Terms of service
wayvee hair ("we" "us" "our") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following terms and conditions;
wayvee hair is a trading name under company number (ABN) 7339 4254 957.
Browsing, accessing or using the website or by using any facilities or services made available through it or by transacting through or on it you acknowledge and warrant that you have read, understood and agree to be bound by the Terms of Use. The Terms of Use form a legally binding agreement between wayvee hair and you. If you do not agree to the Terms of Use you must leave the website and not access or use it again.
Our services
We'll do our best to prevent any delays or interruptions to the website, but we cannot promise that the website will be available at all times. We may stop the operation of part of the website or all of it, at any time and without telling you. However, we will not be responsible for any loss, cost, damage or liability that may arise as a result. We try to make sure the content on the website is accurate, but we do not guarantee this. The content is also general in nature and does not constitute advice in any way.
Intellectual property
This site is owned and operated by wayvee hair and our related companies. All materials appearing on this site (unless specified otherwise) including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of or used under license by wayvee hair.
The intellectual property rights in all content made available to you on or through this site remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors.
You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format any of the content or copies of the content supplied to you or which appears on this site nor may you use any such content in connection with any business or commercial enterprise. All rights not granted herein are also reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
No commercial use
This Site is for your personal non-commercial use only. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this website.
Liability
Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, wayvee hair, nor any of its officers, directors, employees, contractors, agents, information providers, suppliers, associated entities or clients will be liable for any loss, damage, cost or expense (including consequential loss or damage) to any person or entity however caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any Website Material or otherwise as a result of or in connection with the use of this Website or any Website Material.
We will not be liable to you or any third party for any loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation in contract, under statue or otherwise, including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
Contact us
If you have any questions relating to these terms of use, please contact us by emailing hello@wayvee.com.au.
Free woven bag with your first order
We're giving away a free woven mini bag with your first ever wayvee order. No need to add a code. The bag will automatically be added to your order. This promotion is available until stocks lasts, and only applies to your first order made on www.wayvee.com.au. Colours will be chosen at random.
Instagram launch competition
This Competition is run by WAYVEE HAIR ABN 7339 4254 957 trading as WAYVEE HAIR (referred to in these terms as “we”, “us”, and “our”).
COMPETITION TERMS
Please take the time to read the terms that apply to your participation in the Competition, as your entry means acceptance of these terms.
All instructions and other information published on our website or social media platforms in connection with this Competition will form part of these terms.
PROMOTIONAL PERIOD
Entries will be open from 20/08/24 at 9:00am AEST until 20/09/24 at 11:59am AEST.
After the end date, no further entries will be permitted, and we take no responsibility for late, incomplete or incorrectly submitted entries.
ELIGIBILITY
Entry is open to Australian residents over the age of 16 who are not directly associated with our business (e.g. employees, contractors, affiliates, management or directors, or family members of any of these persons). In order to enter, you must have an active Instagram account.
ENTRY
To enter, you must comment tagging a friend, save the competition post and both be following @wayveehair on Instagram.
If you do not follow this process or if we deem that your entry is invalid, incomplete, fraudulent or inappropriate, your entry will be considered void.
It is a condition of entry that all eligible Entrants consent to receiving marketing communications from us and any prize supplier and not opt out during the Promotional Period.
You are permitted to enter as many times as you wish by tagging as many of your friends as you want.
We reserve the right amend the Competition Terms and Conditions at any time. It is the responsibility of the customer to ensure that they are aware of the latest terms and conditions.
You understand that we may disqualify an Entrant or cancel the Competition at our discretion and subject to any applicable law.
You acknowledge that the outcome of the Competition is final and we will not enter into any communication with you with regard to the administration, rules or results of the Competition.
PRIZES
Winner selection will take place on Tuesday September 24 at WAYVEE HAIR HQ, VIC, and will be determined by RandomDraws.com.au - a random draw system that is government verified and compliant in all states of Australia.
We will keep a certificate of the draw on hand for audit and compliance purposes. This certificate can be requested at any time.
The Winners will each receive:
1 x Linen Hair Towel Hot Pink from wayvee hair.
Total prize value: $159.9
WINNER SELECTION AND NOTIFICATION
Winner selection will take place on Tuesday September 24 at 9:00am AEST.
Winners will be notified on Tuesday September 24 at 5:00pm AEST via Instagram direct message.
You acknowledge that our decision is final and we will not enter into any communication with you with regard to the administration, rules or results of the Competition including but not limited to any decision made in relation to eligibility.
WINNER RESPONSES, UNCLAIMED OR FORFEITED PRIZES
We may request that the Winner/s provide proof of identity, proof of age or proof of residency prior to awarding any prize.
If the Winner does not provide the requested proof within 14 days of being selected as a Winner, or does not accept the prize within this timeframe, they may be deemed to have forfeited their entitlement to their prize. In those circumstances, we reserve the right to reallocate the prize in accordance with the Prize Conditions below.
By participating in the Competition, you acknowledge that if you are a Winner, you:
• consent to us and any prize supplier using your name, likeness, image, voice and entry in any marketing and promotion of the Competition or our/their business;
• agree to comply with, and use the prize in accordance with, the supplier’s conditions and requirements;
• agree that the prize is not transferable or exchangeable and cannot be taken as cash; and
• understand that if the prize is unavailable, we reserve the right to substitute it with another prize of the same or similar value or specification as the original prize.
PRIZE EXCLUSIONS
The following exclusions apply to the prize/s:
Winners are solely responsible for payment of any applicable taxes, fees and other assessments on the Prize as well as reporting any Prize to the appropriate taxing authority for tax purposes, as required.
PERMIT
Where the Competition is a game of chance, we will operate it in accordance with the relevant State and/or Territory laws.
PRIZE CONDITIONS
By participating in the Competition, you acknowledge that, in order to claim the prizes, you will need to respond to us via return Instagram DM by Tuesday October 1 and provide all information we reasonably request in order to facilitate delivery of the prizes.
You accept and agree that the prize is not transferable or exchangeable, cannot be taken as cash, and cannot be used in conjunction with any other discounts or special offers.
If, due to reasons beyond our reasonable control, if the Prizes or any part thereof is unavailable, we reserve the right to award a prize of equivalent value and specification as the original prize.
You consent to us and any prize supplier using your name, likeness, image, voice and entry in any marketing and promotion of the Competition or our/their business.
You agree to comply with, and use the prize in accordance with, the supplier’s conditions and requirements;
INTELLECTUAL PROPERTY RIGHTS
By participating in this competition and submitting user-generated content (such as photos, videos, or written entries), participants agree to grant to us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display the content for the purposes of the competition, promotional materials, and related marketing activities and future promotions.
Participants represent and warrant that they are the rightful owners of the submitted user-generated content or have obtained all necessary permissions, licenses, and consents from the relevant rights holders. Participants further confirm that their content does not infringe upon any third-party intellectual property rights, privacy rights, or any other proprietary rights. If the Promoter becomes aware of or believes that there has been a breach of any warranty contained in these terms and conditions, we may deem the prize winner ineligible.
We acknowledge that participants retain their ownership rights to the user-generated content submitted for the competition, subject to the granted license mentioned above.
However, we shall have no obligation to display or use the content beyond the purposes of the competition.
Participants understand and agree that we may attribute their name or social media handle alongside their user-generated content when used in relation to the competition or promotional materials.
We reserve the right to remove or disqualify any user-generated content that violates intellectual property rights, is deemed inappropriate, or does not comply with the competition terms and conditions. In such cases, the participant may be disqualified from the competition without prior notice.
Participants acknowledge that we assume no responsibility for any unauthorised use or infringement of third-party intellectual property rights resulting from the submission or use of user-generated content.
PRIVACY AND MARKETING CONSENT
All personal information is handled in accordance with these conditions and our Privacy Policy.
As a condition of your participation in the Competition, we may collect your personal information to enable us to manage, administer and promote the Competition and, where applicable, announce and publicise the Winner details.
This personal information may also be provided to persons assisting us, including prize suppliers and deliverers, marketing agencies, media outlets and related businesses, for the purposes of carrying out future promotional campaigns and providing information about our products and services. By participating in the Competition, you consent to these uses and disclosures of your personal information.
On entry, you also consent to the retention of your personal information for our use from time to time to let you know about news, offers, products and services that you may be interested in, through any medium. You acknowledge that we may collect and disclose your information to third parties that provide us with data analysis and matching services, as well as general marketing services.
It is a condition of entry that all Eligible Participants consent to receiving marketing communications from us and any prize supplier and not opt out during the Promotional Period.
After the Promotional Period, you may unsubscribe from marketing communications at any time.
By participating in the Competition, you acknowledge that if you are a Winner consent to us and any prize supplier using your name, likeness, image, voice and entry in any marketing and promotion of the Competition or our/their business.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors, nor any other Promoter, responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your entry into the Competition and/or the prizes.
Our liability for any breach of a condition or warranty under these terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
To the extent permitted by law, we do not accept any responsibility, and are not liable for:
a) any additional conditions imposed by third party service providers on the taking of the Prize, or the breach of those conditions by any person and the consequences, which may follow;
b) any element of the Prize which is cancelled or delayed, or where the location is changed (if applicable), or any other occurrence which is out of our reasonable control.
The Promoter shall not be held liable for any delay or failure in performance of any part of the Competition due to events beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, governmental actions, pandemics, labour strikes, and other unforeseen events (collectively referred to as 'Force Majeure'). In the occurrence of such Force Majeure events, the Promoter reserves the right to cancel, postpone, or modify the Competition as necessary, while making all reasonable efforts to minimise the impact on participants.
The Promoter also acknowledges that technical issues, including but not limited to software malfunctions, hardware failures, internet disruptions, or other electronic or technical problems (collectively referred to as 'Technical Issues'), may occur.
While the Promoter commits to taking reasonable steps to prevent and address such Technical Issues, it shall not be held liable for any impact these issues may have on the entry, execution, or outcome of the Competition. In the event of significant Technical Issues, the Promoter reserves the right to extend entry periods, postpone or modify elements of the Competition, or take other appropriate measures to ensure fairness and integrity of the Competition.
In both Force Majeure and Technical Issues scenarios, the Promoter will communicate any changes or impacts to the Competition to participants as soon as practicable, through the same channels used to promote the Competition or through direct communication to affected parties.
Except for any liability that cannot be law be excluded, we (including its respective officers, affiliated companies, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity) of any kind; whether direct, indirect, special or consequential, arising in any way out of or connected to the Promotion or these Terms and Conditions.
Eligible Participants agree that we will not be liable for any injury or damage, howsoever caused, associated with or in connection with the Promotion or the Prize.
SOCIAL PLATFORMS
The Competition is in no way sponsored, endorsed, administered or associated with Instagram or Facebook (Platforms). You agree to release the Platforms from any liability, all claims and demands arising out of, or in connection with, your participation in this Competition or any of the prizes offered. You further agree to any rules or guidelines stipulated by the Platform relating to the use of the Platform and your participation in any Competition.
SEVERABILITY
If any term or provision of these terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these terms will remain in full force and effect.
GOVERNING LAW AND JURISDICTION
All terms shall be construed in accordance with and governed in all respects by the laws of Victoria, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.
