Terms & Conditions

Last updated: 03.12.2021

Welcome to Above the Collar, which is operated by Oz Hair and Beauty Pty Limited (ACN 137 915 809) ] (we, us or our).  The website operates to provide you with information about, and allow you to purchase, our products and services.

Questions about these Terms of Use can be submitted to us by contacting us on sales@abovethecollar.com.au

  1. Application of these Terms of Use
    • By using the website, each visitor (you, your) agrees to be bound by these terms of use (Terms of Use). Please read them carefully. Your use of the website and your purchase of any products and services indicates your acceptance of these Terms of Use.
    • We may vary these Terms of Use from time to time and we will publish the varied terms on the website. It is your responsibility to check the website periodically for changes and your continued use of the website following any changes indicates your acceptance of the changes. Your continued use of the website and/or purchase of additional products and services following any changes indicates your acceptance of the changes. The date of the policy’s latest revision will be published on this page.
    • You can only use and access the website to the extent you are legally able to do so in your State, Territory and/or country and you must also be over 18 years of age (or the age of majority in your location). Alternatively, if you are under 18 your parent and/or legal guardian can access and use the website on your behalf. 
    • By using the website, you warrant that you meet any eligibility criteria set out in these Terms of Use.
    • We reserve the right to prohibit anyone from using the website for any reason. 
    • You must use the website for lawful purposes and in a way which does not infringe the rights of any third party or restrict or inhibit anyone’s use of the website and/or our products and services.
  2. Account registration and bookings
    • You can browse the website without creating an account, however, sometimes we may require you to create one to make a Virtual Hair, Skin & Beauty Consultation (booking) and/or access certain functions of the website (Account).
    • Where you create an Account, you are responsible for maintaining the confidentiality of your password and registration attached to your Account and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security.
    • If you would like to delete your Account for any reason, please contact us using the contact form on our website.
    • You warrant all your information is current, complete, and accurate. You agree to promptly update your Account if your information changes.
    • On receipt of your request for a booking, we may accept or reject your booking request in our sole discretion.
  3. Services
    • We will use reasonable endeavours to perform the services in accordance with these Terms of Use. You acknowledge and agree that:
      • the performance of the services is subject to numerous circumstances beyond our control (including our third party freight providers, weather, changes to any applicable government orders and access to premises); and
      • any failure to perform or complete the services as a result of circumstances beyond our control will not constitute a breach of these Terms of Use.
  1. Privacy

Your use of this website and/or our products and services may involve the transmission to us of certain personal information (as that term is commonly defined under privacy laws and regulations). Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy available at www.abovethecollar.com.au/pages/privacy-policy

  1. No reliance
    • This website is not intended to provide any medical opinion, advice, diagnosis or treatment. All information found on the website is general in nature and is not intended to diagnose, treat, cure or prevent any injury, disease or other medical condition.
    • Always seek the guidance of your doctor and/or other qualified health professional with any questions you may have regarding your health or a medical condition.
    • To the fullest extent permitted by law, we do not give any express or implied warranties and makes no representations in relation to the accuracy, completeness or reliability of information on this website.
  2. Prices and GST
    • Prices on our website are:
      • in Australian Dollars;
      • exclusive of any applicable taxes, including GST;
      • exclusive of any shipping and delivery costs; and
      • are subject to change without notice in our sole discretion (which will apply to all future orders), unless expressly stated otherwise.
  • We reserve the right at any time to modify or discontinue all or part of our products and services notice at any time.
  1. Special offers
    • From time to time, we may make special offers available to you, such as discount codes. Such special offers may be subject to additional terms and conditions that we notify you of at the time of your receipt of the special offer, which may include timing, limitations on quantity and/or other conditions. Any such additional terms and conditions form part of these Terms of Use.
  2. Payments
    • Payment for all products and services must be by credit or debit card or any other payment method listed on our payment options page at www.abovethecollar.com.au/pages/payment-options or on the checkout page of the website. Your payment method will be billed as soon as your order is placed unless you have selected a shop now, pay later method supported by our website (eg Afterpay, Zip Pay).
    • All online debit/credit card transactions performed on the website are through third party secured payment gateways. All payment information is collected and stored by the third-party operators of the secured payment gateways, to be processed as required. We never permanently store complete debit/credit card details.
    • Complete debit/credit card details cannot be viewed by us or any outside party.
  3. Changes, cancellations, refunds and replacements
    • Your order is non-refundable, except as required by law, as set out in our returns page at www.abovethecollar.com.au/pages/returns and as set out in this clause.
    • We will provide a refund or replacement where we are required to do so by law. Where you contact us regarding a refund or replacement, we reserve the right to request photographs or other reasonable evidence from you of, or in relation to, any products and services in question.
  4. Risk and title
    • The products will be at your risk from the time of delivery to the delivery address specified by you.
    • Ownership of the products will pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
  5. Shipping and deliveries
    • When you place an order, you can select delivery or pickup. Where you select delivery, we will send any purchased products to you using third party freight and delivery companies (such as Australia Post and/or other courier services). If we make any representation in relation to time of delivery, such representation is an estimate only and, to the extent permitted by law, we are not liable to you for any delay in delivery. 
    • We are also not liable to you, to the extent permitted by law, in relation to any lost, incomplete or erroneous deliveries, including where you have failed to provide us with accurate details and/or failed to update your details (including your name, email and/or delivery address). Where you notify us of any delayed, lost, incomplete or erroneous deliveries, we will provide you with reasonable assistance as may be necessary.
    • To the extent these Terms of Use are inconsistent with any of the provisions of our shipping page at www.abovethecollar.com.au/pages/shipping-delivery these Terms of Use will prevail.
  6. Acceptable use

You must not:

  • copy, modify, or create derivative works based on the content available on the website;
  • infringe the intellectual property rights, privacy or confidentiality of any third party;
  • engage in any activity that may result in injury, death, property damage, and/or liability of any kind; or
  • post or transmit any unauthorised material, including material that is (in our opinion) offensive, inflammatory, defamatory, racist, obscene or threatening.
  1. Intellectual property rights
    • We own, or are the licensee of, the intellectual property rights in the content available on the website, including text, graphics, photographs, logos, icons, sound recordings and software. These Terms of Use do not transfer any intellectual property rights from us to you or any third parties. 
    • You must not (without our consent):
      • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the content or material downloaded from the website; or
      • use our name, logo, graphics, and logos which appear on the website.
  1. Third party products and linked websites
    • We may use third party products and services in our provision of this website and our products and services to you (Third Party Products). You acknowledge that: 
      • your use of, and access to, such Third Party Products may be subject to additional fees and separate terms issued by the supplier of such Third Party Products (Third Party Supplier), which will form a separate agreement between you and the relevant Third Party Supplier;
      • we make no representations or warranties in relation to, and do not accept liability for, any such Third Party Products; and
      • we may suspend your use of, or access to, the Third Party Products at any time, including on request from the Third Party Supplier.
    • The website and our products and services may contain links to third-party websites, products, and services. We do not make any representations or warranties in relation to, and we exclude all liability from, such third party websites, products and services.
  2. Warranties and Liability
    • Your use of our website and products and services is entirely at your own risk. None of the information and/or materials provided through our website and/or our products and services, or otherwise by us, is in the nature of advice. While we try and ensure that all details, descriptions and prices on the website are accurate, we are not liable for any errors that may occur. Information and/or materials provided through the products and services is general in nature and subject to change and we have no obligation to verify and/or update such information or materials.
    • We will not be responsible for any deficiency or delay in the performance of the services to the extent it is attributable to your breach of these Terms of Use.
    • We do not provide warranties of any kind in relation to the website, our products and services. To the fullest extent permitted by law, and except where otherwise set out in these Terms of Use:
      • we expressly disclaims all warranties, express or implied, of any kind with respect to the website and the products and services, including without limitation that the website will be uninterrupted or error-free or with regard to the results that may be obtained from the use of the website, or use of the information, content, service, or products provided through the website; and
      • we, our directors, officers, employees and representatives will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the website and/or our products and services.
    • To the extent permitted by law the website and our products and services and all third party content available to you through the website and our products and services are provided "as is" and "as available" for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for use and/or a particular purpose, guarantee of a particular result or outcome, title, and non-infringement.
  3. Data
    • You acknowledge and agree:
      • we may collect aggregated information about your activities, including web requests Internet Protocol (IP) addresses, browser types, referring/exit pages and URLs, number of clicks and how you interact with links on the website, domain names, landing pages and pages viewed; and
      • we may collect details of how you use the website, including search queries, the types of content you view or engage with or the frequency and duration of your activities.
  1. Maintenance

We may at any time and without notice, modify, suspend or terminate the operation of, or access to the website, or any part of, for any reason, to interrupt the operation of the website, or any part of, as necessary to perform maintenance, error correction or other changes.

  1. General
    • Nothing in these Terms of Use will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
    • These Terms of Use contain the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.
    • Any failure by us at any time to enforce these Terms of Use or any rights will not be a waiver of such rights or affect the validity of these Terms of Use.
    • If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.
    • These Terms of Use are governed by, and construed in accordance with, the laws of New South Wales, Australia and the courts of the jurisdiction will have exclusive jurisdiction over any dispute arising out of these Terms of Use.