Policies

Australian Domestic Shipping

We offer complimentary standard shipping via Australia Post on all orders over $49, and complimentary express shipping via Australia post on all orders over $99.

• Standard Shipping: $9.95 AUD (3–9 business days).
• Express Shipping: $14.95 AUD (1–4 business days).

Orders placed before 12pm on business days (Monday–Friday) will be dispatched the same business day. Orders placed after this time will be dispatched the next business day. Excludes public holidays.

Tracking Your Order

Once your order has been fulfilled, you will receive a tracking number via email to monitor its progress.

Delivery Delays

While we strive to ensure timely delivery, please note that delays may occur due to factors outside our control, such as carrier disruptions. For urgent deliveries, we recommend selecting the Express Shipping option (excludes aerosols).

We offer a 30-day return and refund policy for:

• products which are unused, unopened and inoriginal packaging; and
• incorrect, damaged, faulty or missing items.

Please review the details below to ensure your request is processed smoothly.

1. Incorrect, Damaged or Faulty Products

If you receive an incorrect, damaged, or faulty product, please contact us
within 30 days of receiving your order. Include the following details in your email:

• Order confirmation number
• Photos of the product(s) showing the issue.

Once verified, we will provide instructions for a replacement or refund. 

2. Missing Items

If an item is missing from your order, please notify us as soon as possible. Include your order confirmation number in your email, as well as a description of exactly what is missing, so we can promptly organise a replacement.

3. Change of Mind

We offer a 30-day Change of Mind return policy for products which are unused, unopened and in original packaging. Please contact us within 30 days of receiving your order. Include the following details in your email:

• Order confirmation number
• Details of product(s) you would like to return.

If the purchase included a Gift with Purchase (GWP), the gift must be returned along with the purchased item/s. if the gift is not returned, your refund may be reversed or denied upon inspection, and the items will be sent back to you.

 4. Other Issues

If you experience any other issues with our products, such as an adverse reaction, please contact us at support@nakhair.com.au with details. Our team will assist you in resolving the matter.

How to Return Products

If you need to return a product in accordance with this policy, please follow these steps:

• Contact our Customer Support Team at support@nakhair.com.au to receive return instructions.
• Package the product securely to prevent damage during transit.
• Use a trackable and insured shipping service, as we cannot take responsibility for items lost or damaged in return transit.

 Important Notes:

• Shipping costs for returns are the responsibility of the customer and are non-refundable.
• For hygiene reasons, we do not accept returns or exchanges for accessories. 

Contact Us

For any questions or concerns regarding shipping, refunds, or returns, please reach out to our Customer Support Team:

• Email: support@nakhair.com.au
• Website Chat

Natural Australian Kulture Pty Limited (ACN 103 624 451) (NAK Hair, we, us and our) understand that your privacy is paramount and are committed to protecting your privacy. This policy sets out how we handle information about you.

We may modify or amend this Privacy Policy from time to time and will publish any updated version of this Privacy Policy on our website when we do. This Privacy Policy was last updated on 7 April 2025.

Unless you notify us otherwise, we will assume that you have consented to the collection of all information which is provided to us for use in accordance with this Privacy Policy.

Personal information is information or an opinion about an individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in material form or not.

We may collect personal information from you when you:

• participate in any event, class or competition organised or run by us;
• buy any goods from us, we will collect the personal information you provide to us during the ordering process or in the course of the purchase (such as checkout forms, newsletter sign-ups, contact forms etc.;
• visit our website; or
• contact us by any method, such as telephone, email, post, facsimile or in person, or otherwise as notified to you from time to time.

The personal information you provide to us may vary depending on the nature of your interaction with us, but may for example include your name, date of birth, contact details, address, payment information (via third-party processors such as Shopify Payments, PayPal etc.), browsing behaviour (cookies, IP address, device type, etc.), your interests in our products or events, and any communications you send to us.

There may be occasions when we collect information about you from a third party. In such instances, we will determine whether we would have been entitled to collect such information from you and to the extent we would not have been entitled to do so, we will destroy or de-identify such information as soon as reasonably practicable.

Where possible, we will allow you to interact with us anonymously or using a pseudonym. For example, if you contact us with a general enquiry, we will not ask for your name unless we need it to adequately handle your enquiry.

However, for most of our functions and activities we usually need your name and contact information.

Our web servers may automatically collect information when you visit our websites, including: 

- your IP address; 
- the date and time of your visit; 
- the parts of our website you access during your visit; 
- your actions on our website; and 
- the browser you are using.

In using our websites, your personal information may be collected through the use
of cookies (for analytics, ads, etc.). These are small text files placed on your mobile device or computer by our websites which automatically collect information about you without you providing that information to us directly. Most browsers are set by default to accept cookies. However, if you do not wish to receive any cookies you may set your browser to either prompt you whether you wish to accept cookies on a particular site, or by default reject cookies. 

Please note that rejecting cookies may mean that some or all of the functions on our website will not be available to you. 

Sometimes our websites contain links to other websites. When you access a website other than our websites, we are not responsible for the privacy practices of that site. We recommend that you review the privacy policies of each website you visit. 

Our websites use Google Analytics, a web analytics service. Google Analytics uses cookies. The information generated by the cookie about your use of our websites is usually transmitted to a Google server in the USA and stored there.

The personal information that we collect is generally used to provide products or services to you, and, if you use our website, to track your usage, to evaluate performance of our website, and to keep track of your account settings. Information collected by us may also be used for the following purposes: 

(i) to provide you with information in relation to the products and services we provide; 

(ii) to send email notifications for special promotions or offers conducted by us; 

(iii) to send order updates;

(iv) to conduct marketing activities and to conduct market research; 

(v) to respond to your questions or suggestions; 

(vi) to improve the quality of our products or services; or 

(vii) to improve the quality of your visit to our Website. 

You may opt out of receiving marketing information by notifying us accordingly, or by using any unsubscribe facility we provide for that purpose.

We may disclose your personal information to other related entities within our corporate group for our own business purposes. Some of our related entities are located overseas, including in New Zealand. 

We may disclose information to third party contractors (including Klaviyo Inc., Meta, Shopify, PayPal, shipping providers, Customer Relationship Management (CRM) such as Gorgias etc.), who help us conduct our business and carry out our functions and activities. Where information is shared with these third parties, we will take all reasonable steps to ensure that third parties observe the confidential nature of such information and are prohibited from using any or all of this information beyond what is necessary to assist us. 

Klaviyo, Inc. may collect and store personal information when you visit our websites. For more information, please use this link: https://www.klaviyo.com/legal/privacy-policy. 

We may disclose your personal information to a third party referred to above that is located outside Australia, including in the United States of America. 

While we may market the goods or services of third parties in limited circumstances as described above, we will always do so ourselves (or using our own third-party contractors). We do not sell, rent or trade personal information to third parties for marketing purposes. 

We may also disclose your personal information as permitted or required by law.

We will, on request, provide you with access to the information we hold about you, including for the purpose of correcting, updating or deleting that information, unless there is an exception to such disclosure which applies under relevant privacy legislation. You may withdraw your consent at any time. If you require access to your personal information, please email our team at support@nakhair.com.au. Alternatively, you may login to the website where you will be able to update certain information we hold about you.

For most requests, your information will be provided free of charge, however, we may charge a reasonable fee if your request requires a substantial effort on our part.

If we refuse to provide you with access to the information, we will provide you with reasons for the refusal and inform you of any exceptions relied upon under the APPs (unless it would be unreasonable to do so).

We take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date whenever we collect or use it.  If the personal information we hold about you is inaccurate, incomplete, irrelevant or out-of-date, please contact us and we
will take reasonable steps to either correct this information, or if necessary, discuss alternative action with you.

We are committed to protecting your personal information. We take appropriate security measures to protect your personal information from misuse, interference or loss, and from unauthorised access, modification or disclosure. We utilise network firewalls and access control procedures as means of protecting your personal information, including restricting internal access to your personal information.

We may modify or amend this Privacy Policy from time to time. We will publish the current version of this Privacy Policy on our website at www.nakhair.com.au.

If you have any queries or complaints with regards to our collection, use or management of your personal information, please contact our team at support@nakhair.com.au.

If you make a complaint, we will endeavour to respond to it as soon as possible. If you are dissatisfied with our response, you have the right to make a complaint to the Office of the Australian Information Commissioner by
phoning 1300 363 992 or by email at enquiries@oaic.gov.au.

Published: 11 February 2026

Last Updated: 2 February 2026

This NAK Authorised Wholesaler Policy for Australia (Policy) is issued by Natural Australian Kulture Pty Ltd (NAK, we, us or our) and
applies to Authorised Wholesalers of NAK products in Australia (the Territory), including, but not limited to, NAK, ORI LAB, ROH, CARE, NAK Professional, and any other brands manufactured or sold by NAK (collectively, the Product(s)).
By purchasing Products from NAK for distribution, you (Wholesaler, you or
your) agree to comply with this Policy. 

This Policy applies to you 10 days after the date that we issue it to you, unless otherwise agreed in writing (Applicability Date). Our supply of the Products to you is on the condition that you comply, and only resell the Products in accordance, with
this Policy. On and from the Applicability Date, and in consideration of your purchase, and our supply, of the Products, this Policy is a binding document between you and NAK and it supplements any then-current authorised wholesaler agreement
between you and NAK (the Wholesaler Agreement). Unless and until
such status is otherwise revoked by NAK, in our sole and absolute discretion, you shall be considered an ‘Authorised Wholesaler’.

At any time, NAK may review your activities for compliance with this Policy, and you agree
to cooperate with any such investigation, including, but not limited to, permitting inspection of your facilities and relevant records. The obligations in this Policy are in addition to those set out in the Wholesaler Agreement and a breach of this Policy will be deemed a breach of any such Wholesaler Agreement.
To the extent there is any inconsistency between this Policy and the Wholesaler
Agreement, this Policy takes precedence. Defined terms used throughout this Policy
have the meaning given to them throughout this Policy and/or in the Wholesaler Agreement.
Nothing in this Policy dictates the price that you or Authorised Wholesale
Customers are permitted to sell the Products at, which you each may determine
in your sole discretion.

1.     Authorised
Wholesale Customers and Territory

a.     You are authorised to
sell Products only to Authorised Wholesale Customers in the Territory. An ‘Authorised
Wholesale Customer’ is an individual or business entity that purchases
Products from you and uses or resells the Products as part of a commercial
enterprise within the haircare industry.

b.    You shall not without the prior
written consent of NAK (i) sell, ship, or promote the Products outside the
Territory; (ii) sell, ship, or promote Products to any person or entity who you
have any reason to believe will or may sell, ship or promote the Products
outside the Territory; (iii) sell, ship or promote Products to any third-party
storefront, drop-shipping account or an online marketplace, or any person or entity
who you have any reason to believe will or may sell the Products on any
third-party storefront or an online marketplace (including, but not limited to,
Amazon, eBay, Strawberry Net, Temu, Facebook Marketplace, Big W Marketplace,
and/or Woolworths Marketplace); or (iv) enable or permit any customer to breach
the Authorised Retailer Policy.

c.      You shall distribute or make
available policies, updates to policies, Product information, educational materials, and other information to your Authorised Wholesale Customers as
requested by NAK from time to time.

d.    You are strictly prohibited from
selling Products to End Users in the Territory. An ‘End User’ is any purchaser
of the Products who is the ultimate consumer of the Products and who does not intend to resell the Products to any third party.

2.     Online Sales

a.     You are authorised to
offer for sale and sell Products to Authorised Wholesale Customers through
Permissible Public Websites in accordance
with the terms set out below.  A ‘Permissible
Public Website’ is a website or mobile application that (i) is operated by you
in Wholesaler’s legal name or registered fictitious name; (ii) is not a
third-party storefront, drop-shipping account or an online marketplace; (iii)
complies with the NAK Online Sales Guidelines, attached as Exhibit A,
as NAK may amend from time to time in accordance with clause 7 of
this Policy; and (iv) is submitted to and approved by NAK in accordance with
clause 2(b) of this Wholesaler Policy.

b.    Within 10 days of the Applicability
Date, you must, if requested, submit a list of the URLs of the Permissible Public Websites, as well any other information requested, to NAK
for review and approval. You agree to promptly notify NAK of any change to the
website information submitted by emailing support@nakhair.com.au.

c.     You shall not, or enable or permit any Authorised
Wholesale Customer to, offer for sale or sell Products directly or indirectly
on or through any platforms other than a Permissible Public Website
without the prior written consent of NAK. Within five (5) days of notice from
NAK, you must, or direct your customers to, remove
any Products from any platform that is not a Permissible Public Website and
provide evidence to NAK of such removal if requested.

d.    You agree to assist NAK in identifying and
investigating any unauthorised sales of the Products in the Territory,
including on any websites other than a Permissible Public Website, including providing
relevant information, data, or records, subject to applicable law.

3.     Sales Practices

a.     You may only sell or promote the Products while
you are an Authorised Wholesaler.

b.    You shall always conduct your business
in a reasonable and ethical manner and shall not engage in any deceptive,
misleading, or unethical practices or advertising at any time. 

c.     You shall not make any warranties or representations concerning the Products except as expressly authorised by
NAK. 

d.    You shall comply with any sales
practices provisions in the Wholesaler Agreement and all applicable laws,
rules, regulations, and policies applicable to your business and/or the
marketing and sale of the Products. To the extent permitted by law, you are solely
responsible for the sale of the Products to your customers, including any terms
applying to returns, refunds, credits, and exchanges by such customers. You must
comply with all applicable laws in respect of the same.

e.     You shall represent the Products in a professional manner and refrain from any conduct that is or could be
detrimental to the reputation of NAK or the Products.

f.      You shall use best endeavours to not advertise Products not carried in inventory. 

g.    You shall only purchase Products from NAK or an Authorised Wholesaler.

4.     Product Care, Customer Service, and Other Quality Controls

a.      You shall comply with the NAK Product Care, Customer Service, and Other Quality Controls, attached as Exhibit B, as NAK may amend from
time to time in accordance with clause 7 of this Policy.

5.     Intellectual Property

a.     The restrictions in this clause, including NAK’s approval rights, are for the
purpose of NAK safeguarding the integrity of its brand and confirming that the
Products are accurately described. Nothing in this clause requires you to seek NAK’s approval
for any Product pricing.

b.    You acknowledge and agree that NAK or
its licensors owns all proprietary rights in and to any brands, names, logos,
trademarks, copyrights, designs and other intellectual property of NAK,
including any intellectual property defined, identified or provided for in the Wholesaler
Agreement (NAK IP). You are granted a limited, non-exclusive,
non-transferable, revocable license to use the NAK IP solely for purposes of
marketing and selling the Products as set forth herein. This license will cease
upon termination of your status as an Authorised Wholesaler. All goodwill
arising from your use of the NAK IP shall inure solely to the benefit of NAK or
its licensors.

c.     Your use of the NAK
IP shall be in accordance with any guidelines that may be provided by NAK from
time to time, including any provisions of the Wholesaler Agreement. NAK
reserves the right to review and approve, in its sole discretion, your use or
intended use of the NAK IP at any time, without limitation.

d.    In marketing the Products, you shall only use images of Products either
supplied by or authorised by NAK and shall use best endeavours to ensure that
all Product images and descriptions are accurate and up to date. Where you need
to modify any images and descriptions supplied or authorised by NAK, including
to comply with any applicable laws, you must seek NAK’s approval over such
modification before use.

e.     You shall not create, register, or use
any domain name, social media screenname, or mobile application name that
contains any NAK product name or trademark, nor a misspelling or confusingly
similar variation of any NAK product name or trademark.

f.      Where you suspect, or receive
notice of, any infringement or threatened infringement of the NAK IP, you
must promptly notify NAK giving all
necessary details and particulars and provide all information and assistance
reasonably requested by NAK.

6.      Suspension and Termination

a.      NAK reserves the right, in its sole
discretion, to immediately suspend acceptance and/or fulfilment of any orders
for Products with you where you breach this Policy until such breach is
rectified and/or your status as an Authorised Wholesaler is revoked in
accordance with the remainder of this section. NAK will provide you with notice
of such suspension prior to, or as soon as practical after, such suspension is
enacted.

b.    NAK reserves the right, in its sole
discretion, to revoke your status as an Authorised Wholesaler with written or
electronic notice, effective immediately.

(i)    You may also decide you no longer wants
to be an Authorised Wholesaler and may provide NAK with written or electronic
notice of this matter, in which case your status as an Authorised Wholesaler
is revoked effective immediately.

c.     Upon revocation of your
status as an Authorised Wholesaler, without limiting any effect of termination
provisions in the Wholesaler Agreement, you shall immediately cease (i) selling
the Products; (ii) acting in any manner that may reasonably give the impression
that you are an Authorised Wholesaler of the Products or has any affiliation
whatsoever with NAK; and (iii) using all NAK IP. 

d.    The suspension and termination
rights in this clause are in addition to any suspension and termination rights in the Wholesaler Agreement.

7.     Modification

a.     NAK reserves the right to update,
amend, or modify this Policy at any time, by notice to you, having regard to the nature of the Products
already being provided, the industry in which you and NAK operate, and the protection of NAK’s
legitimate business interests. Any amendments will commence 30 days after the
notice to you or (if applicable)
a longer time specified in the notice to you (Amendment Notice Period).

b.    Where you do not agree to such
amendments, NAK may suspend or revoke your status as an Authorised Wholesaler, until you comply with
the latest version of this Policy.

c.     Where you agree to such
amendments, or you gives no
notice within the Amendment Notice Period, you are deemed to have accepted the amendments and such amendments will
take effect at the end of the Amendment
Notice Period and a reference to the Policy will be a reference to the then
current policy. The Last Updated date set out above will reflect the current
version of this policy.

8.     Indemnity

a.     You indemnify NAK against any and all losses (being any judgment, debt,
damage, loss, cost, expense or liability howsoever arising and whether present
or future, fixed or unascertained, actual or contingent whether at law, in
equity, or otherwise) arising out of or in connection with your breach of
this Policy, except to the extent caused or contributed to by NAK.

EXHIBIT B: NAK PRODUCT CARE, CUSTOMER SERVICE, AND OTHER QUALITY CONTROLS

1)    Comply with all instructions
provided by NAK regarding the storage, handling, shipping, disposal, or other
aspect of the Products, including instructions provided on Product labels. Store Products
in a cool, dry place, away from direct sunlight.

2)    Sell Products in their original
packaging, with their original labels, tags and/or associated literature, and
in original retail packaging (if any). Relabelling, repackaging (including the
separation of bundled Products or the bundling of Products), and other
alterations to Products are not permitted.

3)    Do not remove, translate, or modify
the contents of any label or literature on or accompanying the Products. Do not
alter any batch number, UPC code, or other identifying information on Products.

4)    Do not advertise or resell as ‘new’ any Product
that has been returned opened or repackaged.

5)    Promptly upon receipt of the
Products, inspect the Products and their packaging for damage, defect, broken
seals, evidence of tampering, or other nonconformance (a Defect). If any
Defect is identified, do not offer the Product for sale and promptly report the
Defect to NAK at orders@nakhair.com.au.

6)    Be familiar with the special
features of all Products marketed for sale and obtain sufficient Product
knowledge to advise customers on the selection, fit, and proper use of the
Products, as well as any applicable warranty or return policy. Be available to
respond to customer questions and concerns both before and after sale of the
Products and respond to customer inquiries promptly.

7)    Ensure that any third-party
logistics provider engaged to store inventory of or fulfill orders for the
Products is aware of and complies with all Product quality controls and
customer service standards described in this Exhibit B or otherwise conveyed by
NAK. NAK reserves the right to request additional information regarding the use
of third-party logistics providers, and such information must be provided promptly to NAK. Cooperate
with NAK in investigating any concerns related to the Products that may relate
to the use of a third-party logistics provider. 

8)    Cooperate with NAK with respect to any Product tracking systems that may be implemented.

9)    Cooperate with NAK with respect to any Product recall or other consumer safety information dissemination
efforts. 

10)  Implement commercially reasonable loss prevention and
anti-diversion measures.

11)  Report to NAK any customer complaint or adverse claim regarding the
Products and assist NAK in investigating any such complaints or adverse claims.

12)  Cooperate with NAK in the investigation and resolution of any
quality or customer service issues related to the sale of the Products,
including disclosing information regarding Product sources, shipment, and
handling.

13)  Nothing in paragraphs 11 or 12 shall be construed to require you to (i) disclose identifying information about its
customers to NAK; or (ii) to discourage, remove, hide, or otherwise edit any
customer complaints or reviews of NAK or its Products.

Published: 11 February 2026

Last Updated: 2 February 2026

This NAK Authorised Retailer Policy for Australia
(Policy) is issued by Natural Australian Kulture Pty Ltd (NAK, we,
us or our) and applies to Authorised Retailers of NAK products in
Australia (the Territory), including, but not limited to, NAK, ORI LAB,
ROH, CARE, and any other brands manufactured or sold by NAK (collectively, the Product(s)).

Under no circumstances should any NAK
Professional products including, but not limited to, NAK Permanent Colour, NAK
Soft Colour, Liquid Gloss, Treatment Drops, Metallics, C.Series X, Activators,
Lighteners, and One Litre Basin-Use products be sold to End Users (Professional
Products). Professional
Products are explicitly excluded from this Policy. By purchasing Products from NAK
for retail sale, you (Retailer, you or your) agree to comply with
this Policy.

The Policy applies to you 10 days after the
date that we issue it to you, unless otherwise agreed in writing (Applicability
Date). Our supply of the Products to you is on the condition that you
comply, and only resell the Products in accordance, with this Policy. On and
from the Applicability Date, and in consideration of your purchase, and our
supply, of the Products, this Policy is a binding document between you and NAK
and it supplements any then-current authorised retailer agreement between you
and NAK (the Retailer Agreement). Unless and until revoked by NAK, in our
sole and absolute discretion, you shall be considered an ‘Authorised
Retailer’.

At any time, NAK may review your activities
for compliance with this Policy, and you agree to cooperate with any such
investigation, including, but not limited to, permitting inspection of your
facilities and relevant records. The obligations in this Policy are in addition
to those in the Retailer Agreement and a breach of this Policy will be deemed a
breach of any such Retailer Agreement. To the extent there is any inconsistency
between this Policy and the Retailer Agreement, this Policy takes precedence. Defined
terms used throughout this Policy have the meaning given to them throughout this
Policy and/or in the Retailer Agreement. Nothing in this Policy dictates the
price that you are permitted to sell the Products at, which you may determine
in its sole discretion.

1)     End Users and Territory

a)     You are authorised to sell Products only to
End Users in the Territory. An ‘End User’ is the ultimate consumer of
the Products and does not intend to resell the Products. You shall not sell quantities
of the Products to any End User greater than reasonably intended for personal
use.  

b)     You shall not, without the prior written
consent of NAK, (i) sell, ship, or promote the Products outside the Territory; (ii)
sell, ship, or promote Products to any person or entity who you have any reason
to believe will or may sell, ship or promote the Products outside the Territory;
or (iii) sell, ship, or promote Products to any person or entity who you have
any reason to believe will or may sell the Products on any third-party
storefront, drop-shipping account or an online marketplace (including, but not
limited to, Amazon, eBay, Strawberry Net, Temu, Facebook Marketplace, Big W
Marketplace, and/or Woolworths Marketplace).

2)     Online Sales

a)     You are authorised to offer for sale and
sell Products to End Users through Permissible Public Websites in accordance with the terms set out
below. A ‘Permissible Public Website’ is a website or mobile application
that (i) is operated by you in Retailer’s legal name or registered fictitious
name; (ii) is not a third-party storefront, drop-shipping account or an online
marketplace; (iii) complies with the NAK Online Sales Guidelines,
attached as Exhibit A, as NAK may amend from time to time in accordance
with clause 7 of this Retailer Policy; and (iv) is
submitted to and approved by NAK in accordance with clause 2(b) of this
Retailer Policy.

b)     Within 10 days of the Applicability Date, you
must, if requested, submit a list of the URLs of the Permissible Public
Websites, as well any other information requested, to NAK for review and
approval. You agree to promptly notify NAK of any change to the website
information submitted by emailing support@nakhair.com.au.

c)     You shall
not offer for sale or sell Products directly or indirectly on or through any platforms
other than a Permissible Public Website without the prior written
consent of NAK. Within five (5) days of notice from NAK, you must remove any
Products from any platform that is not a Permissible Public Website and provide
evidence to NAK of such removal if requested.

d)     You agree to assist NAK in identifying and
investigating any unauthorised sales of the Products in the Territory,
including on any websites other than a Permissible Public Website, including
providing relevant information, data, or records, subject to applicable laws.

3)     Sales Practices

a)     You may sell or promote the Products while you
are an Authorised Retailer.

b)     You shall always conduct your business in a
reasonable and ethical manner and shall not engage in any deceptive,
misleading, or unethical practices or advertising at any time. 

c)     You shall not make any warranties or
representations concerning the Products except as expressly authorised by NAK. 

d)     You shall comply with any sales practices
provisions in the Retailer Agreement and all applicable laws, rules,
regulations, and policies applicable to your business and/or the marketing and
sale of the Products. To the extent permitted by law, you are solely
responsible for the sale of the Products to your customers, including any terms
applying to returns, refunds, credits, and exchanges by such customers. You must
comply with all applicable laws in respect of the same.

e)     You shall represent the Products in a
professional manner and refrain from any conduct that is or could be
detrimental to the reputation of NAK or the Products.

f)       You shall use best endeavours to not
advertise Products not carried in inventory.  

g)     You shall only purchase Products from NAK
or an Authorised Wholesaler.

4)     Product Care, Customer Service, and Other Quality Controls

a)     You shall comply with the NAK Product Care, Customer Service, and Other Quality Controls, attached as Exhibit B, as NAK may amend from
time to time in accordance with clause 7 of this Policy.

5)     Intellectual Property

a)     The restrictions
in this clause, including NAK’s approval rights, are for the purpose of NAK
safeguarding the integrity of its brand and confirming that the Products are
accurately described. Nothing in this clause requires you to seek NAK’s
approval for any Product pricing.

b)     You acknowledge and agree that NAK or its
licensors owns all proprietary rights in and to any brands, names, logos,
trademarks, copyrights, designs and other intellectual property of NAK,
including any intellectual property defined, identified or provided for in the
Retailer Agreement (NAK IP). You are granted a limited, non-exclusive,
non-transferable, revocable license to use the NAK IP solely for purposes of
marketing and selling the Products as set forth herein. This license will cease
upon termination of your status as an Authorised Retailer. All goodwill arising
from your use of the NAK IP shall inure solely to the benefit of NAK or its
licensors.

c)     Your use of the NAK IP shall be in
accordance with any guidelines that may be provided by NAK from time to time,
including any provisions of the Retailer Agreement, and must be commercially
reasonable as to the size, placement, and other manners of use. NAK reserves
the right to review and approve, in its sole discretion, your use or intended
use of the NAK IP at any time, without limitation.

d)     In marketing the Products, you shall only
use images of Products either supplied by or authorised by NAK and shall use
best endeavours to ensure that all Product images and descriptions are accurate
and up to date. Where you need to modify any images and descriptions supplied
or authorised by NAK, including to comply with any applicable laws, you must
seek NAK’s approval over such modification before use.

e)     You shall not create, register, or use any
domain name, social media screenname, or mobile application name that contains
any NAK product name or trademark, nor a misspelling or confusingly similar
variation of any NAK product name or trademark.

f)       Where you
suspect, or receive notice of, any infringement or threatened infringement of
the NAK IP, you must promptly notify NAK giving all necessary details and
particulars and provide all information and assistance reasonably requested by NAK.

6)     Suspension and Termination

a)     NAK reserves the right, in its sole
discretion, to immediately suspend acceptance and/or fulfilment of any
orders for Products with you where you breach this Policy until such breach is
rectified and/or your status as an
Authorised Retailer is revoked in accordance with the remainder of this
section. NAK will provide you with notice of such suspension prior to, or as
soon as practical after, such suspension is enacted.

b)     NAK reserves the right, in its sole
discretion, to revoke your status as an Authorised Retailer with written or
electronic notice, effective immediately.

c)     You may also decide you no longer wish to
be an Authorised Retailer and may provide NAK with written or electronic notice
of this matter, in which case your status as an Authorised Retailer is revoked
effective immediately.

d)     Upon revocation of your status as an
Authorised Retailer, without limiting any effect of termination provisions in
the Retailer Agreement, you shall immediately cease (i) selling the Products;
(ii) acting in any manner that may reasonably give the impression that you are
an Authorised Retailer of the Products or has any affiliation whatsoever with NAK;
and (iii) using all NAK IP. 

e)     The suspension and termination rights in
this clause are in addition to any suspension and termination rights in the
Retailer Agreement.

7)     Modification

a)     NAK reserves the right to update, amend, or
modify this Policy at any time, by notice to you, having regard to the nature of the Products already being provided, the
industry in which you and NAK operate, and the protection of NAK’s legitimate
business interests. Any amendments will commence 30 days after the notice to you
or (if applicable) a longer time specified in the notice to you (Amendment Notice Period).

b)     Where you do not
agree to such amendments, NAK may suspend or revoke your status as an
Authorised Retailer, until you comply with the latest version of the Policy.

c)     Where you agree
to such amendments, or you give no notice within the Amendment Notice Period, you
are deemed to have accepted the amendments and such
amendments will take effect at the end
of the Amendment Notice Period and a reference to the Policy will be a
reference to the then current policy. The Last Updated date set out above will
reflect the current version of this policy.

8)     Indemnity

a)     You indemnify NAK against any and all
losses (being any judgment, debt, damage, loss, cost, expense or liability
howsoever arising and whether present or future, fixed or unascertained, actual
or contingent whether at law, in equity, or otherwise) arising out of or in
connection with your breach of this Authorised Retailer Policy, except to the
extent caused or contributed to by NAK.

EXHIBIT A: NAK ONLINE SALES GUIDELINES

a)     The Permissible Public Websites must not
give the appearance that they are operated by NAK or any third party. 

b)     Anonymous sales are prohibited. Your full legal
name or registered fictitious name, mailing address, email address, and
telephone contact must be stated conspicuously on the Permissible Public
Websites and must be included with any shipment of Products from the
Permissible Public Websites or in an order confirmation email sent at the time
of purchase. 

c)     At the request of NAK, you will reasonably
cooperate in demonstrating and/or providing access to, and copies of, all web
pages that comprise the Permissible Public Websites.

d)     The Permissible Public Websites shall have
a mechanism for receiving customer feedback, and you shall use reasonable
efforts to address all customer feedback and inquiries received in a timely
manner. You agree to provide copies of any information related to customer
feedback (including any responses to customers) related to your sale of the
Products to NAK for review upon request. You agree to cooperate with NAK in the
investigation of any negative online review associated with your sale of the
Products and to use reasonable efforts to resolve the customer or Product
issues that are the subject of such reviews. You shall maintain all records
related to customer feedback for a period of one (1) year following the
creation or submission of such a record, to the extent legally permitted.
Nothing in this paragraph shall be construed to require you to (i) disclose
identifying information about your customers to NAK; or (ii) discourage,
remove, hide, or otherwise edit any complaints or reviews of NAK or its
Products.

e)     The Permissible Public Websites shall be in
compliance with all applicable privacy, accessibility, and data security laws,
regulations, and industry standards.

f)       You shall be responsible for all
fulfillment to its customers who order Products through Permissible Public
Websites, any applicable taxes associated with such purchases of Products, and
any returns of Products.

g)     Except where you have entered into a
drop-shipment arrangement with NAK whereby NAK ships Products on your behalf to
customers who order Products through Permissible Public Websites, under no
circumstances shall you permit orders to be fulfilled in any way that results
in the shipped Product coming from stock other than yours.

EXHIBIT B: NAK PRODUCT CARE, CUSTOMER SERVICE, AND OTHER QUALITY
CONTROLS

1)     Comply with all instructions provided by
NAK regarding the storage, handling, shipping, disposal, or other aspect of the
Products, including instructions provided on Product labels. Store Products in
a cool, dry place, away from direct sunlight.

2)     Sell Products in their original packaging,
with their original labels, tags and/or associated literature, and in original
retail packaging (if any). Relabelling, repackaging (including the separation
of bundled Products or the bundling of Products), and other alterations to
Products are not permitted.

3)     Do not remove, translate, or modify the
contents of any label or literature on or accompanying the Products. Do not
alter any batch number, UPC code, or other identifying information on Products.

4)     Do not advertise or resell as ‘new’ any
Product that has been returned opened or repackaged.

5)     Promptly upon receipt of the Products,
inspect the Products and their packaging for damage, defect, broken seals,
evidence of tampering, or other nonconformance (a Defect). If any Defect
is identified, do not offer the Product for sale and promptly report the Defect
to NAK at orders@nakhair.com.au.

6)     Be familiar with the special features of
all Products marketed for sale and obtain sufficient Product knowledge to
advise customers on the selection, fit, and proper use of the Products, as well
as any applicable warranty or return policy. Be available to respond to
customer questions and concerns both before and after sale of the Products and
respond to customer inquiries promptly.

7)     Ensure that any third-party logistics
provider engaged to store inventory of or fulfill orders for the Products is
aware of and complies with all Product quality controls and customer service
standards described in this Exhibit B or otherwise conveyed by NAK. NAK
reserves the right to request additional information regarding the use of
third-party logistics providers, and such information must be provided promptly
to NAK. Cooperate with NAK in investigating any concerns related to the
Products that may relate to the use of a third-party logistics provider. 

8)     Cooperate with NAK with respect to any
Product tracking systems that may be implemented.

9)     Cooperate with NAK with respect to any
Product recall or other consumer safety information dissemination efforts. 

10)  Implement commercially reasonable loss
prevention and anti-diversion measures.

11)  Report to NAK any customer complaint or
adverse claim regarding the Products and assist NAK in investigating any such
complaints or adverse claims.

12)  Cooperate with NAK in the investigation and
resolution of any quality or customer service issues related to the sale of the
Products, including disclosing information regarding Product sources, shipment,
and handling.

13)  Nothing in paragraphs 11 or 12 shall be
construed to require you to (i) disclose identifying information
about its customers to NAK; or (ii) to discourage, remove, hide, or otherwise
edit any customer complaints or reviews of NAK or its Products.

NAK is committed to fostering a culture of good corporate governance and ethical behaviour. This policy sets out NAK’s approach to managing disclosures by whistleblowers. It is a key part of our risk management and corporate governance framework and supports our Policies and Procedure Manual. 

This policy aims to: 

• ensure that individuals who disclose wrongdoing can do so safely, securely and with confidence that they will be protected; 
• ensure that there is a transparent process around receiving, handling and investigating disclosures; and 
• encourage a culture of compliance with our legal and ethical obligations. 

This policy applies to everyone who performs work for or with NAK, including: 

• all employees (whether ongoing, temporary, full time, part time or casual) and including trainees; 
• directors and officers of NAK; 
• relatives, dependents and spouses of current employees and officers of NAK; 
• any person who works for NAK under a contract, including a consultant, contractor, subcontractor, employee of a contractor or subcontractor or employee of a labour hire company who has been assigned to work at NAK; 
• former employees or officers of NAK; and 
• any organisation (and its employees) that has a relationship or is associated with NAK as a customer, supplier, adviser, agent or otherwise. 

In this policy, “NAK” means Natural Australian Kulture Pty Ltd. This policy also applies to disclosures made to NAK or Stopline in relation to matters within Part 9.4AAA (protection for whistleblowers) of the Corporations Act 2001.

It is critical that people who become aware of possible illegal or unethical conduct are able to disclose their suspicions to an appropriate person with the knowledge that their disclosures will be investigated properly and that they will not suffer negative consequences as a result of making a disclosure. It is equally important that potential wrongdoers know that others are encouraged to report their wrongdoing. 

The Corporations Act 2001 requires that companies such as ours (and our related entities) have appropriate whistleblower policies and systems in place for receiving, investigating and acting on certain disclosures made by an “eligible whistleblower” to a relevant person. The Taxation Administration Act 1953 also contains whistleblower protections. This policy covers the types of disclosures protected by these Acts. 
This is distinct from personal work-related grievances, which may be raised through the Grievances Policy contained in the Policies and Procedure Manual. 

For the purposes of this policy, a whistleblower is a person who has reasonable grounds to suspect there has been misconduct or an improper state of affairs or circumstances in relation to NAK and discloses that suspicion using one of the methods described below. 

Any matter that a person reasonably believes breaches NAK’s policies or the law should be reported in accordance with this policy.
Examples of misconduct or an improper state of affairs (Disclosable Conduct) can include: 

• breaches of laws or regulations; 
• unlawful, corrupt or irregular activities or practices or use of NAK’s funds or property; 
• illegal activities (including theft, drug sales/use, violence or threatened violence and criminal conduct); 
• breaches of NAK’s policies and procedures; 
• conduct that causes a substantial risk to public health, public safety or the environment; 
• dishonest or unethical behaviour; 
• financial fraud or mismanagement; 
• other conduct likely to damage NAK’s financial position or reputation; 
• conduct that endangers the public or financial system; 
• behaviour that is oppressive, discriminatory or grossly negligent; 
• conduct or proposed conduct suspected to be in breach of the Competition and Consumer Act 2010, Corporations Act 2001 or the Australian Securities and Investments Commission Act 2001; or 
• concealing misconduct or an improper state of affairs. 

Disclosable Conduct must be distinguished from personal work-related grievances. A personal work-related grievance is a grievance about any matter in relation to the discloser’s current or past employment that impacts the discloser personally but does not have significant implications for NAK more broadly. Conflicts between employees, decisions regarding transfers and promotions and disciplinary actions will generally be personal work-related grievances. 

NAK is committed to the protection of whistleblowers who report Disclosable Conduct in accordance with this policy. Other than as required by law and set out in this policy, NAK will not disclose the identity of whistleblowers without the whistleblower’s consent to that disclosure. Australian law prohibits the disclosure of a whistleblower’s identity other than as required to investigate the allegation or with the free consent of the whistleblower. All protected disclosure reports from whistleblowers will be kept confidential, except as required by law or where disclosure is necessary to regulatory authorities, law enforcement agencies or professional advisors. 

The Corporations Act 2001 also provides specific protections for whistleblowers relating to: 

• identity protection (confidentiality); 
• protection from detrimental acts or omissions; 
• compensation and remedies; and 
• civil, criminal and administrative liability protection. 

See below for links to guidance material from the Australian Securities and Investments Commission (ASIC) and more information about these protections. 
Specific protections are also provided under Australian tax laws (see the below link to information provided by the Australian Taxation Office). 

For personal grievances, see the People, Safety & Wellbeing Manager. 

You can make a whistleblower disclosure to any of the following internal Whistleblower Officers (by phone, email, mail or in person):

Michelle Pyers, Chief Financial Officer 

Email: michelle@nakhair.com.au 
Phone: (07) 3899 9133 
Mobile: 0423 269 752 

To be advised, Chief Executive Officer 

Email: 
Phone: (07) 3899 9133 
Mobile: 

Cass Reeves, Legal, Risk & Compliance Officer 

Email: cass@nakhair.com.au 
Phone: (07) 3899 9133 
Mobile: 0401 360 166 

You can make a whistleblower disclosure to our external whistleblower service (by phone, email, online or mail):

Stopline 

Telephone: 1300 30 45 50 (Australia only) 
Email: makeareport@stopline.com.au 
Online: https://nakhair.stoplinereport.com 
Mail: NAK Hair c/o Stopline, PO Box 403, Diamond Creek, VIC 3089 
APP: Free download from the Apple iTunes store and Google Play 

NAK is committed to doing what it reasonably can to protect whistleblowers making a protected disclosure report in accordance with this policy from reprisal or victimisation. 

Depending on the nature of the allegation and the people involved, in order to protect a whistleblower, NAK may: 

• monitor or manage the behaviour of employees; 
• relocate employees; 
• offer the whistleblower a leave of absence or flexible work during the investigation; or 
• rectify any detriment that the whistleblower may have suffered. 

NAK will look for ways to support all whistleblowers but will not be able to provide non-employees with the same type and level of support it provides to employees. NAK will take all reasonably practicable steps to protect non-employee whistleblowers. 

A whistleblower who believes they, or any other person, have been subject to victimisation or harassment as a result of having made a disclosure under this policy, should immediately report the matter to the People, Safety and Wellbeing Manager. Where such an incident occurs, the Workplace Bullying and Harassment Policy (within the Policies and Procedure Manual) will apply. 

An investigation will be undertaken by an independent investigator. Depending on the nature of the allegation, the investigator may be someone internal to NAK or an external party such as an external lawyer or accountant or other investigator as appropriate. 

The investigator will conduct the investigation as soon as practicable, ensuring that all fact finding undertaken in a timely, confidential, fair and objective manner resulting in a report to the appropriate decision maker. The decision maker will then consider the report and decide what, if any, action is required. 

Either the recipient of the disclosure or another appropriate person will keep the whistleblower informed of the progress of the investigation and outcome. The detail provided to the whistleblower will reflect the nature of the allegations and the rights of others involved and therefore may be limited. 

A whistleblower making a protected disclosure report will be protected from reprisal or victimisation in response to making a complaint under this policy. NAK will not tolerate victimisation of whistleblowers or others who raise complaints. Victimisation under this policy includes, but is not limited to: 

• Punishing or retaliating against someone because they have made a complaint or are involved in a complaint process; 

• Retaliating or treating anyone detrimentally who raises genuine complaints of unacceptable behaviour under this policy or another policy; or 
• NAK retaliating or treating employees detrimentally who raise genuine complaints of unacceptable behaviour. 

Victimisation of a whistleblower by another employee (however senior) will be investigated as a breach of this policy and may result in disciplinary action up to and including termination. 

Breaches of this policy will be taken seriously by NAK. NAK reserves the right to take appropriate disciplinary action up to and including termination for employee non-compliance with this policy.

Whistleblowing is about reporting incidences of real or perceived improper conduct and is not about settling a grievance. 

A report under this policy may damage the reputation or career prospects of people who are the subject of the allegations. Therefore, it is important that those who report Disclosable Conduct do so in good faith and with reasonable grounds for believing the information is correct or likely to be correct. NAK takes all reports seriously but will look unfavourably on any false reports or claims. Disciplinary action may be taken against any employee who knowingly makes a false report.

 This policy has been made available to employees and contractors on Employment Hero and as part of new employee induction and refresher training for existing employees. It will also be made available publicly on NAK’s website. A copy of this policy has been provided to Stopline. 

In all instances, the recipient of the disclosure will report the disclosure to any of the Whistleblower Officers or Stopline. The Whistleblower Officers or Stopline will maintain a register of disclosures, the outcome of investigations and any required remediation. This register is strictly confidential and the information in it will not be disclosed to anyone outside of the above Whistleblower Officers or Stopline without the express approval of the above Whistleblower Officers or Stopline. 

At all times in recording and reporting on disclosures under this policy, NAK will do everything reasonably practicable to protect the whistleblower and their identity.

ASIC WHISTLEBLOWER RESOURCES

ASIC has information regarding whistleblowing available from its website at: https://asic.gov.au/about-asic/asic-investigations-and-enforcement/whistleblowing/ 

In relation to rights and protections for whistleblowers, see Information Sheet 238 Whistleblower rights and protections: https://asic.gov.au/about-asic/asic-investigations-and-enforcement/whistleblowing/whistleblower-rights-and-protections/ 

For information for recipients of disclosures, see Obligations on company officers: https://asic.gov.au/for-business/running-a-company/company-officeholder-duties/whistleblowers-company-officeholder-obligations/ 

ATO WHISTLEBLOWER RESOURCES 

The Australian Taxation Office (ATO) introduced new arrangements to protect whistleblowers in July 2019, information is available from: https://www.ato.gov.au/general/gen/whistleblowers/.

NAK will review this policy annually to ensure that it reflects any relevant legislative changes and remains consistent NAK’s values. 

Last Updated: September 2024