Should you not agree with any of these terms and conditions, please do not use our website.
PLEASE NOTE: THIS DOCUMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND RAPUNZEL FOR HAIR. YOU SHOULD READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO USE THE SERVICES OFFERED BY RAPUNZEL FOR HAIR.
BY CLICKING ON THE “PLACE ORDER” BUTTON YOU, THE USER, AGREES TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET OUT HEREIN.
FURTHER, YOU AGREE TO THE JURISDICTION OF THE ELECTRONIC TRANSACTIONS ACT 2011 (WA).
The term ‘Rapunzel for Hair’ or ‘us’ or ‘our’ or ‘we’ refers to Rapunzel for Hair, the owner of the website
All references to The term “you”, “the user”, “user”, “service user”, “your”, “client”, “customer” “the buyer”, your’ refers to the website user& are interchangeable and where the Service is used by an entity other than a natural person such as a Company or other incorporated entity, regardless of jurisdiction of incorporation, such entity will be referred to by these terms also.
Your use of this website is subject to the following terms and conditions:
1. The content of this website is for your general information and use only. It is subject to change without prior notice.
General Disclaimer of Warranties
1.1. The user agrees and hereby expressly acknowledges that your use of the Service and or any Rapunzel for Hair product is provided “as available” and “as is” without any warranties or conditions whatsoever, express or implied other than those provided for in this agreement.
1.2. Rapunzel for Hair does not warrant or represent that the Service, its documentation or network is free of errors; and, that any such errors whatsoever that may be identified will be corrected; however, as a matter of policy Rapunzel for Hair will make efforts. at its convenience. to rectify any such errors once identified within a reasonable time.
1.3. Rapunzel for Hair does not guarantee, warrant or make any representation whatsoever regarding the uptime, connectivity, speed or general availability of its website or network, or that the Service will in any way meet your requirements or expectations.
1.4. Specifically, d Rapunzel for Hair does not guarantee, warrant or make any representation with respect to the compatibility, quality or continuity of any Third Party internet service provider’s, telecommunication networks, information systems, networks or intranets; including, the operability, reliability or functionality of Rapunzel for Hair’s or any associated third party’s systems.
SSL – Secure Sockets Layer, is the leading security protocol on the Internet. It is widely used and does two primary things: 1) it validates the identity of a Website; and 2) it creates an encrypted connection for sending credit card and other personal data. You will note a lock icon at the top or bottom of your browser. If the lock is closed, you are on a secure SSL or TLS connection.
1.6 The user understands that if, for any reason, there is a failure or breach of the security of the Service or network, or as a result of errors in the Service or Rapunzel for Hair ’s network you release Rapunzel for Hair from any liability for loss or damage caused by or resulting from any failure or breach of security or from errors in the Service or Rapunzel for Hair’s network.
1.7 Rapunzel for Hair gives no warranty either expressly or impliedly, whether by statute, under common law, trade usage, course of dealing, custom or otherwise; including, without limitation, any warranty of merchantability, quality or fitness for purpose. All conditions, warranties and representations, regarding Rapunzel for Hair’s Service are intended to be excluded to the fullest extent permitted by law.
Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
Disclaimer of Liability
2.1. The user is solely responsible for the use and or accuracy of your data.
2.2 Rapunzel for Hair shall not, under any circumstances whatsoever, have or bear any liability of any kind or nature whatsoever for the use and or accuracy of your data;
including the use of your data by any person or entity you may have granted access to either intentionally or inadvertently; or for the use of your data by any person or entity who may have gained access to your data through an error in the Service, a failure or breach of security of the Service or Rapunzel for Hair ’s network.
2.3. Under no circumstance whatsoever shall Rapunzel for Hair have or bear any liability or responsibility for the failure of any other entity or institution to maintain the accuracy or integrity of their respective data files including, but not limited to, those data files which contain any template, form or other content which any other entity or institution may provide access to you through the Service.
2.4. In the event that the user suspects that there is an error or defect in the Service, the user must immediately inform Rapunzel for Hair.
3 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
General Provisions, Term and Termination
3.1. The provisions contained on this website enabling you the user to use the Service is an invitation to treat and not a unilateral offer, acceptance is, therefore not intended to be dispensed with. This Agreement shall be in effect the moment Rapunzel for Hair accepts your offer to enter into it. Such acceptance is deemed to have occurred by you clicking on the ‘PLACE ORDER’ button. This Agreement shall continue in effect and full force for as long as you remain in compliance with ‘terms and conditions of use’ of the Service unless terminated for any reason under the terms of this Agreement.
3.2. This Agreement shall constitute the ‘entire agreement’ between the user and Rapunzel for Hair .
3.3. No provision of this Agreement may be waived, modified or terminated unless provided in writing and signed by both parties to this Agreement or pursuant to Rapunzel for Hair posting updated terms as described herein.
3.4 The user shall not assign any of their rights or obligations under this Agreement without obtaining the prior written consent of Rapunzel for Hair.
3.5 Rapunzel for Hair reserves the right to assign or transfer all or any portion of this Agreement to another party. However, Rapunzel for Hair warrants that any assignee or transferee will agree to be bound by the terms and conditions as set out in this Agreement as a condition precedent to any such assignment or transfer.
3.6 This Agreement shall be governed and interpreted by the laws of the state of Western Australia, Australia.
3.7. Having regard to the foregoing, the user acknowledges that Rapunzel for Hair may seek specific performance, injunctive, or other equitable relief in any court of competent jurisdiction in order to protect its Copyrights, Trade Marks and other Intellectual Property and you hereby agree to submit personally to the jurisdiction of any such court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
3.8. Rapunzel for Hair shall not be responsible or in any way liable for any damages caused to you by reason of a Force Majeure (an unexpected or uncontrollable event), including but not limited to, war, terrorism, a government action, riot, labour or union dispute or strike, fire, flood, storm, natural catastrophe, accident, theft or a shortage of energy supplies, a disruption in internet connectivity or any other cause that is beyond the reasonable control of Rapunzel for Hair.
3.9. If any part of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that part may be severed from the Agreement. However, the remainder of this Agreement shall be interpreted so as to reasonably give effect to the intention of the parties.
3.10. Any failure by either party to this Agreement to exercise, nor delay in exercising, any right or remedy, provided for herein or otherwise, shall operate as a waiver thereof.
3.11 The individual clauses provided for under each heading in this Agreement shall survive the expiration or termination of this agreement as a whole, for any reason whatsoever.
3.12. This Agreement and any other relevant agreements, notices or communications provided to you by Rapunzel for Hair and its suppliers regarding use of the Service by you, may be provided to you electronically and you agree that such communications may be in electronic form in accordance with the Western Australian Electronic Transactions Act 2011. Electronic communications may be delivered to any email address you provide for such purpose; additionally, such communications may be posted on Rapunzel for Hair’s website. Rapunzel for Hair retains the right to print and retain hard copies of such communications, and accordingly, Rapunzel for Hair strongly recommends that you print and retain hard copies of any such communications including this Agreement.
6.1. All of the Content included on this website is the intellectual property of Rapunzel for Hair and its content suppliers, unless otherwise accredited, and is therefore protected under the Commonwealth of Australia Copyright Act 1968; and, under both customary and treaty international Copyright laws. The compilation of all Content on this website including the design, website layout, and concept is the exclusive property of Rapunzel for Hair and its content suppliers and is also protected under the Commonwealth of Australia Copyright Act 1968; and, under both customary and treaty international Copyright laws.
All of the software used on this site is the property of Rapunzel for Hair and/or its software suppliers and is also protected under the Commonwealth of Australia Copyright Act 1968; and, under both customary and treaty International Copyright laws.
6.2. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
7 Trade Mark Information
7.1. Rapunzel for Hair’s Trade Marks and service marks including but not limited to its word marks, logos and composite marks are the exclusive intellectual property of Rapunzel for Hair. Such “marks” are subject to the protection of the laws of Australia and, both customary and treaty-based International Trade Mark Law.
7.2. Rapunzel for Hair will enforce its rights over its Trade Marks.
7.3. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
8 Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
9 This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
10 Your use of this website and any dispute arising out of your use of it is subject to the laws of Western Australia.
11 You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
12 These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
13 These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
14 You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
Limitation of Liability
14.1. Under no circumstances including, but not limited to, negligence, will Rapunzel for Hair, its owners, executives, agents, employees or affiliates be liable to you or any third party for any loss whether actual, nominal, notional or any other form of loss, including a loss of chance which may result in damages, of any kind, including but not limited to indirect, incidental, special, consequential, punitive or exemplary damages, which arises out of the use and or inability to use the Service or resulting from any breach of security, Service failure, interruptions, mistakes, omissions, deletions or loss of data or files, defects, errors, delays in performance or operation of the Service, regardless of the cause, including but not limited to, acts of god, theft, destruction, communication failure or unauthorised access to Rapunzel for Hair’s network, Services or programs, or for any claim by any other party, such limitation will remain effective even in the event that the Rapunzel for Hair has been made aware of the possibility of such damages.
14.2. To the extent that Rapunzel for Hair ’s liability under this agreement cannot be limited or excluded by statute or under common law, said liability shall be limited to the replacement of any deficient merchandise or the correction of any deficiency therein at the sole discretion of the Rapunzel for Hair.
15 In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
16 General Policy
Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control
16.1. It is the customer’s responsibility to ensure that all contact details are correct and that you use accurate spelling. Incorrect addresses entered at time of checkout resulting in failed delivery or Return To Sender will be subject to re-shipping fees.
16.2. Rapunzel for Hair does not warrant by acceptance of your information that it is correct, this responsibility rests with the user.
16.3. In the event that the customer believes that a payment was made either mistakenly or improperly, Rapunzel for Hair may, at its discretion, void, rescind or issue a credit for your merchandise payment.
16.4. Please note, this document must be read in conjunction with the Terms and Conditions of use document located at www.rapunzehair.com.au