Original Edition) RRP $74.95
The total recommended retail value of the Prize is $374.75 (exclusive of GST) and is correct at the commencement of the Competition Period. The Promoter is not responsible for any variation in the value of the Prize.
The Prize is not transferrable or exchangeable and is not redeemable for cash. The Promoter reserves the right to provide, in substitution for the Prize, an alternative prize of equal or greater value if, for any reason whatsoever, the Promoter is unable to provide the Prize.
The Winner will be notified immediately via a direct message on the Promoter’s Instagram page at 2:00pm ACST on 06/05/2024
The name of the Winner will be displayed at the Draw Location for a period of 7 days after the Draw.
The Winner must claim their Prize by replying to the direct message on the Promoter’s Instagram page by at 12:00pm ACST on 10/05/2024 (Prize Deadline).
If the Winner does not collect the Prize by the Prize Deadline the Promoter may deem the Prize forfeited and choose a new Winner for that Prize as though the Prize was not claimed before the Prize Deadline (see below).
In the event that a Winner fails to claim the Prize by the Prize Deadline, the Prize will be forfeited by the Winner and the Promoter will choose and notify a new Winner from the Reserve Winners (in the order they were drawn) for that Prize using the same process set out above.
The Reserve Winner must claim the Prize in the same method set out above for the Winner by no later than 24 Hours after being notified. In the event that the Prize is unclaimed following this 24 hour period, the Prize may be distributed at the Promoter’s absolute discretion.
The Promoter may, in its sole discretion, discard or deem invalid any Eligible Entry or disqualify all entries by any Eligible Entrant if the relevant Eligible Entrant:
a) breaches these Terms and Conditions;
b) is unable to provide the Promoter with appropriate proof of identification;
c) tampers with the entry process;
d) engages in any conduct that may jeopardise the fair and proper conduct of the Competition or the Promoter;
e) acts in a disruptive, annoying, threatening, abusive or harassing manner;
f) does anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this Competition;
g) breaches any law; or
h) behaves in a way that is otherwise inappropriate.
PURCHASES
Haircare Group attempts to be as accurate as possible when describing its Products on the Site; however, to the extent permitted by applicable law, Haircare Group 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 Group ("Products") that are placed through this Site.
a. Prices and Payments
All Product and course prices stated are in Australian Dollars, and unless otherwise expressly indicated, exclude GST, handling and delivery charges. Handling and delivery charges will be calculated once you have selected your preferred delivery option 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 Group 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 Group for delivery.
You must pay for Products using a credit card of a type accepted by Haircare Group. Haircare Group 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 Group 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 Group uses the online payment gateway systems operated by Windcave PTY Limited ACN 111 433 339 trading as Windcave Limited Partnership (“Windcave”) and Southern Payments Systems Pty Ltd ACN 154 451 582 trading as Pin Payments System (“Pin") to facilitate the making of payments through the Site. If you do not agree to use of Windcave or Pin you will be unable to purchase Products through the Site. See Section (u) below for further information about processing of payments made through the Site.
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 Group 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 (g) below and a refund for the Price of the Product will be made to you.
From time to time, Haircare Group may make available certain new Products for advanced purchase. These Products will be dispatched as soon as they are available. Haircare Group 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 Group once stock of the new Product is received.
Keune products are available to purchase only for customers located in South Australia and the Northern Territory.
360 Color products are available to purchase only for customers located in South Australia and the Northern Territory.
c. Orders
You must be at least eighteen (18) years of age to place an Order for Products with Haircare Group. 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 Group 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 Group 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 Group, for the supply by Haircare Group, 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 Group.
You acknowledge and agree that Haircare Group 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 Group 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 Group), and Haircare Group will refund to you the payment of the Price you have made in full. In the event that your Order is cancelled by Haircare Group following acceptance, Haircare Group will refund to you the payment you have made in full.
Haircare Group reserves the right to refuse to accept Orders, or to cancel Orders once accepted, in its sole discretion. Haircare Group 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 Group will not accept responsibility for late delivery, or non-delivery, due to incomplete or incorrect details being provided.
d. Limits
At our discretion, purchasing limits may apply for certain brands or products. These limits are displayed on the product detail page.
e. Resale of Products and Diversion
e.1 Resale of Products
Where the Customer is the owner or operator of a Salon:
a) The Customer represents and warrants that all Professional Products ordered from or supplied by the Company are intended for the sole purpose of use in the Customer’s Salon, and not for resale.
b) The Customer represents and warrants that all Retail Products ordered from or supplied by the Company are intended for retail sale from the Customer’s Salon only. If the Customer wishes to sell any Retail Products using online means, including via a website, then to ensure that it has the authority to use all associated brands, trade marks and intellectual property and has access to the necessary marketing images and materials required for the Customer to properly advertise, promote and sell such Retail Products, it must enter into the Company’s official Authorised Online Re-Seller Agreement for the relevant Retail Products.
e.2 Diversion
The Customer acknowledges that the prevention of sales of the Professional Products and Retail Products through unauthorised channels is a key priority for the Company.
Subject to Section (e) above, without the express prior written permission of the Company (which will be granted in its sole and absolute discretion), the Customer will not knowingly, directly or indirectly, engage in any conduct or activity which causes, is intended to cause, or has the result of causing, the transfer of Professional Products or Retail Products to:
a) any person, entity or outlet for the purpose of such Professional Products or Retail Products thereafter being the subject of further offer, sale or distribution outside of the country in which the Customer is located; or
b) any person or entity or outlet for the purpose of such Professional Products or Retail Products thereafter being the subject of further offer, sale or distribution within Australia.
The Customer must immediately report any actual or suspected acts of Diversion, by any person or entity (including but not limited to the Customer, its related entities or any of their respective officers, agents or employees) to the Company.
In the event that the Company discovers the Customer or any of the Customer’s related entities is diverting the Professional Products or the Retail Products, the Company will notify the Customer of such Diversion activity and the Customer must immediately discontinue selling the Professional Products and Retail Products to the diverting person or entity.
f. Delivery
Products are only available for delivery in Australia. Haircare Group uses the services of Startrack 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 Group.
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 your location. This will be charged to you in full at the time your Order is placed. Large items and bulk orders may incur additional delivery charges and Haircare Group reserves the right to adjust these charges as may be appropriate.
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 Group.
Certain Products sold by Haircare Group require special handling, in accordance with applicable laws and regulations. These requirements affect the manner of delivery of these particular Products. Haircare Group 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.
g. Returns and Cancellation of Orders
g.1. Returns of Orders
For Student Kits (subject only to applicable law, and without affecting Section (p) below), Haircare Group will not accept the return of a Student Kit, and will not refund the Price of this Product once purchased by you. However, if a warranty on any item within the Student Kit applies, Haircare Group will honour that warranty.
g.2. Cancellations of Orders
g.2.a. Cancellations of Product Orders
Once placed and accepted by Haircare Group, Orders may cancelled by you at any time prior to the dispatch of Products to you by Haircare Group. To cancel your Order, please contact Haircare Group by emailing support@haircare.group or calling Haircare Group's customer service at 1300 437 436. In the event that you elect to cancel your Order, Haircare Group will refund to you the Price you have paid. In no circumstance can you cancel your Order once Products have been dispatched to you.
g.2.b. Cancellations of education courses
Haircare Australia reserves the right to postpone or cancel any course that doesn't reach the required number of participants. In such case, Haircare Australia will give booked participants notice of the change and refund applicable course fees paid.
Any course cancellations must be made directly to the Education Co-ordinator by phone on 08 8403 8231 or email education@haircare.group
No refunds are available unless the Education Co-ordinator receives direct notice (by phone or email) of the student cancellation no less than thirty (30) days prior to the course commencement date. Please note there will be a $50 administration charge / fee applicable upon process of any refund(s) for course cancellations.
In the event of a student being too ill to attend a course/event, a refund will only be available upon the student providing a medical certificate from a qualified General Practitioner to the Education Co-ordinator within (7) days of the course completion.
Where a cancellation occurs without acceptable notice (outlined above), the Education Co-ordinator will endeavour to transfer the student(s) to the next available course date (if possible). Please note Haircare Australia does not guarantee or warrant in any way whatsoever that the same course will be offered or that a student placement will be available.
g.2.c Eventbrite Fees
Eventbrite Fees are non-refundable. They will not be refunded to the ticket buyer unless the event is cancelled or if the buyer requests a refund for a duplicate charge within 7 days of purchase.
h. Your Account
You can choose to register an account at the Site if you are over eighteen (18) years of age. Do not register if you are not over eighteen (18) years of age. If you are over eighteen (18) years of age and do register, you must select a username and password for your account, and are solely responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer and account. When creating and using your account, you must at all times ensure your account information is current, complete, accurate and truthful. The Haircare Group Privacy Policy applies to any personal information you submit during the account creation process or during your use of 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 Group 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 Group 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 Group 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.
i. 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 GROUP"), 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 Group, 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 (j) 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 Group's express prior written consent.
j. Licences
Haircare Group 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 Group; 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 Group's Content; (ii) must not imply that Haircare Group is endorsing that website or its services or products; (iii) must not misrepresent its relationship with Haircare Group; (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 Group or its Products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate Haircare Group with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. Haircare Group 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 Group. In the exercise of the licences granted to you by Haircare Group, 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 Group 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 Group's infrastructure.
Any unauthorised use by you of the Site or any and/or all of Haircare Group'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 Group.
k. 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 Group, its related entities, affiliates, partners, authorised distributors, licensees, or licensors, and must indemnify Haircare Group, its related entities, affiliates, partners, authorised distributors, licensees, or licensors for any losses and damages sustained in accordance with Section (p) below.
l. Your Submissions, User Content, and Notification of Infringements
All inquiries, feedback, suggestions, ideas or other information you provide to Haircare Group through the Site and its functionality, including via transactions conducted through your account or under your username or password ("Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of Haircare Group's Privacy Policy, by transmitting or posting any Submission, you hereby assign the Submission and all rights associated with it to Haircare Group. Haircare Group reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submissions you make in any way it deems appropriate.
By making a Submission, you represent and warrant to Haircare Group 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 Group as to the origin of any Submission, and agree to indemnify Haircare Group 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 otherwiseobjectionable;
- 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 Group 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 Group 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 Group reserves the right to change or delete any User Content. You acknowledge that Haircare Group 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 Group 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 Group 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 support@haircare.group and notify Haircare Group 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.
m. Third Party Sites
Haircare Group 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 Group, 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.
n. Special Features, Functionality and Events
The Site may offer certain special features and functionality or events (such as Product sales and contests) which may either (a) be subject to terms of use, rules and/or policies in addition to these Terms and Conditions; and (b) be offered by Haircare Group or by third parties. In either of these circumstances, Haircare Group will notify you of this. If you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies, in addition to these Terms and Conditions.
o. Representations and Warranties
The Site is presented "as is". Haircare Group 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 Group 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 Group, its related entities, affiliates, partners, authorised distributors, licensees and licensors or any of their respective officers, employees or agents.
p. Indemnity and Limitation of Liability
You agree to indemnify Haircare Group 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 Group 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 (o)).
To the extent permitted by law, you unconditionally free, release and discharge Haircare Group, 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 Group 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 Group'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 Group 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 Group 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 Group has been advised of the possibility of such damage.
Haircare Group 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 Group 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 Group, 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 Group 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 Group'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.
q. Notices
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from Haircare Group 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 Group by sending an email to support@haircare.group and discontinue your use of this Site. If you discontinue your use of the Site, all rights granted to you by Haircare Group pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section (j) above, will automatically terminate.
Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in Haircare Group's Privacy Policy.
r. Privacy
Haircare Group's Privacy Policy is incorporated into, and forms part of, these Terms and Conditions.
s. Governing Law
These Terms and Conditions are governed by the laws of the state of South Australia. You and Haircare Group 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.
t. General
You acknowledge and agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and Haircare Group 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 Group 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 Group will make all reasonable attempts to provide you with notice of any changes in accordance with Section (q), you acknowledge and agree that to the extent permitted by law, Haircare Group 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 Group 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 Group 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 Group 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 Group to you, including, as applicable, by ceasing all use of the Site. Haircare Group'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 Group 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.
u. Data Security and Fraud Prevention
As specified in Section (a) above, Haircare Group uses the Windcave or Pin Payment (where appropriate) 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 Windcave or Pin Payment (where appropriate) System for processing.
Haircare Group is not responsible for the operation of the Windcave or Pin payment (where appropriate) System, and separate terms and conditions and privacy policies apply to these. Haircare Group recommends that you read and review these prior to making any purchase through the Haircare Group website. If you do not agree with any of the terms and conditions or privacy policies which apply to the Windcave and Pin System (where appropriate), you must not submit an order for Products via the Site (and if you have submitted an order, you must immediately cancel it).
Haircare Group 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 Group to the Windcave or Pin Payment System (where appropriate) for your payment to be processed. Haircare Group 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 Group, preventing others from accessing your private information in transit. The same process applies when Haircare Group transmits your information to the Windcave or Pin Payment System (where appropriate) to enable processing of your payment. Accordingly, when your provide credit card information on the Site, it is passed directly to the Windcave or Pin Payment System (Where appropriate) via an SSL secured payment gateway and is at no stage permanently stored on our website, in Haircare Group's database or on its server.
v. Questions, Comments and Concerns
If you have any questions, comments or concerns regarding these Terms and Conditions, please email Haircare Group at support@haircare.group For any other questions, visit our help centre.
EDUCATION BOOKING TERMS & CONDITIONS
These terms and conditions apply to the booking of education classes (Education Bookings) with Privity Pty Ltd trading as Haircare Group (Haircare Group). All customers must have booked and fully paid for an education class prior to attending. Booking is approved by Haircare Group at the time full payment is received. It is the responsibility of the customer to contact their representative or the Haircare Group customer service team if confirmation is not received within 24 hours or if there is an any problem with the booking confirmation.
Payment Method
All customers must pay the relevant fees for the Education Bookings to Haircare Group via one of the following payment methods:
Direct Deposit and BPAY - refer to the Invoice for details
Credit Card - call 1300 437 436 (Australia) or 0800 505 385 (New Zealand)
Trading Account – discuss with your Haircare representative at the time of booking Education.
Payment plan - Haircare Group offers individual payment plans for Education Bookings. See further information below.
Loyalty Points - Customers with valid Loyalty Points can use their Loyalty Points for payment towards Education Bookings. Not applicable to Moroccanoil. See further information below.
Terms for Payment Plans
To be eligible for a payment plan, customer’s Education Booking fee must be at least AUD$1,000 (ex GST) and the customer’s Haircare Group account must remain open and in good standing for the entirety of the payment plan. If you would like to discuss a payment plan, please call 1300 437 436 (AUS) or 0800 505 385 (NZ) to discuss the options.
Once a customer has established and agreed a payment plan with Haircare Group for a specific Education Booking, the payment plan must be paid in accordance with the timeline agreed between the parties. In the event a payment plan is not paid in full in accordance with the agreed timeline, Haircare Group reserves the right to cancel the relevant Education Booking and refund the payments made less cancellation fee. Payment plans can’t be cancelled or altered in the event of change of mind.
Only one payment plan per customer can be operating at any given time.
Loyalty Redemption
Customers accrue loyalty points through purchasing a variety of products and/or services from Haircare Group (Loyalty Points). Customers may utilise these Loyalty Points which are current and not expired at the date of booking to pay for up to 100% of your Education Bookings (conditions below apply).
Where Education Bookings have been paid with Loyalty Points redemptions, these Loyalty Points are unable to be refunded to the customer.
Customers on the Moroccanoil Loyalty Platform can pay for their Education Bookings in full using Loyalty Points. Customers are unable to make part payment of Education Bookings using Moroccanoil Loyalty Platform Loyalty Points.
Cancellations - General
Any Education Booking cancellation requests are to be directed via email to support@haircare.group or call 1300 437 436 (AUS) or 0800 505 385 (NZ) referencing course name and date.
Refunds on Education Bookings for change of mind are only available when customers have provided Haircare Group with no less than 30-day notice prior to the first course commencement date.
Any cancellations or refunds processed by Haircare Group will be subject to a $50 administration charge which is a genuine pre-estimate of the fees incurred by Haircare Group in processing such refunds excluding payment plans).
Cancellation - Illness
In the event a customer is unable to attend an Education Booking due to illness, a refund will be available upon receipt of a medical certificate from a qualified GP within (7) days of the course commencement. This evidence should be provided via email to support@haircare.group referencing course name and date.
In the event of a government mandated quarantine which renders any customer unable to attend an Education Booking, please contact email support@haircare.group or call 1300 437 436 (AUS) or 0800 505 385 (NZ) referencing course name, date, and details of quarantine requirements.
Transfer of Course
A customer may make a request to transfer a course due to unforeseen circumstances via email to support@haircare.group referencing details of the current course and proposed new course (if details are known). Unless required to by law, Haircare Group may, in its sole discretion, choose not to fulfil a request for a transfer.
Haircare Group will endeavour to transfer students as requested, if possible, within the same calendar year. The Education Coordinator and the customer will discuss the available options.
Haircare Group does not guarantee, under any circumstances, the offering of the same course, or that a student placement will be available at the new requested day or time.
Education Course Changes
Haircare Group reserves the right to postpone or cancel any course that does not meet the required number of participants.
If the event of a cancellation or postponement of an Education Booking, Haircare Group will notify the participants of the change as soon as practicable and will offer a transfer of course or refund the Education Booking fees paid. Under no circumstances will Haircare Group be liable for any other fees or charges associated with such occurrence.
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