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Terms & Conditions


HAIR-UM PTY LTD

ABN 29 113 867 271

(trading as “The Lice Doctor”)

GENERAL TERMS AND CONDITIONS

  1. Definitions
    In these Conditions, the following definitions apply unless the context otherwise requires:

    • “Business Day” means any day on which banks are open for business in Brisbane;
    • “Conditions” means these general terms and conditions;
    • “Contract” means the Order Confirmation, these Conditions and any other document which the parties have agreed in writing shall form part of the Contract;
    • “Customer” means the person who places the Order to provide the Product to the Customer in accordance with these Conditions;
    • “Delivery Address” means the address for delivery of the Product set out in the Order Confirmation.
    • “including” when introducing a list of items does not limit the meaning of the words to which the list relates to those items or to items of a similar kind;
    • “Lice Doctor” means Hair-um Pty Ltd ACN 113 867 271 trading as “The Lice Doctor”.
    • “Loss” means any loss or damage or compensation including consequential loss and loss of profits, and any direct or indirect, incidental or consequential damages including economic loss, loss of opportunity, loss of profit or revenue, loss or damage in connection with claims against the customer by third parties, liquidated sums or liquidated damages;
    • “Order Confirmation” means Lice Doctor’s response to a request by the Customer to supply the Product containing a description of the product and the price and otherwise in accordance with the terms in it and these Conditions;
    • “Product” means the item or goods specified in the Order Confirmation;
    • “Tax Invoice” means any tax invoice in respect of the supply of a Product to the Customer;
    • “Website” means the Lice Doctor’s website.
  2. General
    • Where a party is required to make payment or do any other thing on a day which is not a Business Day, the party must make such payment or do such other thing on the next Business Day.
    • The Customer must be at least eighteen (18) years of age to enter into this Contract and by accepting these terms and conditions the Customer acknowledges that the Customer is aged eighteen years or over.
  3. Website
    • The Customer uses the Website at its own risk including that:
      • Lice Doctor accepts no responsibility for any links to other websites from the Website including the content and privacy policy of those websites;
      • The Customer is responsible for ensuring that the Customer’s access to the World Wide Web or the Website is not illegal or prohibited by any law which applies to the Customer;
      • The Customer must ensure that the Customer’s access to the Website does not expose it to risk of viruses, malicious computer code or other forms of interference which may damage the Customer’s computer system, and the Customer releases Lice Doctor from any liability in that regard.
    • In using the Website, the Customer acknowledges and agrees:
      • Prices advertised and features and specifications of products on the Website are subject to change without notice;
      • Weights and other dimensions of products described on the Website are approximate;
      • Product images are for illustration purposes only;
      • Stock indicated on the Website as being available for purchase may not actually be available to fulfil the Customer’s Order and Lice Doctor will not be liable for loss or damage that may result from a product being unavailable even if indicated as such on the Website.
  1. Orders
    • The Customer may request Lice Doctor to supply the Customer with a Product as indicated on the Website and attending to payment for the Produce and Lice Doctor’s delivery fee in accordance with the directions on the Website.
    • In response to a Customer’s request, the Website will produce an Order Confirmation containing the terms on which Lice Doctor is prepared to supply the Product to the Customer whereupon a Contract between Lice Doctor and the Customer for the supply of the Product to the Customer on the terms of the Order Confirmation and on these Conditions is concluded.
    • The Lice Doctor may unilaterally cancel any Contract without liability to the Customer by giving 14 days’ notice at any time. The Lice Doctor will be entitled to payment for any Product supplied up to the date of cancellation.  Any amounts paid by the Customer on account of Product not supplied by Lice Doctor up to the date of cancellation will be refunded to the Customer by Lice Doctor.  Other than as specifically set out in this clause, neither party shall have any rights against the other following cancellation of the Contract by the Lice Doctor.
    • On conclusion of the Contract, the Contract, including the goods and services specified in the Contract or the Order, may not be varied or cancelled by the Customer other than as agreed by the Lice Doctor in writing.
    • The Product will be delivered to the address stated in the Order Confirmation by any mode or method of delivery or route decided by Lice Doctor in its discretion;
    • If Lice Doctor or its authorised contractors cannot deliver the Product to the Customer because of any act or omission by the Customer, its agents or employees, or due to any circumstances beyond Lice Doctor’s control, then Lice Doctor may charge an additional storage or transport fee and may charge in respect of any other costs Lice Doctor incurs because of the delay.
    • Lice Doctor is discharged from all liability in respect of any loss, damage, misdelivery or shortfall in the Product unless the Customer provides to Lice Doctor a written report detailing any such loss, damage, misdelivery or shortfall, within 24 hours after the time of delivery or collection. The failure by the Customer to notify a claim within that time is evidence of satisfactory performance by Lice Doctor of its obligations under these Conditions.
  2. Payments
    • The Customer shall make payment for the Product in accordance with the payment process on Lice Doctor’s website or as set out in the Order Confirmation.
    • The Customer agrees that Lice Doctor may process the payment upon issuing an Order Confirmation.
    • If the payment is declined or otherwise disallowed Lice Doctor may, in its discretion, immediately terminate this Contract and notify you by email of termination, whereupon Lice Doctor will have no further liability to the Customer under this Contract. The Customer must indemnify Lice Doctor for any costs incurred with its bank or other credit card or payment service provider as a result of the declined or disallowed payment.
    • If during the processing of the Customer’s payment, Lice Doctor’s fraud prevention protocols are activated or Lice Doctor otherwise has reasonable grounds to suspect that fraud or other unlawful activity may be associated with payment or attempted payment, Lice Doctor may, at its discretion:
      • immediately terminate this Contract and notify the Customer by email of termination, whereupon Lice Doctor will have no further liability to the Customer under this Contract; or
      • contact the Customer to confirm additional details or obtain information to satisfy Lice Doctor as to the veracity of the payment details. If the requested information is not supplied within seven days the Customer’s Order will be cancelled and the Customer’s payment will be refunded in the method that it was paid or such other method as Lice Doctor may reasonably determine.
    • The Customer must make payment without deduction or set off and may not retain any part of a payment due as a retention.
    • All payments, including any surcharge under clause 5.3 must be made prior to Lice Doctor delivering the Product.
  3. Delivery
    • The Product will be delivered within a reasonable time of the payment for the Order being processed.
    • If the Lice Doctor is unable to make the Product available to the Customer in accordance with this Contract by the date which is twenty (20) Business Days from the date of the Order, Lice Doctor will, by email notification to the Customer terminate this Contract and this Contract will be terminated and the Customer’s payment will be refunded in such method as Lice Doctor may reasonably determine and Lice Doctor will have no further liability to the Customer under this Contract.
  4. Condition of Product
    • Nothing in this clause excludes, restricts or modifies the provision of the Australian Consumer Law or other applicable legislation and the following provisions apply subject to the operation of any such law, to the extent that it may not be lawfully excluded by these terms.
    • Lice Doctor is not obliged to provide a refund otherwise than as required by any applicable law, to the extent that it may not be lawfully excluded.
    • Where Lice Doctor is liable to provide a refund or exchange, the Customer must:
      • comply with all directions of Lice Doctor regarding the return or the Product;
      • at the Customer’s cost, return the Product to Lice Doctor or as directed by them;
      • the Product is at the Customer’s risk until delivered to Lice Doctor; and
      • the Customer has the onus of proof to show that such return or notification has occurred.
  1. Warranties
    • Any warranty or other representation in relation to the Product is hereby excluded except to the extent that such warranty or representation is imposed by law and may not be lawfully excluded. Without limiting this, the use of the Product for the treatment of head lice does not guarantee re-infestation of head lice.
    • Without in any way limiting anything in this Contract, the Customer acknowledges that the Product is effective only if used strictly in accordance with directions of Lice Doctor provided with the Product and on the Website.
    • Use of the Product by the Customer is strictly at the Customer’s own risk. Without limiting this, the Customer acknowledges that in using the Product, the Customer is aware that the Product may contain active ingredients, which may cause skin irritations or other harm. The Customer should seek medical advice prior to using the Product if the Customer or the intended user of the Product suffers from any sensitivities or medical conditions likely to result from the treatment causing harm.
    • While Lice Doctor takes reasonable care in describing the Product and providing information as to its use, no warranty can be given as to the accuracy of the information and the Customer must make its own enquiries in relation to the product and acknowledges that it does not rely on the skill and judgment of Lice Doctor in deciding to acquire the Product or in the use of the Product.
  2. Risk

Risk of loss or damage to a Product ordered by the Customer shall pass on the date the Product is collected.

  1. Limitation of Liability for Loss and Damage
    • If the Contract is subject to the compulsory application of the Competition and Consumer Act Lice Doctor’s liability to the Customer for breach of a condition or warranty implied by the Competition and Consumer Act is limited to the extent permitted by law to whichever of the following options or combination of options Lice Doctor chooses:
      • either the replacement of the Product or the supply of an equivalent Product; or
      • the payment of the cost of replacing the Product or acquiring an equivalent Product.
    • Subject to clause 10.1 and any other law having compulsory application, Lice Doctor shall not be responsible to the Customer for:
      • any loss in connection with the supply of the Product, not directly caused by the negligent, wilful or reckless act or omission of Lice Doctor, its employees or agents, and whether arising in agreement, tort or otherwise, except to the extent of warranties, undertakings and promises expressly made by Lice Doctor in writing and forming part of the Contract;
      • any loss arising out of any fault or defect in the Product not directly due to the negligent wilful or reckless act or omission of Lice Doctor, its employees or agents;
      • any representations made by or on Lice Doctor’s behalf which are not in writing and expressly included in the Order Confirmation and these Conditions;
      • any statement or recommendation made, or advice, supervision or assistance given by Lice Doctor, its employees and agents whether oral or written;
      • any delay or failure in making the Product available, or default, or failure in performance of the Product because of circumstances beyond Lice Doctor’s control including, acts of God or of another person, natural disaster or disasters caused by man or animal or machinery or circumstances partly of one kind and partly of another;
      • any liquidated damages claimed by the Customer for any reason.
    • Any claim by the Customer for any Loss shall be reduced to the extent of negligent, wilful or reckless act or omission of the Customer, its employees or agent or any other person.
  2. Notices

While notices under this Contract may be given in any manner permitted by law, the Customer acknowledges that the principal method of contact by Lice Doctor to the Customer will be by email.  The Customer must ensure correct email contact details are provided and updated as necessary and that the nominated email address is regularly checked for correspondence.

  1. General
    • The Contract embodies all of the terms binding on the parties and there have been no representations, agreements or proposals, save for those specifically recorded in it.
    • Otherwise than as set out in these Conditions, the Contract may not be varied except in writing signed by the parties.
    • No Lice Doctor employee or agent has the authority to vary any of these Conditions.
    • Any waiver or forbearance in regard to the performance of the Contract shall operate only if in writing and shall apply only to the specified instance, and shall not affect the existence and continued applicability of the terms of the Contract thereafter.
    • If any provision of the Contract is held by a Court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation, the validity and enforceability of the remaining provisions shall not be thereby affected.
    • The Customer may not assign or purport to novate the Contract whether voluntarily or otherwise without Lice Doctor’s prior written consent. No assignment however occurring, and whether consented to by Lice Doctor or not, will relieve the Customer of its obligations to Lice Doctor.
    • The Contract is deemed to be made in the State of Queensland. Legal proceedings in connection with it will be issued and heard by Queensland courts and the courts of appeal therefrom.  The parties agree to the exclusive jurisdiction of the courts of Queensland.