Terms & Conditions

The information contained within this document relates to the Australian Barber website and online store, operated and maintained by Eight & Associates Pty Ltd trading as Australian Barber (and referred to in this document as Australian Barber, we, us, our).

The Terms of use relevant to our online store can be found in the footer of our website. These can be accessed by clicking on “Terms & Conditions”

The use of our website (including the live chat function) by a person (“you”) is subject to this document. This document contains important information, including warranty disclaimers and limitations of liability. Your use of this website in any way, including, without limitation, browsing the website, using the live chat function or any information contained on this website and/or purchasing products on this website constitutes acceptance of the terms in this document.

Disclaimer

The content of this website is general and is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, Australian Barber does not give any express or implied warranties and makes no representations in relation to this website (including the live chat function). In particular, while reasonable care is taken in its preparation, Australian Barber does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website (including through the live chat function) or its usefulness in achieving any purpose. You accept that content on the website (including through the live chat function) may include technical inaccuracies and typographical errors. Information on this website (including through the live chat function) should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided.

In addition, to the fullest extent permitted by law, Australian Barber does not warrant that the website (including the live chat function) is free from any computer viruses or other defects or that your access to the website (including the live chat function) will be continuous or uninterrupted. Australian Barber accepts no liability arising from your access to this website (including use of the live chat function).

Limitation of Liability

Subject to the provisions of consumer protection legislation that cannot be excluded (including the Australian Consumer Law), Australian Barber accepts no liability arising from the information on this website (including through the live chat function), or on websites linked from this website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, Australian Barber will not be liable for any loss, damage, cost, expense, illness or injury incurred in or arising by reason of any person relying on the information on this website (including through the live chat function). Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) that cannot be limited, to the maximum extent permitted by law Australian Barber accepts no liability for any loss, damage, cost, expense, illness or injury arising from your access or use of the live chat function or any delay or interruption in access to or use of the live chat function. Where conditions and warranties implied by law cannot be excluded, Australian Barber limits its liability, solely to the extent it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.

Consumer Protection Legislation

This website (including the live chat function) comes with non-excludable guarantees under consumer protection legislation such as that the website will be provided with due care and skill and be reasonably fit for its usual purpose. If Australian Barber breaches any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or the re-supply of the services and to compensation for any other reasonably foreseeable loss.

User Responsibility for Personal Account

If you choose to create a personal account on this website (Personal Account), you are entirely responsible for your log in details and password and must not share these with any third party. You must notify Australian Barber immediately of any known or suspected unauthorised use(s) of your Personal Account, or any known or suspected breach of security, including but not limited to unauthorised access or any permanent or temporary prevention of access to your Personal Account, or loss, theft or unauthorised disclosure of your password. You are responsible for all your usage or activity on this website, including through your Personal Account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Personal Account, at Australian Barber’s sole discretion, and Qaba may refer such conduct to appropriate law enforcement agencies.

Live Chat function

The live chat function is a facility established and maintained by Australian Barber which enables you to chat to Australian Barber personnel in real-time to assist you to navigate your way around the website and to provide information on Australian Barber’s products.

The live chat function must be used for the above purpose and no other purpose. In particular, you must not use or attempt to use the live chat function to:

corrupt, damage or interfere with the live chat function or any Australian Barber or third party data, software, hardware, website or information technology systems;

send offensive, inflammatory, defamatory, fraudulent or otherwise unlawful information that infringes Australian Barber’s or any third party’s rights;

adversely affect the reputation or public image of Australian Barber; or

cause annoyance or inconvenience to Australian Barber or any third party.

You acknowledge that Australian Barber can terminate your Personal Account and/or use of the Live Assistance function if Australian Barber reasonably believes you have breached these Terms of Use.

Australian Barber does not guarantee the continuous availability of the live chat function, and will not be liable to you for any reason, including in the event that the live chat function is unavailable to you for any reason including due to any computer or system downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or telecommunications supply. Australian Barber reserves the right to suspend or terminate the availability of the live chat function at any time.

Any responses provided by Australian Barber personnel through the live chat function are general and provided for information purposes only. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Australian Barber does not give any express or implied warranties and makes no representations in relation to the responses provided by Australian Barber personnel through the live chat function. Nothing on the live chat function should be construed as the giving of advice or the making of any recommendations. You should make and rely on your own assessment and enquiries to verify the accuracy of the information provided through the live chat function.

You agree that you access and use the live chat function entirely at your own risk (to the maximum extent permitted by law), including in relation to all information that you choose to transmit through the live chat function.

Intellectual Property

Copyright

All content on this website, including text, graphics, logos, photographs, images, audio and video clips and data compilations is the property of Australian Barber or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of Australian Barber and protected by Australian and international copyright laws.

Trademarks

Australian Barber and all related graphics, photographs, logos, and product and service names are trade marks (both registered and unregistered) of QABA S-ENSE Pty. Ltd. These trade marks, logos and other proprietary graphics may not be used in connection with any other product or service without Australian Barber’s express prior written consent.

Use of this website (including the Live Chat function) does not give you any rights, title, interest or ownership in any intellectual property rights (including copyright) and proprietary rights to the content of this website (including the Live Chat function) or any trademarks, logos or other proprietary graphics of Australian Barber or its affiliates.

License and Site Access

Subject to your use of this website (including the Live Chat function) in accordance with these Terms of Use, Australian Barber grants you a limited license to access and make personal use of this site and not to download (other than downloading these Terms of Use, Terms of Trade, and our policies that apply to your use or interaction with our website (including the Live Chat function) and online store for your records, page caching or to access wholesale inquiry forms designed for downloading) or modify it, or any portion of it, except with Australian Barber’s express prior written consent. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this site may not be reproduced, modified, republished, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of Australian Barber. You may not use any metatags or any other hidden text using Australian Barber’s name or trademarks without Qaba’s express prior written consent. Any unauthorized use or breach of these Terms of Use will automatically terminate the license granted above.

Third Party Websites

Australian Barber may include links on this website to websites owned by other parties. Australian Barber is not in any way responsible for the material contained on these sites, nor is Australian Barber responsible for the availability of these sites. Australian Barber does not endorse and is not responsible or liable for any content, including advertising or products offered on these sites, nor is Australian Barber responsible for any damage, offense or loss caused as the result of visiting these websites.

Australian Barber recommends that before you visit any website you check that your computer is running up-to-date virus checking software.

Submissions

You agree that any feedback or material you send to Australian Barber on or via this website (including through the Live Chat function but excluding your personal information or information related to your Personal Account) is non-confidential, non-proprietary and does not infringe the intellectual property rights or other rights of any third party. This includes any data, questions, comments, suggestions, ideas or other information. You agree that Australian Barber may use any feedback or material provided by you to Australian Barber on or via this website (including through the Live Chat function) which is not your personal information, for any purpose without compensation to you.

Privacy

Your personal (including sensitive) information will be collected by Australian Barber if you use our website, choose to create a Personal Account, make an order for any products from Australian Barber or contact Australian Barber on or via this website (including through the Live Chat function). Australian Barber’s Privacy Policy, which can be accessed here, explains how Australian Barber generally handles your personal (including sensitive) information. The Privacy Policy also includes information about how you can:

seek to access and/or correct your personal information Australian Barber holds about you; and

submit a privacy query or complaint to Australian Barber and how Australian Barber will deal with your query or complaint.

By using this website (including the Live Chat function), you agree that Australian Barber can use your personal (including sensitive) information in accordance with its Privacy Policy.

Security

Australian Barber’s credit card transactions are fulfilled by a banking institution authorized under the laws applicable to this website. When collecting credit card information for online purchases, Australian Barber offers secured server transactions that encrypt your information in transit to prevent others from accessing it. All information is stored on a secure server. Your credit card details are encrypted and then removed from our system once your order has been dispatched.

Although Australian Barber engages all reasonable efforts to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorized use of your account.

General

Australian Barber may vary these Terms of Use at any time by publishing a revised version of the Terms of Use on this website. These Terms of Use were last updated on 10 March 2023.

The law applicable to these Terms is the law of the State of Victoria, Australia, and any dispute or claim arising out of or in connection with their interpretation or execution will be subject to the non-exclusive jurisdiction of the courts of that jurisdiction.