Terms of Use 2016-11-26T13:04:03+00:00

Terms of Use

Last updated on June 26, 2016.

This website is operated by Stylish 365. Throughout this website, the expressions “Stylish 365”, “we”, “us” and “our” refer to Stylish 365 (ABN 72 343 822 571). Please read these terms carefully as they apply to your access to and use of Stylish365.com and all of its contents, and also apply to any associated services, products, and software provided by us (collectively, the “Site”).

By accessing or using the Site and/or purchasing something from us, you agree to be bound by these terms (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any changes made to the Site or new features or tools which are added to the Site shall also be subject to the Terms of Use. We reserve the right to update, change or replace any part of these Terms of Use from time to time. The revised terms will take effect when they are posted. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

1. Jurisdiction

The Site is directed to those individuals and entities located in Australia. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorised to access or use any of the information on the Site. Stylish 365 makes no representation that the information, opinions, advice or other content on the Site (collectively, “Content”) is appropriate or that its products and services are available outside Australia. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

2. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in the Site, our products and services, software, applications, and in the content published on the Site (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, voice, music, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by Australian and international intellectual property laws and treaties. All such rights are reserved. You may access, download and print materials on the Site solely for your personal and non-commercial use; however, any print out from the Site, or portions of the Site, must include Stylish 365’s copyright notice. No right, title or interest in any of the materials contained on the Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of the Site; create derivative works from; link to or frame in another website; use on any other website; or transfer or sell any information obtained from the Site without the prior written permission of Stylish 365 or our licensors.

3. Reliance on Information, Materials and Commentary

Commentary, materials, advertisements, promotions, events and messages posted on, or via, this Site, or the services we provide on or via this Site, are not intended to be relied upon. We disclaim all liability and responsibility arising from any reliance placed on same, and any services provided therefrom, by any visitor to, or user or customer of this Site, or by anyone who may be informed of any of its contents, and we make no representations or warranties that use of such commentary, materials, advertisements, promotions and messages will not infringe the rights of any third parties. We are not responsible for the products, services, actions, events or failure to act of any venue, performer, promoter or other third party in connection with or referenced on this Site, software or application.

4. Copyright and Fair Use

STYLISH 365 RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. EVERYTHING PUBLISHED ON THE SITE IS PUBLISHED IN THE INTEREST OF INFORMING THE PUBLIC, ADVANCING THE ARTS AND PROVIDING SATIRICAL COMMENTARY. WE USE CONTENT FREELY AVAILABLE ON THE INTERNET (INCLUDING PHOTOS, VIDEOS, MEMES AND AUDIO) IN THE INTEREST OF NEWS AND SATIRE AND AIM TO PROMOTE THE ORIGINAL ARTISTS AND CONTENT OWNERS BY CREDITING WORK AND LINKING TO THEIR ONLINE PLATFORMS. IF YOU ARE NOT HAPPY ABOUT YOUR WORK BEING PROMOTED ON THE SITE, OR WE HAVE INCORRECTLY CREDITED SOMETHING, OR YOU BELIEVE YOUR WORK HAS BEEN USED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE CONTACT STYLISH 365 URGENTLY BY EMAILING [email protected].

5. Products and Services

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in our services will be corrected.

6. Services and Price Modifications

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue our services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products or services.

7. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

8. Links

Where this Site contains links, references or transmissions to other sites, services, promotions, software, applications or events provided by third parties or to third parties themselves, they are provided for your information and convenience only. We have no control over their contents, do not endorse, verify or approve, and accept no responsibility, for them or for any loss or damage that may arise from your use of, and attendance at, them. Stylish 365 disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites. If you decide to access such sites, services, software or applications, you do so at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. These Terms of Use apply only to the Site and the products and services Stylish 365 offers.

9. Linking to This Site

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Site must not be framed on any other site, unless we expressly agree otherwise. If you wish to make any use of material on this site other than that set out above please address your request to [email protected].

10. Viruses, Hacking and Other Offences

You must not misuse this Site, or our services, software or applications, by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Site or our services, the server on which this Site is stored or any server, computer or database connected to this Site, or our software or applications. We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site, or our services, software or applications, or to your downloading of any material posted on this Site, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.

11. User Email

Email submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before emailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any emails or materials through the Site that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. Stylish 365 shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

12. No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to Stylish 365 that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

13. Spamming

Gathering email addresses from Stylish 365 through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited.

14. No Warranties

THE SITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH STYLISH 365 EXPRESSLY DISCLAIMS. STYLISH 365 DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND STYLISH 365 WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE SITE. STYLISH 365 MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE SITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY STYLISH 365.

15. Governing Law

This Site is created and controlled by us in the State of New South Wales, Australia. As such, these Terms of Use shall be governed in all respects by the laws of the State of New South Wales, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. By using this Site you submit to the jurisdiction of the courts of New South Wales and agree that any legal action will only be commenced in these forums. This site is available only to people who can form legally binding contracts under applicable law.

16. Separate Agreements

You may have other agreements with Stylish 365. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Stylish 365.

17. No Professional Advice

The information available on the Site is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Site is not intended for use by minors.

18. Users Disputes

You are solely responsible for your interactions with other users of the Site. Stylish 365 reserves the right, but has no obligation, to monitor disputes between you and other users.

19. User Submissions and Communications

You acknowledge that you own, are solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Stylish 365 or its affiliates for all claims resulting from content you supply. If you make any submission to an area of the Site accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Stylish 365 by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Stylish 365 a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Stylish 365 may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Stylish 365 by email. We do not pre-screen, monitor, vet or edit any user submissions and the views expressed are those of the individual submission contributors and not necessarily our own. Although we do not pre-screen, monitor, vet or edit submissions, we have the right at our sole discretion to remove any submissions that, in our judgment, do not comply with these Terms of Use or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. Stylish 365 reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Stylish 365 has no liability or responsibility to users of the Site or any other person or entity for performance or non-performance of the aforementioned activities.

20. Information About You and Your Visits to This Site

We process information about you in accordance with our privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.

21. Legal Guardians

The Site is not intended for use by minors. By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

22. Severability

If any provision in these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the reminder of these Terms of Use which will continue in full force and effect.

23. Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. STYLISH 365 SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF STYLISH 365 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE SITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY STYLISH 365. THIS DOES NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WITHOUT LIMITATION TO THE FOREGOING, WE ACKNOWLEDGE THAT THE LAWS IN CERTAIN JURISDICTIONS INCLUDING AUSTRALIA MAY IMPLY WARRANTIES AND CONDITIONS OR IMPOSE OBLIGATIONS ON THE SUPPLY OF GOODS AND SERVICES THROUGH OR BY MEANS OF THIS SITE WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. IF ANY SUCH LAWS APPLY, THEN TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE RELEVANT JURISDICTION AND IN THE CASE OF AUSTRALIA TO THE EXTENT PERMITTED BY THE COMPETITION AND CONSUMER ACT 2010 (CTH), OUR LIABILITY IS LIMITED AND IF ANY LIABILITY REMAINS IT WILL BE LIMITED TO ANY ONE OR MORE OF THE FOLLOWING IN ITS SOLE DISCRETION: (I) IN THE CASE OF ANY GOODS, THE REPLACEMENT OR REPAIR OF THE GOODS, OR THE SUPPLY OF EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF REPAIRING OR REPLACING THE GOODS OR SUPPLYING EQUIVALENT GOODS; AND (II) IN THE CASE OF ANY SERVICES (SUCH AS MESSAGES), THE SUPPLY OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. WITHOUT LIMITATION TO THE FOREGOING, YOU AGREE THAT IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR THE SERVICE OR ONE THOUSAND DOLLARS (AUD$1,000.00).

24. Indemnity

You agree to defend, indemnify, and hold Stylish 365, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

25. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Contact Information

Questions, concerns and comments about the Terms of Use should be sent to [email protected]. Thank you for visiting Stylish 365.

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