Website Terms Of Use - Dressedup

Website Terms of Use


These Terms of Use apply to you whether you are browsing or are a customer of Dressedup.

The Terms of Use in force at any time are published on the Website and you will be taken to have accepted them by accessing or using the Website.

If Dressedup develops revised terms of use then on their publication on the Website they will supersede those they replace. If you subsequently access or use the Website you will be taken to have accepted the revised terms of use.

If you do not agree with the terms of use applicable from time to time, do not access, use, submit information to or download from this Website.

These Terms of Use may change without notice, so do check them from time to time. If you do not agree to any change, you should terminate your use of the Website. A last updated date appears at the end of the Terms of Use specifying the date of the last update coming into force.

Specific Website offerings, incentives, areas, or sections may also have additional guidelines which govern your use of this Website. You must comply with them in addition to these Terms of Use.

Email



We will use the information from your orders to send you email marketing from time to time for other Items on our Website and our partner websites. You may opt out of receiving those emails by clicking “optout” on the mail sent to you. Or by emailing This email address is being protected from spambots. You need JavaScript enabled to view it.

GST


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



Your use of the Website, its components and content must not breach these Terms of Use, Dressedup’s statements on pages of the Website, and any agreement on the Website to which you become a party.

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.

Intellectual Property



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.


Links Policy

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.

Indemnity



You indemnify Dressedup from and against all claims, demands, actions, losses and damages, costs, charges, fines and expenses (including but not limited to reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to your activities on or use of the Website, any breach by you of these Terms of Use, any demand or complaint made by another user against you, and any due to any comments, submissions, posts and materials made or added by you or authorised by you for the Website.

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.

Despite anything to the contrary in these Terms of Use, the disclaimers and limitations specified in these Terms of Use only apply to the maximum extent permitted by such legislation and do not exclude, limit or modify remedies under such legislation.

Under these Terms of Use your use of the Website is at your risk. Dressedup is not liable to you or anyone else for any damage or loss in connection with use of the Website or any comment, submission, post or material on the Website. You should not act on the basis of anything contained in the Website without first obtaining any necessary or prudent professional advice. Dressedup is not responsible for any damage suffered from the direct or indirect use of the Website. This includes, but is not limited to: expenses and loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by the negligence, errors or omissions of Dressedup, its officers, employees and contractors, editors, moderators, consultants, and authors.

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.

Termination



Without limitation to other provisions in this Terms of Use, Dressedup may at its discretion refuse service, suspend or terminate any access or account you may seek or have with Dressedup. Dressedup may do so, for example but without limitation, if it believes you will breach or have breached these Terms of Use. This includes any access right you may have as a registered user.

Construction



In these Terms of Use, unless the context otherwise requires:

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 reference to these Terms of Use is a reference to these Terms of Use as may be varied, supplemented, novated, or replaced from time to time; words in the singular number include the plural and vice versa; a reference to a thing (including any amount or a garment) is a reference to the whole and each part of it and a reference to a group of things or persons is a reference to all of them collectively and to any one or more of them; headings, underlines, indexes and lists of contents are for convenience only and have no effect on interpretation; "including" and like terms mean "including but not limited to";

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.

GENERAL


Relationship of Parties

Nothing in these Terms of Use is to be taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any of the parties.

Limitation



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.

Composition


These Terms of Use are subject both to any agreement between you and Dressedup which expressly supersedes these Terms of Use, and, to any mandatory statutory or common law to the contrary applicable in the state of New South Wales, Australia.

Variation



These Terms of Use or any part of them may be varied, modified, amended, added to or substituted only by a document in writing executed by the parties.

Waiver



No provision of these Terms of Use is to be taken to be waived except by express written consent executed by the party which is claimed to have waived the relevant provision.

Severability



If a provision, or part of it, of these Terms of Use is held invalid, unenforceable or illegal by a judicial authority for any reason, then that provision or part must be read down if possible but if that cannot be done then it must be severed and the balance of these Terms of Use will otherwise remain in full force.

Governing Law and Jurisdiction



These Terms of Use must be interpreted and governed by the law of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises in relation to them it must be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
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