Terms of Use
1. WELCOME
1.1. This website (www.rwhairextensions.com.au) is operated by Rachael Waddle t/a RW Hair Extensions. Throughout the site, the terms “we”, “us” and “our” refer to Rachael Waddle.
1.2. By purchasing something from us, agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
1.3. If you have any questions about your purchase, or about these terms please contact us on rachael@rwhairextensions.com.au
2. ONLINE STORE TERMS
2.1. You may only buy from us if you are at least 18 years old, and by buying from us you are representing that you are over 18.
2.2. We reserve the right to refuse service to anyone for any reason at any time.
2.3. Our online store uses commercially available shopping cart software, which is generally considered to be secure, however we can make no guarantees in that regard.
2.4. We make a significant effort to ensure that any products listed are accurately described and depicted. However, colours of products may vary slightly from that depicted on our site, this is due to electronic images not always showing colours in the manner they are perceived in person. By placing an online purchase you accept such colour variance and no refunds or returns will be allowed for such a reason.
2.5. Mistakes do occasionally happen. If we make an error and send you the wrong product, please let us know and we will gladly send you the right one at no cost to you.
3. PRODUCTS
3.1. Please choose products carefully as no refunds are provided or permitted for any reason. We offer no guarantees as to effectiveness as each person’s hair is different and reacts slightly differently to product.
3.2. We reserve the right to change our prices at any time (prior to your payment in full) without notice. Stock that is sourced overseas can be subject to fluctuation in prices (and exchange rates) and accordingly the only way to guarantee a particular price is for you to complete your purchase at that price.
3.3. When using any new cosmetic or hair care product, we always recommend that you use a test amount initially, to ensure that you have no reactions or sensitives to any of the ingredients in the products. We do not manufacture any of the products ourselves and as such cannot be responsible for the contents of such products. You acknowledge and understand that it is your responsibility to be aware of any sensitivities you may have and to check the ingredients and to a test use when using a new product.
3.4. Hair extensions must be taken care of in accordance with the instructions provided. If you do not receive instructions with your purchase, it is your obligation to request such instructions from us. Absolutely no chemicals, colour or bleach may be used on the hair extensions, as this can damage the extensions.
3.5. We do not offer refunds on any hair extension or other product purchases. This is due to the personal nature of the products. If you open a jar of hair product, we cannot sell it to another customer. If you have used a hair extension, we cannot sell it to another customer. In much the same way that clothing stores will not offer a refund on underwear once you have tried it on, we cannot offer refunds once you have tried the hair extensions.
3.6. In the unlikely event that you believe that the hair is of faulty quality, you may return it to our store at your expense. It will then be sent to our supplier for testing to determine whether the hair has been misused. If the hair is found to be from a faulty batch, a replacement may be offered.
3.7. Asian Remy Hair Extension Prices
The hair is of Asian origin, it is our more budget-friendly variety of hair. My Asian Remy hair extensions are machine made with a lot of care, so unlike others, ours do not shed. They are thick from root to tip and last between 3-6 months for medium to light colours and 3-8 months for medium dark to dark depending on how you look after it. Providing a cost effective option for quality hair extensions.
3.8. Russian Hair Extension Prices
RW Hair Extensions uses 100% Real Russian Virgin hair. This is best quality hair you can buy. Although Russian hair extensions cost more, the hair has never been chemically treated and can last up to 2-4 years depending on how you look after it.
3.9. Russian hair extension prices vary due to different levels of colour, length and width of the weft.
3.10.Russian hair extensions is to be paid in full, takes up to 2-4 weeks to be made and consultation at our Matraville Studio is required.
4. APPOINTMENTS
4.1. For in-store appointments, a $30 deposit is required for new hair or tightening. You are required to provide at least 3 working days’ notice of change or cancellation of your booking (to give us an opportunity to fill that slot with another booking). If you provide at least 3 days’ notice, your deposit will be transferred to your next booking. If you provide less than 3 days’ notice, you will not receive a refund of the deposit/booking fee.
4.2. If we have to cancel or postpone any appointment with you for any reason, we will let you know as soon as possible and arrange for an alternative appointment time that suits you.
4.3. You agree to let us know at the time of booking your appointment if you have any allergies or sensitives that may affect you during your appointment with us. Unless you alert us to such allergies or sensitives, we will assume you have none.
4.4. You agree to behave courteously when attending our premises and you agree to be responsible for any person(s) who may attend with you. We reserve the right to ask any person who is disruptive or otherwise behaving improperly, to leave our premises. Should you or any person accompanying you become disruptive or behave inappropriately to the extent that we ask you to leave the premises, we will not be obliged to complete the services (even if you have paid for them in full). We may require payment in full for the intended services, even if we are not able to complete such services due to such disruption or inappropriate behaviour. You may return for a later appointment, which will be charged at the full rate, provided you are not disruptive or inappropriate at the return appointment and provided you do not return with any person who was previously disruptive or inappropriate.
5. PAYMENT
5.1. If paying by credit card, you agree not to issue any charge-back or refund request via your bank or credit card company. We do not offer refunds due to the personal nature of the products, including hair extensions, which makes our services and products unsuitable for credit card charge-back or refund requests.
6. DAMAGES
6.1. We are not liable for any loss, harm or damages related to the purchase or use of goods or services from us. Complaints, claims, concerns, or questions regarding third-party products that we sell should be directed to the third-party (other than for hair extensions, as explained above).
6.2. For any products that you purchase from our online store, you are responsible for such products once they leave our premises. In the event that the products are not delivered or are delivered in a damaged state, you agree you will take the matter up with the postal or courier service through which such products were sent. We will provide you with all relevant information in order to make such follow up.
6.3. In the event that the clause above is deemed by a court to be unenforceable, the extent of our liability for such loss or harm will be limited to the price which you have paid to us for the goods or services most closely related to such loss, harm or damages.
7. PRIVACY AND PERSONAL INFORMATION
7.1. We will use reasonable efforts to ensure that any personal information you provide to us will be kept secure and not made available to other parties (other than is necessary for the operation of our business).
8. SECTION 15 – SEVERABILITY
8.1. In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
9. SECTION 17 – ENTIRE AGREEMENT
9.1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
9.2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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 of Service).
9.3. You agree to comply with all public health requirements (as interpreted by us) including, but not limited to, the wearing of mask(s), social distancing, hand hygiene, signing in requirements and the like as we may notify you from time to time.
9.4. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
10. GOVERNING LAW
10.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of NSW, Australia.
11. CHANGES TO TERMS OF SERVICE
11.1. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Service or ordering of our goods following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Dated, 22 March 2021
Terms & Conditions – RW Hair Extensions™ Certificate Course
Welcome!
1. Welcome to your RW Hair Extensions™ Certificate Course journey. We can’t wait to get started with you.
Parties to this agreement
2. These Terms and Conditions form a legally binding agreement between you (“you”, “your”, etc) and Rachael Violet Waddle t/a RW Hair Extensions (“we”, “our”, or similar) which governs your use of our services such as training, consulting services, workshops.
3. This Agreement governs the terms by which you interact with us, our course and our content.
4. Our best contact details for questions about this package is rachael@rwhairextensions.com.au
Acceptance
5. Please note that by signing up to our course or having phone or online sessions with us, you are agreeing to these terms, and you are entering into a legally binding contract.
6. If you do not accept all the Terms and Conditions, you must not use or access our content or attend any session offered by us.
No Guarantees
7. We cannot offer a guarantee that you will achieve a certain level of proficiency with hair weaving. A lot depends on how much time and effort you put into following the system that we teach you and how much practice you engage in. In particular, it is essential that you do any practice exercises set as part of the course.
8. We can say that the processes we teach have been successful in our founder’s own business and in other businesses they have mentored.
Your package details
9. You have selected our RW Hair Extensions™ Certificate course
10. Our RW Hair Extensions™ Certificate course includes:
10.1. In-person training, as described on our website. Where multiple sessions are provided, it is your responsibility to ensure that you attend all sessions. If you are not able to attend a session for whatever reason, no refunds are offered, but you may attend a session on another course, if we have space and if we run a future course (but we cannot guarantee this)
10.2. Follow up coaching calls are available at no extra cost if you need further help or advice. Although coaching calls are encouraged to help and support you in resolving any difficulties you might have, we do reserve the right to limit the number and duration of such calls. We may also recommend that you do a quick in-person visit to our premises, if needed for additional support. Alternatively, we may offer additional support via video recordings.
10.3. Our overall goal is to do what it takes to see you succeed.
Your Commitment and What We teach
11. By entering into this agreement, you are committing time and effort to learn and practice the methods and processes that we teach. While our processes and methods are not the only way to do things, to get the best out of this course, we strongly recommend following our teachings as closely as possible, as we are teaching tried and tested methodologies.
12. We do not claim that our methods are the only methods, and in fact, we help you discover your own unique style. If you find solutions or methods that work better for you, please discuss that with us and understand that our process has been designed as a cohesive whole, and altering any one part, may cause unexpected difficulty in other parts.
13. Being a successful can be challenging and to get the most out of working with us you must be prepared to work hard and put time, effort and energy into learning and practicing our methods and processes.
14. You agree to abide by the highest standard of good ethical conduct when using the processes we teach you, including not using the processes or information taught to cause harm or injury or for any illegal purpose.
15. You agree not to sell, give away, publish, post or modify any of our content or give anyone access to your user account (if applicable) or to give anyone access to the training materials we provide to you, including any workbooks or videos.
Your Responsibility To Determine Your Regulatory Requirements16. Our coaching services specifically exclude providing you with any legal advice. Please note that our course is not a “hairdressing” course and does not permit you to describe yourself as a “hairdresser”.
17. If you successfully complete the course and master the proficiencies set for certification, you may call yourself “RW Hair Extensions Certified Hair Weaver”.
18. It is your responsibility to understand your obligations in regards to the Australian Consumer Laws which require you to provide “safe” services and not to trade in a manner that is unfair or misleading. More information can be found on the Australian Consumer Law government website at www.consumerlaw.gov.au
19. There may be other legal requirements when operating your business, and we provide no advice on such requirements.
Course Coverage20. This program is generally run over 3-in person sessions with practice exercises set to be completed between sessions. The format of the course may change from time to time at our discretion as we refine and discover the best methods of teaching our skills and processes.
21. A half day refresher course may be offered for an additional fee (cost provided at the time). This will only be available to people who have successfully completed the complete and master the proficiencies set for certification as part of the “RW Hair Extensions Certificate Course”.
Intellectual Property & Goodwill
22. Our intellectual property is everything that we teach, all methods, plans, charts, materials (electronic or otherwise), videos, workbooks, slides, graphics, blogs, trade marks (whether registered in your country or not) and anything else we produce or provide to you in relation to the services that we offer.
23. We are generous with sharing our intellectual property to our paid members, but please understand that this information is our intellectual property and shared with you only for your own personal or business use in creating and operating your own business, as stated in paragraph.
24. This course is for your personal and business education only. You specifically agree not to create a competing course anywhere in the world or to teach our techniques (or modified versions of our techniques) to your clients or anyone else, whether for free or for profit. You may not share or modify the material in any way with any other person, including on social media without our prior written consent. (See terms relating to intellectual property for more information on limitations). This is a material term or working with us. You agree to liquidated damages in the amount of AUD50 000 per breach, if you breach this term. for breach of trust and loss of confidentiality.
25. Regarding social media, you are welcome to (and encouraged to) share your before and after success photographs, but you specifically agree not to share any images (photographs, videos or any other type of images) of our process(es).
26. Our intellectual property is licenced to you under the terms of this agreement. No intellectual property will be transferred to you as a result of attending our course. Of course, if, using our methods, you create your own intellectual property (for example a flow chart to demonstrate some aspect of your services to your client), you will own intellectual property in what you created.
27. We love enthusiastic followers and are happy to discuss our affiliate or referrals program with you, if you want to filter people to us, because we like to reward people who refer people to us (note: rewards are only for when your referrals actually sign up to our program).
28. Copyright in the wording of this agreement belongs to Acacia Law. You may not use it, or any part of it without their written permission and payment of a licence fee. For details please email contracts@acacialaw.com
29. The intellectual property provisions provide ongoing obligations which will survive the termination of this agreement.
Postponement of Sessions
30. We reserve the right to cancel or postpone or move online any, workshop, seminar or event, or 1-2-1 session should exceptional circumstances require us to do so. If this happens, we will work with you to ensure that alternative dates (if necessary) suit you. No refunds will be given if events are required to be held online instead of in person, or if dates for in-person sessions have to be changed. While Rachael Waddle will present most sessions personally, she reserves the right to engage a suitably trained replacement person at no notice to you.
31. When attending any session in person, you are responsible for the costs and risk of attendance and for your own travel, including for COVID lockdown costs, or any associated loss or injury, including personal injury and associated losses. We recommend always taking out travel insurance, as appropriate, and always booking refundable flights and refundable hotel accommodation, in case of unforeseen circumstances. You are also responsible for any damage or loss of your property (eg. if you drop your phone at one of your sessions, or lose it on the way to one of our sessions, the responsibility remains with you).
Cancellations & Replacements
32. We do not accept cancellations or offer refunds. Naturally, you may elect not to complete all the course requirements. No refunds are given under any circumstances. This is to ensure financial and cash flow certainty on our end.
33. Instead of cancellations, we may offer a placement in a future course (if such a placement is available). We will need you to be flexible in accepting placement on future courses as the courses contain several participants and dates are set in advance for planning purposes.
Payment
34. The costs of this course is $6999 and must be pre-paid on our website. We accept payment via PayPal. Zipmoney is also available for those who wish to pay off the course.
35. Please note that by signing up to this course you are agreeing to attend the course and may not request a refund from PayPal or Zipmoney if you change your mind or do not attend the course for any reason whatsoever. If you are not able to attend the course you are booked into, we will work with you to find alternative suitable course dates (as they become available), but cannot guarantee a future course will be run. If you decide not to attend, this is a breach of contract on your part and not a failure on our part to provide our services (the course will go on without you if you decide not to attend or are unable to attend).
Force Majeure
36. If any services under this agreement need to be postponed due to an “act of God” or an act of nature (including virus lockdown) or other circumstances beyond our control, such as strikes or cancellation of flights or internet outages or virus outbreaks, severe illness of the trainer, we will notify you as soon as we can of the postponement and the alternative dates.
Insurance
37. My in-person workshops are held in locations that I trust, but please make sure that you have your own insurance to cover you in the unlikely event of damage or loss of property or personal injury when attending my events, as I will not be responsible for any such damage or costs.
Your Indemnity
38. To the fullest extent allowable by law, you agree to indemnify, defend and hold us, our people, our affiliates, our content providers and their respective directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) as a result of any services you provide after being trained by us or in connection with our training, this agreement, the performance or alleged or actual breach of it.
General Provisions
39. To the extent permitted by law, we and our people shall not be liable for any damages, costs or losses whatsoever arising as a result of attending our training or using our training or materials.
40. Should any liability attach, despite the clauses above, to the extent permitted by law, our liability and the liability of our people under this agreement shall not exceed the total aggregate amount you have paid to us for our services.
41. Any failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right for any later instance of performance or enforcement.
42. This Agreement is not assignable by you without our prior written consent. We may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
43. Where we reasonably believe that content provided under our training is being used outside of the scope of the license granted under this Agreement, you agree to, at our request, provide a certificate of compliance signed by you, in a form to be approved by us. In particular, our intellectual property is licenced for your use within your own business and not licenced for you to teach it (or a modified version of it) to others.
44. If any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision of an enforceable provision or provisions, that as closely as possible reflects the terms of the unenforceable whole or part provision but makes them enforceable.
45. Unless prohibited by operation of law, this Agreement will be governed by the laws of the State of Queensland or New South Wales (at the election of Rachael Waddle) and the federal laws of Australia.
46. Neither party will be liable for performance delays nor non-performance due to causes beyond its reasonable control, except for payment obligations.
47. We do not make any guarantees as to the accuracy or quality of any third party products, information or services provided to you on our platforms or during our course, or linked to our platforms / courses / sites / pages. You agree that we will not be liable or responsible for any loss, damage, refunds, costs or any other matters of any sort as a result of dealing with such third party information or services.
Acknowledgement
48. You acknowledge that you have read this agreement, understand it, and have had an opportunity to seek independent legal advice before agreeing to it. In consideration of us agreeing to provide the content, you agree to be bound by the terms and conditions of this agreement.
49. By signing up for our services, attending one of our workshops or webinars or coaching sessions, accessing our content including workbooks, or making any payment to us, you agree that you have read, understood and agree to be bound by these terms and conditions.
50. By ticking a tick box agreeing to these terms and conditions or otherwise agreeing to these terms and conditions or by the act of using our content or registration as a user of our website, you agree that you have read, understood and agree to be bound by these terms and conditions.
51. You warrant that you have full legal capacity to enter into this agreement.
52. Should any clause or sub-clause be deemed unenforceable, the remainder of this agreement will be enforceable so as to give effect to the remainder of this agreement, with an interpretation as near as possible to the unenforceable provision, as is enforceable.
53. Should any liquidated damages amount in this agreement be considered inappropriate or unenforceable by a court, a different amount may be substituted by a court, being an amount as close as possible to the amount stated in this agreement, as allowed by the court.
54. This agreement is governed by the laws of Australia and you agree that any disputes will be subject to the exclusive jurisdiction of the competent court nominated by us at the time a dispute arises.
55. This is an important legal agreement and we recommend you seek legal advice before entering into it and agreeing to your obligations in it.