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Terms & Conditions
The Beautiful Silks Website is owned and operated by Marion Ann Hera Gorr and Jon Yaakov Gorr in partnership (Beautiful Silks).
Before you begin to use Beautiful Silks’ service, we need to outline some general principles and spell out some of your obligations concerning your use of the Beautiful Silks Website.
You, the user, agree and certify by clicking “I agree” button on the bottom of this page that
1. you have had the opportunity to review the terms of these terms and conditions of use before accessing or downloading any product;
2. you consent to be bound by the terms and conditions of use.
Together with any additional terms, conditions, notices and disclaimers contained on the Beautiful Silks Website, these terms and conditions of use regulate your use of the Beautiful Silks Website. Through your continued use of the Beautiful Silks Website, you acknowledge and agree that these terms and conditions of use constitute the rules and conditions of access to, use of and supply of information and products from the Beautiful Silks Website.
All terms and conditions that govern your use of Beautiful Silks (including disclaimers) may be amended by Beautiful Silks from time to time. Changes apply from seven days after the time they are made but not retrospectively.
3. No warranty concerning suitability of products you buy for what you want to do.
Although we go to great lengths to make sure our information is accurate and useful, we have not met you and have no idea what you want to do with the products. You cannot rely on our skill and judgement in choosing a product.
Your use of the Site or any Beautiful Silks service does not create a relationship between you and us where we are under any duty of care to you. You accept full responsibility for reading our website and our information guides, and then determining whether any particular Beautiful Silks product is suitable for any particular purpose and for protecting yourself against any possible consequential damages.
3. No warranty as to site’s continuing functionality.
Beautiful Silks does not make any representation or warranty that your access to the Beautiful Silks Website will be secure, available or uninterrupted.
Beautiful Silks disclaims and will not be liable for loss resulting any interruption, delay or impairment in the functioning, operation or availability of the Beautiful Silks Website, exposure to or transmission of any computer virus, internet access difficulties in connection with the Beautiful Silks Website, or malfunction in equipment or software.
4. Our liability to you
You assume a risk by not having expert assistance when you purchase and instead buying on-line. Because you assume this risk, except as expressly provided by an Australian law, the maximum liability of Beautiful Silks to you is double the amount you initially paid to us.
You agree that Beautiful Silks is not responsible for any mistake that you make in working with or using your purchase.
You agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers because the product you order is not suitable for its intended purpose or does not suit the relevant circumstances.
In no circumstances will Beautiful Silks be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by Beautiful Silks) which result from unauthorised access to your internet transmissions or data.
5. What if you cause us loss?
If we discover that we have lost revenue through your misuse of our service or your breach of these terms and conditions, then you agree that we may recover from you each of the following:
(a) the revenue we have lost;
(b) our costs of discovering our loss and the extent of it;
(c) our costs of recovering the revenue; and
(d) interest on any amount owing under this clause.
You agree that you continually indemnify us against any cost, loss, liability, or damage that we incur as a result of your use of our service. If we can show that we have lost revenue through your misuse of our system or breach of these terms and conditions, then you agree that we have the right to audit your operations (at your cost) to determine the extent of our loss. The Conditions of Use and all other specific and additional terms which govern your use or membership of and access to the Beautiful Silks Website will be governed by the laws of New South Wales. 6. Personal Information
Beautiful Silks collects personal information from a variety of sources. We obtain most personal information through the Beautiful Silks registration process.
In general, the personal information Beautiful Silks collects includes (but is not limited to) name, address, contact details and, where relevant, financial information, including credit card information, banking details and income information.
Beautiful Silks endeavours to collect personal information about an individual only from that individual. In some circumstances Beautiful Silks may obtain personal information from a third party. If you provide personal information about another person to Beautiful Silks, Beautiful Silks requires that you inform that person you have done so and provide them with a copy of this policy.
Beautiful Silks may use information it collects from you for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. Beautiful Silks generally uses personal information to:
• help Beautiful Silks manage and enhance its services;
• communicate with you;
• pass your documents to lawyers for advice;
• return advice received from lawyers.
• review advice for consistency and quality purposes.
Jon Yaakov Gorr and Marion Ann Hera Gorr have been appointed privacy officers to oversee the management of personal information in accordance with the Terms and Conditions of Use and the Commonwealth Privacy Act.
Beautiful Silks protects the personal information Beautiful Silks holds from misuse, loss, unauthorised access, modification or disclosure by various means including firewalls, pass word access, secure servers and encryption of credit card transactions.
You have the right to seek access the personal information held about you and to advise Beautiful Silks of any inaccuracy. There are some exceptions to this right set out in the Privacy Act.
If you make an access request, Beautiful Silks will ask you to verify your identity and specify what information you require. Beautiful Silks may charge a fee to cover the costs of meeting your request.
Beautiful Silks retains the right to prohibit anyone from using its websites or downloading Beautiful Silks Material at its discretion. This agreement cannot be assigned. The invalidity or unenforceability of any provision of these Terms or the Site’s Disclaimer will not affect the validity or enforceability of any other provision of these Terms or the Site’s Disclaimer and such invalid provision will be deemed to be severable. The Terms and the Site’s Disclaimer constitute the whole agreement between you and Beautiful Silks. No failure or delay, on the part of Beautiful Silks, in exercising any right or power under these Terms will operate as a waiver of such right or power.