© Jemella LTD
Terms & Conditions
Last Updated: March 2012
This website at www.ghdhair.com, including any discussion forums contained on the website (“Site”) is operated by Jemella Limited (trading as Good Hair Day South Africa (Pty) Ltd), a company incorporated in South Africa (registered number 2004/021262/07 with its registered address at Ground Floor, Building 3 Park Nicol,3001 William Nicol Drive, Bryanston, South Africa, (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 .
[Drafting Note – details to be changed to reflect South African entity]
ghd has offices in South Africa and may from time to time have alliances with companies outside South Africa. However, content related to the products and services featured on this website are based on the laws of South Africa unless otherwise expressly stated. Your use of this website and any dispute arising out of the website is subject to the laws of South Africa. Any dispute arising out of the use or publication of this website is subject to the exclusive jurisdiction of the courts of South Africa.
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 beforehand 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.
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:
18.104.22.168 be accurate (where they state facts);
22.214.171.124 be genuinely held (where they state opinions); and
126.96.36.199 comply with applicable law in South Africa.
5.2.3 Contributions must not:
188.8.131.52 contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
184.108.40.206 promote sexually explicit material;
220.127.116.11 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
18.104.22.168 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;
22.214.171.124 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
126.96.36.199 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;
188.8.131.52 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
184.108.40.206 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 of a warning to you;
5.3.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5.3.5 further legal action against you; and
5.3.6 disclosure of such information to law enforcement authorities as we reasonably feel is 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 to the fullest extent possible by law 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 ghd does not make any warranty or representation that information and service/s advertised on the Site are appropriate for use in any jurisdiction.
6.3 Access to and use of this Site is at the user’s own risk and since it is beyond our control 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.
6.4 Subject to clause 6.6 below, and subject to any law to the contrary, 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 delict, including negligence (other than gross negligence), for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:
6.4.1 any indirect, special or consequential losses;
6.4.2 any losses or damages arising out of changes made to the content of this Site by unauthorised third parties;
6.4.3 any loss of business, data, profits, revenue, goodwill, use or anticipated savings;
6.4.4 loss or damage to your, or any third party’s, data or records;
6.4.5 any actions taken in response to breaches of the Contribution Standards set out in clause 5.3 above; or
6.6.1 death or personal injury caused by our gross negligence;
6.6.2 fraud or fraudulent misrepresentation;
6.6.3 any terms implied under the Consumer Protection Act 68 of 2008;
6.6.4 any legislative liability arising under the Consumer Protection Act 1987; or
6.6.5 any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6.7 Information transmitted via the internet is susceptible to monitoring and interception. You will bear all risks of transmitting information in this manner. We will not be liable for any loss, harm or damage suffered by you as a result of transmitting information to us.
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.
TERMS AND CONDITIONS OF SALE
1.1 When the following words with capital letters are used in these Terms, they have the meaning set out below:
(a) Event Outside Our Control: is defined in clause 10.2;
(b) Order: your order for the Products via the website;
(c) Products: the goods and/or gift cards that We are selling to you;
(d) Terms: the terms and conditions set out in this document; and
(e) We/Our/Us: Good Hair Day South Africa (Proprietary) Limited, trading as ghd, of Chestnut Grove, 122 Brackenhill Road, Waterfall 3610, KwaZulu-Natal.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Products to you.
2.2 Please ensure that you read these Terms carefully and check that the details of your Order are complete and accurate before you submit the Order.
2.3 These Terms and the Order constitute the whole agreement between you and Us.
2.4 When you submit the Order to Us, this does not mean We have accepted your Order. Our acceptance of the Order will take place as described in clause 2.5. If We are unable to supply you with the Products, We will inform you of this and We will not process the Order.
2.5 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order, at which point a contract will come into existence between you and Us.
2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time so you should check the Terms prior to placing any future Order.
3.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 12.
4. DELIVERY OF PRODUCTS
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products (including any pre-orders) and your address. Please consult the “Payment & Delivery” section of the website.
4.2 Delivery of an Order shall be completed when We deliver the Products to the address you gave Us.
4.3 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will, except where your Order includes a pre-order, deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
4.4 The Products will be your responsibility from the completion of delivery.
4.5 You own the Products once We have received payment in full.
4.6 On delivery of your Order please check the Products against the delivery note or covering email in the case of gift cards. If there is any discrepancy or if any Product is damaged please contact us within 7 days of receipt.
4.7 If you have not received your Order within 7 days of receiving the order confirmation please contact us.
5. IF PRODUCTS ARE FAULTY
As a consumer, you have legal rights in relation to Products that are faulty or not as described. These rights are set out in legislation, such as the Consumer Protection Act, 2008. Nothing in these Terms will affect these legal rights.
6. OUR WARRANTY
6.1 We warrant that on delivery and for the period set out below, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 6.2.
Hair care/styling products
6.2 This warranty does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions; and
(d) any alteration or repair by you or by a third party.
6.3 This warranty is in addition to your legal rights in relation to a Product that is faulty or not as described.
7. GIFT CARDS
7.1 Gift cards are only redeemable for goods on this website and may not be used to purchase further gift cards or exchanged for cash.
7.2 After making a purchase with your gift card no change will be given but any remaining balance may be applied to future purchases.
7.3 Gift cards will expire 3 years from the date purchase. At expiry, any remaining balance will be lost.
7.4 Gift cards may only be used to buy products from the same ghd country website as the gift card was bought from. For example, a gift card bought on the UK part of our website can only be used to buy goods from the UK part of our website.
7.5 Please protect your gift card and treat it as though it is cash. We cannot be responsible for gift cards that are lost, stolen or damaged.
7.6 If any goods purchased with a gift card are exchanged or refunded, any money owed to you will be added to the balance on a gift card.
8. PRICE AND PAYMENT
8.1 The price of the Products will be the price in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
8.2 All prices include VAT.
8.3 Depending on the method of delivery you select the prices for the Products may exclude delivery costs, which will be added to the total amount due. Please see the “Payment & Delivery” section of the website.
8.4 You must make payment for Products by credit or debit card or, if using Paypal, another method accepted by Paypal. We will collect funds from you when We despatch the Products.
9. OUR LIABILITY TO YOU
9.1 To the extent permitted by law, if We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence in each case up to the value of the applicable Order, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Us at the time we entered into the contract.
9.2 We do not exclude or limit in any way Our liability:
(a) for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) for fraud or fraudulent misrepresentation;
(c) if the Consumer Protection Act, 2008 applies and prohibits us from excluding or limiting our liability in the relevant manner.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
11.1 No promotion, discount or promotional code available for redemption on the website may be used in conjunction with another offer.
11.2 Only one promotional code can be used per Order.
11.3 A promotional code cannot be applied to an Order after it has been placed.
12. YOUR CANCELLATION RIGHTS
You have a right to cancel a contract at any time between placing your Order and 14 days from the day after the day you receive your Order. If you wish to cancel the contract, you must let Us know by telephone, letter, fax or email and then return the Products to Us. We shall provide you with a refund of the price paid for the Product within 14 days of the date we receive the Products or, if earlier, within 14 days from the date you provide proof of postage to Us.
13. OUR CANCELLATION RIGHTS
We may have to cancel an Order before the Products are delivered, due to an Event Outside Our Control or the unavailability of stock. We will contact you as soon as reasonably possible if this happens and offer you a choice of a refund or an alternative product.
14. INFORMATION ABOUT US AND HOW TO CONTACT US
14.1 We are a company based in South Africa and Our registered office is at Chestnut Grove, 122 Brackenhill Road, Waterfall 3610, KwaZulu-Natal.
14.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team on 086 010 9366 or by e-mailing Us using the contact form on the website.
14.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail, by hand or by pre-paid post to the address set out in clause 14.1. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand or by pre-paid post to the address you provide to Us in the Order.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
16. OTHER IMPORTANT TERMS
16.1 We may transfer Our rights and obligations under these Terms to another organisation and We will always notify you in writing if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
16.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
16.5 If We fail to insist that you perform any of your obligations under these Terms, if We do not enforce Our rights against you or if We delay in doing so that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you We will only do so in writing and that will not mean that We will automatically waive any later default by you.
16.6 These Terms are governed by the laws of South Africa. You and We both agree to submit to the non-exclusive jurisdiction of the South African courts.
Last updated: April 2012
What is personal information?
Personal information is information that identifies or relates specifically to you, for example, your name, age and identity number and your payment records. In short, any information that we know about you will be regarded as your personal information.
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.
We also voluntarily subscribe to the principles, outlined in Section 51 of the Electronic Communications and Transactions Act 2002 ('ECT Act'), which govern your right to having your personal information kept private. We briefly outline these principles below:
- We will only collect, collate, process and store ('use') your personal information with your permission unless legally required to do so, and will only use such information for the lawful purpose for which it is required.
- We will disclose in writing, the specific purpose for which we use, request and store your personal information. We will also keep a record of that personal information and the specific purpose for which we collect it.
- We will not use your personal information for any purpose, other than that which we disclosed to you, unless you give us your express written permission to do so, or unless we are permitted to do so by law.
Further to the requirements of the ECT Act; we will disclose your personal information without your consent:
- If we are required to do so by law or a court order;
- If disclosure is in the public interest;
- If disclosure is in our interest;
- With your implied consent.
Additional services may be available if we have certain information about you and we will collect certain information from you when you register with us. We may collect and use the following information:
- 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;
- personal 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 or any affiliates e.g. to the extent needed for proper management and parental analysis and decision making, promotional and marketing opportunities.
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 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), 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 provide a simple means for you to refuse further marketing. For example, in emails it may provide you with an ‘unsubscribe’ 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 within a reasonable period, in order to allow sufficient time for the change to be administered. 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 information 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
If you believe that any information we have about you is incorrect or incomplete, please write to or e-mail us as soon as possible so that we can correct or update any information as soon as possible.
Alternatively, you may correct any inaccuracies in the 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 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.
The purpose of "cookies" is to enhance your future visits to our Site. You can set your browser to notify you if "cookies" are to be transferred or to reject "cookies" but this may prevent your use of some of our web pages.
- 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?
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.
Which laws apply?
#BeforeandAfterghd Instagram Competition
1.1 This document sets out the terms and conditions (“Terms”) that apply to participation in the ghd #beforeandafter competition (“Competition”) via Instagram.com (“Instagram”).
1.2 The Promoter is Good Hair Day South Africa Pty Ltd, P.O Box 818, Gillits, 3603 (“Promoter”). 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 accept and agree to be bound by these Terms (as amended from time to time).
2.1 To participate in the Competition entrants must be:
a) aged 18 or over; and
b) resident in the Republic of South Africa.
2.2 To take part in the Competition, an entrant must:
a) take picture of the entrant showing the entrant’s hair before it has been styled with a ghd styler (“before picture”) and then take another picture which shows the entrant’s hair after it has been styled with a ghd styler (“after picture”);
b) have an Instagram account;
c) upload the before and after pictures to Instagram using @ghdhairsouthafrica and hashtag #beforeandafter.
2.3 Entrants must take the pictures themselves and may not enter pictures taken by any other person or from any other source. The picture must comply with such other requirements and criteria as may be published by the Promoter on Instagram and/or Facebook.
2.4 No purchase of any product is necessary to enter the Competition. The winner will be selected by an independent judge. Judging will take place within one week of the closing date. The outcome of the Competition depends on the merit of entries, and lot or chance plays no role. The entries will be judged based on creativity and originality, as well as compliance with these Terms. The Promoter reserves the right not to award any prize in the event that insufficient entries are received or if the Promoter is not satisfied with the quality of entries received.
2.5 The Competition will run from 25 June 2013 to 12 July 2013. Any entries received after the closing date will not be eligible.
2.6 Employees of the Promoter or any related companies, and their family members, are not permitted to enter the Competition.
3.1 The winner’s prize will be a ghd eclipse hair styler.
3.2 In the event that contact cannot be made with the winner after 3 attempts, the winner will forfeit the prize and Promoter shall be entitled, but not obliged, to select another winner.
3.3 The Promoter will send the prize off to the winner within 28 days of the winner being identified and contacted. The Promoter will send the prize to the address specified by the winner. The Promoter does not accept liability for prizes that are lost or not delivered.
3.4 There is no cash alternative for the prize 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.
3.5 The winner’s name will be available upon request by writing to the Promoter.
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 at any time or to extend any closing date.
4.3 The Promoter does not accept responsibility for any entries that are lost or are received late or incomplete. The Promoter may, at its discretion, disqualify late, incomplete or fraudulent entries or entries that do not comply with these rules. The Promoter may also disqualify an entrant if the Promoter finds that the entrant has attempted to manipulate the outcome of the Competition.
4.4 The Promoter may disqualify an entry if, in the Promoter’s sole and absolute opinion, it contains any content which is obscene, vulgar, harassing, unlawful, illegal, harmful, inflammatory, hateful or otherwise objectionable or infringes the rights of any third party in subject matter or wording, or which is otherwise unsuitable for publication.
4.5 These Terms are governed by South African law and the South African courts shall have jurisdiction over any matter arising out of or in connection with the Terms.
4.6 This promotion is no way sponsored, endorsed or administered by, or associated with Instagram. Entrants provide their information to the Promoter, not Instagram.
4.7 The Promoter, its associated agencies and companies and prize sponsors shall not be liable for and entrants indemnify and hold the Promoter harmless against any claim, liability, damages (whether direct or indirect), cost, expense or penalty suffered or incurred by any person as a result of the entrants participating in the Competition or the acceptance or use of any prize.
6. Intellectual Property
The entrant grants to the Promoter a transferable, non-exclusive, worldwide, irrevocable, perpetual, royalty-free licence to use and sub-license the materials uploaded by them to Instagram for the Competition, including the intellectual property rights, image rights and personality rights in such materials, and shall participate in such reasonable promotional activities as the Promoter may request. All entrants warrants that their entries are original and do not infringe on the rights of any third party.
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.
2.1 To participate in the Competition entrants must be:
a) aged 18 or over;
b) resident in South Africa; 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:
b) originality; and
c) representation of the ghd brand.
2.6 The Competition will run from 22nd September to 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, incomplete or fraudulent entries.
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.
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.
3.5 The winners’ names and counties will be available upon request by writing to the Promoter.
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 or to extend the closing date.
4.3 These Terms are governed by the laws of South Africa.
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.
6. Intellectual Property
By tagging #curldiaries the entrant grants to the Promoter a transferable, non-exclusive, royalty-free licence to use the materials uploaded to Instagram and to participate in such reasonable promotional activities as the Promoter may request.