terms of service
1. Website terms and conditions
The website www.komb.com.au (Site) is operated by Komb Beauty Pty Ltd (ACN 660 380 585) (Komb).
Your access and use of the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (collectively, the Terms).
Komb reserves the right to amend any part of the Terms at any time without prior notice. Your continued use of the Site after such changes constitutes your acceptance of the variations. You should visit this page periodically to review the Terms.
Your use of and/or continued access to the Site constitutes an agreement by you that you accept and agree to abide and be bound by the Terms as amended. If you object to any of the Terms, or any amendments, your only recourse is to immediately discontinue your use of the Site.
If you violate the Terms, Komb may immediately terminate your right to use and access the Site.
2. Intellectual Property
The content of the Site, including all information, data, text, graphics, images, sound files, software, advertisements and other material (Content), is and remains at all times the property of Komb and its licensors and is protected by Australian and international copyright law.
The Content must only be used in accordance with the Terms and any additional terms and conditions specified by the licensors of the Content. In particular, you must not:
download, republish, retransmit, reproduce or otherwise use any item of the Content as a stand-alone file;
modify or otherwise make derivative works of the Site or the Content;
remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
use any data mining, robots or similar data gathering or extraction methods; nor
use the Site or the Content other than for its intended purpose.
All names, logos and trademarks are the property of Komb. Nothing on the Site should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of Komb or the relevant contributor.
3. Use of Site
You must not use the Site in any manner or for any purpose that is unlawful, violates any right of Komb, prohibited by the Terms or potentially detrimental to the image or reputation of Komb. In particular, it is a condition of your use of and/or access to the Site that you do not do any of the following:
disrupt or interfere with in any way the Site or the Content;
disrupt or interfere with in any way any server, software, hardware or equipment, operated by Komb or third parties, that is connected to or via the Site;
violate any applicable law, statute, ordinance or regulation;
distribute through the Site (or send to email addresses listed on this Site) any inappropriate communication in any form, including obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material; or
bypass any security mechanisms imposed by the Site.
Komb reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any use of the Site.
If you register for an account on the Site, or place an order, you must:
provide accurate, current and complete information as required;
maintain the security of your login details and password; and
maintain and update as necessary any information provided.
4. Hyperlinks
The Site may contain hyperlinks and other pointers to interested website operated by third parties (Linked Sites). Komb does not sponsor or endorse the Linked Sites or Third Party Materials. The Linked Sites and Third Party Materials are not under the control of Komb and Komb is not responsible for the availability, accuracy, legality or decency of material or copyright compliance of the Linked Sites or Third Party Materials or any hyperlink contained in a Linked Site.
You link to any Linked Site, and use any Third Party Materials, entirely at your own risk and Komb is in no way liable or responsible for any advertising, products or materials on or available from the Linked Sites or promoted by the Third Party Materials. You agree that you will not use any Third Party Materials in a manner that would infringe or violate the rights of any other party and that Komb is not in any way responsible for any such use by you.
5. Use and retention of data
Komb’s Privacy Policy, which can be accessed on the Site, applies to all users and is incorporated into the Terms by reference. You should read our Privacy Policy before using any other feature of the Site.
Komb reserves the right to change the Privacy Policy from time to time. Please visit the Site regularly and check our current Privacy Policy.
Komb will not sell your information to any other customers or third parties.
6. Promotional Codes
All promotion codes are non-transferable and there is no cash alternative. No more than one promotional code can be applied at checkout or to an order. They cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. Komb reserves the rights to cancel or refuse the usage of any promotional code at any time.
All promotional codes must be applied at checkout, and cannot be applied to any previous or retrospective orders or gift card purchases. Komb has the right to refuse use of any promotional code for any reason. The times of use will be outlined in any specified marketing material, the code cannot be used outside of this time.
7. Indemnity
You indemnify and hold harmless Komb and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
any material or information that you submit, post, transmit or otherwise make available through this Site;
your use of, or connection to, this Site; or
your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.
8. Accuracy
Komb endeavours to present the most recent, accurate and reliable information on our Site at all times. However, there may be rare occasions when some of the information features, incomplete or inaccurate data.
Komb makes every effort to display and inform you as accurately as possible on our product colours and materials, composition and general product descriptions. However, there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Komb reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Komb undertakes no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
In terms of colour display for our products; computer monitors, tablets and mobile devices’ resolution may vary and we cannot guarantee that your monitor’s display of any colour will be completely accurate.
Komb reserves the right to amend errors or to update product information at any time without notice. In the event any information about a product is incorrect (e.g. size, quality, material, price, etc).
Komb reserves the right to refuse or cancel any order placed for that incorrectly described item. In the event of such a refusal or cancellation of an order and your chosen payment method has been charged, Komb shall issue a credit to that chosen payment method in the amount of the cancelled order.
9. Disclaimer
All Content is provided on an “as is” basis and Komb does not warrant or make any representations about the correctness, accuracy, timelines, completeness, reliability, quality or otherwise of the Content.
The use of the Site and the Content is entirely at your own risk. Changes are periodically made to the Site and the Content and may be made at any time.
Komb does not warrant that your access to the Site will be uninterrupted or that the Site will operate error free, that any defects will be corrected or that this Site and its servers are free of computer viruses and other harmful data, code, components or other material.
By accessing the Site, creating an account or placing an order through the Site you assume all associated risk, including but not limited to the risk to your computer, tablet, mobile device, software or data may be damaged by any virus or malicious bug transmitted by this website or any third party website.
By creating an account and becoming a member, you assume all responsibility for the security of your account. You agree to accept all responsibility for activities that occur under your account (e.g. orders placed by someone else using your account). Komb reserves the right to terminate your account without notice at its discretion.
10. Limitation of Liability
To the fullest extent permitted by law Komb and any third parties mentioned on the Site are not liable for any loss or damage whatsoever (including without limitation, direct, indirect, incidental, special and/or consequential damages or lost profits) resulting from any use or access of, or any inability to use or access the Site.
11. Miscellaneous
Komb is not liable, and any obligations it has are suspended, during the time and to the extent that Komb is prevented from operating due to a circumstance beyond the reasonable control of Komb including Force Majeure Events.
If any provision of the Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.
All rights not expressly granted in this document are reserved.
Komb may licence, subcontract and/or assign all or any part of its rights and/or obligations under these Terms without your consent. You cannot licence, subcontract or assign without the written approval of Komb.
The Terms are governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria, Australia.
The information on this Site and the Terms has been prepared in accordance with Australian law, but may not satisfy the laws of other countries. If you reside in, or access this Site from, a country other than Australia (User Country), you acknowledge that:
if the information and these Terms satisfy the laws of the User Country, then you are entitled to use and access the Site;
if the information and these Terms do not satisfy the laws of the User Country, then this Site is not intended for your use and you are not entitled to rely on the information contained on this Site; and
subject to above, you are responsible for compliance with the local laws of the User Country at all times when using the Site.
Last updated: November 2023.