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Terms and Conditions of Use
1. About the Website
1.1. Welcome to www.fashionfactories.com (the 'Website'). The Website provides
design, sourcing, development and manufacturing services (the 'Services').
1.2. The Website is operated by Fashion Factories Pty Ltd PTY. LTD. (ACN
637495231) . Access to and use of the Website, or any of its associated
Products or Services, is provided by Fashion Factories Pty Ltd. Please read
these terms and conditions (the 'Terms') carefully. By using, browsing and/or
reading the Website, this signifies that you have read, understood and agree to
be bound by the Terms. If you do not agree with the Terms, you must cease
usage of the Website, or any of Services, immediately.
1.3. Fashion Factories Pty Ltd reserves the right to review and change any of the
Terms by updating this page at its sole discretion. When Fashion Factories Pty
Ltd updates the Terms, it will use reasonable endeavours to provide you with
notice of updates to the Terms. Any changes to the Terms take immediate
effect from the date of their publication. Before you continue, we recommend
you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Fashion Factories Pty Ltd in the user interface.
3. Registration to use the Services
3.1. In order to access the Services, you must first register for an account through
the Website (the 'Account').
3.2. As part of the registration process, or as part of your continued use of the
Services, you may be required to provide personal information about yourself
(such as identification or contact details), including:
(a) Email address
(b) Mailing address
(c) Telephone number
3.3. You warrant that any information you give to Fashion Factories Pty Ltd in the
course of completing the registration process will always be accurate, correct
and up to date.
3.4. Once you have completed the registration process, you will be a registered
member of the Website ('Member') and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Fashion
Factories Pty Ltd; or
(b) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are
resident or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Fashion
Factories Pty Ltd of any unauthorised use of your password or email
address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of Fashion Factories
Pty Ltd providing the Services;
(e) you will not use the Services or the Website in connection with any
commercial endeavours except those that are specifically endorsed or
approved by the management of Fashion Factories Pty Ltd;
(f) you will not use the Services or Website for any illegal and/or unauthorised
use which includes collecting email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or unauthorised
framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Services. Appropriate legal action will be taken
by Fashion Factories Pty Ltd for any illegal or unauthorised use of the
(h) you acknowledge and agree that any automated use of the Website or its
Services is prohibited.
5.1. Where the option is given to you, you may make payment for the Services (the
' Services Fee') by way of:
(a) Electronic funds transfer(' EFT') into our nominated bank account
(b) Credit Card Payment ('Credit Card')
(c) PayPal ('PayPal')
5.2. All payments made in the course of your use of the Services are made using
Stripe. In using the Website, the Services or when making any payment in
relation to your use of the Services, you warrant that you have read,
understood and agree to be bound by the Stripe terms and conditions which
are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the
Services Fee is returned or denied, for whatever reason, by your financial
institution or is unpaid by you for any other reason, then you are liable for any
costs, including banking fees and charges, associated with the Services Fee.
5.4. You agree and acknowledge that Fashion Factories Pty Ltd can vary the
Services Fee at any time .
6. Refund Policy
Fashion Factories Pty Ltd will only provide you with a refund of the Services Fee in the
event they are unable to continue to provide the Services or if the manager of Fashion
Factories Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
7. Copyright and Intellectual Property
7.1. The Website, the Services and all of the related products of Fashion Factories
Pty Ltd are subject to copyright. The material on the Website is protected by
copyright under the laws of Australia and through international treaties. Unless
otherwise indicated, all rights (including copyright) in the Services and
compilation of the Website (including but not limited to text, graphics, logos,
button icons, video images, audio clips, Website, code, scripts, design
elements and interactive features) or the Services are owned or controlled for
these purposes, and are reserved by Fashion Factories Pty Ltd or its
7.2. All trademarks, service marks and trade names are owned, registered and/or
licensed by Fashion Factories Pty Ltd, who grants to you a worldwide, nonexclusive,
royalty-free, revocable license whilst you are a Member to:
Fashion Factories Pty Ltd does not grant you any other rights whatsoever in
relation to the Website or the Services. All other rights are expressly reserved
by Fashion Factories Pty Ltd.
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in
your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial
7.3. Fashion Factories Pty Ltd retains all rights, title and interest in and to the
Website and all related Services. Nothing you do on or in relation to the
Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design
or copyright (or an adaptation or modification of such a thing, system or
process), to you.
7.4. You may not, without the prior written permission of Fashion Factories Pty Ltd
and the permission of any other relevant rights owners: broadcast, republish,
up-load to a third party, transmit, post, distribute, show or play in public, adapt
or change in any way the Services or third party Services for any purpose,
unless otherwise provided by these Terms. This prohibition does not extend to
materials on the Website, which are freely available for re-use or are in the
8.1. Fashion Factories Pty Ltd takes your privacy seriously and any information
provided through your use of the Website and/or Services are subject to
9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(b) Fashion Factories Pty Ltd will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the Services or these Terms (including as a result
of not being able to use the Services or the late supply of the Services),
whether at common law, under contract, tort (including negligence), in
equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the
Website and the Services is provided to you "as is" and "as available" without
warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors and licensors of Fashion Factories Pty Ltd
make any express or implied representation or warranty about the Services or
any products or Services (including the products or Services of Fashion
Factories Pty Ltd) referred to on the Website, includes (but is not restricted to)
loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the
Services, or any of its Services related products (including third party
material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of
the products of Fashion Factories Pty Ltd; and
(d) the Services or operation in respect to links which are provided for your
10. Limitation of liability
10.1. Fashion Factories Pty Ltd's total liability arising out of or in connection with the
Services or these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed the
resupply of the Services to you.
10.2. You expressly understand and agree that Fashion Factories Pty Ltd, its
affiliates, employees, agents, contributors and licensors shall not be liable to
you for any direct, indirect, incidental, special consequential or exemplary
damages which may be incurred by you, however caused and under any
theory of liability. This shall include, but is not limited to, any loss of profit
(whether incurred directly or indirectly), any loss of goodwill or business
reputation and any other intangible loss.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Fashion
Factories Pty Ltd as set out below.
11.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Fashion Factories Pty Ltd via the
'Contact Us' link on our homepage.
(a) not renewing the Subscription prior to the end of the Subscription Period;
(b) providing Fashion Factories Pty Ltd with 14 days' notice of your intention
to terminate; and
(c) closing your accounts for all of the services which you use, where Fashion
Factories Pty Ltd has made this option available to you.
11.3. Fashion Factories Pty Ltd may at any time, terminate the Terms with you if:
(a) you do not renew the Subscription at the end of the Subscription Period;
(b) you have breached any provision of the Terms or intend to breach any
(c) Fashion Factories Pty Ltd is required to do so by law;
(d) the provision of the Services to you by Fashion Factories Pty Ltd is, in the
opinion of Fashion Factories Pty Ltd, no longer commercially viable.
11.4. Subject to local applicable laws, Fashion Factories Pty Ltd reserves the right to
discontinue or cancel your membership at any time and may suspend or deny,
in its sole discretion, your access to all or any portion of the Website or the
Services without notice if you breach any provision of the Terms or any
applicable law or if your conduct impacts Fashion Factories Pty Ltd's name or
reputation or violates the rights of those of another party.
12.1. You agree to indemnify Fashion Factories Pty Ltd, its affiliates, employees,
agents, contributors, third party content providers and licensors from and
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(c) any breach of the Terms.
13. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre- condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Queensland, Australia.
On receipt of that notice ('Notice') by that other party, the parties to the Terms
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
The Services offered by Fashion Factories Pty Ltd is intended to be viewed by residents
of Australia. In the event of any dispute arising out of or in relation to the Website, you
agree that the exclusive venue for resolving any dispute shall be in the courts of
15. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
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