beStella® Website Terms and Conditions
Please read these terms and conditions carefully before using this website.
This website, www.bestella.com.au and its content (“Website”) is owned by Be Stella Pty Ltd ACN 601 227 730 (“beStella®”).
Your use of this Website constitutes your agreement to be bound by these terms and conditions and all other terms, conditions and disclaimers on the Website (the “Terms and Conditions”). By continuing to use this Website, you agree to be bound by the Terms and Conditions. If you do not agree to the Terms and Conditions, you must stop using the Website immediately.
beStella® may vary, add, change or delete any part of the Terms and Conditions, or the Website, at any time, and for any reason without prior notification to you, and will not be liable in any way for possible consequences of such changes.
BESTELLA® PRODUCTS AND SERVICES
beStella® offers a range of products and services on its Website including membership subscriptions (eg, beStella & Me™ – see below), tickets to events and apparel, which may vary from time to time, (“products and services”).
All payment for products and services ordered via the Website is required to be made upfront and in full via credit or debit card or such other payment methods that beStella® may make available to you from time to time.
In order to purchase the products and services from the Website, you acknowledge and warrant that:
a) You over 18 years or age. Where you are under 18 years of age you have your parent or guardian’s consent to purchase the products and services.
b) You are who you say you are and are truthful and accurate in the information that you supply to beStella®.
c) You are authorised to use the credit card or other payment method use by use to purchase the products and services from this Website.
d) You will not engage in any fraudulent activity or any other conduct that may constitute a misrepresentation or misleading or deceptive conduct.
e) You are purchasing the products and services for your own personal use and not for a commercial purpose.
beStella® may require additional verification or information before accepting any order.
Where permitted in all states, beStella® reserves the right to limit sales, including the right to prohibit sales to re-sellers.
Please note that beStella® currently only accepts orders from within Australia. Please contact us if you would currently live overseas but would like to order any of our products or services.
bestella & Me™ membership
beStella® offers, via the Website, an annual membership package that provides access to an online platform specifically for women designed to engage, connect and inspire an awesome community of like-minded women (“beStella & Me™”).
When you successfully subscribe to beStella & Me™, you will have your own member account including username and password, chosen by you. You are also required to provide us with your payment details which you accept are to be used by us for the purpose of direct debiting your membership fee on an annual basis, on and from the day you subscribe to beStella & Me™.
Renewals and cancellations
Because beStella® has made the beStella & Me™ membership fee so affordable and membership gives you access to a range of online membership features and benefits, please note that your membership fee is non-refundable nor can your membership be transferred to someone else.
When it comes time to renew your annual beStella & Me™ membership, you will be sent an automated email notifying you that your payment is due and when it will be automatically debited from your account. If you do not wish to renew your membership then you can opt out via the renewal email.
If you have any questions about the beStella & Me™ membership, please contact us.
All prices are in Australian dollars (AUD) and inclusive of GST unless otherwise specified. Prices displayed on this website are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of products and services are subject to change without notice.
beStella® may change the prices published on this website at any time. Prices of products or services placed in the basket but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this website, beStella® is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this Website, or an error in your order.
beStella® accepts payments via Stripe, a secure online payment facility (https://stripe.com/au). When you sign up for a beStella & Me™ membership subscription beStella® stores your credit card details via Stripe, for your convenience and to enable automatic renewal of your beStella & Me™ membership. beStella® will send you a reminder to confirm your membership renewal in advance of deducting your renewal fee.
It is your responsibility to ensure that:
- your credit card details are current and correct;
- you maintain a strong and secure password to your account;
- you do not provide or otherwise make available, your login details to anyone else;
- there are sufficient funds in your account to enable any direct debits or other authorised charges to your credit card.
Please note that if your payment declines at the point of purchase, beStella® will not receive any notification of the order being placed and will not be responsible for any dishonor fees that you may incur where you have insufficient funds.
USE OF WEBSITE
You must comply with all laws in connection with your use of this Website.
You must not do any of the following:
- Data mine or conduct automated searches on this Website;
- Transmit any virus or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information available through this website:
- Use this Website or any information made available through this Website to send unsolicited emails or other messages without beStella® consent
- Use of any automatic device or manual process to monitor or copy any part of the Website;
- Incorporate any o f the content on this Website with any other material, including advertising or promotional material;
- Create http links from this Website to any other website on the internet, or frame or mirror this Website; or
- Tamper with or make unauthorized modifications to this Website or the content of this Website.
You may only make contributions to this Website to the extent that the Website or beStella® expressly permits. However, you must not leave any contribution on this Website, provide beStella® with content for the Website or permit any information to be displayed on this Website, that is false, inaccurate, misleading, defamatory, trade libelous, obscene, indecent, inflammatory, threatening or harassing or that breaches any third party intellectual property rights or any other law. You warrant that any contributions you make to the Website, or any content you provide for the Website, will not expose beStella®, its directors, employees or agents to any liability of any kind.
If you do leave contributions on this Website or provide content for this Website, you grant beStella® a non-exclusive, worldwide, perpetual, irrevocable, royalty free right (sub licensable through multiple tiers) to exercise the copyright and other intellectual property rights in connection with your contributions or content. beStella® reserves the right to edit or delete any contributions posted, or content submitted for display, on this Website in its absolute discretion.
DISCLAIMER AND EXCLUSION OF WARRANTIES
No warranty: You use this Website at your own risk. To the extent permitted by law, this Website is provided to you on an “as is” and “as available” basis without warranty of any kind express or implied. To the extent permitted by law beStella® excludes any express or implied warranties under statute or general law in connection with this Website and any associated goods or services.
Content Disclaimer: Information on this Website is compiled from various sources. Accordingly, beStella® warns you that information on this Website may not be true, accurate, up-to-date, complete and not misleading. beStella® does not invite reliance upon and does not accept responsibility, or liability for information provided within or associated with, this Website.
Third Party Information: From time to time, this Website may contain third-party information and links to other websites as a convenience to you. beStella® does not control, endorse, check or approve third party information or information on linked websites. A link to another website does not imply any endorsement of that website or its products or services.
beStella® recommends that you should check the accuracy of third party information directly with the relevant party before making any decisions including purchasing any third party products or services. Any prices quoted on this Website should be used as a guide only and should not be relied on.
Any supplier or other third party advertiser displayed on, or accessible via, this Website is solely responsible to you for the delivery of any products or services you purchase from that person.
No Guarantee of Uninterrupted or fault free use: You acknowledge that access to this Website may be interfered with or affected by numerous factors, many of which are outside beStella® control (including, without limitation malfunction in equipment or software, internet access difficulties or delay or failure in transmission). Your access to this Website may not be continuous, uninterrupted, timely, secure, fault free or virus free. You should ensure that your computer software and systems are protected against viruses and any other damage they might sustain as a result of using this Website.
You unconditionally release beStella®, its directors, employers and agents from all liabilities, actions, demanding loss, damage, costs and expenses (including legal costs on a full indemnity basis) incurred or suffered by you directly or indirectly in connection with your access to, or use of, this Website.
You are liable for and indemnify beStella® and its directors, employees and agents against all actions, demands, liabilities, loss, damage, cost or expenses (including legal costs on a full indemnity basis) incurred or suffered by beStella® or its directors, employees and agents directly or indirectly in connection with: (a) your use of this Website; (b) any information you post or permit to be displayed on this Website including your beStella & Me™ member account; or (c) your breach of these Terms and Conditions.
LIABILITY FOR YOUR THIRD PARTIES
You are responsible for the acts and omissions of your employees, contractors and agents as if they were your own acts or omissions.
beStella® complies with Australian privacy laws.
beStella® does not collect your personal information to on-sell to third parties for marketing purposes. However, in order for you to enjoy the full benefits of your beStella® membership, beStella® may provide your personal information to third party service providers. For example, the provision of your email address to a third party provider who will service the magazine subscription included in your beStella® membership.
If you have any questions or concerns regarding your personal information, please contact us.
© beStella 2014-2016. All rights reserved.
beStella® owns or is a licensee of all copyright and other intellectual property in this Website and its content (including, without limitation all information, text, graphic, software, advertisements and trademarks (if any) on this Website (the “Content”). You must not modify, copy, reproduce, republish, frame or create derivative works, upload a third party, post, transmit or distribute the Content in any way except for your own personal, non commercial, use, information, research or study (but only if you keep all Content intact and in the same form as presented on the Website).
beStella® is the Australian registered trade mark of Be Stella Pty Ltd. All trademarks appearing on this Website are the property of beStella® or their respective owners, as the case may be.
INTERPRETATION AND GENERAL TERMS THAT APPLY
In these Terms and Conditions:
- The headings will not affect interpretation of these Terms and Conditions.
- The singular includes the plural and vice versa, and a gender includes other genders.
- Any other grammatical form of a word or expression defined in these Terms and Conditions has a corresponding meaning.
- A reference to:
- A clause or paragraph is to a clause or paragraph of, these Terms and Conditions.
- A document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time.
- “A$”, “$A”, “dollar” or “$” is to Australian currency.
- Time is to time in Melbourne, Victoria (AEST or when applicable, AEDT).
- A party to a document includes the party’s executors, administrators, heirs, successors in title, permitted assigns and substitutes.
- A person includes a natural person, body corporate, partnership, trust, association or any government or governmental, semi-governmental, administrative or judicial body, tribunal, department, commission, authority, agency, minister, statutory corporation, instrumentality or any other entity.
- A statute, ordinance, code or other law includes regulations, rules and other instruments under the statute, ordinance, code or other law and any consolidations, amendments, re-enactments or replacements.
- Any thing (including but not limited to any right) includes part of that thing.
- The meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions.
- Any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds those parties jointly and severally.
- Any undertaking by a party not to do any act or thing will be deemed to include an undertaking not to permit or suffer the doing of that act or thing.
- A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms and Conditions or any part of these Terms and Conditions.
- beStella® may assign any rights or benefits under these Terms and Conditions at any time.
- If any provision, or the application of any provision, of these Terms and Conditions is prohibited, invalid, void, illegal or unenforceable in any jurisdiction:
- this will not affect the validity and enforceability of the provision or part in other jurisdictions;
- the provision or part will only be ineffective to the extent of the prohibition, invalidity or illegality; and
- the provision or part will be severed and will not affect the validity or enforceability of the remaining provisions or parts of these Terms and Conditions.
- These Terms and Conditions supersedes all prior undertakings, arrangements and agreements and constitutes the entire agreement between the parties in relation to the subject matter of these Terms and Conditions and there are no conditions, warranties or other terms affecting the agreement between the parties other than those set out in these Terms and Conditions.
- These Terms and Conditions will be governed by the laws of Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.