Pixie Pearls Website Terms & Conditions
Thank you for visiting the Pixie Pearls website ("Pixie Pearls" or "Site"). Please review the following Terms and Conditions ("Terms", "Terms and Conditions",”Terms of use”) carefully before using the http://www.pixiepearls.com.au website (the "Service") operated by Pixie Pearls ("us", "we", or "our"). Your Use of our Site constitutes your agreement to follow and be bound by the Terms of Use. If you do not agree to be bound by these terms and conditions, you may not use this website. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these terms. These Terms and Conditions govern the website operated and provided by Pixie Pearls (ABN 97845466791) (Pixie Pearls).
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Last updated: 28th August 2019
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Click on the following links to go directly to the corresponding sections of the terms & conditions:
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Site Contents, Intellectual Property, Copyright and trademarks
Unless otherwise noted, all materials and design of the Site, the Site as a whole and all materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Pixie Pearls. The contents include images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials, and are protected by Australian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Pixie Pearls and is also protected by Australian and international copyright laws.
Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website without our prior written consent.
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Changes and termination to Terms and Conditions
We reserve the right to alter and change these terms and conditions occasionally. Changes to the terms and conditions will be effective immediately upon publication on this website. Your continued use of the website following such publication will represent an agreement by you to be bound by the terms and conditions as amended. It is your responsibility to be aware of these terms and conditions as they may be altered.
Pixie Pearls may, without notice, terminate or suspend this website or any part of the website at any time. Our disclaimer will nevertheless survive any such termination.
Disclaimer, Limitation of Liability and Indemnity
This website and its content are provided ‘as is’ and except to the extent required by law, without any warranties of any kind, whether expressed or implied, including but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose and non- infringement, to the fullest extent permitted by law. The information on the website is for general information purposes only and does not constitute as advice.
Although Pixie Pearls endeavors to provide accurate information, we do not represent or warrant that the information and/or facilities contained in the website are accurate, complete or current, or that the website will be uninterrupted or error free, or that any defects in the website will be corrected or that the website or the server that makes this website available are free of viruses or any other harmful components. Except to the extent required by law, we do not make any warranties or representations regarding the use of the materials in the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability.
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Your use of the website is at your own risk. Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. Otherwise, neither we, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, or other damages that result from the use of, or the inability to use, the materials on the website, including damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products, even if we have been advised of the possibility of any such damages.
Pixie Pearls is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site or any materials on the site, or with any of Pixie Pearl’s terms of use, your sole and exclusive remedy to discontinue using the site.
You agree to indemnify, defend and hold harmless Pixie Pearls, its officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting or arising out of your breach of any of these terms of use.
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User Comments, Feedback and other Submissions
We welcome your comments and feedback regarding our Site, our products and our services. However, all comments, feedback, suggestions, or other submissions disclosed, submitted or offered to Pixie Pearls on or by this Site (collectively, the "Comments") shall be and remain Pixie Pearl's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Pixie Pearls of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Pixie Pearls will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
Pixie Pearls will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Pixie Pearls is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) nor will there be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Merchandise Availability
Merchandise availability on our website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by emailing Pixie Pearls at team@pixiepearls.com.au. You will receive a shipping confirmation e-mail once your items have shipped.
Product Information
The prices displayed on the Site are quoted in Australian dollars, unless otherwise indicated.
Please note that while we have tried to accurately display the colors of our products that appear on the Site, the actual colors you see will depend on your monitor and we cannot guarantee that your monitor's display of any color will be accurate.
Content Posted to Pixie Pearl's Social Media Assets
Pixie Pearls uses a variety of third-party social media websites, communication services and media channels such as Facebook, Twitter and Instagram (collectively, "Social Media Assets") to communicate and interact with our customers. By posting or submitting content to these Social Media Assets, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such content.
To the extent submitted content contains images, you represent and warrant that: (a) you are the copyright owner or have obtained the copyright owner's permission to use such images; (b) you hold the rights necessary to grant the licenses and sub-licenses described in these Terms and Conditions; (c) you have obtained the consent of each person, if any, depicted in such images.
Links to Other Websites and Services
This website may contain links to other websites. Pixie Pearls does not warrant approve of or accept any liability or responsibility for any such websites. Access to these websites is at your own risk.
Governing Law
The laws of the State of New South Wales, Australia govern these Terms and Conditions and any agreement formed under them. You and Pixie Pearls irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia.
Privacy Policy
We undertake to comply with the terms of our privacy policy here, which is provided on this website. By using this website, you acknowledge that you have read our privacy policy.
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Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
Contact Us
If you have any questions about these Terms, please email us at team@pixiepearls.com.au.
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