If you have a medical emergency please stop now and contact local emergency services. If you are in Australia dial 000. If you are overseas, and don’t know who to call, we recommend you contact the Australian Government’s 24-hour Consular Emergency Centre on +61 2 6261 3305.
In these Terms, ‘us’, ‘we’ and ‘our’ means Hairyhair (ABN 38 794 311 371)
1. What is Hairyhair?
Hairyhair is a specialised online service that provides confidential doctor consultations and prescription medication for medically proven hair loss treatments.
Our website content and any communication you have with Hairyhair representatives (other than information you receive from our doctors) should not be considered medical advice, or taken to mean that any particular medication or treatment is safe, appropriate, or effective for you.
You must be a registered member to make orders on our website.
You consent for us to contact you by email or phone if and when the need arises using the email address and phone number you provide when creating your Hairyhair account or the email address and phone number you provide when you request a free hair loss fact book. You agree that all information that you provide to our doctors will be true and complete to the best of your knowledge and that you will not purposefully omit to provide any information that could reasonably be judged to be potentially relevant to our doctors in providing the service. It is also your responsibility to inform your existing doctor of any medicines your Hairyhair doctor prescribes for you.
You should not register or complete medical questionnaires on behalf of anyone other than yourself. You agree that you will not create more than one Hairyhair online account.
When you register your account, you will be sent a temporary password. You are responsible for changing this password and creating your own password from our online clinic. You are responsible for keeping this password secure and are responsible for all use and activity carried out under your account. If you suspect, or become aware of, any unauthorised use or misuse of your account or any other breach of security in relation to your account, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
If you are under the age of 18 years, you may not create an account or register as a member. If you are over the age of 18 years, you may create an account or register as a member, provided that you:
- are within Australia at all times while accessing and/or using our website and related services;
- possess the legal right and ability to enter into a legally binding agreement with us; and
- agree and warrant to use the website in accordance with these Terms.
Hairyhair doctors do not work full time for Hairyhair. They work independently but are engaged by Hairyhair to complete patient consultations. They are remunerated per consultation completed.
Hairyhair doctors take exactly the same personal responsibility for each patient as they would if they were seeing a patient face to face. The online nature of the Hairyhair service in no way diminishes the professional obligations that doctors owe to a patient.
To the extent permitted by law, Hairyhair makes no warranties, whether expressed or implied, as to the content of any medical consultation conducted through our service. You and your doctor are solely responsible for all information and/or communication sent during a consultation or other communication. Your doctor will keep a record of their consultation with you.
Hairyhair does not guarantee that an online consultation is the appropriate course of treatment for your particular health care problem. You agree to contact your own doctor immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.
To the extent permitted by law, the services are offered on an “as is” basis and used by the patient solely at his or her own risk. Hairyhair may, among other things and without notice, withdraw, suspend or discontinue any functionality or feature of its services.
You agree that any medicine a Hairyhair doctor prescribes will be solely for your own personal use and that you will not allow any other person to take the medicine.
You agree that before taking any medicine that a Hairyhair doctor has prescribed you will read all the information that a Hairyhair doctor has provided you with either online or in printed form, you will read the medical information leaflet (if any) that accompanies the medicine or is sent to you by email and you will follow any advice that the dispensing pharmacist provides you with. If the advice that the dispensing pharmacist provides you with contradicts the advice provided by a Hairyhair doctor, you agree that you will contact Hairyhair for further advice before taking the medicine.
You agree that if a Hairyhair doctor prescribes a medicine and you suffer from any noticeable side-effects, you will contact Hairyhair to allow a Hairyhair doctor to fulfil their duty of after-care and provide advice on how best to deal with the side effect.
You agree that by requesting treatment you formally give your informed consent for a Hairyhair doctor to prescribe that medicine and that you have read the information provided on the Hairyhair website about possible side-effects, contraindications and the effectiveness of the medicine you are requesting.
Hairyhair is not a pharmacy and therefore does not dispense any medicines. Our partner pharmacies will dispense the prescription medication with the presentation of an original script filled by one of our Australian registered medical practitioners.
Hairyhair securely stores data online and uses Secure Sockets Layer to provide users secure and private access. As part of the Terms you agree to your information being stored in this location and accessed in this way.
Hairyhair has a legal obligation to protect all patient confidential data. Hairyhair is not allowed to share patient confidential data with third parties, including other doctors, who are unconnected to the Hairyhair service without your explicit consent. However, to provide the Hairyhair service to patients it is necessary that both doctors and non-medical staff working at Hairyhair have access to patient medical records and patient confidential data. It is also necessary that for the purpose of maintaining the Hairyhair IT systems to provide access to patient data to Hairyhair’s IT contractors, for the purpose of taking online card payments, and to our pharmacy partners, for the purpose of dispensing the medicine. All access to patient information is kept to the minimum required to allow the safe and effective delivery of Hairyhair’s services.
4. Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms) that may interfere with or damage the operations of your computer systems.
We may, from time to time and upon notice to you, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. To the extent permitted by law, we are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
For certain promotions, additional terms and conditions may apply. If you want to participate in such a promotion, you need to agree to the relevant terms and conditions applicable to that promotion. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
The Hairyhair referral program (Referral Program) allows customers or affiliates of Hairyhair to refer a friend to Hairyhair and to receive a $50 EFTPOS card as a reward.
The Referral Program is available from 01 October 2018 onwards and for as long as the promotion still stands. This promotion may cease to exist at any time or may be amended at any time, please keep an eye on the terms and conditions for any changes.
Your referral person must purchase and commence the subscription for you to be eligible to receive the $50 referral reward. Your referral person cannot already be in Hairyhair’s database or in contact with Hairyhair. Your referral person must to be a brand new customer and cannot be a previous customer of Hairyhair. If the referred person cancels their subscription within the first month of their subscription, the $50 referral reward will not be paid. The $50 referral reward will be paid in the form of an EFTPOS card and will be mailed to the address in your account, you can update this address through your online clinic account. The $50 EFTPOS card will be sent after your referral person stays as a member for at least 1 month.
Hairyhair reserves the right to determine whether account holders have met all the requirements of this Referral Program as well as to disqualify any accounts which it deems has infringed any of the terms and conditions of this Referral Program, including by providing false or misleading information. Hairyhair?s decision is final and no correspondence will be entered into.
If for any reason this Referral Program is not capable of running as planned (including but not limited to technical failures, unauthorised intervention, fraud or any other causes beyond the control of Hairyhair), which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Referral Program, Hairyhair reserves the right at its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Referral Program.
Without limitation to the foregoing, Hairyhair at its total discretion may occasionally provide discount voucher codes to customers. If these voucher codes are provided personally to a customer, they may not be passed on to or used by any other customers. If these voucher codes are provided to the general public with our express authority, they may be used by anyone. These voucher codes can only be used towards the payment of products purchased from our website. Every voucher code can only be used once per customer and may not be used in conjunction with any other discounts we offer. Unless otherwise stated all voucher codes expire 1 month after publication. Hairyhair will determine the content of terms governing voucher codes in its absolute discretion and may amend these terms at any time.
You may purchase one or more subscriptions from the options available on our website. All subscriptions include a 3 month supply of prescription medication and automatically renew unless cancelled at least 5 days before the next billing date or subsequent subscription period.
You will be charged the subscription price at the time a checkout is completed. All subsequent charges will occur on a month by month basis thereafter, unless cancelled by giving us at least 5 days’ notice before your next billing date or subsequent subscription period. Subject to any additional rights you may have at law (including under the Australian Consumer Law), the subscription price will be refunded only if:
- a Hairyhair doctor declines the request (the decision to approve or reject a request is at the doctor’s absolute discretion);
- an item you have ordered is out of stock; or
- a product or pricing error is identified.
All charges and prices as shown on our website are in Australian Dollars and inclusive of GST where applicable and delivery charges. Medicare benefits are not claimable for any Hairyhair service.
We do not take refunds on any of our products once they have been dispatched. Due to state health regulations general medicines and prescriptions including any preparation that is taken orally cannot be returned or refunded. This is because once the product has left the pharmacy, the storage conditions of the product cannot be guaranteed and also it is possible the product could be tampered with. Refunds, if applicable, will only be made using the online payment gateway to the card originally used for payment.
You expressly authorise Hairyhair to process the payment for the subscription price via your relevant payment method at the time a checkout is completed. We may, upon written notice to you, change the price for your current subscription, to take effect the next time you renew your subscription.
7. Delivery of products
After the doctor has approved your questionnaire assessment, our pharmacy partners will dispense your medicine. Australia Post will then deliver the medicine via Australia Post Express delivery. If your questionnaire does not require further doctor/patient interaction, your medication will be dispatched within two to five business days into the Australia Post Express network.
The delivery standards for Australia Post vary depending on your exact location. For delivery times between specific points, please confirm at Australia Post Express National Network.
We always do our best to dispatch medication on time, but ultimately rely on Australia Post to bring the parcel to your door. Hairyhair cannot be liable for any loss or damage (including but not limited to consequential loss) resulting from a failure to deliver in accordance with these timetables.
All parcels will be delivered to the provided address and will require a signature on receipt. It is recommended to provide a work address for delivery if no one is home during business hours. Due to security issues, the parcel cannot be left unattended. Where no one is home to sign for the parcel, a card will be left detailing the nearest Australia Post outlet where the parcel can be collected during normal business hours.
8. Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
9. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location, and support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
10. No commercial use
This website 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. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
11. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals; or
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
12. Warranties and disclaimers
To the extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure, or warranties or representations with respect to any treatment, information, advice or action relied on or followed by any person using the Hairyhair service.
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND HAIRYHAIR, AND TO THE EXTENT PERMITTED BY LAW, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. HAIRYHAIR AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY HAIRYHAIR ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. HAIRYHAIR DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. CERTAIN STATE AND COMMONWEALTH LAWS, INCLUDING THE AUSTRALIAN CONSUMER LAW, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
We reserve the right to restrict, suspend or terminate your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
To the extent permitted by applicable law, Hairyhair disclaims any liability resulting from the provision of services by third party providers, such as our pharmacy partners. Liability shall rest with the appropriate third party provider and shall not under any circumstance be deemed to rest with Hairyhair.
To the extent permitted by applicable law, Hairyhair disclaims any liability resulting from the provision of services by a Hairyhair doctor. All Hairyhair doctors are solely responsible for the patient’s care. Please don’t direct any health related query to us, discuss it only with a Hairyhair doctor.
Without limiting the application of the exclusions and limitations set out in this section 13, to the extent permitted by applicable law, under no circumstances will Hairyhair or a Hairyhair doctor be liable to you for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of emotional well-being including, but not limited to, any embarrassment caused by your use of the treatments (b) loss of data; (c) loss of revenue or anticipated profits; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or injury to reputation; (g) losses suffered by third parties; or (h) any indirect, consequential, special or exemplary damages arising from the use of the Hairyhair service regardless of the form of action.
14. Prohibition and severance
If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from the agreement and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
15. Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.