Terms and Conditions

Introduction

By visiting and/or using the www.hunterlab.com.au website and its associated services and functions (“Website”) you agree to be bound by (“agreement”).
This agreement is formed between anyone who visits this Website (“you” and “your”) and Number E Pty Ltd ACN 165 492 419 trading as Hunter Lab (“we”, “us” and “our”).
If you do not agree to any provisions of this agreement, you must not use the Website.
We reserve the right to make changes to this agreement from time to time at our sole discretion. These may take effect immediately. By continuing to use the Website following the making of those changes, you agree to be bound by the changes. You should check our agreement and policies from time to time, especially when ordering products, to acquaint yourself with the current versions of those documents.

Registration

In order to make purchases and access some features of the Website, you may need to be a registered member.
You may not use another member’s account without their permission.
When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
If and to the extent we consider necessary, including if you make or seek to make purchases of a high value, you authorise us to perform credit checks, to transmit or obtain information about you from third parties, including credit providers, to authenticate your identity and/or to authorise individual transactions.

Orders

The promotion and listing of a product on the Website does not constitute an offer to sell or guarantee the availability of products. It is an invitation to treat only.
Orders placed by you are offers to purchase under the terms and conditions in this agreement and our other terms and conditions at the price specified (including delivery and other charges).
We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order.
You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. Once your order has been accepted, you will receive an order confirmation via email. Please check this confirmation carefully.
Payment must be effected in the manner described on the Website and must be received in full prior to dispatch of product by us. Title in the goods does not pass to you until payment has been received. There may be additional charges imposed by your credit card provider where your purchase involves foreign exchange transactions.
If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order. You warrant that there will be sufficient funds or credit facilities to cover the order amount. We reserve the right to obtain validation of your payment details before dispatching products.
Risk of loss or damage to the goods passes to you upon dispatch.

Cancellation due to error

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

Coupons, vouchers and gift certificates

If available you may purchase gift vouchers for yourself or for a third party. We may also send promotional vouchers from time to time. Gift and promotional vouchers may be emailed by us and it is your responsibility to ensure that you have provided the correct email address, whether it be for you or for a gift recipient. We do not accept responsibility for loss or failure of transmission due to your provision of incorrect email addresses.
Promotional coupons, vouchers and gift certificates may be used as payment for products listed on the Website. Gift vouchers and promotional coupons may be allocated an expiry date, after which time they will be unable to be redeemed.
You may purchase a product using partly voucher, coupon or gift certificate credits and the balance of the purchase price using other accepted payment methods if there are insufficient credits to cover the cost of your order.
If we reasonably believe that fraud or deception or other suspicious activity occurs in connection with the actual or attempted transfer or redemption of vouchers or coupon, we may prevent you from accessing your account, require alternative means of payment or take such other action as we deem appropriate.

Price and Fees

Prices are current at time of display but are subject to change. Pricing information including tax, duty and shipping charges, which are calculated for your shipping destination, is available on the Website and will be displayed on the order summary page.

Current Promotions

June Offer

Offer available from 7am 19 June 2024, until midnight 21 June, 2024.
By making a purchase during this promotional period, you agree to the following terms and conditions:

Eligibility:

This promotional offer is limited to one redemption per customer.
The offer is available only for one time purchases and not subscriptions

Offer Details:

Customers may choose one out of six selected products to receive for free with their order.
If a customer purchases two or more products that are part of the offer, the product with the lowest price will be provided for free.

Redemption Process:

To redeem the offer, add the eligible product to your cart.
The discount for the free item will be automatically applied at checkout.
Only one free item per customer is allowed. Subsequent purchases will not be eligible for the free product offer.

Restrictions:

The offer is subject to availability and may be withdrawn or changed at any time without notice.
The offer is non-transferable and cannot be exchanged for cash or other products.

Additional Terms:

We reserve the right to cancel any order that we deem to be in violation of these terms.
By participating in this offer, you agree to abide by our general terms of service and privacy policy.
 

Legislation

Intellectual property

“Hunter Lab”, including any logo version of that trade mark, is our trade mark or used exclusively under licence and may not be used by you without our prior written consent.
We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
Other trade marks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you provide us with any material or content (which may include text, data, files, images, photographs and audiovisual material) (“User Content”) for inclusion on the Website or for inclusion in or reproduction on any product, you grant us a royalty-free licence to use and reproduce that content on the Website or product as the case may be. We shall not be obliged to use, display or retain any User Content so supplied on the Website. You warrant that all such User Content will not infringe any third party’s intellectual property or other rights.

Legal Capacity

By making an on-line purchase or setting up an account you accept these terms and conditions and acknowledge that:
• you are entering into a legal contract with us; and
• if you are a company, you are authorised to bind the company to the terms of this agreement;

Termination

We reserve the right to change (including to alter, remove or add functionality) the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change. We may stop (temporarily or permanently) providing access to the Website to you or to visitors or members generally, at our reasonable discretion and without prior notice to you. This will not affect any concluded purchases that you have made. We may terminate your account or restrict your access to the Website without prior notice to you if we reasonably consider that there has been a breach of this agreement or any other of our terms and conditions by you.

Disclaimer

We do not warrant that the Website will be provided without fault or disruption. To the extent permitted at law and except as expressed to the contrary in this agreement, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
• errors, mistakes or inaccuracies on the Website;
• you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;
• personal injury or property damage of any nature resulting from your access to, and use of, the Website and any purchases made from the Website;
• any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
• any interruption or cessation of transmission to or from our Website;
• any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
• failures or deficiencies in relation to the merchantability or fitness for any purpose of any product appearing on any linked sites not operated by us or our related entities.
Except if and to the extent only required by law or as otherwise set out in this agreement, we do not warrant, endorse, guarantee or assume responsibility for any product advertised or offered by a third party at the Website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products.
We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorised access point is www.hunterlab.com.au with no characters before or after “www.hunterlab.com.au”.
Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.

Use of Website by you

You agree to use the Website only for purposes that are permitted by this agreement and not prevented by any applicable law or regulation.
You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.
You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.
You agree not to use, copy, distribute or commercialise content appearing on the Website except as permitted by this agreement, by law or with our prior written consent.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Transfer and Assignment

In the event that we merge, sell or otherwise change control of our business or this Website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer novate or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

Force majeure

We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.

Law

This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
If any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this agreement so that this agreement shall remain in full force and effect.
This Website is administered and operated from Australia. Although this Website may be accessible worldwide, not all features or products noted, provided or offered through or on this Website are available to all persons or in all geographic locations, or are appropriate or available for use outside of Australia and we reserve the right to limit the provision and/or quantity of any feature or product to any person or geographic area accordingly.
Any offer for any features or products made on this Website are void where prohibited.
If you access this Website from outside of Australia, you are solely responsible for complying with applicable local laws.

Waiver

If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
Last update: June 2018

Product Trials

In consideration for receiving the opportunity to test (the “Test”) the prototype product indicated below (the “Product”) produced by Hunter Lab, an Australian brand of Number E Pty Ltd (ABN: 67 165 492 419), I agree to the terms of the Product Test, Waiver of Liability, Nondisclosure, and Hold Harmless Agreement (the “Agreement”).

I agree to perform the following as part of the Test:
• use the Product beginning within three (3) days of receiving the Product;
• use the Product twice a day (morning and night) for 6 weeks
• take a before and after photo of your face in the appropriate setting
• respond truthfully to a questionnaire requesting demographic and other personal and non-personal information; and Product features such as comfort, utility, quality, and user experience and other Product-related questions;
• cooperate with Hunter Lab’s requests concerning the Product; and
• keep the existence, details and results of the Test and Product confidential.

I understand and agree that I will not discuss the Product with any third parties, including, but not limited to posting anything on social media until Hunter Lab provides written permission to do so or Hunter Lab launches the Product commercially to the general public.

I acknowledge and understand that the Product is a prototype version that is not expected to function fully or flawlessly during the Test; may contain defects and/or other problems; and may include product features that are not features that will be included in commercially available versions of the Product.

I understand and agree that the Product and Test are not publicly known, are confidential and sensitive in nature and are considered Confidential Information. I understand and agree that I will not use any information about the Product, Test or any other Confidential Information provided to me by Hunter Lab for any reason other than to complete the Test. I agree not to disclose any Confidential Information to anyone other than Hunter Lab. I agree to not reverse engineer, disassemble or decompile any Products, prototypes, or other tangible objects which are provided to me. I understand and agree that “Confidential Information” means any information disclosed by Hunter Lab to me, either directly or indirectly, in writing, orally or by inspection of tangible objects. I understand and agree that Confidential Information shall not include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by Hunter Lab; (ii) becomes publicly known and made generally available after disclosure by Hunter Lab to me through no action or inaction on my part; (iii) is already in my possession at the time of disclosure by Hunter Lab; (iv) is obtained by me from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by me without use of or reference to the Confidential Information provided by Hunter Lab to me, as shown by documents and other competent evidence in my possession or (vi) is required by law to be disclosed by me, provided that I promptly give Hunter Lab written notice of such requirement prior to any disclosure so that Hunter Lab may seek a protective order or other appropriate relief.

I understand and agree that Hunter Lab shall have the right to use, in any manner and for any purpose, any information, gained as a result of my Test of the Product, consistent with Hunter Lab's Privacy Policy, and the terms stated in this Agreement. Such information shall include but not be limited to survey data, quotes, written or oral feedback, and related data. Hunter Lab shall have the right to use, at its sole discretion, all such information for Hunter Lab's business purposes, including but not limited to using such information for Product improvements and data gathering. I further agree that any feedback, suggestions, ideas or other information provided to Hunter Lab as part of the Test (“Feedback”) will become the exclusive property of Hunter Lab and that I will not be compensated in any way for providing Feedback, and will not retain any rights to Feedback. I hereby assign any interest I may have in and to any such Feedback.

I hereby release, waive, discharge and covenant not to sue Hunter Lab, its members, officers, stockholders, agents and employees (hereinafter referred to as “Releasees”) from any and all liability, costs or expenses, claims, demands, actions and causes of action whatsoever for any loss, damage or injury, including death, that may be sustained by me, arising out of or relating to my participation in the Test, or while in any way engaged with activities related to the Test, wherever, whenever, or however the same may occur, regardless of who is at fault and including as a result of the negligence or fault of any of the Releasees. 

I acknowledge and understand that there are risks and hazards connected with participating in the testing of a prototype product. However, I hereby elect to voluntarily participate in the Test, even though participation in the Test may be inherently, or may become during the course of the Test, hazardous to my health. I knowingly and voluntarily assume all such risks, both known and unknown, even if arising from the negligence of the Releasees, and assume full responsibility for my participation in the Test. I agree to use the utmost caution and care to avoid injury or damage to myself and others. I further agree that prior to participating in the Test, I will inspect the Product to be used, and if I believe anything is unsafe, I will immediately cease to participate in the Test and will inform Hunter Lab.

I further agree to indemnify, save and hold harmless the Releasees and each of them, from any and all losses, liabilities, damages or costs they may incur due to my participation in the Test, whether caused by the negligence of any or all of the Releasees, or otherwise, and to reimburse the Released Parties for any costs and expenses, including, without limitation, attorneys’ fees, incurred in defending such actions.

I understand and agree that this Agreement, and all disputes arising out of or related hereto or in any way concerning the Test, shall be governed by and construed under the laws of the State of Victoria, Australia, without reference to conflict of laws principles. In any dispute related to the subject matter of this Agreement, the prevailing party in such dispute shall have the right to collect reasonable attorney’s fees and court costs from the other party.

In signing this release, I acknowledge and represent that:

I am at least eighteen (18) years of age and fully competent to sign this Agreement; 

I have read the foregoing Agreement, I understand it and agree to the terms and conditions of the trial.