Terms and Conditions

1. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for You to access our Service or parts of our Service.
• Company (referred to as either “the Company”, “StarKids”, “We”, “Us” or “Our” in this Agreement) refers to StarKids Salon & Spa, operated by Starkids Holdings Pty Ltd and its related entities including Starkids PC Pty Ltd.
• Content refers to content such as text, images, reviews, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• Country refers to: Victoria, Australia.
• Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
• Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
• Goods refer to the items and gift cards offered for sale on the Service or in our salons.
• Orders mean a request by You to purchase Goods from Us.
• Promotions refer to contests, sweepstakes or other special offers provided through the Service.
• Service refers to the Website and our in-salon hair, braiding, spa and party services in Point Cook, Keysborough and Melton.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.
• Website refers to StarKids Salon & Spa, accessible from https://starkss.com.au.
• You means the individual accessing or using the Service, or the parent, guardian, company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that You are over the age of 18 (or are the parent or legal guardian booking or purchasing on behalf of a child). The Company does not permit those under 18 to place online Orders or bookings without parent or guardian consent.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with Our Privacy Policy, Shipping Policy and Returns Policy. Please read these policies carefully before using Our Service.

3. Salon, Spa & Pamper Party Bookings

• Appointments & Rescheduling: You can book online via Fresha or by calling your preferred salon in Point Cook, Keysborough (Parkmore) or Melton. If you need to reschedule or cancel an appointment, please give us at least 24 hours’ notice so we can offer the spot to another family.
• Pamper Birthday Parties: Party bookings require a deposit to secure your preferred date and time. Final guest numbers and any applicable party terms are confirmed prior to your celebration.
• Health & Hygiene: In line with health regulations, if a child presents with live head lice (nits) or a contagious scalp/skin condition, we cannot proceed with the hair or spa service until treated, and we will happily reschedule your appointment.

4. Placing Orders for Goods & Your Information

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your payment card details, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties (such as Stripe or PayPal) for purposes of facilitating the completion of Your Order.

5. Order Cancellations & Returns

Order Cancellation by Us

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

• Goods availability
• Errors in the description or prices for Goods
• Errors in Your Order
• Suspected fraud or an unauthorised or illegal transaction

Your Order Cancellation & Return Rights

Any Goods You purchase can be returned in accordance with these Terms and Conditions, the Australian Consumer Law, and Our Returns Policy, which forms a part of these Terms and Conditions.

For change-of-mind returns, Your right to return Goods only applies to Goods that are returned unused, unopened and in the same condition as You received them, including all original instructions, documents and packaging. We will reimburse You no later than 14 days from the day on which We receive the returned Goods using the same payment method You used for the Order.

Except where required under the Australian Consumer Law for faulty or damaged items, change-of-mind returns do not apply to:

• The supply of Goods made to Your specifications or clearly personalised.
• The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
• The supply of haircare, cosmetics, nail polish, play makeup, hair brushes or earrings which are not suitable for return due to health protection or hygiene reasons once unsealed after delivery.
• The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
• Digital gift cards or vouchers once redeemed.

6. Availability, Prices & Payments

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods and services on the Service. The Goods available on Our Service may occasionally be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information on the Service and in Our advertising on other websites.

We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We have made every effort to display as accurately as possible the colours and images of our products that appear in the Online Shop, though we cannot guarantee that your screen’s display of any colour will be exact.

Prices Policy

All prices on the Website are shown in Australian Dollars (AUD) and include GST where applicable. The Company reserves the right to revise its prices at any time prior to accepting an Order. In the event of any occurrence affecting delivery caused by government action or carrier changes, You will have the right to cancel Your Order prior to dispatch.

Payments

All Goods purchased are subject to payment prior to dispatch. Payment can be made through Visa, MasterCard, American Express, Apple Pay, Google Pay, or other payment methods made available at checkout. Payment cards are subject to validation checks and authorisation by Your card issuer. If we do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.

7. Promotions & Gift Cards

Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

StarKids Gift Cards are redeemable in-store or online in accordance with their stated terms and are valid for 3 years from the date of issue in accordance with Australian law. Gift Cards cannot be exchanged for cash.

8. User Accounts

When You create an account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You agree not to disclose Your password to any third party and must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.

9. User Content, Reviews & Restrictions

Your Right to Post Content

Our Service allows You to post Content such as reviews and feedback. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and licence to use, modify, publicly display, reproduce, and distribute such Content on and through the Service. You represent and warrant that the Content is Yours and does not violate the privacy rights, publicity rights, copyrights, or any other rights of any person.

Content Restrictions

You may not transmit any Content that is unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable, including:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content.
• Spam, unauthorised advertising, chain letters, or any form of lottery or gambling.
• Viruses, worms, malware, or any code designed to disrupt, damage, or limit the functioning of any software or hardware.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, or right of publicity.
• Impersonating any person or entity including the Company and its employees or representatives, or violating the privacy of any third person.

The Company reserves the right, in its sole discretion, to remove or edit any Content that violates these Terms and to limit or revoke access to the Service.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. You agree to maintain a complete and accurate copy of any Content You submit in a location independent of the Service.

10. Intellectual Property & Copyright Policy

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), branding, logos, photographs, features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of Australia and foreign countries.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and licence to use, reproduce, disclose, distribute, modify and exploit such Feedback without restriction.

Copyright Infringement Notices

We respect the intellectual property rights of others. If You are a copyright owner, or authorised on behalf of one, and believe that copyrighted work has been copied in a way that constitutes copyright infringement on the Service, please submit a written notice to us via our Contact Us page or email contact@starkss.com.au with:

• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright’s interest.
• A description of the copyrighted work that You claim has been infringed and the URL on the Service where the material is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law, and that the information in Your notice is accurate.

11. Links to Other Websites

Our Service may contain links to third-party websites or services (such as Fresha for online bookings) that are not owned or controlled by the Company.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit. To the extent permitted by law, the Company assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

12. Termination, Consumer Guarantees & Limitation of Liability

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Australian Consumer Law & Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) which cannot lawfully be excluded, restricted or modified.

To the maximum extent permitted by applicable law, where we are permitted to limit our liability, the entire liability of the Company and any of its suppliers under any provision of these Terms shall be limited (at our option) to the replacement, repair, or resupply of the Goods or services, or the payment of the cost of replacing or resupplying the Goods or services (or the amount actually paid by You through the Service, or 100 AUD if You haven’t purchased anything through the Service).

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any indirect, incidental, or consequential damages (including loss of profits, loss of data, or business interruption) arising out of or related to the use of or inability to use the Website.

“As Is” and “As Available” Website Disclaimer

Subject to Your non-excludable statutory rights under the Australian Consumer Law, the Website is provided to You “AS IS” and “AS AVAILABLE”, and We do not warrant that the Website will operate without interruption or be completely free of errors or harmful components.

13. Governing Law, Disputes & Severability

Governing Law

The laws of the State of Victoria and the Commonwealth of Australia, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. The failure to exercise a right or require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right at any time thereafter.

14. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide notice prior to any new terms taking effect. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms.

15. Contact Us

If You have any questions about these Terms and Conditions, You can contact us: