Terms & Conditions
1. WEBSITE TERMS AND CONDITIONS OF USE
1.1. This document sets out the terms and conditions (“Terms and Conditions”) of Clearstone Pty Ltd trading with ABN 86669580269 trading as The Box Fashion Int governing the access and use of the information, products, services and sale of products and in general, the use of and functions provided on https://theboxfashion.com.au (“Website”).
1.2. Your use of our Website is governed by these Terms of Use and our Privacy Policy.
1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your”, or “user”). By using the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.3. Should you, or any person that accesses the Website, disagree with any of the Terms and Conditions, you must refrain from accessing the Website and/or using our services.
1.4. The Box Fashion Int reserves the right, in its sole discretion, to amend and/or replace these Terms and Conditions from time to time. Such amendments shall supersede and replace any previous Terms and Conditions and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, you consent, by such access and/or use, to the Terms and Conditions, as amended and/or replaced by The Box Fashion Int from time to time. If you are not satisfied with the amended Terms and Conditions, you should refrain from using the Website.
1.5. If there is anything in these Terms and Conditions that you do not understand, please contact us as soon as possible at info@theboxfashion.com.au. Please note that communication may be monitored for training, security, and quality assurance purposes.
2. CONTENT OF THE WEBSITE
2.1. The Website contains several of our current and past seasonal accessory boxes and various other products and services aimed at offering to empower the everyday Australian woman. The Box Fashion Int is part of The Box Fashion Pty Ltd, founded and situated in South Africa.
2.3. The Box Fashion Int reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
2.4. The Box Fashion Int reserves the right to change and amend the products and details quoted on the Website from time to time without notice.
2.5. The Box Fashion Int may use the services of third parties to provide information on the Website. The Box Fashion Int has no control over this information and makes no representations or warranties of any nature as to its accuracy. The user agrees that such information is provided “as is” and that The Box Fashion Int and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
2.6. The Box Fashion Int makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
2.6.1. The Box Fashion Int does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality;
2.6.2. Whilst The Box Fashion Int has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads, or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
2.6.3. Whilst The Box Fashion Int has taken reasonable measures to ensure that the content of the Website is accurate and complete, The Box Fashion Int makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by The Box Fashion Int’s representatives, The Box Fashion Int shall not be bound thereby.
3. LINKED THIRD-PARTY WEBSITES AND THIRD-PARTY CONTENT
3.1. The Box Fashion Int may provide links to third-party websites on the Website. These links are provided to the user for convenience purposes only and The Box Fashion Int does not endorse such websites’ security practices and operations.
3.2. While The Box Fashion Int tries to provide links only to reputable websites or online partners, The Box Fashion Int cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of The Box Fashion Int. The Box Fashion Int is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
3.3. You agree that The Box Fashion Int shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third-party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third-party website.
4. USAGE RESTRICTIONS
The user hereby agrees that it shall not itself, nor through a third party:
4.1. copy, reproduce, translate, adapt, vary, modify, lease, license, sub-license, encumber or in any other way deal with any part of the Website for any reason and any manner unless it is consistent with the intent and purpose of these Terms and Conditions;
4.2. decompile, disassemble or reverse engineer any portion of the Website;
4.3. write and/or develop any derivative of the Website or any other software program based on the Website;
4.4. modify or enhance the Website. In the event of a user affecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of The Box Fashion Int;
4.5. remove any identification, trademark, copyright or other notices from the Website; and/or
4.6. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.
5. SECURITY
5.1. To ensure the security and reliable operation of the services to all The Box Fashion Int’s users, The Box Fashion Int hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
5.2. You may not utilise the Website in any manner which may compromise the security of The Box Fashion Int’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should The Box Fashion Int suffer any damage or loss, civil damages shall be claimed by The Box Fashion Int against the user.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. For the purpose of this clause, “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by The Box Fashion Int, now or in the future, including without limitation, The Box Fashion Int’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
6.2. All copyright and other intellectual property rights in all content, trademarks, software, data, and material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, The Box Fashion Int and as such are protected from infringement by local and international legislation and treaties.
6.3. By submitting reviews, comments and/or any other content (other than your personal information) to The Box Fashion Int for posting on the Website, you automatically grant The Box Fashion Int and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
6.4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
6.5. Except with The Box Fashion Int’s express written permission, no proprietary material from this Website may be copied or retransmitted.
6.6. Irrespective of the existence of copyright, the user acknowledges that The Box Fashion Int is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
6.7. The Box Fashion Int authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and information purposes only, and such content is used for non-commercial purposes.
7. RISK, LIMITATION OF LIABILITY AND INDEMNITY
7.1. The user’s use of this Website and the information contained on the Website is entirely at the user’s own risk, and the user assumes full responsibility and risk of loss resulting from the use thereof.
7.2. The transmission of information via the internet, including without limitation email, is susceptible to monitoring and interception. The user bears all risks of transmitting information in this manner. Under no circumstances shall The Box Fashion Int be liable for any loss, harm, or damage suffered by the user as a result thereof. The Box Fashion Int reserves the right to request independent verification of any information transmitted via email and the user consents to such verification should The Box Fashion Int deem it necessary.
7.3. To the extent permissible by law:
7.3.1. Neither The Box Fashion Int, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or of any linked website, even if The Box Fashion Int knows or should reasonably have known or is expressly advised thereof.
7.3.2. The liability of The Box Fashion Int for faulty execution of the Website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to The Box Fashion Int rectifying the malfunction, within a reasonable time and free of charge, provided that The Box Fashion Int is notified immediately of the damage or faulty execution of the Website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Website without the prior written approval of The Box Fashion Int. However, in no event shall The Box Fashion Int be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
7.3.3. You hereby unconditionally and irrevocably indemnify The Box Fashion Int and agree to hold The Box Fashion Int free from all loss, damages, claims and/or costs of whatsoever nature suffered or incurred by The Box Fashion Int or instituted against The Box Fashion Int as a direct or indirect result of:
7.3.3.1. your use of the Website and/or any linked third-party website;
7.3.3.2. software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of The Box Fashion Int;
7.3.3.3. your failure to comply with any of the terms or any other requirements which The Box Fashion Int may impose from time to time;
7.3.3.4. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
7.3.3.5. any unavailability of, or interruption in, the service which is beyond the control of The Box Fashion Int.
7.4. The Box Fashion Int makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. You expressly waive and renounce all your rights of whatever nature that you may have against The Box Fashion Int for any LOSS suffered by you as a result of information supplied by The Box Fashion Int being incorrect, incomplete or inaccurate.
8. THE BOX FASHION INT PRIVACY AND COOKIE POLICY
8.1. The Box Fashion Int takes your privacy seriously and is committed to protecting your personal information. In compliance with the Commonwealth Government’s Privacy Act and the Australian Privacy Principles, we take measures to protect the confidentiality of the data we possess. When you interact with our Website, we may collect and utilise specific information to provide you with relevant services and responses. We use the personal information that we collect from you in accordance with The Box Fashion Int Privacy Policy and Cookies Policy.
8.2. The Box Fashion Int respects your privacy and is committed to protect your privacy with a view to offer the best and most enriching experience to you. The processing of your personal information is done in accordance with our Privacy Policy and Cookies Policy.
8.3. You expressly consent to us collecting and processing your personal information when using this Website and using our services.
WHEN AND WHERE DO WE USE COOKIES?
8.4. This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third-party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser, you may not be able to use those features, and your access to our Website will therefore be limited.
9. JURISDICTION
9.1. The law applicable to our Website and to disputes arising out of our Website is the law of the state of Queensland, Australia. By using our Website you irrevocably submit to the jurisdiction of the courts of the state of Queensland, Australia and any courts which have jurisdiction to hear appeals from such courts.
10. ELECTRONIC COMMUNICATIONS
10.1. When you visit the Website or send emails to us, you consent to receive communications from us electronically in accordance with our Privacy Policy as set out in clause 8 above.
11. COMPLIANCE WITH LAWS
11.1. You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of and access to this Website.
12. COMPLAINTS
12.1. If you have a complaint regarding our management of your personal information, you may contact us at:
Email: info@theboxfashion.com.au
13. GENERAL CLAUSES
13.1. These Terms and Conditions shall be governed in all respects by the laws of Australia as such laws are applied to agreements entered into and to be performed within Australia.
13.2. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian.
13.3. The Box Fashion Int does not guarantee continuous, uninterrupted or secure access to our services, as the operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
13.4. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and Conditions and the remaining provisions shall be enforced to the full extent of the law.
13.5. The Box Fashion Int’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
13.6. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms and Conditions to any third party without the prior written consent of The Box Fashion Int.
13.7. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
13.8. The headnotes to the paragraphs to these Terms and Conditions are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
13.9. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
13.10. These Terms and Conditions set forth the entire understanding and agreement between The Box Fashion Int and you with respect to the subject matter hereof and no other warranty or undertaking is valid unless contained in this agreement.
Clearstone Pty Ltd trading as The Box Fashion Int
ABN 86669580269