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Terms & Conditions

This website is operated by Goldylost Hair Pty Ltd. Throughout the site, the terms "Goldylost," "Goldylost Hair," "we," "us," and "our" refer to Goldylost Hair Pty Ltd. Goldylost 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/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools that are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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

1. Online Store Terms

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state, territory, or province of residence, and that any minor dependents using this site under your supervision do so with your consent and on your responsibility. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in the immediate termination of your Services.

2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 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 content on the website through which the Service is provided, without express written permission from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. Pre-Orders (or Backorders)

By placing a pre-order, you acknowledge and accept that the item is not currently in stock and will be handcrafted specifically for you using sourced human hair. Pre-orders typically dispatch within an estimated 12-week timeframe from the date of order. This estimate reflects our best assessment at the time of purchase but is not a fixed or guaranteed delivery date, because the manufacture of each piece depends on factors that are not entirely within our control, including the sourcing of suitable raw hair, the handcrafting process, and supplier and shipping conditions.

You may contact us at any time to request a status update on your pre-order. Where the original 12-week estimate cannot be met, we will, on request and at the best of our ability, provide you with a revised reasonable estimate based on the information then available to us.

Subject always to the consumer-rights preservation set out in Section 14, you agree that no fixed delivery date applies to pre-orders, and Goldylost Hair shall not be liable for delays caused by factors of the kind described above. Where, in your reasonable view, a pre-order has been delayed beyond a period that is reasonable in the circumstances, you may contact us to discuss available remedies.

Pre-orders may be cancelled before dispatch, and may be returned after delivery, on the terms set out in our Shipping Policy and Returns Policy, including any applicable cancellation or restocking fee.

4. Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

5. Modifications to the Service and Prices

Prices for our products are subject to change at any time, at our sole discretion, without prior notice. We are not required to notify you (whether by email or otherwise) before adjusting prices on this website. Price changes do not apply to orders that we have already accepted; the price for your order is the price displayed and confirmed at the time we accept it.

We reserve the right at any time to modify, suspend, or discontinue the Service or any part of it, at our sole discretion, without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service, except as required by law and subject to Section 14.

6. Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 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. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

7. Accuracy of Billing and Account Information

We reserve the right to refuse, accept, modify, or cancel any order placed with us, at our sole discretion. We may, in our sole discretion, limit or cancel the quantity of products purchased per person, per household, per credit card, per shipping address, or per order. These restrictions may apply to 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.

Where we cancel an order in whole or in part, we will refund any amounts you have already paid for the cancelled portion using the original payment method. We may attempt to notify you of the cancellation using the email, postal address, or phone number you provided at the time of order, but we are not obliged to do so as a condition of cancellation.

Goldylost Hair products are intended for purchase by end consumers for personal use. We reserve the right to limit, cancel, or refuse orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, drop-shippers, or any party intending to resell our products without our prior written authorization. We may also refuse or cancel orders we suspect are fraudulent, are placed using unauthorized payment methods, or are otherwise placed in breach of these Terms.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, including a valid email address, a current postal address, a working telephone number, and valid payment details. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed. You acknowledge that providing inaccurate, false, or misleading information may result in your order being cancelled and may constitute a breach of these Terms.

For more detail, please review our Returns Policy.

8. Optional Tools

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). 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 and Conditions.

9. Third-Party Links

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 the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

10. User Comments, Feedback, and Other Submissions

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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party's intellectual property or these Terms and Conditions. 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 email 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.

11. Personal Information and Data Protection

Your submission of personal information through the store is governed by our Privacy Policy. We collect, use, store, and disclose personal information in accordance with applicable data-protection laws, which may include the Privacy Act 1988 (Cth) and the Australian Privacy Principles for Australian customers; the California Consumer Privacy Act and California Privacy Rights Act for California residents and other applicable US state privacy laws; and the Personal Data Protection Act 2012 for Singapore customers. Our Privacy Policy explains the categories of personal information we collect, the purposes for which we use it, with whom we share it, and the rights you have in relation to your personal information.

12. Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. 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.

13. Prohibited Uses

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

  • For any unlawful purpose;
  • To solicit others to perform or participate in any unlawful acts;
  • To violate any international, national, federal, state, territory, provincial, or local laws, regulations, rules, or ordinances;
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • To submit false or misleading information;
  • 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;
  • To collect or track the personal information of others;
  • To spam, phish, pharm, pretext, spider, crawl, or scrape;
  • For any obscene or immoral purpose;
  • To resell, distribute, or commercially redistribute our products without our prior written authorization;
  • To interfere with or circumvent 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 for violating any of the prohibited uses.

14. Disclaimer of Warranties; Limitation of Liability

Preservation of consumer rights. Nothing in these Terms and Conditions excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or by any other law that cannot lawfully be excluded, restricted, or modified. Where the law permits us to limit (rather than exclude) our liability for breach of a consumer guarantee in respect of goods that are not of a kind ordinarily acquired for personal, domestic, or household use, our liability is limited, at our option, to: (a) replacing the goods or supplying equivalent goods; (b) repairing the goods; (c) paying the cost of replacement or equivalent goods; or (d) paying the cost of repair. Where you are a consumer in another jurisdiction (including the United States or Singapore), nothing in these Terms excludes, restricts, or modifies any non-excludable consumer right or remedy under the law of that jurisdiction.

We do not 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 that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time 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 (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Subject always to the preservation of consumer rights set out above, the following limitations apply to the maximum extent permitted by law.

Goldylost Hair, together with our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors, shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, loss of goodwill, and replacement costs, whether arising in contract, tort (including negligence), strict liability, or under any other legal theory.

This limitation applies whether the loss arises from your use of, or inability to use, the Service; from your use of any product purchased through the Service; from any error or omission in any content on the site; or from any other claim related in any way to the Service or any product. The limitation applies even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our aggregate liability to you for all claims arising out of or in connection with these Terms and Conditions, your use of the Service, or your purchase of any product, shall not exceed the greater of: (a) the total amount you have paid to us in the twelve (12) months preceding the date the claim arose; or (b) USD $2,000.

Some states or jurisdictions do not allow the exclusion or limitation of certain damages or of liability generally. In those jurisdictions, the exclusions and limitations in this Section 14 apply only to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Goldylost Hair and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

16. Severability

In the event that any provision of these Terms and Conditions 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 and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

17. Termination

These Terms and Conditions remain in effect unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

If, in our sole judgment, you fail, or we reasonably suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may terminate this agreement and/or deny you access to our Services (or any part of them) at any time. Where reasonably practicable, we will provide you with notice of termination, but in cases involving suspected fraud, abuse, threats to the safety of our staff, repeated chargebacks, or other serious breaches, we may terminate immediately and without prior notice.

The obligations and liabilities of each party incurred before termination shall survive termination for all purposes. You will remain liable for all amounts due up to and including the date of termination. Where we terminate your access to the Services and you have paid for goods that have not yet been delivered, we will refund the amount paid for those undelivered goods, less any amount we are entitled to set off in respect of your breach. Termination does not affect any rights or remedies available to either party at law or under Section 14.

18. Force Majeure

Neither party shall be liable for any failure or delay in performing any obligation under these Terms and Conditions to the extent that such failure or delay is caused by an event or circumstance beyond that party's reasonable control. Such events include, without limitation: acts of God; natural disasters (earthquake, flood, fire, storm, cyclone, typhoon); pandemic, epidemic, or public-health emergency; war, terrorism, civil unrest, or sabotage; cyber-attack; strikes or other labor disputes; failure of telecommunications or internet infrastructure; failure or shortage of raw-material supply (including the global supply of human hair); shipping or customs delays; and any act, order, or restriction of a government or regulatory authority. The party affected by a force-majeure event will use reasonable efforts to notify the other party and to mitigate the effect of the event. This Section is in addition to, and does not limit, any other limitation of liability in these Terms and Conditions.

19. Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions 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 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 and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

20. Governing Law and Dispute Resolution

Governing law. These Terms and Conditions, your purchase of any product from us, and any related dispute, claim, or controversy (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict-of-laws rules.

Forum — Australian customers and the rest of the world (default). You and we agree that the courts of New South Wales, Australia (and the appellate courts having jurisdiction over those courts) have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms or your purchase, except as set out in the next paragraph. You consent to the personal jurisdiction of those courts.

Forum — United States residents. If, at the time of order or at the time a dispute arises, your billing or shipping address is located in the United States, then any dispute, claim, or controversy arising out of or in connection with these Terms or your purchase (including non-contractual disputes or claims), other than disputes solely concerning intellectual-property rights or where we seek injunctive relief, shall be finally resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The seat of the arbitration shall be New York, New York. The arbitration shall be conducted in the English language by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) shall govern the interpretation and enforcement of this arbitration agreement.

Class-action waiver (US residents). If the preceding paragraph applies to you, you and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If a court or arbitrator decides that this paragraph is unenforceable as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) shall be severed from arbitration and may proceed in court, and the rest of this Section 20 shall remain in full force and effect.

Singapore residents. From the date Goldylost International Pte Ltd becomes the contracting party for sales to Singapore residents (which we will notify on this site), the United States arbitration provisions shall not apply to Singapore residents and any dispute arising out of or in connection with these Terms shall be finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the SIAC Rules then in force. The seat of the arbitration shall be Singapore.

Small claims and informal resolution. Nothing in this Section 20 prevents either party from bringing an individual action in a small-claims court or tribunal of competent jurisdiction, where the dispute falls within the monetary limits and other criteria of that court or tribunal. Before initiating any formal proceeding, you agree to contact us at contact@goldylost.com and allow us thirty (30) days to attempt to resolve the dispute informally.

21. Changes to Terms and Conditions

You can review the most current version of these Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting an updated version on our website.

Where we make a change that materially reduces your rights or materially increases your obligations under these Terms (a "material change"), we will indicate the change by such notice as we consider appropriate, for such period as is reasonable in the circumstances, having regard to the nature and significance of the change. Non-material changes — including formatting, clarifications, typographical corrections, and changes that increase your rights — may take effect immediately on posting.

Changes to these Terms apply only to orders placed and other activity occurring after the change takes effect. The version of these Terms in force at the time we accept your order applies to that order.

It is your responsibility to check this page from time to time. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes. The date of last update is shown at the top of this page.

22. Contact Information

Questions about the Terms and Conditions should be sent to us at contact@goldylost.com.

SMS/MMS Mobile Message Marketing Program Terms and Conditions

1. User Opt In. The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.

2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Goldylost Hair and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Program Description. Without limiting the scope of the Program, users who opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of human hair products, related products, and related accessories. Messages may include checkout reminders.

4. Cost and Frequency. Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

5. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at contact@goldylost.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted by the procedures set forth above.

6. MMS Disclosure. If your mobile device does not support MMS messaging, the Program will deliver messages as standard SMS.

7. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

9. Age Restriction. You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parents' or legal guardian's permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent's or legal guardian's permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Platform.

10. Prohibited Content. You acknowledge and agree not to send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITECH" Act);
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

11. Dispute Resolution. Any dispute, claim, or controversy between you and us, or between you and Klaviyo, Inc. or any other third-party service provider acting on our behalf to transmit messages within the scope of the Program, arising out of or relating to the Program shall be resolved in accordance with Section 20 (Governing Law and Dispute Resolution) of our Terms and Conditions. The class-action waiver in Section 20 applies in full to any such dispute where you are a US resident.

12. Florida Law. We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the Program, (1) your shipping address, as provided, is located in Florida or (2) the area code for the phone number used to opt into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but not limited to response to keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a "telephonic sales call" or "commercial telephone solicitation phone call" for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

13. Australian Law. Where you are an Australian recipient of our marketing messages, the Spam Act 2003 (Cth) applies in addition to these Terms. We will only send you commercial electronic messages where you have given us express or inferred consent in accordance with the Spam Act. Every commercial electronic message will identify Goldylost Hair as the sender and will provide a functional unsubscribe facility. We will honor unsubscribe requests within five (5) business days of receipt and in any event within the period required by law. Marketing communications to Australian recipients are governed by Australian law, and any dispute concerning such communications is subject to Section 20 of these Terms.

14. Miscellaneous. You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.