|
Our value customer, please ensure that you read the Terms and Conditions carefully prior to ordering any of the products offered in this website. If you require any assistance or clarifications about our Terms and Conditions, please do not hesitate to contact us via e-mail: customerservice@feelingsexy.com.au
Terms and Conditions
1.1. www.feelingsexy.com.au is owned and operated by Feeling Sexy, ABN 62 344 689. By using or accessing this website you agree to be legally bound by these terms and conditions. Feeling Sexy reserves the rights to change the terms and conditions at any time without notice and all changes will take effect immediately on posting of the modifications of terms and conditions. It is your responsibility to regularly check for current terms and conditions.
2.1. Feeling Sexy is not responsible for any loss or indirect loss related to business, business profit, goodwill that may result from the use of this website.
2.2. These terms and conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties. They shall be governed by Australian law and the parties hereby agree to submit themselves to the exclusive jurisdiction of Australian Courts.
2.3. If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.
3.1. The governing law shall be the law of the state of Victoria and the parties submit to the jurisdiction of that state.
4.1. Feeling Sexy may modify, suspend, discontinue or expand the extent of the services provided on this web site at any time without notice in its absolute discretion.
5.1. Feeling Sexy presents information based on research. Feeling Sexy does not guarantee the accuracy of the information presented on this website.
6.1. Feeling Sexy reserves the rights to refuse or to withdraw your order at any time for certain reasons including but not limited due to product availability, an error in the price of the product description posted on this website, an error in your order or other reasons. Your contract will come into existence when you have fully paid for your order and Feeling Sexy advised you that it has accepted your order and your receipt has been confirmed.
7.1. If for any reasons you suddenly change your mind, you can always cancel your order as long as the order cancellation is made before 2.00 pm Canberra, Melbourne, Sydney Time (GMT +10:00) on the next business day after confirmation of the order. No cost will be incurred.
8.1 If for any reasons you suddenly change your mind, you can always cancel your order as long as the order cancellation is made before 2.00 pm Canberra, Melbourne, Sydney Time (GMT +10:00) on the next business day after confirmation of the order. No cost will be incurred.
9. Pricing
9.1. All prices quoted in this website are in Australian dollars (AUD) and are fully inclusive of government taxes (GST).
10. Payment
10.1. Feeling Sexy accepts most major credit cards such as Visa and MasterCard, via our secure online ordering system. This is the quickest and most reliable way to pay for your order. Credit card is charged when the order is placed and sent out within 1 to 2 business days unless the item is out of stock, in which case you will be notified.
10.2. The merchant name that will appear on your credit card statement is “PAYPAL *FEELINGSEXY xxxxxxxxxx AUS”
11. Delivery
11.1. Delivery times given on this website are for indicative only, actual delivery times may vary depending on the destination.
11.2. If however, delivery has not taken effect after 14 days from the indicative delivery date the customer may treat the failure to deliver as terminating contractual event.
11.3. Please make sure you supply correct shipping address to avoid unnecessary delay in delivery and possible resending. We do not accept liability for delay in the event that there is no one to receive the order at the delivery address. Customer will be liable for any additional resending costs.
11.4. Since we need recipient’s signature at the time of delivery, we can not deliver to Post Office boxes (PO Box).
12. Overseas Shipping
12.1. Feeling Sexy does ship overseas. Please contact Feeling Sexy to check whether your country is covered and arrange an international delivery solution.
13. Loss or Damage in Transit
13.1. Feeling Sexy is not responsible to the buyer or any person claiming through the buyer for any loss or damage to products caused by any event of any kind by any person, whether or not Feeling Sexy is legally responsible for the person who caused or contributed to that loss.
14. Returns
14.1. You should review the Feeling Sexy returns policy of information concerning returns of purchase. You agree to be bound by the terms of the returns policy and Feeling Sexy’s liability is limited as expressed in that policy and these Terms and Conditions.
15. Exclusion of Negligence
15.1. Feeling Sexy is not liable to the buyer in contract or in tort arising out of, or in connection with, or relating to:
- The performance of the product;
- Any fact, matter or thing relating to the product; or
- Any error in information supplied to the buyer at or after the date of the purchaser’s use of the product.
16. Advertising, Hyperlinks and Offers
16.1. The site may have third party advertisements, referral buttons and other pointers to websites operated by third parties. Feeling Sexy has no control over these sites and is therefore not responsible for any materials and contents linked to our website. Feeling Sexy does not endorse any of these sites or their advertising and is not responsible for any goods you purchase from them.
17. Links to Third Party Websites
17.1. Feeling Sexy contains links to third party websites. Feeling Sexy has no control over these sites and is therefore not responsible in any way for any materials and contents of any linked site. The links are provided for convenience and do not imply any endorsement of the linked site. You should use them at your own risk.
18. Comments, feedback and Submissions
18.1. Feeling Sexy welcomes your feedback regarding this web site, as well as its products and services. Any information, concepts, ideas, comments, materials, suggestions or comments sent to Feeling Sexy will not be treated as confidential information and by submitting such information you are granting Feeling Sexy an unrestricted license to use, display, modify, reproduce, transmit and distribute such information for any purpose whatsoever. Unless required by law, Feeling Sexy will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
19. Copyright
19.1. All copyrights, trademarks and other intellectual property rights contained in this website are reserved to Feeling Sexy. The materials and contents on this website are the property of Feeling Sexy and protected by copyright law. Any unauthorized use of materials on this web site without expressed permission by Feeling Sexy is prohibited.
19.2. All trademarks, product names and company names related to the products appearing on this website are the property of their respective owners.
20. Indemnity
20.1. The user of this web site shall at all times keep the owners and proprietors, employees and sub-contractors, of this web site indemnified from and against all claims, demands, actions, proceedings or prosecutions which may be brought, commenced or prosecuted against the owners and proprietors, employees and sub-contractors, or in which the owners and proprietors, employees and sub-contractors, may be involved in consequence of or relating to the manufacture, production, provision or supply of the goods by the user. This indemnity will extend to all costs, damages and expenses incurred by the owners and proprietors, employees and sub-contractors in connection herewith.
21. Infringement
21.1. In the event the owners and proprietors of this web site learn of any infringement or threatened of any of the intellectual property rights under this agreement or any common law passing- off by reason of imitation of get-up or otherwise, the owners and proprietors of this site shall have the right, at the licensee’s expense to institute and prosecute such an action in the company’s name.
22. Termination
22.1. Your ability to purchase products and services from this website may be terminated at any time without notice. All restrictions, licenses granted by you and all disclaimers and limitations of liability by Feeling Sexy will survive the termination.
22.2. Should you object to any of these terms and conditions, including any subsequent amendments, you must immediately discontinue use of this web site.
23. Disclaimer
23.1. Feeling Sexy provides this website on an ‘as is’ and ‘as available’ basis and makes no representations of any kind for the operation of the web site, as well as for all information, products, materials and services as associated. To the extent of permissible law, we disclaim all warranties and representations.
23.2. Feeling Sexy does not warrant that any information available on the Feeling Sexy web site is accurate, current or complete.
23.3. Feeling Sexy is not liable in any way for any damages arising from the use of this site. This limitation of liability applies to damages of any kind, including direct, indirect and incidental, loss of income, profit, data, property and claims by third parties.
23.4. Any material downloaded or otherwise obtained through the use of the website 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 or any such material.
24. Rights to Use Information You Send Us
24.1. 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.
25. Currency
25.1. All transactions are in Australian dollars (AUD).
26. Earning Points
26.1. Each member will earn points in relative to the number of Australian Dollars spent on products purchased from www.feelingsexy.com.au
26.2. Member may earn up to a maximum of 1,000,000 points per calendar year and will forfeit any points earned in excess of that number in any calendar year.
26.3. The number of points and bonus points to be earned will be determined by Feeling Sexy in its absolute discretion.
27. Transfer of Reward Points
27.1. In the event a Member terminates or cancels their Feeling Sexy account and, within 3 months of such termination or cancellation, the Member opens a new account, any accrued points and Bonus Points will be retained by the Member.
27.2. Members who transfer their membership in this manner may continue to earn points provided they do not exceed the limit described in clause 26.2 that applies to the account to which their membership is now linked, irrespective of the number of points already earned in that calendar year.
27.3. When a Member obtains a refund or reimbursement for charges previously incurred (for example, for returned goods or services) a ‘credit’ is issued to the Member’s bank account in the amount of the reimbursement granted. Such credits to a Member’s bank account including, but not limited to, those arising from returned goods or services, will reduce the points accrued to the Member’s account.
27.4. Points and Bonus Points accrued in the Program are not redeemable for cash and have no monetary value.
27.5. Each month, the FeelingSexy will update a Member’s points and Referral Bonus Points accrued, based on transactions for the previous period. FeelingSexy calculation of points earned per calendar year in accordance with clause 26.2 will be based on these monthly updates of transactions for the previous period.
28. Claiming Awards
28.1. In the FeelingSexy’s sole discretion a Member’s account must not be in arrears suspension or default to obtain an Award.
28.2. Feeling Sexy may change the awards any time without notice.
29. Account Status
29.1. Feeling Sexy reserves the rights to close an inactive account. By here, an inactive account means account that has not been accessed for 1 year.
30. Resolution of disputes
30.1. Any alleged discrepancy in relation to the balance of points shown on your Feeling Sexy account must be notified in writing by a member to Feeling Sexy Awards Centre awards@feelingsexy.com.au within 3 months of the issue of the balance of points.
30.2. All questions regarding eligibility of points for accrual or redemption which arise in connection with a Member’s participation in the Program will be resolved by FeelingSexy in its sole discretion.
Glossary
What Is a Patent?
A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office. The term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. US patent grants are effective only within the US, US territories, and US possessions.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.
What Is a Trademark or Servicemark?
A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office. The registration procedure for trademarks and general information concerning trademarks is described in a separate pamphlet entitled "Basic Facts about Trademarks".
What Is a Copyright?
Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.
The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.
|