WEBSITE TERMS AND CONDITIONS
DATED: THE 16th DAY OF OCTOBER 2016
In these terms and conditions, “we” “us” and “our” refers to My Crowned Angel. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
1. In order to access the Reward Point services provided on this website, you must become a member. You must complete registration by providing certain information as set out on our membership/registration page.
2. You agree that you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.
3. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
4. You agree that you are entirely responsible for maintaining the confidentiality of password and user name. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge, However, you could be held liable for losses incurred by us or another party due to someone else using your account or password.
5. Once you become a member, each dollar spent on items will incur 1 reward point. Once you have earned 250 points, you will receive one garment of your choice free of charge including free postage and handing.
Our Website Services
6. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
7. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
8. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any missed description, we reserve the right to correct any error or omission.
9. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
10. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
11. We supply and despatch our products to customers within Australia only.
12. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website. Some garments may take up to 30 days for delivery.
13. All prices are in Australian Dollars (AUD) and are inclusive of GST which will be calculated at the end of purchase. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
14. Postage is an additional charge, calculated at time of purchase
15. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
16. We undertake to accept or reject your order within 10 days. If we have not responded to you within 10 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock. We will however try our very best to be in contact to resolve the problem with either a refund or change in product.
17. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
18. Delivery of your ordered product/s will be via Australia Post. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
19. All risk of loss or damage to the goods passes to you when we despatch the goods.
20. To receive free postage, you must spend at least $60 each time at checkout. The prices will not accumulate each time you purchase off the site.
Order Cancellation Due To Error
21. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
22. We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us in writing to firstname.lastname@example.org within 10 days of the product being dispatched to you, once you have returned the items, you will either receive a replacement, an exchanged item or refund into the same account as to which you paid from.
23. Items cannot be returned and refunded if you have simply just changed your mind on the product.
24. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
25. When you visit our website, we give you a limited licence to access and use our information for personal use.
26. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
27. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
28. You are not permitted to copy or use any of the photos or images on the website for personal or professional use, in doing so will entail legal action.
29. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
30. You are not permitted to copy or use any of the photos or images on the website for personal and professional use, in doing so will entail legal action.
31. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
32. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
33. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
34. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
35. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
36. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Disclaimer of Warranty; Limitation of Liability
37. You expressly agree that use of our website is at your sole risk. Neither us, our affiliates nor any of our respective employees, agents, third party content providers or licensors warrant that our website will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of our website, or as to the accuracy, reliability or content of any information service, or merchandise provided through the website.
38. Our website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability of fitness for a purpose, other than those warranties which are implied by and incapable of exclusive, restriction or modification under the laws applicable to this agreement.
39. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.
40. In no event will we, or any person or entity involved in creating, producing or distributing our website of the software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use our website. You hereby acknowledge that the provisions of this section shall apply to all content on the site.
41. In addition to the terms set forth above, neither us, nor our affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the website, or for any other delay or interruption in the transmission thereof to you, or for any delay or interruption in the transmission thereof to you, or for any claims of losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including but not limited to, lost profits, punitive or consequential damages.
42. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
43. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded
44. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
45. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- We do not participate in any way in the transactions between our users.
Statutory Guarantees and Warranties to Consumers
46. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
47. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
48. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
- If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
- If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
- If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
49. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
50. Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, flood, accidents, service, outages resulting from equipment and/or software failure and/or telecommunication failures, power failures, network failures, failures of the third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then by suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
51. You agree to defend, indemnify and hold harmless us, our affiliates and our respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of use of our website by you or your account.
52. These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
53. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
54. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
We reserve the right to terminate your membership at any time if you breach these terms and conditions.