Consumer Policy
Terms of Use – Hair Club
For Hair Club Members
Welcome to the Hair Club
The Hair Club is a new way to earn Points and Rewards through your favourite hair salons across Australia.
Joining Hair Club and these Terms of Use
This website, app, platform, Hair Club Card and any service offered under the name “Hair Club” (“Platform”) is operated by Hair Club and its related entities or body corporates (“us”, “we” and “our”).
If you apply to join the Points Programme or when you the Points you are accepting these Terms of Use.
To be part of the Points Programme for Hair Club:
you must download the Hair Club Card onto you mobile device; and
you must be at least 18 years old (and have the legal capacity to enter into binding contracts) or if you are under 18 years old, you must obtain parent or guardian approval before using the Platform.
In joining the Hair Club you gave consent to us sending you marketing on behalf of us and our Partner Hair Salons from time to time. You may opt out at any time.
Points and Rewards
You can earn Points when you spend money on eligible services or products in participating Partner Hair Salons. Not all products and services sold by our Partner Hair Salons earn Points. Points may only accumulate for a Reward from individual Partner Hair Salons – please check the terms of the Points you are earning.
Your Points will expire if you do not use or redeem them within 12 months of earning.
We may withdraw brands and hair salons that offer Rewards or accept Points at any time. We do not warrant or guarantee that any brands or hair salons that currently offer Rewards or accept Points will always accept Points in the future.
Points have to be used at the Partner Hair Salon they were earned in. Points cannot be transferred or swapped for currency. Points are not tied to the value of any currency. We reserve the right to amend the value of Points at any time in our discretion, though will endeavour to only do so once a year.
Points are personal to you and cannot be transferred or sold to any third party. We reserve the right to immediately cancel or refuse to honour any of your Points that a third party attempts to redeem.
Earned Points are stored on your Hair Club Card. You need to use Hair Club Card to earn and redeem Points and Rewards, and we do not offer an alternative method. If you lose access to your device or the Hair Club Card then you may lose earned Points.
Time is not of the essence in the delivery or fulfillment of Rewards. We reserve the right to delay or downgrade any earned Rewards at any time and for any reason.
Rewards cannot be substituted for currency or any other products or services.
Rewards are provided by the Partner Hair Salon and not us. You will not hold us liable for the failure of any Partner Hair Salon to honour a Reward that you have earned through Points.
Terms of Use
Your use of this Platform is subject to these Terms of Use (“Terms of Use”). The Terms of Use constitute a binding legal agreement between you and us, and your continued use of the Platform and participation in the Points Programme constitutes your acceptance and acknowledgement of these Terms of Use, our Privacy Policy yssloyalty.com/privacy-policy and any other policy displayed on the Platform, all of which constitute a part of the Terms of Use. If you do not agree to the Terms of Use, you must not use the Platform.
We may amend or modify the Platform, the Terms of Use and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective 14 days after publication on the Platform. Your continued use of the Platform and participation in the Points Programme indicates your continued acceptance of the Terms of Use as modified.
These Terms of Use will prevail over any other terms or agreement between you and us.
Registration
You are required to register an account with us to participate in the Points Programme. We may refuse, review or cancel any account registration at our discretion.
When you register and activate your account, you may provide us with personal information such as your name and email address and other details. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
You are responsible for keeping your account credentials secure, and you are responsible for all use and activity carried out under your account. You must not share your account credentials with any third party. We do not authorise anyone to use the service on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.
You must not impersonate some other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended or terminated, and we may take such further action as we deem necessary.
Your Conduct
In using the Platform and participating in the Points Programme, you must:
always act courteously and politely with us and our Partner Hair Salons;
strictly comply with any policy displayed on the Platform;
obey all laws whatsoever (including international law) which may apply in respect of your use of the Platform or participation in the Points Programme;
not take any action that is likely to impose upon the Platform (or our servers, or the servers of our or third-party providers) a disproportionately large load;
not interfere with the proper working of the Platform or any activities conducted via the Platform, including by using any automated or manual software or process to "crawl", "spider" or engage in similar conduct in relation to the Platform;
not collect content or information from the Platform, or otherwise access the Platform, using automated means, such as through harvesting bots, robots, spiders, or scrapers;
except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Platform;
not copy the look and feel or designs of the Hair Club Card, the Points Programme or any part of the Platform;
not to do anything:
that may be considered harassment or bullying;
that may result in you, us or any Partner Hair Salon breaching any law, regulation, rule, code or other legal obligation;
that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
that would bring us, a Partner Hair Salon or the Platform into disrepute;
that infringes the rights of any person;
that you know (or ought reasonably to suspect) is false, misleading, untruthful or inaccurate; or
that contains or constitutes unsolicited or unauthorised advertising (including junk mail or spam).
Services and products of Partner Hair Salons
Users may use the Points to pay or part pay for services or products from Partner Hair Salons.
Every time a User purchases any services or products from a Partner Hair Salon using Points, the parties enter into a separate Sale Agreement with one another for the User to buy, and for the Partner Hair Salon to sell, the relevant services or products in exchange for the relevant price. We are not a party to that contract.
You irrevocably agree that we are in no way responsible for the supply of products or services by our Partner Hair Salons. We are not liable to you for that supply and you will not be entitled to a refund of Points or damages from us in relation to that supply.
You acknowledge, agree and warrant to us that:
the only service we provide to you is access to the Platform and the ability to earn and redeem Points;
a Sale Agreement is a separate agreement directly between the User and the Partner Hair Salon. We are not a party to the Sale Agreement in any way, and its formation will not, under any circumstance, create any relationship of employment, agency, partnership or otherwise between us and you, or us and any Partner Hair Salon;
each Partner Hair Salon is running a separate, independent business from our business. There is no relationship between us and any Partner Hair Salon beyond that of independent contractors;
in relation to each Sale Agreement, it is the Partner Hair Salon, not us, who will be solely liable for the provision of the services or products. We will not be liable for any issue arising with the services or products under any circumstance. You agree that you will not pursue any actions, legal or otherwise, against us for any issue arising in connection with the services or products, and that this provision constitutes a bar to any such actions or proceedings; and
you will not breach any term of the Sale Agreement.
Premium Subscriptions
To use the basic functionality of the Hair Club Card there is no fee payable by you.
We may provide one or more premium subscription plans on the Platform that allow you to use additional inclusions and features during the chosen subscription period (“Premium Subscription”).
You may purchase a Premium Subscription to the Platform by paying a subscription fee as set out on the Platform in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. You must pay us the subscription fee, using the payment service provider currently being used on the Platform, in accordance with these Terms of Use and the payment instructions set out on the Platform from time to time.
We may change the subscription fee or the inclusions of any Premium Subscription from time to time and will communicate any price changes to you. Changes will take effect at the start of the next subscription period following the date of the change. Subject to applicable law, you accept the new price and inclusions by continuing to use the Platform after the price change takes effect. If you do not agree with a change, you have the right to reject the change by unsubscribing from the Premium Subscription prior to the change going into effect.
Your Premium Subscription will automatically renew (and you will be automatically charged the subscription fee again) at the end of the applicable subscription period, unless you cancel your paid subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.
Intellectual property rights
Except where otherwise indicated or implied by context, we are the sole owners or licensees of all intellectual property comprised in the Platform and the Points Programme (including all intellectual property comprised in the Platform content) and any improvements, updates, or modifications of the Platform, and nothing in these Terms of Use constitutes a transfer of any intellectual property rights in or related to the Platform or the Points Programme.
You acknowledge and agree that the Platform, the Points Programme and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.
If you provide us with feedback, comments or suggestions relating to the Platform, the Points Programme or our business, then all rights, title and interest in that feedback, and anything created as a result of that feedback (including new material, enhancements, modification, or derivative works), are owned solely by us, and we may use the feedback for any purpose.
You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Platform or the Points Programme content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.
You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 9 and that equitable or injunctive relief may be necessary.
Third-party sites and services
The Platform may contain links to websites that are owned and operated by third parties. This may include other suppliers and service providers who provide goods or services in connection with a Sale Agreement. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.
You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:
you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;
we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and
you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Platform.
The Platform may utilise, incorporate or depend on other third-party services (including, without limitation, hosting services) and you agree that to the extent permitted by law, we will not be responsible or in any way liable for any interruptions to the availability of the Platform resulting from the failure of such third-party services.
Warranties, disclaimer and limitation of liability
We warrant to you that:
we will provide the Platform with reasonable skill and care; and
you will not be liable to any third party for use of the Platform on the grounds that it infringes their Intellectual Property rights.
To the maximum extent permitted by law, we exclude all Warranties whatsoever unless expressly stated, including but not limited to in relation to any other User of the Platform or any goods or services offered in connection with the Platform or a Sale Agreement.
You acknowledge that when you use the Platform, earn or redeem Points or enter into a Sale Agreement, you do so entirely at your own risk and rely on your own enquiries and judgement.
We do not vet, endorse or recommend any particular Partner Hair Salon or their goods and services, and any rating information (based on other members’ feedback) displayed on the Platform consists of statements of opinion and not statements of fact or recommendations.
We are not liable to you for any failure by a Partner Hair Salon, including but limited to if they lose any of personal information or Points data.
Any advice provided on the Platform is of a general nature only.
To the extent that any law restricts our right to exclude Warranties under these Terms of Use, these Terms of Use must be read subject to those provisions and nothing in these Terms of Use is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, notwithstanding any other provision of these Terms of Use, to the extent that we are entitled to do so, we limit our liability pursuant to such provisions to:
the supply of the services again; or
the payment of the cost of having the services supplied again.
Our liability arising in connection with these Terms of Use or the Platform is limited as follows:
we exclude all liability for consequential, special, indirect or remote loss, including loss of opportunity or business;
our total maximum total liability arising in connection with these Terms of Use is capped to $10,000;
our liability is excluded to the extent that you contributed to the liability;
we exclude all liability for anything you have been aware of for longer than six months and you have not commenced a claim; and
our liability is subject to your duty to mitigate your loss.
We provide the Platform on an “as is” and on an “as available” basis without any Warranties as to continuous, uninterrupted or secure access to the Platform, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have a disruption or other difficulties in using the Platform. You acknowledge that this is a fair disclaimer of liability since you do not rely on the Platform to operate all the time and can spend your Points at another time.
In the event that we terminate the Platform or your access to the Platform pursuant to these Terms of Use, you release us from all liability, Loss or Claims suffered by you as a result of or arising out of such termination.
All subclauses of this clause 10 are cumulative to one another.
Termination
You acknowledge and agree that:
we may terminate your access to the Platform at any time without giving any explanation;
we may terminate these Terms of Use immediately by notice to you in writing if you are deemed to breach these Terms of Use or associated policies in any way, in our sole discretion; and
termination of these Terms of Use or your access to the Platform does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.
You are not under any obligation to use the Platform and you can de-register your Account through the Services at any time.
General
You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use. We may assign, sublicense, novate or transfer our rights and obligations under these Terms of Use at our sole discretion.
If a provision of these Terms of Use is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
These Terms of Use are governed by the laws of New South Wales and each party submits to the exclusive jurisdiction of the courts of New South Wales and all courts of appeal from there.
Any waiver of any term on these Terms of Use by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.
The contents of these Terms of Use constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of these Terms of Use, whether orally or in writing.
A provision of these Terms of Use that can and is intended to operate after its conclusion will remain in full force and effect despite the termination or expiration of these Terms of Use, including without limitation clauses 9 (Intellectual property rights), 11 (Disclaimer and limitation of liability), 12 (Release and indemnity) and all indemnities, releases, exclusions of liabilities and disclaimers.
Definitions
In these Terms of Use:
Agreement means these terms of use and includes any policy on our website (including the Privacy Policy).
Business Day means a day on which banks are open for business in the State other than on a Saturday or Sunday or a public holiday.
Hair Club Card refers to the Hair Club card that is kept in your phone’s wallet, which is part of the Platform, through which you can manage your Points.
Partner Hair Salon means any hair salon, shop or marketplace that has partnered with us to allow the earning and/or redeeming of Points.
Platform means the Hair Club Card, any website, app, platform and any service offered under the name “Hair Club”.
Points means the Hair Club points that you can earn and redeem at Partner Hair Salons.
Privacy Policy means our privacy policy available at yssloyalty.com/privacy-policy.
Rewards means the rewards that you earn through the Hair Club and participating Partner Hair Salons.
Sale Agreement means a binding legal agreement for a Partner Hair Salon to sell services and products to you.
Terms of Use means these Terms of Use which include the Privacy Policy.
Uploaded Content means any content whatsoever that you upload to the Platform or provide to us, including but not limited to any descriptions, reviews, usage data, feedback, comments, chats or media.
User means any person using or registering on the Platform whatsoever.
Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
We, we, us, our means Your Salon Support Pty Ltd (ACN: 673 440 456) and its related entities or body corporates.
You or you mean any person who uses or accesses the Platform to earn Points.