Website Terms & Conditions
In these terms and conditions, “we” “us” and “our” refers to Tiger Orchid Pty Ltd ABN 36 205 475 705 being the owners of Session Styling Secrets, How to Hair, Love your Hair and other associated Richard Kavanagh services and products.
These terms and conditions, as amended from time to time, are the terms and conditions for your use of our website and associated online channels (Website).
By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions (Terms).
1. Use of the Website
1. 1 You must use the Website in accordance with these Terms. By using the Website you warrant that you are over 18 and legally capable of entering into a binding contract.
1. 2 You are solely responsible and liable for all activity and communication on the Website initiated by yourself or via your registered account login (your Account).
1.3. You must not use the Website for any unlawful purpose, use the Website to engage in any offensive conduct or breach of a third party’s intellectual property rights or interfere with the Website’s operation or security.
1.4. You must keep your Account login details secure and confidential, and notify us immediately of any actual or suspected security breach.
1.5. If you use a workplace email address or facilities for your Account or to access the Website, then you are solely responsible for ensuring that you comply with your workplace rules.
1.6. You must not attempt to damage the Website in any way or introduce any virus or harmful code to the Website.
1.7. As we consider necessary in our discretion, we can temporarily or permanently restrict your access to the Website or revoke your Account.
1.8. We may change the Website from time to time in our discretion.
2. Information on the Website and our Service
2. 1 You may use the Website and our Service in relation to your hair, fashion, beauty and education business.
2.2. While we use reasonable efforts to ensure the accuracy and completeness of the information included on the Website, you should use your own judgment and make your own enquiries about the suitability of the information for your business and your customers.
2.3. The Website may contain links to other third party websites. We do not endorse the content of these websites nor provide any warranties regarding the accuracy of their content.
3. 1 You can order our products and services via the website.
4. Privacy and Personal Information
5. 1 You indemnify us and our personnel from and against all losses and claims resulting from your breach of these Terms, any applicable law or any third party intellectual property rights.
5.2 To the extent permitted by law and except as set out in this clause 5, we exclude liability for any claims, losses, damage, cost or expense incurred by you in connection to your use of this Website. We do not warrant that the Website will be uninterrupted, error-free or free from viruses or harmful code.
5.3 To the extent permitted by law we exclude all representations and warranties, expressed or implied but not limited to those relating to fitness for a particular purpose. You acknowledge that the Website is provided "as is" and that we do not make any warranty or representation as to the suitability of the Website for any purpose.
5.4 You warrant and represent to us that you are purchasing our Product and Service for the uses intended and described in the website.
5.5 Our products and services may come with guarantees that cannot be excluded under the Australian Consumer Law. You have rights under the Australian Consumer Law for major and minor failures. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of the product or service. For a minor failure, we may choose to provide you with a refund or re-supply the product or service.
5.6 To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the Australian Consumer Law.
5.7 The type of remedy we will offer you may vary depending on how long it takes you to make a claim.
5.8 To the extent permitted by law, we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, negligence or otherwise unless that loss arises as a result of our own willful negligence or willful misconduct.
5.9. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, negligence or otherwise.
6. Intellectual property
6. 1 The contents of the Website incorporate our intellectual property and you must not copy or reproduce them.
6.2 Any third party trade marks included in the Website are subject to the rights of the third party and remain the intellectual property of the third party.
6.3 If you provide any content to the Website, such as reviews, testimonials or other information, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, adapt and sub-license that content for our purposes and you provide all necessary consents in relation to moral rights to enable us to do so. You warrant that you have the right to provide this licence and consent in relation to all such content, and that the content is not misleading, defamatory or offensive, or otherwise contrary to law or an infringement of the rights of any third party.
7. 1 These Terms will be governed by and construed in accordance with the laws in New South Wales, Australia. You hereby agree to submit to the non-exclusive jurisdiction of the courts having jurisdiction in that state and courts of appeal from them.
7.2. These Terms may be updated from time to time. You should check the Website for any changes.