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 New Zealand Ltd (trading as ghd) of BDO Auckland, Level 4, BDO Centre, 4 Graham Street, Auckland, 1010 (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 email@example.com or on 0800 880 209.
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
2.2 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.
3.1 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.
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), 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 software or 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 New Zealand 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:
18.104.22.168 be accurate (where they state facts);
22.214.171.124 be genuinely held (where they state opinions); and
126.96.36.199 comply with applicable laws in New Zealand, including the Harmful Digital Communications Act 2015.
5.2.3 Contributions must not:
188.8.131.52 contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
184.108.40.206 promote sexually explicit material;
220.127.116.11 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity, intersex status or age;
18.104.22.168 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;
22.214.171.124 disclose personal information about a person or be made in breach of any legal duty owed to a third party, such as a statutory duty, contractual duty or a duty of confidence;
126.96.36.199 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
188.8.131.52 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
184.108.40.206 give the impression that they emanate from us, if this is not the case.
5.3.1 immediate, temporary or permanent withdrawal of your right to use this Site;
5.3.2 immediate, temporary or permanent removal of any posting or material uploaded by you to this Site;
5.3.3 issue of a warning to you;
5.3.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5.3.5 further legal action against you; and
5.3.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.4 Any Contributions shall be and 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
6.5 We do not seek to exclude or limit our liability to you for:
6.5.1 any breach of the consumer guarantees under the New Zealand Consumer Law as contained in the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 ("NZCL") or any other equivalent competition or consumer law ("Non Excludable Condition") to the extent that such liability may not be limited or excluded; or
6.5.2 any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6.6.1 our re-supply of equivalent services; or
6.6.2 payment of the cost of re-supply of equivalent services.
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.