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Terms and Conditions

Stellure Limited t/a Stellure ("Stellure") is providing to the consumer ("User") a service that facilitates the selection of hairstyles ("the Service") in conjunction with the Stellure software ("the Software"). By using the Service you are agreeing to the following Terms and Conditions.

  1. The Service provided by Stellure may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any New Zealand law is prohibited. This includes, but is not limited to, copyrighted material, material which is or may be objectionable under the Films, Videos and Publications Classification Act 1993, or material protected by trade secret or other statute. The User agrees to indemnify and hold harmless Stellure from any claims resulting from the use of the service, which damages the User or any other parties.
  2. The Service cannot be transferred or used by anyone other than the User.
  3. The Service may not be provided as a service to customers in a Hairdressing Salon or similar environment, whether or not such service is charged for.
  4. Stellure has the right to suspend or cancel service to a User at any time, and for any reason, without notice.
  5. The User may unsubscribe from the Service at any time. Once unsubscribed, the User may not use the Service until such time as they re-subscribe.
  6. Stellure makes no warranty that any hairstyle contained in the software database will be exactly replicated by a hairstylist as all hairstyles are limited by the characteristics of the individual's hair and are open to interpretation from different stylists.
  7. Stellure makes no warranty that the 3D model will be an exact replication of the User's photograph.
  8. Stellure is not liable if you fail to activate and use the software within you period of subscription.
  9. Stellure makes no warranties of any kind, whether expressed or implied, for the service it is providing. Stellure also disclaims any warranty of merchantability or fitness for a particular purpose. Stellure will not be responsible for any damage suffered. Use of any information obtained via Stellure is at the User's own risk. Stellure specifically denies any responsibility for the accuracy or quality of information obtained through the Service.
  10. Exclusion of Liability:
    1. Any defect in the services or in its maintenance shall not entitle the Subscriber to immediate cancellation of this contract.
    2. Without limiting the other terms of this contract, the Subscriber's sole remedy against Stellure shall be limited to breach of contract and Stellure's sole and total liability for any such claim shall be limited to, at the option of Stellure, either the re-supply of the services again or the amount of any levies for the period during which the breach allegedly occurred.
    3. Stellure will not be liable to the Subscriber for any claim for breach of contract, breach of statute or breach of duty in tort (including negligence) or for any claim in equity or otherwise at law for any losses or damages whether general, exemplary, punitive, direct, indirect or consequential (including any claim for loss of profits) however caused which may be suffered or incurred by the Subscriber or any third person or which may arise directly or indirectly out of or in respect of this contract or the services (or its maintenance) or by reason of any act or omission on the part of Stellure to comply with its obligations under this contract.
    4. Notwithstanding anything herein contained or implied, no employee, agent or director of Stellure will be liable to the Subscriber for any breach of duty or care in contract, tort, equity or otherwise in relation to the performance of obligations under this contract or in relation to the subject matter of this contract.
    5. To the maximum extent permitted by law all terms, warranties or representations, whether statutory or otherwise and whether express or implied, oral or written as to the state, merchantability, quality, fitness for purpose or fitness of the services and its maintenance are hereby excluded.
    6. Notwithstanding anything else herein contained or implied Stellure is not attempting to exclude any of its legal liabilities under the Consumer Guarantees Act 1993.
    7. This clause shall survive termination of this contract.
  11. Relationship of the Parties. The User warrants it has not relied on:
    1. any representation made by or on behalf of Stellure which has not been expressly stated in this contract; or upon any publicity material or brochures produced by or on behalf of Stellure.
    2. This contract constitutes the complete and exclusive understanding between the parties in relation to the subject matter hereof and supersedes all prior contracts, proposals, communications and representations made by either party (whether oral or written) and this contract may only be modified if such modification is in writing and signed by a duly authorized representative of each party. This contract shall prevail over any inconsistent terms and conditions in any other contract between the parties whether in correspondence or otherwise and any conditions or stipulations to the contrary are hereby excluded and extinguished. Except as otherwise expressly stated in this contract, neither party has any other responsibility or obligation to the other.
    3. Non Waiver: Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this contract shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.
    4. Should any provision of this contract be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this contract shall remain unaffected thereby unless otherwise stated.

These Terms and Conditions supersede all previous representations, understandings or contracts and shall prevail notwithstanding any variance with terms and conditions of any order submitted. This document shall be construed, interpreted and governed by the laws of New Zealand. Use of the Service constitutes acceptance of these Terms and Conditions.