Terms
and Conditions
1.
In General
Access to and use of this Web site and the products and search
services available through this Web site (collectively, the
"Services") are subject to the following terms, conditions
and notices (the "Terms of Service"). By using the
Services, you are agreeing to all of these terms, conditions
and notices, without modification. Furthermore, you acknowledge
that the Terms of Service may be updated by us from time to
time. This Web site also contains links to other Web sites,
Web pages and services, which are not operated by FASHIONCREATIVES.COM
(the "Linked Sites"). Your use of such Linked Sites
will be subject to the terms of service contained within each
such site and the respective terms of service will control the
use of the respective site. In any event your link through to
such a site will be subject to their Terms of Service. You recognise
that FASHIONCREATIVES.COM has no control over such Linked Sites
and information, and you accept that FASHIONCREATIVES.COM provides
no guarantee as to the accuracy or reliability of such sites
or the information contained in them and you agree that we shall
have no responsibility as to whether such links locate unintended
or objectionable content or otherwise cause you distress, loss
or damage.
2.
Privacy policy
Under FASHIONCREATIVES.COM privacy policy we may disclose to
third parties certain information contained in our Users' registration
applications, but we will not disclose your name, address, email
address or telephone number unless we have informed you, been
authorised by you, or are required to do so by law, subject
to the Data Protection Act 1998. Our privacy policy may be found
at Privacy Policy.
3.
Prohibitions
You will not: commit or encourage a criminal offence; send or
receive any material which is in any way offensive or obscene,
or in breach of confidence, copyright, privacy or any other
rights; act contrary to the acceptable use policies of any Linked
Sites or community standards generally; transmit or distribute
a virus; hack into any aspect of the Service; corrupt data;
cause annoyance to other Users; infringe upon the rights of
any other person's trade marks or other proprietary rights;
send any unsolicited advertising or other promotional material,
commonly referred to as "spam"; or attempt to affect
the performance or functionality of any computer facilities
of or accessed through the FASHIONCREATIVES.COM Web site.
4.
Intellectual Property, Software and Content
The intellectual property rights in all software made available
and content supplied to you remains the property of FASHIONCREATIVES.COM,
its licensors, advertisers or content suppliers. You will comply
with the terms of any agreement required by the owner of intellectual
property rights in all software and content supplied to you
as notified to you and you hereby acknowledge that all software
that is not made readily available to you is confidential, and
that all other rights including but not limited to database
rights and copyright are asserted and reserved by FASHIONCREATIVES.COM,
its licensors, advertisers or content suppliers. You may store,
manipulate, analyse, reformat, print and display the content
supplied solely for your own personal use. In no event are you
permitted to publish, distribute or otherwise reproduce in any
format any of the content or copies of the content supplied
to you or which appears on the FASHIONCREATIVES.COM site and
you are prohibited from using any such content in connection
with any business or commercial enterprise including, without
limitation, any media business or enterprise. You shall not
modify, translate, reverse engineer, decompile, disassemble
(except to the extent that applicable laws expressly or impliedly
prohibit such restriction) or create derivative works based
on any software or any documentation accompanying such software
supplied by FASHIONCREATIVES.COM, its licensors, advertisers
or content suppliers and FASHIONCREATIVES.COM are trade marks
belonging to THREE ENTERPRISES PTY LTD Limited. No license or
consent is granted to you to use these marks in any way, and
FASHIONCREATIVES.COM reserves all rights in these and any related
marks. You agree not to use these marks or any marks which are
colourably similar without the written permission of FASHIONCREATIVES.COM.
5.
Products and Services
By making a request/order /service you are offering to purchase
a product/service which we will accept to sell to you on the
following Terms and Conditions. All requests are subject to
confirmation of the order by us. FASHIONCREATIVES.COM are absolutely
entitled to refuse any request made by you. If your order is
accepted we will inform you by emailing you or else by calling
you. When making a request you undertake that all details you
provide to us requesting goods or services are true and accurate,
that you are an authorised user of the credit or debit card
used to make your request or bid and that there are sufficient
funds to cover the cost of the goods, services or bid. It is
your responsibility to inform us of any changes to these details
as soon as possible. The cost of foreign products and services
may fluctuate. All prices advertised are subject to such changes.
6.
Disclaimer of liability
Unless expressly stated to the contrary to the fullest extent
permitted by law FASHIONCREATIVES.COM, its content providers,
advertisers or linked sites shall not be liable for any damages
whatsoever, including but without limitation to any direct,
indirect, special, consequential, punitive or incidental damages,
or damages for loss of use, profits, data or other intangibles,
damage to goodwill or reputation, or the cost of procurement
of substitute goods and services, arising out of or related
to the use, inability to use, performance or failures of this
web site or the linked sites, even if FASHIONCREATIVES.COM.
had been advised of the possibility of such damages and irrespective
of whether such damages arise in contract, tort, equity, restitution,
by statute, at common law or otherwise. You have read this disclaimer
and agree to it on the basis that you agree it is reasonable.
7. Disclaimer as to ownership of trade marks, images
of personalities and third party copyright
Except where expressly stated to the contrary all persons including
their names and images, third party trade marks and images of
third party products, services and locations featuring on the
FASHIONCREATIVES.COM web site are in no way connected, associated,
linked or affiliated to FASHIONCREATIVES.COM or FASHIONCREATIVES.COM.
furthermore, unless it is expressly stated on the FASHIONCREATIVES.COM
web site that a certain product, service or location is connected,
associated, linked or affiliated to the makers, right owners
or broadcasters (the "makers") of a film or programme
you should not make such an assumption, or rely in any way on
the existence of such a connection, association or affiliation,
by implication or otherwise. Any trade marks/names as may be
featured on the FASHIONCREATIVES.COM web site are owned by the
respective trade mark owners and FASHIONCREATIVES.COM claims
no connection, association or affiliation with them. Where a
trade mark (brand name) is referred to it is used to describe
or identify the products, services or locations (the "goods")
or else it is used to identify the film or programme where such
goods appeared, but that is in no way an assertion or claim
that such goods are endorsed by or connected, associated, linked
or affiliated to the makers of the relevant film or programme.
8. Indemnity
You agree to indemnify, defend and hold harmless FASHIONCREATIVES.COM,
its directors, officers, employees, consultants, agents, and
affiliates, from any and all third party claims, liability,
damages and/or costs (including, but not limited to, legal fees)
arising from, without limitation, your use of the FASHIONCREATIVES.COM
services, your breach of the Terms of Service, your infringement
of any intellectual property right or any other right of any
person or entity, or your breach of any duty of confidence or
privacy, or any defamatory statements made by you in any form.
9.
Variation of content
FASHIONCREATIVES.COM shall have the right in its absolute discretion
at any time and without notice to amend, remove or vary any
of the content supplied in connection with the Service or which
appears on any page of the FASHIONCREATIVES.COM Web site.
10. Submissions
All information and material submitted by you to FASHIONCREATIVES.COM
or that you publish on any public area of the FASHIONCREATIVES.COM
Web site shall be provided by the submitter and accepted by
FASHIONCREATIVES.COM on a non-confidential basis subject to
paragraph 2 above. Furthermore, FASHIONCREATIVES.COM shall be
granted a perpetual royalty-free non-exclusive license in the
copyright of any material submitted and FASHIONCREATIVES.COM
shall be free to use, edit, copy, republish and distribute (for
any purpose) and authorise others to do the same, any such information
or material and any ideas contained in such information or material.
11.
Termination
FASHIONCREATIVES.COM may at any time terminate or suspend any
part of the Service without notice to you.
12. Invalidity
If any part of the Terms of Service is unenforceable (including
any provision in which we exclude our liability to you) the
enforceability of any other part of the Terms of Service will
not be affected all other clauses remaining in full force and
effect. So far as possible where any clause/sub-clause or part
of a clause/sub-clause can be severed to render the remaining
part valid, the clause shall be interpreted accordingly. Alternatively,
you agree that the clause shall be rectified and interpreted
in such a way that closely resembles the original meaning of
the clause /sub-clause as is permitted by law.
13.
Governing law and jurisdiction
Upon entering the FASHIONCREATIVES.COM site you are bound by
these terms and conditions. These terms and conditions are to
be construed in accordance with the laws of Australia and the
UK and irrespective of your place of domicile, in the event
of any dispute associated with these terms and conditions, that
dispute shall be subject to the exclusive jurisdiction of Australian
and UK Law. Any dispute in any way referable to the content
of this site whether in respect of its trade marks, copyright
or image content shall be resolved exclusively by arbitration
the terms of which are to be agreed between FASHIONCREATIVES.COM
and yourself and provide no right or recourse to any relief
of the English Courts whether interim or otherwise and that
by accessing this site you waive your right for all time to
any such right.
14.
Entire agreement
The above Terms of Service constitute the entire agreement of
the parties and supersede any and all preceding and contemporaneous
agreements between you and FASHIONCREATIVES.COM. Any waiver
of any provision of the Terms of Service will be effective only
if in writing and signed by a Director of FASHIONCREATIVES.COM.