Termsand conditions

Acknowledgement and Acceptance

  1. Church & Dwight (Australia) Pty Ltd. (“C&D”), maintains this website www.toppik.com.au (the Website), to permit visitors to learn more about C&D, its businesses and its products, to create a customer account and to order and purchase certain TOPPIKTM products. Please feel free to browse the Website for informational, or entertainment purposes or to order any goods or products available on this Website (Products) in accordance with these terms and conditions (the Terms of Use). Subscribers, account holders, customers, users, and others who download, access, use, make purchases on and/or subscribe to the Website (you) agree to these Terms of Use. These Terms of Use are a condition of, and govern your use of and any order you make on, the Website.
  2. To the extent permitted by law, C&D reserves the right at its own discretion to change these Terms of Use at any time and to notify users of any such changes by on-line postings. If you do not agree to accept all of the Terms of Use then you must cease use of the Website immediately and not order any further Products. Your continued use of the Website after such postings will automatically constitute your acceptance of those changes.

Using the Website and your Account

  1. You are responsible for all of your activity in connection with accessing and using this Website, including the purchase of any Products.
  2. In order to use certain features of the Website, the Website may require you to register and create a Toppik customer account (Account) with C&D by following the registration process set out in the Website. 
  3. If you wish to purchase any Product from us, the Website may allow you to checkout as a guest or you may be required to have an Account. The Website may not allow you to purchase Products unless you have an Account
  4. Where you create an Account, as part of the Account registration process, we may ask you to provide information to verify your identity.  You warrant that all information (including any personal information) that you provide at the registration stage is true, complete and accurate. 
  5. You must ensure your registration details are up-to-date at all times.
  6. C&D reserves the right to refuse to create an Account, suspend or terminate your Account at any time if we suspect that any information that you provide is not correct, if the delivery address is not correct or your Account has been misused and shall incur no liability for such suspension or termination.
  7. You must not assign, transfer or otherwise deal with your Account without our consent (which can be withheld at our absolute discretion).
  8. Use or access to your Account may be subject to a logon system.  You must keep safe and secure all identification information (including username and password) (ID) used to access your Account, and you must not disclose them to anyone else or allow anyone else to use your Account.  You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under your Account, and assume full responsibility for all activities that occur under your Account. This includes any purchase made through your Account.
  9. As a condition of your use of the Website, you agree to abide by all applicable laws and regulations, and to conduct yourself in accordance with these Terms of Use. Specifically, and without limitation, you are prohibited from and agree not to use the Website to:
    1. violate any laws;
    2. defame, abuse, harass, stalk, threaten or otherwise offend others;
    3. disseminate (e-mail or otherwise) any material, which is unlawful, abusive, obscene, pornographic, defamatory, discriminatory, harassing, grossly offensive, vulgar, threatening or malicious;
    4. use any address harvesting software or automated scripting tool software;
    5. use any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission;
    6. engage in chain letters, scams, pyramid schemes, unsolicited e-mailing or spamming via C&D’s tools;
    7. impersonate any person or entity or act in any way that is false or misleading;
    8. use (upload, post, e-mail, transmit) Website content in way that you do not have a right to under any law or contractual obligation;
    9. distribute viruses or any other technologies that may harm the Website, the interests or property of C&D or other users;
    10. interrupt or attempt to interrupt the operation of the Website in any way;
    11. impose an unreasonable load on our infrastructure or interferes with the proper working of the Website;
    12. copy, modify, or distribute any other person’s content without their consent;
    13. bypass measures used to prevent or restrict access to the Website; or
    14. in any way that makes available using the Website any material that you do not have a right to make available or which contains viruses or other computer codes, files or programmes designed to interrupt, limit or destroy the functionality of other computer software or hardware.
  10. C&D may make improvements or changes in the information, services, Products, and other materials displayed on the Website, or terminate the Website, at any time without notice. Subject to C&D’s rights under clause 25 of these Terms of Us, termination of the Website does not affect any orders for Products that you have placed and paid for.
  11. If you upload content to the Website (where the Website provides such functionality from time to time), you must include the author and source of the content and ensure you have obtained the necessary rights to use the material in the way in which it is being used.
  12. You agree to indemnify us against all liability claims or proceedings whatsoever arising from your publishing the content by uploading it onto the Website in relation to defamation, breach of copyright, trade mark infringement, unfair competition, trade practices, royalties, violation of rights or privacy.
  13. You warrant that any content you upload to the Website (where the Website provides such functionality from time to time) is legally compliant and that its publication does not give rise to any rights against or liabilities against C&D, including anything that is capable of a breach of the Australian Competition and Consumer Act 2010 or relevant legislation.
  14. Use of the Website is restricted to residents of Australia who are currently located in Australia. C&D does not warrant that the content of the Website complies with the laws of a jurisdiction outside of Australia.

Ordering and purchase of Products

  1. This Website may allow you to order Products.  Any information provided on this Website in respect of any Products (including the price of the Products) does not constitute an offer to sell but an invitation to treat only, and is subject to the availability of the Products and your eligibility to purchase the Products.
  2. Product prices shown on this Website include GST, but exclude shipping and handling fees.  You will be advised of any GST, shipping and handling fees (if any) on the online order form when completing your online purchase.  All prices are payable in Australian dollars.
  3. We reserve the right to vary or correct the prices on this Website at any time without prior notice.
  4. By placing an order using this Website, you are offering to purchase the Products at the price (plus any delivery charges or other applicable charges) specified in the electronic order form you completed, and on these Terms of Use.  All other terms and conditions proposed by you are rejected and have no effect.  The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is also excluded.
  5. To the maximum extent permitted by law, we may, in our absolute discretion, reject or cancel any order we receive for any reason at any time before delivery (even if the order was accepted by the Website), including the unavailability of Products, an error in the price or the description of the Products on this Website, cancellation or dishonouring of your payment or any error in the order placed by you.  In such case, we will refund you for any amounts that you have paid for the cancelled order.
  6. This Website may offer different payment methods which you may select in the online order form when completing your online purchase.  You are solely responsible for any fees or charges that may be imposed on you by a third party in connection with your choice of payment method. Payments are processed by our selected third party payment processor. If any fees or charges are imposed on us in connection with your choice of payment method (for example, merchant fees for payment by credit card), then these may be charged to you.  The additional amount (if any) will be set out in the online order form.
  7. This Website may offer different delivery methods. You may be able to choose which delivery method you prefer in the online order form when completing your online purchase. 
  8. All orders and delivery charges must be paid for in full and cleared funds before we will deliver the Product to you.
  9. Subject to you making payment, we will use reasonable endeavours to deliver the ordered Products to the delivery address set out in the order (Delivery Address). 
  10. We will only deliver Products to Australia. Your Delivery Address must be located in Australia.
  11. Once your order has been processed you will be provided with the tracking details for the applicable third party delivery carrier.
  12. The actual delivery date will depend on the third party delivery carrier and any delays by delivery carrier are not C&D’s responsibility.
  13. To the best of our ability, product orders received by 5pm, Monday to Friday, will be dispatched the following business day. Delay in delivery does not relieve you from your obligation to accept delivery of and pay for the Products. 

C&D makes no guarantee around delivery times. However, if you have any questions or queries about the delivery or non-delivery of Products please contact C&D customer service on 1300 554 123.

  1. The Products will be deemed to have been delivered to you, and you will be deemed to have accepted delivery, if the delivery carrier’s tracking system states that delivery has occurred.  If the Delivery Address is not attended, then the delivery carrier will follow its customary procedures for undelivered goods, which may include leaving a note requesting you to the pick up the Product or leaving the Product at the Delivery Address.  Subject to you making full payment, title and risk in the Products will pass to you upon delivery or deemed delivery of the Products.
  2. We do not offer any “change of mind” refund for Products purchased on this Website.
  3. Information about Products on the Website is provided for information purposes only.
  4. C&D does not provide warranties regarding the Products being suitable for your requirements. You are responsible for selecting correct colours of Products, where applicable, to suit your requirements.
  5. To the maximum extent permitted by law, we exclude all representations, warranties, terms, statutory guarantee, conditions and undertakings in respect of the Product that we supply.  However, the Products come with statutory guarantees that cannot be excluded under Australian Consumer Law, and also other conditions, warranties or representations that are implied by law and which cannot be lawfully excluded (Prescribed Terms). 
  6. To the maximum extent permitted by law, a representation, warranty or Prescribed Term will not apply to any fault or failure of the Product if it has been caused by accidental or deliberate damage, neglect or misuse, whether by you or another person.
  7. Our liability in relation to any representation, warranty or Prescribed Terms or otherwise in connection with the Products is, to the maximum extent permitted by law, and at our discretion, limited to the resupply of Products or equivalent goods, the repair of the Product or the payment to you of the cost of having the Products repaired or supplied again.  However, this does not exclude or restrict any rights or remedies that you may have in relation to a “major failure”, as that term is defined in the Competition and Consumer Act 2010 (Cth).
  8. If you have a right (whether at law or under these Terms and Conditions) to return the Product for a refund, then you must follow the procedures outline in Deliveries and Returns.

Intellectual Property

  1. All information that you read or see on the Website is protected by copyright or other intellectual property laws. The content is owned by C&D, its affiliates, or other third parties from whom C&D has received certain legal rights. You may not report, modify, publish, sell, reproduce, distribute post, display, transmit, upload, communicate to the public, or in any way exploit any content of the Website for commercial purposes unless you have obtained the prior written consent of C&D, which C&D may grant or withhold in C&D’s absolute discretion. You may, if you wish, download and retain on a disk or in hard drive form a single copy of the content of the Website for personal, non-commercial purposes as long as you do not remove any copyright or other proprietary notices. You will not download any information or content from any part of the Website if you are aware, or reasonably ought to be aware (including taking into account the purpose for which you wish to download or use the information or content), that the information or content should not, or was not intended to, be downloaded or distributed by you. You agree not to reverse engineer, decompile or disassemble the Website or any part thereof into a human-readable form.
  2. The trademarks, trade names, slogans, logos and icons (Trademarks) displayed throughout the Website are the Trademarks of Church & Dwight Co., Inc or of its affiliated companies, or third party licensors. No license, right or permission is granted to you for any use of the Trademarks by you or anyone authorised by you. The use or misuse of the Trademarks or any other content on the Website is strictly prohibited and C&D will aggressively enforce its intellectual property rights to the fullest extent of the law.
  3. The pictures and images of people, Products, places or things displayed on the Website are either the property of C&D or are used with the permission of third parties. Any use of such pictures or images by you or anyone authorised or affiliated with you is strictly prohibited. Unauthorised uses of pictures and images may violate copyright or trademark laws, privacy laws, communication laws or regulations, and other laws or regulations.

Disclaimers relating to the Website

  1. We do not warrant that access to this Website will be uninterrupted, or that the services and features offered on this Website will be error-free.  We reserve the right to change or discontinue any feature on this Website, the availability of this Website and the software required to access it.
  2. The information on this Website is provided for information purposes, general interest and enquiry only.  While we use reasonable efforts to ensure that the information on this Website is complete and up to date, to the extent permitted by law, we make no warranty or representation as to the accuracy, currency or completeness of any information on this Website.  The use of this Website is at your own risk.  Information may change without notice.  Before relying on any information on this Website, you should first verify the accuracy of the information and its relevance.  This may mean contacting our personnel or the sponsor of the Products before relying on any information on this Website or placing any orders to purchase the Products.

Warranties & Limitation of Liability

  1. You agree to indemnify and will keep C&D and its affiliated companies and their officers, agents and employees indemnified against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including in respect of any negligent, reckless or wilful act by you) made against or suffered by any one or more of them in connection with your use of the Website including any website linked to the Website, your failure to use the Website or any website linked to the Website, your breach of these Terms of Use or your breach or violation of any rights of third parties.
  2. While C&D has made reasonable efforts to include Information on the Website which is accurate and timely, the information and content is provided on a “as is”, “as available” basis and is subject to change without notice. To the extent permitted by law, C&D makes no representations, guarantees or warranties as to the accuracy or reliability of such information or content and specifically, C&D will not be liable or responsible for any errors or omissions in the information or the content on the Website or any loss or damage you may suffer as a result of relying on the information or content on the Website. Moreover, C&D neither warrants nor represents that your use of the information or the content will not infringe the rights of third parties who are not affiliated with C&D and will not be liable for any loss or damages which you may suffer as a result of allegations of infringement as a result of your use of that information or content. Your access to and use of the Website is at your own risk, and to the extent permitted by law, neither C&D nor any party involved in the creation, transmittal, or maintenance of the Website shall be liable to you in contract, tort (including negligence) or otherwise for any direct, indirect, consequential, incidental or punitive damages of any kind allegedly arising directly or indirectly out of or in connection with your access to, use of, or reliance upon any information or content of the Website or the information or content of any website linked to the Website, your use of the Website, your inability to access or use the Website, any virus or other harmful component transmitted, any damage that may occur to any computers, mobile phones, tablets or any other devices used to access the Website (Devices), or a failure or omission on the part of C&D to comply with its obligations under these Terms of Use.
  3. To the extent that these limitation of liability clauses are subject to warranties or consumer guarantees that cannot by law be excluded, C&D’s liability for any beach of such warranty or guarantee (including, but not limited to, any warranties or guarantees imposed by law in connection with the supply by C&D of services referred to on the Website) is limited to, where permitted by law, at C&D’s option to the resupply of the services or payment of the cost of supplying the services again.
  4. In relation to Products that you order and purchase from this Website, to the maximum extent permitted by law, our aggregate liability to you will not exceed the price of the Products actually paid by you to us.
  5. You expressly release C&D, its affiliated companies and their officers, agents and employees from all claims whatsoever which you may have against any one or more of them arising out of or connected with any conduct of any one or more of them in relation to any transaction conducted on the Website or any use by you of the Website or the information or content contained on it or your use of any website linked to the Website (or information or content contained on a linked website), whether or not the conduct or use is referred to in these Terms of Use.
  6. C&D assumes no responsibility and shall not be liable for any damages to, or any viruses that may infect a Device resulting from your access to or use of the Website or any website linked to the Website, or the downloading of any information or content from the Website any website linked to the Website.

Privacy

  1. Where you create an Account we may collect, hold, use and disclose your information for the purposes of allowing you to you register to create an Account and order Products on the Website. We may also use this information to keep you informed of other C&D hair care products and services that may be of interest to you. In the event you do not wish to receive such communications, you can opt-out by contacting us via the contact details set out below or through any opt-out mechanism contained in a marketing communication to you.
  2. C&D’s practices in relation to the collection and handling of personal information are set out in our Privacy Policy. When you provide us with your personal information, we retain and use this information for the purpose of providing you with information about C&D. Please see our Privacy Policy [link] for further information.

User Generated Content

  1. You are solely responsible for any content that you create, transmit or display on the Website and for the consequences of your actions (including any loss or damage that C&D or any third party could suffer) by doing so.
  2. C&D has the right to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the Website at its sole discretion. If you find any content that is objectionable please contact C&D Privacy Officer, whose details are listed in the Privacy Policy [link].
  3. Except as provided for in our Privacy Policy, any communication or material transmitted to the Website by electronic mail or other means, shall be treated as non-confidential and non- proprietary (this includes ideas, suggestions, comments, questions and any other information or data), and anything submitted to C&D can be used, copied, distributed, adapted, displayed, reproduced, transmitted, disclosed or published by C&D or its affiliates without restriction or compensation.

Third Party Websites

  1. C&D has not reviewed all of the websites which are linked to the Website. No inference or assumption should be made and no representation should be implied that C&D is connected with, operates, monitors, or controls these websites or that C&D endorses the views expressed by, or the content of, any linked websites. C&D is not responsible for the content of such linked websites and your linking to such websites is at your own risk.

General

  1. C&D reserves the right to alter or delete any material from the information or content of the Website at any time. C&D further reserves the right to discontinue the Website at any time and without notice.
  2. If any provision of these Terms of Use is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms of Use and will not otherwise affect the validity and enforceability of any remaining provisions.
  3. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You agree that the courts exercising jurisdiction in New South Wales will have the exclusive jurisdiction to resolve all disputes arising from this Website or these Terms of Use, and you agree to submit to the jurisdiction of those courts.
  4. If you have questions or concerns regarding these Terms of Use, you may write to us at:

    Church & Dwight (Australia) Pty Ltd

    PO Box 6369
    Frenchs Forest NSW 2086
    Australia
    enquiries@churchdwight.com.au