TERMS AND CONDITIONS
This website is owned and provided by Hair By Science Ltd (ABN 18611058112) (hereinafter referred to as ‘Hair By Science’).
Access to this website
Information on this website
This website is intended to provide information to Australian and New Zealand users and complies with the laws and regulations of New South Wales and the Commonwealth of Australia. Hair By Science reserves the right to limit or refuse the supply of products to any person, geographic region or jurisdiction. If a product is prohibited in any jurisdiction, the product offered shall not be offered in that jurisdiction.
Nothing in this website should be interpreted as promoting any product that is not authorised under the laws and regulations of New South Wales and the Commonwealth of Australia or the country where you are located. If advice or recommendations are given, these should be understood as non-binding.
Restrictions on Use
You agree that you will:
- use this website in accordance with these terms and conditions and will not use this website for any unlawful purpose;
- only use this website for your personal and non-commercial use; and
- not violate or attempt to violate the security of the website, nor violate any right of Hair By Science.
Your use of this website does not constitute a binding agreement to purchase Hair By Science’s products and services. In addition to these terms and conditions, specific conditions may apply to some of the products which Hair By Science supplies. These will be brought to your attention at the time Hair By Science supplies the particular products to you.
All intellectual property rights in any material or content displayed on this website, including, without limitation, trademarks, logos and trade names, belong to Hair By Science, its affiliates, or licensors, and are used with Hair By Science’s permission. This applies to all trademarks displayed on this website, whether or not appearing with the trademark symbol (™). Nothing on this website should be construed as granting any right or licence to use any trademark displayed on this website without the prior written permission of Hair By Science, its affiliates or licensors.
All text, advertising material, images, graphics, audio and other content on this website are copyright and are presented solely for your personal and non-commercial use. Other than viewing and downloading content from the website for such purposes, you do not have the right to duplicate, distribute, alter or use alternatively, these intellectual property rights without Hair By Science’s written permission.
Any third party reference to any website of Hair By Science via hyperlink is only permitted with the prior approval of Hair By Science. Hair By Science makes no representations or warranties regarding any content published by third parties referring, by hyperlink, to Hair By Science’s websites.
For the convenience of visitors to this website, Hair By Science may provide hyperlinks to other websites. By providing such hyperlinks, Hair By Science in no way represents that it has approved the content of those websites, and is neither responsible for the content of such websites nor liable for any damage or injury resulting from reliance on such content.
Forward Looking Statements
This website may include forward-looking statements. These statements are based on the reasonable beliefs of Hair By Science’s management as well as assumptions made by and information currently available to Hair By Science. Many factors that Hair By Science is unable to predict with accuracy could cause Hair By Science’s actual results, performance or achievements to be materially different from those that may be expressed or implied by such forward-looking statements. These factors include: the ability of Hair By Science to launch new products, regulatory requirements, the sales and marketing methods used by Hair By Science to distribute its products, and the composition of Hair By Science’ sproduct portfolio.
Warranties and Representations
Hair By Science’s website and the information, names, images, pictures, logos and icons relating to it and its products, are provided “as is” and on an “is available” basis.
Hair By Science makes no warranties or representations as to:
- the continued availability of this website;
- the accuracy, reliability or completeness of its contents;
- the currency of the content of the website;
- the results that can be gained from the use of Hair By Science ‘s products; and
- the safety of the website or the server from computer viruses or malicious bugs.
Except for any implied condition, warranty, representation, or consumer guarantee, the exclusion of which would contravene any statute or cause this provision to be void (non-excludable condition), and to the extent permitted by law, Hair By Science makes no express or implied warranties to you and expressly excludes all warranties, representations, conditions, terms and guarantees implied by statute, general law, international convention or custom, including, without limitation, any and all implied warranties with respect to acceptable quality, fitness for disclosed purpose, title and non-infringement.
Nothing contained in this website shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trademark or copyright of Hair By Science or any other third party.
You may transmit or submit on this website, your own personal comments, videos, photos and testimonials of product usage as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, injurious to third parties or otherwise objectionable and does not consist of or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You must not submit a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
Hair By Science may monitor or review all communications and materials created and transmitted or submitted by users accessing this website. In addition, Hair By Science has sole discretion on whether to upload the submitted content onto its website for public viewing.
Whilst it is not in any way responsible for the content of these communications and materials, Hair By Science reserves the right to block or remove communications or materials that it determines are:
- abusive, defamatory, or obscene;
- false, misleading or deceptive;
- in violation of a copyright, trademark or other intellectual property right of another;
- in violation of any law or regulation; or
- offensive or otherwise unacceptable to Hair By Science at its sole discretion.
Hair By Science will not be liable for the content of any communications posted by you, whether or not arising under the laws of copyright, trademarks, defamation, privacy, consumer protection, or otherwise.
Rights to User Submissions
You grant Hair By Science the right to use the name that you submit in connection with such content. You represent and warrant:
- that the content is true and accurate;
- that you own or otherwise control the rights to your Submission;
- that use of the content you supply does not violate this policy;
- that it does not infringe any third party’s intellectual property and will not cause injury to any person or entity; and
- that your Submission does not constitute or contain software viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam.”
You agree to fully indemnify Hair By Science for all claims arising from or in connection with your breach of any of the above warranties relating to your Submissions. Hair By Science takes no responsibility and assumes no liability for any content posted by you or any third party.
You also acknowledge that your Submission may not be returned and will be kept on file.
If you do not wish to grant such rights to Hair By Science, it is suggested that you do not post, transmit, upload or submit any Submissions to this website.
Limitation of Liability
Except as provided by law pursuant to a non-excludable condition, Hair By Science will not be liable for any loss or damage suffered in connection with your use, or loss of use, of this website. To the extent permitted by law, if your use of this website relates to the purchase of any Hair By Science product:
- Hair By Science’s liability for breach of any non-excludable condition will be limited at its option to supply the product again or payment of the cost of supplying the product again;
- otherwise, its liability to you for any loss or damage at law shall not exceed the total amount Hair By Science actually received from you for the product which gave rise to the loss or damage; and
- Hair By Science will not be liable in any event for any consequential, indirect, incidental, special, punitive or exemplary damages, or any loss of profits or loss or corruption of data, damage to a computer system, loss of anticipated savings, loss of goodwill or economic loss, even if Hair By Science has been advised of the possibility of such loss or damage.
You agree that Hair By Science’s liability to you at law will be reduced by the extent to which you contributed to any loss incurred by you.
Sale of Products
Eligibility to purchase
To be eligible to purchase goods on this website and to lawfully enter into and form contracts on this website under Australian law you must be the owner of a valid debit or credit card and must be in possession of a valid prescription for the goods on our website from one of our Australian registered medical practitioner.
- Products displayed on Hair By Science’s website may not be available or be as described. Hair By Science will use its best endeavours to ensure that product details, descriptions, images and prices appearing on its website are correct at the time the relevant information was entered onto the system. However, to the extent permitted by law, Hair By Science does not warrant that the product descriptions, colours or other content available on the website are accurate, complete, reliable, current, or error-free.
- The Prescription Regrowth Serum is not listed on the Australian Register of Therapeutic Goods (ARTG) and the safety and efficacy have not been evaluated by the TGA. Our doctors prescribe this compounded medication due to the fact that there are no alternatives on the ARTG. This medication is compounded in a registered and licensed Australian compounding pharmacy.
- All prices indicated for products available via this website are in Australian dollars inclusive of GST (where applicable) and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the FAQ
section of this website.
- The products available on this website, and any product samples which are provided to you, are for your personal use only. You must not sell or resell any of the products, or product samples, that you purchase or otherwise receive from us. Please note that product samples are subject to availability.
Placing an Order
- The Hair By Science website will contain instructions which will guide you through the process of placing an order. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. Once you have placed your order, Hair By Science will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit or debit card.
Unless Hair By Science has notified you that it does not accept your order or if you have cancelled your order, the acceptance of your order and the completion of the contract between you and Hair By Science will take place when Hair By Science dispatches the goods ordered by you.
If you require any information regarding your order(s) please contact Customer Service on 1300 424 729 (open 9am – 5pm, Monday to Friday, excluding public holidays) or you can contact us firstname.lastname@example.org
Hair By Science will not accept your order if:
- you do not have a valid prescription for the item you have ordered;
- an item you have ordered is out of stock;
- it is unable to obtain authorisation for your payment;
- it identifies a product or pricing error.
If Hair By Science is unable to fulfil your order following acknowledgement of its placement, Hair By Science will contact you by email advising you of this. See Cancellation.
- You may pay for any purchase using any of the methods specified in the FAQ
section of this website. By purchasing products from our website, you confirm that the credit or debit card that is being used is owned by you. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, Hair By Science will not be liable for any delay or non-delivery.
Your Credit Card Verification number (CCV) is requested during the processing of your payment online. This number is only found on the physical card, not on any receipts or imprints from EFTPOS machines. Although this does not guarantee that the card used for the purchase has not been stolen, it does assure us that the person placing the order has the card physically with them at the time of the order, and is therefore an additional security measure.
Cancellation of Order
- Hair By Science notes that on occasion, orders or parts of an order are cancelled by its system for various reasons including: that the item(s) is not available; that there was difficulty in processing payment information; that delivery to the address was not possible; that a duplicate order was placed; or that the order was cancelled on the customer’s request. If your order is cancelled, you will receive an email to explain the reason for the cancellation and the appropriate amount will be refunded via your original payment method.
Please note that because Hair By Science generally dispatches orders within 2-4 days (excluding weekends and public holidays), it may not be possible to cancel the order prior to its dispatch. In this event, you will have to return your order once you have received it in accordance with the Returns Policy.
Subscription – Cancel Anytime
The subscription service can be cancelled at any time provided there is no money owing to Hair By Science. To cancel the subscription, you will need to contact the Hair By Science team and receive confirmation that your subscription has been cancelled.
90 Day Money Back Guarantee
To receive a refund according to the money back guarantee, you need to have photo evidence (submitted in the ‘My Progress’ section of ‘My Account’) of your hair growth prior to commencing treatment. You will need to have a photo of your hair growth after finishing 90 days of treatment. The photo will need to be analysed by one of our doctors and if he or she is satisfied that the treatment has not improved your hair loss condition then you are entitled to a full refund. The photos need to be clear and broad enough to allow our doctors to analyse them effectively. You will need to prove that you have undergone the treatment as per the doctor’s instructions. Each patient is only eligible to utilise the money back guarantee once.
Credit Card Charge Back Policy
At Hair By Science Pty Ltd we do not tolerate credit card fraud. No expense will be spared and all fraud without exception will be prosecuted to the full extent of the law. In addition, we will pursue civil legal action seeking any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues.
Hair By Science Pty Ltd also considers credit card charge backs to be fraud if you made no reasonable effort to notify us that a problem existed and allow us considerable time to resolve or clarify the or matter.
All frivolous charge backs not only costs our employees time away from our usual and customary matters of conducting normal business, but costs us money, therefore:
YOU AGREE that if you choose to do business with Hair By Science Pty Ltd and file a dispute/claim or charge back with your credit card company for a situation that contradicts our terms & conditions which you agree to when placing your order OR have not allotted us sufficient time to acknowledge, confirm, and research the situation; and as of any result, you do not win the charge back argument or dispute/claim you agree to pay us $200.00 for our time responding to the matter. You authorize us to charge this amount to your credit card. If this charge is rejected, Hair By Science Pty Ltd will peruse legal action to recoup losses for our time associated with responding to the charge back and or dispute/claim in addition to any other fees explained below.
In the event that you win the charge back with your credit card company, and have not returned our products in as new condition, Hair By Science Pty Ltd will attempt to recover fraudulently disputed charges plus additional costs via a third-party collection agency and your account will be reported to all credit bureaus as a delinquent collection account. This may severely damage your credit rating for at least the next seven (7) years. At this point, we will no longer accept a return of the products as settlement of the debt and will only accept payment in full.
Note: The customer must return the products, and must not have use them, before attempting a chargeback.
CEASE AND DESIST
Patient understands and is hereby notified that once a chargeback, dispute/claim or legal action is taken; all communication where it be via email, telephone, internet, or Australian mail and courier services with Hair By Science Pty Ltd will cease and desist.
RIGHT TO REFUSE A Patient
As a side note, management reserves the right to cancel an order and/or issue a refund, and pursue legal action against any customer who is deemed hostile. Hostile customers are those who initiate charge backs or dispute/claims without valid cause (particularly after the receipt of order), threaten/harass staff members in person, over the phone, internet, or email, and those who attempt to slander and/or commits acts of libel against Hair By Science Pty Ltd. and all divisions there under.
We are not interested in legal battles, but we are prepared to take them on when necessary.
LEGAL: You agree via your conducting business with Hair By Science Pty Ltd that any legal action resulting from any transaction will be guided by the laws of and take place in the Hair By Science Pty Ltd home state of NSW. You agree to reimburse us or any representative we may appoint for any legal expenses your actions may make us incur. We take fraud seriously. If any provision of this Agreement is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The waiver of a breach hereunder does not waive any other or subsequent breach.
PLEASE NOTE OUR POLICY ON CHARGEBACK
- Customer understands that Company does not tolerate fraudulent charge backs or frivolous disputes/claims and will proceed to collect by any means necessary.
- Customer is responsible for charge back fees consisting of attorney’s fees, fees for collection agencies or third party intervention if client fraudulently charges back or does not pay monies owed.
- If Customer charges back fraudulently, client will owe charge back fees plus amount owed.
- Company will report any outstanding balances to the major credit bureaus as a delinquent collection account.
- Company will have the incident reported to anti-fraud databases, which will attempt to prevent any further purchases on the Internet.
Stolen Credit Card Purchases
We log IP strings on all orders – any orders coming back as a chargeback due to fraudulent activities will be diligently pursued through your local jurisdiction for prosecution to the fullest extent of the law.
Hair By Science reserves the right to change these terms and conditions at any time without giving notice.