Terms & Conditions
Last Updated: April 2012
This website at www.ghdhair.com, including any discussion forums contained on the website (“Site”) is operated by Jemella Limited trading as Jemella Australia Pty Ltd, a company incorporated in Australia (registered number ACN 104455138 with its registered address at Lvl 3, 490 Adelaide Street, Brisbane, Queensland, 4000, (collectively, “ghd” or “we/us/our”). ghd may be contacted at the above address.
We appreciate your interest in the products and services on the Site and your visit to the Site.
Using the Site
If you have any queries regarding the Site of any of the information or materials contained on or in it, please contact us by email at [firstname.lastname@example.org] or by telephone on [+44 (0) 845 330 1133].
2. Terms of Sale, Registration, Accounts and Passwords
2.2 Accessing certain services on the Site may require registration and the creation of an account. Please ensure that the details you provide upon registration or at any time are complete and accurate, and inform us immediately of any changes to the details you provided when registering. You will not be able to create an account unless you are at least 16 years of age.
2.4 We reserve the right to suspend or terminate your use of the Site at any time, for any reason, without prior notification.
3. Intellectual Property
3.1 We are the owner or the licensee of all copyright, design rights, database rights, trademarks and other intellectual property rights in this Site, and in the material published on it. Your use of the Site grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved.
3.2 You may access this Site only to participate in the Site or make Contributions (as defined below) or to place an order for Products. Any other use is prohibited unless agreed to by us in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.
3.3 You may not modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, display, post, transmit or sell any content or intellectual property appearing on this Site where doing so would infringe our or any third party’s intellectual property rights.
4. Links to third party websites and restrictions
4.1 The use of third party websites is entirely at your own risk. Links contained in the Site will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Site are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website.
4.3 You are not entitled (nor will you assist others) to set up links from your own websites to the Site (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.
4.4 You agree that when accessing the Site you shall not price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling or other technology.
5. User Review and Contributions
5.1 Users of the Site may submit product reviews, profiles, images, portfolios, videos, instructions, comments, questions, feedback, ideas, suggestions or other information or materials via the Site or otherwise (collectively “Contributions”), so long as such Contributions comply with our contribution standards, set out below in clause 5.2 (“Contribution Standards”).
5.2 Contribution Standards
5.2.1 These standards apply to any and all material which you contribute to this Site, and to any interactive services associated with it including our Salon & Stylist Feed. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
5.2.2 Contributions must:
22.214.171.124 be accurate (where they state facts);
126.96.36.199 be genuinely held (where they state opinions); and
188.8.131.52 comply with any applicable laws.
5.2.3 Contributions must not:
184.108.40.206 contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
220.127.116.11 promote sexually explicit material;
18.104.22.168 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
22.214.171.124 advocate, promote or assist any illegal act, including, but not limited to, violence or computer misuse or the infringement of the intellectual property rights of any other person;
126.96.36.199 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
188.8.131.52 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
184.108.40.206 be misleading or deceptive or likely to mislead or deceive, for example by impersonating any person or misrepresenting your identity or affiliation with any person, entity or business; or
220.127.116.11 give the impression that they emanate from us, if this is not the case.
5.3.1 immediate, temporary or permanent withdrawal of your right to use this Site;
5.3.2 immediate, temporary or permanent removal of any posting or material uploaded by you to this Site;
5.3.3 issue a warning to you;
5.3.4 commence legal proceedings against you for any loss or damage resulting from your breach (including, but not limited to, reasonable administrative and legal costs on an indemnity basis);
5.3.5 any further legal action against you; and
5.3.6 disclosure of such information to law enforcement authorities as we reasonably believe is reasonably necessary.
5.4 Any Contributions shall be and remain our property, and by making a Contribution to the Site you agree to assign to us all worldwide rights, title and interest in all intellectual property in your Contributions. Thus, we will own exclusively all such rights, title and interests in any Contributions, and shall not be limited in any way in its use, commercial or otherwise, of any Contributions. We are and shall be under no obligation to maintain any Contributions in confidence, to pay any compensation or royalty for any Contributions, or to respond to any Contributions.
6. Disclaimer of liability
6.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Site, it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Site. Further, no warranty is given that the Site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
6.2 Access to and use of this Site is at the user’s own risk and we do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Site.
6.3 Subject to clause 6.6 below, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Site, including without limitation, under any tort, including negligence, for breach of contract,, intellectual property infringement or under any statute or otherwise:
6.3.1 any indirect, special or consequential losses;
6.3.2 any losses or damages arising out of changes made to the content of this Site by unauthorised third parties;
6.3.3 any loss of business, data, profits, revenue, goodwill, use or anticipated savings;
6.3.4 loss or damage to your, or any third party’s, data or records; or
6.3.5 any actions taken in response to breaches of the Contribution Standards set out in clause 5.3 above; or
6.5.1 in respect of goods: replacement of the goods or the supply of equivalent goods, the payment of the cost of replacing the goods, the repair of the goods or the payment of the cost of having the goods repaired; or
6.5.2 in respect of services: the resupply of the services or the payment of the cost of having the services resupplied.
6.6 We do not seek to exclude or limit our liability to you for:
6.6.1 death or personal injury caused by our negligence;
6.6.2 fraud or fraudulent misrepresentation;
6.6.3 any breach by us of any terms implied under, or any condition, warranty, right or remedy which is conferred on you by, the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.;
6.6.4 any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Competitions or other promotional features which may be made available through this Site from time to time may also have specific terms and conditions. You will need to read and accept these before making a submission.
Merchant of Record
Jemella Australia Pty Ltd
Lvl 3, 490 Adelaide Street
Brisbane, Queensland 4000
IMPORTANT: YOUR ATTENTION IS DRAWN TO CONDITIONS 2.1, 6.3 and 10.
1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions (Conditions):
Contract means the contract between You and Us for the sale of the Products and which incorporates these Conditions, the Order, the Order Confirmation and the Website and Retail Charter;
Confidential Information means any and all information provided by either party under the Contract that is either (i) marked as being confidential (or in the case of verbal discussions is later confirmed in writing to be confidential) or (ii) information (however communicated) that is of a type that the other party could reasonably have been expected to know that the information was confidential;
Delivery Location means the place where delivery of the Products is to take place under the Contract, as set out in the Order;
Order means any order made by You for Our Products through Our website at www.ghdhair.com;
Order Confirmation means Our written confirmation of the Order, incorporating these Conditions;
Price means the price payable by You for the Products, as notified by us;
Products means any goods to be supplied to You by Us under the Contract;
We, Our, Ours means Jemella Australia Pty Ltd ACN 104 455 138 (“ghd hair”), PO Box 15516, City East, QLD 4002, Australia;
Website and Retail Charter means the Website and Retail Charter, a copy of which We can provide You, which is entered into by both You and Us if You intend to resell Our Products; and
You, Your, Yours means the person(s), firm or company who purchases the Products from Us.
1.2 Unless a contrary intention appears:
1.2.1 the masculine includes the feminine and the singular includes the plural, and vice versa;
1.2.2 a reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended by any subsequent statute, enactment, order, regulation or instrument or as contained in any subsequent re-enactment thereof;
1.2.3 headings are for ease of reference only and shall not affect the interpretation or construction of these Conditions;
1.2.4 any lists or examples following the word "including" shall be interpreted without limitation to the generality of the preceding words;
1.2.5 references to Conditions are, unless otherwise provided, references to clauses of these Conditions;
1.2.6 references to "writing" shall include facsimile and email.
2 FORMATION OF CONTRACT
2.1.1 Subject to Condition 2.3, the Contract shall be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which You purport to apply under any purchase order, confirmation of order or other document).
2.1.2 Except as otherwise provided in these Conditions, all other terms, conditions, warranties and representations (whether oral or in writing) are excluded from the Contract between Us and You. These Conditions supersede any and all prior promises, representations, undertakings or implications.
2.1.3 No statement, illustration or drawing in any circular, advertisement, trade literature or other such communication shall be deemed to imply any representation, warranty or condition. Any such statement, illustration or drawing is for guidance purposes only and shall not form part of the Contract.
2.2 No terms or conditions endorsed on, delivered with or contained in an Order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 No variation to these Conditions shall have effect unless agreed in writing by one of Our directors.
2.4 Each Order shall be deemed to be an offer by You to purchase the Products from Us, subject to these Conditions.
2.5 No Order placed by You shall be deemed to have been accepted by Us, and no Contract shall be formed, until an Order Confirmation has been issued by Us.
3 WEBSITE AND RETAIL CHARTER
The Website and Retail Charter contains provisions relating to the use of Our brand for the Products. You shall comply with the Website and Retail Charter and shall act in accordance with the provisions contained therein.
4.1 Unless agreed otherwise in writing by Us, all Prices are on ex works basis.
4.2 The Price is shown in UK pounds sterling.
4.3 Unless otherwise stated, the Price is exclusive of Value Added Tax which shall be added at the appropriate rate when We take Your payment for the Products You Ordered. If You require Us to deliver to a Delivery Location which is not within the UK, You are responsible for any importation taxes, sales taxes or other charges which may be levied at that Delivery Location. Additionally, please note that when ordering from www.ghdhair.com, You are considered the importer of record and must comply with all laws and regulations of the country in which You are receiving the goods.
4.4 We have the right to vary the Price of the Products from time to time on reasonable notice to You but We shall not exercise our right to vary the Price of the Products after We have issued an Order Confirmation.
4.5 Whilst We endeavour to ensure that all Prices displayed on Our website are accurate, errors may occasionally occur. We shall inform You as soon as We become aware of an error in the pricing of a Product. In that event, We shall also request Your confirmation whether You wish to proceed with the Order at the correct price or whether You wish to cancel Your Order. If We are unable to contact You for any reason, Your Order will be deemed cancelled. Any monies paid in respect of cancelled Orders shall be refunded in full within 30 days from the date of cancellation.
The Price shall be due and payable by You in full and cleared funds at the time You place Your Order, unless otherwise agreed in writing by Us, and the time of payment shall always be of the essence of the Contract.
6.1 Delivery of the Products shall take place at the Delivery Location. It is Your responsibility to ensure that the address of the Delivery Location is accurate. We shall not be responsible if this Delivery Location is incorrect.
6.2 Next day delivery is guaranteed in respect of Your Order if:
6.2.1 the Delivery Location is situated in the UK; and
6.2.2 Your Order is received before  pm GMT the preceding day; and
6.2.3 there is sufficient stock for Us to fulfil Your Order. We shall try to inform You, as soon as it is reasonable to do, if We find out that there is insufficient stock to fulfil Your Order. As a gesture of good will, We shall nevertheless try to deliver that part of Your Order which is in stock first, and then fulfil rest of Your Order when stock is in. However, We cannot fulfil the above commitments for any reason, this shall not entitle You to terminate this Contract.
6.3 Delivery times or dates in respect of deliveries outside the UK are estimates only and are not guaranteed.
6.4 The time for delivery shall not be of the essence of the Contract.
6.5 We shall be entitled to deliver the Products in separate instalments. Any delay or failure by Us to deliver, or any claim by You in respect of any one or more of the instalments in accordance with these Conditions, shall not entitle You to treat the Contract as a whole as repudiated.
6.6 We reserve the right, at Our sole option, to cancel or withhold the delivery of any Products, in whole or in part:
6.6.1 until receipt of Your payment for the Products;
6.6.2 if any of the events at Condition 11.1 occur.
6.7 On delivery of the Products, You shall check the Products against the delivery note. We shall not be liable for any damage, destruction, breakage or shortage of the Products delivered to You, unless You give Us notice of such damage, destruction, breakage or shortage within forty-eight (48) hours of the date of delivery. Risk in the Products shall pass to You on delivery.
6.8 If, for any reason, You fail to take delivery of any of the Products on the date of delivery, or We are unable to deliver the Products because You have not provided appropriate instructions, documents, licences or authorisations, We may store the Products until delivery at a later date, at Your cost (including but not limited to storage and insurance costs). If You fail to take delivery of the Products within fourteen (14) days following the date of the first attempted delivery, We may rescind the Contract and sell the Products to a third party.
6.9 Subject to the other provisions of these Conditions, We shall not be liable for any direct, indirect or consequential loss, including but not limited to, loss of profit, costs, damages, charges or expenses caused by any delay in the delivery of the Products (even if caused by Our negligence). Delay in delivery of the Products, howsoever arising, shall not entitle You to terminate the Contract.
7.1 We shall not be liable for any non-delivery of Products unless You give Us written notice within seven (7) days of receipt of Our advice of despatch.
7.2 Our liability for non-delivery of the Products shall be limited, at Our sole discretion, to:
7.2.1 delivering the Products within a reasonable time; or
7.2.2 issuing a credit note against any invoice raised for such Products, at the pro rata Contract rate based on the quantity of the Products which have not been delivered; or
7.2.3 refunding at the pro rata Contract rate the price paid for the quantity of the Products which have not been delivered;
and this shall be Your sole and exclusive remedy in relation to such non-delivery.
8 RISK AND TITLE
8.1 The Products are at Your risk from the time of delivery in accordance with Condition 6.7 above.
8.2 Notwithstanding Condition 8.1 above, the legal and beneficial ownership of the Products shall not pass to You until We have received in full and in cleared funds:
8.2.1 all sums due to Us in respect of the Products; and
8.2.2 all other sums due or becoming due to Us from You.
8.3 Until ownership of the Products has passed to You, You must:
8.3.1 hold the Products on a fiduciary basis as Our bailee;
8.3.2 store the Products, at no cost to Us, separately from other products belonging to You so they remain readily identifiable as Our property;
8.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Products;
8.3.4 maintain the Products in satisfactory condition, insured on Our behalf for their full price against all risks to Our satisfaction;
8.3.5 hold the proceeds of the insurance referred to in Condition 8.3.4 on trust for Us and not mix them with any other money nor pay the proceeds into an overdrawn bank account,.
8.4 In respect of Products of which ownership has not passed to You:
8.4.1 You may resell the Products, solely on the following conditions:
(a) any sale shall be effected in the ordinary course of Your business at full market value; and
(b) any such sale shall be deemed to be a sale of Our property on Your own behalf and You shall deal as principal when making such a sale[; and
(c) You shall remain liable to Us in respect of the Price of the Products which You have resold]; and
8.4.2 We shall be entitled to:
(a) recover payment for the Products notwithstanding that ownership of the Products has not passed from Us;
(b) in the following circumstances, require You to deliver up the Products to Us, and if You fail to do so forthwith, We may recover the Products:
(i) if You commit any material breach of any of Your obligations under these Conditions; or
(ii) if any of the events at Condition 11.1occur.
8.5 You hereby grant Us, Our agents, sub-contractors and employees an irrevocable licence at any time to enter premises where the Products are or may be stored, to inspect these Products, or where Your right to possession has terminated, to recover these Products.
8.6 Where We are unable to determine whether Your right to possession has terminated in respect of any Products, You shall be deemed to have sold all Products in the order in which We invoiced such Products to You.
8.7 On termination of the Contract, howsoever arising, Our rights, but not Yours, under this Condition 8 shall remain in full force and effect.
9 FAULTY PRODUCTS
9.1 In the event that any Products are found to be faulty within the earlier of twenty-four (24) months:
9.1.1 of the date You purchased the Products for Your own use; or
9.1.2 of the date of the sale by You to an end user (if You purchased the Products not as an end user);
and such date of purchase or sale, whichever is appropriate, is duly evidenced to Our satisfaction by the provision of a copy of the relevant proof of purchase or sale, You shall be entitled to return such Products to Us, in such pre-paid delivery bags as We may provide from time to time on Your request.
9.2 In the event that We reasonably consider any Product returned in accordance with Condition 9.1 is:
9.2.1 not faulty; or
9.2.2 damaged or otherwise caused to be unworkable as a result of any of Your actions and/or that of the end user of the Product;
We may at Our sole discretion, return the same to You [and We reserve the right to require You to reimburse Us for Our reasonable expenses in examining and returning such Products to You]. We shall have no further obligations to You in respect of these Products.
9.3 Subject to Conditions 9.1 and 9.2, We shall, at our absolute discretion:
9.3.1 repair or replace faulty Products; or
9.3.2 refund the price of faulty Products, based on the quantity of the Products which are faulty, pro rata to the Price paid under the Contract.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Conditions excludes or limits Our liability for death or personal injury caused by Our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be restricted by law.
10.2 Save as provided by Section 12 of the Sale of Goods Act 1979 and in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
10.3 Subject to Condition 10.1:
10.3.1 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with or under the Contract shall be limited to the Price payable for the Products under the Contract; and
10.3.2 We shall not be liable in contract, tort (including negligence), statutory duty or otherwise howsoever for any claim, damage, loss or costs in respect of (whether direct or indirect):
(a) loss of profit;
(b) loss of use;
(c) loss of anticipated contracts and/or savings;
(d) loss of goodwill;
(e) loss of opportunity;
(f) loss of business and/or business interruption; or
(g) any indirect loss or consequential or special loss or damage;
and both You and We hereby acknowledge that each type of loss under this Condition 10.3.2 shall be severable in accordance with Condition 14.2.
10.4 We shall also not be liable for, and You shall indemnify and keep indemnified Us against, any and all actions, awards, proceedings or claims, complaints, costs, expenses (including legal expenses and disbursements), penalties, damage or loss arising by reason of the sale and/or use of the Products after You become aware of any defect in the Products, or after circumstances have occurred which should reasonably have indicated to You of the existence of a defect in the Products.
11.1 If You purchase the Products as a consumer, within the meaning of the Consumer Protection (Distance Selling) Regulations 2000, You have a right to cancel this Agreement within seven working days beginning with the day after the day on which this Agreement is concluded. If You wish to cancel the Agreement, You must let Us know in writing by letter, fax or email and comply with Our returns policy as shown here. We shall provide you with a full refund of the Price paid within 30 days from the date on which You give Us notice of cancellation.
11.2 We are entitled to terminate the Contract immediately on written notice if:
11.2.1 You fail to observe or perform any of Your obligations under the Contract; or
11.2.2 (being an individual or partnership):
(a) You suspend, or threaten to suspend, payment of Your debts, or are unable to pay Your debts as they fall due, or admit Your inability to pay Your debts, or are deemed either unable to pay Your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986;
(b) You make or propose to make an arrangement or composition with Your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors;
(c) You are or propose to become the subject of a bankruptcy petition or order;
(d) You die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing Your own affairs or become a patient under any mental health legislation;
11.2.3 (being a company):
(a) You are, or We reasonably consider You to be, unable to pay Your debts when they fall due, as defined in Section 123 of the Insolvency Act 1986;
(b) You make or propose to make any arrangement or composition with Your creditors or make an application to a court of competent jurisdiction for the protection of Your creditors in any way;
(c) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with Your winding up;
(d) an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed over You;
(e) a floating charge holder over Your assets has become entitled to appoint or has appointed an administrative receiver;
(f) a person becomes entitled to appoint a receiver over Your assets or a receiver is appointed over Your assets;
11.2.4 You suffer actions analogous to those described in Conditions 11.2.2 and/or 11.2.3 in any jurisdiction;
11.2.5 We, acting reasonably, have serious doubts as to Your solvency;
11.2.6 any distraint is levied against You or Your property by any third party;
11.2.7 You cease, or threaten to cease, to carry on all or a substantial part of Your business; or
11.2.8 You are late in paying, or do not pay, any monies due to Us from You.
12.1 Each party shall, and shall procure that their employees, agents, representative and sub-contractors shall, keep secret and not disclose any Confidential Information in relation to the other party obtained by reason of the Contract, except information that is in the public domain.
12.2 The obligations under Condition 12.1 will not apply to the extent that the Confidential Information (based on documentary evidence):
12.2.1 is already publicly known at the time it is disclosed to the receiving party;
12.2.2 later becomes publicly known other than as a result of a breach by the receiving party of Condition 12.1;
12.2.3 was already known to the receiving party before it was disclosed;
12.2.4 is required to be disclosed by the receiving party by a court order or statutory law, provided that the receiving party will inform the disclosing party as soon as possible of any such obligation to disclose;
provided always that if the receiving party is seeking to rely upon any of the exceptions set out above then the Confidential Information shall not be deemed to be within one of the exceptions merely because it is in more general information within such exceptions. In addition, any combination of features disclosed will be deemed to be within the public domain only if both the combination itself and its use fall within the exceptions.
12.3 This Condition 12 shall apply during the continuance of the Contract and after its termination howsoever arising.
13 FORCE MAJEURE
We reserve the right to defer the date of delivery of the Products or to cancel the Contract without liability to You, and We shall not be liable for any failure to meet Our obligations under the Contract if We are prevented from, or delayed in, the carrying on of Our business due to circumstances beyond Our reasonable control, including, but not limited to, acts of God, governmental actions, war or national emergency, acts of terrorism, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, snow, explosion, flood, storm, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to Our workforce), failure of a utility service or transport network, or restraints or delays affecting carriers or inability or delay in obtaining supplies or adequate or suitable materials, or other similar events.
14.1 You expressly acknowledge and agree that, in entering into the Contract, You do not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the subject matter of the Contract, other than as expressly set out in the Contract.
14.2 If any provision of the Contract or these Conditions is held invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated.
14.3 Each of Our right or remedy under the Contract is without prejudice to any other rights or remedies belonging to Us, whether under the Contract or not.
14.4 Any failure or delay by Us in enforcing or partially enforcing any of Our rights or remedies under the Contract shall not be construed as a waiver of any of Our rights under the Contract and shall not prevent Us from later reasserting such rights or remedies.
14.5 Any notice or other communication given under these Conditions shall be in writing and shall be served by delivering it personally or sending it by pre-paid recorded delivery or registered post or fax or email to Our registered office and Your address, as set out in the Contract, or such other address as shall be notified by each party to the other from time to time.
14.6 Any such notice shall be deemed to have been received:
14.6.1 at the time of delivery, if personally delivered; or
14.6.2 forty-eight (48) hours from the date of posting in the case of pre-paid recorded delivery or registered post; or
14.6.3 at the time of transmission, if sent by fax; or
14.6.4 at the time the email is available to be read in the recipient's in-box, if sent by email;
but if notice is not received within business hours (meaning 9 am to 5 pm Monday to Friday, except a public holiday in the place of receipt), the notice shall be deemed to have been received when business next starts.
14.7 Except as otherwise provided in these Conditions or the Contract, a person who is not a party to the Contract shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions or the Contract.
14.8 You shall not be entitled to assign, sub-contract or otherwise dispose of the Contract or any part of it without Our prior written consent.
14.9 We may assign or sub-contract all or any part of Our obligations under the Contract to any person, firm or company.
14.10 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by, and construed in accordance with, English law and both You and We submit to the exclusive jurisdiction of the English courts.
14.11 If You have any comments, questions or requests regarding the products, please contact us at, PO Box 15516, City East, QLD 4002, Australia, Telephone: 1300 880 209 (AU) / 0800 424 744 (NZ) or via the internet at the form provided here: http://www.ghdhair.com/au/help/contact-us.
15.1 All promotions, discounts or promotional codes available for redemption on ghdhair.com, cannot be used in conjunction with any other offer.
15.2 Only one promotional code can be used per order.
15.3 A promotional code cannot be applied to an order after the order has been placed.
Jemella Limited (trading as ghd) – Privacy and Cookies Policy
Last updated: April 2012
We regard the privacy of our users as very important and any personal information which you provide to us will be dealt with in accordance with this Privacy and Cookies Policy. Jemella Limited (trading as ghd) is registered as a Data Controller with the Information Commissioner’s Office under the terms of the Data Protection Act 1998, with the registration number Z1663328. This Privacy and Cookies Policy sets out how we use and protect any personal information that we obtain about you through your use of this Site. If you have any questions about this policy or do not agree with it, please contact us by e-mail at email@example.com or on +44 (0) 845 330 1133 before using this Site. [Note: insert details specific for Australia.]
We may change this Privacy and Cookies Policy from time to time by updating this page. You should revisit this page from time to time to re-read this Privacy and Cookies Policy and ensure you are happy with any changes. This Privacy and Cookies Policy is effective from [April] 2012.
What personal information do we collect?
In general, and unless you register with us and create an account, you can use this Site without giving us any personal information. However, we may gather certain (non-personal) information such as records of your activity on the Site without you registering with us and giving us personal information.
Additional services may be available if we have certain information about you and we will collect certain personal information from you when you register with us. We may collect and use the following personal information about you:
- your name and contact information (including postal address, e-mail address and telephone number) and any other contract details you provide to us;
- financial information including card payment details;
- information that you provide when you register and create an account with us;
- information provided by salons when you purchase a ghd product from that salon,
- information you provide if you report a problem with our Site;
- records of any orders for products and/or services that you place through the Site;
- records of any correspondence when you contact us;
- records of any ghd competitions or promotions that you enter; and
- details of your visits to the Site including, but not limited to, traffic data, location data and communication data and the resources that you access.
What do we do with the personal information we collect?
We use your personal information to provide you with a better service, and in particular for the following reasons:
- to facilitate use of the products and services we may provide to you;
- to process and collect payments from you where you purchase products from the Site
- internal record keeping;
- to improve our products and services;
- to improve and personalise your experience when you visit the Site;
- to advertise certain products which we think you might be interested in to you when you visit the Site or other external sites;
- to communicate with you by e-mail, telephone or post if you have ordered or purchased products from us, either regarding the order or purchase or other matters regarding transactions between us or your customer relationship or account (if you have one) with us;
- to contact you regarding any specific enquiry you make;
- statistical analysis;
- to contact you by e-mail, telephone or post in order to share information with you about products, services, promotions and events which we believe may be of interest to you or to request your feedback on our products and services from time to time;
- to carry out direct marketing or e-mail marketing; and
- to contact you for market research purposes, if you have not objected to such use.
Whom do we share this information with?
Your personal information will be used for the above purposes by relevant staff in ghd and by those who support them in their roles. It will also be made available to our authorised service providers who work with us and who perform certain services on our behalf e.g. providing IT support and maintenance, providing customer services, providing hosting services, providing marketing services and providing online payment services. These service providers may have access to personal information needed to perform their functions on our behalf but are not permitted to share or to use such information for any other purpose. ghd may also share limited personal information with other companies within the ghd group of companies e.g. to the extent needed for proper management and parental analysis and decision making.
ghd may also disclose your personal information:
- In response to a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise its legal rights; to defend legal claims; or as otherwise required or permitted by applicable laws and/or regulations;
- When ghd believes that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property or safety of ghd, its customers, staff, suppliers or others; to comply with applicable law or co-operate with law enforcement; or to enforce its terms or other agreements; and
- To prospective or actual buyers in the event that ghd sells any of its business or assets.
Other than as set out above, we will not transfer, disclose, sell, distribute or lease your personal information to third parties unless we have your permission to do so or are otherwise required or permitted to do so by law.
Direct marketing and your preferences
ghd and (if you agree to our sharing your personal information with them) other members of the ghd group of companies may wish to provide you with information about new products, promotions, special offers and other which may be of interest to you and invite you to take part in market research. This communication may occur by post (unless you have asked us not to do so) and if you agree, by telephone, email or SMS.
ghd will ensure that any direct marketing or market research that you receive or are contacted about by electronic means will include an ‘unsubscribe’ facility, such as a link or an email address to which you can send an opt-out request. ghd and members of the ghd group of companies will stop any marketing to which you object or withdraw your consent to. You can change your mind at any time about marketing by informing ghd using the contact details set out at the top of this notice. In such cases ghd would not necessarily remove all your personal data from its database(s) but would note and respect your changed direct marketing preferences.
How to get copies of or amend the information we have collected
You may request details of personal information which we hold about you at any time. A small fee for providing access to this information will be payable to cover our administration costs, which is currently £10. If you would like a copy of the information held on you please contact us at ghd, Bridgewater Place, Water Lane, Leeds, LS11 5BZ enclosing a cheque or postal order for £10 made payable to Jemella Limited. [Note: insert details specific for Australia.]
If you believe that any personal information we have about you is incorrect or incomplete, please write to or e-mail us as soon as possible. We will correct or update any personal information as soon as possible.
Alternatively, you may correct any inaccuracies in the personal information you have provided to us by signing in to your online account.
Security and storage
Please remember that the internet is not a secure medium. Communications over the internet such as e-mails are not secure unless they have been encrypted.
We have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information we collect online. We use industry standard encryption technologies when collecting or transferring customer credit card information exchanged with our Site server - all your card details are passed from your browser to our secure payment gateway using secure sockets layer (SSL) encryption. Our payment gateway provider use secure sockets layer (SSL) encryption system. All other information transferred is conducted through a secure connection.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. All information provided through the Site, telephone, catalogue and in store is stored on servers located in the European Economic Area (EEA). It will be processed by staff operating in the UK who work for our company. Such staff may be engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. ghd will take all steps reasonably necessary to ensure that your data is treated securely in accordance with this Privacy and Cookies Policy.
- place advertisements for our products on other external sites. We do this by allowing third parties including Google and Adserve to place cookies on our Site which allows them to identify your visit to our Site and preferences shown whilst on it, and your visits to subsequent third party websites in their adserving network. This allows us to serve tailored advertisements to you on those third party websites based on the information we have collected on your interests whilst you were visiting our Site.
- help the Site to function correctly and ensure that the ‘add to basket’, navigation and country site settings are maintained.
- monitor the Site’s performance and ensure that we deliver a fast browsing experience.
- allow you to share content with social networks, express interest in content and connect with your social media networks.
- to allow us to collect anonymous data about Site usage to help us improve the usability, content and user experience of the Site. This includes site analytics cookies such as Google Analytics. We also use Google Analytics to collect information about your online activity on the Site, such as the web pages you visit, the links you click, and the searches you conduct on the Site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the Site, where visitors have come to the site from and the pages they visited. For more information about the information gathered using Google Analytics please visit http://www.google.com/intl/en_uk/analytics/tos.html
- to assess third party conversion by allowing us to collect anonymous data about how our marketing is performing.
Please click here for more detailed information about each type of cookie used on the Site, its purpose and whether it operates as a session or persistent cookie.
Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies. You may delete or decline cookies by changing your browser settings. (Click “Help” in the toolbar of most browsers for instructions or review the cookie management guide produced by the Interactive Advertising Bureau – www.allaboutcookies.org.) If you do so, some of the features and services of the Site may not function properly. To opt out of being tracked by Google Analytics across all Sites visit http://tools.google.com/dlpage/gaoptout. Your continued use of the Site will be treated as consent to the use of these cookies for the purposes described.
Will my personal data be transferred abroad?
We may transfer and process your personal information on a server or servers located in the UK and other countries outside of Australia. By using this site and submitting your personal information you consent to this transfer and storage.
If we transfer your personal information to a person, company, office, branch, organisation, service provider or agent in another country, we will make sure that we have appropriate security and privacy measures in place with such third parties covering how they hold and maintain any personal information on our behalf.
ghd air™ trade-in terms and conditions
The following definitions apply in these terms and conditions:
Customer (you) means any person who purchases a ghd air Professional Hairdryer from a ghd approved Salon.
Discount Code means one of the codes representing the Customer's old brand of hairdryer (available in Australia only).
Jemella means Jemella Australia Pty Ltd ACN 104 455 138.
Hairdryer Trade In Program means the program being offered by Jemella on these terms and conditions.
Online Voucher means the voucher which may be downloaded from the Website during the Promotion Period and which does not have any monetary value.
Promotion Period means the period from the 14 August 2012 up to and including 5 October 2012.
Purchase Price means the retail price of a ghd air Professional Hairdryer.
Reduction means the reduction in the retail price of a ghd air by the Reduction Amount.
Reduction Amount means the amount of:
(a) AU$50 (including GST) where the Salon is in Australia; and
(b) NZ$50 (including GST) where the Salon is in New Zealand.
Salon means any salon which is invited to participate in the Hairdryer Trade In Program by Jemella.
Trade In Hairdryer means any full sized hairdryer (travel sized hairdryers will not be accepted) delivered to the Salon by a Customer as part of the Hairdryer Trade In Program.
Website means www.ghdhair.com/au.
(a) Participation in any aspect of the Hairdryer Trade In Program indicates the Customer has read and agreed to be bound by these Terms and Conditions.
(b) The Customer may participate in the Hairdryer Trade In Program and claim the Reduction during the Promotion Period by any of the following means:
(i) delivering a Trade In Hairdryer to a participating Salon (as described in clause 3 of these Terms and Conditions); or
(ii) delivering a Trade In Hairdryer together with an Online Voucher to a participating Salon (as described in clause 3 of these Terms and Conditions); or
(iii) entering the Discount Code when purchasing a ghd air Professional Hairdryer during the Promotion Period on the Website (in accordance with clause 4 of these Terms and Conditions). This is available in Australia only.
(c) Any point of sale material form part of these Terms and Conditions.
(d) The Customer agrees and acknowledges that the Hairdryer Trade In Program:
(i) does not relate to any ghd products which are not specifically expressly referred to in these Terms and Conditions; and
(ii) only relates to the ghd air Professional Hairdryer
3. CLAIMING REDUCTION AT A SALON
(a) Only Salons that have been specifically invited by Jemella to participate in the Hairdryer Trade In Program will be entitled to provide Customers with the Reduction Amount.
(b) Subject to availability, participating Salons will be entitled to provide a Customer with the Reduction Amount off the Purchase Price of a ghd air Professional Hairdryer where that Customer during the Promotion Period and in accordance with these Terms and Conditions:
(i) delivers a Trade In Hairdryer to the participating Salon or
(ii) delivers a Trade In Hairdryer together with an Online Voucher to a participating Salon.
(c) During the Promotion Period, the Customer may download the Online Voucher from the Website.
(d) The Salon is only entitled to provide a Customer one Reduction per Trade In Hairdryer (with or without an Online Voucher) delivered by the Customer to the Salon during the Promotion Period. For example, if a Customer delivers a Trade In Hairdryer (with or without an Online Voucher) to the Salon, the Customer will receive a Reduction off the Purchase Price on one ghd air Professional Hairdryer. If the Customer delivers another Trade In Hairdryer (with or without an Online Voucher), the Customer will be entitled to the Reduction off the Purchase Price on one ghd air Professional Hairdryer. For the avoidance of doubt, if a Customer purchases more than one ghd air Professional Hairdryer after delivering one Trade In Hairdryer (with or without an Online Voucher) during the Promotion Period, the Customer is only entitled to the Reduction off the Purchase Price on one ghd air Professional Hairdryer.
4. CLAIMING REDUCTION ONLINE - AVAILABLE IN AUSTRALIA ONLY
(a) Subject to availability, by selecting a Discount Code where indicated, the Customer will receive a discount of the Reduction Amount off the Purchase Price when the Customer purchases a ghd air Professional Hairdryer during the Promotion Period on the Website.
(b) The discount of the Reduction Amount will be applied to the Purchase Price at the time of completion of the purchase of the ghd air Professional Hairdryer on the Website.
(c) The Customer is only able to select from those brands listed in the Discount Code options. Participation in the Hairdryer Trade In Program by purchasing a ghd air Professional Hairdryer on the Website is only available if a Discount Code can be selected.
(d) The Customer will only receive one Reduction per purchase of ghd air Professional Hairdryer on the Website (using the Discount Code) during the Promotion Period.
(e) The Reduction is not available to sales made through the internet (including sales through online auction sites including eBay) other than the purchase of a ghd air Professional Hairdryer on the Website using the Discount Code in accordance with these Terms and Conditions.
5. PERIOD OF PROGRAM
(a) The Hairdryer Trade In Program runs for the Promotion Period
(b) In its sole and absolute discretion by notice (written or otherwise) to the Salon, Jemella may:
(i) shorten or extend the Promotion Period;
(ii) cancel or change the Hairdryer Trade In Program;
(iii) require a Salon to cease participating in the Hairdryer Trade In Program; or
(iv) amend these Terms and Conditions.
(a) During the Promotion Period, for each:
(i) Discount Code selected as part of purchase of a ghd air Professional Hairdryer on the Website (available in Australia only); or
(ii) Trade In Hairdryer (with or without an Online Voucher) delivered to the Salon, the Customer is entitled to the Reduction off the Purchase Price.
(b) Subject to clause 5(b), the Reduction is only applied to the Customer's purchase of ghd air Professional Hairdryers if the Customer has complied with these Terms and Conditions and:
(i) where the Customer is delivering a Trade In Hairdryer ( with or without an Online Voucher) to a participating Salon:
(A) the ghd air Professional Hairdryer is purchased by the Customer from the Salon during the Promotion Period; and
(B) the Salon has received one (1) Trade In Hairdryer in accordance with these Terms and Conditions from the Customer, or
(ii) where the Customer is making a purchase on the Website:
(A) the Customer purchases the ghd air Professional Hairdryer on the Website during the Promotion Period; and
(B) the Customer selects a Discount Code (Available in Australia only).
7. RESTRICTION ON PARTICIPATION
(a) To the extent permitted by law, Jemella will not be liable for any loss, damage, cost and expense including:
(i) any loss caused by the negligence of Jemella, its employees, servants or agents; and
(ii) without limitation, direct, indirect or consequential loss or personal injury suffered or sustained, howsoever caused or suffered by the Customer in connection with the Hairdryer Trade In Program including but not limited to circumstances where:
(iii) the Customer is not entitled to the Reduction as a result of the Customers failure to comply with these Terms and Conditions;
(iv) ghd air Professional Hairdryers are not available for the purposes of the Hairdryer Trade In Program; or
(v) Jemella exercises its rights as set out in clauses 5(b) of these Terms and Conditions.
(b) For the avoidance of doubt Jemella will not pay any amount directly to the Customer.
(c) These Terms and Conditions will be interpreted in accordance with the law of Queensland, Australia.
(d) Each provision of these Terms and Conditions is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from these Terms and Conditions in the relevant jurisdiction, but the rest of these Terms and Conditions will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.
(e)These Terms and Conditions, together with any point of sale material, contain everything the parties have agreed in relation to the subject matter they deal with
ghd Pink Diamond competition terms and conditions
1. The ghd Pink Diamond Competition (“Competition”) is conducted by Jemella Australia Pty Ltd ACN 104 455 138 (“ghd hair”).
ghd Pastels Pin to Win Pinterest competition terms and conditions
1. The ghd Pastels Pin to Win Pinterest (“Competition”) is conducted by Jemella Australia Pty Ltd ACN 104 455 138 (“ghd hair”).
2. By entering into this Competition, you are deemed to accept the terms and conditions of the Competition. These terms and conditions prevail to the extent of any other published material, information or point of sale material used in connection with this Competition. This Competition is a game of skill – chance plays no part in determining the winner.
3. The Competition commences at 12.00pm (Australian Eastern Standard Time) on 21 March 2014 and closes at 5pm (Australian Eastern Standard Time) on 7 March 2014 ("Competition Period")
4. Employees, agents, contractors and persons professionally associated with ghd hair or the conduct of the Competition are not entitled to enter. Entry is open to all residents of Australia who submit a valid entry in the Competition Period in accordance with these terms and conditions.
5. You must be at least 18 years of age to enter the Competition.
6. To participate in the Competition you must during the Competition Period:
6.1. Create a Pinterest board called ‘ghd pastels pin to win’ inspired by your favourite ghd pastels collection styler colour – jade lavender or periwinkle with;
6.1.1. Call your board ‘ghd pastels pin to win’
6.1.2. A picture of the ghd pastels collection styler your board is inspired by
6.2. The aim of the Pinterest board should be to capture:
6.2.1. Creativity: The board should creatively capture your favourite ghd pastels collection styler.
6.2.2. Originality: The Pinterest board is original and was collated by you as the entrant of the Competition,
6.2.3. Representation of the ghd brand: it portrays the ghd brand; unpredictable, sophisticated, understated & strong.
6.3. Submit a valid entry by the ghd Pastels Pin to Win Facebook application during the Competition Period.
7.1. not completed in accordance with these terms and conditions;
7.2. received outside the Competition Period;
7.3. that contain defamatory comments, profanities or offensive material; or will be deleted from the Competition street, will not be considered valid entries and will not be considered by the judging panel.
8. Any questions in relation to the Competition should be directed to ghd hair via the website enquiry form at www.ghdhair.com/au or on telephone 1300 443 424, not via Pinterest, Facebook, Twitter or Instagram.
9. All work submitted must be your own work and must not infringe any other person’s intellectual property rights. You indemnify ghd hair, its officers, employees, agents and consultants against any claim against ghd hair caused by your use of any other person’s intellectual property in your entry.
10. By entering the Competition:
10.1. You agree to take part in any photo shoots, interviews and publicity which may be required by ghd hair in relation to the Competition or any of ghd hair's products.
10.2. You consent to ghd hair using any of your comments and any images (including photographs submitted by you) of you or your salon, for any purpose whatsoever (including without limitation publication in any magazine, advertisement or promotion conducted by ghd hair in print or online including social media channels) without further reference, acknowledgement, attribution or compensation to you.
10.3. You agree to your name, location and photographs being published for any purpose whatsoever, including without limitation for the purposes of marketing, advertising or any promotion conducted by ghd hair without further reference, acknowledgement, attribution or compensation to you.
10.4. You assign all property and intellectual property rights (including any copyright and moral rights) in all material (including photographs) included in your entry ("Entry Material") to ghd hair as and from the date of its creation. ghd hair will not return your entry to you and is not required to refer to you as the author of any of the material included in your entry. To the extent that any intellectual property rights in the Entry Material cannot be assigned, you grant ghd hair a, perpetual, worldwide royalty-free, non-exclusive, transferable, irrevocable licence (with a right to sublicense) to use, reproduce, edit, publish, broadcast, adapt, and communicate the Entry Material. You agree and acknowledge that no fee or compensation will be payable to you (or any other party) for this assignment and ghd hair's use of your Entry Material.
10.5. Without limiting these terms and conditions, you consent to ghd hair in its absolute discretion doing any attributable act (as that term is defined in the Copyright Act 1968 (Cth) or reproducing, publishing, copying, adapting, performing, communications, showing or exhibiting in or to the public, materially distorting, destroying, mutilating, altering or in any other way changing or using or not using the Entry Material (or a substantial part of adaptation of it) that is or may be prejudicial to your honour or reputation, with or without your attribution of authorship, with or without any other materials comprised in the Entry Material, with or without any other text, data, sounds or images (whether animated or not), with no title, the same title or any other title, in any medium, in any context or in any way it sees fit.
10.6. You acknowledge you may be required to sign a statutory declaration in relation to the originality of the Entry Material.
11. You enter and participate in the Competition and (if you are the winner) you participate in the prize solely at your own risk.
12. Without limitation, ghd hair, its officers, employees, agents and consultants and judges of the Competition:
12.1. Are not in any way responsible for and disclaims all liability in connection with any:
12.1.1. corrupted digital files, lost, misdirected, incomplete, indecipherable, entries which are unable to be opened or viewed or delayed entries including (without limitation) entries which is not received by received during the Competition Period.
12.1.2. malfunction, delay or traffic congestion on any telephone network or line, internet, computer, computer on-line system, servers or providers, equipment, software or website;
12.1.3. theft or third party interference;
12.1.4. variation in prize value;
12.1.5. failure of entry being received in accordance with the terms and conditions; nor
12.1.6. injury or damage to entrants or any other person related to or resulting from participation in the Competition.
12.2. Will not be liable for, are released from and hereby exclude any loss, damage, cost and expense (including any loss caused by the negligence of ghd hair, its employees, officers, agents and consultants), howsoever caused or suffered in connection with:
12.2.1. the Competition (including but not limited to the use of the images or photographs, any failure to obtain any necessary permissions and releases in relation to the use of the images or photographs, inability or failure to contact a prize winner, or any damage to or loss of Entry Material); and
12.2.2. these terms and conditions including, without limitation, direct, indirect or consequential loss or personal injury suffered or sustained.
13. You indemnify ghd hair, its officers, employees, agents and consultants against any liability, injury, loss or damage which may be suffered, incurred or sustained by ghd hair, its officers, employees, agents and consultants in connection with:'
13.1. any breach by you of these terms and conditions against ghd hair caused by your use of any other person’s intellectual property in your entry; or
13.2. any act or omission (including negligence) by the you in connection with the Competition, or use of a prize (if you are selected as a winner).
14. Without limitation of any other rights, ghd hair reserves the right to disqualify any entrant who:
14.1. has or is suspected to have tampered with the entry process for the Competition;
14.2. undertaken an unauthorised intervention with the running or functioning of the Competition; or
14.3. engaged in any unlawful or other improper misconduct in relation to the running of the Competition
15. Any entries received after end of the Competition Period or not completed in accordance with the conditions of entry will not be accepted and will not be considered. Indecipherable or incomplete entries or entries that cannot be opened or viewed will be disregarded. No responsibility is taken for late or misdirected entries.
16. ghd hair may at any time in its absolute discretion and without prior notice to you or liability to you or any other person:
16.1. cancel or change the Competition;
16.2. amend the terms and conditions;
16.3. elect not to accept all or any entry or Entry Material; or
16.4. disqualify any entry or entrant which breaches any of the terms and conditions.
17. Entries will be judged by the judging panel appointed by ghd hair. The winning entry will be the entry that most closely represents the following three criteria:
17.1.1. Creativity: The board should creatively capture your favourite ghd pastels collection styler.
17.1.2. Originality: The Pinterest board is original and was collated by you as the entrant of the Competition,
17.1.3. Representation of the ghd brand: it portrays the ghd brand; unpredictable, sophisticated, understated & strong.
17.1.4. Any other matter in the judging panel's absolute discretion.
18. This is a game of skill. Chance plays no part in determining the winners.
19. The prize for the top 3 ghd pastels pin to win boards;
19.1. ghd pastels collection styler in the colour their board is inspired by
20. The winners will be announced on 14th March 2014 ("Winner Announcement Date").
21. The winners will be announced on the ghd Australia's Facebook. In the sole and absolute discretion of ghd hair, the winners and winning entries may also be published on www.ghdhair.com/au
22. It is the sole responsibility of the winners to provide their contact details (including name, address and telephone number) to ghd hair to claim their prize. The ghd hair contact details will be explained in the announcement of the winners. A failure to provide the required contact details or the provision of incorrect contact details by the winners may result in the prize being forfeited in its entirety and the judging panel may reallocate the prize in their sole and absolute discretion.
23. ghd hair will try to continue to contact the prize winners for a period of two (2) weeks after the Winner Announcement Date. If a winner cannot be contacted to claim the prize, the prize will be forfeited in its entirety and the judging panel may reallocate the prize in their sole and absolute discretion.
24. The panels' decisions are final. In the event of any dispute regarding the Competition (including the interpretation and application of the terms and conditions, the results of the Competition, a panel's decision or any other matter) the decision of the panel is final and no correspondence or discussion will be entered into. The panel reserves the right to re-judge the Competition if the prize winners are unable to satisfy these terms and conditions. The panel, at their discretion, may allocate fewer than the number of prizes stated in these terms and conditions (including in circumstances where insufficient entries into the Competition are received or Entry Material is judged to be of a poor standard).
25. ghd hair will not enter into any correspondence in relation to the allocation of the prize or the Competition.
26. ghd hair takes no responsibility for the value of the prizes.
27. Prizes are non-transferable, subject to availability and are not exchangeable for cash. ghd hair reserves the right at its sole discretion to substitute prizes of equal or greater value.
28. ghd hair will make all reasonable attempts to deliver the prizes to the prize winners at the addresses provided. However, ghd hair, its employees, officers, agents and consultants takes no responsibility if the prizes are lost or damaged in transit or if the prize is returned as a result of non-delivery at the provided address.
29. Proof of identity or other information may be required in order to claim a prize and ghd hair may require prize winners to enter into a winner's deed of release. A failure to provide this information or sign the deed may result in the prize winner forfeiting the prize.
30. The prize winners may be liable to declare the Competition prizes for taxation purposes and will be liable for any tax payable in respect of the prizes. ghd hair, its employees, officers, agents and consultants takes no responsibility for any taxation consequences in connection with entering into the Competition – it is recommended you obtain independent financial advice in respect of the potential financial consequences.
31. To the maximum extent permitted at law, ghd hair, its employees, officers, agents and consultants exclude all guarantees, representations or warranties, express or implied, in relation to the Competition and the Competition prizes.
32. Nothing in these terms and conditions is intended to exclude, restrict or modify any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation (including the Australian Consumer Law) which cannot lawfully be excluded or limited.
33. If any guarantee, warranty, term or conditions implied or imposed under the Australian Consumer Law or any other applicable legislation in relation to the prizes provided in connection with this Competition cannot be excluded (a “Non-Excludable Provision”) and ghd hair is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of ghd hair, its employees, officers, agents and consultants for:
33.1. breach of the Non-Excludable Provision; and
33.2. in respect of all other liability in relation to the prizes provided in connection with this Competition, is excluded.
34. To the maximum extent permitted by law, ghd hair, its employees, officers, agents and consultants expressly disclaims all liability for any loss, injury, claims, costs or damage whatsoever (including but not limited to indirect or consequential loss and personal injury) suffered or sustained in connection with any participant’s participation in the Competition (including the announcement or acceptance of any Competition prize whether or not ghd hair, its employees, officers, agents and consultants has complied with these terms and conditions).
35. These terms and conditions will be governed by the laws of Queensland, Australia and the courts shall have exclusive jurisdiction in relation to any disputes arising in relation to them.
36. If for any reason this Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of ghd hair which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, ghd hair assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries.
37. By entering the competition you consent to the publication of your name, city of origin and use of your Entry Material (including the photograph) in any media published in connection with the promotion. ghd hair collects personal information about entrants to include in the Competition and where appropriate award the prizes. If the personal information requested is not provided, you may not participate in the Competition. By participating in the Competition, you also acknowledge that a further primary purpose for collection of your personal information by ghd hair is to enable ghd hair to use the information to assist ghd hair in improving goods and services and to contact entrants in the future with information on special offers or provide you with marketing materials via any medium including, but not limited to, mail, telephone and commercial electronic messages. ghd hair may share information with its related companies or promotional partners who may contact you in this way with special offers.
38. This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram.
39. These terms and conditions supersede all previous agreements, terms, point of sale material, representations, negotiations, arrangements, understandings or other communications in respect of its subject matter and embodies the entire terms and conditions applying to the Competition. You acknowledge you have not entered into the Competition relying on any representations made, other than those expressly made in these terms and conditions.
ghd Spotlight - Win a styling shoot with Frank Apostolopoulos
1. The ghd spotlight competition (“Competition”) is conducted by Jemella Australia Pty Ltd ACN 104 455 138 (“ghd hair”).
2. By submitting your entry, you are deemed to accept the terms and conditions of the Competition. These terms and conditions prevail to the extent of any other published material, information or point of sale material used in connection with this Competition. This Competition is a game of skill – chance plays no part in determining the winner.
3. Employees, agents and persons professionally associated with ghd hair or the conduct of the Competition are not entitled to enter. Entry is open to all residents of Australia and New Zealand who submit a valid entry in accordance with these terms and conditions.
4. The Competition commences at 12.01am (Australian Eastern Standard Time) on Monday 3rd March 2014 and closes at 5pm (Australian Eastern Standard Time) on Sunday 1st June 2014 ("Competition Period").
5. To participate in the Competition you must:
5.1. Be a professional hair stylist in and a resident of Australia or New Zealand, with your own ghd showcase profile;
5.2. Submit as part of your entry, a photograph or video of a hair style in line with the competition brief. The brief is to show your take of a style that embodies the ghd ethos of authentic beauty, by reworking a classic, or taming-down the avant-garde, being creative and showing your interpretation of natural authentic real beautiful hair. The photograph/video does not need to be shot professionally, however must be your own original work;
5.3. Provide any contact details required by ghd hair in connection with the Competition; and
5.4. Correctly submit a valid entry by creating a showcase profile, and uploading the image or video with the hashtag #takethespotlight by 5pm (Australian Eastern Standard Time) on Sunday 1st June 2014 (“Closing Date”).
6. Entries not completed in accordance with these terms and conditions and received outside the Competition Period will not be considered valid.
7. Number of entries into the competition are not limited.
8. All work submitted must be your own work and must not infringe any other person’s intellectual property rights. You indemnify ghd hair, its officers, employees, agents and consultants against any claim against ghd hair caused by your use of any other person’s intellectual property in your entry.
9. By entering the Competition:
9.1. You agree to take part in any photo shoots, interviews and publicity which may be required by ghd hair in relation to the Competition or any of ghd hair's products.
9.2. You consent to ghd hair using any of your comments and any images (including photographs) and video submitted as part of your entry, for any purpose whatsoever (including without limitation publication in any magazine, advertisement or promotion conducted by ghd hair in print or online including social media channels) without further reference, acknowledgement, attribution or compensation to you or your salon.
9.3. You agree to your name, salon name, location and photographs/video being published for any purpose whatsoever, including without limitation for the purposes of marketing, advertising or any promotion conducted by ghd hair without further reference, acknowledgement, attribution or compensation to you or your salon.
9.4. You assign all property and intellectual property rights (including any copyright and moral rights) in all material (including photographs and videos) included in your entry ("Entry Material") to ghd hair as and from the date of its creation. ghd hair is not required to refer to you as the author of any of the material included in your entry. To the extent that any intellectual property rights in the Entry Material cannot be assigned, you grant ghd hair a, perpetual, worldwide royalty-free, non-exclusive licence (with a right to sublicense) to use, reproduce, publish, adapt, and communicate the Entry Material. You agree and acknowledge that no fee or compensation will be payable to you, your salon (or any other third party) for this assignment and ghd hair's use of your Entry Material.
9.5. Without limiting these terms and conditions, you consent to ghd hair in its absolute discretion doing any attributable act (as that term is defined in the Copyright Act 1968 (Cth)) or reproducing, publishing, copying, adapting, performing, communications, showing or exhibiting in or to the public, materially distorting, destroying, mutilating, altering or in any other way changing or using or not using the Entry Material (or a substantial part or adaptation of it) that is or may be prejudicial to your honour or reputation, with or without your attribution of authorship, with or without any other materials comprised in the Entry Material, with or without any other text, data, sounds or images (whether animated or not), with no title, the same title or any other title, in any medium, in any context or in any way it sees fit.
9.6. You acknowledge you may be required to sign a statutory declaration in relation to the originality of the Entry Material.
10. You enter and participate in the Competition and (if you are the winner) you participate in the prize solely at your own risk.
11. Without limitation, ghd hair, its officers, employees, agents and consultants and judges of the Competition:
11.1. Are not in any way responsible for any:
11.1.1. corrupted digital files (including any file format in which your Entry Material is recorded), lost, misdirected, incomplete, indecipherable entries which are unable to be opened or viewed or delayed entries including (without limitation) entries which are not received during the Competition Period
11.1.2. malfunction, delay or traffic congestion on any telephone network or line, internet, computer, computer on-line system, servers or providers, equipment, software or website;
11.1.3. theft or third party interference;
11.1.4. variation in prize value;
11.1.5. failure of any communication or entry being received in accordance with the terms and conditions; nor
11.1.6. injury or damage to entrants or any other person related to or resulting from participation in the Competition or creation of the entry.
11.2. To the maximum extent permitted by law, will not be liable for, is released from and hereby excludes any loss, damage, cost and expense (including any loss caused by the negligence of ghd hair, its officers, employees, agents and consultants), howsoever caused or suffered in connection with:
11.2.1. the Competition (including but not limited to the use of the images, videos or photos, any failure to obtain any necessary permissions and releases in relation to the use of the images, videos or photos or any damage to or loss of submitted Entry Material); or
11.2.2. the terms and conditions (including whether or not ghd hair, its officers, employees, agents and consultants have complied with these terms and conditions) including, without limitation, direct, indirect or consequential loss or personal injury suffered or sustained.
12.1. not completed in accordance with these terms and conditions;
12.2. received after the Closing Date;
12.3. that contain defamatory comments, profanities or offensive material,
12.4. that are indecipherable or incomplete entries or entries that cannot be opened or viewed will be deleted or disregarded from the Competition andwill not be considered valid entries. No responsibility is taken for late or misdirected entries.
TERMS AND CONDITIONS
1.1 This document sets out the terms and conditions (“Terms”) that apply to participation in the ghd Curl Diaries Competition (“Competition”).
1.2 The Promoter is Jemella Ltd, trading as ghd, of Bridgewater Place, Water Lane, Leeds, LS11 5BZ, England, the owner of the ghd brand. The Promoter reserves the right to change these Terms at any time and to communicate the changes to entrants by updating these Terms on Instagram.
1.3 By entering this Competition all entrants will be deemed to have accepted and agreed to be bound by these Terms.
1.4 This Competition is a game of skill – chance plays no part in determining the winners.
2.1 To participate in the Competition entrants must be:
a) aged 18 or over;
b) resident in Australia; and
c) have an Instagram account and follow @ghdhair
2.2 To enter the Competition, entrants must take a selfie or tag an existing photo of themselves showing their best curly-haired look, whether it is natural or been created with a little styling help. From big bouncy curls to beachy tousles and glamorous waves – we want to see them all!
2.3 The photo should be uploaded to Instagram using hashtag #curldiaries and with the entrant’s country of residence in the caption.
2.4 No purchase of any product is necessary to enter the Competition.
2.5 The winners will be selected by an independent judge and will be contacted within 14 days of the closing date. Winners will be selected using the following criteria:
a) Creativity – the entrant's #curldiaries selfie or existing photo should creatively capture the entrant's best curly-haired look;
b) Originality - the entrant's #curldiaries selfie or existing photo is original and was collated by the entrant of the Competition; and
c) representation of the ghd brand - the entrant's #curldiaries selfie or existing photo portrays the ghd brand; confidence, style and most importantly the essence of a good hair day.
2.6 The Competition will run from 12.01am (Australian Eastern Standard Time) on 22nd September to 11.59pm (Australian Eastern Standard Time) on 27th October. Any entries received after the closing date will not be eligible.
2.7 Employees of the Promoter or any related companies and their family members, are not permitted to enter the Competition.
2.8 The Promoter does not accept responsibility for any late, lost, incomplete, fraudulent entries or entries that cannot be viewed.
3.1 Five winners will be selected, one from each of the UK/ROI, USA, Australia, New Zealand and South Africa. Each will receive the ultimate ghd curve styling kit which includes a classic wave wand, soft curl tong, creative curl wand, classic curl tong, curl hold spray and ghd oval dressing brush. The estimated value of the prize for each winner is $834.
3.2 In the event that contact cannot be made with a winner after 3 attempts the Promoter shall select another winner.
3.3 The winners will receive their prize within 28 days of the closing date.
3.4 There is no cash alternative and the Promoter reserves the right to substitute any prize with a prize of equivalent value in the event of circumstances outside of its control. Prizes are not transferable or exchangeable.
3.5 The winners’ names and counties will be available upon request by writing to the Promoter. The Promoter, at its discretion, may allocate fewer than the number of prizes stated in these terms and conditions.
3.6 The Promoter reserves the right, at any time, to verify the validity of entries and the identity of entrants.
4.1 The Promoter’s decision is final and no correspondence on any matter concerning the Competition will be entered into.
4.2 The Promoter reserves the right to suspend or terminate the Competition, amend these terms and conditions or to extend the closing date.
4.3 These Terms are governed by the laws of Queensland, Australia.
4.4 This promotion is no way sponsored, endorsed or administered by, or associated with Instagram. You are providing your information to the Promoter, not Instagram.
4.5 To the maximum extent permitted at law, the Promoter, its employees, officers, agents and consultants exclude all guarantees, representations or warranties, express or implied, in relation to the Competition and the Competition prizes.
4.6 If any guarantee, warranty, term or condition implied or imposed under the Australian Consumer Law or any other applicable legislation in relation to the prize provided in connection with this Competition cannot be excluded (a “Non-Excludable Provision”) and the Promoter is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of the Promoter, its employees, officers, agents and consultants for:
4.6.1 breach of the Non-Excludable Provision; and
4.6.2 in respect of all other liability in relation to the prizes provided in connection with this Competition,
is excluded or limited to the maximum extent permitted at law.
4.7 Nothing in these terms and conditions is intended to exclude, restrict or modify any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation (including the Australian Consumer Law) which cannot lawfully be excluded or limited.
4.8 To the maximum extent permitted by law, the Promoter will not be liable for, is released from and hereby excludes any loss, damage, cost and expense (including any loss caused by the negligence of the Promoter, its employees, officers, agents and consultants), howsoever caused or suffered directly or indirectly in connection with this Competition.
6. Intellectual Property
6.1 By tagging #curldiaries the entrant grants to the Promoter a transferable, worldwide, irrevocable, non-exclusive, royalty-free licence (with a right to sublicence) to use the materials uploaded to Instagram ("Entry Materials") and to participate in such reasonable promotional activities as the Promoter may request.
6.2 Without limiting these terms and conditions, the entrant consents to the Promoter in its absolute discretion doing any attributable act (as that term is defined in the Copyright Act 1968 (Cth)) or reproducing, publishing, copying, adapting, performing, communicating, showing or exhibiting in or to the public, materially distorting, destroying, mutilating, altering or in any other way changing or using or not using the Entry Materials (or a substantial part of adaptation of it) that is or may be prejudicial to the entrant's honour or reputation, with or without attribution of authorship, with or without any other materials comprised in the Entry Materials, with or without any other text, data, sounds or images (whether animated or not), with no title, the same title or any other title, in any medium, in any context or in any way the Promoter sees fit.