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Terms & Conditions


FEBRUARY 2017

INTRODUCTION

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 Bridgewater Place, Water Lane, Leeds, LS11 5BZ and Jemella Australia Pty Limited, a company incorporated in Australia (ACN 104 455 138), with its registered office at Level 3, 490-500 Adelaide 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

  1. MODIFICATION

1.1We 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.

  1. 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.

  1. 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 1994 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.

  1. 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 will 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.

  1. 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 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.

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 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 mislead or 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 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. 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.

  1. 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 by us of any terms implied under, or any condition, warranty, right or remedy that is conferred on you by, the Consumer Guarantees Act 1993 or any other applicable law that cannot be excluded, restricted or modified by agreement

6.5.5  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, 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 New Zealand law that cannot be modified or excluded.

  1. MISCELLANEOUS

7.1  These Terms of Use are governed by the laws of New Zealand and only the courts of New Zealand 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.

 

TERMS AND CONDITIONS OF SALE  

1. DEFINITIONS

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: Jemella New Zealand Limited (NZCN 1811875), trading as ghd, of Level 8, 120 Albert Street, Auckland, New Zealand.

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 Consumer Guarantees Act 1993. 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.

Product

Warranty Period

Stylers

2 years

Curlers

2 years

Hair dryers

2 years

Brushes

6 months

Hair care/styling products

6 months

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 Consumer Guarantees Act 1993 .

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 New Zealand part of our website can only be used to buy goods from the New Zealand 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 provided for in the Consumer Guarantees Act 1993.

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 Consumer Guarantees Act 1993 or any other equivalent consumer law in New Zealand (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 Consumer Guarantees Act 1993 or any other equivalent  consumer law in New Zealand, 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. PROMOTIONS

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 in their original condition and with all packaging intact. 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 New Zealand. Our registered office is at Level 8, 120 Albert Street, Auckland, New Zealand.

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 0800 880209 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

We will use the personal information you provide to Us in accordance with the Privacy Policy set out on this website.

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 New Zealand. You and We both agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

JEMELLA New Zealand LIMITED (TRADING AS GHD) – PRIVACY AND COOKIES POLICY

LAST UPDATED: December 2015

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 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 consumerservices@ghdhair.com.au or on 0800 880 209 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. 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.

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 of Jemella New Zealand Limited and other companies within the ghd group of companies 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 Jemella New Zealand Limited, Level 8, 120 Albert Street, Auckland, New Zealand. If you believe that any personal information we have about you is incorrect or incomplete, please write to or e-mail us as soon as possible. We will correct or update any personal information as soon as possible.

Alternatively, you may correct any inaccuracies in the personal information you have provided to us by signing in to your online account.

SECURITY AND STORAGE

Please remember that the internet is not a secure medium. Communications over the internet such as e-mails are not secure unless they have been encrypted.

We have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information we collect online. We use industry standard encryption technologies when collecting or transferring customer credit card information exchanged with our Site server - all your card details are passed from your browser to our secure payment gateway using secure sockets layer (SSL) encryption. Our payment gateway provider use secure sockets layer (SSL) encryption system. All other information transferred is conducted through a secure connection.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. All information provided through the Site, telephone, catalogue and in store is stored on servers located in the European Economic Area (EEA). It will be processed by staff operating in the UK who work for the ghd group of companies. Such staff may be engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. ghd will take all steps reasonably necessary to ensure that your data is treated securely in accordance with this Privacy and Cookies Policy.

COOKIES

We use cookies for certain areas of our Site, including but not limited to session cookies, third party cookies and persistent cookies. Cookies are files that store information on your hard drive or browser that mean that our Site can recognise that you have visited the Site before and which are used to facilitate access to the Site, to tailor your experience of the Site and to allow you to move through processes including the payment processes on the Site. They make it easier for you to maintain your preferences on the Site (including by renumbering your log in details when you access restricted areas of our Site), and by seeing how you use the Site, we can tailor the Site around your preferences and measure usability of the Site. Your can find out more information about the different types of cookies at www.allaboutcookies.org. Please refer to the paragraph and link below for further detailed information about the cookies that we use on our Site.

We use cookies to:

  • 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 Australia, the UK and other countries outside of New Zealand. By using this site and submitting your personal information you consent to this transfer and storage.

If we transfer your personal information to a person, company, office, branch, organisation, service provider or agent in another country, we will make sure that we have appropriate security and privacy measures in place with such third parties covering how they hold and maintain any personal information on our behalf.

GOLD 18K STYLER COMPETITION TERMS AND CONDITIONS (CONSUMER)

  1. The ghd Gold 18k Styler 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 over other published material, information or point of sale material used in connection with this Competition.
  3. This Competition is a game of skill – chance plays no part in determining the winner.
  4. The Competition commences at 7:01am (Australian Eastern Standard Time) on 1st March 2018 and closes at 11.59pm (Australian Eastern Standard Time) on 31st May 2018 ("Competition Period"). During the Competition Period there will be three (3) prize draws for a staggered prize release and winner notification (“Winner Announcement Date”)
    • Draw #1 conducted at 10:00 AEST on 2nd April 2018 and the winner will be notified on 3rd April 2018.
    • Draw #2 conducted at 10:00 AEST on 1st May 2018 and the winner will be notified on 2nd May 2018.
    • Draw #3 conducted at 10:00 AEST on 1st June 2018 and the winner will be notified on 4th June 2018.
  5. 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 the Competition. Entry is open to all residents of Australia who submit a valid entry in the 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 in the Competition Period in accordance with the New Zealand terms and conditions governing the Competition.
  6. You must be at least 16 years of age to enter the Competition.
  7. To participate in the Competition you must during the Competition Period:
    • Register your ghd electrical styling tool at ghdhair.com/nz/register during the Competition Period;
    • Answer the following question: In 25 words or less tell us how you have a good hair day every day?
  8. We will not accept any Entries:
    • not completed in accordance with these terms and conditions;
    • received outside the Competition Period; or
    • that contain defamatory answers, profanities or offensive material.
  9. Any questions in relation to the Competition should be directed to ghd hair via the website enquiry form at ghdhair.com/nz or by phoning us on 1300 443 424, not via Facebook, Twitter, or Instagram.
  10. 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.
  11. By entering the Competition:
    • 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’s hair products.
    • You agree that if your ghd electrical tool is not authentic and was not purchased from an authorised retailer, you will not be able to enter the competition.
    • You agree if you are a winner that you will not resell the limited edition ghd gold 18k styler, particularly on marketplace platforms such as eBay;
    • You agree that if you are a winner and in the unlikely event of your Gold 18k styler being defective within two years of ownership, you will receive a replacement in the form of a regular ghd gold styler and not a replacement gold 18k styler (due to the extremely limited edition nature of gold 18k styler);
    • You consent to ghd hair commenting, liking and re-sharing your Instagram photos using the gold 18k styler, provided you have tagged @ghdhair_anz first;
    • You consent to ghd hair using any part of your Entry for any purpose whatsoever (including without limitation publication in any magazine, advertisement or promotion conducted by ghd hair in print or online including social media channels) without further reference, acknowledgement, attribution or compensation to you.You agree to your name and location 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.
    • You assign all property and intellectual property rights (including any copyright and moral rights) in all material 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 included in your Entry. To the extent that any intellectual property rights in your 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,
    • 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 oradaptation 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.
    • You acknowledge you may be required to sign a statutory declaration in relation to the originality of the Entry.
  12. You enter and participate in the Competition and (if you are a winner) you participate in the prize solely at your own risk.
  13. If the Competition is administered through Instagram, your creative work/entry grants ghd hair license to use the intellectual property associated with the image or creative work for advertising or promotional services and this Competition is in no way sponsored, endorsed or administered by Instagram.
  14. Subject to the Non-Excludable Provisions, but otherwise without limitation, ghd hair, its officers, employees, agents and consultants and judges of the Competition:
    • o Are not in any way responsible for and disclaim all liability in connection with any:
      • entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program);
      • 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 during the Competition Period;
      • any error, omission, interruption, defect or delay in transmission or communication of Entries;
      • viruses or technical or mechanical malfunctions, delay or traffic congestion on any telephone network or line, internet, computer, computer on-line system, servers or providers, equipment, software or website;
      • failures of electronic equipment, computer hardware or software;
      • interrupted or unavailable cable or satellite systems;
      • lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or Entry information;
      • electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind;
      • errors, typos or misprints in these terms and conditions, in any Competition-related advertisements or other materials;
      • any changes or unavailability of the Competition web site that may interfere with the Competition (including any limitations, any restrictions, or any conditions on ghd hair’s ability to use that web site for the Competition as set forth herein that are not acceptable to ghd hair);
      • theft or third party interference;
      • variation in prize value;
      • failure of any communication or Entry being received in accordance with the terms and conditions;
      • failure on account of Instagram or liability arising out of the use of Instagram for the purposes of this Competition; nor
      • injury or damage to entrants or any other person related to or resulting from participation in the Competition or creation of the Entry.
    • 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:
      • the Competition (including but not limited to the use of the Entry, any failure to obtain any necessary permissions and releases in relation to the use of the Entry, inability or failure to contact a prize winner, or any damage to or loss of Entry); and
      • 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.
  15. You indemnify ghd hair, its employees, officers, agents and consultants against any liability, injury, loss or damage which may be suffered, incurred or sustained by ghd hair, its employees, officers, agents and consultants in connection with:
    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;
    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)
  16. Without limitation of any other rights, ghd hair reserves the right in its sole discretion to disqualify any entrant who:
    • has or is suspected to have tampered with the entry process for the Competition;
    • has undertaken an unauthorised intervention with the running or functioning of the Competition;
    • has engaged in any unlawful or other improper misconduct in relation to the running of the Competition;
    • has interrupted the Competition or prevented others from entering the Competition;
    • has attempted to or has tampered with or impaired the administration, security, fairness or proper play of the Competition;
    • has engaged in conduct which violates these terms and conditions; or
    • has engaged in conduct which, in ghd hair’s reasonable judgment, compromises the fairness of the Competition.
  17. Any entries received after end of the Competition Period or not completed in accordance with the conditions of entry contained in these terms and conditions will not be accepted and will not be considered. Indecipherable or incomplete entries, including Entries that contain incomplete identifying information, or entries that cannot be opened or viewed or that contain defamatory comments, profanities or offensive material will not be eligible to win and will be disregarded. No responsibility is taken by ghd hair for late or misdirected entries.
  18. 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;
    • elect not to accept all or any individual Entry; or
    • disqualify any Entry or entrant which breaches any of the terms and conditions.
  19. Entries will be judged by an independent judging panel appointed by ghd hair and one winner will be selected for each Winner Announcement Date. The winning Entries will be those which are judged to be the most creative and convincing out of all of the Entries received prior to each respective Winner Announcement Date.
  20. A winner cannot be the winner with respect to more than one Winner Announcement Date.
  21. One judging panel will consider all Entries from Australia and New Zealand as one Competition. Separate judging panels will not be established for each of Australia and New Zealand.
  22. The total prize pool (conducted across Australia and New Zealand as one competition) includes 3 x ghd gold 18K stylers valued at AUD $3000 each (total prize value is AUD $9000).
  23. This one prize pool will apply in relation to the Competition conducted across Australia and New Zealand. There will not be 2 separate prize pools for each of Australia and New Zealand.
  24. The winners will be contacted via either the email or phone details nominated in their entry.
  25. It is the sole responsibility of the winners to provide their contact details (including name, address, email 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.
  26. ghd hair will try to continue to contact the prize winners for a period of 14 days after the relevant 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.
  27. The judging panel’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).
  28. ghd hair will not enter into any correspondence in relation to the allocation of the prizes or the Competition.
  29. ghd hair takes no responsibility for the value of the prizes.
  30. 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.
  31. 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.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.Where any prize is forfeited from any prize winner for any reason, the prize winner will not be entitled to compensation for that forfeited prize.
  32. The prize winners may be liable to declare the Competition prizes for taxation purposes and will be solely liable for any tax and duties 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.
  33. 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.
  34. 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.
  35. 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 connection with this Competition is excluded.Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied term, condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void 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 have complied with these terms and conditions).These terms and conditions will be governed by the laws of Queensland, Australia and the courts of Queensland shall have exclusive jurisdiction in relation to any disputes arising in relation to them.
  36. If at any time any provision of these terms and conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other provision of these terms and conditions nor the legality, validity or enforceability of these terms and conditions (including the provision in question) in any other jurisdiction.
  37. 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. By entering the competition you consent to the publication of your name, city of origin and use of your Entry in any media published in connection with the promotion. ghd hair collects personal information about entrants to include in the Competition and where appropriate award the prizes. If the personal information requested is not provided, you may not participate in the Competition. By participating in the Competition, you also acknowledge that we will process your data in accordance with our Privacy Policy, full details of which can be found at the following address: http://www.ghdhair.com/nz/about-ghd/terms-and-conditions
  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.
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