Welcome to Follicle Labs!
We're the team behind this website, and we're excited to offer you access to our range of information, tools, and services. By using our site or making a purchase, you're agreeing to abide by the terms and conditions outlined in this document, which we refer to as our "Terms of Service." Whether you're browsing, buying, or contributing content, these Terms of Service apply to all users of our site. Please take the time to read through them carefully before accessing or using any part of our website. Your continued use of our site indicates your acceptance of these terms and conditions. As our site evolves, so too may our Terms of Service. Any new features or tools added to our platform will also be subject to these terms. We reserve the right to update, change, or replace any part of these Terms of Service, and it's your responsibility to stay informed by checking this page periodically for updates. Your ongoing use of our website following any changes constitutes acceptance of those changes. It's important to note that our site is hosted on Shopify Inc., who provides the e-commerce platform allowing us to sell our products and services to you.
SECTION 1 - TERMS FOR USING OUR ONLINE STORE
When you agree to our Terms of Service, you confirm that you're of legal age in your state or province of residence, or that you have obtained parental consent for any minor dependents to use our site. Using our products for illegal or unauthorized purposes is strictly prohibited. Additionally, you must comply with all laws in your jurisdiction, including copyright laws, while using our services. Transmission of any harmful code, such as worms or viruses, is also prohibited. Violation of any of these terms will result in the immediate termination of your services. We take these terms seriously to ensure a safe and lawful environment for all users.
SECTION 2 - GENERAL TERMS
As part of our commitment to maintaining a safe and secure environment, we reserve the right to refuse service to anyone, at any time, and for any reason. When you provide content on our platform, please be aware that it may be transferred unencrypted over various networks. While we take measures to ensure the security of your data, we cannot guarantee its safety during transmission. However, rest assured that your credit card information is always encrypted for your protection. Unauthorized reproduction, duplication, copying, selling, reselling, or exploitation of any part of our services is strictly prohibited without our express written permission. The headings used in this agreement are for convenience purposes only and do not affect or limit the terms outlined herein.
SECTION 3 - INFORMATION ACCURACY AND RELIABILITY
While we strive to provide accurate, complete, and timely information on our site, we cannot guarantee its accuracy, completeness, or currency. The material presented on our site is for general informational purposes only and should not be relied upon as the sole basis for decision-making. It's important to consult primary, more accurate, complete, or timely sources of information before making any decisions based on the material on our site. Your reliance on such material is at your own risk. Please note that our site may contain historical information, which is provided for reference purposes only and may not be current. We reserve the right to modify the contents of our site at any time, but we are not obligated to update any information. As a user, you agree that it's your responsibility to monitor any changes to our site and to seek out the most up-to-date information when necessary.
SECTION 4 - CHANGES TO THE SERVICE AND PRICING
Please be aware that prices for our products are subject to change without prior notice. We reserve the right to modify or discontinue any part of our service, including pricing, at any time without notice. We are not liable to you or any third-party for any changes, including modifications, price adjustments, suspensions, or discontinuations of our service. We appreciate your understanding as we strive to provide the best possible experience for our users.
SECTION 5 - PRODUCTS AND SERVICES
Some of our products or services may be exclusively available online through our website. Please note that these items may have limited quantities and are subject to our return or exchange policy, which you can review by visiting Exchange and Returns Policy page.
While we make every effort to accurately display the colours and images of our products, please be aware that variations may occur due to differences in computer monitor settings. We reserve the right, at our discretion, to limit the sale of our products or services to certain individuals, geographic regions, or jurisdictions on a case-by-case basis. Additionally, we may limit the quantities of any products or services offered on our site. Descriptions of our products or services, as well as pricing, are subject to change at any time without notice. We also reserve the right to discontinue any product or service at our discretion. Please note that any offers for products or services made on our site are void where prohibited. While we strive to provide high-quality products, services, and information, we cannot guarantee that they will meet your expectations. We also do not warrant that any errors in our service will be corrected. Your satisfaction is important to us, and we encourage you to reach out if you have any concerns or questions.
SECTION 6 - BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In our sole discretion, we may also limit or cancel quantities purchased per person, per household, or per order. These limitations may extend to orders placed under the same customer account, credit card, or billing and shipping address. If we make changes to or cancel an order, we will make reasonable attempts to notify you via the contact information provided at the time of purchase. Furthermore, we reserve the right to restrict or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. By making a purchase on our site, you agree to provide current, complete, and accurate billing and account information. It is your responsibility to promptly update your account details, including email address, credit card numbers, and expiration dates, to ensure successful transactions and communication from our end. For more information, please refer to our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may grant you access to third-party tools, over which we have no control or input. You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without endorsement. We bear no liability arising from or related to your use of these optional third-party tools. Your use of these optional tools offered through the site is entirely at your own risk and discretion. It's important to ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s). Furthermore, we may introduce new services and features through the website in the future, including the release of new tools and resources. These new offerings will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our service may include content, products, and services sourced from third parties. Links to third-party websites on our site may direct you to sites that are not affiliated with us. We do not undertake the examination or evaluation of the content or accuracy of these sites, and we do not provide any warranties or assume liability for any third-party materials or websites. We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. It is essential to carefully review the policies and practices of these third parties before engaging in any transactions. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party involved.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
Should you choose to provide us with specific submissions, such as contest entries, or if you voluntarily submit creative ideas, suggestions, proposals, plans, or any other materials, whether via online platforms, email, postal mail, or otherwise (collectively referred to as 'comments'), you acknowledge and agree that we may utilize, without restriction, any comments you forward to us. This includes editing, copying, publishing, distributing, translating, and using such comments in any medium. We are not obligated to maintain any comments in confidence, compensate you for any comments, or respond to any comments. While we reserve the right to monitor, edit, or remove content that we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, it's important to note that we are not obliged to do so. By providing comments, you affirm that your comments do not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, you agree that your comments do not contain any libelous or otherwise unlawful, abusive, or obscene material, nor do they contain any computer viruses or malware that could impact the operation of the Service or any related website. You must not use a false email address, pretend to be someone else, or mislead us or third parties regarding the origin of any comments. You bear sole responsibility for the accuracy of any comments you make. We do not assume liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Any personal information you submit through the store is subject to our Privacy Policy. To review our Privacy Policy, please visit Privacy Policy page.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
There may be instances where information on our site or within the Service contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We retain the right to rectify any such errors, inaccuracies, or omissions, and to modify or update information, or cancel orders if necessary, without prior notice, even after an order has been submitted. We are not obligated to update, amend, or clarify information in the Service or on any related website, including pricing information, except where required by law. The absence of a specified update or refresh date within the Service or on any related website should not be interpreted as an indication that all information within the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other restrictions outlined in the Terms of Service, you are prohibited from utilizing the site or its content for: (a) Any unlawful purpose; (b) Soliciting others to perform or participate in unlawful acts; (c) Violating international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) Infringing upon or violating our intellectual property rights or the rights of others; (e) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) Submitting false or misleading information; (g) Uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) Collecting or tracking the personal information of others; (i) Engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) Pursuing any obscene or immoral purpose; or (k) Interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable. You agree that we may, from time to time, remove the service for indefinite periods or cancel the service at any time without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Follicle Labs, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service. This limitation of liability applies to any other claim related to your use of the service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Follicle Labs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ 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. This includes your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms of Service, and such determination will not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred before the termination date will survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either party. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site. If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or if we suspect that you have failed to do so, we may terminate this agreement at any time without notice. In such cases, you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services, or any part thereof, as a result.
SECTION 17 - ENTIRE AGREEMENT
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. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
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 Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. 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. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Contactus@folliclelabs.com.au.
Our contact information is posted below:
FOLLICLE LABS PTY LTD
Contactus@folliclelabs.com.au
470 St Kilda Road Ground Floor, Melbourne VIC 3004
ACN: 673 197 129