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SHE WHO IS PTY LTD - WEBSITE TERMS
Please read these Terms and Conditions carefully before using this site.
TERMS & CONDITIONS
Welcome to She Who Is Pty Ltd.
She Who Is Pty Ltd (ABN 71 617 328 257) (SWI) owns, operates and provides this Website and its related Products subject to the following terms and conditions of use of this Website.
SWI reserves the right to revise and update these Terms and Conditions by making any changes immediately without notifying you except by publishing the amended Terms and Conditions on SWI’s Website. We may revise these terms from time to time. The revised terms will take effect when they are posted on the Website and your continued usage of this Website after any changes to these Terms and Conditions will mean you accept those changes.
In these Terms of Conditions:
SWI”, “us”, “we”, and “our” means She Who Is Pty Ltd, its director/s, employees and agents, its subsidiaries, its holding companies or subsidiaries of such holding companies,
“Website” means SWI’s website [insert website address].
“You” and “your” refers to anyone who visits and/or uses this Website, accepts these Terms and Conditions.
“Website Materials” means all of the materials displayed on this website, including (without limitation) all information, text, graphics, names, logos, trademarks, design, software and advertisements.
“Personal Property Securities Register” means the Personal Property Securities Register established by the Personal Property Securities Act 2009 (Cth) and regulations made under it.
“Products” means the products and services available for sale by SWI and/or available through the Website.
Images of people, places and/or Products posted on this Website are either the exclusive property of SWI or are used herein with the express permission of SWI. Unless otherwise noted, all content included on this Website, including (but not limited to) images, illustrations, designs, icons, photographs, video clips, written material and other materials, is the property of SWI or its suppliers, partners, or affiliates and is protected by Australian and international copyright laws. The compilation of this Website is the exclusive property of SWI and is protected by Australian and international copyright laws. Any unauthorised use of any content or materials on this Website is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Website can be made only with the prior written and express authorisation of SWI. For further information on how you may obtain the authorisation to use any materials or content on this Website, please contact SWI by using the contact details provided in these Terms and Conditions. Please note that SWI reserves all of its rights in this regard.
All trademarks, trade dress and service marks (whether registered or unregistered) and their respective designs and/or logos on this Website are the exclusive trademarks and/or registered trademarks of SWI. The trademarks, trade dress and service marks of SWI may not be copied, imitated or used, in whole or in part, without prior written permission of SWI. All page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of SWI, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SWI. All other trademarks, registered trademarks, product names and company names or logos used on this Website are the property of their respective owners and have been licensed by SWI for the use of SWI only. You may not use any trademarks, trade dress, service marks or intellectual property of SWI or its related companies, nor may you place any Meta tags or any other "hidden text" utilising the name of SWI or its related companies, trademarks, or product names without our clear express written consent.
LICENSE AND ACCESS
We grant you a limited license to make personal use only of the Website for consideration and/or purchase of the Products. Such grant does not include, without limitation: (a) any resale or commercial use of this Website, the Products or any of the contents of this Website; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Website not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Website (including any Company trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Website and any of the contents of the Website; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Website or to collect any information from the Website or any other user of the Website.
You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include: accessing data unlawfully or without consent; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
If you use this Website and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you register on the Website, you agree that any information you provide to us will be current, accurate and complete. SWI will not be liable for any loss that you 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 the SWI or another party due to the unauthorised use of your account and/or password either with or without your knowledge. You agree to notify SWI immediately of any unauthorised use of your account and/or password(s), or other breach of security.
From time to time SWI may offer a newsletter, or product or service information updates. By accepting these Terms and Conditions, you consent to SWI using your email address to send you SWI newsletters or product or service information updates (as applicable). SWI may also use your email address to send updates to you from time to time about changes to SWI’s Products.
CONDITIONS OF SALE
SWI will not be liable or otherwise responsible for any failure of delivery, shortage, defect or damage or related direct, indirect, special or consequential losses, damages, liabilities, costs or expenses sustained by you or any other party of any delivery issues, losses or defects within 48 hours of delivery of the Products to your nominated location (given all deliveries are completed by way of email or through Australia Post).
In the event however that your delivery of the Products is lost or fails to be delivered, SWI will use reasonable endeavours to recover the Products and (at its discretion) agree to provide you with replacement Products. The postage fee for the delivery (if any) of any such replacement Product must still be paid by you prior to the replacement Product being delivered to you.
Ownership of and title to the Products does not pass to you until the price payable for the product, including all charges, has been paid in full by you and payment processed and confirmed.
These Conditions of Sale may change from time to time and you are required (within reason) to revisit these before placing any order to ensure that these Conditions of Sale have not changed.
SWI reserves the right to accept or reject your request for the Products for any reason, including, without limitation, an error in the product description or the price posted on the Website for the Products, the availability of the Products or an error in any order for the Products. Your contract with SWI for any Website purchase of the Products will only come into existence when SWI forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of delivery and/or an invoice.
SWI will provide you with a receipt for any purchase of the Products from the Website.
Acceptable payment methods for any purchase of the Products include all major credit cards and/or electronic bank transfer unless otherwise agreed with SWI. Payment will be made in full on completion and processing of the sale of the Products by SWI.
Products purchased will not be delivered until such time as full and complete payment for the Products has been received by SWI.
In the event of a default by you on the purchase of any Product, SWI reserves its right to terminate the proposed sale of the Products to you and suspend and cancel and delivery of the Products to you.
A minimum of 48 hours’ notice of cancellation is required for any purchase of the Products and will only be accepted subject to written confirmation being received from you and responded to by SWI. SWI reserves the right to levy a fee of up to 50% of the total purchase price of the cancelled sale of the Products to cover any administrative costs at its complete discretion and by notifying you in writing of its intention to do so. Any Products opened and/or used by you will not be able to be returned and/or refunded.
Unless otherwise expressly stated, the price and any other sums payable for any Product is inclusive of Australian GST.
Given GST is payable by you for any Products purchased from SWI under these Terms and Conditions, you agree to pay to SWI an additional amount that is equal to the amount payable by SWI for the relevant supply multiplied by the prevailing GST rate. This additional amount is payable at the same as the purchase price for the relevant supply to which the additional amount rates.
In the event of a taxable supply, SWI will ensure any such supply is provided for in any Invoice provided to you.
CREDIT CARD AUTHORISATION
The first charge will occur when you place your first order. If the charging falls due on a non-business day, it will be charged from your credit card account however your order will not be dispatched until the next business day.
MATTER YOU SUBMIT TO US
From time to time SWI may make available on this Website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, SWI welcomes your comments regarding our merchandise and products, including our Website. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to SWI must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, offensive or unlawful material.
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to SWI will become, upon your submission, the sole and exclusive property of SWI. SWI shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Website, you are agreeing and you do agree that SWI has the right to use such material in any way, including as outlined above and for promotional and advertising purposes, without compensation of any kind to you. If you choose to send material to us, you are forever assigning all rights in such original creative materials to SWI. By submitting any materials of any kind to SWI, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to SWI does not and will not violate or infringe the rights of any third-parties.
SWI has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, SWI reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by SWI necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children.
SWI does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorised company spokespersons, and their views do not necessarily reflect those of SWI.
www.shewhois.com is the generic URL for the country specific to SWI.
This Website is provided "as is" and SWI excludes all warranties of any kind to the fullest extent permissible by law. SWI does not guarantee the accuracy or completeness of the Website or any information or Website content or that it is free of defects or viruses and we accept no responsibility for viruses and defects.
It may be necessary to interrupt the services provided on SWI’s Website in order to upgrade or maintain them, or for other circumstances beyond SWI’s control. Should SWI need to interrupt the availability of Products on Website, SWI will use its reasonable endeavors to minimise any interruption to the services.
Except to the extent that liability may not lawfully be excluded, SWI will not be under any liability to you (or any of your officers, agents or employees) for:
Any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from or in connection with your use of this Website or your use of or reliance upon any of the information, Products or materials contained in the Website or provided by the Website to you; or
Any cost, loss, liability or expense arising from death, personal injury or property damage resulting directly or indirectly from your use of the Website and/or the Products; or
Any failure by SWI to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to you in writing.