Terms of Use

This Terms of Use Agreement (“Agreement”) is entered into by and between you and PSSL Pty Ltd (ACN 634 837 899) trading as “Stella Phoenix” (or “we”, “us”, “our”). Stella Phoenix sells luxury children’s clothes and accessories (“Products”). “You” means any person who accesses or views this website, https://www.stella-phoenix.com (“Site”), or purchases Products from us. Access to, use of and/or browsing of the Site is provided subject to these terms and conditions. By accessing, using and/or browsing the Site, you hereby agree to these terms and conditions.

This Agreement contains warranty disclaimers and other provisions that limit our liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing the Site constitutes acceptance of these terms and conditions. If you do not agree to be bound by these terms and conditions, please exit the Site immediately and do not use, access and/or browse the Site.

By entering the Site, you acknowledge and agree that you have read and understand these terms and conditions, that the provisions, disclosures and disclaimers are fair and reasonable and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity.

FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER

You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and us. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.

INFORMATION DISCLAIMER

Any information provided by us under this Site, including blog posts, are of a general nature only.

Third-party opinions or information expressed in this Site are not necessarily the opinions of Stella Phoenix. Any opinions expressed on this Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.

Information on this Site may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. We are under no obligation to update any information on the Site, however, may update the Information at any time without notice in our sole and absolute discretion. We reserve the right to make alterations or deletions to the information at any time without notice.

POSTING GUIDELINES

This Site  and our social media accounts (including @officialstellaphoenix on Instagram, stella.phoenix on Facebook, and employee Linkedin accounts) are open to the public. Therefore, if commenting on the content of the Site or social media please consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information on the Site or social media in the form of user-generated comments or otherwise, or by giving us written permission to post your images on our website and/or social media, you grant to us the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy that information or images.

You are responsible for the content you post. You may not impersonate any other person through the Site or on social media. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.

THIRD-PARTY LINKS AND ADVERTISEMENTS DISCLAIMER

The Site may, from time to time, contain links to third party websites or social media accounts. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation of the services, information, content and/or data on such third-party web sites or as an indication of any affiliation, sponsorship or endorsement of such third-party web sites. We are not responsible for the content of linked third-party websites or social media accounts and do not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on such third party websites or social media accounts. If you decide to access linked third-party websites or social media accounts, you do so at your own risk and we accept no liability in relation to the third-party websites or social media accounts, or of any breaches of law by those other websites, or social media accounts. Your use of third-party websites and social media accounts is subject to the terms of use for such sites.

The inclusion of third-party advertisements does not constitute an endorsement, guarantee, warranty or recommendation of, and we make no representations and/or warranties about any of those products or services.

DISCLAIMER OF ALL WARRANTIES

Subject to law, the information made available on this Site is provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, we make no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of the information, that the information may be relied upon for any reason or that the information will be uninterrupted or error-free or that any defects can or will be corrected.

Under no circumstances, as a result of your use of this Site, will we be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, we shall have absolutely no liability in connection with the Site for:

  1. Damages as a result of lost profits, loss of goodwill, work stoppage, failure of performance, delays in operation or transmission, non-delivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
  2. Any loss or injury caused, in whole or in part, by our actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the information;
  3. Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the information; or
  4. Any decision made or action taken or not taken in reliance upon the Information.

ONLINE PURCHASES

Please refer to our purchasing and returns info for the terms and conditions of purchasing products through our website.

RESERVATION OF INTELLECTUAL PROPERTY RIGHTS

1. Unless otherwise indicated, we own or have the rights to use:

– all copyright in this Site and its contents, including photographs;

– all intellectual property, including design rights, in the Products;

– any trade names or trademarks associated with the Products.

2. You must not in any way copy, reproduce, replicate or imitate any of the Products without our prior written consent.

3. You must not in any way reproduce, publish, communicate or adapt any part of this Site, including any of these terms and conditions, without our prior written consent.

4. We reserve all rights in relation to all intellectual property.

INDEMNIFICATION

You agree to indemnify and hold us harmless from any claim or demand, including legal fees, made by any third party as a result of:

(1) any content posted or made available by you on this Site,
(2) any violation of law that occurs by you through the Site, and/or
(3) anything you do using the Site and/or the information on this Site.

INVALIDITY

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS

This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of Australia and the State of Queensland without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Queensland and the Commonwealth of Australia. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the information contained therein, shall, subject to law, be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

ENTIRE AGREEMENT

You hereby acknowledge that this Agreement represents the entire understanding between you and us concerning your use of the Site and the information contained therein.

MODIFICATION

We may, in our sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in part at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.

WAIVER

Our failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision. 

NO COMMERCIAL USE 

This Site is for personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, Products, or services contained within this Site. You may not use this site or any of its content to further any commercial purpose, including any advertising or advertising revenue generation activity on your site. 

PRIVACY POLICY

Please refer to our full privacy policy for information on how we utilise, store and manage your personal and confidential information.