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 men’s health platform that facilitates confidential consultations with Australian registered doctors (Doctors) and health practitioners such as pharmacists.
Our website content and any communications you have with Hairyhair representatives (other than Doctors and Practitioners) do not constitute medical advice. You should always obtain medical advice from a Doctor or your regular doctor to ensure any particular medication or treatment is suitable and safe for you
You must become a registered user in order to make orders through the Hairyhair website or attend consultations with Doctors or Practitioners. Each user is permitted to create a maximum of one registered user account. You should not register an account on behalf of anyone other than yourself. Registered users must
(1) be over 18 years old,
(2)be resident in Australia,
(3) be capable of entering a legally binding agreement with Hairyhair and
(4) agree to these Terms.
When you register your account, you will also be required to create a password. 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).
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. You agree that all information that you provide to the Doctors and Practitioners 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 the Doctors and Practitioners in conducting their consultations. It is also your responsibility to inform your existing doctor of any medicines the Doctors prescribe for you.
Hairyhair takes no responsibility and makes no warranties, express or implied, in relation to the content of any consultation between you and the Doctors or Practitioners. You and the Doctors or Practitioners are responsible for the conduct of the consultation and all information or communications made.
The Doctors and Practitioners take exactly the same personal responsibility for you as they would if they were seeing you in person. The Doctors and Practitioners will make notes of their consultation with you and it is their responsibility to hold and maintain your records as required by law. Hairyhair may from time to time hold copies of notes made by the Doctors or Practitioners.
Hairyhair does not guarantee that an online consultation is the appropriate course of treatment for your particular health care problem. This assessment will be made by the Doctors and Practitioners. 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.
You agree that if you suffer from any noticeable side-effects, you will contact Hairyhair to facilitate a further consultation with a Doctor or Practitioner.
Hairyhair is not a pharmacy and therefore does not dispense any medicines. You can fulfil you script through a pharmacy of your choice. In cases where you prefer to use a pharmacy that is partnered with Hairyhair, Hairyhair will facilitate the subscription and payment process.
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.
You may purchase one or more subscriptions from the options available on our website. All subscriptions automatically renew unless cancelled at least 5 days before the next billing date or subsequent subscription period.
You will be charged the subscription price either at the time a checkout is completed or after your consultation with the Doctors or Practitioners. All subsequent charges will occur on a monthly, 3-monthly or 6-monthly basis thereafter, as appropriate, 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 Doctor declines the request (the decision to approve or reject a request is at the Doctor’s absolute discretion);
• our money back guarantee applies;
• 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.
You expressly authorise Hairyhair to process the payment for the subscription price via your relevant payment method at the time a checkout is completed or after your consultation with the Doctors or Practitioners. We may, upon written notice to you, change the price for your current subscription, to take effect the next time you renew your subscription.
We may use third-party vendors to show our ads on sites on the Internet and serve these ads based on a user’s prior visits to our website. We may also use analytics data supplied by these vendors to inform and optimise our ad campaigns based on your prior visits to our website.
While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.
7. 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.
8. Money back guarantee
Our money back guarantee only applies to hair loss subscriptions in accordance with the terms outlined below.
If you are dissatisfied with the Hairyhair service within the first 3 months of use, you may request a refund on your subscription in accordance with the below terms.
The money back guarantee terms and conditions are as follows:
• available only on subscriptions requiring a consultation with a Doctor valued at $210 or more over the course of 3 months;
• you must notify us of your intention to redeem the money back guarantee at least 2 weeks prior to your next scheduled billing date;
• the money back guarantee cannot be claimed on postage and handling ($15) or the Doctor consultation ($25), being $40 in total; and
• you can only make claims under the Hairyhair money back guarantee once throughout your lifetime.
In order to submit a request for the money back guarantee, please:
• send an email to hello@getHairyhair.com outlining the issue; and
• return the empty product packages AND a receipt/proof of purchase to Hairmop Pty Ltd, 4 Mitchell Road, Rose Bay, New South Wales, 2029.
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
By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any third party content or third party website.
To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with our website and its use are hereby excluded. By accessing our website, you agree to indemnify Hairyhair and each of its affiliates for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to the website.
Hairyhair does not warrant that the products and services provided through the website are fit for your intended purpose. All products and services provided through the website are provided on an ‘as is’ basis without warranty of any kind, express or implied.
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 the Doctors and Practitioners. Liability shall rest with the appropriate third party provider and shall not under any circumstance be deemed to rest with Hairyhair.
For the avoidance of doubt and to the extent permitted by applicable law, Hairyhair disclaims any liability resulting from the provision of services by a Doctor or Practitioner. All Doctors and Practitioners are solely responsible for the patient’s care.
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 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.
(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.