TERMS & CONDITIONS

 

OVERVIEW

This website is operated by Explosive Social Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Explosive Social Ltd. Explosive Social Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 

Please read these Terms of Service carefully before accessing or using our website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new Service, features or tools which are added to the current store shall also be part of the Terms of Service subject to existing contractual arrangements. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. 


Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. ONLINE STORE TERMS

(a) By agreeing to these Terms of Service, you represent that you are at least the age of majority and you have given us your consent to allow any of your minor dependents to use this site.

(b) You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws). 

(c) You must not transmit any worms or viruses or any code of a destructive nature.

  1. GENERAL CONDITIONS

    2.1 Subject to compliance with the law, we reserve the right to refuse service to anyone for any reason at any time. 

2.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

2.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

  1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


3.1 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.  

3.2 We reserve the right to modify the contents of this site at any time, 

  1. MODIFICATIONS TO THE SERVICE AND PRICES

    4.1 Subject to complying with existing obligations, we reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

    5. PRODUCTS OR SERVICES (if applicable)

    5.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.

5.2 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

5.3 Subject to legal requirements:

(i) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. 

(ii) We reserve the right to limit the quantities of any products or services that we offer. 

(iii) We reserve the right to discontinue any product at any time. 

(iv) We reserve the right to refuse any order you place with us. 

(v) We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to  an order, we will attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. 

(vi) We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, re-sellers or distributors.

 

  1. ACCURACY OF BILLING AND ACCOUNT INFORMATION  

6.1 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

6.2 Please refer to our Returns Policy.


SECTION 7 - OPTIONAL TOOLS

7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

7.2 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

  1. THIRD-PARTY LINKS

8.1 Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. 

8.2 Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

9.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

(i) to maintain any comments in confidence;

(ii) to pay compensation for any comments; or

(iii) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

9.2 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

  1. PERSONAL INFORMATION
    10.1 Your submission of personal information through the store is governed by our Privacy Policy.  Please view our Privacy Policy.
  2. ERRORS, INACCURACIES AND OMISSIONS

11.1 Occasionally there may be information on our site or in the Service that contains typographical errors that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any such errors. 

11.2 If any information in any related website is inaccurate at any time without prior notice we undertake no obligation to update, amend or clarify information on any related website. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

  1. PROHIBITED USES

12.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(i) for any unlawful purpose;

(ii) to solicit others to perform or participate in any unlawful acts;

(iii) to violate any international or domestic rules, laws, or regulations;

(iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(vi) to submit false or misleading information;

(vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(viii) to collect or track the personal information of others;

(ix) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(x) for any obscene or immoral purpose; or

(xi) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

12.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

  1. IF THERE IS A PROBLEM WITH THE PRODUCT

13.1 The CGA provides certain guarantees to consumers (as that term is defined in the CGA). These are subject to certain exceptions. The CGA says your Products must be as described, fit for purpose and of acceptable quality (amongst other rights).  You have legal rights where the Products do not meet these guarantees. 

13.2  If you wish to exercise your legal rights to reject Products or to require a failure of the Product to be remedied you must post them back to Us. We will pay the costs of postage or collection.  Please contact our customer services.

13.3 We warrant that on delivery and for the period set out below, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 13.4

Product

Warranty Period (from delivery)

Hair Waver Styling Iron

6 months

 

13.4  This warranty does not apply to any defect in the Products arising from:

  1. fair wear and tear;
  2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
  3. if you fail to operate or use the Products in accordance with the user instructions; and
  4. any alteration or repair by you or by a third party.

13.5 This warranty is in addition to your legal rights in relation to the consumer guarantees implied by the CGA.

 

  1. OUR LIABILITY TO YOU

14.1 We are responsible to you for reasonably foreseeable loss and damage caused by Us. If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a reasonably foreseeable result of Our breaking this contract, but, subject to clauses 2 and 14.3, We are not responsible for any loss or damage that is not reasonably foreseeable.

 

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

 

14.3 We are not liable for business losses. We only supply the Products for private domestic use. If you use the Products for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you are in trade and you are acquiring the Products in trade (as defined in the CGA), you agree that the provisions of the CGA do not apply and it is fair and reasonable that they do not apply.

 

14.4 Except as expressly provided in these Terms and except for any condition or warranty the exclusion of which could be void or otherwise contravene the CGA or any other equivalent consumer law in New Zealand, We disclaim all other conditions, warranties and representations, either express or implied with respect to the Products.

 

  1. INDEMNIFICATION

15.1 You agree to indemnify, defend and hold harmless Explosive Social Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

  1. SEVERABILITY

16.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

17. TERMINATION
17.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

17.2 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).

  1. ENTIRE AGREEMENT

18.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

18.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

18.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

  1. GOVERNING LAW

19.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

  1. CHANGES TO TERMS OF SERVICE
    20.1 You can review the most current version of the Terms of Service at any time at this page.

20.2 Subject to pre-existing contractual rights, we reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. 

 

  1. CONTACT INFORMATION

21.1 Questions about the Terms of Service should be sent to us at contact@tidalhair.com

21.2 Please refer to our website re our Warranty Policy and Privacy Policy and the other items set out there.