Effective from 25 April 2022
- Introduction
- Accessing the Website and/or using the services offered by STYLECLA are subject to these terms and conditions.
- By accessing the Website and/or using the services offered by STYLECLA, the Customer agrees to be bound by these terms and conditions.
- STYLECLA reserves the right to amend these terms and conditions at any time without notice. Continued access to the Website is deemed to constitute the acceptance of any amendments to these terms and conditions.
- Access to the Website and Third-Party Links, Websites and/or Applications
- Access to the Website is at the sole risk of the Customer.
- The Customer in accessing the Website accepts the condition including any errors and/or omissions of the Website at the time of access.
- The Customer in accessing the Website and using the Service expressly acknowledges that Third Party Applications may be used to facilitate the running of the Website, and the supply of the Service.
- STYLECLA accepts no liability for any Loss, both direct and indirect, arising out of the use of or access to the Website including content contained in Third Party Links, external Third Party Websites and/or Third Party Applications. STYLECLA does not warrant that any content contained in external Third Party Websites and/or Third Party Applications is accurate, current and complies with any applicable laws and legislation.
- STYLECLA does not warrant that the Website and any Content on the Website is free from any malicious software such as but not limited to viruses, worms and other cyber defects. STYLECLA accepts no liability for any Loss and/or damage caused by malicious software contracted arising out of the use and/or access to the Website.
- STYLECLA reserves all of its rights to:-
- correct any errors and/or omissions in relation to the Website when and as necessary without notice to the Customer;
- restrict and/or prevent access to the Website or any part of the Website to perform maintenance and other functions when and as necessary without notice to the Customer;
- discontinue providing the Service through the Website at any time without notice to the Customer;
- limit the provision of the Service to any one person, entity or organisation within a given period of time at any time without notice; and/or
- limit, suspend temporarily or indefinitely, access to the Website and/or the Service and/or alter or amend or any Content uploaded by the Customer without notice if the Customer has breached the terms of this Agreement as determined by STYLECLA.
- Obligations of the Parties When using the Service
- STYLECLA will:
- supply the Service; and
- comply with all relevant State and Federal legislation and law in relation to the supply.
- The Customer will:
- If required, create an account on the Website and not disclose account details including passwords and answers to security questions to any other person;
- only one account per natural person may be created or operate at any one time; and
- any corporation or other commercial entity operating multiple businesses or enterprises, must create an account for each such business and/or enterprise.
- respond to any reasonable request from STYLECLA to provide assistance and/or information or Content within the timeframe allocated by STYLECLA to allow STYLECLA to affect any obligation owed under or in accordance with this Agreement;
- provide accurate and truthful information in order to allow STYLECLA to affect its obligations owed under or in accordance with this Agreement;
- provide to STYLECLA updated information as and when necessary to allow STYLECLA to affect its obligations owed under or in accordance with this Agreement;
- read and abide by all instructions, notices and warnings provided by STYLECLA and/or third parties before and whilst using the Service or the Website; and
- not use the Service or the Website or cause or allow anyone else to use the Service or the Website:
- for any unlawful purpose;
- to breach any third party right;
- in contravention of any generally accepted community standard;
- to transmit any offensive, defamatory, inappropriate, deceptive, misleading or knowingly incorrect material;
- to transmit any promotional, marketing or advertising or like material without the express written consent of STYLECLA; and/or
- to transmit any virus, malicious software or application and/or any cyber threat or defect that violates the security of the Website and/or access to the Website by STYLECLA, its affiliates and/or other Customers.
- The Customer expressly acknowledges that they have read and accept any agreement or terms of service or use of any third party engaged or used to supply the Service or enable the running of the Website.
- The Customer expressly acknowledges that they use the Service at their sole risk.
- Payment
- Payment of the Provider Fee is to be made via the Website using the methods available at the time of purchase of the Provider Service.
- Payment is taken to have occurred on the date that the payment amount is accessible to STYLECLA.
- GST
- The Customer will pay to STYLECLA an amount equal to any GST which STYLECLA is or becomes liable to pay for any supply made under or in connection with this Agreement.
- Any amount payable under clause 5(a) will be paid at the same time as payment for the supply giving rise to the obligation to pay GST, or if no amount is payable for the supply, or if a valid Tax Invoice has not been given to the other party prior to that time, within seven (7) days of the issue of a valid Tax Invoice by STYLECLA to the Customer.
- In this clause, “GST” and “Tax Invoice” have the meaning set out in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Termination of the Service by the Customer
- The Customer may at any time terminate their use of the Service without providing written notice to STYLECLA. The Customer may elect to retain their account (if an account has been created) for future use of the Services supplied by STYLECLA.
- Cancellation of the Provider Service by the Customer
- The Customer must contact the Provider directly in the event that the Customer wishes to cancel the Provider Service. For the avoidance of doubt, the refund of any Provider Fee paid by the Customer under or in accordance with this Agreement must be arranged with and processed by the Provider.
- To the extent permitted by law, STYLECLA is not liable to the Customer for any Loss and/or damage, whether direct or indirect, or any delay incurred by the Customer resulting from any refusal and/or delay of the Provider to refund any amount paid by the Customer under or in accordance with this Agreement.
- Intellectual Property
- STYLECLA is the owner of all Intellectual Property including copyright, trademarks and logos on the Website except as where attributed otherwise. Customers must not reproduce, distribute, transmit, communicate, sell, publish, alter, modify or create derivative work from any Content including Intellectual Property obtained from or derived from the Website without the express written permission of STYLECLA.
- In the event that the Customer submits, posts, transmits, publishes, distributes or otherwise makes available any Content or material on the Website containing Intellectual Property to which the Customer owns or otherwise retains some legal or Moral Right, the Customer grants to STYLECLA a non-exclusive, irrevocable, worldwide, royalty free, perpetual, transferrable licence to enable STYLECLA to provide the Service and otherwise affect any other obligation owed under or in accordance with this Agreement.
- The Customer warrants to STYLECLA that it has the right to grant the licence and is not infringing any legal or Moral Right of any third party by granting the licence to STYLECLA.
- Warranty applicable to the Service
- STYLECLA’s services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- To cancel your service contract with us; and
- To a refund for the unused portion, or to compensation for its reduced value.
- You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
- Except as provided in this Agreement, all express and implied warranties, guarantees and conditions under statute or general law as to description, quality, suitability or fitness of the Service for any purpose are expressly excluded to the extent permitted by law. Without limitation, STYLECLA will not be liable under any circumstances for:
- any special, indirect or consequential Loss, that is, Loss beyond a normal measure of Loss;
- any Loss of profits, anticipated or otherwise;
- any Loss in revenue, gain or benefit;
- any Loss of business opportunity;
- any Loss arising from failure of the Service;
- any damage, direct or indirect, to any real or personal property, arising from the use of the Service;
- any damage to business goodwill arising from the use of the Service; or
- any result produced by the Service that the Customer is dissatisfied with.
- The parties acknowledge and agree that if a court determines that the liability exclusions described in clauses 9(b)(i) to (viii) (inclusive) are invalid for any reason, that STYLECLA’s total liability for the circumstances described in clauses 9(b)(i) to (viii) (inclusive) will not exceed the reasonable cost of resupplying the Provider Service to the Customer.
- Indemnity and Liability
- The Customer must indemnify and keep STYLECLA indemnified from and against all Loss suffered or incurred directly and indirectly by STYLECLA in respect of any:
- loss of or damage to any real or personal property; or
- personal injury or death,
- that arises out of or as a consequence of the performance or non-performance of this Agreement by the Customer, except to the extent that such Loss is attributable to the gross negligence or wilful misconduct of STYLECLA.
- The Customer must indemnify and keep STYLECLA indemnified from and against all Loss arising out of or in connection with any act or omission of the Customer which gives rise to a liability of STYLECLA to a third party including but not limited to the Provider.
- The Customer acknowledges and accepts that STYLECLA’s total aggregate liability for all claims relating to this Agreement is limited to the cost of resupplying the Provider Service.
- STYLECLA accepts no liability for Loss and/or damage whatsoever suffered or incurred by the Customer, directly and indirectly, resulting from the Customer or anyone else’s use of the Service or the Provider Service.
- If a dispute arises between STYLECLA and the Customer under or in connection with this Agreement, the Service or otherwise, the parties must use their reasonable endeavours to resolve that dispute by negotiation or otherwise before commencing legal proceedings.
- The parties will be deemed to have used their reasonable endeavours to resolve a dispute if they have met to discuss the dispute and have failed to resolve it within thirty (30) days of that meeting.
- Nothing in this clause 11 will preclude either party form seeking an urgent interim interlocutory injunction in causes of genuine urgency.
- Governing Law
This Agreement is governed by the laws in force in Queensland and the parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts which may hear appeals from those courts in respect of any proceedings in connection with this Agreement.
- Entire Agreement
This Agreement embodies the entire understanding of the parties as to the Agreement and supersedes all prior agreements, understandings, arrangements and undertakings between the parties whether oral or in writing.
- Variation
No variation to this Agreement will be of any force or effect unless reduced to writing and signed by both parties.
- Severability
Each clause in this Agreement is severable from the others and if one or more is found to be unenforceable this will not affect the validity of the others or any of them.
- Waiver
The fact that either party does not, on a default by the other party or any authorised person in respect of any of the terms of this Agreement, exercise any rights or remedies to which it is entitled, will not be constricted or operate in any way as a waiver of any such rights or remedies.
- A party will not be responsible for a failure to comply with its obligations under this Agreement to the extent that failure is caused by a Force Majeure Event, provided that the party keeps the other closely informed in such circumstances and uses its reasonable endeavours to rectify the situation.
- Without limiting any other right to terminate under this Agreement, if a Force Majeure Event affects a party’s performance under this Agreement for more than thirty (30) consecutive days, the other party may immediately terminate this Agreement by written notice.
- Contact Us
STYLECLA can be contacted via our Website by visiting the Contact Us section of our Website.
- Interpretation
Unless the context otherwise requires or admits the following expressions shall have the following meanings respectively:
“Affiliates” means a person or entity who is controlling, controlled by or under common control by another person or entity. A person is an Affiliate of another person if the person acts, or could reasonably be expected to act, in accordance with the other person’s directions or wishes, or in contract with the other person, in relation to the affairs of the person’s business and includes any spouse, or relative by blood or adoption of that person or any relative’s spouse and their respective heirs, executors, administrators and assigns;
“Agreement” means the terms and conditions contained in this document;
“Australian Consumer Law” means the warranties and guarantees provided in the Competition and Consumer Act 2010 (Cth) as amended from time to time;
“Content” means all content on the Website;
“Customer” means the person accessing the Website and/or any person using the Service;
“Force Majeure Event” means any event beyond the control of the relevant party;
“Intellectual Property” means copyright, trademarks, patents, designs and any other like rights, including rights to registration of such rights and rights to protect Confidential Information, know how and trade secrets;
“Loss” means all liabilities, damages, remedies, losses, penalties, fines, costs, expenses (including reasonable legal fees and expenses), demands, claims and proceedings of any nature;
“Moral Right” has the meaning given under the Copyright Act 1968 (Cth) as amended from time to time and includes any similar rights existing in other countries;
“Personal Information” has the meaning given under section 6 of the Privacy Act 1988 (Cth) as amended from time to time;
“Provider” means the business and/or person engaged by the Customer via the Service to provide services to the Customer;
“Provider Fee” means the fee payable to the Provider via the Service and excludes any GST payable;
“Provider Service” means the service or services provided by the Provider and arranged through the Service.
“Service” means the service or services provided by STYLECLA on the Website;
“STYLECLA” means Dean Tal Karavani trading as STYLECLA (ABN 79 175 652 659);
“Third Party Application” means any application that is not controlled by STYLECLA or its Affiliates;
“Third Party Link” means any link or gateway that is not controlled by STYLECLA or its Affiliates;
“Third Party Website” means any website that is not controlled by STYLECLA or its Affiliates; and
“Website” means the website of STYLECLA being www.stylecla.com and/or any online platform used or operated by STYLECLA to supply the Service as amended from time to time.
