Terms & Conditions

1.            General

• This site is operated by Three Six Five Pty Ltd (ACN 102 860 131) (we, us, or our).
• This page, and any documents referred to in it, governs the terms and conditions under which you may make use of our products, services, mobile app (if any) and website (collectively referred to as the Site).
• The term you refers to the person or organisation accessing or using, or relying upon, the Site. If you are accessing or using the Site on behalf of an organisation, you warrant that you have the authority to do so.
• Please read these terms and conditions (Terms) carefully before you start to use the Site.
• By using, browsing or accessing the Site, you indicate that you:
  • are aged 18 years or over; and
  • have read, understood and accept these Terms, together with our Privacy Policy, and agree to abide by them.
• If you are under 18 years, your parent or guardian must read these Terms and our Privacy Policy and accept on your behalf. We assume, if you are under 18 years, that you have complied with these requirements.
• We encourage you to:
  • read these Terms before you start to use the Site; and
  • contact us by email at accountsteam@365salongroup.com, if you have any questions in relation to the Site.
• If you do not agree to these Terms or our Privacy Policy, you should not access or otherwise use the Site and the products and services offered on, or via, the Site.

2.            Accessing the Site

• We will not be liable if the Site is unavailable (wholly or partly), for any reason, at any time or for any period.
• Access to the Site is permitted on a temporary basis. We reserve the right to withdraw or amend the products, services and content we provide on the Site without notice.
• From time to time, we may restrict access to some parts of the Site (wholly or partly).
• You are responsible for:
  • making all arrangements necessary for you to have access to the Site; and
  • ensuring that all persons who access the Site through your internet connection, mobile device, or otherwise are aware of these Terms, and that they comply with them.
• When accessing and using the Site, you must not:
  • attempt to undermine the security or integrity of:
    • our computing systems or networks; or
    • a third party's computing systems and networks where the Site is hosted or operated by a third party;
  • use, or misuse, the Site in any way which may impair:
    • the functionality of the Site, or other systems used in the course of delivering or operating the Site;
    • the ability of any other user to use the Site;
  • attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access, or to the computer system on which the Site is hosted or operated;
  • transmit, download or input into the Site, any files that may damage any other person’s computing devices or software, content that may be offensive or material or data in violation of any law; or
  • modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer, any computer programs used to deliver the Site (or attempt to do so).

3.            Specific Site information

• The Site is a platform that allows users to view and purchase hair care products or services from us.
• All products and services advertised on the Site are subject to availability and change at any time without notice.
• The price payable for any products or services is the price specified on the Site at the time of placing your order. Prices displayed are subject to change at any time without notice.
• Users of the Site may also upload or publish content (including user comments and reviews) on the Site (User Generated Content).
• The Site is a portal or conduit, which may be linked from or to, or otherwise provide you with access to, and use of, third party content (Third Party Content).
• We do not recommend or endorse any:
  • products;
  • services;
  • third parties;
  • Third Party Content; or
  • User Generated Content,

linking to or from or appearing on or via the Site or our social media pages, or any websites linked to the profiles of third party providers (Third Party Providers).

• The Third Party Providers (and their advertisers) and users of the Site are responsible for the accuracy of all representations made in any Third Party Content or User Generated Content advertised, displayed or listed on, or via, the Site, our social media pages, or any websites linked to the profiles of Third Party Providers.
• We may, but are under no obligation to, monitor the Third Party Content or User Generated Content. To the extent permitted by law, we do not:
  • warrant that the products or services, Third Party Content or User Generated Content:
    • linking to or from the Site or our social media pages;
    • displayed, listed or offered on, or via the Site, our social media pages; or
    • any websites linked to the profiles of Third Party Providers,

are accurate, complete, reliable, current or error-free; or

• make warranties about the standard or quality of any of the products, services, Third Party Content or User Generated Content offered or displayed on, or via the Site, our social media pages or those of any Third Party Providers, or any websites linked to the Site or the profiles of Third Party Providers.

• You agree to make your own enquiries to verify information displayed on, or via, the Site, our social media pages or those of any Third Party Providers, or any websites linked to the Site or the profiles of Third Party Providers and to assess the suitability of products or services before you purchase.
• You accept the risk of purchasing products or services advertised, displayed, or listed by a Third Party Provider or user of the Site on, or via, the Site, our social media pages or those of any Third Party Providers, or any websites linked to the Site or the profiles of Third Party Providers.
• Any opinions, warranties, representations, advice, statements, products, services, offers, Third Party Content, User Generated Content or other information, displayed, advertised, listed or made available by a Third Party Provider or users of the Site are those of the respective author, advertiser or distributor, and not us.
• We reserve the right to modify or remove any Third Party Content or User Generated Content at any time, but we are under no obligation to do so.
• However, nothing in this clause 3 excludes, restricts or modifies any rights or remedies available to you under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).

4.            User account and password

• You do not need to register or login to the Site in order to view the content and information on the Site, including Third Party Content and User Generated Content.
• If you wish to order products or services via the Site, you will need to create an account with us on the Site (Account).
• Your Account will be operated by an email address and password (Password). You may change or reset your Password by selecting the ‘reset your password' link on the log-in page, or inside your dashboard settings once logged into the Site.
• You, as the owner of the Account, are solely responsible for the activity conducted on the Account. At any time, we may request that you provide identification to verify your identity.
• In relation to your Account, you undertake that you will:
  • not disclose your Password to any third party;
  • take reasonable measures to prevent disclosure of your Password to any third party. You are liable for all use of the Site using your Account or Password;
  • provide only accurate and complete registration information, and update that information if it changes in order to keep it current, complete and accurate;
  • you will remain responsible for anything that happens through your Account; and
  • not impersonate another account holder or provide false identity information to gain access to or use the Site.
• Please notify us immediately if:
  • you become aware that your Account or Password is being used without authorisation; or
  • there is any other security breach relating to your Account or Password.
• We reserve the right to contact you at any time to verify your identity, Account and/or Password.

5.            Orders and risk

• When you submit an order for products or services via this Site, it constitutes an offer to purchase the products or services from us in accordance with these Terms.
• Unless you cancel your order in accordance with paragraph 8, your offer is accepted, and the contract for the supply of the goods or services is completed, when:
  • you receive an email from us accepting your order;
  • payment of money by you for the products or services, delivery and shipping costs, bank transfer charges or credit card fees and Goods and Services Tax (GST) is received by us; and
  • an email is sent from us (or our authorised agent) confirming that the products have been dispatched and handed over to the designated carrier.
• At our discretion, we may:
  • refuse your order; or
  • limit or cancel quantities of any products in your order,

if we detect suspicious activities on your Account or in our opinion, an order has been placed by a dealer, reseller or distributor (unless you are a Trade Customer, as defined below).

• Orders will not be dispatched until funds have cleared in our account. Risk of loss and title for the products pass to you upon dispatch from our warehouse to the delivery carrier.
• Trade Customer means any customer that holds a trade account with us.

6.            Payment

• We process payments securely via SecurePay. For more information about SecurePay, please visit https://www.securepay.com.au/.
• We accept payment by credit card, debit card, Paypal, AfterPay, G Pay or Shop Pay.
• If you are a Trade Customer, we also accept payment of your Account by direct deposit or if approved by us, order on a 30-day account.
• Unless stated otherwise, all prices are in Australian dollars (AUD) and are inclusive of GST.
• You will bear all liability for GST and shall not require us to pay any amount on account of GST. In addition, we will be entitled to recover from you any GST paid or payable by it in respect to the provision of the goods and services.

7.            Shipping

• All Australian orders will be sent out via Australia Post. Unfortunately, we do not ship outside of Australia.
• If you are a Trade Customer, please contact us at accountsteam@365salongroup.com to discuss suitable delivery options.
• The shipping of all orders is governed by our Shipping Policy [insert hyperlink to shipping policy], which includes information about delivery costs and delivery timeframes.

8.            Cancellation of orders

• You may cancel your order any time within 12 hours of placing your order by contacting us at accountsteam@com.
• If you cancel your order within this timeframe, we will provide you with a full refund.
• You will not be entitled to cancel the whole or part of your order after 12 hours of placing your order.

9.            Returns, exchanges, refunds and change of mind

• All returns, exchanges and refunds are subject to our Returns Policy.
• You should inspect the products promptly upon receipt.
• If a product is received in damaged condition as a result of our error, we will refund or replace the product at your request provided that your request is accompanied by satisfactory photographic evidence of the damage, proof of purchase and is made within 7 days of receipt of the product.
• If a product is damaged through misuse, accident or abnormal use, the Australian Consumer Law or any manufacturer’s warranty may not apply. In such circumstances, any refund, replacement or repair will be at our discretion.
• We will accept products returned due to a change of mind and provide a full refund provided that:
  • you notify us within 7 days of the delivery date of the product by email at accountsteam@365salongroup.com;
  • the product is in a new, unused and resaleable condition; and
  • you return the product to us (at your own cost) within 30 days of the delivery date of the product.
• You will be responsible for additional shipping costs for delivery of any replacement products.
• If we grant you a refund, it will for the purchase price of the products and GST only (excluding shipping and delivery costs and any other charges).
• However, if 30 days has passed since your order was delivered, unfortunately, we will not offer you a refund for a change of mind.

10.        Personal information

• Any personal information provided by you is processed by us in accordance with our Privacy Policy [insert hyperlink to privacy policy].
• By using the Site and providing any personal information, you:
  • consent to such processing; and
  • warrant on a continuing basis that all information provided is true and accurate.

11.        Site changes

• We may, but are under no obligation to, update the Site (wholly or partly) at any time. If the need arises, we may suspend or cease access to the Site, our social media pages or any websites linked to the profiles of Third Party Providers.
• Any of the content or information provided on, or via the Site, our social media pages, or any websites linked to the profiles of Third Party Providers may be out of date at any given time, and we are under no obligation to update it, unless required to do so by law.

12.        Policies and guidelines

You must comply with our policies and guidelines as applying from time to time.

13.        Content guidelines

• You must not publish any Third Party Content or User Generated Content (as the context permits) that:
  • are in a language other than English;
  • contain confidential information;
  • are, or could reasonably be considered to be, vulgar, offensive, inappropriate, indecent or obscene, pornographic or sexually explicit, harassing, threatening or abusive, inflammatory, hateful or disparaging, seditious, blasphemous, in breach of another person’s privacy (such as by disclosing personal or identifying details of another person without authorisation) or otherwise objectionable according to the dictates of good taste and social acceptability (including by promoting, advocating, or seeking to incite racial hatred or discrimination based on race, sex, disability, age, religion, nationality, sexual orientation or an unlawful or illegal act);
  • are inaccurate, misleading or deceptive or fraudulent (including as a result of you having impersonated another person or misrepresented your identity);
  • are defamatory or harmful to another in any way, including by causing unreasonable embarrassment, annoyance, distress or alarm to another individual, including us or our employees;
  • are illegal or unlawful, including as a result of their infringement or contravention of intellectual property, or other rights or laws, regardless of their source;
  • contain any viruses or malware, including keystroke loggers or other spyware, or similar computer code, files or programs designed to adversely affect, interrupt, destroy or limit the operation or functionality of any computer software or hardware or telecommunications equipment in any way;
  • include unauthorised, unsolicited or undisclosed advertising or promotional materials, including excessive commercial references;
  • are misleading, deceptive or fraudulent statements, including by improperly holding themselves out as being or relating to decrees or announcements by governmental, statutory, or municipal authorities;
  • are designed to give the impression that the Third Party Content or User Generated Content originates from us;
  • are aimed at disparaging or damaging the reputation or goodwill of our business, the Site, our social media pages, or any of our directors, officers, affiliates, employees, partners and representatives, and third parties connected to us;
  • to the extent applicable to your User Generated Content, amounts to a false testimonial; or
  • constitute or comprise any other material whatsoever which contravenes these Terms.
• By publishing or listing Third Party Content or User Generated Content on, or via, the Site, or our social media pages, all rights, title, and interest in the Third Party Content or User Generated Content (and all intellectual property rights contained therein) will automatically vest in us absolutely.

14.        Third party websites

• The Site or any Third Party Content or User Generated Content may link to other websites, social media pages, services, products or resources and they may contain links to the Site. In this regard:
  • they are not under our control and are not maintained by us;
  • we are not responsible, and accept no responsibility, for them, or for any loss or damage that may arise from your use of them (notwithstanding anything else);
  • we only provide such links for your information and convenience; and
  • we do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).
• Your linking to or from these sites, or use of, or reliance on, such websites, social media pages, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other websites or third party suppliers that you visit or transact with.

15.        Linking to our Site

• You may link to our homepage, provided you obtain our prior written consent. You can request our consent by sending us an email at accountsteam@365salongroup.com.
• Your links must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
• You must not establish a link from any website that is not owned by you.
• The Site must not be framed on any other site, and you may not create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.

16.        Intellectual property

• The following aspects of the Site and our social media pages are protected by copyright, trade mark and other intellectual property laws: information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases and control features (collectively, IP Content).
• We are the owner or the licensee of all intellectual property rights in the Site, the IP Content, the Third Party Content and the User Generated Content.
• Subject to clause 16(b), you may print off copies, and download extracts, of any pages from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.
• You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content separately from any accompanying text.
• Any opinions, advice, statements, services, offers, or other information or content expressed or made available by visitors, users or third parties are those of the respective author, distributor or advertiser, and not us.
• You must not use, copy, modify or reproduce any part of the materials or code on, or contained within, the Site, or any of our social media pages, for commercial purposes without obtaining an express licence to do so from us.
• If you print off, copy or download any part of the Site or any of our social media pages in breach of these Terms:
  • your right to use the Site and our social media pages will cease immediately; and
  • you must, at our discretion, return or destroy any copies of the materials you have made.

17.        Limited licence

• We grant you a limited, revocable, and non-exclusive licence to access this Site for your personal use (Licence).
• This Licence does not permit, and you are, therefore, restricted from:
  • publishing, distributing, transmitting, selling, licensing or downloading the whole or any part of the Site or IP Content (except caching or as necessary to view the Site);
  • making any use of the Site or IP Content other than for personal use;
  • modifying or creating any derivative works based upon the Site or IP Content; or
  • using software robots, spiders, crawlers, or similar data gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on our infrastructure.
• Any unauthorized use by you of this Site or IP Content automatically terminates the limited licence set out in this clause without prejudice to any other right or remedy available to us under these Terms or any applicable laws.

18.        Liability

• The IP Content, User Generated Content or Third Party Content displayed on or via the Site, our social media pages or those of any Third Party Providers, any websites linked to the Site or the profiles of Third Party Providers or any other links in relation to the products or services contained therein are provided ‘as is’ and without any guarantees, conditions or warranties as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose.
• It is your responsibility to determine that the Site:
  • meets your personal needs; and
  • is suitable for the purposes for which it is used.
• To the extent permitted by law, we, and our directors, officers, affiliates, employees, partners and representatives, exclude:
  • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  • any liability to you or any third person, however arising (and whether arising under statute, in tort (for negligence or otherwise)), breach of contract or otherwise, even if foreseeable for:
    • any loss of or damage to any property belonging to you or any third person, or personal injury or death to you or any third person;
    • special, indirect or consequential loss or damage; or
    • loss of income, revenue or profits, loss or interruption of business, loss of contracts, loss of anticipated savings, loss, damage or corruption of data, loss of use, loss or privacy, loss of goodwill, wasted management or office time, loss of opportunity or expectation loss, loss of production and for any other loss or damage of any kind,

in any way connected with the Site, the products or services, or in connection with the use, inability to use, or results of the use of the Site, any social medial pages and websites linked to or from it and any IP Content, User Generated Content and Third Party Content posted on, or via, the Site (or on, or via, our social media pages or those of any Third Party Providers or any websites linked to the Site or the profiles of Third Party Providers).

• Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions, or impose obligations on the supply of goods and services through or by means of the Site which cannot be excluded, restricted or modified except to a limited extent.
• If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Australian Consumer Law, our liability is limited, and if any liability remains it will be limited to any one or more of the following in our discretion:
  • in the case of any products, the replacement or repair of the products, or the supply of equivalent products, or the payment of the cost of repairing or replacing the products or supplying equivalent products; and
  • in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
• You indemnify us, and our directors, officers, affiliates, employees, partners and representatives, from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, as a result of, or which is directly or indirectly related to:
  • the use of the Site, our social media pages or those of any Third Party Providers or any websites linked to the Site or the profiles of Third Party Providers or any other products or services accessed via, or associated with, the Site (or our social media pages or those of any Third Party Providers or any websites linked to the Site or the profiles of Third Party Providers);
  • a breach of these Terms; or
  • an infringement of any rights of another, including privacy rights and intellectual property rights.

19.        Customer support

• You acknowledge that we have no obligation to provide you with customer support of any kind.
• However, we may provide you with customer support from time to time, at our discretion, provided you submit your enquiries to accountsteam@365salongroup.com or call 1300 365 350.

20.        Viruses and hacking

• You must not misuse the Site by introducing viruses, trojans, malware or other material, which is malicious or harmful.
• You must not gain, or attempt to gain, unauthorised access to:
  • the Site;
  • the server on which the Site is stored; or
  • any server, computer or database connected to the Site.
• We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material, due to your use of the Site or your downloading of any material or content posted on it, or on any website linked to it.
• We recommend that all Internet users ensure they have up to date virus checking software installed.

21.        Suspension and termination

• We may, at any time and at our discretion, with or without cause or any notice to you, terminate, suspend or block your access to:
  • any Account or Password (whether chosen by you or allocated by us);
  • the Site (or our social media pages or any websites linked to the profiles of Third Party Providers); and
  • any products and services offered on, or via the Site, our social media pages, or any websites linked to the profiles of Third Party Providers.
• Cause for such suspension or termination may include:
  • breaches or violations of these Terms, our policies and guidelines (including our Privacy Policy [insert hyperlink to privacy policy]), and any other agreements entered into between the parties;
  • requests by a court or law enforcement or other government agency or regulatory body;
  • discontinuance of the Site or any websites linked to the Site (or any part of them); or
  • unexpected technical or security issues or problems.
• You agree that all such suspensions or terminations will be made at our discretion, and we will not be liable to you or any third party for any such suspension or termination.

22.        Force majeure

• We are not be responsible for any delay, suspension or failure to provide the Site (or any websites linked to the Site) arising out of a Force Majeure Event.
• Force Majeure Event means an event or circumstance:
  • that is beyond the reasonable control of a party;
  • which that party is not reasonably able to prevent or overcome; and
  • which prevents that party from performing a material obligation under these Terms,

including, subject to satisfaction of the foregoing:

• extreme weather events, fire, flood, explosion or natural disaster;
• acts of war, riots, terrorism or vandalism;
• failure or shortage of supplies, equipment, materials or essential utility;
• pandemic, epidemic or other widespread threat to human health (including an outbreak or recurrence);
• computer hacking, internet interruption or virus or malicious damage;
• strike, embargo or industrial disturbance; and
• a change in applicable law.

23.        No waiver

• A failure by us to:
  • insist upon strict performance of your obligations under these Terms; or
  • exercise any of the rights and remedies we are entitled to under these Terms,

at any time, will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.

• If we waive a default, this does not constitute a waiver of any subsequent defaults.
• No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.

24.        Severability

• If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will be severed from the remaining terms to the extent of the invalidity, unlawfulness or unenforceability.
• The rest of these Terms will continue to be valid, lawful and enforceable.

25.        Entire agreement

• These Terms, our Privacy Policy [insert hyperlink to privacy policy], and any documents referred to in them, constitute the entire agreement between the parties, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreements, between the parties relating to the subject matter.
• Each party acknowledges that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
• We may assign or sublicense any of our rights or obligations under these Terms at any time without obtaining your consent.

26.        Variations

• We reserve the right, in our discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time.
• Notification of the changes to these Terms will be posted on the Site. The changes will be effective immediately, unless expressed otherwise.
• It is your responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site. Your continued use of the Site will be deemed as your acceptance.
• The current version of these Terms is always available on the Site.

27.        Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship, is intended or created between you and us by these Terms.

28.        Governing law

These Terms are governed by the laws of Victoria, Australia and each party submits to the exclusive jurisdiction of the courts of Victoria, Australia.