Terms & Conditions

This website: cloudninehair.com.au (“Website”) is owned and operated by Cloud Nine ANZ Pty Ltd ACN 65 640 337 015 (“C9 ANZ”, “we”, “our” or “us”) and Master Distributor Ltd, a limited company registered in England under 07079855, part of the Cloud Nine International Group, for the benefit of individuals and entities interested in C9 ANZ’s services. 

These website terms and conditions (“Terms of Use”) apply to your use of the Website and by using the Website you agree to be bound by these Terms of Use.   

Please read these Terms of Use prior to purchasing any products from and/or using our service.   If you do not agree to these Terms of Use, you should not obtain or use information, services or products from this Website. 

If you do not accept these terms and conditions you should not use any website operated under the Cloud Nine brand. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

 If you purchase goods from us, our terms of sale will also apply to you.

How to contact us

We are Cloud Nine ANZ Pty Ltd (trading as Cloud Nine) a company registered in New South Wales. Our company ABN is 65 640 337 015 and our registered office is at Cloud Nine ANZ Pty Ltd, Level 1, 54 Balgowlah Road, Balgowlah, New South Wales 2093, Australia . You can contact us by emailing us at nz-info@cloudninehair.com.  If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.  When we use the words “writing” or “written” in these terms, this includes emails. 

Information

All information displayed on the Website is current at the time of display and any reference to currency is a reference to New Zealand Dollars. We take every reasonable care to ensure accuracy of all information listed. However, C9 ANZ is not liable for any errors in pricing and description. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. 

We may from time to time, before your purchasing of any products from this Website, require you to enter into the relevant agreement for the purchase of the products, and execute all other necessary documents.

Indemnity

To the full extent permitted by law, you agree to indemnify C9 ANZ and keep C9 ANZ indemnified from and against any liability and any loss or damage C9 ANZ may sustain, as a result of any breach, act or omission, arising directly or indirectly of these Terms of Use by you or your representatives. 

Liability

C9 ANZ’s liability is limited, to the extent permissible by law and at its option, to:

a) in relation to products: 

1. the replacement of the products or the supply of equivalent products; 

2. the repair of the products; 

3. the payment of the cost of replacing the products or of acquiring equivalent products; or 

4. the payment of the cost of having the products repaired. 


b) where the products are services: 

1. the supply of service again; or 

2. the payment of the cost of having the services supplied again. 


To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms of Use are excluded and C9 ANZ is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for: 

a) any increased costs or expenses; 

b) any loss of profit, revenue, business, contracts or anticipated savings; 

c) any loss or expense resulting from a claim by a third party; or 

d) any special, indirect or consequential loss or damage of any nature whatsoever caused by C9 ANZ’s failure to complete or delay in completing the order to e) deliver the products. 


C9 ANZ is not responsible and accept no liability for loss or damage arising from Website failures or downtime. These terms and conditions are not intended to exclude or limit the application of any statute (including but not limited to the Competition and Consumer Act 2010 (Cth) (CCA) as amended from time to time and its Schedule 2, the Australian Consumer Law) or any of the provisions of the Consumer Guarantees Act 1993 or the provisions of any other statute or act of New Zealand, where to do so would contravene that statute or cause a provision of these terms to be void. Any stated exclusion or limitation in these terms is only to the full extent permitted at law.

Links

If you wish to establish a link to C9 ANZ Website from your website, you must seek our prior written consent. 

This Website may from time to time contain hyperlinks to other Websites. Such links are provided for convenience only and C9 ANZ is not responsible for the content and maintenance of or privacy compliance in relation to any linked Website. Any hyperlink on our Website to another Website does not necessarily imply our endorsement, support, or sponsorship of the operator of that Website or of the information and/or products that they provide.  

Any individually identifiable information related to this data will be used in accordance with our privacy policy.

Trademark

C9 ANZ’s logos (whether registered or otherwise) and any other affiliated logos owned by or licensed to C9 ANZ may not be used without prior, specific, written consent by C9 ANZ. 

Copyright and Intellectual Property

Copyright in the content on this Website is the property of C9 ANZ or owned by other third parties who have granted licence/s to C9 ANZ. Material on this Website may be viewed and may be reproduced in hard copy for your personal reference. Unless otherwise permitted by law, the material and information on this Website may not otherwise be reproduced or displayed and may not be distributed to any person or incorporated into any other website or materials without prior written approval from C9 ANZ.   

Intellectual property rights for software, scripts, programming code, animation, and processes used in this Website are the sole property of C9 ANZ including without limitation, all copyrights and other proprietary rights inherent therein. 

Security Risk

Third parties may intercept or modify transmissions to and from this Website and it is possible that computer viruses or other defects may be contained in files obtained from or through this Website. C9 ANZ is not liable for any damage that may be a result of your use of this Website or of any linked Website. 

Privacy Policy

All personal information obtained by using C9 ANZ’s Website is governed by C9 ANZ’s Privacy Policy. By using the Website you agree with C9 ANZ’s [Privacy Policy]. If you do not agree to C9 ANZ’s Privacy Policy, you should not provide your personal information to C9 ANZ. 

Upon accepting these Terms and the Privacy Policy you agree that the personal information collected may also be used to promote and inform you on other C9 ANZ products and services, which may interest you. You may notify us at any time that you no longer wish to receive any direct marketing by email: nz-info@cloudninehair.com  

Cookies

Like most interactive websites, this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. Please see our privacy policy (see above) for more details. 

Competitions

We reserve the right to amend these Terms from time to time. These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise. By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All our decisions will be final, and binding and no correspondence will be entered into.

Any person who is an employee or an immediate family member of an employee of Master Distributor Ltd or any other person who is directly connected with the organisation of any competition is ineligible to participate. Competitions are only open to residents of Australia and New Zealand. All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian.

All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons, or received after the closing date. We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent.

By entering a competition with your email address and/or phone number you are automatically opting into marketing communications and agreeing to the terms of our privacy policy. You may opt out at any time. For any further information, please visit our Privacy Policy: https://www.cloudninehair.com.au/pages/privacy-policy 

Entrants are liable for their costs to access computer networks. We will not be liable for or accept any responsibility for: (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any disruption, delay, or misdirection of entries; or (iii) any server, system, or network failures, malfunctioning or inaccessibility.

We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise.

Prizes

If for any reason an advertised prize is unavailable, we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value. Only one prize will be awarded per household. There will be no cash or other alternative to the prize offered and prizes are not transferable. The products purchased on this site are for private and domestic use only and are not for re sale.

Notification

The winner's name will be selected in a random draw, after the closing date, from all entrants. The winner of a prize will be notified within 28 days after the winner has been ascertained. Please allow 28 days for delivery of all prizes. If the winner of the competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made, then we may redraw a new name. For each competition only one prize will be awarded per entrant / email address. Names of winners will be available on request.

Claiming Prizes

Prizes involving Travel: (a) Travel arrangements are the responsibility of prize winners unless otherwise stated; (b) we reserve the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such a winner to choose as a companion someone 18 or over. Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within six months of the date of the competition draw. Where prizes are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such providers. We will have no responsibility for the acts/defaults of any other persons or companies.

General

No waiver of any of these terms and conditions or failure to exercise a right or remedy by C9 ANZ will be considered to imply or constitute a further waiver by C9 ANZ of the same or any other term, condition, right or remedy. 

 C9 ANZ reserves the right to modify any of the Terms of Use and Privacy Policy at any time. 

These Terms of Use are governed by the laws of New South Wales, Australia. If any part of these Terms of Use is found to be invalid or unenforceable, it shall be served without affecting the remainder.