TERMS AND CONDITIONS OF TRADE
To be applied in all transactions involving trade with Modi Hair
If you continue to browse & use this website you are agreeing to comply with and be bound by the following terms & conditions of use, which together with our privacy policy govern Modi Hair and its relationship with you in relation to this website. The term Modi Hair or or www.nanohair.com.au refers to the owner of the website. The term you refers to the user or viewer of our website.
While we have endeavoured to ensure the accuracy of information on the Website, we do not guarantee or give any warranty as to the accuracy, timeliness orcompleteness of any information or material on the Website. The Website and the Content or goods are provided “as is” without any warranties of any kind unlessspecifically stated. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you
The l Modi Hair goods and services are intended for world wide web. By registering for any l Modi Hair goods or services you warrant that you have the capacity tounderstand, agree to and comply with these terms and conditions. You must provide true, accurate and complete information in the registration process. As part of
the registration process, you will provide a username and password. You are responsible for keeping your password secure and for all activities occurring under your user name. We may refuse to grant you a username that we consider is inappropriate.
Modi Hair reserves the right to refuse any applications from potential Customer/s at the absolute discretion of luscious lox pty limited.
1.DEFINITIONS
“Customer/s” includes individuals, companies, wholesalers, retailers, buyers, selling agents and any party entity that acquires Goods or education, educational
video training from, technical support Modi Hair its agents or is distributed by them.
“Goods” “services” or “Products” means all goods or products anything sold or not sold but distributed or indirectly distributed by Modi Hair or its consultants and
2. ORDERS
2.1All orders must be received by Modi Hair electronically.
2.2 Orders will only be processed upon receipt by Luscious Lox from the customer of either PayPal, direct deposit into Luscious Lox’s nominated bank account or by
direct internet transfer.
2.3 In the event that the customer uses the goods in conjunction with any product which is not a Modi Hair product designed to be used with the goods, or Modi Hair has reason to believe this is occurring; Modi Hair may in its absolute discretion refuse to accept any further orders from the customer, and if that customer has a credit account with Modi Hair, may close that credit account.
2.4 The customer must ensure the end user of the product is provided with link of the instructions which form a part of the Modi Hair how to take care of your hair link.
http://nanohair.com.au/care-guide/
The customer acknowledges that failure to do so will constitute a breach of these Terms and Conditions of Trade by the customer.
2.5 Modi Hair, will endeavour to fulfil the customer’s orders and comply with the customer’s delivery instructions but shall not be liable to the customer if it is unable to
supply all or part of the goods ordered or for any delay in the delivery of the goods.
3. PRICES PAYMENTS AND ACCOUNTS
3.1 Prices for the purchase of Goods are those as set out in Modi Hair,’s relevant price list or website,
3.2 Payment will not be considered to have been received until payment amounts show as clear funds in Modi Hair, account.
3.3 The Customer is liable for all GST on the Goods (if in Australia).Customer is liable for their local import taxes.
- All financial and other information provided by the Customer to Modi Hair, must be fully accurate and up to date and the Customer acknowledges confirms and agreesthat Modi Hair, will rely upon all information provided to it. Modi Hair, is authorised to make all enquiries about the Customer in relation to their application for credit and their continued request for credit from time to time.
4.1 Modi Hair, has the right to set the amounts (default) of any products. You also understand that these amounts can be adjusted by you pre purchasingandshall be liable
for any incorrect purchases and agree to pay l Modi Hair, full payment.
4.2 In using the Modi Hair, Services you may give us personal information in respect of which you have certain rights. By accessing and/or using the Modi Hair, Services you
grant luscious lox consent to use your personal information.
4.3You acknowledge that Modi Hair, reserves the right to log off accounts that are inactive for an extended period of time.
4.4You understandWe will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can
accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device. We reserve the right to alter, suspend or
discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated, any new features including new content and/or the sale of new products and/or the release of new software tools or resources shall be subject to these terms and conditions.
4.5 Your use of this website signifies your consent to us collecting or you providing information about you and using as deemed relevant to our continued customer care and keeping our customers and clients informed and updated.
7. OWNERSHIP
7.1 Ownership in Goods supplied by Modi Hair, shall remain with Modi Hair, until the Customer has paid Modi Hair, in full the purchase price and any interest owed
for such Goods and all other sums whatsoever due to Modi Hair .
7.2 Pending payment theCustomer acknowledges that until ownership in and of the Goods passes to the Customer in accordance with this cause, the Customer holds the Goods or any such new product as created by the Customer using the Goods in a fiduciary capacity and, as a bailer of Luscious Lox
8. BREACH BY CUSTOMER
8.1 In the event that the Customer fails to make payment to Modi Hair, in accordance with these Terms and Conditions of Trade, or if the Customer is a company which
has made an application for and been granted a membership or account with Modi Hair, and commits any breach of the terms of the member application with Modi Hair then Luscious Lox may revoke the right of the Customer to sell, dispose of, or in any waydeal with or use the Goods, and request the Customer to stop use immediately any Goods or products in its possession or under its control directly to Modi Hair, or take possession of the Goods from the Customer in whatever manner it might think fit (without prejudice
to anyof its other rights or remedies).
8.2 The Website, including text, content, software, video, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material (“Content”)
is protected by copyrights, trademarks and/or other proprietary rights. The Content includes both content owned or controlled by l Modi Hair, and content owned or controlled by third
parties and licensed to us. Content and other elements making up the Website may be copyright works. You acquire no rights or licenses in or to the Website and/or the Content other than the limited right to use the Website in accordance with these terms and conditions and to download no more than one copy of the Website for your personal, non-commercial use.
8.3 l Modi Hair, reserves the rights to terminate or restrict your access and completely cease relations or trading with you to the Website at any time without notice for any reason whatsoever.
8.4 you understand that you would not do anything that would give rise to criminal or civil liability for either yourself or Modi Hair,
8.5 harvest or collect email addresses or other personal information;
8.7 impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
8.8 or upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications
8.9 You acknowledge that Modi Hair, may, in its sole discretion and with or without notice:
A: vary the site or any part of the Modi Hair, Site and
B. modify or discontinue the Modi Hair, or any part of them.
9. DELIVERY AND RISK
9.1 Anyand all risk in the Goods shall pass to the Customer and the Customer shall carry the responsibility for any loss arising from damage to the goods to which Modi Hair, retains title
howsoever caused, effective from:
9.1.1 When Modi Hair, delivers the goods, from such time as the Goods arrive at the agreed delivery address as designated by the Customer; or
9.1.2 Where the Customer otherwise takes possession or causes another (whether employee, contractor or independent carrier) to take possession of the Goods, then as from the time the
goods leave the custody of Modi Hair,.
9.2 Modi Hair, reserves the right to make part deliveries of any order and each part delivery shall constitute a separate contract.
9.3 Modi Hair, will not be liable for any losses of any kind or any delay in supplying the goods which are caused whole or in part by force majeure or any other cause beyond its reasonable
control.
9.4 I understand if any luscious lox terms and conditions are altered, changed or miss used at anytime Modi Hair, will not be held responsible.
9.5Iunderstand not to commit to any Modi Hair, services in for any lusciouslox service without having received to goods.
9.6 You agree to indemnify, defend, and hold us harmless from and against any claims, actions, demands or other proceedings brought against us by a third party, to the extent that such
claim, suit, action or other proceeding brought against us is based on or arises in connection with your use of the Website or goods, any breach by you of these terms and conditions or a
claim that your use of the Website and goods infringes any intellectual property rights of any third party or is libellous or defamatory, or otherwise results in injury or damage to any third party
9.7Neither Modi Hair, or its associated companies or agents can accept any responsibility for death or injuries caused by any information or products contained or provided by the website
or Modi Hair, All information is provided in good faith.
9.8The Modi Hair, Sites may contain links to other websites. Modi Hair, is not responsible for any content found on a third party page, or any site of which it forms a part. You must
determine whether any page is part of the luscious lox Sites each time you follow a link to that page. The selection or omission of links is not intended to endorse any particular companies or products
9.9 in any case the customer is liable for receiving the goods, all registered customers are aware that they might be responsible for providing a signature to receive the goods.
10. I also understand that i must practice Modi Hair, installation and be able to use this system correctly prior to applying onto an end consumer.
10.1 i also understand during practice or training that i will be held responsible or liable for any losses of any kind or damages of any kind.
10. RETURNS
10.1 Any return of the Goods must occur within fourteen (14) days of receipt by the Customer of the goods. In the event of the Customer failing to return the goods within this time period the
Customer shall be liable for the full price of the Goods at the absolute discretion of Luscious Lox. Also all Modi Hair, products e.g. Hair, pliers etc., if faulty must all be sent back to Modi Hair, within 14
days for examination. Simply
wash 1 packet from your total order to examine the quality. If unsure do not use the product.
All refunds and replacements are to be made at the discretion of luscious lox.
10.2 Modi Hair, reserves the right to replace any faulty goods, and the Customer agrees to give Luscious Lox the opportunity to provide a replacement. All good must be inspected by Modi Hair,
before returns are granted to be replaced.
10.3 Returns for anyother reason than inherent fault will only be accepted at the sole discretion of Modi Hair,.
10.4 Modi Hair, services should only be performed by Modi Hair, operator.
10.5I also understand that l Modi Hair, will not refund the good due to change of mind unless lusciouslox agrees.
10.5 In any event that a return may may take place under the sole discretion of Modi Hair, , its understood that the cost will be covered by the account holder
NOTICE: Federal law prohibits the return of human hair products that have been used and that includes “trying them on”.
Please inspect your extensions thoroughly for colour, quality and texture before wearing them or trying them on or using them.
Used extensions can not be returned for refund or exchange (no exceptions).
Please read the return policy thoroughly before making your purchase. You may not comb, brush, wash, dye, curl, braid, spray, wear, or treat the hair in any way for us to consider a return.
11. ACQUIESCENCE
Release, waiver or acquiescence by Modi Hair, of any one or more of these conditions shall not be deemed to be a permanent variation of that condition
, nor shall it affect any other condition as contained in these Terms and Conditions of Trade
.Performance
Modi Hair, takes no responsibility for failure of users to have the correct hardware to use this site. All users should read the hardware requirements prior to joining or buying online courses. Users will require
a PC or MAC based computer with Windows XP, Vista OR MAC OSX or later. An internet connection is also required as well as the ability to listen to sound through the computer (Sound Card). Modi Hair,
cannot be held liable for charges relating to users phone costs during any Modi Hair,. Please check with your internet provider prior to purchasing a course if this is of concern to you.
11.1 Similarly, Modi Hair, cannot take any responsibility for the failure of users hardware or inadvertent internet connection loss/quality deterioration during any online activities or events. It is up to the user to ensure adequate internet connection (recommended Broadband at a minimum speed of 256/64) with their own ISP. Modi Hair, does not control, monitor or regulate users’ connections to the internet. It is also
up to the user to ensure they have adequate UPLOAD/DOWNLOAD quota available through their ISP. Modi Hair, cannot be held responsible for breaching download/upload limits. Users must responsibly
monitor their OWN ISP determined limit.
11.2 Modi Hair, requires some information to be downloaded from our site. In the example of a Modi Hair, courses could average ONE HOUR class and could uses approximately 5-7kilobytes per second of use, which equates to 5 – 10 megabytes total. Modi Hair, courses utilizes streaming of video content equating to large downloads – please check your download quota from your ISP and your download
speeds to ensure you have sufficient quality for viewing. Modi Hair, takes no responsibility for download speed issues or download quota issues relating to individual users.
11.3 Modi Hair, courses may not be held liable for any information obtained from this site and used clinically. It is solely the responsibility of the person viewing or participating in this content for how this
information is used in a clinical or professional environment.
11.4 Modi Hair, reserves the right to send non-members and members emails/promotional material relating to events, past and in the future.
12. EXCLUSIONS AND WARRANTIE
12.1 No failure or delay on the part of either of the parties to enforce at any time any of the provisions of these Terms and Conditions of Trade shall be construed as a waiver of that right under these Terms and
Conditions of Trade.
12.2 If any term, clause or provision of these Terms and Conditions of Trade or part thereof shall be or be deemed or judged to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or
unenforceability shall not affect the validity or operation of any other term, cause or provision of these Terms, except to the extent necessary to give effect to such invalidity.
12.3 The Customer indemnifies Modi Hair, against all costs and losses from claims from third parties arising for any reason whatsoever as a result of the Customer’s resupply, use or misuse of the Goods.
12.4 To the maximum extentpermissible by law, Luscious Lox, its employees, contractors and agents, will not be liable to the Customer or any other person for loss or damage of any kind however that loss or damage is caused or arises save that in the event of a breach by Modi Hair, of-
12.4.1 Any warranties or terms implied into this agreement by legislation (such as the Trade Practices Act, 1974); and/or
12.4.2 Any breach of contract, tort or otherwise in respect of the Goods or the supply of the Goods; then Modi Hair, liability shall be limited to the amount of the purchase price paid by the Customer to Modi Hair, or the Goods.
12.5 The Goods supplied under this agreement are supplied for the purpose of the Customer’s business and the statutory guarantees implied by the Goods Act, 1958 as between Modi Hair, and the Customer are hereby excluded.
12.6 Modi Hair, may at any time terminate distribution at their discretion to their customers and will not be held responsible for any loss or damage incurred.
13. PRIVACY ACT, 1998 (COMMONWEALTH)
The Customer for the purposes of the Privacy Act 1998 authorises Modi Hair, to use any personal information supplied to Luscious Lox for credit or payment, administration, service and marketing purposes.
TheCustomer has a right of access to, and to ask for correction of any personal information held by Modi Hair,. The Customer authorises any person or company to provide Modi Hair, with such information
asit may require in response to credit and/or other enquiries. The Customer further authorises Modi Hair, to furnish to any third party details of the Customer’s application and any subsequent dealings that the Customer mayhave with the Customer’s application being auctioned and in relation to any account the Customer may have with Modi Hair,.
- INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
The Resources and Services, goods, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the Resources or Services may violate such laws and the Terms and Conditions of Use. Except as expressly provided herein, Modi Hair, and its suppliers or agents/ distributors do not grant any express or implied rights to use the Resources and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent,
lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or goods, Resources or Services, any portions of the Site, Resources or Services or the selection and arrangement of the Site, Resources or Services, except as expressly authorized in writing. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Resources.
The trademarks, logos and service marks displayed on this Site are the property of Modi Hair, Pty Ltd. You are not permitted to use the trademarks, logos or service marks without the prior consent of Modi Hair,
15 .GOVERNING LAW
Use of the lusciouslox Services are at your own risk. All express or implied warranties, representations, statements, terms and conditions relating to your access and/or use of the lusciouslox Services, or any information, goods or content available from the lusciouslox Sites, are excluded from these terms and conditions to the fullest extent permitted by law. Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include part v of the Trade Practices Act 1974 (Cth), and corresponding provisions of State or Territory legislation, which contain provisions including implied terms and warranties that operate to protect the purchasers of goods and services in various circumstances.
15.1 Unless otherwise specified, the materials published on our web site are presented solely for your private, personal and non-commercial use. We have used our reasonable endeavours to ensure that our web site complies
with Australian law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside of Australia. We make no warranties, express or implied that making the products available in any particular jurisdiction outside of Australia is permitted under any applicable non-Australian laws or regulations. Accordingly, if making the products or any part thereof available in your jurisdiction or to you (by reason
of nationality, residence or otherwise) is prohibited, those products are not offered for sale to you. You accept that if you are resident outside of Australia, you must satisfy yourself that you are lawfully able to purchase the products. We
accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the products by persons in jurisdictions outside of Australia or who are
nominees of or trustees for citizens, residents or nationals of other countries
16. The use of this website is subject to the following terms of use:
16.1All material presented on this website is considered intellectual property. It remains the sole property of the 3rd party provider who is contracted by Modi Hair, o deliver it OR Modi Hair, itself.
16.2All content is Trademark & Copyright Protected by Modi Hair, & its affiliated where necessary. Any use of material either on or from this website without the strict written consent of the Modi Hair, is considered
a breach of Copyright &/or Trademark Law. Any downloading of, sharing, distributing in any form is strictly prohibited. Reproduction of any photographs, animation, video or slides without the express written consent of lusciouslox is
strictly prohibited
16.3Use of Modi Hair, website requires signing in and agreeing to the Terms & Conditions. Non Members will not required to sign up to the site; members WILL NOT BE CHARGED a fee for signing up but are bound in entirety by these terms
and conditions.
MEMBERSHIP ENTITLEMENTS
professional -
All full paying or approved member is entitled to unrestricted and unlimited access to the Modi Hair, website. This access includes, but is not restricted to:
- Full use of the shopping cart and prices including MEMBER DISCOUNTS (when available).
- Access Modi Hair, support page (applies only to constant active accounts or members).
(To remain active you must spend with lusciouslox periodically
To reactivate a lapsed membership you need to purchase goods).
- Access to Modi Hair, education products
- Updates or emails on specials or member discounts, and will not be considered as spam.
MEMBERSHIP ENTITLEMENTS
End consumer –
Non Members after logging in are restricted to the following activities:
- Viewing a selection of limited previews of products sold. With no access to prices uless Modi Hair, approves the viewing of pricesIt is the resposiblity of the aplicant to insure that they comply with their states laws to use the Modi Hair, products.
Modi Hair, reserves its right to
Aprove or disaprove any aplications under these term and conditions ,disable &/or remove the account without notice of any person seen to be breaching any of the Terms & Conditions .
I also understand that these terms amd conditions apply to all l Modi Hair, orders of type or form. for example: over the phone or web and in person once this i agree on these terms.
i also understand that in order to get an account and purchase l Modi Hair, goods and services i must agree to these term and conditions.
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