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Terms & Conditions

These terms and conditions of use (T&Cs) govern your use of davidwerdiger.com, www.nathansonpearson.com.au and all related sites (Website). Please read these T&Cs carefully.  By registering for or using this Website, you thereby accept these T&Cs.  Any violation of these T&Cs may result in the termination of your account as detailed in these T&Cs.

You must not use this Website if you do not agree with these T&Cs.

Ownership
This Website and all of its content (Content) is operated and owned by Nathanson Pearson Pty. Ltd. (ACN 12 121 026 757) (NP).

Use of this Website
You may only use this Website and the Content on this Website for personal purposes, unless we provide express written consent.

You must not:

  • copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of this Website or any Content contained on this Website, by any means;
  • do anything that imposes an unreasonable load on this Website, or interferes or disrupts this Website or any network or website connected to this Website;
  • breach the security of this Website, test or scan the vulnerability of this Website, or make any unauthorised modifications to this Website;
  • interfere with any other person’s use or enjoyment of this Website, including by using mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks or any similar activity. Intentional interference also includes the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s session, via any means, locally or via the internet;
  • post, or transmit to this Website any abusive, obscene, defamatory, or otherwise inappropriate material;
  • attempt any unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network (including this Website) or to breach security or authentication measures;
  • use any manual or electronic means to avoid any use limitations placed on this Website, such as timing out;
  • allow unauthorized access to accounts, including any account passwords;
  • use this Website or any Content in any way that is unlawful, illegal or breaches our rights or the rights of any third party;
  • Forge packet header, e-mail header or any part of a message header. This prohibition includes the use of aliases or anonymous remailers or VPNs; or
  • use this Website in any way that otherwise breaches these T&Cs.

Privacy Policy
In addition to these T&Cs, our Privacy Policy applies to the use of this Website. You should review our Privacy Policy carefully and not use this Website if you do not agree to our Privacy Policy.

3rd Party Websites
This Website may contains links to other web sites controlled by third parties (3rd Party Websites).  We are not responsible for any content on 3rd Party Websites nor do we endorse or approve such websites. If you choose to visit these 3rd Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on them.

We make no representations about the quality or accuracy of material available on 3rd Party Websites, or that such material does not infringe anyone’s  intellectual property rights.

Intellectual Property
Unless otherwise indicated, copyright and all other intellectual property rights in the Content and any other material published on this Website subsists in NP and is subject to copyright.

Reproduction of all or any part of the contents of this Website is prohibited, except to the extent permitted below.

The information on this Website may be viewed online only for personal use.  No part of the information may be reproduced, adapted, uploaded or linked to or otherwise distributed, copied or used for any commercial purpose whatsoever.

If you wish to reproduce or otherwise use any of the information contained in this website, it is your responsibility to obtain approval for such use from the copyright owners.

Any failure to adhere to the above copyright obligations will infringe our intellectual property rights.

Disclaimer and Limitation of Liability
We accept no responsibility for the completeness or accuracy of any of the information contained on or accessed through this Website and we make no representation about its suitability for any particular purpose. You should make your own judgments about these matters.

To the extent permitted by law, we exclude all liability for loss or damage arising from the use of, or reliance on, the Content or any other information contained on or accessed through this Website, whether or not caused by any negligence on our part or the part of our customers, contractors or agents.

Information or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may be accessible through our Website either as a result of hacking or material placed on linked websites.  We make no representations as to the suitability of the information accessible for viewing by minors or any other person.

You assume all risks associated with use of this Website including, without limitation:

  • the risk of your computer, software or data being damaged by any virus which might be transmitted or activated via this Website or your access to it; or
  • the risk that the Content of this Website and linked websites complies with the laws of any country outside Australia.

Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  • to cancel your service contract with us; and
  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.

If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Termination of Use
You may stop using this Website, at any time, for any reason.

We reserve the right in our absolute discretion to suspend or terminate at any you’re your access to this Website without notice for any reason, including but not limited to a breach of these T&Cs. The suspension or termination will not affect your or our rights or liabilities.

We may disclose any information we may have about a user in relation to an investigation or allegation that your use of this Website is in breach of these T&Cs, or is in breach of law or other regulation. We reserve our right to identify, or bring legal action against, any person who is breaching these T&Cs, including obtaining injunctive relief.

Variation to Terms
We may vary these T&Cs at any time.  By continuing to use this Website, you consent to any such variations.

We will not notify of these variations and it is your responsibility to regularly check these T&Cs for any variations.

Governing Law
These T&Cs are governed by the laws of the State of Victoria in Australia, and any dispute in relation to these T&Cs or your use of this Website will be the exclusive jurisdiction of the Courts of the State of Victoria in Australia.

Miscellaneous
If any of these T&Cs are unenforceable or held to be invalid, such provision(s) will be removed from these T&Cs and the amended T&Cs will remain in full force and effect.

Any failure by us to act or enforce these T&Cs, will not be considered a waiver of our right to take any such action.

These Terms and Conditions are dated 1 August 2023.

Privacy Policy

1. Introduction
Nathanson Pearson Pty. Ltd. (ACN 12 121 026 757) (NP) is sensitive to the concerns that you, our customers, may have with the confidentiality and handling of your personal information.  We take your privacy very seriously.

Therefore, we ask that you take the time to read this document which sets out how we handle, maintain and secure your personal information.

2. Who to contact
If you have any queries with respect to this Privacy Policy, please contact our Privacy Officer by email at [email protected].

3. Who does this policy apply to
This Privacy Policy applies to personal information collected by NP and its associated entities.

4. Why we collect personal information

  • Information we hold

We generally hold personal information about our customers.  This information can include their contact details, buying habits and transactional details.

  • Why we need personal information

You are always allowed to deal with us on an anonymous basis.  However, as a provider of hair care products, we sometimes find it necessary to collect certain information from you.

There are a number of ways in which we may collect information from you.  These include:

  • application forms;
  • email;
  • our website (including cookies);
  • over the phone; and
  • when you purchase anything from us via your credit card.

In addition, there may also be certain laws which may require us to collect personal information from you.  Where these apply, we will provide you with information about our legal requirements when we collect your personal information.

  • What about ‘sensitive information’?

We will not ask you for information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or details of health, disability or sexual activity or orientation, unless:

  • you consent to providing that information to us;
  • the collection of that information is specifically authorised by law;
  • the collection is necessary to lessen a serious or imminent threat to your health or safety or the health or safety of another person; or
  • the collection of the information is necessary for the establishment, exercise or defence of a legal claim.
  • What happens if you do not provide personal information

If you do not provide us with accurate or complete information when we request it, we may not be able to provide you with a proper level of service.

5. How we maintain and manage your personal information

  • Who may view your personal information

We will only grant access to others to view your personal information where we believe it is necessary, and in your best interests, for those people to view your personal information.

In general, only our employees or subcontractors may view your personal information.

  • We will only disclose personal information to a third party if:
    • that disclosure is required to give effect to the purposes for which we collected the information;
    • we have your consent to that disclosure;
    • we believe that the disclosure may lessen a risk of harm to your health or safety, or to the health or safety of another person;
    • we are required by law to disclose the information;
    • the disclosure is required for the enforcement of a criminal law or a law imposing a pecuniary penalty or for the protection of public revenue; or
    • the third party is our agent or contractor and is required by us to keep that personal information confidential and will only use that information for the purposes for which it is disclosed.
  • International transfers

If we transfer your personal information overseas, we will first obtain your written consent before doing so.

If it is not practical to obtain your consent, then the information may still be transferred if, as part of the agreement for the transfer of that information, the other organisation agrees to comply with our privacy obligations to you.

  • Where is your personal information stored?

We may store your personal information in both hard copy and on computer.

Hard copy information is kept under lock and key.  Information stored on computer is generally password protected.

  • Updating your personal information

If at any time you believe that any of your personal information that we store is not accurate or is out of date, please let us know by contacting either of our Privacy Officer.

6. Our websites and email
Any personal information collected from you via our websites and via email are governed by this policy

We may collect information about you from our websites via any forms you fill in, any cookies we install on your computer or any transactions you undertake with us.  We may also track your viewing habits to allow us to tailor your web surfing experience.

Where we communicate by email with you, we may ask you for personal information which is related to the purpose of that communication.

7. Direct marketing
If we collect personal information for direct marketing purposes (either to market ours or someone else’s products), then we will try to first obtain your consent before we market directly to you.

If we cannot practically obtain your consent, then we may still directly market to you, provided that:

  • we advise you that you can be taken off the mailing list at any time and provide an unsubscribe link;
  • you have not previously asked to be taken off the mailing list; and
  • we display our contact details clearly in each direct marketing publication.
  • If you wish to be taken off any mailing list, please contact our Privacy Officer at the email address noted in clause 2 above.

 

8. How you may access your personal information
You may access your personal information by contacting our Privacy Officer at the email address noted at clause 2 above.

We will use our best efforts to take less than 30 days to respond to your request.

We may also charge you a reasonable fee for providing access to your personal information.

9. When we may withhold access to your personal information

  • When we can withhold your information

We may withhold access to your personal information in a number of circumstances.  These include where:

  • providing access would pose a serious and imminent threat to the life or health of a person;
  • providing access would have an unreasonable impact on the privacy of others;
  • the information is subject to confidentiality where the person who provided the information to us did so expressly on the condition that it remains confidential;
  • the request is vexatious or frivolous;
  • the information relates to legal proceedings between us and the information would not be required to be discovered to a court ;
  • we are in commercial negotiations with you and the information would reveal our intentions;
  • providing access would be unlawful or we are required by a law to withhold access; or
  • providing access could prejudice the investigation or detection by our organisation or by a government body of an unlawful activity or some serious or improper misconduct.

Where we do withhold your personal information, we may instead choose to give you a summary of that information.

  • Written reasons

If we do withhold your personal information, we will provide you with written reasons.

  • Third party intermediary

If we withhold access to your personal information, we will consider whether the provision of access to an independent third party will meet both of our needs.

10. Modifications to our privacy policy
We may modify this Privacy Policy at any time in our sole discretion.  We will make all modifications available on this Website.