Terms of service

TERMS OF USE

eyliish  ABN 27 086 387 288 (“we, us, our”) operates this website at www.hairdevote.com. Your use of this website and services is conditional upon you accepting these terms of use, and any other terms and conditions and policies we publish or link to on our website and services (“Terms of Use”). These Terms of Use apply to any website browser, customer, client, subscriber, contributor of content or any other user ("You, your"). By accessing or using our website and services, you are agreeing to be bound by these Terms of Use; if you do not agree, you cannot use our website and services, so please surf elsewhere. We may change these Terms of Use at any time, and by continuing to use or access our website and services, you are accepting those changes.

You must be 18 years old or older to use our website and services. You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information. 

You must not use our website and services:

  • for any unlawful purpose;
  • to infringe any law, or regulation;
  • to infringe intellectual property laws including, but not limited to, any copyright laws;
  • to transmit any destructive code such as worms, viruses or malware;
  • to spam, phish, spider, or scrape;
  • to interfere with or circumvent the security features; or
  • to collect or track the personal information of others.

INTELLECTUAL PROPERTY

All the Intellectual Property Rights in our website and services are owned by or licensed by us. This includes, but is not limited to, rights in all brand names, logos, slogans, images, photographs, copy, drawings, art, literature, music and video which appear on our website and services. We grant you a  non-exclusive, royalty-free, revocable, worldwide licence to use our website and services for your personal use only. You must not reproduce, duplicate, copy, sell, re-sell or exploit the website or services in any way. In particular, you must not use our website or services for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1998 where applicable. Please contact us at contact@eyliish.com.auto seek consent. 

TERMINATION

We may refuse to provide this website or services to you, or anyone, for any reason, at any time. In particular, if you breach these Terms of Use we may immediately terminate your use of our website and services. We can also change, suspend, or stop our website or services or any part of them at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our website and services. 

CONTENT

Sometimes content on our website and services will not be accurate, complete or current. Sometimes content may be incorrect, incomplete or outdated. We have no obligation, and do not warrant that we will correct errors, provide complete materials, or update information or any content. Any reliance on the content on our website and services is at your own risk.

THIRD PARTIES

Our website and services may include third party links. We have no control over third party links and websites, and we are not responsible for third party materials, content, websites or their products or services. Any purchase by you of products or services or any transaction with a third party is a contract between you and them, and we are not to be involved. You need to direct any concerns directly to that third party.

NO WARRANTIES

We do not represent or warrant that your use of our website and services will be uninterrupted, timely, secure or error-free. Our website is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions concerning, title, non-infringement or fitness-for-purpose.

THIRD PARTY APPS/ SOFTWARE

To enhance our website and services, we may provide you with access to third party apps and software tools over which we have no control. You acknowledge and agree that we provide access to these apps and tools on an “as is” and “as available” basis without any warranties as to their performance either express, or implied. We do not warrant that they will meet your requirements, be uninterrupted, timely secure or error- free, that the results will be accurate or reliable, or that the quality will meet your expectations. They are to be used at your risk, and you must read their terms and licenses which will govern your use of that resource. We are not responsible for any Loss or damage that you may suffer in connection with downloading, installing, using, modifying or distributing the third party apps or software.

PHOTOS AND VIDEOS
We encourage you to post photos, videos, testimonials and case studies (“Content”) on our website and Facebook page. Where you provide us with Content, you provide it on the condition that we may use the Content for marketing and information purposes, publications, exhibitions and professional awards across any print or digital medium, including any social media channel.  By providing us with Content, you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act1998 including, but not limited to the right of reproduction either wholly or in part.

However, in providing any Content, you acknowledge and agree that there are risks with posting photographs of children online. You therefore represent and warrant that:

  • The Content is in the best interests of your child;
  • Your child has consented to the Content; and
  • Your child is not the subject of a court or governmental order.

You must not:

  • include any personal information of yourself or your child in your posts; or
  • compromise any child’s privacy and/or safety.

Where Content is objectionable we may, but do not have any obligation to, edit or remove the Content. If you provide Content but subsequently want to revoke permission for us to use it, it is your responsibility to notify us immediately at contact@eyliish.com

LIABILITY AND INDEMNITY

Your use of, or inability to use our website and services is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services including, but not limited to, any errors or omissions in any content, price changes or discontinued services, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, and your Content.

You agree to indemnify us, and to keep us indemnified from any Claim  arising out of or in connection with your breach of these Terms of Use, or your violation of any law or the rights of a third-party,  third party links and services, and the provision of any Content.

 OTHER

These Terms of Use are to be construed in accordance with the laws of NSW, , and you and we submit to the jurisdiction of the courts of NSW, . The failure by us to exercise any right, or enforce any provision in these Terms of Use does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Terms of Use survive termination of this Agreement.

DEFINITIONS

Claim means any claim, under statute, tort, contract or negligence, any demand, award.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, personal injury, death, property damage and legal costs. 

We, us, or our means Happy Hair Brush[ ABN 27 233 233 288] and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.

Website and services means www.hairdevote.com.au and everything available on this website including, but not limited to, all services.

 

INTELLECTUAL PROPERTY STATEMENT

The material on this website, including the software, design, text, images and graphics comprised in the website and the selection and layout of the website is owned or under licence by hairdevote Ltd ABN 27 086 233 288 (hairdevote) and protected by Australian and international laws.

Your use of our website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on our website without the express written permission of the trade mark owner.

hairdevote owns the copyright, which subsists in all creative and literary works that are displayed on our website, subject to certain works being under licence.

You must not:

  • reproduce or use any of the material on the website;
  • in any way modify the material on the website; or
  • cause any of the material on the website to be framed or embedded in another website.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the website in any way except as expressly provided for by hairdevote.

Enforcement of our intellectual property rights

hairdevote will not, under any circumstances, tolerate infringement of his intellectual property, whether such infringement is inadvertent or otherwise. In the event that you do any of the prohibited acts as listed above or infringe upon its intellectual property in any other way, hairdevote will enforce its intellectual property rights against you.

Contacting us

Please email us if you have any questions about this Intellectual Property Statement. contact@eyliish.com