Unless otherwise stated, any charges referred to for use of any services provided by Dressedup via the Website are exclusive of Goods & Services Tax (“GST”). Where GST applies, Dressedup will deduct the GST it incurs from each customer's payment and Dressedup will issue the customer with a tax invoice. Terms used in this clause are governed by definitions in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
CONSENT TO COMMUNICATIONS
Permitted Use and Prohibitions
All other use is unauthorised and strictly prohibited and will terminate any registration and access rights granted.
Dressedup requires that each individual participating in the Website do so from a single login account. Multiple individual accounts are prohibited.
The content of the Website and any newsletters, mail-outs or other materials associated with the Website are the property of Dressedup, unless noted otherwise.
The Website and its content is protected by law including copyright in its layout, text, images, photographs, illustrations, animations, audio clips, video clips, programming and HTML code. No part of the Website or its content may be used, copied, modified, distributed, republished or transmitted, except for your personal and non-commercial use. All rights not expressly granted at the Website are reserved by Dressedup, unless noted otherwise.
All names, logos and signs in the Website are the trade marks of their respective owners. This is our trade mark: Dressedup™.
Third Party Items and Services
No endorsement, recommendation or approval of any user, customer or other third party or any of their Items, services, or websites is intended by any content, links or third party advertisements (including any banner ads containing embedded hyperlinks) on or to Dressedup. Links are provided only as a convenience. Some third party advertisements contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Dressedup, and it is not responsible to you for the goods or services you buy on the third party website.
You are welcome and encouraged to create links to the Website. If you are using frames, when they are activated you must ensure they do not continue to display your frames, or frames of others, around the Website pages.
Disclaimers and Limitation of Liability
The Trade Practices Act 1974 (Cth) and other legislation confers rights and remedies in relation to the provision of goods and services which cannot be excluded, restricted or modified.
The disclaimers and recommendations in the preceding paragraph apply to all content on the Website’s web pages, PDFs and other files and documents. The disclaimers and recommendations in the preceding paragraph are not restricted by the detailed provisions below.
All care and diligence is taken to ensure the accuracy and currency of information. However, Dressedup, its officers, employees and contractors, editors, moderators, consultants, and authors with content on the Website, and the internet service provider hosting the Website, make no representation and accept no responsibility for any error, omission, service interruption, unreliability, lack of timeliness, inaccuracy, misleading information or anything done or not done if you use, download, or act in reliance on any representation, information or data contained, linked or distributed through the Website.
The Website and its content is therefore provided "as is", and to the full extent permitted by the law, without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for purpose or otherwise.
Further, Dressedup, its officers, employees and contractors; editors, moderators, consultants, and authors with content on the Website; and the internet service provider hosting the Website, accept no liability for any direct, indirect, incidental, consequential, exemplary, special, or punitive damage (including any loss of profit, revenue or data) whatsoever and howsoever caused, arising from access, use, downloading, or reliance by you or any third party on or of any representation, information, product or service provided on, via or involving the Website, whether in an action of contract, tort (including negligence), criminal law, property, trust, unjust enrichment or statutory law.
A reference to any legislation, regulation, proclamation, ordinance, by-law, industrial award or other statutory instrument or rules includes a reference to all legislation, regulations, proclamations, ordinances, by-laws, industrial award and statutory instruments or rules amending, consolidating or replacing it or made or issued under it;
A failure to comply, observe or perform an obligation constitutes a breach of an obligation; and no rules of construction apply to the disadvantage of one party on the basis that it offered or drafted this Agreement or part of it.
Relationship of Parties
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website will be barred if it is not filed within one (1) year of the cause of action arising.
Governing Law and Jurisdiction