Website Terms of Use

Passion for Fashion Technologies Pty Ltd

Website Terms of Use  

These terms constitute our Terms of Use.  By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by our Terms of Use. If you do not agree with our Terms of Use, you must cease using our Website immediately.

Website Terms of Use

General

(a)        This Website is operated by Passion For Fashion Technologies Pty Ltd [ACN 672 602 238]. The terms “we”, “us” and “our” throughout these Terms of Use refer to Passion For Fashion Technologies Pty Ltd.

(b)        These Terms of Use govern your right to use our Website, including all information, tools and services available to you via use of the Website.

(c)         By accessing our Website or purchasing or renting a product or service via our Website, you agree to abide by these Terms of Use.

(d)        Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions within these Terms of Use, then you may not access the Website or use any of our services.

(e)        Any new features or tools which are added to the current Website shall also be subject to these Terms of Use. You can review the most current version of our Terms of Use at any time here. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Website. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Rules as to conduct

(a)        We require all those using or otherwise accessing our Website to abide by the following rules as to conduct:

(i)          Be nice. It’s nice to be nice and it’s easy to be nice.

(ii)         Do not infringe on any copyright, trademark, right of publicity, or other proprietary rights of any other person or entity.

(iii)       Do not send inappropriate messages or post inappropriate comments. If you ask yourself if a message or comment is inappropriate or not, then it probably is.

(iv)       Do not send messages or post comments that are hateful, threatening, abusive, insulting, defamatory, libellous, invasive, pornographic, contain violence or promote violence.

(v)         Do not disclose sensitive, private, or personal information of any other person or entity, including email address, postal address, credit card number, bank account details, or similar information.

(vi)       Do not pretend to be someone you are not.

(vii)      Do not attempt to use our Website as a dating app, to stalk or to harass.

(viii)     You must not copy or disseminate any of our content or editorial without having first asked and received our permission in writing to do so.

(ix)        Make sure that the description of any product is true and correct and not misleading or a misrepresentation of that Product,

(Rules).

(b)        By accessing or otherwise using our Website, you agree to comply with our Rules in all respects.

(c)         The above Rules are subject to change or amendment at our sole discretion at any time. You can always find the most up to date version of our Rules here.

(d)        Any breach of our Rules will result in our terminating your account or membership with us and/or terminating your ability to access or use our Website.

(e)        If you are of the view that any of the Rules have been broken, please contact us via our complaints tab.

Link to third parties

(a)        Our Website may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the content of any Linked Sites, including without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site.

(b)        We are not responsible for any form of transmission received from any Linked Site.

(c)         We provide links to Linked Sites only as a convenience to you and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.

(d)        We may occasionally promote affiliate programs and products. We may receive commission on these programs or products.

No unlawful or prohibited use

(a)        As a condition of your use of our Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.

(b)        You may not use the Website in any manner which could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

(c)         Our Website is intended solely for use by persons who are 18 years of age or older. By agreeing to these Terms of Use, you warrant to us that you are at least 18 years of age.

(d)        A breach or violation of any of the provisions of these Terms of Use will result in an immediate termination of your ability to access our Website. 

Our Website and associated Intellectual Property Rights

(a)        Unless stated otherwise, we own or license the copyright and all other proprietary rights in the following materials used on our Website, any:

(i)             text;

(ii)            trademarks,

(iii)           logos;

(iv)           animations;

(v)            sound recordings and/or

(vi)           software.

(b)        You do not receive any ownership rights by downloading or accessing any content from our Website.

(c)         You must not use, download or republish any of the content featured on our Website without our prior written consent. Any unauthorised use of our content will amount to a breach of these Terms of Use and our intellectual property rights, including our copyright.  

(d)        If you wish to use any content or images from our Website, please contact us and we will consider your request in good faith.

Materials provided to us or posted to our Website

(a)        We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to our Website or its associated services (collectively Submissions).

(b)        However, by posting, uploading, inputting, providing or submitting your Submission you are granting us and our affiliates permission to use your Submission in connection with the operation of our business including, without limitation the rights to copy, publish, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission.

(c)         You agree that we may, and reserve the right to, remove any comments made by you about our Website, any of its content, its individual representatives, officers, directors, consultants, other users and/or employees which we believe in our sole discretion to be damaging to us.

(d)        No compensation will be paid with respect to the use of your Submission in accordance with these Terms of Use. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

(e)        By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent to us that you own or otherwise control all of the rights to your Submission as described in this section including without limitation all the rights necessary for you to provide, post, upload, input or submit the Submissions. You agree to indemnify us for all loss or damage we suffer or incur as a result of your breach of the warranty given by you in this clause (e).

Suspected Infringement of Intellectual Property

(a)        If you are of the view that any content or image that has been published on our Website is in breach of your or a third party’s intellectual property rights, then please immediately:

(i)      advise us of the offending content or image and identify same;

(ii)     identify what intellectual property is being breached or used without authorisation;

(iii)    provide your best contact details, address, email address, telephone number;

(iv)    provide a sworn statement and evidence that the intellectual property rights for the content or image belong to you or that you are authorised to act as agent on behalf of the owner of the intellectual property rights;

(b)     You must allow us not less than fourteen (14) days to remove the relevant content or otherwise respond to your concerns.

Payment providers

(a)        In accepting payments, we will use any payment providers, merchants or gateways as we consider appropriate in our sole and absolute discretion. The terms and conditions of the relevant provider will apply to transactions taking place via our Website and by accepting these Terms, you agree to abide by the terms and conditions of such providers in all respects.

(b)        If you have any queries regarding the terms and conditions of the payment provider, then please contact the payment provider directly.

(c)         If by your act or omission you cause us to breach the terms and conditions of any payment provider, and we suffer any Loss or become the subject of any Claim as a result, you agree to indemnify us and keep us indemnified against any such Loss or Claim which arises in connection with your relevant conduct. Please be aware that this may mean you are obligated to compensate us for our legal fees and other costs incurred by us as a result of your conduct.

(d)        We recommend that you review the privacy policies of our payment providers before proceeding with a transaction via our Website. Where you proceed with a transaction via our Website, you are providing your consent to our payment providers accessing and using your personal information in the manner outlined in their privacy policy. If you have any queries regarding the privacy policy of a payment provider, please contact the payment provider directly.

Payments

(a)        All reference to monetary amounts is to Australian Dollars.

(b)        Prices listed on our Website are subject to change at our sole discretion and without notice.

(c)         In purchasing or renting any product or service from our Website you agree to:

(i)           pay using a valid credit card (or other form of payment as we may allow);

(ii)          provide us with current and complete information including your full legal name, email address, credit card details and billing information as required; and

(iii)         pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the purchase or hire.

(d)        If we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your purchase or hire, or put on hold or terminate your access to our Website or any of the services at our sole discretion.

User accounts and passwords

(a)        In order to hire an item via our Website, you will need to verify your identity. In order to do this, you will need to submit your identity documents via Shopify’s Real ID application. Please download the application and follow the prompts. Please note that we do not own or control Real ID and as such, cannot guarantee the security of your identity documents or confirm how they will be handled once submitted to Real ID.      

(b)        You agree to provide accurate and truthful details about yourself for the purposes of using our Website, creating any account or membership profile with us, making a purchase or hire via our Website or listing any items as a lender or vendor via our Website. We reserve the right to suspend or terminate your account or membership with us and/or terminate or restrict your ability to access to our Website if we discover you have, at any time, provided inaccurate, incomplete or misleading information.

(c)         To lend or sell an item via our Website or use certain other features of our Website, you may be required to create an account with us, and to provide a valid email address and set a password (Logins) for your account. Where you create an account or Logins, you are solely responsible for:

(i)             maintaining the strict confidentiality of your Logins; 

(ii)            exercising caution when accessing your account from a public or shared device;

(iii)           ensuring that no-one besides you uses your Logins to access our Website;

(iv)           informing us as soon as possible of any need to deactivate your account due to a potential or actual security breach.

(d)        By accepting these Terms of Use you acknowledge and agree that:

(i)             you are solely liable for any Loss suffered by you or any other person as a result of your failure to comply with clause (c) above; and

(ii)            we are not liable for any Loss suffered by you or anyone else which arises in connection with the theft of your Logins or any theft of misuse of your personal information as a result of the theft of your Logins or the disclosure or sharing of your Logins by you with any other person.

Refund and returns policy for hire arrangements and purchases direct from Passion for Fashion

(a)        We offer refunds and returns in accordance with the Australia Consumer Law and the provisions set out in our Refunds and Returns Policy. Please see our Refunds and Returns Policy here for further information in respect of processes and policies relating to refunds and returns.

(b)        Where you have hired an item directly from a Third party provider, or purchased an item directly form a Third party provider, your agreement for hire or purchase is made directly with the relevant Third party provider and we are not a party to the transaction. In such circumstances, the terms of the relevant Third party provider (including their refunds and returns policy), will apply to the transaction as opposed to ours. Please ensure you read the terms of any Third party provider carefully before committing to any hire or purchase.

Liability disclaimer

(a)        By accepting these Terms of Use, you acknowledge that our Website may use third party platform providers, such as Shopify, and you acknowledge that this may not be a secure connection.

(b)        The information, software, products and services included in or available through our Website may include inaccuracies or typographical errors. Changes are periodically made to these Terms of Use and our Website. We may make improvements and/or changes to our Website at any time.

(c)         We make no representations about the suitability, reliability, availability or timeliness and accuracy of the images, information, software, products, services and related graphics contained on our Website for any purpose. To the maximum extent permitted by law all such information, software, products, services and related graphics are provided “as is” without warranty or conditions of any kind. We disclaim all warranties and conditions with regard to this information, software, products, services and related graphics including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

(d)        To the maximum extent permitted by law we exclude all liability for any loss or damage whatsoever including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with:

(i)             the use or performance of our Website;

(ii)            the delay or inability to use our Website or related services;

(iii)           the provision of or failure to provide services; or

(iv)           for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website,

whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages.

(e)        Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or indirect damages the above limitation may not apply to you. If you are dissatisfied with any portion of our Website or with any of these Terms of Use your sole and exclusive remedy is to discontinue using our Website.

Termination and restriction of access

We reserve the right in our sole discretion to terminate or restrict your access to our Website and the related services or any portion thereof, or to cease the operation of our Website, at any time without notice to you.

Indemnity

You agree to indemnify us and keep us indemnified against all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of our Website or from your breach of any of the provisions contained within these Terms of Use and/or any facilitation or support by you of a third party causing any Loss to us.

Privacy policy

Your privacy is important to us. Our Privacy Policy is incorporated into these Terms of Use by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our Privacy Policy. You can find a copy of our Privacy Policy here. 

Jurisdiction

These Terms of Use are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the courts of that jurisdiction and any appeals from those courts.

Entire Agreement

These Terms of Use, together with our Privacy Policy, form the entire agreement between us and you in relation to your use of our Website.

Waiver

Any failure or delay on our part to exercise a power or right we have under these Terms of Use (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.

Severance

Any provision of these Terms of Use which is prohibited or unenforceable in the jurisdiction of Queensland will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability.

That will not invalidate the remaining provisions of these Terms of Use nor affect the validity or enforceability of that provision in any other jurisdiction.

Definitions

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Loss means losses, liabilities, damages, costs (on a full indemnity basis), charges and expenses.

Terms of Use means these terms and conditions of use (as updated from time to time). 

Third party provider means the third party lenders and sellers who independently lease and sell items via our Website.

Website means www.passionforfashion.au and includes any associated applications or other platforms which we may make available to you from time to time.