Welcome to The Styled by marie claire website ("the Site") which is owned, controlled and operated by Pacific Magazines Pty Limited (ABN 16 097 410 896) ("Pacific").
Your use of the Site
When you visit the Site, you will be able to receive styling advice from our stylists via live chat.
It’s up to you whether you accept the advice of our stylists, but based on that advice, you will also have the opportunity to purchase clothing and other products via the fashion portal linked to our Site ("Fashion Portal").
The Products offered for sale on the Fashion Portal are sold by third parties ("Supplier’s Products").
If you place an order for a Supplier’s Product, you are placing an order with the Supplier of the Supplier’s Product, and not Pacific. All terms regarding price, delivery and returns are between you and the Supplier, not Pacific.
When you place an order to purchase a Supplier’s Product via this Site, you are making an offer directly to the Supplier.
If a Supplier accepts your order for the purchase of a Supplier’s Product, t hen an agreement is formed between you and the Supplier and you have rights directly and only against the Supplier with respect to that purchase, and not us. We are not a party to that agreement.
If you have any questions relating to this Site you can send us a message via Contact Us.
When you use this Site, you acknowledge and agree that you may be invited by Pacific Magazines to participate in feedback surveys, online surveys and/ or focus groups.
Site Access & Use
All information, text, material, graphics, software and advertisements on the Site ("Content") are protected by Australian and international copyright and trademark laws.
Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by Pacific.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from the Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Pacific or unless it is specifically stated otherwise within the Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Site.
This means you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
The Site may also include materials owned by third parties and posted on the Site by virtue of a licence, grant or some other form of agreement between the third party and Pacific.
The Site contains links to other websites outside the Site (such as the Fashion Portal) for your information and convenience. Pacific makes no warranty or representation as to the functionality of these links, the security of those sites or the reliability or accuracy of the information contained on these sites. You access any such website entirely at your own risk and your purchase from any third party is entirely at your own risk. The Site may also link to other Pacific-owned websites where you may purchase goods from Pacific (such as subscriptions). Your purchase of those products on those sites is governed by terms on those sites.
Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may ONLY download and/or view the Content for your personal, non-commercial use.
When you use the live chat service on the Site, you must conduct yourself in a dignified and respectful manner towards our stylists. Any language, conduct or behaviour deemed inappropriate by our stylists will be reported to us and we may terminate your live chat session and/ or registration.
Pacific and its employees and agents will not be liable to you or any other person for any loss, injury or damage arising from or as a consequence of any act or omission by Pacific.
Under Schedule 2 of the Consumer and Competition Act 2010 (Cth) ("Australian Consumer Law") and other state based legislation, certain warranties and conditions ("Implied Terms") are implied into your contract with us. The operation of, and liability for breach of, the Implied Terms cannot be, and are not in this contract, excluded and can only be limited in certain circumstances. Except for the Implied Terms, we and Supplier (as applicable) exclude to the fullest extent permitted by law all terms implied by statute, at law, in fact or otherwise.
You understand and agree that Pacific has no warranty obligations or other liabilities to you under this contract.
We exclude to the fullest extent permitted by law all liability for any liabilities, losses, damages, costs or expenses (whether arising in contract, tort (including negligence) or under any other cause of action) suffered or incurred by any person in connection with this contract or an act or omission of our or any of our personnel in connection with this contract except for liability for breach of the Implied Terms which cannot be excluded by law (which may be limited to the extent permitted by the Australian Consumer Law).
In addition, our liability for breach of a condition or warranty implied into this contract is limited: in the case of goods, to any one of the following as determined by us (to the extent such liability is with respect to Our Product(s)) or Supplier (to the extent such liability is with respect to Supplier’s Product(s) (as applicable):
- the replacement of the goods or the supply of equivalent goods; or
- the repair of the goods; or
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired;
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
While Pacific does its best to ensure the optimal performance of the Site, you agree that you use the Site and rely on material contained in the Site at your own risk.
Subject to the Implied Terms:
- Pacific does not warrant that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Content is accurate, complete or reliable.
- You should make and rely on your own enquires before entering into any transaction on the basis of the Content of the Site.
- You acknowledge that Pacific, its parents and related parties together with their respective employees, agents, directors, officers and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction, damage or unauthorised access to your computer system or Site.
- You acknowledge that Pacific is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Site, including such conduct or material transmitted by any means by any other person.
- You expressly acknowledge and agree that Pacific does not exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behaviour including any information, advice, defamatory statements or offensive conduct.
Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our or their negligence.
To the extent permissible by law, Pacific will not be liable under these Terms for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
To the extent permissible by law, Pacific’s maximum aggregate liability under these Terms whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. However, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you about this.
You agree to indemnify and hold Pacific harmless from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ charges on an indemnity basis), including but not limited to claims against Supplier or Pacific alleging negligence, copyright infringement and/or trademark infringement, relating to or arising out of your breach of this agreement with you (as contained in these Terms).
These Terms are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals form those courts.
Copyright 2015 Pacific Magazines Pty Limited