CUSTOMER TERMS AND CONDITIONSAbout:
In these Terms and Conditions "we" and "us" mean The Social Phix Pty Limited trading as Trading in Style ACN 626 356 778 ("Trading in Style") of 207 Clovelly Road, Randwick, New South Wales, Australia, 2031 and "you" means you the customer. These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.Legal Capacity:
We will not knowingly accept orders from any person under the age of eighteen (18) years of age and by accepting these Terms and Conditions you acknowledge and represent that you are over the age of eighteen (18) years. Should we incur any harm, damage or other losses as a result of a transaction entered into by a minor with us, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) giving rise to such losses to be placed with us.Process to placing your Order:
You may place an order (“Order”) by selecting Product/s to purchase on our website and, after adding the relevant Products to you online “cart” you then click the "Purchase" button and complete your online payment for the Product/s.. This will generate a receipt/Order Number. By placing an Order, you make an offer to us to purchase the Products you have selected based on these terms and conditions. Information contained on our website constitutes an invitation to do business or treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products. We do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed. This is done for the purpose of preventing credit card or payment fraud. We reserve the right to refuse service, terminate accounts, remove or edit content from our website, or cancel orders in our sole and absolute discretion. We will confirm acceptance of your order when we send you an email confirming shipment to you of the Products you have ordered. If we cannot process or accept your Order after payment is received, we will contact you by email.Payment and Processing:
We currently accept Mastercard, Visa, American Express, Paypal and Afterpay only. If you wish to pay via direct deposit you must contact us at email@example.com for details and in our sole and absolute discretion we will determine whether we will accept payment by direct deposit.
Payment processing will not begin until we receive all the information we need from you in order to do so. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday to Friday, excluding New South Wales Public holidays. We process credit card, PayPal and Afterpay payments only after you click the "Purchase" button. For payment by credit card, Paypal and Afterpay we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase. All prices quoted on our website and other social media platforms are in Australian Dollars (AUD) and all orders are processed in Australian Dollars (AUD). Please be aware that you may be required to provide further identification for additional security reference checks.Condition:
Our Products are sold in “as is” condition including colour, style, design features and sizing. We have made every effort to display as accurately as possible the colours of the Products that appear on our website and our other social media platforms. We pride ourselves on the information we provide about the condition and quality of the products we represent for sale on our website and thoroughly and meticulously quality check the Products before delivery to ensure you receive the Product in the same state and condition as displayed for sale.Authenticity:
We guarantee that our Products are authentic. We stand by our Products and product authenticities and offer a money back guarantee should any Product we sell be proven to be non-authentic.Returns Policy:
All sales of the Products are final, and WE DO NOT ACCEPT RETURNS except where the Product is obviously faulty or defective or is materially different from the Product as displayed or described.
Please note: we are unable to return a product based on the brands sizing or fit, every brand's sizing and fit varies. Please refer to our international size chart and product descriptions for further detail and enquire if more information is required.GST:
All purchases include GST unless a Product has been purchased by an international customer who spends less than the threshold of one thousand dollars (AUD $1,000.00). International customers who do not spend more than the above threshold are not required to pay GST. If applicable the relevant GST will be automatically deducted from your Order prior to purchase after you have selected your destination country for delivery.Pricing:
We use our best endeavours to list Products with the most competitive prices. We nevertheless reserve the right to change prices for Products displayed on our website and other social media platforms at any time before you place an Order. The price of Products shown excludes shipping costs for international shipping (no shipping costs for shipping within Australia). The shipping cost is a separate charge which is shown on the product page and is calculated based on the destination and mode of shipment (standard, express, etc) or as a fixed cost for international shipping if deemed to be a standard size.Supply:
Subject to these terms and conditions, we will supply to you the Products indicated on your Order . When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item. In the unlikely event that the Product has been sold, is out of stock or otherwise unavailable, we notify you by email and will refund the sale price together with any shipping charges paid by you within two (2) business days.Your Data:
By placing your Order, you agree that we may store, process and use data collected from your Order for the purposes of processing and delivering your Order, and you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Products that may be of interest to you. Please let us know if you do not agree to our using such data in order to provide you with information on other Products. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such requests. If any data held by us concerning you is incorrect, we will correct it on your written request.Fraud – credit cards:
We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.Fraud Protection and Prevention:
When you elect to pay for your Order by either a credit card, Paypal or Afterpay you may be sent an email from us requesting further information, such as a copy of your credit card and driver’s license for identification. After verification by us this information will be destroyed. In this case, until your Order has passed our internal Fraud Prevention procedure checks your Order will remain on pending status. If you do not provide the requested information within seven (7) days, your Order will be cancelled, and your payment will be refunded back to you via the method in which you paid. These information requests are sent to help protect credit card, Paypal and Afterpay account holders from online fraud.
You shall not assign any rights and obligations under these terms and conditions whether in whole or in part without the prior written consent of Trading in Style which consent may be withheld in our absolute discretion. Any unauthorised assignment shall be deemed null and void. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any term or condition constitutes a waiver of such term or condition. Such failure shall in no way affect the right to later enforce such term or condition. Furthermore, we reserve the right to change, modify, vary or amend the terms and conditions of sale at any time. The terms and conditions applicable to you are those on our website at the time you order a Product. Only the directors of Trading in Style may change, modify, vary or amend the terms and conditions of sale. No employee or agent has the authority to vary any of the terms and conditions governing any sale.Force Majeure:
To the fullest extent permitted by law, Trading in Style is not liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond its reasonable control, and it shall be entitled to a reasonable extension of time for the performance of such obligations.Governing Law:
These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales Australia and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.Your Account:
“Your Account” with us has a credit facility. You may only use credits in “Your Account” as detailed here.
We may credit “Your Account” with Refund Credits from time to time. Trading in Style will only provide Refund Credits under the terms and conditions detailed under "Returning a Product". Where “Your Account” holds Refund Credits and you place an Order for a Product or Products:
- Where any outstanding balance due on a Product/s is less than the total Refund Credits in “Your Account”, you retain the future use of any unused Refund Credits to apply towards any future Product payments. You will need your Return Authorisation number to determine the total Refund Credits in “Your Account”; or
- In the event that you have insufficient Refund Credits to apply towards the outstanding balance due on the Product/s, you must pay any remaining outstanding balance due on the Product by Mastercard American Express, Visa or Paypal.
Refunded Credits can be used towards a future purchase. To redeem your Refund Credits please contact us at firstname.lastname@example.org.Australian Consumer Law Guarantees:
Consumer guarantees apply under the Australian Consumer Law. Nothing in these terms and conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au.
CONSIGNOR’S TERMS & CONDITIONS
SUPPLY OF ITEMS
All items are supplied by you to Trading in Style on a consignment basis and we agree to hold your items for sale on this basis for a period of 6 weeks from the date the item/s is/are supplied to us.
Trading in Style reserves the right to decline to consign items that do not meet the Trading in Style standards of sale. This includes, but is not limited to, items that have previously been purchased from Trading in Style.AUTHENTICATION
We require that you provide us with either a valid original receipt of purchase and/or a valid certificate of authenticity for any item/s supplied to us for sale. If neither can be provided by you, Trading In Style will arrange for authentication using ENTRUPY or Luxury Authentication, for which we will charge you $45 per item. At all times Trading in Style reserves the right to arrange for further independent authentication in respect of any item supplied for sale.PHOTOGRAPHY
The item/s supplied by you may need to be worn outside to be photographed for display on Trading in Style’s website and/or other social media platforms. In so doing, we will use our best endeavours to treat each item with the utmost care.DRY CLEANING SERVICE
In the event that in our reasonable opinion an item supplied by you to us requires dry cleaning as part of the process of preparing the item for sale, we will deduct such expense from commissions due to you upon the sale of the item.NEGOTIATION
We will always use our best endeavours to sell the item/s for the agreed prospective sale price. However, once the item is supplied to us for sale, you agree that we reserve the right to sell the item/s for a price up to 20% less than the agreed prospective sale price without first seeking your consent to do so. If we manage to sell your item(s) for more than the agreed price we will honour the higher commissioned amount. Your consignment record will reflect the final adjusted sale price and your commission.COMMISSION
All item or items supplied by you to us are on consignment, and once the item/s sell the commission earned by YOU will be calculated on the final sale price for the item/s as follows:
- 50% of the final sale price - for all items sold under $999 per item
- 60% of the final sale price - for all items sold over $1,000 per item
- 65% of the final sale price - for all items sold over $2,000 per item
- 70% of the final sale price - for all items sold over $3,000 per item
- 75% of the final sale price - for all items sold over $5,000 per item
- 80% of the final sale price - for all items sold over $6,000 per item
- 85% of the final sale price - for all items sold over $10,000 per item
We will send you an email when an item is sold, specifying the identity of the item/s, the final sale price for the item/s and the commission to be paid to you based on the final sale price of the item/s. Payments for sold items will be made to you on a monthly payment cycle.RETURNS
We agree to hold your items for sale on consignment for a period of 6 weeks from the date the item/s is/are supplied to us. After the expiry of the 6-week consignment period, we will send you an email listing the unsold items and specifying a period of 10 days from the date of that email for you to make arrangements either for the collection from us of the unsold items, return to you of the unsold items at your expense or donation on your behalf. If no such arrangements are made, or if the items are not collected from us, within 10 days, we reserve the right to donate the unsold item/s to charity on your behalf and shall seek your consent to do so on your behalf.CHANGE OF MIND
We understand that after supplying us with your item/s you may change your mind and ask us to withdraw from sale. At the same time, each item that is brought to us for consignment incurs significant time and expense in preparing the items for sale, including researching prices, cleaning, styling/shooting, liaising with customers and processing orders. As a result, if you choose to withdraw your items for sale by Trading In Style, a service fee will be charged for our time in preparing the item/s for sale as follows:
To withdraw 9 or less items - $50
To withdraw 10-20 items - $100
To withdraw 21 or more items - $150
Please note that this is in addition to any authentication or dry cleaning charges that may apply.LOST OR STOLEN
During the agreed 6-week consignment period, Trading In Style takes full responsibility for any of your items which may be lost, stolen or damaged whilst in our care, custody and/or control. In the unlikely event that this occurs, you will be paid an amount equivalent to the commission based on the prospective agreed sale price for the item/s less 20%.DISPLAY OF ITEMS LISTED
The items supplied by you will be displayed for sale at Trading In Style’s Sydney (Randwick) shop. Please note that not all items supplied by you will necessarily be listed for sale online and/or on Trading in Style’s Instagram account or other social media platforms. At all times Trading in Style reserves the right to determine, in its absolute discretion, how, where and on what platform to display the item/s for sale.
STYLING SERVICE TERMS AND CONDITIONS
Cancellation within 24hrs will incur a $150 cancellation fee. This will be charged to the credit card on file at the time of booking your appointment. Please contact email@example.com should you need to amend your booking.
PAYMENT OF SERVICE
Full payment will be automatically deducted on the day of the service from the credit card provided at the time of booking. Additional time required outside the service terms will incur an hourly change dependent on the service type. This can be discussed with your stylist on the day.
STORAGE OF PAYMENT INFORMATION
Your transaction is encrypted and secured. All information, including your credit card, is transferred only over HTTPS with up to 256-bit encryption. Servers are verified PCI compliant. Additionally, your credit card information is not stored on our servers.
1.1 These Platform Access Conditions govern your use of and access to the Platform.
1.2 By using the Platform, you agree to these Platform Access Conditions.
1.3 If you do not agree to the Platform Access Conditions, you may not use the Platform.
1.4 We may change, vary or modify all or part of these Platform Access Conditions at any time in our sole discretion.
1.5 If we adopt new Platform Access Conditions:
1.5.1 we will post the new Platform Access Conditions on the Platform; and
1.5.2 they will thereupon apply to your use of and access to the Platform through your acceptance of them by subsequent or continued use of the Platform.
1.6 It is your responsibility to check these Platform Access Conditions periodically for changes.
1.7 If you object to any variation to these Platform Access Conditions, your only remedy is to immediately discontinue your use of the Platform.
1.8 By using the Platform, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
1.9 As long as you comply with these Platform Access Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
1.10 These Platform Access Conditions were last updated on 9 February 2021.
2.4 You acknowledge and agree that transmissions on the internet are never completely private or secure and you understand that any message or information you send to or download from the Platform (where permitted) may be read or intercepted by others.
PRODUCTS + SERVICES
3.1 The Products + Services Conditions apply to purchases of Products and/or Services and, where relevant, to the use of specific portions or features of the Platform (as may be relevant).
3.2 You agree to abide by such Products + Services Conditions.
3.3 Our obligations, if any, with regard to the Products + Services are governed solely by the Products + Services Conditions pursuant to which they are provided and nothing on the Platform should be construed so as to alter such Products + Services Conditions.
3.4 We may make changes to any Products + Services offered on the Platform, or to the applicable prices for any such Products + Services, at any time, without notice (except as may be applicable under relevant Products + Services Conditions).
3.5 The Content on the Platform with respect to Products + Services may be out of date and we make no commitment to update such Content on the Platform.
3.6 Products + Services Conditions may be changed from time to time and are effective immediately upon posting such changes on the Platform.
ACCESS TO PLATFORM
4.1 While we use reasonable endeavours to ensure that the Platform is available continuously, we do not make any representations, statutory guarantees or warranties that your access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that your use of the Platform will provide specific results or benefits.
4.2 The Platform and its Content is delivered on an as-is and as-available basis.
4.3 Your access to the Platform may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control or simply because we wish to do so.
4.4 Except as expressly provided otherwise in the Platform Access Conditions, we reserve the right to change or discontinue any website, page, functionality, feature or service (or part thereof) on the Platform at any time.
4.5 We cannot ensure that any files or other data you download from the Platform (if you are permitted to do so) will be free of viruses or contamination or destructive features.
5.1 The Platform contains Content that is protected by our Intellectual Property Rights.
5.2 Except as expressly provided otherwise in any relevant Products + Services Conditions, you do not have any right, title or interest in or right of use of any Content on the Platform.
5.3 Except as expressly provided in these Platform Access Conditions or any relevant Products + Services Conditions, no part of the Platform or Content (other than a temporary copy held in your computer's cache) may be copied, stored, altered, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or for any commercial enterprise or use, without our express prior written consent.
5.4 You may however use information within our Products + Services purposely made available by us for downloading from the Platform, provided that you:
5.4.1 do not remove any proprietary notice language in copies of such documents;
5.4.2 use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; and
5.4.3 make no modifications to any such information.
USE OF THE PLATFORM
6.1 You must not:
6.1.1 use the Platform in breach of any applicable laws or regulations;
6.1.2 use the Platform (or Content obtained from the Platform):
a) to transmit (or authorise the transmission of) "junk mail," "chain letters”, unsolicited emails, instant messaging, "spimming," or "spamming";
b) to impersonate any person or entity;
c) to solicit money, passwords or personal information from any person;
d) to harm, abuse, harass, stalk, threaten or otherwise offend others; or
e) for any unlawful purpose;
6.1.3 use the Platform to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
a) is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
b) contains, promotes, or provides information about unlawful activities or conduct;
c) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
d) exploits another person in any manner;
e) contains nudity, excessive violence, or sexual acts or references;
f) includes an image or personal information of another person or persons unless you have their consent;
g) poses or creates a privacy or security risk to any person;
h) you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
i) contains large amounts of untargeted, unwanted or repetitive content;
j) contains restricted or password only access pages, or hidden content;
k) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
l) advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
m) contains financial, legal, medical or other professional advice;
6.1.4 interfere with, disrupt, or create an undue burden on the Platform or any systems, or networks connected to the Platform;
6.1.5 use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm, or methodology or any similar process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Platform;
6.1.6 use the Platform with the assistance of any automated scripting tool or software;
6.1.7 frame or mirror any part of the Platform without our prior written authorisation;
6.1.8 use code or other devices containing any reference to the Platform to direct other persons to any other web page;
6.1.9 attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any of our servers, or to any of the Products + Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
6.1.10 probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform;
6.1.11 reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Platform to its source, or exploit the Platform or any service or information made available of offered through the Platform, in any way where the purpose is to reveal any information, as provided for by the Platform;
6.1.12 use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform or with any other person’s use of the Platform;
6.1.13 except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or cause any other person to do so; or
6.1.14 delete any attributions or legal or proprietary notices on the Platform.
6.2 We reserve the right, in our sole discretion, to suspend or terminate your use or access to all or any part of the Platform, including if we believe you are abusing the use of the Platform in any way, have breached these Platform Access Conditions or Product + Service Conditions or are no longer an active user of the Platform.
MATERIAL OF USER
7.1 By uploading, transmitting, posting or otherwise making available any Material via the Platform (where permitted), you:
7.1.1 grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
7.1.2 except where expressly stated otherwise, also grant each user of the Platform a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose;
7.1.3 warrant to us that you have the right to grant the above mentioned licences;
7.1.4 warrant to us that the Material does not breach these Platform Access Conditions; and
7.1.5 unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
7.2 We reserve the right (but have no obligation) to:
7.2.1 review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates these Platform Access Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
7.2.2 monitor use of the Platform and store or disclose any information that we collect, including in order to investigate compliance with these Platform Access Conditions or for the purposes of any police investigation or governmental request.
7.3 We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Platform by any person other than us.
7.4 For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Platform simply by facilitating others to post, transmit or make Material available, nor do we endorse any opinion, advice or statement made by any person other than us.
THIRD PARTY WEBSITES + ADVERTISING
8.1 The Platform may feature or display links and pointers to websites operated by third parties, which are provided solely as a convenience to you. Such websites do not form part of the Platform and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such website, you leave the Platform entirely at your own risk.
8.2 You must not link to the Platform from any other website (or otherwise authorise any other person to link from a third party website to the Platform) without our prior written consent.
8.3 The Platform may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
8.4 If you contact a person using functionality provided on the Platform, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant person.
9.1 You assume total responsibility for your use of the Platform and any linked independent third-party websites.
9.2 Except where expressly stated otherwise, Content on the Platforms is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
9.3 We do not make any representation or warranty that any Content on the Platform will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
9.4 We will not be liable for loss resulting from any action or decision by you in reliance on the Content on the Platform, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
9.5 You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Platform in any circumstance.
9.6 Your sole remedy against us for dissatisfaction with the Platform or any Content or Material is to stop using the Platform.
EXCLUSIONS + LIMITATIONS
10.1 All express and implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to use of the Platform and these Platform Access Conditions, that are not contained in it, are excluded to the fullest extent permitted by law.
10.2 Any liability arising in relation to your use of the Platform, however arising and whether for consequential loss or otherwise, including any liability arising by virtue of any representation, statutory guarantee or warranty, whether express or implied by law, is hereby excluded to the fullest extent permitted by law.
10.3 No warranty or representation is given and we will not be liable for:
10.3.1 alterations to or interference with the Platform;
10.3.2 damage, loss or failure caused by unusual or non-recommended use or application of the Platform; or
10.3.3 loss caused by any factors beyond our control.
10.4 We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) of whatever nature howsoever arising in connection with the Platform.
10.5 Subject to the foregoing, our total liability for breach of these Platform Access Conditions and with respect to use of the Platform is A$1.00.
NOTICE OF INFRINGEMENT
If you wish to send us a copyright infringement notification, you will need to identify the Content or Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information.
11.1 You must sign the notice and send it to firstname.lastname@example.org.
12.1 Indemnity: You indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of your use of, access to, conduct in connection with the Platform and any breach or alleged breach of these Platform Access Conditions.
12.2 Lawful purpose: You shall ensure that the Platform is used by you only for lawful purposes and in accordance with any applicable laws.
12.3 Binding: These Platform Access Conditions shall bind our successors, administrators and permitted assigns and your executors and permitted assigns, or, being a company, its successors, administrators and permitted assigns.
12.4 Assignment: We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Platform Access Conditions. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Platform Access Conditions without our prior written consent.
12.5 Severability: Each clause in these Platform Access Conditions is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
12.6 Waiver: No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
12.7 Governing law: These Platform Access Conditions shall be governed by the laws of each state and territory of Australia.
INTERPRETATION + DEFINITIONS
13.1 Personal pronouns: Except where the context otherwise provides or requires:
13.1.1 the terms we, us or our refers to Social Phix Pty Ltd (ACN 626 356 778) trading as Trading In Style or its assignee or successor in title (as the case may be); and
13.1.2 the terms you or your refers to a user of the Platform.
13.2 Defined terms: In these Platform Access Conditions, unless otherwise provided, the following terms shall have their meaning as specified:
Affiliated Entitiesmeans our subsidiaries, affiliates, Related Bodies Corporate, associated entities and relevant partners as the case may be or the context requires from time to time.
Contentmeans all text, graphics, user interfaces, visual interfaces, photographs, illustrations, audio, video, trademarks, logos, sounds, music, artwork and computer code including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such content contained on the Platform which is owned controlled or licensed by or to us and is protected by Intellectual Property Rights.
Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
Material means any material in which you have Intellectual Property Rights provided by you for use on the Platform or in the production, development and supply of the Products + Services to you including, but not limited to, text, illustrations, photographs, audio, video, any combination of these or other material.
Platform Access Conditions means these terms and conditions of access to the Platform and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Platform, as amended from time to time.
Platform means www.tradinginstyle.com (as applicable).
Products + Services means the supply of products or services of or by Trading in Style or its Affiliated Entities from time to time.
Products + Services Conditions means relevant and applicable terms and conditions for the supply of Products + Services.
Related Bodies Corporate has the meaning given in section 50 of the Corporations Act 2001 (Cth).