Website Terms and Conditions of Use
1. About the Website
1.2. The Website is operated by Hair Heaven Emporium PTY. LTD. (ACN 167 657 507). Access to and use of the Website, or any of its associated Products or Services, is provided by Hair Heaven Emporium. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Hair Heaven Emporium reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Hair Heaven Emporium updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
3. Registration to use the Services
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address
3.3. You warrant that any information you give to Hair Heaven Emporium in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Hair Heaven Emporium; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Hair Heaven Emporium of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Hair Heaven Emporium providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Hair Heaven Emporium;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Hair Heaven Emporium for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
(a) Electronic funds transfer ('EFT') into our nominated bank account
(b) Credit Card Payment ('Credit Card')
(c) Cash ('Cash')
(d) PayPal Australia Pty Limited (ABN 93 111 195 389) ('PayPal')
5.2. All payments made in the course of your use of the Services are made using Paypal Australia Pty Limited (ABN 93 111 195 389) ('PayPal'). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Paypal terms and conditions which are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
5.4. You agree and acknowledge that Hair Heaven Emporium can vary the Services Fee at any time.
6. Refund Policy
7. Copyright and Intellectual Property
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Hair Heaven Emporium, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
Hair Heaven Emporium does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Hair Heaven Emporium.
7.3. Hair Heaven Emporium retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
7.4. You may not, without the prior written permission of Hair Heaven Emporium and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
9. General Disclaimer
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Hair Heaven Emporium will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Hair Heaven Emporium make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Hair Heaven Emporium) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Hair Heaven Emporium; and
(d) the Services or operation in respect to links which are provided for your convenience.
10. Limitation of liability
10.2. You expressly understand and agree that Hair Heaven Emporium, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Termination of Contract
11.2. If you want to terminate the Terms, you may do so by:
(a) providing Hair Heaven Emporium with 30 days' notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Hair Heaven Emporium has made this option available to you.
Your notice should be sent, in writing, to Hair Heaven Emporium via the 'Contact Us' link on our homepage.
11.3. Hair Heaven Emporium may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Hair Heaven Emporium is required to do so by law;
(c) the provision of the Services to you by Hair Heaven Emporium is, in the opinion of Hair Heaven Emporium, no longer commercially viable.
11.4. Subject to local applicable laws, Hair Heaven Emporium reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Hair Heaven Emporium's name or reputation or violates the rights of those of another party.
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
13. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Queensland, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 3 Months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.