Terms of service

    1. This website is operated by Eyre Luxury Haircare Pty Ltd ACN 649 734 458.  Throughout this website (“Website”), the terms “we”, “us” and “our” refer to Eyre Luxury Haircare Pty Ltd ACN 649 734 458.  We offer this Website, including all information, tools and services available from this Website to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
    2. By visiting the Website or by purchasing something from us, you engage in our “Service” (including the supply of products through the Website) and agree to be bound by these terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants or contributors of content.
    3. Please read these Terms carefully before accessing or using the Website.  By accessing or using any part of the Website, you agree to be bound by these Terms.  If you do not agree to all the terms and conditions contained in the Terms, then you may not access the Website or use any Services. 
    4. Any new features or tools which are made available on the Website shall also be subject to the Terms.  You can review the most current version of the Terms at any time on this page.  We reserve the right to update, change or replace any part of these Terms by posting updates and changes to the Website.  It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
    5. Our Website is hosted on Shopify Inc.  They provide us with the online e-commerce platform that allows us to sell our products and services to you.
    1. By agreeing to these Terms, you represent that you are at least the age of majority in the jurisdiction in which you reside, or that you are the age of majority in the jurisdiction in which you reside and you have given us your consent to allow any of your minor dependents to use this site.
    2. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
    3. You must not transmit any worms or viruses or any code of a destructive nature.
       A breach or violation of any of the Terms will result in an immediate termination of your Services.
    1. We reserve the right to refuse to provide the Service to anyone for any reason at any time, acting reasonably.  Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 
    2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
    3. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
    1. We are not responsible if information made available on the Website is not accurate, complete or current.  The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on the Website is at your own risk.
    2. The Website may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website.  You agree that it is your responsibility to monitor changes to the information provided on the Website.
    1. Prices for our products are subject to change without notice.
    2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
    3. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
    1. Certain products or services may be available exclusively online through the Website.  These products or services may have limited quantities.
    2. We have made every effort to display as accurately as possible the colours and images of our products that appear for sale on the Website.  We cannot guarantee that your computer monitor's display of any colour will be accurate.
    3. 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.  We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.  We reserve the right to discontinue any product at any time.  Any offer for any product or Service made on the Website is void where such an offer is prohibited by law.
    4. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
    5. The product statements are not intended to diagnose, treat, cure or prevent any condition or disease.  All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.  
    1. We reserve the right to refuse any order you place with us.  We may, in our sole discretion and acting reasonably, 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 or orders that use the same billing or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you using the email, billing address or phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgment and acting reasonably, appear to be placed by dealers, resellers or distributors.
    2. 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 and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
    1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
    2. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.  To the maximum extent permitted by law, we will have no liability whatsoever arising from or relating to your use of optional third-party tools.
    3. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
    4. We may also, in the future, offer new services or features through the Website (including, the release of new tools and resources).  Such new features and services shall also be subject to these Terms.
    1. Certain content, products and services available via our Service may include materials from third parties.
    2. Third-party links on the Website may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy 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 damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
    1. If, at our request, you send certain submissions (for example contest entries) to us or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials to us, whether online, by email, by postal mail or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments.  We are under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for the use of or in relation to any Comments; or (3) to respond to any Comments.
    2. We may, but have no obligation to, monitor, edit or remove content on the Website that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any person’s intellectual property or these Terms or breaks any law.
    3. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.  You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or any third party as to the origin of your Comments.  You are solely responsible for any Comments you make and their accuracy.  We take no responsibility and assume no liability for any Comments posted on the Website.
    1. From time to time, there may be information on the Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
    2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
    1. In addition to other prohibitions as set forth in the Terms of Service, 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, Commonwealth, State, Territory or local regulations, rules, laws, or other instruments; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, 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 the Service 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 the Service or any related website, other websites or the internet.  We may to terminate your use of the Service or any related website for violating any of the prohibited uses.
    1. The Services, including our products, come with consumer guarantees that cannot be excluded under Australian Consumer Law.  However, our liability is otherwise excluded or limited under these Terms to the maximum extent possible under law.  On this basis, we exclude any implied terms, guarantees and warranties and liability for expenses or injuries relating to these Terms, circumstances outside our control and any loss, theft or damage to the products after delivery.  To the maximum extent permitted by law, we also limit our liability to the amount paid by you for the products or Services.  
    2. You represent and warrant to us that we will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation or lost time) in contract, tort, under statute or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.  
    1. You agree to indemnify, defend and hold harmless Eyre Luxury Haircare Pty Ltd ACN 649 734 458 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (if any) from and against any claim or demand, including reasonable legal 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.
    1. If anything in these Terms is unlawful, void or unenforceable, then it is severed and the rest of these Terms remains in force.
    1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
    2. These Terms are effective unless and until terminated by either you or us.  You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using the Website. 
    3. If in our sole judgment (acting reasonably) you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination and we may deny you access to our Services (or any part thereof).
  17. WAIVER 
    1. A party’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.  A waiver is not effective unless it is in writing.
    2. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
    1. These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales.  The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
    1. You can review the most current version of the Terms at any time at this page.
    2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Website.  It is your responsibility to check  Website periodically for changes.  Your continued use of or access to the Website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
    1. Questions about the Terms of Service should be sent to us at [insert contact email address].