Terms & Conditions
This website at www.ghdhair.com, including any discussion forums contained on the website (“SITE”) is operated by 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, trading as ghd (“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 email@example.com or by telephone on 1300 443 424.
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:
126.96.36.199 be accurate (where they state facts);
188.8.131.52 be genuinely held (where they state opinions); and
184.108.40.206 comply with any applicable laws.
5.2.3 CONTRIBUTIONS MUST NOT:
220.127.116.11 contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
18.104.22.168 promote sexually explicit material;
22.214.171.124 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
126.96.36.199 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;
188.8.131.52 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
184.108.40.206 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;
220.127.116.11 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
18.104.22.168 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.
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) Australian Consumer Law: means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(b) Event Outside Our Control: is defined in clause 10.2;
(c) Order: your order for the Products via the website;
(d) Products: the goods and/or gift cards that We are selling to you;
(e) Terms: the terms and conditions set out in this document; and
(f) We/Our/Us: Jemella Australia Pty Limited, trading as ghd, of PO Box 15516, City East, Queensland 4002.
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 consumer guarantees implied by the Australian Consumer Law. 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 the consumer guarantees implied by the Australian Consumer Law .
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 12 months 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 Australian part of our website can only be used to buy goods from the Australian 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 GST.
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 Subject to clauses 9.2, 9.3 and 9.4 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 for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the consumer guarantees implied the Australian Consumer Law; and
(d) defective products under the Consumer Protection Act 1987.
9.3 Except as expressly provided in these Terms and except for any condition or warranty the exclusion of which could be void or otherwise contravene the Australian Consumer Law or any other equivalent competition or consumer law in the Australia (Non Excludable Condition), We disclaim all conditions, warranties and representations, either express or implied with respect to the Products.
9.4 Subject to any warranty provided by Us in respect of the Products and notwithstanding where legislation implies into these Terms a Non Excludable Condition, to the fullest extent permitted by the Australian Consumer Law or any other equivalent competition or consumer law in Australia, Our liability for a breach of a Non-Excludable Condition (at our election) is limited to the replacement of the Products, supplying equivalent Products, payment of the cost of replacing the goods or of acquiring equivalent Products or the payment of the cost of having the Products repaired.
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
12.1 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 or in writing and then return the Products to Us at your own cost. 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.
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 Australia. Our registered office is at PO Box 15516, City East, Queensland 4002.
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 1300 443 424 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 the State of Queensland and where applicable, the Commonwealth of Australia. You and We both agree to submit to the non-exclusive jurisdiction of the courts of Queensland.
Jemella Australia Pty Ltd ACN 104 455 138 (trading as ghd) – Privacy and Cookies Policy
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. This Privacy and Cookies Policy sets out how we collect, 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 firstname.lastname@example.org or on 1300 443 424 before using this Site.
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. Your continued use of this Site and provision of further personal information constitutes your deemed acceptance of any updated Privacy and Cookies Policy. This Privacy and Cookies Policy is effective from December 2014.
- 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.
This is not an exhaustive list and additional information may be collected as part of undertaking our business.
In addition to collecting personal information directly from you, we may also collect personal information from other sources including from third parties, from publically available sources of information, from this Site, from competitions and when we are required to do so by law.
- 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. If you would like a copy of the information held on you please contact us at ghd, Level 3/ 490 Adelaide St. Brisbane, Queensland 4000, Australia. We will provide this information to you unless there is a reason at law (including under the Privacy Act) for this information to be withheld..
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 used our best endeavours to put in place 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.
- 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.
While we have privacy rules in place to protect your personal information, recipients outside Australia may not be subject to privacy obligations or to any principles similar to the Australian Privacy Principles. Overseas recipients may also be subject to foreign laws which could compel disclosure of personal information to a third party, for example an overseas authority. If you consent to the disclosure and the overseas recipient handles the information in breach of the Australian Privacy Principles, you will not be able to seek redress under the Privacy Act, may not be able to seek redress in the overseas jurisdiction and we will not be accountable under the Privacy Act.
If we transfer your personal information to a person, company, office, branch, organisation, service provider or agent in another country, we will take steps which are reasonable in the circumstances to 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.
If at any time you wish to withdraw your consent, contact our Privacy Officer. However, we may not be able to provide the services or information you have requested in whole or in part or those services or information may be compromised.
- Dealing with a complaint
If you make a complaint about a privacy matter, our Privacy Officer will respond as soon as possible (but within 14 days) and advise you who in our company will have responsibility for investigating and managing your complaint.
We will try to resolve your complaint within 30 days of receiving it. If this is not possible, we will contact you and provide you with an estimate of the time it will take to investigate and manage the complaint.
- Contact information
Our Privacy Officer
You should also contact our Privacy Officer if:
- you believe someone has gained access to your Personal Information;
- you think that your account number, username or password have been compromised (in which case you should also immediately change your password); or
- you believe we have breached our privacy obligations or your privacy rights in any way;
- you have any concerns over the protection of the Personal Information you have given to us or that we have collected from others.
Our Privacy Officer can be contacted as follows:
Attention: The Privacy Officer
Mail: PO Box 15516 City East, Queensland, Australia 4002
More information about your rights and our obligations in respect to privacy and information on making a privacy complaint are available from the Office of the Australian Information Commissioner at:
Post: GPO Box 5218 Sydney NSW 2001
ghd #glitztheseason competition terms and conditions
1 The ghd #glitztheseason Competition (“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 over other published material, information or point of sale material used in connection with this Competition. This Competition is a game of chance.
3 The Competition will run three times for 24 hours, first competition starting at 5:00pm (Australian Eastern Standard Time) December 4th, second competition starting at 5:00pm December 11th and the third competition starting at 5:00pm December 18th ("Competition Periods"). For the avoidance of doubt, entries submitted on a day or time that is not between the hours of 5:00pm and 5:00pm the following day during the Competition Periods will be invalid.
4 This Competition is being run across Australia and New Zealand. 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 during a Competition Period in accordance with these terms and conditions. This Competition is also open to all residents of New Zealand who submit a valid entry during a Competition Period in accordance with the New Zealand terms and conditions governing the Competition.
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 Follow ghd Australia/New Zealand on Instagram (@ghdhair_anz) or Facebook (www.facebook.com/ghdaustralia)), like the competition post and tagging one friend(“Entry”).
6.2 You must submit a valid Entry during a Competition Period, as outlined at paragraph 3 above.
7 We will not accept any Entries:
7.1 not completed in accordance with these terms and conditions;
7.2 received outside a Competition Period; or
7.3 that contain defamatory comments, profanities or offensive material.
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 by phoning us on 1300 443 424, not via Facebook, Twitter, or Instagram.
9 Your Entry 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 any Entry photo) of you or your salon (if relevant), 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 (including any Entry photo) 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 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 or photographs included in your Entry. To the extent that any intellectual property rights in the Entry 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 your Entry. You agree and acknowledge that no fee or compensation will be payable to you (or any other party) for this assignment or licence and ghd hair's use of your Entry.
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, 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 (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, 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.
11 You enter and participate in the Competition and (if you are a 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 disclaim 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 are not received by ghd hair during a 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 any communication or Entry being received in accordance with the terms and conditions;
12.1.6 failure on account of Instagram or liability arising out of the use of Instagram for the purposes of this Competition; nor
12.1.7 injury or damage to entrants or any other person related to or resulting from participation in the Competition or creation of the Entry.
12.2 To the maximum extent permitted at law, 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); and
12.2.2 these terms and conditions (and 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.
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 including as caused by your use of any other person’s intellectual property in your Entry; or
13.2 any act or omission (including negligence) by 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 has undertaken an unauthorised intervention with the running or functioning of the Competition; or
14.3 has engaged in any unlawful or other improper misconduct in relation to the running of the Competition.
15 Any entries received outside or after the end of a 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 or that contain defamatory comments, profanities or offensive material 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 individual Entry; or
16.4 disqualify any entry or entrant which breaches any of the terms and conditions.
17 Entries will be selected by random draw.
18 This is a game of chance.
19 Each winner will receive a prize of two ghd Copper Luxe Deluxe gift sets (one each for the winner and their friend) (prize value: $355AUD / $435NZD).
20 Each winner will be announced within 24 hours of the relevant Competition Period ending. ("Winner Announcement Date").
21 The winners will be announced on the ghd hair’s Instagram and Facebook. In the sole and absolute discretion of ghd hair, the winners and winning entries may also be published on www.ghdhair.com/au and www.ghdhair.com/nz.
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. 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 5 days 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 ghd hair’s 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, the judging panel's decision or any other matter) the decision of the judging panel is final and no correspondence or discussion will be entered into. The judging panel, at its sole discretion may re-judge the Competition if the prize winners are unable to satisfy these terms and conditions. The judging panel, at its sole 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 the Entries are judged to be of a poor standard).
25 ghd hair will not enter into any correspondence in relation to the allocation of the prizes 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 by the winners. However, ghd hair, its employees, officers, agents and consultants take 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 take 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 condition 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 breach of the Non-Excludable Provision and in respect of all other liability in connection with this Competition is limited to the fullest extent permitted by law.
34 To the maximum extent permitted at law, ghd hair, its employees, officers, agents and consultants expressly disclaim 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 thereof shall have exclusive jurisdiction in relation to any disputes arising in relation to these terms and conditions.
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.
38 This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook 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 Electric Pink Product Registration Competition
- The ghd Electric Pink win 1 of 5 ghd e-gift cards Competition (“Competition”) is conducted by Jemella Australia Pty Ltd ACN 104 455 138 (“ghd hair”).
- By entering into this Competition, you are deemed to accept the terms and conditions of the Competition. These terms and conditions prevail over any other published material or information used in connection with this Competition. This Competition is a trade promotion lottery with no element of skill involved.
- ghd hair may at any time in its absolute discretion and without prior notice to you or liability to you or any other person:
- cancel or change the Competition;
- amend the terms and conditions;
- subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition; or
- disqualify any Entry or entrant which breaches any of the terms and conditions.
- Employees and management (and their immediate families) of ghd hair, retailers, suppliers, associated companies, agents, agencies, contractors and persons professionally associated with ghd hair or the conduct of the Competition are not entitled to enter. Subject to these terms and conditions, entry is open to all residents of Australia and New Zealand that submit a valid Entry in the Competition Period in accordance with these terms and conditions.
- To enter this competition you must be resident in Australia or New Zealand.
- You must be at least 13 years of age to enter the Competition. If you are under 18 years of age:
- you must obtain your parent or guardian's consent to enter the Competition; and
- if you win a prize in the Competition we may seek written confirmation of this consent from your parent/guardian.
Entry into the Competition
- The Competition commences at 12.01am (Australian Eastern Standard Time) on 18 July 2016 and closes at 11.59pm (Australian Eastern Standard Time) on 31 October 2016 ("Competition Period").
- To participate in the Competition you must during the Competition Period register your ghd Electric Pink product and sign up to the ghd database at the following web address: www.ghdhair.com/au/help/product-registration (Australian entrants) and www.ghdhair.com/nz/help/product-registration (New Zealand entrants)| providing the requested details including product information, your full name, address, phone number, date of birth, country of residence and valid email address and accepting the Terms and Conditions ('Entry').
- On registering your product and signing up to the ghd database in accordance with paragraph 8 you will be entered into the Competition. Each person may only enter once.
- not completed in accordance with these terms and conditions; or
- received outside the Competition Period;
will not be considered valid entries.
- You enter and participate in the Competition and (if you a winner) you participate in the prize solely at your own risk.
- Without limitation of any other rights, ghd hair reserves the right to disqualify any entrant who:
- has or is suspected to have tampered with the entry process for the Competition;
- has submitted an Entry not in accordance with these terms and conditions;
- undertaken an unauthorised intervention with the running or functioning of the Competition; or
- engaged in any unlawful or other improper misconduct in relation to the running of the Competition
- 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 contain incorrect information will be disregarded. No responsibility is taken for late or misdirected entries.
- Any questions in relation to the Competition should be directed to ghd hair via the website enquiry form at www.ghdhair.com/au www.ghdhair.com/nz or on telephone 1300 443 424 (AU) or 0800 880 029 (NZ), not via any other means.
Prizes and winning
- The prizes for the Competition are - 5 winners will each receive a ghd e-gift card valued at $300.
- Winners will be drawn:
- 1st draw on 31st August 2016, for 2 winners
- 2nd draw 30th September 2016, for 2 winners
- 3rd draw 31st October 2016, for 1 winner
- at Level 3, 490 Adelaide Street, Brisbane, Queensland Australia. The draw will involve 5 winners being selected using a computerised random draw system.
- Each winners will be notified by email and their name will be published on www.ghdhair.com/au and www.ghdhair.com/nz on the following dates:
- Draw 1 winners on 1st September
- Draw 2 winners on 1st October
- Draw 3 winner on 1st November
- It is the sole responsibility of the winners to provide accurate contact details (including name, address and telephone number) to ghd hair to claim their prize. 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 a second chance draw may be undertaken in accordance with these terms and conditions.
- A second chance draw for a prize, if unclaimed within 3 weeks from announcement, may take place at the same time and place as the original draw, subject to any directions from a regulatory authority. The alternative winner or winners will be notified by email and may also be published on www.ghdhair.com/au.
- ghd hair will not enter into any correspondence in relation to the allocation of the prize or the Competition.
- ghd hair takes no responsibility for the value of the prizes and will bear no costs of accessing the internet to enter into the Competition.
- 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 subject to any directions from a regulatory authority.
- 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.
- Proof of identity or other information may be required in order to claim a prize.
- 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.
- 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.
- 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.
- 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:
- breach of the Non-Excludable Provision; and
- in respect of all other liability in relation to the prizes provided in connection with this Competition,
- To the maximum extent permitted by law and without limiting these terms and conditions, 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).
- Without limitation, ghd hair, its officers, employees, agents and consultants and judges of the Competition:
- Are not in any way responsible for and disclaim all liability in connection with any:
- 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.
- malfunction, delay or traffic congestion on any telephone network or line, internet, computer, computer on-line system, servers or providers, equipment, software or website;
- theft or third party interference;
- failure of any communication or Entry being received in accordance with the terms and conditions; nor
- injury or damage to entrants or any other person related to or resulting from participation in the Competition.
- Are not in any way responsible for and disclaim all liability in connection with any:
- To the maximum extent permitted by law, ghd hair 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 the Competition and these 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.
- In the event of a dispute involving any aspect of this Competition, subject to the directions of a regulatory authority, the decision of ghd hair will be final and binding.
- Failure by ghd hair to enforce any of its rights at any stage does not constitute a waiver of those rights.
- 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.
- 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.
- By entering the competition you consent to the publication of your name, city of origin in any media published in connection with the Competition. 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, for the purposes of marketing its products 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.
- 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.