THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND DOLLAR HAIR CO. (“WE”, :US", “DOLLAR HAIR CO.”, OR “DOLLAR HAIR CO”), THE OWNER AND OPERATOR OF THE WEBSITE AT THE URL http://www.dollarhairco.com (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT AND MEMBERSHIPS SOLD TO IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, THE SITE.
By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least 18 years of age or if you are under 18 years of age, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless Dollar Hair Co if your child breaches or disaffirms any term or condition of this Agreement.
Where Dollar Hair Co has reasonable grounds for believing you are under 18 years of age and have signed up for a Membership without the necessary consent of your parent or legal guardian, Dollar Hair Co may reject your Membership.
1. Changes to Terms; Personal Information/Privacy
1.1. Changes to The Site
Dollar Hair Co may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2. Personal Information/Privacy
2. Passwords; Use of Site
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Dollar Hair Co if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
2.2. Use of Site; Prohibitions
Subject to your compliance with this Agreement, Dollar Hair Co hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorisation to use the Site and Content automatically terminates.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Dollar Hair Co or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
3. Terms of Sale
3.1. Sales of Products and Memberships to End Users Only
Dollar Hair Co sells bobby pins and hair ties (the “Product(s)”) from the Site to end-user customers who purchase monthly memberships to receive the Products (“Membership(s)”) only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on Dollar Hair Co’s then-current pricing page located on the Site at: http://www.dollarhairco.com/collections/all. The price that we will charge you for the Products and Memberships will be the price as posted on the Site on the date you first sign-up for a Membership to the Site. Unless otherwise stated, all prices quoted are in Australian dollars and where applicable, inclusive of goods and services tax (GST). Dollar Hair Co reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases unless you have already submitted payment for a monthly service or paid for a specific purchase, in which case there will be no change or alteration in pricing.
3.3. Refund/Cancellation Policy
If you are dissatisfied with the Product for any reason, Dollar Hair Co will refund the amount paid for your most recent month of service (less any associated shipping and handling costs/fees which are non-refundable). Refund requests must be made directly to Dollar Hair Co at email@example.com. All refund requests must be made within thirty (30) days of the date of shipment by Dollar Hair Co, provided that the products are delivered to you before expiration of this date. Dollar Hair Co is not liable for products that are damaged or lost in transit to Dollar Hair Co.
Promptly following Dollar Hair Co’s receipt of your request (typically within five (5) business days), Dollar Hair Co will credit the amount paid for your most recent month of service (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the credit card you used to make the original purchase. Notwithstanding the foregoing, Dollar Hair Co does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback.
Dollar Hair Co will not provide a refund for a request that is received by Dollar Hair Co more than thirty (30) days after the date of original shipment.
3.4. Payment Methods; Automatic Membership Renewals and Membership Cancellation Policy
Dollar Hair Co accepts credit card payments only. You agree to pay all fees charged to your account based on Dollar Hair Co’s fees, charges, and billing terms in effect as shown on the payment page you first sign-up for a Membership to the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership and you authorize Dollar Hair Co or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. Any fees and charges for sales and use taxes and shipping and handling fees imposed also include GST where applicable. All payments shall be made by credit card in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, Dollar Hair Co reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service. If your credit card cannot be charged for any reason and the renewal is declined, Dollar Hair Co. will attempt to charge your credit card twice within the ensuing 10 day window of your card being declined. Should your card again be declined at the conclusion of this window, Dollar Hair Co. will void that month and attempt to charge your credit card on the monthly anniversary of your initial purchase. All sales and payments will be in AU Dollars.
IMPORTANT NOTICE TO CONSUMER: Dollar Hair Co will automatically renew your Membership on each monthly anniversary date of the Membership and, as authorized by You through participating within the Membership sign-up process, and will charge your credit card with the applicable Membership fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for one month. You may cancel your Membership at any time by logging on to your account www.dollarhairco.com. To cancel a membership, please login to your account on the Site and select the “Log In” icon (person icon) at the top of the sidebar, then follow instructions towards cancellation. If you have any problems, please email firstname.lastname@example.org. Dollar Hair Co requires a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term.
3.5. Shipping and Product Acceptance
Regular shipments will ship on the anniversary of the Customer’s first purchase date. The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent via the Australia Post. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the delivery agent or carrier. However, if goods are missing from your order, or if the goods are not as ordered, you must contact our customer service department at email@example.com as soon as practicable.
4. Proprietary Rights
You hereby acknowledge and agree that Dollar Hair Co or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
Dollar Hair Co is a trade mark of Dollar Hair Co is the subject of a pending trade mark application in Australia. Other trade marks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Dollar Hair Co, Copyright © 2015 Dollar Hair Co, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
5. Third Party Sites; Indemnification
5.1. Third Party Web Sites
You hereby agree to defend, indemnify and hold each of the Dollar Hair Co Parties (as defined in Section 6 below) harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.
6. Disclaimer of Warranties
The parties acknowledge that there are certain guarantees, warranties, terms and conditions imposed by law relating to the supply of goods and services which the law expressly provides may not be excluded, restricted or modified or may only be limited to a certain extent.
Subject to any rights you have under any consumer protection law (statutory or otherwise) and to the fullest extent permitted by law, the site, content, products and memberships are furnished to you “as is” and without warranties, representations or conditions, statutory or otherwise, of any kind.
Subject to any rights you have under any consumer protection law (statutory or otherwise) and to the fullest extent permitted by law, dollar hair co, on behalf of itself and its affiliates, licensors, suppliers and third party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the “dollar hair co parties”): (a) expressly disclaims all representations, warranties and conditions, whether express, implied or statutory, including, without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose; (b) does not represent or warrant that the site, content, products or memberships will meet your requirements, or that the operation of the site or content will be timely, uninterrupted, stable, or secure; (c) does not represent or warrant that the site, content, products or memberships will be error-free or that any defects will be corrected; and (d) does not make any representations, warranties, or conditions regarding the use of the site, content or products in terms of their accuracy, reliability, timeliness, completeness, or otherwise. Your use of the site, content, products or memberships is entirely at your own discretion and risk and you assume total responsibility for your use of the site, content, products and memberships.
This limitation of remedies is a part of the bargain between you and dollar hair co. No oral or written information or advice given by dollar hair co or any person on behalf of dollar hair co shall create a warranty or condition, or in any way change this exclusion of warranty.
Subject to any rights you have under any consumer protection law (statutory or otherwise) and to the fullest extent permitted by law, nothing in this section 6 shall exclude or limit the dollar hair co parties’ warranties, representations or conditions to the extent they may not be lawfully excluded or limited by applicable law, in which case, such warranties, representations or conditions will be excluded and limited to the greatest extent permitted by applicable law.
7. Limitation of Liability
7.1 – SUBJECT TO ANY RIGHTS YOU HAVE UNDER ANY CONSUMER PROTECTION LAW (STATUTORY OR OTHERWISE) AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY DOLLAR HAIR CO PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, TORT, UNDER STATUTE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A DOLLAR HAIR CO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 – SUBJECT TO ANY RIGHTS YOU HAVE UNDER ANY CONSUMER PROTECTION LAW (STATUTORY OR OTHERWISE) AND TO THE FULLEST EXTENT PERMITTED BY LAW, IF, NOTWITHSTANDING THE FOREGOING, A DOLLAR HAIR CO PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS, THE RELEVANT DOLLAR HAIR CO PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID DOLLAR HAIR CO FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE; AND (B) THE SUM OF ONE HUNDRED AUSTRALIAN DOLLARS (AUD$100).
7.3 – DOLLAR HAIR CO'S LIABILITY TO YOU FOR LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE TERMS OF THIS AGREEMENT WILL BE REDUCED OR LIMITED TO THE EXTENT (IF ANY) THAT YOU CAUSE OR CONTRIBUTE TO THE LOSS OR DAMAGE.
7.4 - SUBJECT TO ANY RIGHTS YOU HAVE UNDER ANY CONSUMER PROTECTION LAW (STATUTORY OR OTHERWISE) AND TO THE FULLEST EXTENT PERMITTED BY LAW, NOTHING IN THIS SECTION 7 SHALL EXCLUDE OR LIMIT ANY DOLLAR HAIR CO PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH DOLLAR HAIR CO PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
8. Dispute and Arbitration; Class Action Waiver; Choice of Law
8.1. Dispute and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at firstname.lastname@example.org In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO DOLLAR HAIR CO’S ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small claims court in the state of Queensland. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor Dollar Hair Co has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to Dollar Hair Co for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules set by Australian Courts, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the Australian Safety Standard, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees
9. Electronic Communications; General Terms
9.1. Electronic Communications
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
9.2. General Terms
10.0 Programs & Discounts
10.1 Ambassador Program
Dollar Hair Co. reserves the right to declare whether posts to social media from elected ambassadors are classified as 'positive' in nature and represent the brand accurately with standards as identified by the business and not represent the brand disparagingly. Dollar Hair Co. reserves the right to expire agreements and contracts with ambassadors should the representation of the product be unjustly 'negative' in nature as defined by the business. Specific terms of the agreement between Dollar Hair Co. and the Ambassador will be disclosed between the two parties privately.
10.2 Cyber Monday
For purchases over $20 Dollar Hair Co. reserves the right to reject, refund or not accept any purchases we feel are violating our terms of service (monthly subscription). Shipping fees not included on any discounts.
10.3 Don't Leave Discount
This code and associated discount is valid and applicable only for your first order. Upon using the designated discount code in the checkout, you are agreeing to that the discount applies only for the initial purchase, and not for the recurring charge(s). Recurring charge(s) will incur complete cost of item without initial discount percentage.
We collect your email address and no other information from you. We’ll use this information by adding you to our list of interested customers, send you occasional newsletters that include an opt-out link, and let you know when our service is ready to use. We promise not to transfer your information to 3rd party services that are not directly required for us to perform business.Every email we send will include a link to opt out of any future communication. You can also contact email@example.com directly if you wish for your data to be 100% deleted. Dollar Hair Co. reserves the right to verify email addresses obtained prior to awarding prizes advertised. No bots, spam or fake emails will be accepted. Verification will occur after close of promotion. Upon email verification, subsequent prizes and associated reward codes will be distributed. Australian email addresses accepted only. Free giveaway cycle begins on the second month of all subscriptions selected. Users must make an account an proceed through initial transaction to obtain their reward. Competition ends Midnight NYE 31/12/2015.
10.5 First500 Discount
Please note that First500 discount is applicable only to the first 500 Dollar Hair Co. members and is valid only and applicable for the initial purchase. Should any adjustments or variations occur and subscription details be changed from the initial purchase; this will void the discount applied to this member.
10.6 'First Month Free' Month / Try it FREE Promotion
Members which partake in a promotion in which they receive a product for no cost or 'free' will not be be charged for the allocated free period. Upon the conclusion of the allocated free period, their original product cost as per their initial subscription purchase will be charged for the month following. This applies for the all promotions in which the customer receives a free month. Limited 1 per customer. This includes using the same name, address or credit card for initial purchase. If customer chooses to process multiple 'free' subscriptions for their first month, only 1 will be issued the first month, and customer will be charged for the amount of multiple subscriptions ordered the month following. If you use any of the First Month Free associated codes and apply it to your account, this voids the TRY-IT Money-Back Guarantee for any recurring purchases.