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INTRODUCTION

Last updated: March 2023

This website at www.ghdhair.com, including any discussion forums contained on the website (“Site”) is operated by Jemella Limited (trading as ghd), a company incorporated in England and Wales (registered number 04115691) with its registered address at 82 Dean Street, London, United Kingdom, W1D 3SP, and Jemella Australia Pty Limited, a company incorporated in Australia (ACN 104 455 138), with its registered office at Level 24, 167 eagle street, Brisbane QLD 4000, (collectively, “ghd ” or “we/us/our”).  ghd may be contacted at the above address.

We appreciate your interest in the products and services on the Site and your visit to the Site.

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 consumerservices@ghdhair.com.au or on 1300 443 424.

The use of this Site is subject to these Terms of Use which set out the basic rules that govern your use of the Site.  Please read the Terms of Use carefully. By using the Site you confirm your acceptance of these Terms of Use and to be bound by them.  If you do not agree to the Terms of Use, please do not use the Site.

TERMS OF USE

MODIFICATION

1.1 We may change, edit, delete or revise the content of this Site from time to time, including these Terms of Use.  Please check this page for changes which have been made to the Terms of Use.  Your use of this Site after a change has been posted constitutes your acceptance of the amended Terms of Use.

1.2 We do not guarantee that the Site, any page or any content on the Site will always be available or be uninterrupted. We may also intentionally withdraw or restrict the Site or any part thereof at any time without notice.

TERMS OF SALE, REGISTRATION, ACCOUNTS AND PASSWORDS

2.1  These Terms of Use do not apply to the sale of goods via the Site.  Such sales are subject to our Terms of Sale, which can be accessed using the Terms of Sale tab at the top of this page.

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.

2.3  When you register for an account on the Site, you will be asked to create a password.  You agree to be responsible for maintaining the confidentiality of your account details and password, and for restricting access to your computer to prevent unauthorised access to your account.  You agree to promptly notify us if you have reason to believe that your account details or password have been lost, or if they are likely to be used in an unauthorised manner.  Please click here if you need to reset your password at any time. You are responsible for all activities that occur under your account or password, and, subject to clause ‎6.5, we will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.

2.4  We reserve the right to suspend or terminate your use of the Site at any time, for any reason, without prior notification.

INTELLECTUAL PROPERTY

3.1  We are the owner or the licensee of all copyright, design rights, database rights, trade marks and other intellectual property rights in this Site, whether registered or unregistered, 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  Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) or other applicable law, 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.

3.4  If you print off, copy or download any part of this Site in breach of these terms of use, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

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.

4.2  These Terms of Use do not apply to any third party website linked to the Site.  You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.

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), nor may you frame the Site on a third party site, 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.

4.5 You must not attempt to gain unauthorised access to the Site, or our servers, or any hardware supporting the Site. Nor must you attempt to reconfigure the Site in any way. For the avoidance of doubt, the full details of any offences committed by site users under Australian law may be reported to the relevant law enforcement authorities.

4.6 You must not misuse the site in any manner, including the introduction to the Site of any viruses, programmes or any other material that may be technologically harmful or malicious.

USER REVIEW AND CONTRIBUTIONS

5.1  Users of the Site may submit or provide product reviews, testimonials 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 ghd Showcase and 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:

5.2.2.1  be accurate (where they state facts);

5.2.2.2  be genuinely held (where they state opinions); and

5.2.2.3  comply with applicable law in Australia.

5.2.3   Contributions must not:

5.2.3.1  contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;

5.2.3.2  promote sexually explicit material;

5.2.3.3  promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity, intersex status or age;

5.2.3.4  carry out, advocate, promote, 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;

5.2.3.5  be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

5.2.3.6  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;

5.2.3.7  be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or

5.2.3.8  give the impression that they emanate from us, if this is not the case.

5.3  Failure to comply with the Contribution Standards constitutes a material breach of the Terms of Use upon which you are permitted to use this Site.  We will determine, in our reasonable discretion, whether there has been a breach of the Contribution Standards through your use of this Site.  If a breach of the Contribution Standards has occurred, we may take such action as we deem appropriate, including taking all or any of the following actions:

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 shall remain our property, and by making a Contribution to the Site you assign to us all worldwide rights, title and interest in all intellectual property rights 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 or extracts from them. For the avoidance of doubt, by submitting a Contribution you consent to us using it (or extracts from the same) as we see fit, including without limitation in our marketing materials across all media. If you wish to revoke this consent, please contact  CUSTOMERSERVICE@GHDHAIR.COM. If requested by us at any time, you will sign all documents required to effect, perfect or register the intellectual property rights assignment referred to in this clause.

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 ‎6.5 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, for misrepresentation (other than fraudulent misrepresentation), 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;

6.3.5  any actions taken in response to breaches of the Contribution Standards set out in clause ‎5.2 above; or

6.3.6  any delay in, or failure of, performance of our obligations under these Terms of Use arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

6.4  Except as expressly provided in these Terms of Use , we exclude all representations, conditions, guarantees and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.

6.5  We do not seek to exclude or limit our liability to you for:

6.5.1  death or personal injury caused by our negligence;

6.5.2  fraud or fraudulent misrepresentation;

6.5.3  any breach of the consumer guarantees under the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth) ("ACL") or any other equivalent competition or consumer law ("Non Excludable Condition") to the extent that such liability may not be limited or excluded; or

6.5.4  any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

6.6 Notwithstanding where legislation implies into these Terms of Use a Non Excludable Condition, to the fullest extent permitted by the ACL or any other equivalent competition or consumer law, our liability for any loss or damage you may incur or suffer in connection with your use of the Site is limited to one of the following (at our election):

6.6.1 our re-supply of equivalent services; or

6.6.2 payment of the cost of re-supply of equivalent services.

6.7 Nothing in these Terms of Use purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the ACL and other laws which cannot be modified or excluded.

 

MISCELLANEOUS

7.1  These Terms of Use are governed by the laws of Queensland, Australia and only the courts of Queensland, Australia will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.

7.2  If any provision of these Terms of Use is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms of Use which shall remain unaffected.

7.3  No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

7.4  Please read the terms of the Privacy Policy which contains important information about the use of the personal information you provide when using this Site.

7.5  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.