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 GHD North America LLC, a US corporation with its registered office at 4500 Park Granada, Suite 100, Calabasas, CA 91302 (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 or any of the information or materials contained on or in it, please contact us by email at customerservice@ghdhairusa.com or by telephone at 818-843-9673.

IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. These Terms of Use contain a binding arbitration clause and class action waiver in clause 8. You agree to submit any disputes to binding arbitration rather than court proceedings, except as specified in clause 8.2. You have the right to opt out of arbitration within 30 days by following the procedures in clause 8.3. These Terms of Use also include a jury trial waiver.

The use of this Site is subject to these terms ("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.

1. 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.

2. 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 unauthorized 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 unauthorized 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 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.

3. 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, and in the material published on it. All such rights are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights laws. 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 are granted a limited license and may access this Site only, subject to the restrictions provided in these Terms of Use, 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.

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.

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 or 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 unauthorized access to the Site, or our servers, or any hardware supporting the Site. Nor may you attempt to reconfigure the Site in any way.

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

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 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);
5.2.2.3 comply with applicable law; and
5.3.3.4 be your own and not infringe on any third party’s rights.

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 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 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.

5.5 We do not endorse any Contributions or any opinion, recommendation or advice expressed therein, and we disclaim all liability with respect to the Contributions posted by third parties.

6. DMCA COPYRIGHT NOTICE AND TAKEDOWN PROCEDURE

6.1 It is our policy to respond to claims of copyright infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), notifications of claimed copyright infringement by third parties should be sent to our Copyright Agent. If you believe that any Contributions violate your copyrighted work in a way that constitutes copyright infringement, please notify our Copyright Agent in writing with the following information:

6.1.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

6.1.2. a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

6.1.3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;

6.1.4. your address, telephone number, and, if available, email address;

6.1.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6.1.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

6.2. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in a DMCA infringement notice.

6.3. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:

By email: shaoni.lahiri@wella.com

By mail: Wella Operations US LLC, 4500 Park Granada; Suite 100, Calabasas, CA, 91302-1665

By phone: (818) 999-5112

7. NO WARRANTY; DISCLAIMER OF LIABILITY

7.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Site, THE SITE 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. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM SUCH REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws.

7.2 TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

7.3 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.

8. DISPUTE RESOLUTION AND BINDING INDIVIDUAL ARBITRATION

8.1. Purpose and Scope. The term “Dispute” means any dispute, claim, or controversy, except as specifically excluded in clause 8.2, between you and us, or any of our current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity, arising out of or relating to your relationship with us or our affiliates. Disputes include those arising from your use of our Site, your purchase of any products or services from us, or the interpretation, application, or enforcement of these Terms of Use (including the validity, enforceability, or scope of this clause 8), whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. The term “Dispute” is to be given the broadest possible meaning that will be enforced. If any Dispute should arise between you and us, or any of our officers, directors, employees, and agents that cannot be resolved through negotiation within the time frame described in clause 8.4, we agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this clause 8, and not litigate any Dispute in court, except for those matters listed in clause 8.2. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

8.2. Exclusions from Arbitration. You and we agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this clause 8): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. You or we may alternatively bring Disputes in small claims court, to the extent a dispute meets such requirements.

8.3. Opt-Out Right. YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND THE CLASS ACTION WAIVER WITHIN THIRTY (30) DAYS. If you do not wish to be bound by the binding arbitration and class action waiver in this clause 8, you must notify us in writing within thirty (30) days of the date that you accept, or anyone acting on your behalf accepts, these Terms of Use unless a longer period is required by applicable law (the “Opt-Out Deadline”). Your written notification must be sent to ghdnotices@wella.com and must include: (1) your name; (2) your address; (3) the email address associated with your Account with us, if you have one; and (4) a clear statement that you do not wish to resolve Disputes with us through individual arbitration. In order to validly opt out, we must receive your opt-out notice no later than three (3) days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than three (3) days after the Opt-Out Deadline.

8.4. Notice of Dispute. IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE TO ghdnotices@wella.com, TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. Your notice must contain the following information: (1) your name; (2) your address; (3) your email address or phone number associated with your Account; (4) your online membership ID, if any; (5) your order number, if any; (6) a brief description of the nature of the complaint; and (7) the resolution sought (together, the “Required Information”). If your notice does not contain the Required Information, we may reject your notice and you will need to re-submit a complete notice. You agree that you will not commence arbitration until sixty (60) days after you send the complete notice. The notice requirement is designed to allow us to make a fair, fact-based offer of settlement if we choose to do so. You agree that you will negotiate with us in good faith about your Dispute. If the Dispute is not resolved within sixty (60) days after we receive a complete notice, you or we may commence arbitration pursuant to the terms in this clause 8.

8.5. Arbitration Procedures. If we and you cannot resolve a Dispute through negotiation, the Dispute (except those Disputes expressly excluded in clause 8.2) will be resolved exclusively and finally by binding individual arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this clause 8. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this clause 8. The arbitrator will have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of this clause 8, including the enforceability, revocability, scope, or validity of the arbitration agreement or any portion of the arbitration agreement. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

8.6. Arbitration Location and Costs. The arbitration will take place in either New York City, New York, in the county where you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. We will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. For any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and we will pay the remaining AAA fees and costs. However, if the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Each party will bear the expense of its own attorneys’ fees, except as otherwise provided by law or this clause 8.

8.7. Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then that claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated. You agree that you have expressly and knowingly waived these rights.

8.8. Jury Trial Waiver. YOU AND WE KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ANY PRODUCTS OR SERVICES PROVIDED.

8.9. Severability. If any part or parts of this clause 8 are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this clause 8 shall continue in full force and effect. If a court or arbitrator decides that any of the provisions in clause 8.7 regarding class claims, representative claims, private attorney general claims, consolidation, or non-individualized relief are unenforceable or invalid, then clauses 8.1 through 8.6 and 8.8 through 8.10 will not apply. Instead, such claims will be severed and proceed in a court of law rather than by arbitration. This clause 8 will survive the termination of your relationship with us.

8.10. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms of Use to the contrary, you and we agree that if we make any future material change to this arbitration agreement, we will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to us at ghdnotices@wella.com, your continued use of our Site or purchase of products or services, including acceptance of products or services offered on our Site following the posting of changes to this arbitration agreement, constitutes your acceptance of any such changes. Changes to this clause 8 do not provide you with a new opportunity to opt out of the arbitration agreement if you have previously agreed to a version of these Terms of Use and did not validly opt out of arbitration. If you reject any change or update to this clause 8, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of our Site, any products or services purchased or received, these Terms of Use, or any aspect of your relationship with us, the provisions of this clause 8 as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use) remain in full force and effect. We will continue to honor any valid opt-outs of the arbitration agreement that you made to a prior version of these Terms of Use.

9. NOTICE TO CALIFORNIA RESIDENTS. BY USING THE SITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” If the Site is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Site is:
Provider: ghd North America LLC
Phone: 1-877-443-2643
E-mail: customerservice@ghdhairusa.com
Postal Address: 4500 Park Granada, Calabasas, CA 91302

If the Site is deemed an electronic commercial service, you may file a complaint regarding the Site or to receive further information regarding use of the Site by sending a letter to the attention of “Legal Department” at the above address.

10. MISCELLANEOUS

10.1 These Terms of Use are governed by the laws of the State of New York, excluding its conflict of law rules. In respect of any disputes or claims not subject to arbitration, as set out in clause 8, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York City, New York.

10.2 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.

10.3 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.

10.4 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.

10.5 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.