HINU Terms of Service

Overview

This website is operated by HINU CO PTY LTD (ABN 21 650 599 689), trading as HINU. Throughout the Site, the terms HINU, we, us and our refer to HINU CO PTY LTD. HINU offers this website, including the information, tools, products and services available through it (collectively, the Service), to you subject to these Terms of Service (Terms) and the policies referenced in them.

By visiting the Site, creating an account, purchasing a product or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service. These Terms apply to all users, including browsers, customers, contributors and merchants. Our Privacy Policy, Shipping & Returns Policy, Happiness Guarantee (where applicable) and other policies made available on the Site form part of these Terms.

Our store is hosted by Shopify, which provides the ecommerce platform used to offer products and services to you.

Section 1 - Online store terms

You must be at least 18 years old, or the age of legal majority where you live, to place an order. If you permit a minor to use the Site, you are responsible for their use to the extent permitted by law.

You must not use the Service or our products for an unlawful or unauthorised purpose, violate applicable law, transmit malicious code, interfere with the Site, or infringe the rights of HINU or another person. A material breach may result in suspension or termination of access, subject to applicable law.

Section 2 - General conditions

We may refuse or cancel service where reasonably necessary, including because of suspected fraud, misuse, supply constraints, pricing or listing errors, sanctions, safety concerns, or legal requirements. We will not exercise this right in a manner prohibited by law.

Except for personal use of the Site and purchases made in accordance with these Terms, you must not reproduce, copy, sell, resell or exploit any material part of the Service without our prior written permission. Headings are for convenience only and do not affect interpretation.

Section 3 - Information and product guidance

We aim to keep Site information accurate and current, but general information may not always be complete or up to date. Product images and colours may vary between devices, and packaging or product presentation may change. Nothing in this section limits any guarantee, representation or remedy that cannot lawfully be excluded.

Information about hair, scalp, wellbeing or product use is general information only and is not medical advice, diagnosis or treatment. Results vary between individuals. Follow product directions and warnings, patch test where directed, stop use if irritation occurs, and seek advice from an appropriately qualified health professional if you have a medical condition, are pregnant or breastfeeding, take medication, experience persistent symptoms, or are unsure whether a product is suitable for you.

Section 4 - Changes to the Service and prices

Prices, promotions, product ranges and features may change from time to time. Any change applies prospectively and does not affect an order already accepted, except where correction is required by law or you agree to the change. We may modify, suspend or discontinue part of the Service where reasonably necessary. To the extent permitted by law, we are not liable merely because a feature or product is changed or discontinued.

Section 5 - Products, availability and consumer rights

Some products may be available only online, in limited quantities, or in selected regions. We may set reasonable purchase limits and may withdraw an offer before accepting an order. Product offers are void where prohibited.

Returns and change-of-mind requests are governed by our Shipping & Returns Policy and, for eligible purchases, our Happiness Guarantee. These policies provide benefits in addition to rights that may apply under the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, or another law that cannot lawfully be excluded, restricted or modified. Where a product or service fails to meet a non-excludable guarantee, you may be entitled to a repair, replacement, refund, cancellation or compensation, depending on the circumstances.

Section 6 - Orders, billing and account information

Your order is an offer to purchase. We accept it when we send an order confirmation or dispatch the order, depending on our checkout process. We may limit or cancel quantities per person, household, account, payment method or address where reasonably necessary, including to prevent resale or fraud. If we cancel after payment, we will refund the amount paid for the cancelled item or order.

You must provide current, complete and accurate order, account, billing and delivery information. You are responsible for checking your order and address before submission and for keeping account credentials secure. Contact us promptly if you believe an account or payment method has been used without authorisation.

Section 7 - Subscriptions

If you purchase a subscription, the price, frequency, minimum commitment (if any), renewal terms and cancellation method disclosed at checkout form part of these Terms. You authorise recurring charges to your selected payment method until the subscription is cancelled in accordance with those disclosed terms.

You may manage or cancel an eligible subscription through your account or the method stated in the subscription confirmation. Cancellation applies to future renewals and does not automatically cancel an order already processed or dispatched. We will give any notice required by law before material subscription changes. Refund and consumer guarantee rights continue to apply as required by law.

Section 8 - Optional tools

We may provide access to third-party tools, such as tracking, payment, account or review tools. Those tools are provided by third parties under their terms and privacy policies. To the extent permitted by law, use is at your discretion and risk. Nothing in this section excludes liability that cannot lawfully be excluded.

Section 9 - Third-party links

The Service may link to third-party websites or include third-party content, products or services. We do not control those third parties and are not responsible for their content, availability or practices, except to the extent responsibility cannot lawfully be excluded. Review the third party's terms and privacy policy before transacting with it. Questions about a third-party product should be directed to that provider.

Section 10 - Reviews, feedback and other submissions

You retain ownership of content you submit. You grant HINU a non-exclusive, worldwide, royalty-free licence to host, reproduce, edit for formatting or clarity, publish, distribute and display that content for operating, improving and promoting HINU and the Service. This licence continues for content already used or incorporated into materials before deletion, to the extent reasonably necessary. We will not knowingly use private customer-service communications as public endorsements without permission.

You must have the right to submit the content and must not submit content that is unlawful, misleading, defamatory, infringing, malicious, discriminatory, obscene, or that violates another person's privacy or intellectual property. We may moderate or remove content where reasonably necessary. Do not send confidential ideas or materials unless we have agreed in writing to receive them in confidence.

Section 11 - Personal information

Our handling of personal information is described in the HINU Privacy Policy available on the Site.

Section 12 - Mobile messaging terms

If you opt in to HINU's SMS service, you agree to receive recurring service messages and, where you separately consent, marketing messages at the mobile number provided. Messages may include order updates, account alerts, promotions, product launches and cart reminders. Consent to marketing SMS is voluntary and is not a condition of purchase.

Message frequency varies and message or data rates may apply. HINU does not charge a separate fee for SMS, but your carrier may. You may opt out at any time by replying STOP or using another method stated in the message. You may receive one confirmation message. For help, reply HELP or email support@hinu.co. Carriers are not responsible for delayed or undelivered messages. You must provide a valid number and update it if it changes.

To the extent permitted by law, we are not responsible for a failure, delay or misdirection caused by a carrier, an incorrect number, an unavailable network or circumstances outside our reasonable control. Our Privacy Policy explains how we handle information associated with mobile messaging.

Section 13 - Errors, inaccuracies and omissions

The Site may occasionally contain errors or omissions relating to product descriptions, pricing, promotions, shipping, transit times or availability. We may correct those errors and update information. If an error affects an order, we will act reasonably and in accordance with applicable law, including by giving you the option to proceed on corrected terms where appropriate or cancelling and refunding the affected amount.

Section 14 - Prohibited uses

You must not use the Site or its content:

for an unlawful, fraudulent, misleading, obscene or abusive purpose;
to solicit unlawful acts or violate applicable laws or regulations;
to infringe intellectual property, privacy or other rights;
to harass, threaten, defame, discriminate against or harm another person;
to upload malicious code or interfere with the operation or security of the Service;
to collect or track another person's personal information without authority;
to spam, phish, scrape, crawl or use automated means in a manner that burdens or circumvents the Site; or
to bypass access controls, security features, purchase limits or other reasonable safeguards.

We may suspend or terminate access for a material breach, subject to applicable law.

Section 15 - Warranties and limitation of liability

The following provisions apply only to the maximum extent permitted by law. The Service is provided on an as-is and as-available basis. We do not promise that access will always be uninterrupted, timely, secure or error-free, or that general Site information will always be complete or current.

We do not exclude liability for fraud, wilful misconduct, death or personal injury caused by negligence, breach of a non-excludable consumer guarantee, or any other liability that cannot lawfully be excluded or limited. Subject to those rights, HINU and its officers, employees, affiliates, contractors, suppliers and service providers are not liable for indirect or consequential loss that was not reasonably foreseeable, or for loss caused by your unlawful use, failure to follow product directions, or circumstances outside our reasonable control.

Where the law permits a remedy to be limited, our liability may be limited to resupplying the relevant service, paying the cost of resupply, replacing or repairing goods, or paying the cost of replacement or repair, as applicable and reasonable in the circumstances.

Section 16 - Indemnity

To the extent permitted by law, you are responsible for loss reasonably suffered by HINU as a direct result of your unlawful use of the Service, your material breach of these Terms, or your infringement of another person's rights, except to the extent the loss was caused or contributed to by HINU. This section does not require you to indemnify HINU for liability that cannot lawfully be transferred to you.

Section 17 - Severability

If a provision of these Terms is unlawful, void or unenforceable, it will be read down to the minimum extent necessary or, if that is not possible, severed. The remaining provisions continue in effect.

Section 18 - Termination

You may stop using the Service at any time. We may suspend or terminate access where you materially breach these Terms, create a security or legal risk, engage in fraud or misuse, or where we discontinue the Service. Where reasonable and lawful, we will provide notice and an opportunity to remedy. Termination does not affect rights or liabilities accrued before termination, including payment obligations and provisions intended to survive.

Section 19 - Entire agreement and waiver

These Terms and the policies incorporated by reference form the agreement between you and HINU concerning the Service and supersede prior communications on the same subject. A failure or delay in exercising a right is not a waiver. Nothing in this section excludes a representation or right that cannot lawfully be excluded.

Section 20 - Governing law

These Terms are governed by the laws of Victoria, Australia. You and HINU submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them. If mandatory consumer law gives you rights to bring a claim elsewhere, those rights are not affected.

Section 21 - Changes to these Terms

We may update these Terms by publishing a revised version on the Site and changing the date above. Changes apply prospectively. If a change materially affects an ongoing paid service or subscription, we will provide notice and any cancellation right required by law. Continued use after the effective date of revised Terms constitutes acceptance to the extent permitted by law.

Section 22 - Contact information

Questions about these Terms should be sent to:

HINU CO PTY LTD (ABN 21 650 599 689)
Email: support@hinu.co
Post: PO Box 216, Braybrook VIC 3019, Australia