This document sets out the terms which you may use our Website. Please carefully read all terms and conditions before using our Website.
General Terms and Conditions
1. Acceptance of Website Terms and Conditions
1.1 You accept the Website Terms and Conditions in full by using our Website.
1.2 You must not use our Website if you do not accept the Website Terms and Conditions.
1.3 We may change these Terms and Conditions at any time by updating them on our Website. Your continued use of our Website will be deemed as your acceptance of any amendments to these Terms and Conditions in force at the time of such use.
2.1 The Content on our Website, except to the extent that it is expressly specified as being legal advice, is for general information purposes only. Such Content is not comprehensive and is not legal advice. You should always obtain legal or other professional advice, appropriate to your circumstances, before acting or relying on any of our content.
2.2 Use of our Website, or the receipt of any information from us or our Website, unless you purchase legal services from us, does not, by itself, create a solicitor-client relationship between us.
3. Acceptable Use
3.1 We grant you a non-exclusive, non-transferable, revocable, limited licence to:
(a) view and use information accessible from the Website; and
(b) purchase goods or services from the Website.
3.2 By using our website, you represent, confirm, warrant and undertake that:
(a) You will only use our Website for the purposes for which it is intended;
(b) Any information you provide via our Website is true and correct in all respects, and is not false or misleading in any way.
3.3 You must not:
(a) cause damage or interfere with accessibility to the Website;
(b) use it in connection with illegal, fraudulent or harmful purposes or activities;
(c) provide any false or misleading information, or otherwise use our Website, to access any information or Content you are not eligible or entitled to access;
(d) store, transmit or distribute Malicious Computer Program; or
(e) conduct any systematic or automated data collection activities.
4. Intellectual Property Rights
4.1 We own or are licensed to use all intellectual property in the Website.
4.2 You may only view and download Content on the Website for caching purposes and print copies of Content for personal use.
4.3 You must not:
(a) republish any Content from this Website;
(b) present any Content in public;
(c) reproduce or exploit any Content on this website for commercial purpose;
(d) edit or otherwise modify any Content on the website; or
(e) redistribute any Content from this website unless we expressly permitted redistribution.
5.1 You must become a registered user to access certain services of the Website.
5.2 You warrant that you will:
(a) provide true and accurate information;
(b) not create accounts with false information;
(c) not transfer your account to someone else or allow someone else to share your account;
(d) at your sole responsibility keep your username and password safe; and
(e) agree to be bound by such other terms and conditions as we may specify for registration of membership.
5.3 We may suspend or terminate your account if at our discretion:
(a) you breach any of these Terms and Conditions; or
(b) you breach Terms and Conditions for Posting or make an inappropriate comment.
6. Third Party Websites and Materials
6.1 In this clause:
(a) Third Party Material means material from a Third Party Website which are linked or framed to and from a Third Party Website.
(b) Third Party Website means a website operated by a third party.
6.2 We do not verify, endorse or approve Third Party Material.
6.3 We provide no warranty or representation about Third Party Material:
(a) regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available from Third Party Website; or
(b) as to whether they infringe any intellectual property rights.
6.4 We are not responsible for:
(a) any offers, statements or representations that are made on behalf of a Third Party Website; or
(b) Malicious Computer Program from Third Party Websites.
6.5 We may receive payments from a Third Party Website in relation to goods or services supplied by them as a result of you linking to the Third Party Website from our Website.
7. No Warranty
7.1 The Website is provided ‘as is’ and we do not provide any express or implied representation or warranty and disclaims all responsibility as to:
(a) the availability of the Website and its associated services at the time you wish to use it;
(b) merchantability, fitness for a particular purpose and non-infringement;
(c) accuracy or validity of information and Content on the Website; and
(d) whether Content is free from Malicious Computer Program.
7.2 No Content on the Website constitutes advice of any kind and you should consult with an appropriate professional for professional advice.
8. Limitation of Liability
8.1 In this clause, a Covered Party means:
(a) us, our affiliates, and any officer, director, employee, sub-contractor, agent or successor; and
(b) each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent or successor.
8.2 To the maximum extent permitted by law, a covered party is not liable for liability arising out of or related to:
(a) content provided to you for free-of-charge;
(b) inaccuracy, errors or omissions with content;
(c) unavailability or interruption of usage of the website and its services;
(d) any security breach;
(e) any delay or failure in performance beyond the reasonable control of a covered party; and
(f) loss of data.
8.3 To the fullest extent permitted under the law, a covered party is not responsible for any indirect, special or consequential liability to a user (including legal fees) arising out of or from content or use of the website.
8.4 Exclusion of liability in clause 8.2 applies even if you expressly advise a covered party of the potential loss.
8.5 To the extent we cannot exclude liability and to the fullest extent permitted under the law, a covered party’s aggregate liability for negligence, breach of contract or under any legislation is limited, at our discretion, to:
(a) in case of services:
(i) supply of the services again; or
(ii) payment of the cost of supplying the services again.
(b) in case of any other damages, $100.00.
9.1 You agree to indemnify us and undertake to keep us indemnified against any Liability (including legal fees) arising out of:
(a) your breach of these Terms and Conditions; and
(b) any Claim that you have breached these terms and conditions.
11. Payment for ITEMS
11.1 You must pay us the relevant fees for Products (which will be published on our Website) by the method required on the Website.
11.2 We may change the price applicable for Products at any time by updating the published price on our Website. Your use of our Website to generate any Products(s) will be deemed your acceptance of such prices.
16. Collection of Personal Information
16.1 We collect personal information when you:
(a) interact with us through the phone, in person, via email or through our Website and you provide us your details;
(b) purchase or subscribe to our products or services;
(c) subscribe to our mailing list.
16.2 We collect personal information to:
(a) improve our products and services;
(b) provide our product or service to you;
(c) communicate with you;
(d) offer you promotional product or market our product that you are interested in;
(e) keep our customer database;
(f) to investigate any complaints that you make;
(g) to investigate whether you are in breach of our terms and conditions;
(h) verify your identity;
(i) comply with the law or to use your information as permitted under the law; and
(j) use your information for purposes that are related to the above.
16.3 We collect and hold following types of personal information:
(a) your contact details that may include your name, postal address, email address, specific details about any legal matter for which you engage us;
(b) optional personal information that you consent to provide, including your interests in a particular area, gender or age; and
(c) optional surveys that provide personal information including whether you like our Business or Website and what you like or do not like.
16.4 We will only collect your personal information using fair and lawful means.
16.5 We do not store credit card details as we use payment gateways and/or a third party processor.
16.6 If we receive unsolicited personal information, we may destroy it or ensure that it is de-identified if it is lawful and reasonable to do so.
17. Cookies Policy
17.1 You agree that:
(a) we may store cookies on your device; and
(b) we may issue and request cookies from your device to collect both personal and non-personal information.
17.2 You may disable cookies on your browser if you do not agree to the Cookies Policy, but this may cause some parts of our Website to stop working or otherwise impairs its functionality.
17.3 You agree that we may use, including but not limited to, following types of cookies:
(a) authentication cookies;
(b) session cookies;
(c) persistent cookies; and
(d) flash cookies.
(a) improve the performance by reporting any errors that occur;
(b) provide statistics about how the Website is used;
(c) remember settings that you use for our Website;
(d) identify and show that you are logged into the Website;
(e) link to social networks like Facebook and Twitter;
(f) provide more suitable ads tailored to you.
18.1 All credit card transactions are implemented under industry standard Secure Sockets Layer (SSL) protocol with 128-bit encryption.
18.2 For credit card transactions we use a third party processor (e.g. PayPal) and/or payment gateway (e.g. eWay, Fat Zebra) that we may change from time to time so that:
(a) payments are processed in real time; and
(b) we do not have access to your credit card numbers.
18.3 We use a database management system to store most of the personal information and it contains security features, such as encryption, firewall and anti-virus, to ensure the protection and integrity of our data.
19. Disclosure of Personal Information
19.1 We only disclose your personal information for purposes that are reasonably related to our business.
19.2 We will not disclose your personal information to third parties for payment, profit or advantage.
19.3 We may disclose your personal information to third parties, from time to time, to assist us in conducting our Business, including:
(a) technology service providers including internet service providers or cloud service providers;
(b) couriers such as Australia Post;
(c) data processors that analyse our website traffic or usage for us;
(d) agents that perform functions on our behalf, such as mailouts, debt collection, marketing or advertising;
(e) our related bodies corporate; and
(f) to persons, entities or courts as required under the law.
19.4 We may disclose your personal information to third parties:
(a) to provide the service you wish to use;
(b) to improve our Business, services, products and Website;
(c) to customise and promote our services which may be of interest to you;
(d) to comply with or as permitted under the law; or
(e) with your consent.
19.5 We do not host any of our services or software overseas. We are not aware of any data or information we store in any country other than Australia.
20. Direct Marketing to You
20.1 We will not send you unsolicited commercial electronic messages in contravention of the Spam Act 2003 (Cth).
20.2 We may use the non-sensitive information you gave us for the purpose of promoting and marketing our Business to you if we:
(a) use the information that you reasonably expected us to use for promoting and marketing our Business to you; and
(b) provide you a simple method to opt-out.
20.3 We will not contact you to promote or market our business if you requested us not to.
21. Accessing and Correcting Your Personal Information
21.1 You may request access to your personal information that we hold and we will:
(a) verify your identity;
(b) charge you to cover the cost of meeting your request, if any, but not for the request itself; and
(c) within a reasonable period of time, comply with your request.
21.2 We may refuse to allow you to access your personal information if we are not required to do so under the Australian Privacy Principles.
21.3 You may request to correct your personal information that we hold and we will update your personal information so that it is up-to-date, accurate, complete, relevant and not misleading.
22.1 If you believe we breached the Australian Privacy Principles under the Privacy Act 1988 (Cth) or a registered Australian Privacy Principles Code, you may lodge a complaint as follows:
(a) firstly, contact us in writing and include the following in your complaint:
(b) your contact details;
(i) section or provision of the Australian Privacy Principles or Code that you believe we breached; and
(ii) our practice or policy that you believe breaches the relevant Australian Privacy Principle or Code,
(iii) and you must allow us a reasonable time, about 30 days, to reply to your complaint; and
(c) secondly, you may complain to the Office of the Australian Information Commissioner if:
(i) you are not satisfied with our response; or
(ii) we do not respond to you within a reasonable time without sufficient explanation.
23. Breach of Terms and Conditions
23.1 If you breach any of these terms and conditions we may take appropriate actions including but not limited to:
(a) issuing a warning notice;
(b) suspending your access to the website;
(c) prohibiting your access to the website; or
(d) bringing court proceedings against you.
24.1 These Terms and Conditions terminate automatically if we cease to operate the Website.
25.1 This Website is directed at and restricted to use by individuals or entities that reside in Australia only.
25.2 We make no representation that Content are appropriate or available for use in other locations and jurisdictions.
25.3 This Agreement is governed by the laws of the Australian Capital Territory (the Jurisdiction).
25.5 No Party may object to the Jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
26. Whole Agreement
26.1 This Agreement embodies the whole Agreement between the Parties relating to the subject matter of this Agreement and supersedes all previous agreements in respect of your usage of our Website.
27.1 We may transfer, sub-license or otherwise deal with our rights and obligations under these Terms and Conditions without notifying you or obtaining your consent.
27.2 You may not transfer, sub-license or otherwise deal with your rights and obligations under these Terms and Conditions.
28.1 If all of any part of any provision of these Terms and Conditions is invalid or unenforceable, then:
(a) that provision is severed from the Terms and Conditions to the extent necessary to remove the invalidity or illegality; and
(b) the remaining provision of the Terms and Conditions remains valid and enforceable.
29. Survival of Certain Terms
29.1 The sections of the Terms and Conditions which are capable of having effect after your use ends continue to have full effect, including clauses in relation to:
(a) protection of intellectual property;
(b) post-agreement restraints; and
(c) guarantees, warranties, indemnities and limitation of liability.
30.1 In the Terms and Conditions, unless the contrary intention appears:
(a) a reference to the Terms and Conditions or any instrument includes any variation or replacement of any of them;
(b) a reference to a person includes a body corporate, joint venture, association, government body, firm and any other entity;
(c) a reference to legislation includes any amendments to it, any legislation substituted for it, and any subordinate legislation made under it;
(d) the singular includes the plural and vice versa;
(e) words of one gender include any gender;
(f) headings do not affect the interpretation of the Terms and Conditions;
(g) reference to a Party includes that Party’s personal representatives, successors and permitted assigns;
(h) reference to a thing (including a right) includes a part of that thing;
(i) if a Party comprises two or more persons:
(i) reference to a Party means each of the persons individually and any two or more of them jointly;
(ii) a promise by that Party binds each of them individually and all of them jointly;
(iii) a right given to that Party is given to each of them individually; and
(iv) a representative, warranty or undertaking by that Party is made by each of them individually;
(j) a provision must not be construed against a Party only because that Party prepared it;
(k) a provision must be read down to the extent necessary to be valid and if it cannot be read down to that extent, it must be severed;
(l) another grammatical form of a defined expression has a corresponding meaning;
(m) the word “include” is used without any limitation;
(n) the rights, duties and remedies in the Terms and Conditions operate to the extent that they are not excluded by law; and
(o) examples are descriptive only and not exhaustive.
31.1 The following words have these meanings unless the contrary intention appears:
(a) Agreement means the Website Terms and Conditions as amended from time to time.
(b) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(c) Australian Privacy Principles means the principles under the Schedule 1 of the Privacy Act 1988 (Cth).
(d) Claim means any claim, suit, action, demand, or right.
(e) Content means any material on the Website as amended from time to time including but not limited to text, document, image, logo, photo, audio material, video material and audio-visual material.
(f) Liability means responsibility for any loss (either direct or indirect), damage, injury, or expense.
(g) Malicious Computer Program includes programs that contain viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information.
(h) Party means a party to this terms and conditions.
(i) Parties mean all parties to this terms and conditions.
(j) Website means www.stephaniesboutiquelingerie.com.au
(k) Website Terms and Conditions means the terms and conditions set out in this document.
(l) We, Us or Ourselves refers to Stephanie’s Boutique Lingerie
(m) You, Your or Yours refers to a user of this Website.