WE ARE
Hair Care Foundation Pty Ltd, an Australian registered company (ACN 082 509 180) T/as Activance.
OUR ADDRESS IS
488 Victoria Street North Melbourne Victoria 3051 Australia.
YOU ARE
A visitor to Our Website / our customer.
THE TERMS AND CONDITIONS
Definitions In this agreement:
"Carrier" means any person or business contracted by us to carry Goods from us to you.
"Content" means any content in any form published on our website by us or any third party with our consent.
"Goods" means any of the goods we offer for sale on our website, or, if the context requires, goods we sell to you.
"Our Website" means any website of ours, and includes all web pages controlled by us.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to our website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation. These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
These terms and conditions apply in any event to you as a buyer or prospective buyer.
This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other terms not forming part of this agreement.
If you use our website in any way and make an order on behalf of another person, you warrant that you have full authority to do so, and you accept personal responsibility for every act or omission by you.
We do not guarantee that Goods advertised on our website are available. We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order Goods.
The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
We reserve the right at our sole discretion to accept, refuse, or cancel an order for any reason.
Some situations that may lead to the cancellation of an order include the need for additional verification of information, international regulations, problems identified by our merchant partner, we do not have the Goods in stock, etc.
If we do not have all of the Goods you order in stock, we will advise you of the time frame required to complete the delivery, and we may offer you alternatives. If this happens, you may accept the alternatives we offer or cancel all or part of your order.
We reserve the right to change any price at which we offer our products or services and to correct any errors in pricing contained on our website.
While we fully honour all of our commitments, Activance shall have no liability for any such changes and/or errors, and we are not bound to fulfil orders at outdated or erroneous prices.
All other charges relating to payment in a currency other than the Australian dollar will be borne by you.
The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay. By entering credit card details, you agree to the additional shipping charge being added to your order.
If we owe you money for any reason, we will credit your credit or debit card as soon as reasonably practicable, but in any event, no later than ten days from the date when we accept that repayment is due.
Card payments are not processed through pages controlled by us. We use Paypal and Eway (secure payment gateway service provider) who will encrypt your card or bank account details in a secure environment.
Every reasonable step is taken regarding the accuracy of product information and prices on the activance.com.au website at the time displayed. We do not, however, take any liability for any errors in pricing and description and availability of, or any discounts, offers, and promotions relating to any product or service available on our website. Furthermore, due to the dynamic nature of online shopping, all information regarding such matters is subject to change without notice.
You agree that the sole and exclusive maximum liability to activance.com.au as a result of any product sold on the site will be the price of the Goods ordered. Under no circumstances shall Hair Care Foundation Pty Ltd, its directors, officers, employees, or agents be liable for special, direct, indirect, incidental, consequential, or punitive damages in relation to a product sold. Hair Care Foundation Pty Ltd makes no warranties that files/data from the website or the server transmitting information to you will be free of viruses, infection, or other destructive components.
Furthermore, we do not warrant that access to this website will be uninterrupted or error-free.
All the conditions, warranties, or other terms implied by the law of any county other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
You may download material from Our Website solely for your personal, non-commercial use, providing it is agreed you do not change or delete any proprietary notices.
Content from Our Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, exploited in any way, or licensed, to any other person or incorporated into any other website without obtaining prior written consent from Hair Care Foundation Pty Ltd.
Where we provide Goods without specific charge to you, then it (or they) is deemed to be provided free of charge and not to be associated with any other Goods for which a payment is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. These terms and conditions are governed by the laws of Victoria Australia. If any provision is deemed unlawful, void, or unenforceable, then that shall not affect the remainder. You and we both agree any disputes arising out of this agreement will be dealt with in a court located in Melbourne, Victoria, Australia.
This agreement does not give any right to any third party.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
Activance Privacy Policy
PRIVACY POLICY: activance.com
Effective date: 01/04/2020
This privacy policy (hereinafter "Privacy Policy") deals with the protection of Your privacy while You use Our website which is hereinafter referred to as 'The Product' and which is located at: actvicance.com.
The Product is owned and operated by: ActivanceWe are committed to the protection of Your privacy while You use the Product.
This privacy Policy only applies to the Product. The Product may contain links to other websites or applications, but if that is the case, the Privacy Policy does not apply to any of those linked websites or applications.
We gather certain information from users of the Product, so this Privacy Policy explains what information we collect, how we use it, and your rights in relation to it.
By continuing to use the Product You acknowledge that You have had the chance to review and consider this Privacy Policy, and acknowledge that You agree to it. This means that You also consent to the use of Your information and the method of disclosure as described in this Privacy Policy. If you do not understand the Privacy Policy or do not agree to it, then please do not use the Product.
DEFINITIONS
"Company IP" includes, but is not limited to, the contents layout, design, colours, appearance, graphics and imagery of the website, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product Content and Materials.
"Content" means any content, writing, images, audiovisual content or other information published on the Product.
"Effective Date" means the date that this Privacy Policy comes into force.
"Goods" means any or all goods provided by or on the Product.
"Items" means any and all of th eProducts, Goods, services, Content and Materials collectively.
"Materials" means any materials, information or documentation that We may provide to You in connection with Your use of the Goods or Services or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of the Goods or Services or Product."Parties" means both You (the user of the Product) and Us (the owner of the Product) collectively.
"Personal Information" means information that we obtain from You in connection with Your use of the Product.
"Privacy Policy" means this privacy policy.
"Product" means the website including all pages, all sub pages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at: activance.com.
"Services" means any or all services provided by or on the Product.
"Third Party Links" means links or references to websites other than the Website, to content other than the Content or to materials other than the Materials, none of which are controlled by Us.
"Us", "We", "Our" or "the Owner" refers to Activance.
"Us", "We", "Our" or "the Owner" also includes any employees, affiliates, agents or other representatives of Activance.
"You" or "Your" refers to the user of the Website.
"Your Content" means any Content posted to or added to the Website, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.
INTERPRETATION
a. In this Privacy Policy, unless the context otherwise requires, the following rules of interpretation shall apply:
I. Words referring to one gender include every other gender.
II. Words referring to a singular number include the plural, and words referring to a plural include the singular.
III. Words referring to a person or persons include companies, firms corporations, organisations and vice versa.
IV. Headings and titles are included in this Privacy Policy for convenience only and shall not affect the interpretation of this Privacy Policy.
V. Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Privacy Policy and the events contemplated by it.
VI. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
TYPES OF INFORMATION AND HOW IT IS COLLECTED
a. When You use the Product, We may collect information from You through automatic tracking systems (such as information about your browsing preferences).
b. In addition, We may collect information that You volunteer to Us (such as information that You provide during a sign up process or at other times while using the Product).
c. In order to access all of the features of the Product, You are required to register as a user. During the registration process, We collect some of Your Personal Information, in the following manner:
I. We will not collect information that identifies You personally, except when You specifically volunteer that information to Us.
III. By undergoing the registration process You consent to Us collecting Your Personal Information, including the Personal Information described in the clause. You also consent to Us collecting any other Personal Information as well as storing, using or disclosing Your Personal Information in accordance with this Privacy Policy.
d. In order to access some specific features of the Product, You are required to provide some Personal Information. During this process, WE collect some of Your Personal Information, in the following manner:
I. We will not collect information that identifies You personally, except when You specifically volunteer that information to Us when using specific Product features. These specific Product features might include, but are not limited to:
A. making purchases
B. receiving notificaitons by text message or email about events and promotions
C receiving general emails from Us
D. commenting on Our content such as blogs, reviews, articles, photographs or videos, or participating in Our forums, bulletin boards, chat rooms or other similar features.
II. In addition to any Personal Information that You are required to provide in order t access these additional Product features, in some cases You may be required to provide more specific information. For example, in order to make purchases, You may need to provide credit card information, billing information and postal address.
e. From time to time We may request information from You to assist Us in improving our Product, Goods, services, Content or Materials.
COOKIES
Most internet browsers accept cookies automatically, although You are able to change Your browser settings to control cookies, including whether or not You accept them, and how to remove them. You may also be able to set Your browser to advise You if You receive a cookie, or to block or delete cookies.
HOW YOUR INFORMATION IS STORED
a. Please not ethat no systems involving the transmission of information via the internet, or the electronic storage of data, are completely secure. However, we take the protection and storage of Your Personal Information very seriously. We take all reasonable steps t protect Your Personal Information,
b. We use appropriate physical, digital, managerial and security systems to store Your Personal Information and to protect it against unauthorised access, destruction or disclosure.
HOW YOUR INFORMATION IS USED
a. We use Your Personal Information to help us improve your experience with Our Product. We may use Your Personal Information for purposes including but not limited to:
I. order fulfilment
II. providing customer service to You
III. marketing and advertising to You including both direct and indirect marketing and advertising and including marketing and advertising about products that may interest You based on Your personal preferences or demographics.
IV. advising You about updates to the Product or related Items.
V. market research, product development.
INFORMATION YOU RELEASE
You acknowledge and agree that if You publish or submit Personal Information in publicly accessible sections of the Product (such as reviews or other similar sections), then You are solely responsible for the release of that Personal Information, and We are not liable or responsible in relation to the release of that Personal Information.
EMAIL OPT IN/OUT
If you receive an email from Us in relation to the Product and would prefer not to receive such correspondence in the future, You may follow the instructions in the email to opt-out of future correspondence. You may also contact Us, using the details at the bottom of this Privacy Policy, in order to opt-out of future correspondence. We will make all reasonable efforts to promptly comply with Your request. However, You may receive subsequent correspondence from Us while Your request is being handled.
ACCESSING, UPDATING AND CORRECTING YOUR PERSONAL INFORMATION
a. You have the right to request access to any of Your Personal Information which We are holding.
b. You have the right to request that any of Your Personal Information which We are holding be updated or corrected.
c. In order to request access, an update or a correction to Your Personal Information, you may contact us using the details at the end of this Privacy Policy.
CHANGES TO THIS POLICY
a. We may make changes to this Privacy Policy at Our sole discretion and at any time.
b. Your continued use of the Product after any changes to Our Privacy Policy confirms that You acknowledge, accept and agree to those changes.
COMPLAINTS
We take customer satisfaction seriously.
All complaints should be provided in writing either by email or regular mail, using the contact details at the end of this Privacy Policy.
CONTACT US
Please contact us concerning this Privacy Policy:
office@activance.com.au
488 Victoria Street, North Melbourne
Melbourne
Victoria 3051
+61 3 9326 8844