Terms of service

WEBSITE TERMS OF SERVICE

OVERVIEW

This website is operated by The Department of Brands Limited (NZ Company Number 3751396). Throughout the site, the terms “we”, “us” and “our” refer to The Department of Brands Limited.

By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to the Terms, then you may not access the website or use any services available on the site.

Our store is hosted on Shopify Inc, which provides us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We endeavour to ensure that the information made available on our site is accurate, complete and current. However, some of the information may be inaccurate, incomplete or historic. As such, we do not represent or warrant that the information on the site is accurate, complete and current.

The content on our site is provided for general information only and you should not rely upon it. Any reliance on the site’s content is at your own risk. You are fully responsible for any loss resulting from your access to, reliance upon or use of any content on the site.

We reserve the right to update the content on our site at any time, including to correct any errors, inaccuracies and omissions.

While you may access our site from outside of Australia, we make no representation that our site, or its content, complies with the laws of any country outside of Australia. When you access or use our site from outside of Australia, you do so at your own risk. You are fully responsible for complying with all applicable laws which relate to your access to, and use of, our site.

 

SECTION 2 - PRICES

Orders on some of our sites are processed in USD – where this occurs, this will be stated on the order “check out” page. Otherwise, orders will be processed in your selected currency.

Prices for our products are subject to change without notice.

Australian Goods and Services Tax (GST) does not apply to orders outside Australia (International Orders). However, International Orders may be subject to charges, duties, fees, levies and taxes. You are responsible (as the importer) for paying all applicable charges, duties, fees, levies and taxes in connection with International Orders.

SECTION 3 - CREATING AN ACCOUNT

To make a purchase on the site, you may wish to create an account.

You must keep your account password secure at all times. You are liable for all activity on your account. Should you discover any unauthorised use of your account, you must contact us immediately.

You agree to ensure that your registration details remain true and accurate at all times. You must notify us of any change to the registration details as originally supplied.

SECTION 4 - ORDERS 

To place an order through the online shop on our site, you must provide:

(a) a valid shipping address;
(b) a valid email address and a telephone number; and
(c) payment details which are acceptable to PayPal, our payment processor.

We accept your order, and a contract is formed between us, on approval of your payment and we (or the relevant payment processor) receive payment from you for the order.

Title to the products will pass to you when we receive full payment for the products. Risk in the products passes to you on delivery of the product to your nominated shipping address.

You may pay for your order using any of the payment methods set out on the site. Payments are made using PayPal and are subject to PayPal’s terms and conditions. Please review PayPal’s terms and conditions before making a payment.

You must ensure that the information you provide to us in connection with an order is accurate, complete and current.

We reserve the right to refuse any order you place with us, including if the products are not available or if there is an error in the price of the products displayed on the site.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we will attempt to notify you promptly of the change or cancellation by contacting the email address and/or phone number provided at the time the order was made.

If we accepted an order from you, the applicable version of the Terms will be the version of the Terms that was in place at the time your order was accepted.

Shipping is in accordance with our Shipping Policy

Refunds and returns are subject to our Returns Policy 

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy (which is not intended to limit or exclude the rights and remedies which are available when a product or service does not comply with a guarantee contained in the Australian Consumer Law).

We have made every effort to display, as accurately as possible, the colours and images of our products that appear in our online store. We cannot guarantee that the display of any colour on your computer monitor or device will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

All descriptions of products are subject to change at anytime, without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.  

 

SECTION 6 - RECALLS

In the unlikely event that any product on our site is subject to a product recall, we will post a notice to the site. You can return any product subject to a recall to us in accordance with the instructions in the recall notice.

If there is a product recall, you consent to us contacting you (or the recipient of the product) by email, SMS, telephone or post in connection with the recall.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed. 

SECTION 8 - THIRD PARTY LINKS

Links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for the content or accuracy  of any third party website and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Your use of the any third party website will be subject to the Terms of Use contained within each such website. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction with a third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, testimonials, suggestions, feedback, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively, 'comments'), you agree that we may, at any time and anywhere in the world, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. 

You agree that your comments will not violate any right of any third party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. To the maximum extent permitted by law, we take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PROMOTIONS AND COMPETITIONS

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

SECTION 11 - PERSONAL INFORMATION

We will collect, disclose, hold and use your personal information in accordance with our Privacy Policy, which is available at the following link: Privacy Policy.

When you access third party sites via our site, the privacy policy of the relevant third party will apply to your personal information. We will not be liable for any loss you may suffer if you provide your personal information to any third party.

SECTION 12 - INTELLECTUAL PROPERTY

Our website contains material which is owned by or licensed to us and is protected by Australian and international laws, including without limitation the trade marks, trade names, software, content, design, images, graphics, layout, appearance and look of our website.

We own or are licensed to use all of the intellectual property rights in our website and nothing in these Terms constitutes a transfer of the ownership of any intellectual property rights to you.

Your use of our website does not grant you a licence, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on our website without the express written permission of the owner.

SECTION 13 - PROHIBITED USES

In addition to any other prohibitions set out in the Terms, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our site or of any related website, other websites or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of our site or any related website, other websites or the Internet.

We reserve the right to terminate your use of our site or any related website if we consider, on reasonable grounds, that you have engaged in any of the prohibited conduct set out in this clause.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy.    

To the fullest extent permitted by law, we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and will not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of our site, any linked websites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Department of Brands Limited and its shareholders, and their respective related bodies corporate, officers and employees, to the maximum extent permitted by law, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

You may stop using our site at any time for any reason.

We reserve the right, in our absolute discretion, to suspend or terminate at any time a user’s access to the site for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.

We may disclose any information we may have about you in relation to an investigation or allegation that your use of the site is in breach of these Terms or is otherwise a breach of law. We reserve our right to commence legal action against any person who is in breach of these Terms, including to obtain an injunction.

SECTION 18 - WAIVER

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

SECTION 19 - GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws in force in the State of New South Wales, Australia. Each of the parties irrevocably submits to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.

SECTION 20 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. Reasonable notice of any material changes will be provided before the changes take effect. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms can be sent to us at hello@britehair.com.

Last updated: 19 August 2021