| Please read these terms carefully before using or accessing this site. By
using or accessing the site, you agree to be bound by these terms. Chic & Cheek may
amend these terms at any time and all amendments will take effect immediately on
posting of the amended terms. You should also refer to the privacy policy for users.
AGREEMENT BETWEEN USER AND CHIC & CHEEK
Chic & Cheek Web Site is offered to you and conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
Your use of Chic & Cheek Web Site constitutes your agreement to all such terms, conditions,
and notices.
Chic & Cheek reserve its right to cancel or reject any members' membership
or orders, quotes given by Chic & Cheek will only be valid for 7 days unless otherwise
specified.
MODIFICATION OF THESE TERMS OF USE
Chic & Cheek reserves the right to change the terms, conditions, and notices under
which Chic & Cheek Web Site is offered. You are responsible for
regularly reviewing these terms and conditions and additional terms posted on Chic
& Cheek Web Site. Your continued use of Chic & Cheek Web Site constitutes your agreement
to all such terms, conditions, and notices.
MODIFY SERVICES
Chic & Cheek may modify, suspend, discontinue or expand the extent of the services
provided on this site at any time in its absolute discretion.
INFORMATION ON THIS SITE
Chic & Cheek Web Site presents information provided by our suppliers. We make no
representations as to the accuracy of the information presented at or via the Web
Site.
You agree that you must evaluate, and bear all risks associated with, the use
of all information at the Web Site, including any reliance on the accuracy, completeness,
or usefulness of it. By using the Web Site you agree that Chic & Cheek and any of
its subsidiary or related or affiliated companies or any of their employees or agents
are not responsible for:
a) the accuracy or otherwise of the information displayed
or omitted from the Web Site; b) any person’s reliance on the information presented
on the Web Site; c) any loss in connection with the use of the Web Site.
*Chic & Cheek
retains its right to reject, and/or cancel any orders and provide full refunds at
Chic & Cheek’s discretion.
PROPRIETARY RIGHTS
You acknowledge and agree that:
a) the Web Site and any necessary software used in
connection with the Web Site contain proprietary and confidential information that
is protected by applicable intellectual property and other laws; b) The Content contained
in sponsor advertisements or information presented to you via the Web Site or third
parties such as advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws.
Except as expressly authorised by Chic
& Cheek or the relevant third parties, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Web Site, in whole or in
part.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a) your use of the Site is at your sole risk.
b) the Site is provided on an “as is?and “as available?basis.
Chic & Cheek expressly
disclaims all warranties of any kind, whether express or implied, including without
limitation all implied warranties of merchantability, fitness for a particular purpose
and non-infringement.
Chic & Cheek makes no warranty that:
a) the Site will meet your
requirements; b) the Site will be uninterrupted, timely, secure, or error-free; c)
the results that may be obtained from the use of the Web Site will be accurate or
reliable; d) the quality of any products, services, information, or other material
purchased or obtained by you through the Web Site will meet your expectations; and
e) any errors in the Web Site will be corrected.
Any material downloaded or otherwise
obtained through the use of the Web Site is done at your own discretion and risk
and that you will be solely responsible for any damage to your computer system or
loss of data that results from the download of any such material. No advice or information,
whether oral or written, obtained by you from Chic & Cheek or through or from the
Web Site shall create any warranty not expressly stated.
If under any law any terms,
conditions or warranties which apply to the supply of goods or services through the
Site cannot legally be excluded, restricted or modified then those terms, conditions
and warranties apply to the extent required by that law. Except as expressly stated
in the terms of use, conditions and warranties that would otherwise be implied are
excluded.
LIMITATION OF LIABILITY
You understand and agree that Chic & Cheek, its related corporations and the employees
and agents of each is not liable for any damages, economic or other loss or damage
whether direct, indirect, incidental, special, consequential or exemplary and even
if Chic & Cheek has been advised of the possibility of such damages, arising out
of any breach of any implied or express term, condition or warranty or suffered as
a result of the negligence of any of them (including without limitation loss of profits,
goodwill, use, data or other intangible losses) or in respect of:
a) the use of, or
the inability to use the Web Site; b) the cost of procurement of substitute goods
and services resulting from any goods, data, information or services purchased or
obtained or messages received or transactions entered into via or from the Web Site;
c) unauthorised access to or alteration of your transmissions or data; d) statements
or conduct of any third party on the Site; or e) any other matter relating to the
Site or products ordered through the Site.
To the extent permitted by law Chic & Cheek
liability for any breach of a condition or warranty which must be implied into the
terms of use by the Trade Practices Act 1974 (Cth) is limited to:
in the case of
goods supplied by Chic & Cheek to any one of the following at our option: a) the
replacement of the goods or the supply of equivalent goods; b) the repair of the
goods; c) the payment of the cost of replacing the goods or of acquiring equivalent
goods; d) the payment of the cost of having the goods repaired; and
in the case of
services supplied by Chic & Cheek to any one of the following at our option: e) the
supplying of the services again; f) the payment of the cost of having the services
supplied again.
TRADE MARK INFORMATION
The Chic & Cheek name and trade marks, including the distinctive slogans and logos,
that appear at the Web Site are trade marks of Chic & Cheek or other third parties
(the Trade Marks). You agree not to display or use or link to the Trade Marks in
any manner without prior permission from Chic & Cheek or the relevant third party
owner.
LINKS TO THIRD PARTY SITES OR SERVICES This site contains links to sites of
third parties. Those sites are not under the control of Chic & Cheek and Chic & Cheek
is not responsible in any way for the contents of any linked site. The links are
provided for your convenience only and the existence of the link does not imply any
endorsement of the linked site by Chic & Cheek Any link by you to a third party’s
site is done at your own risk.
Chic & Cheek is not responsible for webcasting or any
other form of transmission received from any linked site. advertising on this site
and Chic & Cheek does not recommend or endorse any products or services offered by
its advertisers. You must check with the advertiser for information about products
or services offered.
Chic & Cheek does not endorse any offers made by any third parties
and Chic & Cheek is not a party to the making of the offer. The third party advertiser
is solely responsible to you for the offer and for any goods and services you purchase
from them.
INDEMNITY
Chic & Cheek relies on you observing these terms at all times. You agree to indemnify
and hold Chic & Cheek and its officers and employees harmless from any claims of
any nature whatsoever (including legal costs) by any third party arising out of or
in connection with your use of this site. The indemnity is this clause extends to
and covers your breach of these terms.
RIGHTS TO USE INFORMATION YOU SEND US
If you send any information to us whether by email or in any other form, then we
have the right to reproduce, distribute, transmit, create derivative works of or
publicly display any materials or other information that you submit. This right extends
to any ideas you might send us in regard to new or improved products or services.
NOTICES
Notices must be in writing and may be given by hand, ordinary prepaid post, facsimile
or email. A notice by us to you is taken to be duly given and received -
• if delivered by hand, when delivered;
• if delivered by prepaid ordinary post, on the second business day after posting;
and
• if delivered by facsimile, upon completion of transmission and receipt by the sender
of the appropriate transmission report; and
• if delivered by email, one business day after sending.
GENERAL
These terms are covered by the law in force in the State of Queensland and the parties
are to submit to the non-exclusive jurisdiction of the courts of Queensland.
If any
of these terms is held by any court to be invalid, the remaining terms will remain
in full force and effect. |