Welcome to the Plum Petal website, please read these Terms and Conditions of Use (the "Agreement") carefully before using this website. This Agreement is a legal agreement between Plum Petal and you. By using the following website (collectively, "Plum Petal"), you accept and agree to be bound by this Agreement at www.plumpetal.com.au or any subdomain thereof and any policies referred by the websites terms including subsequent changes. If you do not agree to the terms and conditions of this Agreement, please do not use the Plum Petal website.
Plum Petal (referred to herein as "Plum Petal," "we," "us" and "our"), reserves the right to change or amend this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means and if deemed necessary by Plum Petal, including without limitation posting the revised draft of this Agreement on the Plum Petal website. We recommend that each time you access our site you read these terms and conditions and by refer to the start of the Term and Conditions Use page review date to determine when the last update has occurred.
1. OUR WEBSITE
We reserve the right to amend or change the website with or without any reason, without notice to you at our sole discretion, revise, remove or change any products and services. We reserve the right to terminate or discontinue any aspect of the Plum Petal website and will not be held accountable for any third party that this may impact in doing so.
The Plum Petal website reserves the right to suspend, restrict and terminate any third parties access and use to parts of the Plum Petal website at the discretion of Plum Petal without notice or penalty. Plum Petal reserves the right to change. Amend, modify and update the terms and conditions of the Plum Petal website, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means and if deemed necessary by Plum Petal. If you do not agree to the terms and conditions of this Agreement, please do not use the Plum Petal website.
Our website and services are provided to adults over the age of eighteen (18) years. If you are under 18, you may only use our Website with the supervision of a parent or guardian who must be eighteen (18) years of age or older. Unless otherwise specified, the Contents in the Plum Petal website are presented solely for the purpose of promoting products available in Australia.
Our price list can be accessed from our home page and shop page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time of your ordered.
All products and purchases are in Australian Dollars (AU) and are inclusive of GST. The viewing of the Plum Petal website is for the intended use within Australia. Those who choose to access the Plum Petal website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Plum Petal products ordered from the Plum Petal website cannot be shipped into another country outside of Australia.
1.1 Idea Submission
You agree that if you submit any ideas, suggestions or testimonials to Plum Petal or any affiliates in whole or part, for any purpose in perpetuity including but limited to reproduction, publication, advertising press, broadcast and posting in any media form. You may only post ideas and material to the Plum Petal website if you have obtained appropriate copyright and other permission to post such materials and to permit Plum Petal to use such material without restriction.
2. COPYRIGHT AND TRADEMARK INFORMATION
The entire content of the Websites, including, but not limited to text, design, graphics, images and photographs, music and audio-visual material, interfaces or code and selection and arrangements thereof is owned by Plum Petal and ALL RIGHTS RESERVED © 2020 Plum Petal and or licensors, and may not be copied, used, published or disseminated in any way by any person, without the prior written permission of Plum Petal.
When you visit our website, we give you a limited license to access and use our information for personal use. Your use of our content in any other way infringes our intellectual property rights.
2.2 Copyright license
Plum Petal grants to you a worldwide non-exclusive royalty-free revocable license to:
- view this website and the material on this website on a computer or mobile device via a web browser;
- copy and store this website and the material on this website in your web browser cache memory; and
- print pages from this website for your own [personal and non-commercial] use.
Plum Petal does not grant you any other rights in relation to this website or the material on this website or related domains. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Plum Petal’s prior written permission.
2.3 Data mining
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The automated and/or systematic collection of data from this website is prohibited.
This website may from time to time contain hyperlinks to other websites. Plum petal is not affiliated or associated with operators of any third party websites that link to or are linked from the Plum Petal website. Plum Petal disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Plum Petal.
We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the Plum Petal because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites.
We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
PLUM PETAL IS NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR THE PRIVACY PRACTICES OR THE CONTENT OF SUCH THIRD PARTY SITES, NOR FOR ANY DAMAGE, LOSS, EXPENSE, COST OR OFFENCE CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH, THE USE OR RELIANCE ON SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON SUCH EXTERNAL WEBSITES OR RESOURCES.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta tag or mirroring of our website. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. You are not conveyed in any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right or proprietary right if Plum Petal or any third party. Any unauthorised use of this website will terminate the permission or license granted by the Terms and Conditions Agreement and may in instances violate applicable copyright laws, trademark laws, regulations and statutes
You may request permission to use the copyright materials on this website by writing to email@example.com.
2.7 Enforcement of copyright
Plum Petal takes the protection of its copyright very seriously.
If Plum Petal discovers that you have used its copyright materials in contravention of the license above, Plum Petal may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of Plum Petal’s copyright materials that contravenes or may contravene the license above, please report this by email to firstname.lastname@example.org.
All trademarks, service marks and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Plum Petal or other respective owners that have granted Plum Petal the right and license to use such Marks.
3. STATEMENT OF RIGHTS AND RESPONSIBILITIES
You are solely responsible for the information, data, software, messages, statements, video’s, graphics or any other material (“Content”) you submit, post or make available through the Plum Petal website or associated domains. We expect users of the Plum Petal website to respect the law as well as the rights and dignity of others. While using the Plum Petal website you agree to comply with all applicable laws, rules and regulations. In addition, your use of the Plum Petal website is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the Plum Petal website.
You agree not to:
- Post, transmit, upload or otherwise make available through or in connection with the Plum Petal website:
(a) Any information or Content that are or may be, or the posting, transmission or use of which is or may be: threatening, harassing, degrading, hateful, disrespectful of the views of others or intimidating; defamatory or libellous; fraudulent or tortious; obscene, indecent, pornographic or otherwise objectionable; or protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.
(b) Any Content that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
(c) Any software virus, worm, or other computer code, file, or program that is harmful, invasive or t designed to interrupt or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any telecommunications hardware, software or equipment,
(d) Any information which in any way impinges on another user's use or enjoyment of the Plum Petal website
(e) Any unsolicited or unauthorized advertisements, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
(f) Any personally identifiable information of yourself or another individual, without the prior consent of such individual.
(g) Any material, non-public information about a company, without the proper authorization to do so.
(h) Impersonate any person or entity, including without limitation any representative of Plum Petal; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Plum Petal website; or express or imply that we endorse any statement you make.
- Use the Plum Petal website to gain unauthorised access to other Plum Petal user accounts.
- Use the Plum Petal website and or associated domains to advertise or offer to sell or buy any goods or services for any business purpose, without prior written consent from Plum Petal.
You agree that any Content that is submitted onto the website by a user may be used without limitation by Plum Petal or any affiliates in whole or in part, for any purpose in perpetuity. You agree that by submitting or posting any Content on the Plum Petal website that Plum Petal can use and access rights for whatever purpose with any compensation to the user.
4. DISCLAIMER OF WARRANTIES
THE PLUM PETAL WEBSITE IS PROVIDED "AS IS" AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, PLUM PETAL MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE PLUM PETAL WEBSITE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. PLUM PETAL MAKES NO REPRESENTATION OR WARRANTY (A) THAT THE PLUM PETAL WEBSITE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE PLUM PETAL WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT THE PLUM PETAL WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE PLUM PETAL WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING CONTENT WHICH MAY BE POSTED BY THIRD PARTIES. IT IS RECOMMENDED THAT YOU SHOULD USE INDUSTRY RECOGNISED SOFTWARE TO PROTECT AGAINST VIRUSES FROM ANY DOWNLOAD.
IF PERMITTED BY LAW, PLUM PETAL’S LIABILITY FOR BREACH OF ANY NON-EXCLUDABLE STATUTORY TERM, CONDITION, WARRANTY OR GUARANTEE IS LIMITED, AT THE DISCRETION OF PLUM PETAL, IN THE CASE OF SERVICES TO (A) THE SUPPLYING OF THE SERVICES AGAIN OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND, IN THE CASE OF GOODS TO (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (II) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS.
5. INDEMNITY AND RELEASE
IN NO EVENT SHALL PLUM PETAL, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "PLUM PETAL ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS OR BUSINESS OPPORTUNITIES ARISING OUT OF (A) THIS AGREEMENT, (B) THE PLUM PETAL WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE PLUM PETAL WEBSITES, OR (D) THE ACTS OR OMISSIONS OF PLUM PETAL INDEPENDENT JEWELLERY STYLIST, IN EACH EVENT, EVEN IF PLUM PETAL OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INDIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. PLUM PETAL IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. PLUM PETAL IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY PLUM PETAL INDEPENDENT JEWELLERY STYLISTS), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL PLUM PETAL’S TOTAL LIABILITY TO YOU FOR ALL COSTS, EXPENSES, DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PLUM PETAL WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE PLUM PETAL WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE PLUM PETAL WEBSITES.
By accessing the Plum Petal website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of the Plum Petal website. You agree to reimburse the Plum Petal Entities on demand for any damages, losses, costs, judgements, fees, fines and other expenses that may be incurred including legal fees and court costs.
7. GOVERNING LAW
This Agreement and our Privacy and Security Statement are governed by and interpreted in accordance with the laws applicable to the State of South Australia, Australia, without regard to its conflicts of laws principles. You agree that any dispute or claim arising out of or relating to this Agreement and our Privacy and Security Statement shall be resolved only in the courts of South Australia, Australia and you hereby agree to submit to the exclusive jurisdiction of such courts for the purposes of litigating any such dispute or claim.
Any promotions and rewards offered through Plum Petal are for the purpose of promoting Plum Petal products and services.
If the promoted product or reward is unavailable, Plum Petal, in its discretion, reserves the right to substitute the product/reward with a product/reward to the value and/or specification subject to any written direction from a regulatory authority.
Unless specified, the product/reward is not exchangeable or transferable and cannot be redeemed for cash.
Plum Petal undertakes to take all due care with any information which you may provide to us when accessing the Plum Petal website. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Plum Petal. You may not assign, transfer or sublicence any or all of your rights or obligations under this Agreement without our express prior written consent to Plum Petal.