TERMS & CONDITIONS
Please read our terms & conditions carefully as by accessing this website and ordering any products from thefashionwok.com you consent to the Terms and Conditions set out in the document below based on which you may use our Website and Social Media.
1. ACCEPTANCE OF WEBSITE AND SOCIAL MEDIA TERMS AND CONDITIONS
1.1 You accept and consent to the Website and Social Media Terms and Conditions and the Returns Policy in full by using our Website and Social Media.
1.2 You must not use our Website and Social Media if you do not accept the Website and Social Media Terms and Conditions
2. ACCEPTABLE USE
2.1 We grant you a non-exclusive, non-transferable, revocable, limited licence to:
(a) view and use information accessible from the Website and Social Media; and
(b) purchase goods or services from the Website.
2.2 You must not:
(a) cause damage or interfere with accessibility to the Website and Social Media;
(b) use it in connection with illegal, fraudulent or harmful purposes or activities;
(c) store, transmit or distribute Malicious Computer Program; or
(d) conduct any systematic or automated data collection activities.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 We own or are licensed to use our intellectual property in the Website and Social Media.
3.2 You may only view and download Content on the Website for caching purposes and print a single copy of Content for personal use.
3.3 You must not:
(a) republish any Content from this Website and Social Media;
(b) present any Content in public;
(c) reproduce or exploit any Content on this Website and Social Media for commercial purpose;
(d) edit or otherwise modify any Content on the Website and Social Media; or
(e) redistribute any Content from this Website and Social Media unless we expressly permitted redistribution.
4. POSTING POLICY
4.1 You may upload Posts on the Website and Social Media subject to this clause.
INTELLECTUAL PROPERTY RIGHTS
4.2 You grant us a non-exclusive, transferable, sub-licensable, royalty-free, world-wide licence to use any Intellectual Property in Posts, including rights to:
(a) copy, reformat, edit or translate;
(b) publicly perform or present;
(c) distribute for any purpose including for commercial or advertising purpose; and
(d) incorporate in our Website and Social Media or any other works.
4.3 IP Licence in relation to that material ends when you delete that Post but you understand that even if you delete Posts, we may still keep back-ups for a reasonable period of time.
4.4 You must not upload any Post that:
(a) is unlawful or promotes illegal behaviour;
(b) is harmful, threatening, abusive or harassing;
(c) incites violence or is graphical of violence;
(d) is pornographic or exploits people in a sexual manner;
(e) is defamatory or libellous;
(f) relates to gambling;
(g) relates to alcohol;
(h) promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour;
(i) is false, misleading or fraudulent;
(j) consists of any Malicious Computer Program;
(k) impersonates any person or entity or falsely misrepresent your affiliation with a person or entity;
(l) violates or encourages violation of these terms and conditions;
(m) infringes or violates another’s rights including copyrights or intellectual property rights;
(n) invades another’s privacy;
(o) includes photograph or image of another person or another person’s property without their consent;
(p) reveals anyone’s identification documents or sensitive financial information;
(q) is posted to disrupt the operation of the Website and Social Media and its related services; and
(r) advertises any company or their goods or services other than us.
YOUR WARRANTY IN POST
4.5 By uploading Posts on our Website and Social Media, you warrant that:
(a) you have the right and authority to provide the Post in the manner it is posted;
(b) you own the Post and have the right to assign copyright ownership and other Intellectual Property to us; and
(c) the Content is not prohibited content under clause 4.4.
MONITORING OF WEBSITE AND SOCIAL MEDIA
4.6 We have not reviewed and cannot review all Posts and we are not responsible for liability arising out of your Post.
4.7 We may, at our sole discretion, pre-screen, reject or remove any Post you provide for any reason.
5. THIRD PARTY WEBSITES AND MATERIALS
5.1 In this clause:
(a) Third Party Material means material from a Third Party Website which are linked or framed to and from a Third Party Website.
(b) Third Party Website means a website operated by a third party.
5.2 We do not verify, endorse or approve Third Party Material.
5.3 We provide no warranty or representation about Third Party Material:
(a) regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available from Third Party Website; or
(b) as to whether they infringe any intellectual property rights.
5.4 We are not responsible for:
(a) any offers, statements or representations that are made on behalf of a Third Party Website; or
(b) Malicious Computer Program from Third Party Websites.
5.5 We may receive payments from a Third Party Website in relation to goods or services supplied by them as a result of you linking to the Third Party Website from our Website and Social Media.
6. NO WARRANTY
6.1 The Website and Social Media is provided ‘as is’ and we do not provide any express or implied representation or warranty and disclaims all responsibility as to:
(a) the availability of the Website and Social Media and its associated services at the time you wish to use it;
(b) merchantability, fitness for a particular purpose and non-infringement;
(c) accuracy or validity of information and Content on the Website and Social Media; and
(d) whether Content is free from Malicious Computer Program.
6.2 No Content on the Website and Social Media constitutes advice of any kind and you should consult with an appropriate professional for professional advice.
7. LIMITATION OF LIABILITY
7.1 In this clause, a Covered Party means:
(a) us, our affiliates, and any officer, director, employee, sub-contractor, agent, body corporate or successor; and
(b) each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent, body corporate or successor.
7.2 To the maximum extent permitted by law, a Covered Party is not liable for liability arising out of or related to:
(a) content provided to you for free-of-charge;
(b) inaccuracy, errors or omissions with content;
(c) unavailability or interruption of usage of the Website and its services;
(d) any delay or failure in performance beyond the reasonable control of a covered party; and
(e) loss of data.
7.3 To the fullest extent permitted under the law, a Covered Party is not responsible for any indirect, special or consequential liability to a user (including legal fees) arising out of or from content or use of the Website and Social Media.
7.4 Exclusion of liability in clause 7.2 applies even if you expressly advise a Covered Party of the potential loss.
7.5 To the extent we cannot exclude liability and to the fullest extent permitted under the law, a Covered Party’s aggregate liability for negligence, breach of contract or under any legislation is limited, at our discretion, to:
(a) in case of goods, any one or more of the following:
(i) replacement of the goods or supply of equivalent goods;
(ii) repair of the goods;
(iii) payment of costs of replacing the goods or acquiring equivalent goods; or
(iv) payment of costs of repairing goods; and
(b) in case of services:
(i) supply of the services again; or
(ii) payment of the cost of supplying the services again.
(c) in case of any other damages, $100.00.
7.6 Nothing in this agreement will exclude or limit our liability in respect of any:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation on the part of us; or
(c) matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
8.1 You agree to indemnify us and undertake to keep us indemnified against any Liability (including legal fees) arising out of:
(a) your breach of these Website and Social Media Terms and Conditions; and
(b) any Claim that you have breached these Website and Social Media Terms and Conditions.
9. COOKIES POLICY
9.1 You agree that:
(a) we may store cookies on your device; and
(b) we may issue and request cookies from your device to collect both personal and non-personal information.
9.2 You may disable cookies on your browser if you do not agree to the Cookies Policy.
9.3 You agree that we may use, including but not limited to, following types of cookies:
(a) authentication cookies;
(b) session cookies;
(c) persistent cookies; and
(d) flash cookies.
(a) improve the performance by reporting any errors that occur;
(b) provide statistics about how the Website and Social Media is used;
(c) remember settings that you use for our Website and Social Media;
(d) identify and show that you are logged into the Website and Social Media;
(e) link to social networks like Facebook and Twitter;
(f) provide more suitable ads tailored to you.
10. BREACH OF TERMS AND CONDITIONS
10.1 If you breach any of these terms and conditions we may take appropriate actions including but not limited to:
(a) issuing a warning notice;
(b) suspending your access to the Website and Social Media;
(c) prohibiting your access to the Website and Social Media; or
(d) bringing court proceedings against you.
11.1 Website and Social Media Terms and Conditions terminate automatically if we cease to operate the Website and Social Media.
12. GOVERNING LAW
These terms and conditions are governed by the laws in force in Victoria and the Commonwealth of Australia.
13.1 We may make changes to the Website and Social Media and these terms and conditions at any time without notice.
14. WHOLE AGREEMENT
14.1 This Agreement embodies the whole Agreement between the Parties relating to the subject matter of this Agreement and supersedes all previous agreements in respect of your usage of our Website and Social Media.
16.1 If all of any part of any provision of this Agreement is invalid or unenforceable, then:
(a) that provision is severed from this Agreement to the extent necessary to remove the invalidity or illegality; and
(b) the remaining provision of this Agreement remains valid and enforceable.
17. SURVIVAL OF CERTAIN TERMS
17.1 The terms of this Agreement which are capable of having effect after this Agreement ends continue to have full effect, including clauses in relation to:
(a) protection of intellectual property;
(b) post-agreement restraints; and
(c) guarantees, warranties, indemnities and limitation of liability.
18.1 In this Agreement, unless the contrary intention appears:
(a) a reference to this Agreement or any instrument includes any variation or replacement of any of them;
(b) a reference to a person includes a body corporate, joint venture, association, government body, firm and any other entity;
(c) a reference to legislation includes any amendments to it, any legislation substituted for it, and any subordinate legislation made under it;
(d) the singular includes the plural and vice versa;
(e) words of one gender include any gender;
(f) headings do not affect the interpretation of this Agreement;
(g) reference to a Party includes that Party’s personal representatives, successors and permitted assigns;
(h) reference to a thing (including a right) includes a part of that thing;
(i) if a Party comprises two or more persons:
(i) reference to a Party means each of the persons individually and any two or more of them jointly;
(ii) a promise by that Party binds each of them individually and all of them jointly;
(iii) a right given to that Party is given to each of them individually; and
(iv) a representative, warranty or undertaking by that Party is made by each of them individually;
(j) a provision must not be construed against a Party only because that Party prepared it;
(k) a provision must be read down to the extent necessary to be valid and if it cannot be read down to that extent, it must be severed;
(l) if a thing is to be done on a day which is not a Business Day, it must be done on the Business Day before that day;
(m) another grammatical form of a defined expression has a corresponding meaning;
(n) the word “include” is used without any limitation;
(o) the rights, duties and remedies in this Agreement operate to the extent that they are not excluded by law; and
(p) examples are descriptive only and not exhaustive.
21. BLOG- TERMS & CONDITIONS
The Fashion Wok welcomes comments from users of its products, and on its blog. Any comments, feedback, notes, suggestions, thoughts, ideas, or other commentary or communications (Comments) posted or sent to the website shall be and will remain the exclusive property of The Fashion Wok. Submission of any Comments to the Website shall be deemed an assignment to The Fashion Wok of all intellectual property rights, titles and interest in and to such Comments. The Fashion Wok shall have all rights to use, reproduce, publish, distribute and otherwise disclose such Comments for any purpose without restriction without providing any compensation to you. In the event that you do not wish for The Fashion Wok to use any of your comments, please do not submit such comments to The Fashion Wok. The Fashion Wok reserves the rights to delete any Comments in its absolute discretion.
22.TERMS OF SALE
By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card. Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Our business model is the first person to make payment will buy the item. We allow multiple people to hold an item in their cart but, be aware that if someone else pays for it then it will no longer be available to buy.
23. PRODUCT DISPLAY
Although we have made every effort to display accuracy as possible for the colors of displayed goods on our website, however, we cannot guarantee perfect match in the color of the product image provided on our website to the color of the actual physical product. Color may or may not vary from the image shown on our website due to device monitor resolution or picture tube variations which are out of our control.
24. PRODUCT SIZING
As The Fashion Wok showcases different brands which can range from casual to handcrafted couture we have given the measurements (in centimeters) for each individual product on the detailed product page. These measurements should be taken into consideration before placing your order.
25. PRODUCT SHIPPED DIRECTLY FROM OUR PARTNERS
Some products will be shipped directly from our designers' studio and their shipping times may vary. We will always let you know on the 'Product Page' and at the 'Checkout' if that is the case and for which product this is applicable to. Please note this will be applicable to both Australian & International deliveries.
26. PAYMENT OPTIONS
All goods remain the property of The Fashion Wok until paid for in full. Payments for items purchased on this website can be made using our accepted payment options like Debit or Credit Card (Visa, Master, American Express) and Paypal.
All purchases on our website are made in Australian Dollars (AUD). There is an option provided to display other Currencies on our website however it is for reference purposes and should only be used as a guide. The actual conversion will be made by your bank at checkout & is subject to their exchange rate and as exchange rates vary over time for an exact price we recommend you to contact your financial institution before purchase.
28.1 The following words have these meanings unless the contrary intention appears:
(a) Agreement means the Website and Social Media Terms and Conditions as amended from time to time.
(b) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(c) Claim means any claim, suit, action, demand, or right.
(d) Content means any material on the Website and Social Media as amended from time to time including but not limited to text, document, image, logo, photo, audio material, video material and audio-visual material.
(e) Liability means responsibility for any loss (either direct or indirect), damage, injury, or expense.
(f) Malicious Computer Program includes programs that contain viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information.
(g) Party means a party to this terms and conditions.
(h) Parties mean all parties to this terms and conditions.
(i) Post or Posts includes comments, images, photos, writings or any other material that you upload on our Website and Social Media.
(j) Social Media includes but is not limited to our Facebook, Instagram and Twitter sites.
Website means www.thefashionwok.com
(k) Website and Social Media Terms and Conditions means the terms and conditions set out in this document.
(l) We, Us, Our or Ourselves refers to The Fashion Wok and our related body corporates.
(m) You, Your or Yours refers to a user of this Website and Social Media.