Terms of Use

The Points and Rewards service, website, app, platform and any service offered under the name “Hair Club” (“Platform”) is operated by Your Salon Support Pty Ltd (ACN: 673 440 456) and its related entities or body corporates (“us”, “we” and “our”).

Your use of this Platform and participation in the Points Programme 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 constitutes your acceptance and acknowledgement of these Terms of Use, our 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.

Any time you visit the Platform, grant or accept Points through the Platform, or enter into any transaction on the Platform whatsoever, you are taken to accept these Terms of Use.

These Terms of Use will prevail over any other terms or agreement between you and us.

To be a Partner Hair Salon within the Points Programme for Hair Club you must:

By visiting, registering, or using the Platform in any way, you warrant to us that you meet the requirements above. If the above requirements are not met, it will be a material breach of these Terms of Use.

You need to register an account on the Platform to act as a Partner Hair Salon. We may need to ask you for further information about your business and to verify you. 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.

Where the Platform allows you to upload any Uploaded Content (which includes your branding), you:

You agree that we can store Uploaded Content on our servers but it is your responsibility to back up any Uploaded Content to your own systems. We do not guarantee that the Platform will always be available at all times.

To the maximum extent permitted by law, you release us and indemnify us from any claim or loss in relation to Uploaded Content being stored on our servers.

In using the Platform, you must:

Hair Club Members shall earn Points by purchasing products or services from you. You are responsible for providing and distributing Rewards to Hair Club Members that have earned sufficient Points. You acknowledge and accept a direct responsibility to Hair Club Members to distribute the Rewards that they have earned through Points. 

Every time a Hair Club Member purchases any products or services from you using the Platform or in which the Platform is used to earn Points, the Hair Club Member and you enter into a separate Sales Agreement with one another for the Hair Club Member to buy, and for you to sell, the relevant product or service in exchange for the relevant price.

You acknowledge, agree and warrant to us that:

You agree to pay us all applicable Fees for Partner Hair Salons as advertised on the Platform. You must pay membership fees monthly in advance and the activation fee when invoiced. 

All payments and Fees payable in connection with the Platform must be paid using the payment processor currently being used on the Platform. You may be required to create an account with the payment processor and accept their terms of use.

Any Fees are strictly non-refundable unless we determine otherwise, which we may do at our sole discretion and on a case-by-case basis.

Notwithstanding the fee structure set out in these Terms of Use, we reserve the right to modify a Fee, provided we give you advanced notice and the modified Fee shall not take effect until the next renewal of the Term.

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.

Except where otherwise indicated or implied by context, we are the sole owners or licensees of all intellectual property comprised in the Platform (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 Platform content.

You acknowledge and agree that the Platform 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 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 content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.

As between the parties, we are the sole owner of all Hair Club Member Data entered into or gathered through the Platform by Hair Club Members, their use of the Platform and their earning of Points. You acknowledge that we may use Hair Club Member Data for our own business purposes, including but not limited to analytics and sale to third parties. 

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.

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:

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.

We warrant to you that:

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 the Services.

You acknowledge that when you use the Platform 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 User or their goods and services, and any rating information displayed on the Platform consists of statements of opinion and not statements of fact or recommendations.

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:

Our liability arising in connection with these Terms of Use or the Platform is limited as follows:

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 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 your business. 

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 11 are cumulative to one another.

To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.

In this clause:

The initial term of these Terms of Use is 12 months, and these Terms of Use automatically renew for successive 12 months terms unless either party gives at least 30 days’ notice to the other party before the next renewal date.

Either party may terminate on notice to the other party where the other party has committed a material breach of these Terms of Use and has not remedied within 30 days of notice to do so. 

Either party may terminate these Terms of Use if the other party is Insolvent. 

Termination or expiry 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.

During the term of your participation as a Partner Hair Salon and for 12 months afterwards, you must not in any jurisdiction where you have used the Platform, build or create any product or service that is competitive to the Platform or that allows your consumers to earn points, rewards or act as a loyalty scheme. 

You acknowledge and agree that this is a fair restraint on trade as part of the services offered to you, and that we would not contract with you without this restriction. 

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 4 (Uploaded Content), 9 (Intellectual property rights), 11 (Disclaimer and limitation of liability), 12 (Release and indemnity) and all indemnities, releases, exclusions of liabilities and disclaimers.

In these Terms of Use: