PRIVACY POLICY

Privacy: your privacy is important to Black Oak Operations Limited (referred to in this Privacy Policy as we, our or us).  In accordance with this, our Privacy Policy governs our collection, use and disclosure of your personal information and has been prepared in accordance with our obligations and your rights set out in the Privacy Act 1993.  Electronic media services are included within these terms. Regarding amendments: Black Oak Operations Limited or its parents or subsidiaries may modify or amend this Privacy Policy at any time and for any reason.  Sending information: by using our website you consent to our use of your personal information in accordance with this Privacy Policy (as amended by us from time to time).

This privacy policy explains:

·       what kind of personal information we collect;

·       where we collect personal information from;

·       how we use personal information;

·       how we store personal information;

·       how you can access/amend your personal information;

·       how long we hold personal information; and

·       who you can contact for further information.

 

1.         What kind of personal information we collect

We only collect the personal information you give to us.  This may include your name, address, email address and contact telephone number.  We may also keep a record of any information that you acquire from us.

2.         Where we collect personal information from

We collect personal information about you by the following means:

·       when you contact us enquiring about the products and services we provide;

·       when we provide information, products or services to you; and

·       indirectly when you use our website, including by storing cookies.

3.      How we use personal information

We may use your personal information for the following purposes:

·       to reply to your queries;

·       to provide you with information, products or services;

·       to promote our products and services;

·       to comply with relevant laws and regulations;

·       to assess your credit-worthiness and enforce our payment rights;

·       for any specific purpose which we notify you of at the time your personal information is collected; and

·       for our administrative purposes.

We may disclose information about you (including your identity):

·       to a third party if we are required to do so by law, or in the course of legal proceedings, prospective legal proceedings or other investigations;

·       to our service providers to the extent required to provide our information, products and services to you; or

·       if we determine that the disclosure is necessary in connection with a complaint regarding your use of our information, products and services or our website.

Where we disclose your personal information to our agents or sub-contractors for these purposes, we ensure that the agent or sub-contractor in question is required to use that personal information in accordance with the terms of this Privacy Policy.

In the event that our business is sold or otherwise transferred to another party, we reserve the right, to the extent permitted by law, to transfer your personal (and non-personal) information to the relevant transferee.

4.        How we store personal information

We store personal information electronically and in paper based form. The personal information is kept safe and secure using generally accepted standards of security.

We may store information about you using cookies (files which are sent by us to your computer or other access device) which we can access when you visit our website.  We do this to understand how our customers use our website and for the administration of the website.

5.        How you can access/amend your personal information

You may access your personal information that we hold by emailing us at ui@blackoak.co.nz.  We will provide you with a copy of the personal information we keep about you.

You may request that the personal information we hold about you be corrected by emailing us at ui@blackoak.co.nz  If we agree that your personal information is to be corrected we will provide you with an amended record of your personal information.

6.        How long we hold personal information

We will keep your personal information for only as long as necessary for use in connection with the purpose for which it was collected.

7.        Who you can contact for further information

If you have any queries about this Privacy Policy or any personal information we have collected, please contact us.

©2017 Black Oak Holdings Ltd

TERMS AND CONDITIONS

1. General

1.1. This website (Website) is maintained by Black Oak Operations Limited (we, our or us) for the use by any registered or unregistered users of the Website (collectively, you or your).

1.2. The material on the Website resides on a server in New Zealand, and is controlled and operated from our office in New Zealand.

2. Terms

2.1. By accessing or using the Website, you accept, without limitation or qualification, these terms of use (Terms) together with any changes we may make to them and agree to comply by them. If you do not agree to these Terms, please do not use the Website.

2.2. These Terms apply to your use and access of the Website, as well as your submission of any material or communication to us through the Website.

2.3. These Terms do not apply to your use of websites, links or files that we do not own or operate, but to which the Website may link.

2.4. We may change these Terms at any time without notice to you. You should check this page regularly so that you stay informed about the terms and conditions which apply to your use of the Website.

2.5. Some of the provisions of these Terms may also be superseded by provisions or notices published elsewhere on the Website.

3. Products and treatments

3.1. We reserve the right to withold or refuse service to anyone for any reason at any time.

3.2. We reserve the right to amend our prices for products or treatments at any time.

3.3. We reserve the right to modify or discontinue products or treatments at any time, without notice.

4. Booking and cancellation

4.1. UP requires a minimum notice period of 24 hours for any cancellation or request to reschedule an appointment.

4.2. Please note - Cancellations or requests to reschedule within 24 hours of the appointment time may be subject to a charge of 50% of the originally scheduled treatment fee and forfeiture of deposit.

4.3 Cancellation or requests to reschedule 24 hours or more before the appointment time will likely be accepted, however we request that you advise us as soon as possible in order to facilitate this.  If cancellation or request for reschedule is accepted your deposit will be credited to your account for your next visit. 

4.4. In the Event you do not attend a treatment at the scheduled time or a time previously agreed by us, we reserve the right to charge the full cost of the treatment, without notice.

5. Returns, Shipping, Timings and Delivery

5.1. We currently ship to New Zealand only, but are looking forward to providing International shipping soon.

5.2. All orders placed with us will be delivered by Courier Post, New Zealand Post or by a alternative delivery method notified by us.  We are currently unable to deliver to PO Boxes or Private Bags.  Please visit Courier Post or New Zealand Post for further information.

5.3. Delivery charges include packaging, delivery and if specified, tracking charges.

5.4. We recommend allowing between 4-5 working days from the time of placing an order to receive delivery of products.

5.4. As we are committed to providing quality products and services we are happy to ensure customer satisfaction through our returns policy.  We accept returns of products within 14 days after the date of delivery.  Eligible returns will be exchangeable for credit at upsalons.com or at UP Salons premises.

5.5. Returned items must have proof of purchase, original tags and packaging, and be in new, unopened condition.  Any cost of return shipping will be the expense of the purchaser.

6. Intellectual Property and Proprietary Rights Notice

6.1. We own or are the licensee of all intellectual property rights in the Website and the material published on it (Content). These works are protected by New Zealand as well as international property laws including copyright. All such rights are reserved.

6.2. UP, the UP logo and Black Oak names and logos are trade marks owned by us. They may not be used with any products or services other than those products or services offered by us, or in any manner that is likely to cause confusion.

6.3. You may view or temporarily store extracts from the Website which is incidental to your access of the Website for your personal, non-commercial references without addition, alteration or deletion of the relevant Content or any copyright, trade mark or other proprietary notices. Neither title nor any intellectual property rights will be deemed to be transferred to you.

6.4. You must not use, modify, deep-link, frame, reverse-engineer, decompile, convert, copy, reproduce, republish, resell, upload, post, transmit, distribute, or commercially exploit in any way, any of the Content, the Website or any associated intellectual property by any means (whether electronic, mechanical or by information retrieval systems) without obtaining our express, prior written permission, regardless of the intended use.

6.5. You may not use any meta tags or other hidden text, or use any sponsored or paid Google or other search engine sponsored searched results or links that utilise keywords that directly relate to any of our intellectual property without our express, prior written permission.

6.6. You also agree not to directly or indirectly challenge our intellectual property or proprietary rights in the Website, Content of otherwise, or assist any other party to do so.

6.7. To notify us of any suspected infringement of these Terms, please contact us at 34B Kawerau Avenue, Devonport, Auckland New Zealand.

7. Use of the Website

7.1. You must not misuse the Website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or try to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

7.2. You acknowledge and agree that any content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you are entirely responsible for any and all of the content that you upload, post, email or otherwise transmit onto the Website (if any).

7.3. Any material that you upload to the Website will be considered non-confidential and non-proprietary and you agree that we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.

8. Anti-Spam

8.1. Publication of electronic addresses on the Website is for the purpose of professional communication only, and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.

9. Accuracy and Completeness

9.1. While we have attempted in good faith to ensure that all the Content contained on the Website is accurate at the time it is included, we make no representation or warranties as to the completeness, reliability or accuracy of any of the Content on the Website.

10. Links

10.1. Where the Website contains links to other websites and resources provided by third parties, these links provided do not imply our endorsement, nor are we responsible for the content of any such linked sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. You access such linked sites at your own risk.

10.2. You may link to the Website with our prior written approval.

11. Warranties and Disclaimers

11.1. You use the Website and the Content at your own risk.

11.2. The services, products and the Content on the Website are provided “as is” and without warranties of any kind, whether express or implied. To the maximum extent permitted by law, we disclaim all warranties (express or implied) including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

11.3. Neither we nor any of our licensors or suppliers warrant that your use of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or other harmful components.

11.4. We assume no responsibility for any error, omission interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of your use of the Website or any other third-party websites through hyperlinks. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software failure of any communication with us on account of technical problems or congestion on the internet or at any website(s), or any combination of the above, including any injury or damage to you or any other person’s computer related to or resulting from use of the Website.

11.5. You acknowledge and agree that (if applicable) we are not responsible in any way for any interaction that occurs between you and any other user of the Website.

12. Limitation of Liability

12.1. You release us from all and any liability for using or not using services, products and/or the Content on the Website.

12.2. To the maximum extent permitted by law, neither we nor our suppliers, licensors or any other party involved in creating or delivering the Website will be liable to you or any other person for any direct, indirect, punitive, incidental, special, consequential or other damages whatsoever or however arising out of or in any way connected with your access to, use of, or your inability to use, the Website, the Content or any products and/or services provided on the Website, even if we have been notified of the possibility of such damages.

12.3. Our liability for breach of implied warranties, conditions or undertakings which cannot in law be excluded is limited to NZ$100.

13. Disputes and Governing Law

13.1. The Terms are governed by and interpreted in accordance with the laws of New Zealand, notwithstanding any principles of conflicts of law.

13.2. By using the Website, you agree that any action at law or in equity arising out of or relating to the Terms, the Website, the Content, any products or services described therein will be filed exclusively in the courts of New Zealand, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts.

14. Jurisdiction and Compliance with Laws

14.1. Regardless of where you choose to access the Website from, you do so on your own initiative and agree to comply with all applicable international and local laws, statutes, ordinances, and regulations regarding your use of the Website and the services described therein.

15. Miscellaneous

15.1. If any provision of these Terms are held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

15.2. Possible evidence of use of the Website and the Content for illegal or abusive purposes will be provided to law enforcement authorities.

15.3. Except as otherwise provided in a written agreement signed by us, these Terms represent the entire understanding between you and us regarding your use of the Website, and your submission of any material or communication to us.

15.4. Any failure on our part to enforce any part of these Terms or to exercise any right we may have under these Terms will not constitute a waiver to any extent of our rights.

15.5. We may assign our rights and obligations under these Terms at any time to any party and, if we do, we will be relieved of any further obligations to you under these Terms.

©2017 Black Oak Holdings Ltd