Website terms of use

The Basic Co owns and operates this website. Access to and use of this Website is and the products and services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use).

By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

1. Amendments to Terms of Use

1.1 The Basic Co reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website.

1.2 Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

2. Website

2.1 Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice.

2.2 We will not be liable if for any reason this Website is unavailable at any time or for any period.

2.3 From time to time, we may restrict access to some parts or all of this Website.

3. Linked sites

3.1 This Website may contain links to other websites (Linked Sites), which are not operated by The Basic Co. The Basic Co has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

3.2 Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.

3.3 Our store is hosted on Shopify Inc. and they provide us with the online e-commerce platform that allows us to sell our products and services.  Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

4. Privacy policy

4.1 Our privacy policy, which sets out how we will use your information, can be found below. By using this website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.

5. Prohibitions

5.1 You must not misuse this Website.

5.2 You will not:

5.2.1. commit or encourage a criminal offense;

5.2.2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

5.2.3. hack into any aspect of the Service; corrupt data; cause annoyance to other users;

5.2.4. infringe upon the rights of any other person's proprietary rights;

5.2.5. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

5.2.6. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

5.3 Breaching this provision would constitute a criminal offense and as the owner of the website, The Basic Co will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

5.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

6. Intellectual property, software and content

6.1 The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of The Basic Co or its licensors and are protected by copyright laws and treaties around the world.

6.2 All such rights are reserved by The Basic Co and its licensors.

6.3 You may store, print and display the content supplied solely for your own personal use.

6.4 You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

7. Disclaimer of liability

7.1 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. 

7.2 To the fullest extent permitted by law The Basic Co hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. 

7.3 This does not affect The Basic Co liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

8. Linking to this website

8.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

8.2 You must not establish a link from any website that is not owned by you.

8.3 The Basic Co must not be framed on any other site, nor may you create a link to any part of this Website other than the home page.

8.4 We reserve the right to withdraw linking permission without notice.

9. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

9.1 Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with The Basic Co and you should not rely on the existence of such a connection or affiliation.

9.2 Any trade marks/names featured on this Website are owned by the respective trade mark owners.

9.3 Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to The Basic Co.

10. Indemnity

10.1 You agree to indemnify, defend and hold harmless The Basic Co, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.

11. Variation

11.1 The Basic Co must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.

12. Invalidity

12.1 If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect.

12.2 So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly.

12.3 Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

13. Complaints

13.1 We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

13.2 Contact details are listed below in 23.1.1. 

14. Age of consent

14.1 By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

15. Private Statement

The Basic Co A.B.N. 55 625 437 916 is committed to protecting and respecting your privacy.

This policy (together with our Terms of Use and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

15.1 The Basic Co is operated by Shique Hair & Beauty who is referred to in this privacy policy as “we”, “us”, “our” and similar grammatical forms.

15.2 By using our The Basic Co website or registering for an account with us, you are accepting the terms of this privacy policy, and you are consenting to our collection, use, disclosure, retention and protection of your personal information as described in this privacy policy.

15.3 We appreciate that your privacy is important to you. The Basic Co will continue to protect the personal information you provide us and we will manage your personal information in compliance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs).

15.4 We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment.

16. When do we collect information?

16.1 We do not automatically collect personal information from you, such as your name, address, phone number, email address or other personally identifiable information about you (personal information). We collect three categories of information when you use our Website:

16.1.1. the personal information you voluntarily provide — that is, we collect personal information with your informed consent;

16.1.2. anonymous non-personal information about how you use our Website; and

16.1.3. “cookie” based information that makes your use of our Website easier by recording your preferences so that when you return to our Website the “cookie” re-loads that information into your web browser.

16.2 For example, we will collect personal information from you when you register on our Website, place an order, subscribe to our newsletter, respond to a promotional offer, competition or survey or fill out a form related to any customer service feature operating on our Website. 

16.3 When you become a subscriber to the The Basic Co you will need to provide certain details so that we can establish and manage your customer account.

16.4 When you log-into our Website using your Google or Facebook log-in (or use any other log-in connected to any other social media platform) you are allowing that social media platform to share your personal information with us (that is, your personal information related to your log-in with that social media platform, which may include your email address and other personal information).

17. Why do we need to collect personal information?

17.1 We collect personal information when you volunteer that information in order to receive a service from our Website.

17.2 The personal information collected on our Websites will be used to provide the services you have requested, such as setting up and managing your subscription to the The Basic Co or processing any purchases you may make at The Basic Co.

17.3 Your personal information may be used in relation to any survey, promotional offer or any competition you may enter on our Websites.

18. What information do we collect?

18.1 The type of information we collect from you will depend on what services on our Website that you use.

18.2 The personal information we may collect includes your name, postal address, email address, telephone numbers and contact details and information for identification purposes.

18.3 If you make online purchases from the The Basic Co by credit card or debit card or direct debit from your bank account we will collect your card or bank account details.

18.4 General information about visits to our Websites is collected by our computer servers, with small files “cookies” that our Websites transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”).

18.5 The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Websites are visited, in what order and how often and the previous website visited and also to process the items you select if you are making purchases from The Basic Co.

18.6 The anonymous non-personal information that when collect and analyse in not personal information as described in the Privacy Act.

19. Why do we use “cookies” and other web use tracking technologies?

19.1 When you access our Website, a small files containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that our Website can recognise your computer when you next visit our Website. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address they merely identify your computer to our Websites when you visit us.

19.2 We can also log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.

19.3 We collect information using “cookies” and other tracking technologies for the following reasons:

19.3.1. to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;

19.3.2. to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user;

19.3.3. to sell advertising on the Website in order to meet some of the costs of operating the Website and improve the content on the Website; and

19.3.4. when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.

19.4 Even if you have given us permission to sent you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.

19.5 If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly, however, you can still place orders over the telephone by contacting the Basic Co service personnel.

20. How do we store your information?

20.1 We use different technologies and procedures to help protect personal information from unauthorized access, loss, alternation, disclosure or use. Some of the safeguards we use are physical access controls, information firewalls and access authorisation controls to where your personal information is held in data centres. We also use data encryption when personal information is transferred to and from our service providers. Our commitment to data security means:

20.1.1. we have procedures to limit access to personal information within our organisation; 

20.1.2. we use security measures and technologies within our organisation to protect your personal information; and 

20.1.3. we use service providers that can establish that they have secure controls relating to softwaresecurity, access security and network security, including where credit card information is being transferred.

20.2 Our Website is not hosted in Australia. For that reason, we transfer all data on the Website (including all personal information) to our hosting service provider in the United States via Shopify. In addition, web traffic information we collect, such as data collected by Google Analytics may be stored overseas.

21. What use do we make of your personal information?

21.1 We will communicate with you in relation to any purchases you make from The Basic Co.

21.2 We may send you information and updates about any other product, service or information that we provide to our customers; in addition we may send you occasional company news and information about other products and services or special promotional offers of our affiliated companies. If at any time you would like to stop receiving future commercial messages from us, we include detailed unsubscribe instructions at the bottom of each email.

21.3 We may also release your personal information when we believe release is appropriate to comply with the law, enforce our subscription agreements, website policies and terms & conditions, or protect ours or others rights, property, or safety.

22. How can I access the personal information that you collect?

22.1 We are happy to provide you with details of personal information held about you. APP 12 allows you to get access to, and correct, the personal information we hold about you.

22.2 To access this information, you need to email or write to us using the contact details below.

22.3 APP 13 allows you to ask us to take reasonable steps to correction any personal information that is inaccurate, out of date, incomplete, irrelevant or misleading.

22.4 If you believe that your personal information has been misused, you can inform us of your complaint by writing to our address and we will attempt to resolve the matter.

23. Questions and contact information

23.1 If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at:

23.1.1. hello@thebasicco.co or by mail at:

THE BASIC CO
[Re: Privacy Compliance Officer]
14/7 O’CONNELL TERRACE
BOWEN HILLS QLD 4006, Australia

23.1.2. If you are not satisfied with the outcome of your complaint you may refer the matter to the Office of the Australian Information Commissioner (OAIC).

Telephone: 1300 363 992.
enquiries@oaic.gov.au

OAIC complaints page: http://www.oaic.gov.au/privacy/privacy-complaints