Our Terms and Conditions
Effective Date: 7th September 2021
These terms and conditions (hereinafter "Terms") govern Your use of the following
website (which is hereinafter referred to as "the Product"):
The Product is owned and operated by: Glow Maternity Clothing
These Terms constitute a binding contract between You and: Glow Maternity
Clothing
In connection with Your use of the Product, we may also provide You with access to
various other content, documentation, materials, information, goods or services. In
these Terms, we refer to all of these items collectively as "the Items".
These Terms will govern Your use of all pages of the Product, as well as Your use of
the Items.
If You continue to use the Product, You acknowledge that You have been given the
chance to review the Terms. You acknowledge that You understand the Terms and
that You agree to be bound by the Terms.
If You do not understand the Terms, if You do not agree to be bound by the Terms,
or if You need more time to review and consider the Terms, then You must stop
using the Product immediately.
1. DEFINITIONS
"Australian Consumer Law" means the Australian Consumer Law which is contained
in the Competition and Consumer Act 2010 (Commonwealth).
"Company IP" includes, but is not limited to, the contents, layout, design, colours,
appearance, graphics and imagery of the Product, Content and Materials as well as
all copyrights, trademarks, trade secrets, patents and other intellectual property
contained in the Product, Content and Materials.
"Content" means any content, writing, images, audiovisual content or other
information published on the Product.
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"Contract" means these terms and conditions.
"Dispute" means any dispute, controversy or claim arising out of or in relation to
these Terms, including any dispute, controversy or claim relating to the existence,
validity or termination of these Terms.
"Effective Date" means the date that these Terms come into force.
"Goods" means any or all goods provided by or on the Product.
"Identifying Information" means information provided by You when registering to use
the Items, including but not limited to Your name and email address, a user name
and a password.
"Items" means any and all of the Product, Goods, Content and Materials collectively.
"Materials" means any materials, information or documentation that We may provide
to You in connection with Your use of the Goods or Product including documentation,
data, information developed by Us or owned by Us, and other materials which may
assist in Your use of Goods or Product.
"Parties" means both You (the user of the Product) and Us (the owner of the Product)
collectively.
"Product" means the website including all pages, all sub pages, all blogs, all forums,
all other connected pages and all other connected internet content whatsoever, the
home page or main page of which is located at: www.glowmaternityclothing.com
"Terms" means these terms and conditions.
"Third Party Links" means links or references to websites or applications other than
the Product, to content other than the Content or to materials other than the
Materials, none of which are controlled by Us.
"Us", "We", "Our" or "the Owner" refers to Glow Maternity Clothing
"Us", "We", "Our" or "the Owner" also includes any employees, affiliates, agents or
other representatives of Glow Maternity Clothing
"You" or "Your" refers to the user of the Product.
"Your Content" means any Content posted to or added to the Product, Content or
Materials by You or by somebody authorised by You or doing so on Your behalf.
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2. INTERPRETATION
a. In these Terms, unless the context otherwise requires, the following rules of
interpretation shall apply:
I. Words referring to one gender include every other gender.
II. Words referring to a singular number include the plural, and words
referring to a plural include the singular.
III. Words referring to a person or persons includes companies, firms,
corporations, organisations and vice versa.
IV. Any obligation on a Party not to do something includes an obligation not
to allow that thing to be done.
3. YOUR AGREEMENT AND REPRESENTATIONS
a. By continuing to use the Product and the Items You warrant and acknowledge
that You have had the chance to review and consider the Terms, that You
understand the Terms and that You agree to be bound by the Terms. If You do
not understand the Terms or do not agree to be bound by them then you must
stop using the Items immediately. We only agree to provide use of the Items to
You if You agree to these Terms.
b. By continuing to use the Product and the Items You represent and warrant to
Us that You have legal capacity to enter these Terms.
c. By continuing to use the Product and the Items You represent and warrant to
Us that You have complied with all of these Terms.
4. LICENCE TO USE PRODUCT, CONTENT AND MATERIALS
a. We may provide You with certain other Items in connection with Your use of
the Product.
b. Subject to these Terms, We grant You a licence to use the Product, Content
and Materials solely in connection with Your use of the Items. The licence
created under these Terms is non-exclusive, limited, non-transferable, worldwide
and revocable.
c. You may not use the Product, Content or Materials for any purpose other than
in accordance with the licence that is provided under this clause, and this licence
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to use the Product, Content and Materials terminates upon Your cessation of use
of the Items or upon termination of this Contract.
5. SALE OF GOODS/SERVICES
a. We may sell Goods or may allow third parties to sell Goods on the Product. If
this occurs, then some specific exclusions of liability will apply, as described in
the "Exclusion of Liability" clause.
b. Please refer to Our additional terms and conditions for sale of goods as
applicable.
6. EXCLUSION OF LIABILITY
a. The Product, Content and Materials are provided for general information only
and may change at any time without prior notice.
b. You accept and acknowledge that the Items may contain mistakes, errors and
inaccuracies.
c Your use of the Product, Content and Materials is entirely at Your risk. It is
Your responsibility to make sure that any Goods, Services, Materials, Content or
other information available through the Product suits Your particular purpose.
d. Neither We, nor any third parties, provide any guarantees or warranties
regarding the accuracy, completeness, performance, reliability, timeliness,
quality, merchantability, safety, legality or suitability for a particular purpose of
the Items.
e. To the maximum extent permitted by law, We hereby expressly exclude all
warranties, guarantees, representations or terms (whether express or implied)
except for those expressly set out in these Terms.
f. To the maximum extent permitted by law, We hereby expressly exclude any
liability in relation to the accuracy, completeness, performance, reliability,
timeliness, quality, merchantability, safety, legality or suitability for a particular
purpose of the Items.
g. To the maximum extent permitted by law, We hereby expressly exclude any
liability in relation to loss of data, interruption to Your business or any damages
which are incidental to or arise from such loss of data or interruption to business.
h. To the maximum extent permitted by law, We will not be liable for any
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damage, loss, cost or expense including legal costs and expenses, whether
direct or indirect, incurred by You in connection with Your use of the Items.
i. for Goods and/or Services sold by third parties via the Product or via Third
Party Links (hereinafter "Third Party Goods and Services"):
I. You acknowledge and agree that We have no control over those Third
Party Goods and Services and that You purchase such Third Party Goods
and Services at Your own risk.
II. You acknowledge and agree that We assume no liability and provide no
warranties or guarantees regarding the accuracy, completeness,
performance, reliability, timeliness, quality, merchantability, safety, legality or
suitability for a particular purpose of Third Party Goods and Services.
III. For any claim You may have against the third party provider of the Third
Party Goods and Services (such as the manufacturer or vendor) You agree
to pursue that claim directly with that third party provider of the Third Party
Goods and Services and not with Us.
IV. To the maximum extent permitted by law, You hereby release Us from
any claim related to Third Party Goods and Services including any and all
warranty and product liability claims.
7. DELIVERY
a. We may arrange delivery of Physical Goods by courier or by Australia Post.
We process deliveries promptly upon receipt of full payment.
b. Delivery of physical Goods within Australia may take: Between 4 to 15
Business days
c. Any digital Goods are delivered immediately. You acknowledge and accept
that there are inherent risks with downloading any digital Goods. Please contact
Us using the details at the end of these Terms if You experience technical
problems regarding delivery of digital Goods.
d. We take no responsibility for Goods that are lost or damaged during delivery.
e. We may choose in Our sole discretion whether or not to replace Goods which
are lost or damaged during delivery.
f. Any disputes regarding physical Goods which are lost or damaged during
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delivery should be directly taken up with the relevant courier company or with
Australia Post as applicable.
8. RETURNS/REFUNDS/REPAIRS
a. We handle returns, refunds and repairs in accordance with Our obligations
under the Australian Consumer Law.
b. If You are seeking a return, refund or repair, You may contact Us using the
details at the end of these Terms. In order for your request to be handled
promptly, please provide full details about Your valid reason for return, refund or
repair.
9. INDEMNITY
You hereby indemnify Us (which, for the sake of clarity, also includes any of Our
employees, affiliates, agents or other representatives) and You agree to defend
Us and to hold Us harmless in relation to any and all claims, suits, demands,
actions, liabilities, costs and expenses (including legal costs and expenses on a
full indemnity basis) which may arise from or relate to Your use or misuse of the
Items. You agree that We may select Our own legal representation and may
participate in Our own legal proceedings if We choose.
10. TERMINATION
a. We may immediately terminate these Terms at any time, with or without
cause.
b. We specifically reserve the right to terminate these Terms if You breach these
Terms in any way.
c. These Terms terminate automatically if we cease to operate the Product for
any reason.
d. If You have registered for an account with Us, You may terminate these Terms
at any time by contacting Us and requesting termination.
e. At the termination of these Terms, any provisions which would by their nature
be expected to survive termination shall remain in full force and effect, including
but not limited to Our exclusions of liability as outlined in the "Exclusions of
Liability" clause.
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11. OTHER ACTION
a. We reserve the right to take any of the following actions in Our sole discretion:
I. Monitor, review, edit or delete any Content which You have added,
uploaded or posted to the Product or through the other Items, whether or not
You have breached these Terms.
II. Record any correspondence that occurs in public sections of the Product.
III. Review any allegations about breaches of these Terms, and determine in
Our sole discretion whether to take any action in response to those alleged
breaches, including removal of any Content in relation to those alleged
breaches.
IV. Determine in Our sole discretion whether to terminate Your or another
Product user's access to any particular section or sections of the Product or
other Items.
12. ACCEPTABLE USE
a. You agree not to use the Product or the Items for any unlawful purpose or any
purpose prohibited under this clause. You agree not to use the Product or the
Items in any way that could damage the Product, the Items, or Our general
business.
b. You further agree not to use the Product or the Items:
I. to harass, abuse, or threaten any other person or to otherwise violate any
other person's legal rights;
II. to violate any intellectual property rights of Us or of any third party;
III. to upload or otherwise disseminate any computer viruses or other
software that may damage the property of another;
IV. to commit any kind of fraud;
V. to engage in or create any unlawful gambling, sweepstakes or pyramid
schemes;
VI. to publish or distribute any obscene or defamatory material;
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VII. to publish or distribute any material that incites violence, hatred or
discrimination towards any person, group or community;
VIII. to unlawfully gather information about others.
c. Unauthorised use by You of the Items may be a criminal offence and may give
rise to a claim for damages.
13. VARIATION OF TERMS
a. You hereby acknowledge and agree that these Terms may be varied or
amended from time to time in Our sole discretion. If You continue to use the
Product following any such variation or amendment You will be deemed to have
confirmed and agreed to the new Terms as varied or amended.
b. You agree to routinely monitor these Terms and to refer to the Effective Date
posted at the top of these Terms in order to monitor any modifications or
variations. You further agree to clear Your cache when doing so in order to avoid
accessing a prior version of these Terms.
c. In the event that You fail to monitor any modifications to or variations of these
Terms, You agree that such failure shall be considered an affirmative waiver of
Your right to review the modified or varied Terms.
14. THIRD PARTY LINKS
a. You hereby acknowledge that We may from time to time include links or
references to other websites, other content or other materials (hereinafter "Third
Party Links"), none of which are controlled by Us.
b. You hereby acknowledge that these Third Party Links are provided for Your
information only and that We do not make any representations, warranties or
guarantees as to the accuracy, completeness, performance, reliability,
timeliness, quality or suitability for a particular purpose of these Third Party Links.
We do not endorse, approve or support these Third Party Links. You use the
Third Party Links at Your own risk.
15. CHANGES TO PRODUCT
a. You acknowledge and agree that We may, in Our sole discretion, vary, alter,
amend, change or update the Content, Materials or the Product at any time.
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b. You acknowledge, agree and accept that the Product may be unavailable from
time to time (whether it is unavailable due to maintenance or for any other
reason).
c. You acknowledge, agree and accept that We take no responsibility for, and to
the maximum extent permitted by law we shall not be liable in any way for the
Items being temporarily unavailable, whether due to reasons within our control or
not.
16. INTELLECTUAL PROPERTY
a. The Items contain intellectual property that is owned by Us and/or that is
licensed to Us. This includes, but is not limited to, the contents, layout, design,
colours, appearance, graphics and imagery of the Product, Content, Materials
and Goods as well as all copyrights, trademarks, trade secrets, patents and other
intellectual property contained in the Items (hereinafter "Company IP").
b. You hereby acknowledge and agree that, as between Us and You, We own all
intellectual property rights in the Items and that nothing in these Terms amounts
to a transfer of any intellectual property rights from Us to You.
c. You hereby acknowledge and agree not to use the Company IP for any
unlawful or infringing purpose.
d. You hereby acknowledge and agree not to reproduce or distribute the
Company IP in any way, including electronically or via registration of any new
trademarks, trade names, service marks or Uniform Resource Locators (URLs)
without express written permission from Us.
e. You hereby acknowledge and agree that by adding, posting or uploading any
Content on the Product (hereinafter "Your Content"), you grant Us a worldwide,
irrevocable, perpetual, non-exclusive, royalty-free and transferrable right and
licence to use Your Content in any way We choose. This licence includes a right
and licence to:
I. reproduce, copy, alter or make derivate works from Your Content in any
way We choose; and
II. display, communicate to the public, broadcast or transmit Your Content in
any way We choose; and
III. authorise any other person, company or organisation to use Your Content
in any way We choose.
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f. You represent and warrant to Us that You have all necessary rights to grant the
licences and to provide the consents set out in this clause in relation to
"Intellectual property".
g. All of the provisions of this clause in relation to "Intellectual property" shall
survive any termination of these Terms.
17. USER REGISTRATION
a. You may be asked to register with Us in order to use or access the Items.
b. If You register with Us, You may be asked to provide personal details such as
Your name and email address, as well as choosing a user name and a password
("Identifying Information"). This Identifying Information will allow You to access
the Items.
c. You acknowledge that You are responsible for ensuring the accuracy of any
Identifying Information You provide as part of the registration process.
d. You agree that You will not share your Identifying Information with any third
party and if You discover that Your Identifying Information has been
compromised, You agree to notify Us immediately in writing.
e. You acknowledge that You are responsible for maintaining the safety and
security of Your Identifying Information as well as keeping Us informed of any
changes to Your Identifying Information.
f. You acknowledge that providing false or misleading information, or using the
Items to further fraud or unlawful activity is grounds for immediate termination of
these Terms.
18. PRIVACY
a. Through Your use of the Product or other Items, You may provide Us with
some of Your personal information. By using the Product or Items, You authorise
Us to use Your information in Australia and any other country where We operate.
b. We take Our privacy obligations very seriously.
c. Please refer to Our privacy policy for further information about what
information We collect, how We use it and store it, and Your rights in relation to
it.
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19. REVERSE ENGINEERING AND SECURITY
You agree not to:
a. reverse engineer, or attempt to reverse engineer or disassemble any code
or software from or on the Items; and
b. violate the security of the Items through any unauthorised access,
circumvention of encryption or other security tools, data mining or
interference with any host, user or network.
20. SPAM POLICY
You are prohibited from using the Items for the purpose of gathering email
addresses and/or personal information from people, companies or other
organisations and/or for sending bulk emails or unsolicited emails.
21. GENERAL PROVISIONS
a. Australian Consumer Law: You may have certain rights, warranties,
guarantees and remedies under the Australian Consumer Law, which is
contained in the Competition and Consumer Act 2010 (Cth), and these rights,
warranties, guarantees and remedies may not be restricted, modified or excluded
by Us. Our liability to you is governed solely by these Terms and the Australian
Consumer Law.
b. Applicable law: Your use of the Product and the Items is subject to the laws
of the Australian Capital Territory, Australia and each party submits to the
jurisdiction of the courts of the Australian Capital Territory, Australia.
c. Written communication: In relation to any correspondence or notification
which is required under these Terms to be provided in writing from one party to
the other party:
I. such notice is properly given if given to the other party:
A. by email to an email address that the other party has nominated,
acknowledged or used in connection with the use of the Product or other
Items.
B. by facsimile to a facsimile address which the other party has
nominated, acknowledged or used in connection with the use of the
Product or other Items.
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C. by post to a postal address the other party has nominated,
acknowledged or used in connection with the use of the Product or other
Items.
II. such notice is taken to be received:
A. if sent by email, when the email becomes capable of being retrieved
by the recipient at the relevant email address.
B. if sent by facsimile, at the time shown of correct and complete
transmission to the recipient's facsimile number by the sending machine.
C. if sent by prepaid post within Australia, five (5) days after the date of
posting.
D. if sent by prepaid post to or from an address outside Australia, twenty
one (21) days after the date of posting.
d. No assignment: You must not assign, sub-licence or otherwise deal in any
way with your rights under these Terms without Our prior written consent.
e. Severability: If any clause or sub-clause of these Terms is held to be invalid
or unenforceable, it is to be read down or severed such that the remaining
clauses and sub-clauses will be enforced to the maximum extent possible. In
such circumstances, the remainder of these Terms shall continue in full force and
effect.
f. No waiver: In the event that We fail to enforce any provision of these Terms,
this shall not constitute a waiver of any future enforcement of that provision or of
any other provision. Waiver of any clause or sub-clause of these Terms will not
constitute a waiver of any other clause or sub-clause.
g. Headings for convenience only: Headings of clauses and sub-clauses under
these Terms are for convenience only. Headings shall not affect the meaning of
any provision of these Terms.
h. Parties must take all reasonable steps: Each party must, at its own
expense, take all reasonable steps and do all that is reasonably necessary to
give full effect to these Terms and the events contemplated by them.
i. Separate agreements: You may have other legal agreements with Us. Those
other legal agreements are separate from and are in addition to these Terms.
These Terms do not alter, amend, revise or replace the terms of any other legal
agreements You may have with Us.
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22. CONTACT US
You can contact us about these Terms using the following details:
E. glowmaternityclothing.com
P: 0401912725