Last update: September 11, 2013
- 1. Description of Service, Acceptance of Terms, Modification
- Hair By Nicolas Jurnjack Pty., Ltd.. (“Company”) provides users (“Users”) of the web pages located at http://www. hairbynicolasjurnjack.com (the “Site”) with information and tutorials about the art of hair styling and other features, functions or services on the Site (collectively, the “Service”). Certain portions of the Site and the Services are only available to Users who become members (“Members”). To become a Member, you must provide Company with certain personal information and create an account.
This Terms and Conditions of Use Agreement (the “Agreement”) sets out the legally binding terms between you and Company. This Agreement applies to all Users of the Site or Service, including Users who submit any content, information or other materials on the Site. If you choose to use the Site or Service, you will be agreeing to abide by all of the terms and conditions of the Agreement. Company may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGESOR MODIFICATIONS.
Company may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
In addition, when using particular Company services, you and Company shall be subject to any additional terms, guidelines or rules applicable to such services, which may be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement. Also, Company may offer other services from time to time that are governed by different terms of service.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Company properties, shall be subject to this Agreement.
- 2. Privacy
- 3. License and Site Access
- Company grants you a non-transferable, non-sublicensable limited license to access and make personal use of the Site and the Service. You agree not to download (other than page caching) or modify the Site, content appearing on the site or any portion of either the Site or site content, except with express written consent of Company. This license does not include any resale or commercial use of the Site, the Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This license terminates upon any unauthorized use. The Site, Service, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, content, text, page layout, or form) of Company and our affiliates or other Users without express written consent, except as otherwise provided and made available through the Site or the Service. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. You are granted a limited, revocable and nonexclusive right to create a hyperlink to Company so long as the link does not portray Company, its affiliates or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may use the Company logo or other proprietary graphic or trademark of Company as part of the link, subject to Company’s usage requirements and Company’s right to revoke such permission in its sole discretion.
- 4. Account, Password, Security
- a) You will receive a password and a username designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Certain Site features and Services may require a subscriber or registration fee to gain access. Members agree not to share their username and password with anyone. You agree to (i) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
c) Company reserves the right to approve any Membership application at any time for any reason with any conditions at the sole discretion of Company. Company reserves the right to terminate any Member account at any time for any reason with any conditions at the sole discretion of Company. You acknowledge that Company reserves the right to cancel accounts that are inactive for an extended period of time.
- 5. International
- You agree to not use the Site or export any portion of the Site in violation of applicable export regulations. You are responsible for adhering to all relevant local and national laws wherever you are.
- 6. Products and Transactions
- a) The risk of loss and title for items that you may purchase from the Company via the Site or Service (“Products”) pass to you upon Company’s delivery of the items to the carrier or, in the case of any digital Products, once Company has made such digital Products available to you. Prices of all Products are subject to change at any time in Company’s sole discretion. All such pricing changes will be posted on the Site. Company reserves the right to reject, refuse or cancel any order you place with us, and/or to limit quantities on any order, without giving any reason. Without limiting the generality of the foregoing, in the event a Product is listed at an incorrect price or with incorrect information due to typographical error or other error in pricing, Company shall have the right to reject, refuse or cancel any orders placed for Product listed at the incorrect price, whether or not the order has been confirmed or your credit card has been charged. If Company rejects your order, Company will attempt to notify you using the e-mail address you have provided with the order.
b) You agree that you will pay timely, and Company may charge your credit card for, any Products and related additional amounts (including taxes, shipping, insurance, packaging and other related fees, as applicable) (“Product Fees”). You agree that Company may use all legal means available to collect Product Fees should our attempts to process your Product Fees fail for any reason, including any collection agency and legal fees. Company uses third party partners (“Partners”) to collect funds and process transactions. Company cannot guarantee the performance of Partners or the full receipt of the funds transferred by Partners.
c) All sales are final and all Product Fees and charges are nonrefundable. Nonetheless, Company reserves the right, but not the obligation, to offer a refund or discount or other consideration (“Credits”) to Users at any time, and for any reason. The amount and form of such Credits, and the decision to provide them, are at Company’s sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate Company to provide Credits in the future, under any circumstance. Users in the European Union may be entitled to additional rights in their respective jurisdictions.
- 7. Intellectual Property
- As between you and the Company, the Company is the owner of all intellectual property rights, including all copyrights, patents, trademarks associated with the Site and the Service, including all associated software, logos, text, graphics and multimedia. You agree not to use any Company intellectual property without Company’s prior permission. Company respects the intellectual property of others, and we ask our Users to do the same.
- 8. Conduct
- a) You agree to abide by the terms of this Agreement, obey any rules of conduct made available to you by Company via the Site or Service, and to not use the Service to: (i) interfere with, manipulate or take any actions that may undermine the integrity of any system used on the Service; (ii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (iii) collect or store personal data about other Users; (iv) harass, abuse or harm another person; or (v) contact, advertise to, solicit, or sell to any other User without their prior explicit consent.
b) Without limiting other remedies, Company and its affiliates may immediately warn Users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, freeze your transactions and refuse to provide the Service to you if: (i) you breach, or Company has reason to believe that you have breached, this Agreement or any document it incorporates by reference; (ii) we are unable to verify or authenticate any information you provide to Company; or (iii) we believe that your actions may cause financial loss, legal liability or other harm to you, Company or Users. Further, your membership may be terminated and you may be denied access to the Service if you breach any other agreement between you and Company in any way.
c) You are solely responsible for your interactions with other Users of the Site. Company reserves the right, but has no obligation, to monitor disputes between you and other Users.
- 9. Third-Party Content, Links and Syndication
- The Site and the Service may include third-party content and syndicated content, as well as third party applications, services, advertisements or links (collectively, “Third Party Content”). Company has no control over, and assumes no responsibility for, Third Party Content or the terms and conditions of use, privacy policies or practices associated therewith. By using the Site, you acknowledge and agree that Company shall have no liability arising from your use of any Third Party Content and that you shall assume the sole responsibility for, and risk associated with, your use of Third Party Content. Accordingly, Company encourages you to be aware when you leave the Company Site and to read the terms and conditions and privacy policies associated with any Third Party Content. In addition, Company will not and cannot censor or edit Third Party Content, and does not endorse any Third Party Content by virtue of its inclusion in the Site or Service. Any correspondence, business dealings with, syndication, linking or participation in promotions of third parties found on or through the Site or Service, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. Company has no control over third-party websites or resources, and as such, you acknowledge and agree that Company is not responsible for their availability, reliability or functionality.
- 10. Termination
- Company may terminate this Agreement at any time for any reason. Sections 7, 9, 11, 12, 13, 14, 15 and 16 shall continue in full force and effect upon any termination of this Agreement.
- 11. Representations & Warranties
- a) You represent and warrant that either (i) you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement or (ii) you are between the ages of 13 and 18 and have obtained parental consent prior to using the Site or the Service and, for the avoidance of doubt, prior to initiating any transaction. You represent and warrant that you will abide by and comply with this Agreement and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein. In any case, you affirm that you are over the age of 13, as the Site and Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Site or Service. Your membership or access to the Site and Service may be deleted or blocked without warning if it is found that you are misrepresenting your age. Your membership is solely for your personal use and you shall not authorize others to use your account.
b) You represent and warrant that you shall not act in any manner that conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.
c) You represent and warrant that your use of the Site and Service shall be in compliance with any applicable laws, rules and regulations of any governmental authority.
d) You represent and warrant that you will not use the Service to upload, post, link to, email, transmit, make available or otherwise utilize any material or mechanism designed to interrupt, destroy, alter or limit the functionality of any computer software, hardware, any telecommunications equipment, database or other proprietary material or equipment.
- 12. Disclaimers
- You acknowledge that any reliance on any opinion, advice, statement or information available on the Site or the Service is at your sole risk. Company makes no warranty as to the quality, accuracy, completeness and validity of any materials on the Site or the Service and does not warrant that the functions contained on the Site will be uninterrupted or error-free, or that defects will be corrected. The Site and the Service may contain views, opinions, statements and recommendations of third-party individuals and organizations, and Company does not represent or endorse the accuracy, correctness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site or the Service.
YOUR USE OF THE SERVICE AND ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE AND ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE AND ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- 13. Indemnification, Limited Liability, Class Action Waiver
- a) You hereby indemnify and hold harmless, and upon Company’s request, defend Company and its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action or proceeding brought by a third party based on: (i) your use of the Site and Service; (ii) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or (iii) your violation of any third part right. You will reimburse Company and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 13, provided that Company attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. Company shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Company’s request. Company shall have the right, at its expense, to participate in the defense thereof under your direction.
b) EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION IN SECTION 13(a), AND EXCEPT FOR A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY PURSUANT TO THIS AGREEMENT DURING THE TERM OF YOUR MEMBERSHIP.
c) YOU AND COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION OR IN ANY PROCEEDING IN WHICH YOU OR COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND COMPANY FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, COMPANY AND ALL PARTIES TO ANY SUCH PROCEEDING.
- 14. Applicable Law
- This Agreement and the relationship between you and Company shall be governed by the law of the state of New York without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in New York County, although Company reserves the right to bring proceedings against you for breach of these terms and conditions in your country of residence or in any other relevant jurisdiction.
- 15. Notice
- 16. General
b) The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
c) If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
d) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e) The section titles in this Agreement are for convenience only and have no legal or contractual effect. Any translation of this Agreement is done solely for convenience and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern.