Website Terms of Use

This site is controlled, operated and owned by Caroline von Bibra (ABN: 97 179 223 145). (here known as the business).

 

Please read these Terms of Use and Privacy Statement carefully before using this website. By using the website you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this website. The business and its affiliated and related entities reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates. You should read the full text of these Terms of Use and visit this page periodically to review the Terms of Use, because they are binding on you.

 

RESTRICTIONS ON USE, TRADEMARKS AND COPYRIGHTS

Material on this site, including, but not limited to images, illustrations, audio clips and video clips, may be protected by copyright which is owned and controlled by the business or by other parties that have licensed their material to the business. Unless granted permission by the business, material from the site or any website owned, operated, licensed or controlled by the business may not be used for non-personal or commercial purposes and may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials including, but not limited to, removal of copyright, trademark or other notice of proprietary rights, or use of the materials for any other purpose is a violation of this Terms of Use Agreement, as well as laws protecting copyrights and other proprietary rights. For purposes of this Terms of Use agreement, unless granted permission by the business, the use of any such material on any other computer-related environment is prohibited.

 

ADVERTISERS AND ON-LINE SHOPPING

Your relations and dealings with, or participation in promotions of, advertisers and vendors located on or contacted through the site, including the payment for and delivery of goods and services and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the relevant vendor or advertiser. You agree that the business shall not be responsible or liable, either directly or indirectly, for any loss or damage caused or alleged to be caused by or in relation to any such dealings or as the result of the presence of such advertisers on the site.

 

LINKED SITES

This website may contain links to websites operated by third parties (“Linked sites”). The Linked sites are provided for your convenience or on a paid advertising basis only and are not an endorsement by the business of the content of such linked sites. The business makes no representation regarding, and is not responsible for, the content or accuracy of the materials on such Linked sites. If you decide to access any Linked sites, you do so at your own risk. You further acknowledge and agree that the business shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked sites.

NAMED COMPANIES/BUSINESSES

This website may name retailers and companies/businesses operated by third parties (“Named Companies”). The Named Companies/businesses are provided for your convenience or on a paid advertising basis only and are not an endorsement by the business of the content of such company/business. The business makes no representation regarding, and is not responsible for, the content or accuracy of the materials or goods being sold by the Named Companies/businesses. If you decide to deal with any of the Companies or Businesses mentioned on this site, you do so at your own risk. You further acknowledge and agree that the business shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available from these Named Companies/Businesses.

 

LISTED PRICES

This website may list prices (“Listed Prices”) of goods sold by third parties. The “Listed Prices” are provided for your convenience and are not an endorsement by the business. The business makes no representation regarding, and is not responsible for, the “Listed Prices”. These prices are only correct at the time the photo was taken and the business takes no responsibility for any price changes. If you decide to deal with any of the Companies or Businesses mentioned on this site, you do so at your own risk. You further acknowledge and agree that the business shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available from these Named Companies/Businesses.

 

 

DISCLAIMER

This site and the materials associated with the site are provided on an “as is” basis without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, the business disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement of third parties’ rights. The business does not warrant that the site will operate error-free or uninterrupted, that defects will be corrected, or that this site and/or its server will be free of viruses and/or other harmful components. The business does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, and or links associated with this site. If your use of this website or the materials services, text, graphics, and or links associated with these site results in the need for servicing or replacing equipment or data. The business is not responsible for those costs.

The material associated with this site is provided solely for entertainment and promotional purposes. The information and opinions expressed comments sections or other forums conducted on this site (“Comments”) are not necessarily those of the business or its content providers, advertisers or sponsors and the business makes no representations or warranties regarding that information or those opinions.

LIMITATION OF LIABILITY

In no event shall the business or its content providers be responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage, injury, claim, liability or other cause whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting, directly or indirectly, from lost data or business interruption) resulting from the use or inability to use this site and/or the material associated with the site, or resulting from any information or opinions provided on this site and/or the material associated with the site, whether based on warranty, contract, tort or any other legal theory, and whether or not the business is advised of the possibility of such damages.

NEWSLETTER SUBSRIBERS AND MEMBERSHIP

It is the business right to remove any person/s or company who has registered for the FashionGC newsletter without notice. SECURE ONLINE TRANSACTIONS & REFUND POLICY

By posing and agreeing to have your photograph taken, you agree to appear on this website. Only photos of people over the age of 18 will by published onto this site. By posing for a photograph you agree that you are over the age of 18 years old.  All photographs put up on the site are done so with the personal verbal agreement of the person who’s appears in the photograph. If you do not wish to have your photograph on this site, please ask us to remove it and it will be taken off the site.

SUBMISSIONS

Any communication or other material submitted or posted to the website will be considered non-confidential and by posting or otherwise submitting any communication or other material, you automatically grant the company a royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or material alone or as a part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licences. The business is not responsible for any material posted on our Comments.

Photographs are put onto the site for fashion purposes only. Only comments relating to fashion will be allowed on the site. All Comments can be removed at the discretion of the business without any notice.

You shall not:

(a) use the Site in breach of any applicable laws or regulations;

(b) use the Site (or information obtained from the Site) to:

– transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;

– impersonate any person or entity;

– solicit money, passwords or personal information from any person; or

– harm, abuse, harass, stalk, threaten or otherwise offend others;

(c) use the Site to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

– is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;

– contains, promotes, or provides information about unlawful activities or conduct;

– is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

– exploits another person in any manner;

– contains nudity, excessive violence, or sexual acts or references;

– includes an image or personal information of another person or persons unless you have that person’s or those persons’ consent;

– poses or creates a privacy or security risk to any person;

– you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

– large amounts of untargeted, unwanted or repetitive content;

– contains restricted or password only access pages, or hidden content;

– contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;

– advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or

– contains financial, legal, medical or other professional advice;

(d) interfere with, disrupt, or create an undue burden on the Site;

(e) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Site;

(f) use the Site with the assistance of any automated scripting tool or software;

(g) “frame” or “mirror” any part of the Site without our prior written authorisation;

(h) use code or other devices containing any reference to the Site to direct other persons to any other web page;

(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or cause any other person to do so; or

(j) delete any attributions or legal or proprietary notices on the Site.

(k)Post any sexually explicit image;

(l)Impersonate another person or entity;

(m)Post any content which defames, invades privacy, or is obscene, pornographic, abusive, harassing, hateful, or threatening.

 

By uploading, transmitting, posting or otherwise making available any Material via the Site, you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form or on any medium and for any purpose;

(b) also grant each user of the Site a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material for any purpose subject to the Conditions;

(c) warrant that you have the right to grant the abovementioned licences;

(d) warrant that the Material does not breach the Conditions; and

(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

 

We reserve the right (but have no obligation) to:

– review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and

– monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.

 

1. HOW AND WHY WE COLLECT PERSONAL INFORMATION

FashionGC needs to collect personal information in order to conduct its business. FashionGC collects personal information from visitors if you access www.fashiongc.com.au, if you enter a competition, or to give us feedback. We collect this information for verification purposes. Advertisers: If you or your company purchases advertising time from FashionGC, we will collect your business contact details. We need this personal information in order to provide you or your company with our services, and to provide you with information about our services and future promotions. Unless you tell us otherwise, we will use personal information about you to market our services to you or your company. Business contacts: Sometimes, FashionGC needs to collect personal information from people we do business with. This will usually happen when we collect the name and business contact details of a person who is the contact in an advertising agency, or one of our advertisers, or a government agency or company we deal with, or in one of our contractors or suppliers. Our policy is only to use personal information collected from our business contacts for the business purpose for which it was collected, and not for any other purpose. Our policy is only to use personal information collected from our business contacts or the users of its website for the business purpose for which it was collected, and not for any other purpose. We do not collect personal information that we do not need.

2. WILL YOUR PERSONAL INFORMATION BE GIVEN TO ANYONE ELSE?

We will not sell, rent or trade personal information about you to or with others. Personal information collected by us may be disclosed to third parties to whom we outsource specialised functions (such as mailing houses or printing companies), and if so, we take steps to ensure that those contractors: comply with the NPPs when they handle personal information about you (regardless of whether they are a small business, and would otherwise be exempt from the NPPs); and are authorised only to use personal information in order to provide the services or to perform the functions required by us. The only other time we would make disclosures of personal information is if we are required to do so by law, or if the disclosure is permitted under the Privacy Act.

3. HOW IS YOUR PERSONAL INFORMATION STORED?

FashionGC.com.au takes steps to ensure that the personal information it holds is secure from unauthorised access, destruction, use, modification or disclosure. We only permit your details to be accessed by authorised personnel.

4. YOUR RIGHT OF ACCESS AND CORRECTION

Under the Privacy Act, you have the right to seek access to information which we hold about you (although there are some exceptions to this). You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date. If you wish to exercise your right under the Privacy Act to seek access to the personal information that the FashionGC holds about you, or if you believe that personal information about you is not accurate, complete or up to date, you should contact us (details below), including the details of your request for correction (if applicable). Contact details can be found at the end of this Privacy Policy. Please note that the personal information we hold about you will be information that you have provided us. We will assume (unless you tell us otherwise) that your request relates to our current records about you. To provide you with access to “current” personal information, we would ordinarily provide you with a print-out of the relevant personal information from our databases, or with photocopies of records which are held only on paper files. We may charge you for the cost of providing this type of access, but this will depend on the scope of your request. For legal and administrative reasons, we may also store records containing personal information in our archives.

5. ONLINE COLLECTION OF PERSONAL AND NON-PERSONAL INFORMATION

As noted above, our websites may collect personal information (eg if our visitors email us) No personal is stored on our server, unless authorised by the sender. If authorised, the only information stored is first and last name, email address, state and country.

6. ADDITIONAL PRIVACY INFORMATION & HOW TO CONTACT US

We may change this Privacy Policy at any time. We will make this Privacy Policy available to anyone who requests it, either at our offices or through our websites. For further information about privacy issues, see the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au. If you feel that FashionGC is not complying with this Privacy Policy, or if you have other privacy concerns, please contact us(using the following contact details): by email to fashion@fashiongc.com.au.

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