Site

terms and conditions

Welcome to Evohair.com (the "Site").

Privity Pty Ltd 007 887 729 ("Evo Online") provides the Site and all of its functionality to you subject to the following terms and conditions, Evo Online's Privacy Policy and any other terms and conditions and policies which you may find throughout the Site. All of these materials are deemed to be a part of, and incorporated into, these terms and conditions (collectively, "Terms and Conditions").

By accessing or using the Site (including placing an order for purchasing Products through the Site), you are acknowledging to Evo Online that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. If this is not correct, or you do not agree to any aspect of these Terms and Conditions, please immediately leave the Site, and do not access or use it.

  1. Purchases

    Evo Online attempts to be as accurate as possible when describing its Products on the Site; however, to the extent permitted by applicable law, Evo Online does not warrant that the Product descriptions, colours, information or other any other aspect of the content available on the Site are accurate, complete, reliable, current, or error-free.

    The following terms and conditions apply to orders for products available for purchase from Evo Online ("Products") placed through this Site.

    1. Prices and Payments

      All Product prices stated are in GBP, and unless otherwise expressly indicated, include VAT. but exclude handling and delivery charges.  Handling and delivery charges will be calculated once you have selected your preferred delivery options and will be displayed on-screen for you at the checkout, just before you are asked to confirm and submit your order. You agree to pay all VAT, handling and delivery charges in respect of any Products you order.

      Evo Online reserves the right to change or alter prices of Products without notice.  The price payable by you for a Product shall be the price applicable on the date the Products are confirmed as ordered by you.

      Orders will be charged in full at the time an order is placed. Payment must be cleared before goods will be dispatched by Evo Online for delivery.

      You must pay for Products using a credit card of a type accepted by Evo Online, as indicated on the Site.  Evo Online does not accept cheque, money orders, cash, electronic funds transfers, or any other form of payment for Products.  For security, Evo Online requires that your billing name and address match that of the credit card used for payment, and reserves the right to cancel any order which does not meet this requirement.

    2. Product Availability

      All Products displayed on the Site have been included in good faith on the basis that the Products as described will be available at the time of sale.

      If a Product is not in stock at the time of your order, you will be notified this by email, and advised of the expected shipment date.  Your order will be fulfilled by Evo Online once new Product stock is received.  You may at any time prior to shipment cancel an order for a backordered item, as specified in Section I(f) below and a refund for the cost of the product will be made to you.

      From time to time, Evo Online may make available certain new Products for advanced purchase.  These Products will be dispatched as soon as they are available.  Evo Online will keep you updated as to the status of any advance purchases of Products you make through the Site via email.  Your order will be fulfilled by Evo Online once stock of the new Product is received.

    3. Orders

      You must be at least eighteen (18) years of age to place an order for Products with Evo Online.  By submitting an order, you acknowledge and represent that you are at least 18 years old.

      The information available on the Site constitutes an invitation to treat, and does not constitute an offer by Evo Online to sell any Products to you.  By submitting an order for Products and making payment through the Site, you are making an offer to Evo Online to purchase the Products selected for the amount paid, on these Terms and Conditions.  Evo Online reserves the right to refuse to accept, or to cancel orders once accepted, in its sole discretion. You acknowledge and agree that Evo Online will only be considered to have accepted your order when it provides you with confirmation of receipt of your order.    If you do not receive such confirmation from Evo Online within 24 hours of placing your order, your order will be deemed to be rejected (except where non-receipt is due a technical difficulty experienced by Evo Online), and Evo Online will refund to you the payment you have made.  In the event that your order is cancelled by Evo Online following acceptance, Evo Online will refund to you the payment you have made.

      Evo Online will notify you, if any order you place is cancelled or rejected.

      Please ensure that the delivery address and recipient details listed in your order are accurate and complete, as orders and details are unable to be changed once an order has been placed. Evo Online will not accept responsibility for late delivery, or non-delivery due to incomplete or incorrect details being provided.

    4. Limits

      In any single order, you may purchase up to six (6) of any Product. At all times, the total value of any single order for the purchase of Products you place must not exceed $750 (excluding GST and delivery charges).

    5. Delivery

      Products are only available for delivery in Australia. Evo Online uses the services of Australia Post to deliver Products to you and accordingly, accepts no responsibility for late delivery, or your failure to receive Products which have been dispatched by Evo Online.

      The amount of handling and delivery charges payable by you will depend upon the delivery option you select at the time of ordering Products, and will be charged to you in full at the time your order is placed.

      Risk in the Products will pass to you upon dispatch. Title to the Products will pass to you once your payment has been cleared and received by Evo Online.

      Certain Products sold by Evo Online require special handling, in accordance with applicable laws and regulations. These requirements affect the manner of delivery of these particular Products. Evo Online may therefore on occasion be unable to dispatch products for delivery to nominated addresses, and reserves the right to cancel orders which are affected by the applicable requirements.

    6. If at any time you are not completely satisfied with the Products ordered from Evo Online, simply return the unused and unopened portion of your Products to Evo Online. Evo Online will be happy to exchange the items for other Products of your choice which have an equivalent purchase value to the returned Products.

      To return and exchange Products, please (i) make a copy of your original invoice (and include your payment information on the back of the invoice if the total cost of your exchange will exceed the value of Products being returned) (ii) enclose this copy, together with the unused and unopened portion of your Products in your return parcel which should be packed carefully to avoid damage in transit and (iii) address and send your parcel to Evo Online, Returns Department, PO Box 181, Hindmarsh SA 5007, Australia. For your protection, Evo Online recommends that all return parcels be insured and sent using a delivery method which can be tracked by you in the case of loss in transit. You are responsible for meeting the costs of returning Products to Evo Online for exchange.

      In no circumstances (subject only to applicable law), will Evo Online accept return of Products, and will not refund Products once purchased by you.

      Once placed, orders may cancelled by you at any time prior to the dispatch of Products to you by Evo Online. To cancel your order, please contact Evo Online by emailing professors@evohair.com or calling Evo Online's customer service at +61 8 8403 8200. In the event that your elect to cancel your order, Evo Online will refund to you the payment you have made. In no circumstance may you cancel your order once Products have been dispatched to you; however you may exchange Products as described above.

  2. Your Account

    You may choose to register at the Site if you are over eighteen (18) years of age. Do not register if you are not over eighteen (18) years of age. If you are over eighteen (18) years of age and do register, you must select a username and password for your account, and are solely responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer and account. When creating and using your account, you must at all times keep your information current, complete, accurate and truthful.

    You agree to accept sole responsibility for all activities that occur under your account, username and/or password, including but not limited to all purchases of Products. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.

    You acknowledge and agree that you are liable to Evo Online for any losses sustained by it as a result of any unauthorised use of your account, username or password, and you may be similarly liable to other third parties. For the avoidance of doubt, you acknowledge and agree that Evo Online assumes no responsibility or liability for losses caused by unauthorised use of your account, username or password.

    Evo Online reserves the right to refuse to sell Products or to provide service and/or to terminate accounts at any time without prior notice, including but not limited to if you or someone using your account breaches these Terms and Conditions.

  3. Intellectual Property

    All information and content available on the Site, including but not limited to all intellectual property rights in the domain www.evohair.com and other domain names, trade marks (including but not limited to "EVO"), logos, text, images, graphics, photographs, data compilations, software, and modifications and updates to this material which may be made from time to time (collectively, the "Content") is the sole and exclusive property of Evo Online, and is protected by Australian and international laws, including laws governing copyrights and trade marks.

    Except as permitted by the licenses provided for in Section IV below, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without Evo Online's express, prior written consent.

  4. Licenses

    Evo Online grants you a limited, revocable, and non-exclusive license to:

    1. access and make use of the Site, the functionality it offers and Content for your personal use or for the purposes of purchasing Products for use in your hairdressing business. The Site may not be used for any other purposes (including but not limited to commercial purposes other than purchasing Products for use in your hairdressing business) without the prior written authorisation of Evo Online; and

    2. create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of Evo Online's Content; (ii) must not imply that Evo Online is endorsing that website or its services or products; (iii) must not misrepresent its relationship with Evo Online; (iv) must not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) must not portray Evo Online or its Products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate Evo Online with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. Evo Online may, in its sole discretion, request that you remove any link to the Site, and upon receipt of such request, you must immediately remove and not again include such link, unless you receive written authorisation from Evo Online.

      In the exercise of the licences granted to you by Evo Online, you must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site or any Content.

      The licenses set out above are granted to you by Evo Online in good faith, and do not include the right to:

    3. frame or utilize framing techniques to enclose the Site or any portion thereof;

    4. republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site);

    5. make any use of the Site or any and/or all Content other than personal use, or for the purposes of purchasing Products for use in your hairdressing business;

    6. modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content;

    7. collect account information for the benefit of yourself or another party;

    8. use any meta tags or any other "hidden text" utilizing any and/or all Content; or

    9. use any form of data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on the Site or Evo Online's infrastructure.

    Any unauthorised use by you of the Site or any and/or all of Evo Online's Content, and any other breach or contravention of these Terms and Conditions, automatically terminates the licenses granted to you by this Section IV without prejudice to any other remedy available to Evo Online.

  5. Your Obligations and Responsibilities

    When accessing or using of the Site, you must comply with these Terms and Conditions, and any other instructions for access or use posted on the Site and shall at all times act lawfully and in good faith.

    You must not make any change or alteration to the Site, its functionality or any Content, and must not interfere in any way with the operation or functionality of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you negligently or wilfully contravene any of your obligations under these Terms and Conditions, you shall be liable for all the losses and damages that your actions may cause to Evo Online, its related entities, affiliates, partners, authorised distributors, licensees, or licensors, must indemnify Evo Online, its related entities, affiliates, partners, authorised distributors, licensees, or licensors for any losses and damages sustained in accordance with Section X below.

  6. Your Submissions, User Content, and Notification of Infringements

    All inquiries, feedback, suggestions, ideas or other information you provide to Evo Online through the Site and its functionality, including via transactions conducted through your account or under your username or password ("Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of Evo Online's Privacy Policy, by transmitting or posting any Submission, you hereby assign the Submission and all rights associated with it to Evo Online. Evo Online reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way it deems appropriate.

    By making a Submission, you represent and warrant to Evo Online that you own or otherwise control the rights to it, and that it is lawful and does not contain any viruses or similarly harmful material. You must not use a false email address, impersonate any person or entity, or otherwise mislead Evo Online as to the origin of any Submission, and agree to indemnify Evo Online for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

    When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials, regardless of whether or not this is done through your account, username or password ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission.

    You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site Submissions or User Content that:

    1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, breaches the privacy of another person or is racially, ethnically or otherwise objectionable;

    2. you do not have a right to make available;

    3. is known by you to be false, inaccurate or misleading;

    4. for which you were paid or otherwise compensated by another party; or

    5. infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party.

      You also agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorised advertising, solicitation or promotional material, including chain letters and mass mailings. You further agree not to:

    6. impersonate any third party, or falsely state or otherwise misrepresent your affiliation with any person or entity;

    7. "stalk" or otherwise harass any third party via the Site;

    8. intentionally or unintentionally violate any applicable law; or

    9. access, collect or store personally identifiable data about other visitors to the Site.

    Evo Online does not endorse or control the User Content transmitted or posted on the Site and therefore, does not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, there is a possibility that you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Evo Online be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content made available via the Site.

    Evo Online reserves the right to change or delete any User Content. You acknowledge that Evo Online has the right (but not the obligation) in its sole discretion to refuse to post User Content, or to remove any posted User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Evo Online has the right to delete any User Content that violates these Terms and Conditions or is otherwise objectionable, and reserves the right to refuse to sell Products, provide service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

    Evo Online respects the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes an infringement of intellectual property rights (including copyright) infringement, please email professors@evohair.com and notify Evo Online of a claimed infringement, stating the relevant details including identification of the original, and allegedly infringing material, your contact information, a statement that you are reporting the alleged infringement in good faith, and a statement that you are the owner of the relevant intellectual property rights, or authorised by such owner to act on his/her behalf.

  7. Third Party Sites

    Evo Online is not responsible for the content of any off-website pages, including but not limited to any other websites linked to or from the Site ("Third Party Sites"), and makes no warranties regarding any aspect of Third Party Sites. Links to Third Party Sites contained on the Site are for convenience only and are not an endorsement by Evo Online, its related entities, affiliates, distributors or partners of the referenced content, product, service, or supplier. You acknowledge and agree that accessing any Third Party Sites is an activity undertaken by you at your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Sites that you visit.

  8. Special Features, Functionality and Events

    The Site may offer certain special features and functionality or events (such as Product sales and contests) which may either (a) be subject to terms of use, rules and/or policies in addition to these Terms and Conditions; and (b) be offered by Evo Online or by third parties. In either of these circumstances, Evo Online will notify you of this. If you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies, in addition to these Terms and Conditions.

  9. Representations and Warranties

    The Site is presented "as is." Evo Online makes no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions, the products or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

    You warrant that you have authority to enter into and to perform your obligations under these Terms and Conditions, and that you have the ability to perform, and will perform, your obligations under these Terms and Conditions.

    You warrant and represent that you are located in Australia, and are relying on your own skill and judgement in relation to the quality of any Products purchased through the site, their fitness for any purpose that may be required and not upon any conduct or representation by Evo Online, its related entities, affiliates, partners, authorised distributors, licensees and licensors or any of their respective officers, employees or agents.

  10. Indemnity and Limitation of Liability

    You agree to indemnify Evo Online and its related entities, affiliates, partners, authorised distributors, licensees and licensors and each of their respective officers, employees and agents from and against any claim or cause of action (including in contract, tort or under statute) arising in connection with the Products (including but not limited to their purchase, delivery and use). You agree to defend, indemnify and hold Evo Online and its related entities, affiliates, partners, authorised distributors, licensees and licensors and each of their respective officers, employees and agents harmless for any loss, damages or costs, including reasonable legal costs on a solicitor-own client basis, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions (including a breach of any warranties provided by you under Section IX).

    You unconditionally free, release and discharge Evo Online, its related entities, affiliates, partners, authorised distributors, licensees and licensors and each of their respective officers, employees and agents from any claim or cause of action (including in contract, tort or under statute) arising in connection with the Products or your use of the Site.

    You agree that, to the fullest extent permitted by applicable law, Evo Online and related entities, affiliates, partners, authorised distributors, licensees and licensors and each of their respective officers, employees and agents will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during purchase of products or hyperlink to or from third party websites (f) any inaccuracies or omissions in content (g) events beyond Evo Online's reasonable control or (h) any loss of any kind whatsoever connected with the Products including without limitation, for indirect or consequential loss (including loss of profits or loss arising from any non-delivery, failure, defect or deficiency in the Products) even if due to the negligence of Evo Online or that of its related entities, affiliates, partners, authorised distributors, licensees and licensors or any of their respective officers, employees and agents, or arising out of or in connection with the Products.

    Further, to the fullest extent permitted by law, Evo Online and related entities, affiliates, partners, authorised distributors, licensees and licensors and each of their respective officers, employees and agents will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Site or your use of it (including but not limited to your purchase of Products) regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if Evo Online has been advised of the possibility of such damage.

    Notwithstanding anything to the contrary in these Terms and Conditions, the liability of Evo Online and its related entities, affiliates, partners, authorised distributors, licensees and licensors and each of their respective officers, employees and agents to you (including in respect of any warranty implied into these Terms and Conditions by the Trade Practices Act 1974 (Cth)) is limited to either (at Evo Online's sole discretion) (a) in the case of Products - replacing products with equivalent products, or if payment for products has been made, refunding the payment made by you or (b) in the case of services – re-supplying the services, or paying to you the cost of having the services re-supplied.

  11. Notices

    You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from Evo Online electronically including without limitation by e-mail or by posting notices on this Site. To withdraw your consent to receive Notices electronically, you must notify Evo Online by sending an email to professors@evohair.com and discontinue your use of this Site. If you discontinue your use of the Site, all rights granted to you by Evo Online pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section IV above, shall automatically terminate.

    Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in Evo Online's Privacy Policy.

  12. Privacy

    Evo Online's Privacy Policy is incorporated into, and forms part of, these Terms and Conditions.

  13. Governing Law

    These Terms and Conditions are governed by the laws of the state of South Australia. You and Evo Online expressly submit to the jurisdiction of the courts of South Australia.

  14. General

    You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between you and Evo Online concerning your use of the Site and any purchase of Products which you make via the Site, and supersede and takes precedence over all prior communications and agreements between the parties.

    Evo Online may at any time, in its sole discretion, change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site after a change has been posted to the Site constitutes your agreement to the revised Terms and Conditions. While Evo Online will make all reasonable attempts to provide you with notice of any changes in accordance with Section XI, you acknowledge and agree that Evo Online is under no obligation to notify you when these Terms and Conditions are amended, and that your continued use of the Site will constitute and signify your acceptance of any amendments made from time to time.

    You acknowledge the right of Evo Online to take action against you to prevent a breach of these Terms and Conditions and further acknowledge that damages may not be an appropriate remedy in those circumstances. You expressly agree and acknowledge that you are not authorised or permitted to bind Evo Online in any way whatsoever in relation to any contract or agreement with any third party, and agree that you will do all things necessary to give full effect to these Terms and Conditions and any transactions contemplated by them.

    Evo Online may, with or without prior notice and with or without cause, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice issued by Evo Online to you, including, as applicable, by ceasing all use of the Site. Evo Online's failure to require your performance of any provision of these Terms and Conditions shall not affect its right to require such performance at any time thereafter, and nor shall its waiver of a breach of any provision of these Terms and Conditions be taken or held to be a waiver of the provision itself.

    The relationship between you and Evo Online is one of independent contractors, and nothing in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

    Every provision of these Terms and Conditions is independent of the other. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Rather, any provision which is prohibited or unenforceable in any jurisdiction will be ineffective to the extent only of such prohibition or unenforceability, and the other provisions will continue in full force and effect.

  15. Questions, Comments and Concerns

    If you have any questions, comments or concerns regarding these Terms and Conditions, please email Evo Online at professors@evohair.com

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