Shipping Worldwide | Buy Now, Pay Later

Terms of service

Website Terms and Conditions 

This website located at https://hairsecretsextensions.com.au ( Website) is owned and operated by ABN 16 147 361 415, (Hair Secret Extensions). 

By using this Website and in consideration of Hair Secret Extensions providing you with access to the Website, you confirm that these Terms and Conditions govern your access to and use of the Website and you accept and agree to comply with them. 

Hair Secret Extensions recommends that you print a copy of these Terms and Conditions for future reference. 

Hair Secret Extensions reserves the right to amend these Terms and Conditions from time to time.  Every time you wish to use the Website, please check these Terms and Conditions to ensure you understand the terms and conditions that apply at that time. 

  1. Other Terms and Conditions 

  1. These Terms and Conditions refer to the following additional terms, which may also apply to your use of this Website: 

  1. Hair Secret Extensions' Privacy Policy: https://hairsecretsextensions.com.au/pages/privacy-policy; and 

  1. Hair Secret Extensions' Terms and Conditions of Supply: https://hairsecretsextensions.com.au/policies/terms-of-service 

  1. Intellectual Property 

  1. All material on the Website, including the text, code, information, graphics, illustrations, photographs, video, music, sound, trading names, service marks, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Hair Secret Extensions. 

  1. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of Hair Secret Extensions, or as permitted by law.  All rights of Hair Secret Extensions are reserved. 

  1. 'Hair Secret Extensions' and theBuy Natural Hair Extensions Online | Hair Secrets Extensions | Hair Secrets Extensionslogo are trade marks of Hair Secret Extensions. 

  1. Trade marks used on the Website to describe third parties and their products are trade marks of those third parties and you are not permitted to use them without the consent of those third parties. 

  1. Links and Third Party Content 

  1. You must not link to, frame or mirror any part of the Website without Hair Secret Extensions’ written authorisation. 

  1. The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites).  Third Party Content and Third Party Websites are not under the control of Hair Secret Extensions.  Hair Secret Extensions does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.  If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk. 

  1. Your conduct 

  1. You must not: 

  1. use the Website in breach of any applicable laws or regulations; 

  1. use the Website for commercial purposes (including for competitive advantage or to the competitive disadvantage of Hair Secret Extensions); 

  1. use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others; 

  1. interfere with, disrupt, or create an undue burden on the Website; 

  1. upload, post, transmit or otherwise make available any material that: 

  1. is not your original work, or which may infringe the intellectual property or other rights of another person; 

  1. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; 

  1. includes an image or personal information of another person unless you have their consent; 

  1. you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive; 

  1. contains large amounts of untargeted, unwanted or repetitive content; or 

  1. contains financial, legal, medical or other professional advice. 

Without limiting the above, you will not and will not permit a third party to: 

  1. misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technically harmful.  You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.  You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack; 

  1. use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;  

  1. use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; and 

  1. do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website. 

If you believe that a user has breached any of the above conditions, please contact us info@hairsecrets.com.au. 

  1. User-generated Content 

  1. By uploading, transmitting, posting or otherwise making any material available via the Website, you grant Hair Secret Extensions, a non-exclusive, worldwide, royalty-free, perpetual licence to use, store, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968.  Any material you upload to the Website will be considered non-confidential and non-proprietary. 

  1. Hair Secret Extensions reserves the right to block or suspend any user of its Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice.  Hair Secret Extensions also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you on the Website constitutes a violation of their intellectual property rights or of their right to privacy. 

  1. Hair Secret Extensions is not responsible for, and accepts no liability with respect to any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than Hair Secret Extensions.  Hair Secret Extensions does not endorse any opinion, view, advice or statement made by any person other than Hair Secret Extensions. 

  1. You agree to indemnify Hair Secret Extensions and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of Hair Secret Extensions in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of or in connection with the breach of or failure to comply with these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates. 

  1. Cookies 

  1. A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time.  We use cookies to identify specific machines in order to collect aggregate information on how visitors experience the Website.  This information will help to better adapt the Website to suit personal requirements. 

  1. We may use third-party vendors to show Hair Secret Extensions ads on sites on the Internet and serve these ads based on a user’s prior visits to the Website.  Hair Secret Extensions may also use analytics data supplied by these vendors to inform and optimise its ad campaigns based on your prior visits to the Website. 

  1. While cookies allow a computer to be identified, they do not contain personal information about a specific individual.  For information on cookie settings of your internet browser, please refer to your browser’s manual. 

  1. Errors, Inaccuracies and Omissions 

  1. From time to time there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Hair Secret Extensions reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your Order). 

  1. Hair Secret Extensions undertakes no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website has been modified or updated. 

  1. Disclaimer and Liability 

  1. Hair Secret Extensions does not guarantee that the Website will be secure or free from bugs or viruses or function without interruption or errors.  The Website is provided on an "as is" and "as available" basis.  You are responsible for configuring your information technology, computer programmes and platform to access the Website.  You should use your own virus protection software.  By accessing  the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website. 

  1. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in Hair Secret Extensions' Terms and Conditions of supply https://hairsecretsextensions.com.au/policies/terms-of-service. 

  1. To the extent permitted by law, Hair Secret Extensions and its Affiliates excludes all warranties, conditions and representations (whether express or implied) that may apply to the Website or any Content on it.  Hair Secret Extensions and its Affiliates will not be liable to you for any loss or damage of any kind, whether in contract, tort (including negligence), even if foreseeable, arising under or in connection with: 

  1. your use of, or inability to use the Website; or 

  1. your use of or reliance on any Content or material displayed on the Website, 

including any direct, indirect, special, incidental, consequential or punitive damages, which includes, but is not limited to, loss of revenue or profits or business or anticipated savings, loss of use or goodwill or reputation, loss of data, even if such loss was foreseeable. 

  1. Privacy Policy 

Hair Secret Extensions’ Privacy Policy is incorporated by reference into these Terms and Conditions.  Hair Secret Extensions will only use your personal information as set out in its https://hairsecretsextensions.com.au/pages/privacy-policy. 

  1. Jurisdiction 

These terms and conditions are governed by the laws of Victoria, Australia. 

  1. Contact 

If you have any queries regarding these Terms and Conditions, please contact Hair Secret Extensions info@hairsecrets.com.au. 

 

 

TERMS AND CONDITIONS OF SALE 

The following standard terms and conditions (Terms) apply where ABN 16 147 361 415, (HSE) supplies Goods or Services to a Buyer.  

  1. Definitions 

In these Terms: 

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any other equivalent legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory); 

"Buyer" means the person or entity who is buying the Goods or Services from HSE, the details of which are set out in the Order; 

"Confidential Information" has the meaning given to it in clause 17; 

“Consequential Loss” means any loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, future reputation or publicity, loss of use, loss of interest, damage to credit rating, or loss or denial of opportunity or any other loss or damage suffered by a party or any other person which is indirect or consequential; 

“Consumer” has the meaning given to it in section 3 of the Australian Consumer Law; 

"Consumer Guarantee" means the guarantees contained in sections 51 to 62 inclusive of the Australian Consumer Law.  

 "Contract" means the contract between the Buyer and HSE, which consists of the Credit Account Application (if any), these Terms, the Guarantee and Indemnity (if applicable) and all Orders for Goods and Services placed by the Buyer to HSE; 

"Credit Account Application" means an application for commercial credit completed by the Buyer, in a form approved by HSE; 

“Defective Goods” means Goods that are defective in design, performance or workmanship; 

"Defective Services" means Services that are defective in performance; 

 “Goods” means all products supplied by HSE to the Buyer;  

“GST” means any goods and services tax and any replacement or similar tax; 

“GST Law” means A New Tax System (Goods and Services Tax) Act 1999 (Cth); 

"Insolvency Event" means the happening of any of these events: 

  1. a party suspends payment of its debts generally, is or becomes unable to pay its debts within the meaning of the Corporations Act 2001 (Cth); 

  1. a party enters into, or resolves to enter into, any arrangement, composition or compromise with, or assignment for the benefit of, its creditors or any class of them; 

  1. receiver, receiver and manager, liquidator, provisional liquidator, administrator, trustee or similar official is appointed over any of the assets or undertakings of a party, an application or order is made for the winding up or dissolution of a party, or a resolution is passed or any steps are taken to pass a resolution for the winding up or dissolution of a party, except for the purpose of an amalgamation or reconstruction which has the other party’s prior consent; 

  1. a party goes bankrupt; or 

  1. a party ceases, or threatens to cease, to carry on a business; 

“Invoice” means an invoice issued by HSE to the Buyer setting out the amount to be paid by the Buyer;  

"Loss" means all actions, claims, costs (including legal costs on an indemnity basis), damages, expenses, interest, liabilities and losses (whether direct, indirect, special, consequential or otherwise); 

“Order” means any order for Goods and/or Services placed by the Buyer with HSE;  

"Personal Information" means information or an opinion about an identified individual, or an individual who is reasonably identifiable: 

  1. whether the information or opinion is true or not; and 

  1. whether the information or opinion is recorded in a material form or not, 

  1. or as otherwise defined by the Privacy Act 1988 (Cth). 

"Premises" means the premises specified in the Order where the Goods are to be delivered and/or the Services are to be performed; 

"Price" means the price for the supply of the Goods or Services as provided for in clause 10; 

“PPSA” means the Personal Property Securities Act 2009 (Cth); and 

"Services" means any services performed by HSE in respect of the Goods and any other services that HSE agrees to perform on behalf of the Buyer. 

"Website" means the website located at https://hairsecretsextensions.com.au. 

 

  1. General 

  1. The Contract: 

  1. supersedes and excludes all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the Goods and Services including, but not limited to, those relating to the performance of the Goods or Services or the results that ought to be expected from using the Goods or Services; and  

  1. overrides any quotes, invoices, accepted or modified Orders and the Buyer’s terms and conditions of purchase (if any), exchanged between the parties whether or not such documents expressly provide that they override this Contract or any part of it. 

  1. Unless HSE otherwise agrees in writing, the Contract comprises the only terms which shall apply to all Goods or Services supplied by HSE. 

  1. Orders 

  1. HSE has sole discretion to accept or reject any Order, any part of an Order, or any variation or modification of an Order, requested by the Buyer.  

  1. HSE has sole discretion to accept or reject any Order cancellation request by the Buyer. If a cancellation request is accepted by HSE, the Buyer will be liable for any Loss incurred by HSE in respect of that Order (including, without limitation, payment for any Goods ordered by HSE from its suppliers relating to that Order or any costs incurred by HSE as at the date of cancellation in respect of the Services) (Cancellation Fee). The Customer acknowledges and agrees that HSE may retain any deposit payment paid by it under clause 10, as or towards the Cancellation Fee. 

  1. The Cancellation Fee will not exceed more than 15% of the invoiced value of the Order. 

  1. The Buyer authorises HSE to subcontract the provision and delivery of the Goods and Services at HSE's absolute discretion.  

  1. Limitation of liability 

  1. Subject to clause 4(b): 

  1. all conditions, warranties and implied terms, whether statutory or otherwise, are excluded in relation to the Goods and Services; and 

  1. the Buyer releases HSE from any liability for legal costs and disbursements and, without limitation, any indirect or consequential expense, loss or damage, loss of profits, revenue, use, expectation or opportunity, wasted expenditure, lost production or similar losses suffered by the Buyer under or in connection with the Contract;  

  1. HSE's liability for any Loss suffered or incurred by the Buyer, howsoever caused, which arises out of or in connection with the supply of the Goods or Services under these Terms:  

  1. in the case of Goods, is limited to (at the option of HSE):  

  1. the replacement of the Goods or the supply of equivalent Goods;  

  1. the repair of the Goods;  

  1. the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or 

  1. the payment of the cost of having the Goods repaired; or 

  1. a credit note in the amount of the price paid for the Goods;  

  1. in the case of Services, is limited to (as the option of HSE):  

  1. the resupply of the services; or 

  1. the payment of the cost of resupply of the services; and 

  1. a credit note in the amount of the price paid for the services.   

  1. The Australian Consumer Law provides Consumers with a number of Consumer Guarantees that cannot be excluded or limited. The limitations of liability set out in these Terms are therefore subject to, and will not apply to the extent that they limit or exclude, such Consumer Guarantees applicable to Consumers. However where the Australian Consumer Law permits HSE to limit the remedies available to it for a breach of a Consumer Guarantee, HSE hereby limits its remedies to such Consumers for a breach of a Consumer Guarantee, in the case of Goods, to the repair or replacement of the Goods, the supply of equivalent Goods or the payment of the cost of having the Goods repaired or replaced or having equivalent Goods supplied and, in the case of Services, to supplying the Services again or paying the cost of having the Services supplied again. 

  1. Samples and Descriptions 

  1. As variations will occur in the colour and texture of materials used in the manufacture of products no warranty or guarantee is given by HSE that the Goods will correspond in appearance with any sample, display, or goods previously sold, except as required under the Australian Consumer Law.  

  1. No warranty or guarantee is given by HSE whatsoever regarding the quality, condition, colour, merchantability, or fitness for purpose of the Goods, except as required under the Australian Consumer Law.  

  1. The Buyer expressly acknowledges that for all purposes whatsoever the Buyer has relied entirely on its own knowledge, skills, and judgment in selecting and ordering the Goods.  

  1. The Buyer acknowledges and accepts that certain Goods have handpieces which, for the purpose of quality control and safety must be tested by HSE before delivery; and  

  1. accepts those handpieces are new but for that testing.  

  1. Services 

  1. HSE will perform the Services (if any) at the Premises. 

  1. If for any reason the Buyer is not ready, willing or able to receive the Services on the date specified in the relevant Order (or as otherwise agreed by the parties), HSE can issue an Invoice to the Buyer in respect of such Services.  

  1. The Buyer must ensure that the Premises are sufficiently clean, secure and safe to enable HSE to perform the Services and must ensure at all times that it has appropriate occupational health and safety processes and policies in place at the Premises which comply with all applicable laws. 

  1. Delivery 

  1. HSE will use all commercially reasonable efforts to deliver the Goods and supply the Services for which it has accepted an Order to the Premises by the delivery date specified in the Order. 

  1. HSE may deliver the Goods and supply the Services by separate instalments.  Each separate instalment will be invoiced and paid in accordance with clause 10. 

  1. The Buyer must at all times provide access to the Premises  

  1. Delivery of the Goods and supply of the Services to a third party nominated by the Buyer is deemed to be delivery or supply to the Buyer for the purposes of these Terms. 

  1. The failure of HSE to deliver the Goods or supply the Services does not entitle either party to treat these Terms or the Contract as repudiated. 

  1. Except where HSE's obligation is a Consumer Guarantee, HSE is not liable for any Loss whatever due to a failure by HSE to deliver the Goods or supply the Services (or any of them) promptly or at all. 

  1. Acceptance 

  1. The Buyer must, as soon as possible after delivery of the Goods or the performance of the Services, check whether the Goods or Services are Defective Goods or Defective Services. 

  1. The Buyer must provide notice to HSE of any Defective Goods or Defective Services within 7 days after delivery or supply of the Goods or Services. 

  1. In relation to the delivery of Goods, if the Buyer gives HSE notice under clause 8(b), it must: 

  1. preserve the Defective Goods in the state in which they were delivered for 7 days after it gives HSE notice; and 

  1. at HSE's request, return the Defective Goods at HSE’s cost within 7 days after the delivery date in the condition in which they were delivered and with all packaging material in as new condition as is reasonably possible in the circumstances. 

  1. Risk and title  

  1. The risk in the Goods passes to the Buyer when the Goods are delivered to the Buyer.   

  1. HSE's rights under this clause 9 secure: 

  1. HSE's right to receive the Price of all the Goods sold under this Contract; and 

  1. all other amounts owing to HSE under this Contract or any other agreement between the Buyer and HSE. 

  1. All payments received from the Buyer must be applied in accordance with section 14(6)(c) of the PPSA. 

  1. Until full payment in cleared funds is received by HSE for all Goods and Services supplied by it to the Buyer, as well as all other amounts owing to HSE by the Buyer  under this or any other Contract: 

  1. legal title and property in all Goods supplied under this Contract remains vested in HSE and does not pass to the Buyer; 

  1. the Buyer  must store the Goods separately and in such a manner and maintain any labelling and packaging of HSE, so that the Goods are clearly and readily identifiable as the property of HSE; 

  1. the Buyer  must not sell the Goods except in the ordinary course of the Buyer's business; 

  1. in addition to any rights HSE may have under Chapter 4 of the PPSA, HSE may, at any time, demand the return of the Goods  and shall be entitled without notice to the Buyer and without liability to the Buyer, to enter any premises where it suspects the Goods may be located in order to search for and remove the Goods without committing a trespass, even though they may be attached or annexed to other goods or land not the property of HSE, and for this purpose the Buyer  irrevocably licenses HSE to enter such premises, undertakes that it will procure any necessary authority to enter from any relevant person and also indemnifies HSE from and against all Loss suffered or incurred by HSE as a result of exercising its rights under this clause 9(c)(iii). If there is any inconsistency between HSE’s rights under this clause 9(c)(iii) and its rights under Chapter 4 of the PPSA, this clause 9(c)(iii) prevails. 

  1. the Buyer acknowledges and warrants that HSE has a security interest (for the purposes of the PPSA) in the Goods and any proceeds described in clause 9(c)(iii) and the Buyer  must do anything reasonably required by HSE to ensure that such security interest is enforceable, perfected and otherwise effective and has the priority required by HSE, which, unless HSE agrees in writing otherwise, is first priority; and 

  1. the security interest arising under this clause 9(c)(v) attaches to the Goods when the Buyer  obtains possession of the Goods and the parties confirm that they have not agreed that such security interest attaches at any later time. 

  1. The Buyer must, at its own cost, insure and keep insured the Goods against such risks as a prudent owner of the Goods would insure at their full cost price, with a reputable insurance company. 

  1. Price and payment 

  1. At HSE's discretion, the Price of the Goods and Services will be: 

  1. HSE's current price at the date of the delivery of the Goods or the provision of the Services according to HSE's current price list;  

  1. HSE's current price listed on the Website at the date the Order is confirmed by HSE; or 

  1. HSE's quoted price which will be binding on HSE for a period of 14 days from the date of quotation and which may be accepted by the Buyer, by written notice to HSE, at any time within those 14 days. 

  1. Time for payment for the Goods and Services is of the essence and will be stated on the Seller’s quotation or other form, which will also contain details of any deposit payable by the Buyer.  If no time is stated by HSE then payment must be made  before delivery of the Goods or the performance of the Services (as applicable). 

  1. HSE may withhold delivery of the Goods or the supply of the Services until the Buyer has paid for them in full, in which case payment must be made before the delivery  / supply date (as applicable). 

  1. Unless prices quoted by HSE are stated to include any sales, value added, GST or similar tax which may apply, these taxes are payable by the Buyer in addition to the quoted prices. 

  1. The Buyer must pay the Price for Goods or Services supplied to the Buyer by cash, credit card (plus any charges that may be applicable), direct debit, or in any other way that HSE directs. 

  1. Payment by cheque or other negotiable instrument is not regarded as received until it is cleared. 

  1. Without prejudice to any other rights or remedies of HSE, if the Buyer fails to make (whether in full or in part) any payment required under these Terms on or before the due date for payment, then: 

  1. HSE may charge the Buyer interest on the unpaid amount at 2% per annum above the average of the most recent prime rate, indicator rate, or reference rate (however described) for business overdraft published by Commonwealth Bank of Australia; and 

  1. such interest will accrue from the date payment was due to the date payment is made, will be calculated daily and capitalised monthly and must be paid by the Buyer upon demand by HSE. 

  1. Prices do not include any applicable shipping or delivery fees. Delivery fees will be charged where applicable and will be included in the Order total upon checkout of the Website or confirmation of the Order. Prices or shipping are subject to change effective immediately upon posting of such Price changes to the Website or other form of notification. 

  1. Subject to these terms and conditions to the contrary, The Price of Goods and Services will be as stipulated on the Website, except in the case of an obvious error. Although HSE makes every effort to ensure that the Prices featured on the Website are correct, error may occur. If HSE discovers an error in the Price of any of the Goods or Services that have been ordered by the Buyer, HSE will notify the Buyer as soon as possible and give the Buyer the option of confirming its order at the correct Price. If HSE is unable to contact the Buyer, the Order may be cancelled and the amount paid by the Buyer will be refunded in full via the original payment method used. 

  1. GST and other taxes and duties 

Notwithstanding any other clause in the Contract, to the extent that any supply made under or in connection with the Contract is a taxable supply (as defined by the GST Law), the Buyer must pay to HSE, in addition to the consideration provided for under these Terms for that supply (unless it expressly includes GST) an amount (additional amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. The Buyer must pay to HSE the additional amount at the same time as the consideration to which it is referable. The Buyer is responsible for paying any other duties, taxes or charges, including any stamp duty (if applicable), in relation to the Goods. 

  1. Termination 

  1. HSE may terminate: 

  1. the terms of credit provided to the Buyer; 

  1. any Order placed by the Buyer; or  

  1. the Contract in its entirety, 

by written notice to the Buyer if the Buyer: 

  1. breaches these Terms in a material respect and, in the reasonable opinion of HSE, the breach: 

  1. cannot be remedied; or 

  1. can be remedied, but is not remedied by the Buyer within 7 days after HSE gives the Buyer notice of the breach; or 

  1. suffers an Insolvency Event. 

  1. The Buyer must, within 7 days after the date of expiry or termination: 

  1. pay HSE all amounts it owes HSE, whether due at that time or not; and 

  1. return all Confidential Information to HSE. 

  1. Force majeure 

  1. HSE is not liable for any failure to perform any of its obligations under these Terms as a result of any event beyond its reasonable control including, without limitation, where HSE is prevented or hindered from manufacturing, delivering or supplying the Goods or Services as a result of any strikes, lockouts or other labour difficulty, inability to obtain any necessary materials, products, equipment, facilities or services from usual suppliers on usual terms, power or water shortage, accidents or breakdowns of plant, machinery, software, hardware or communication network.  In such circumstances, HSE may suspend performance of any obligations under these Terms while the event continues. HSE shall not incur any liability to the Buyer in respect of such suspension. 

  1. If any of the above events occur for more than 30 days, HSE may, without liability, terminate any affected Order and/or the Contract immediately by notice in writing to the Buyer.  

  1. Privacy 

  1. HSE can collect, use and disclose Personal Information about the Buyer and any guarantor, in accordance with the Credit Account Application and HSE's privacy policy, which is available at https://hairsecretsextensions.com.au/pages/privacy-policy.  

  1. The Buyer must notify HSE if any Personal Information of the Buyer or any guarantor changes and consents to HSE collecting, using and disclosing this updated Personal Information in accordance with HSE's privacy policy. 

  1. Indemnity 

The Buyer indemnifies HSE against any Loss which HSE suffers, incurs or is liable for in connection with the Contract including, but no limited to: 

  1. any act or omission of the Buyer; 

  1. any breach of the Contract by the Buyer; and 

  1. enforcing any security interest arising in connection with the Contract. 

  1. General lien 

In addition to any right of lien to which HSE may be entitled under the common law, HSE shall be entitled to exercise a general lien over all items in its possession belonging to the Buyer until the Buyer has paid in full for all Goods or Services supplied by HSE to the Buyer.  HSE may in its sole discretion sell any item that is subject to a lien, provided that HSE shall pay to the Buyer any surplus proceeds that are realised by it from a sale of any such items after discharging in full all monies outstanding to HSE in respect of unpaid Goods and all reasonable costs of sale incurred by HSE. 

  1. Confidential information 

  1. In this clause 17, Confidential Information means confidential information, trade secrets, know-how, scientific, technical, product, market or pricing information relating to the Goods or Services or HSE's business. 

  1. The Buyer is authorised to use the Confidential Information for the sole purpose of using or selling the Goods or Services supplied under these Terms and must not otherwise use or disclose any Confidential Information. 

  1. Severance 

If any provision of the Contract or its application to any person or circumstance is or becomes invalid, illegal or unenforceable the provision shall, so far as possible, be read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down the provision or part of it shall be deemed to be void and severable and the remaining provisions of the Contract shall not in any way be affected or impaired. 

  1. Variation and assignment 

The Contract may be varied by agreement between the parties in writing only.  The Buyer may not assign its rights under the Contract without HSE's prior written consent. 

  1. Governing law 

The Contract is governed by the law of the State of Victoria. HSE and the Buyer submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia. 

  1. Waiver 

Waiver by HSE of a breach of the Contract or of any right or power arising on a breach of the Contract must be in writing and signed by HSE. A right or power created or arising on a breach of the Contract is not waived by any failure to exercise or delay in exercising, or a partial exercise of, that or any other right or power. 

  1. No right to offset 

No amount owing, whether present or future, actual, contingent or prospective and on any account whatsoever, by the Buyer to HSE may be offset against any amount owing whether present, future, actual, contingent or prospective to the Buyer from HSE hereunder or on any other account whatsoever. 

  1. Intellectual property 

The purchase of Goods or Services under the Contract does not confer on the Buyer any licence or assignment of any copyright, patent, design or trademark, or any other intellectual property right (whether registered, registrable or not) that subsists in the Goods and/or Services.   

  1. Confidentiality and PPSA 

Subject to section 275(7) of the PPSA, neither party will disclose information of the kind mentioned in section 275(1) of the PPSA. 

  1. Enforcement of security interest 

If Chapter 4 of the PPSA would otherwise apply to the enforcement of the security interest created under the Contract, the Buyer agrees that the following provisions of the PPSA will not apply: 

  1. section 95 (notice of removal of accession), to the extent that it requires HSE to give a notice to the Buyer; 

  1. section 121(4) (enforcement of liquid assets – notice to Grantor); 

  1. section 130 (notice of disposal), to the extent that it requires HSE to give a notice to the Buyer; 

  1. paragraph 132(3)(d) (contents of statement of account after disposal); 

  1. subsection 132(4) (statement of account if no disposal); 

  1. section 135 (notice of retention); 

  1. section 142 (redemption of collateral); and  

  1. section 143 (reinstatement of security agreement). 

  1. Notices under the PPSA 

HSE does not need to give the Buyer any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded. 

  1. Further assurances  

If at any time: 

  1. HSE determines that the PPSA applies, or will at a future date apply, to the Contract or any of the transactions contemplated by the Contract; and 

  1. in the reasonable opinion of HSE, the PPSA adversely affects or would adversely affect the security position, or the rights of HSE under or in connection with the Contract or the Goods or compliance with the PPSA is necessary or advisable for HSE to maintain a first priority perfected security interest in the Goods or any other personal property of the Buyer under applicable law, 

then the Buyer must, upon HSE's request, cause the Contract and/or the security interest or ownership interests created under the Contract, to be registered with the applicable registry in accordance with and to the extent possible under the PPSA and must cause all other filings and recordings necessary or advisable under the PPSA and all such other action (including amending the Contract) required under the PPSA to be effected and taken, in order to maintain, protect and perfect the respective right, title and interests of HSE thereunder.  All costs and expenses arising as a result of actions taken pursuant to this clause 27 will be for the account of the Buyer. 

  1. Benefit of contract 

HSE holds the benefit of the Contract (including for the avoidance of doubt the indemnity in clause 15) for itself and on trust for each of its agents, servants and employees and any related bodies corporate as defined in the Corporations Act 2001 (Cth). 

 

Newsletter

Stay up to date on the latest product releases, special offers & news by signing up for our newsletter.

Read our privacy policy.

prooffactor.com