terms and conditions

1. Introduction

 

By using this website (located at stylearcade.com.au and stylearcade.com) any related websites or URLs, social media platforms owned or operated by us (Sites) and our services, including use of our contact form (collectively, the Services), you agree to be legally bound by these Website Terms and Conditions (Website Terms).


By agreeing to these Website Terms, you are entering into an agreement with Style Arcade Pty Ltd (ACN 601 545 644), including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Style Arcade or we or us), and agree to comply with any and all applicable laws and regulations, whether domestic or international.

 

By accessing or using our Services, you warrant and represent to us that you have read, understand and agree to be bound by these Website Terms and that you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Website Terms.

 

By agreeing to these Website Terms, you agree to comply with all other terms and conditions and policies as linked on the Sites, including our Privacy Policy and any software terms of use or proposal.  If there is any inconsistency between these Website Terms and our software terms of use or proposal, the software terms of use or proposal prevails to the extent of the inconsistency.

 

2. Use of the Services

 

You agree that you are responsible for your access to our Services and for ensuring that any persons that may access the Services through your internet connection are aware of and compliant with, these Website Terms.


You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.


When you provide your details to us, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact email that you provide to us.  You consent in advance to be contacted during our usual business hours (including in relation to customer service matters, order confirmation/assistance, product offers and/or other promotional purposes).

 

3. Intellectual Property

 

All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services are owned by, or licensed to Style Arcade, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.  


You may access and use the information provided in our Services, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Style Arcade. 


Unless explicitly stated herein, nothing in these Website Terms may be construed as conferring any licence to, or assignment of, any of Style Arcade’ intellectual property rights, whether by estoppel, implication or otherwise. Style Arcade reserves all rights not expressly granted in the Services.

 

4. Privacy
 

You agree to allow Style Arcade to send you emails regarding the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy.  Please see our Privacy Policy for information about our privacy practices.

 

5. Unauthorised access and malicious materials

 

You agree that you will not create a shared user account, nor share your user account with other individuals inside or outside your business. Creation or usage of a shared account is not permitted and may result in suspension or termination of your user account.


You must not attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services.  You agree that you will not cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Services or other users of our Services.


To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.

 

6. Third Parties


Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties.  Links in the Services to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their Website Terms.  We do not accept any liability for any information on, or the privacy practices of, any third party websites.

 

7. Limitation of Liability 

 

To the maximum extent permitted by law, neither Style Arcade, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:
(a)  any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
(b)  any, use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period; 
(c)  any errors in, or omissions from, the information contained in the Services; or
(d)  these Website Terms or any breach of these Website Terms.


You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.

 

To the maximum extent permitted by law, Style Arcade expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law.  Nothing in these Website Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.

 

This clause survives termination of these Website Terms.

 

8. Disclaimer of Warranty 


Style Arcade provides the Sites and their contents on an “as is” basis and use of this information is at your own risk.  While we aim to update the Sites regularly, neither Style Arcade, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Sites.  


We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any information or content featured in the Services or provided through our Services, without notice.  You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion. 

 

9. Release and Indemnity 


You agree to release and indemnify and hold Style Arcade and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to:
(a)  your purchase or use of goods or services purchased from the Style Arcade;
(b)  your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Website Terms;
(c)  any actual or alleged claim by a third party that any data supplied by you infringes the rights of that third party (including any intellectual property rights) or that the data is objectionable, incorrect or misleading; or
(d)  your violation of any law or the rights of a third party.  


This clause survives termination of these Website Terms.


10. Amendments and correction of errors


Style Arcade reserves the right to amend these Website Terms from time to time as it sees fit.  Any amendments or changes to these Website Terms are effective from the date on which the amended Website Terms are published except in relation to orders placed prior to the publication of any varied Website Terms.    


Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Website Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Website Terms by checking this page, which contains our most accurate and up to date version of our Website Terms.

 

Style Arcade reserves the right to amend any errors in the Services, at any time without notice to you.

 

11. General


Waiver: Any failure or delay by Style Arcade in exercising a power or right (either wholly or partially) in relation to these Website Terms does not operate as a waiver or prevent Style Arcade from exercising that power or right or any other power or right.  We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.  This clause survives termination of these Website Terms.


Force majeure: If we are unable to perform in whole or in part, any obligation under these Website Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation.  You agree that Style Arcade will not be held liable for any delay or failure in performance of any part of the Services.


Severability: If any part of these Website Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Website Terms.  Such invalidity does not affect the validity of the remaining provisions of these Website Terms.  This clause survives termination of these Website Terms.


Relationship: These Website Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Style Arcade and you or any other party unless expressly stated otherwise.


Entire agreement: These Website Terms (and all other documents, terms and conditions and policies that are incorporated by these Website Terms) and any additional policies or Website Terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings.  This clause survives termination of these Website Terms.


Jurisdiction: These Website Terms are governed by the laws of New South Wales, Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and its appellate courts.  Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.  This clause survives termination of these Website Terms.