This website styleish.com.au and all content, trade marks and its related services, products, websites, tools and applications (Website) is owned and operated by Shameless Media Pty Limited ABN 22 632 743 536 (our, us, we, Shameless Media).
The Website is a free-to-access digital publication. You do not need to pay a fee, subscribe or register for or create an account in order to access or use the content on the Website (although certain optional features, such as newsletter sign-up, competitions or interactive tools, may invite you to provide limited information).
1.1 By accessing or using our Website, you agree to be bound by these website terms of use (Terms and Conditions) and our privacy policy located at [insert] (Privacy Policy) as amended from time to time. If you do not agree with our Terms and Conditions or our Privacy Policy, you must stop using our Website immediately.
1.2 We provide our Website to facilitate the supply of our services, to help us connect with you and to provide general information and relevant content that you may be interested in.
1.3 You must not use the Website for any purpose other than its intended purpose, and you must not harm our Website in any way.
1.4 When using the Website, you must not act fraudulently or provide us with false, inaccurate, infringing or misleading information.
1.5 Parts of our Website may allow you to comment or submit your content, and in doing so you must not post anything that is inflammatory, racist, abusive, harassing, obscene, sexually explicit or that violates any Australian law or the rights of any person.
1.6 If we permit you to connect to the Website using a third-party service (e.g. Facebook or Google+), you grant us permission to access, store and use the information from that service as permitted by that service.
2.1 Content on our Website is provided solely for your reference purposes (Our Content). We include information for your convenience as a general summary of matters current at the time of posting that may interest you. Our Content does not constitute medical and/or financial and/or legal professional advice and are not intended to be a substitute for such professional advice and should not be relied upon as such. We make no warranties that the information published by us is correct.
2.2 We may make some of Our Content available for you to share on the Website. Where such content is made available, you must ensure that such sharing is properly credited to us including a link back to us, and comply with any other instructions we may specify. Your licence to share such content is a revocable and limited right. Where you share Our Content, you do so at your own risk. We will not be liable in any respect for any content that you share.
2.3 Some of Our Content includes product recommendations, reviews, buying guides and links to third-party retailers, including affiliate links, and you acknowledge you have read and understood clause 6 of these Terms and Conditions in relation to Affiliate Links.
2.4 You are solely responsible for any material, content or data that you (a) post, publish or otherwise transmit through the Website, and (b) obtain through accessing or using our services (User Content).
2.5 We reserve the right to remove any User Content for any reason without prior notice. You grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable licence to use, reproduce, modify, remove, copy, store and exploit your User Content for our business or commercial purposes.
2.6 If you provide us with any feedback, ideas, modifications, suggestions, improvements or other content you agree that we may, at any time, without restriction exploit, copy, republish, edit or otherwise use such content on any medium worldwide (including on the internet). We will not be required to pay you any compensation for such content (regardless of our use). We have no obligation to review any content or otherwise remove any content that may be unlawful, offensive, threatening, defamatory or obscene.
2.7 Any review submitted to us will be our property on and from its creation and we will be able to deal with it without restriction. Without limiting this right, we may remove any review, and use any review on our Website or on any medium online worldwide (including social platforms) at our discretion (regardless of the content). To the extent necessary you must assign all rights, title and interest in such reviews as required by this clause.
3.1 You acknowledge and agree that:
(a) we own all right, title and interest in and to the Website, Our Content, and all intellectual property rights associated with the Website (including without limitation trade marks, logos, names, designs, content, videos, logos, images and source code) and any improvements or modifications to such intellectual property (collectively referred to as the Intellectual Property) and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms and Conditions; and
(b) you will not copy, reproduce, reverse engineer, decompile, translate, alter, modify, create derivative works, publicly display our Intellectual Property or otherwise attempt to derive the source code of our Intellectual Property except with our prior written permission or that of the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our website.
3.2 You acknowledge and agree that any User Content you upload, post or transmit through the Website or our services will remain your or your licensors' property. We will not claim ownership over the User Content you provide to us. All of your User Content remains yours.
3.3 When you provide us with information you agree to allow us to distribute or use that information as we consider necessary and in accordance with our Privacy Policy.
3.4 Other users may also make content available for you to access on the Website. Where they do so, you acknowledge that you may only access and view this content for your information and personal use. You are not permitted to copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any other content without our consent or the consent of the licensors of such content.
3.5 You acknowledge and agree that we may increase goodwill of the Website by your use of the Website, including the submission of User Content to the Website. You acknowledge that all goodwill associated with the Website inures exclusively to our benefit and that you have no right to share in any such goodwill and no monetary amount will be assigned as attributable to any goodwill associated with your use of the Website. You have no right to monetise or obtain consideration from any User Content within the Website.
3.6 The obligations accepted by you under this clause 3 survive termination or expiry of these Terms and Conditions.
4.1 We reserve the right, at any time and without prior notice, to remove or disable your access to the Website or any part of it for any reason and you agree that we are not liable for any loss suffered by you or any third party as a result of the removal or disablement of the Website.
4.2 These Terms and Conditions will continue to apply until terminated or superseded by us. You can terminate your agreement with us by discontinuing your use of the Website at any time. You do not need to inform us if you choose to discontinue use of the Website.
5.1 Our Website may contain links and other pointers to internet websites or applications operated by third parties. We do not control and are not responsible for these linked websites and their contents. Your access to any such websites is entirely at your own risk, so please contact the relevant third party directly to make inquiries concerning the information prior to entering into a transaction with them.
5.2 You acknowledge and agree that you are solely responsible for ensuring that you have read and understood any applicable third-party terms and conditions when using the Website. We will not be liable for any loss or damage suffered by you in connection with such third-party terms, regardless of whether we bring these to your attention or not. You are solely responsible for obtaining a copy of and reviewing such third-party terms. We are not party to any transaction between you and a third party. For example, if you incur a debt to a third-party payment provider in connection with a purchase through the Website, you are solely liable for that debt and you acknowledge that we are unrelated to, and have no control over that third-party payment provider.
5.3 In the event we provide linking services with third parties, you authorise us to undertake to provide details as necessary to that third party.
6.1 Some of Our Content, including product reviews, recommendations, buying guides and editorial articles, contains links to third-party retailers and brands (Affiliate Links). Where you click on an Affiliate Link and go on to purchase, subscribe to or enquire about a product or service from that third party, we may earn a commission or other financial benefit from that third party.
6.2 Any purchase, subscription or transaction that you make with a third party via an Affiliate Link is a transaction solely between you and that third party, on that third party's own terms and conditions, privacy policy and pricing. We are not a party to that transaction, and we:
(a) do not sell, supply or provide any goods or services referred to or linked to on the Affiliate Link;
(b) make no representation or warranty as to the price, availability, quality, fitness for purpose, description or delivery of any product or service offered by a third party;
(c) are not responsible for, and exclude all liability in connection with, any loss or damage you suffer as a result of a transaction with a third party accessed via an Affiliate Link, including in relation to defective products, incorrect pricing, delayed or non-delivery, refunds, returns or customer service issues; and
(d) are not responsible for any consumer guarantee, warranty or remedy owed to you under the Australian Consumer Law or otherwise, which guarantee, warranty or remedy (if any) is owed to you by the relevant third-party retailer or manufacturer, and not by us.
7.1 Although Our Content has been drafted with due care and diligence, our Website and Our Content are provided "as is" and we make no representations and give no warranties or guarantees as to the suitability, accuracy or quality of the Website. We do not guarantee that the Website will be free from errors or defects, or that the Website will be accessible at all times.
7.2 Without limiting the foregoing, to the maximum extent permitted by law we exclude all liability in connection with your use of our Website or services, including any goods or services acquired by you from a third party via a link on the Website (including via an Affiliate Link).
7.3 Your use of the Website is at your own risk and to the extent permitted by law, we exclude all liability of any kind, however arising, including any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure, or any indirect or consequential loss resulting from your use of the Website.
7.4 The information you provide us and your use of the Website must not:
(a) create liability for us;
(b) infringe any third party's rights, including intellectual property rights and privacy rights;
(c) violate any applicable laws (including those governing privacy, consumer protection, unfair competition, criminal law, racism or anti-discrimination or trade practices law); or
(d) be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing.
7.5 You agree to indemnify and hold harmless us and our respective officers, directors, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including reasonable legal and accounting fees (including costs of defence of claims, suits, or proceedings brought by third parties), in any way related to:
(a) your access to or use of our Website and our services;
(b) your User Content;
(c) your breach of any of these Terms and Conditions; or
(d) your use of an Affiliate Link.
7.6 This indemnity is a continuing obligation and survives termination or expiry of these Terms and Conditions.
8.1 You are solely responsible for any information that you transmit to us. Whilst we use reasonable endeavours to maintain the security of the Website to Australian standards, we do not guarantee the security of the Website, our records, or any information you submit to us. We disclaim all liability for any computer virus or technological problems or other loss that you may suffer as a result of the browsing or downloading of any files from our Website, or from any data breach, compromise or misuse of your data that is provided to us in connection with the Website.
8.2 In order to use the Website, you need to connect to the internet and you are solely responsible for your connection and all fees associated with such connection/access.
9.1 Where we use social media pages or groups run by us, such pages will only be used to advertise our products and services and to facilitate community interaction. Such terms found herein as they relate to providing information will apply to your use of our social media pages or groups.
10.1 These Terms and Conditions, and your use of our Website are governed by the laws of Victoria, Australia and you agree to submit to the jurisdiction of the Courts of the State of Victoria, Australia and Courts competent to hear appeals.
10.2 If you access the Website from outside Australia, you do so on your own initiative and are responsible for compliance with local laws to the extent they are applicable. We do not represent that the Website or its content is appropriate, accurate or available for use outside Australia.
