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Cancellation policy

Terms & Conditions for Hairvac Subscription Services

Effective Date: 20/05/2025

1. Introduction

These Terms & Conditions ("Terms") govern your subscription to the Hairvac Professional Vacuum System and related services ("Services") provided by [MCM Imports Pty Ltd] ("Supplier," "we," "us," or "our"). By subscribing to a Hairvac plan, you ("Customer," "you," or "your") agree to be bound by these Terms, our Privacy Policy [Link to Privacy Policy], and any other policies referenced herein.

2. Definitions

  • Hairvac System: Refers to the Hairvac Professional Vacuum Cleaner unit provided by the Supplier.
  • Hairvac Bags: The consumable vacuum bags specifically designed for use with the Hairvac System.
  • Subscription Plan(s): The Hairvac Essential, Hairvac Advantage, and Hairvac Pro service tiers, as described on our website.
  • Subscription Term: The minimum initial period of your subscription (either 12 or 24 months), and any subsequent renewal periods.
  • Upfront Investment: The one-time non-refundable fee paid by the Customer at the commencement of a Subscription Plan.
  • Monthly Fee: The recurring monthly payment made by the Customer for the chosen Subscription Plan.
  • Delivery Fees: The initial delivery fee for the Hairvac System and ongoing delivery fees for Hairvac Bags, as specified in the Subscription Plan and included in the Upfront Investment or Monthly Fee.
  • Early Termination Fee (ETF): The fee payable by the Customer for cancelling a Subscription Plan before the end of the Subscription Term.
  • Website: hairvac.com.au

3. Agreement to Terms

By completing the subscription process on our Website, you confirm that you have read, understood, and agree to these Terms. If you do not agree to these Terms, you must not subscribe to our Services.

4. Subscription Plans & Pricing

4.1 Plan Tiers: We offer three Subscription Plans: * Hairvac Essential: Designed for single-chair salons. * Hairvac Advantage: Designed for small salons (up to 5 chairs). * Hairvac Pro: Designed for large salons (6+ chairs). Detailed inclusions for each plan, including the Hairvac System, initial Hairvac Bags, monthly Hairvac Bags, and value-added services, are set out on the Website.

4.2 Pricing: a. All prices, including the Upfront Investment and Monthly Fees, are as stated on the Website and include 10% Goods and Services Tax (GST). All amounts are expressed in Australian Dollars (AUD). b. The Upfront Investment covers the provision of the Hairvac System, initial Hairvac Bags, and initial delivery of the Hairvac System. This fee is non-refundable. c. The Monthly Fee covers the ongoing supply of Hairvac Bags, ongoing bag delivery, access to support services, and specific value-added benefits applicable to your chosen Subscription Plan.

4.3 Price Changes: We reserve the right to change the Monthly Fee for Subscription Plans at any time. Any price changes will be communicated to you by email at least [e.g., 30 days] before the new price takes effect. If you do not agree with the price change, you may cancel your Subscription Plan in accordance with clause 9.2, provided you do so before the new price takes effect.

5. Contract Term & Renewal

5.1 Minimum Commitment: All Subscription Plans are offered for a minimum commitment period (the "Subscription Term") of either 12 months or 24 months, as selected by you during the subscription process.

5.2 Automatic Renewal: Unless cancelled in accordance with clause 9.2, your Subscription Plan will automatically renew for successive renewal periods of [e.g., 12 months] at the then-current Monthly Fee for your chosen plan.

6. Payment Terms

6.1 Initial Payment: The Upfront Investment and the first Monthly Fee (if applicable, depending on plan activation) are due and payable immediately upon subscription.

6.2 Recurring Payments: Subsequent Monthly Fees will be automatically charged to your nominated payment method on the same day of each subsequent month (or the closest business day).

6.3 Payment Method: You must provide valid and current payment details and authorise us to charge your payment method for all applicable fees. You agree to promptly update your payment details if they change.

6.4 Failed Payments (Dunning): If a payment fails, we will attempt to retry the payment. We will notify you via email if payment fails. If payment remains outstanding after [e.g., 7 days], we reserve the right to suspend or terminate your Subscription Plan and Services. You may also incur late payment fees or charges as per our policy [If applicable, link to policy].

6.5 No Refunds: All Upfront Investments and Monthly Fees are non-refundable, including for partial months of service.

7. Delivery & Installation

7.1 Initial Delivery: Upon successful payment of the Upfront Investment, we will arrange for the delivery of your Hairvac System and initial Hairvac Bags to the shipping address provided during subscription. We will endeavour to deliver within [e.g., 7-14 business days], but delivery times are estimates only.

7.2 Ongoing Delivery: Your monthly allocation of Hairvac Bags will be delivered to your nominated business address at regular intervals as part of your Monthly Fee.

7.3 Customer Responsibilities: You are responsible for providing a safe and accessible environment for delivery and ensuring the Hairvac System is used in accordance with the provided user manual and safety guidelines.

8. Ownership, Use, Warranty & Maintenance of Hairvac System

8.1 Ownership: The Hairvac System provided under your Subscription Plan remains the property of the Supplier until you have successfully completed your entire minimum Subscription Term (12 or 24 months) and all associated Monthly Fees and any other outstanding charges have been paid in full. Upon completion of your Subscription Term and full payment, ownership of the Hairvac System will transfer to you.

8.2 Use of Hairvac System: You agree to: a. Use the Hairvac System strictly in accordance with its user manual and for its intended purpose in a commercial salon or grooming environment. b. Perform routine cleaning and maintenance as recommended in the user manual. c. Only use genuine Hairvac Bags with the Hairvac System. Use of non-genuine bags may void your warranty and may cause damage for which you will be responsible. d. Not make any unauthorized modifications, alterations, or repairs to the Hairvac System.

8.3 Warranty & Maintenance: a. Standard Warranty: The Hairvac System comes with a manufacturer's warranty covering defects in materials and workmanship. Details are provided with your unit. b. Tier-Specific Benefits: * Hairvac Essential: Standard Warranty & Basic Customer Service. * Hairvac Advantage: Includes Priority Customer Support and Extended Product Protection (enhanced warranty/streamlined replacement). * Hairvac Pro: Includes Dedicated Account Manager, Annual On-Site Performance Check-Up (or Advanced Virtual Diagnostic), Expedited Unit Replacement & Loaner Program, Flexible Bag Delivery & Custom Orders, and Exclusive Early Access. c. Exclusions: Warranty and replacement services do not cover damage caused by misuse, neglect, accidental damage, unauthorized repairs, or use of non-genuine Hairvac Bags. In such cases, repair or replacement costs will be borne by the Customer. d. Repair/Replacement Process: If your Hairvac System requires repair or replacement, you must contact our customer support. We will guide you through the process, which may involve troubleshooting, return of the faulty unit, and dispatch of a replacement.

9. Termination & Cancellation

9.1 Termination by Supplier: We may terminate or suspend your Subscription Plan and Services immediately if: a. You breach any material term of these Terms (e.g., non-payment, unauthorised use). b. Required by law or regulatory authority. c. Your payment method fails repeatedly.

9.2 Cancellation by Customer (After Minimum Term): a. You may cancel your Subscription Plan after the completion of your initial 12-month or 24-month Subscription Term by providing us with at least [e.g., 30 days'] written notice prior to the end of your then-current Subscription Term. b. Upon cancellation, your Monthly Fee will cease, and we will no longer send Hairvac Bags.

9.3 Early Termination by Customer (Before Minimum Term): a. If you wish to cancel your Subscription Plan before the completion of your 12-month or 24-month Subscription Term, an Early Termination Fee (ETF) will apply. b. The ETF is calculated as the sum of: i. The remaining amortised cost of the Hairvac System. This is the difference between the full retail price of the Hairvac System at the time of subscription [e.g., $627 incl. GST] and the amount effectively recovered through your Upfront Investment and Monthly Fees paid to date. ii. An amount equivalent to [e.g., 50%] of the remaining Monthly Fees for the unexpired portion of your Subscription Term. c. You will be provided with a detailed calculation of the ETF upon request for early cancellation. d. Payment of the ETF is due within 7 days of agreement to early termination.

10. Limitation of Liability

To the maximum extent permitted by law, the Supplier shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; or (c) unauthorised access, use, or alteration of your transmissions or content. Our total liability for any claims arising out of or relating to these Terms or the Services shall not exceed the amount paid by you to us in the six (6) months preceding the event giving rise to the liability. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy which you may have under the Australian Consumer Law, or any other applicable law which cannot be lawfully excluded or limited.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Supplier and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your breach of these Terms; or (c) your violation of any applicable law or the rights of any third party.

12. Intellectual Property

All intellectual property rights in the Hairvac System, the Hairvac brand, Website content, and all associated materials belong to the Supplier or its licensors. Your subscription grants you a limited, non-exclusive, non-transferable right to use the Hairvac System solely for its intended purpose during your Subscription Term.

13. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which details how we collect, use, and disclose your personal information. Please review our Privacy Policy at Privacy Policy.

14. Force Majeure

Neither party shall be liable for any delay or failure in performance of its obligations under these Terms caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, fires, floods, earthquakes, pandemics, strikes, or power outages.

15. Governing Law & Dispute Resolution

15.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.

15.2 Dispute Resolution: We encourage you to contact us directly to resolve any concerns. If a dispute cannot be resolved informally, the parties agree to first attempt to resolve the dispute through mediation before resorting to litigation.

16. Amendments to Terms

We reserve the right to amend these Terms at any time. We will notify you of any material changes by posting the updated Terms on our Website and/or sending you an email. Your continued use of the Services after such notification constitutes your acceptance of the amended Terms.

17. Entire Agreement

These Terms, together with any other policies referenced herein, constitute the entire agreement between you and the Supplier regarding your Subscription Plan and supersede all prior or contemporaneous communications, understandings, or agreements, whether written or oral.

18. Contact Information

If you have any questions about these Terms or your Subscription Plan, please contact us at:

MCM Imports Pty Ltd

Suite 6 / 151 Foveaux St,

Surry Hills,

Sydney NSW 2010

Australia

Email: sales@hairvac.com.au