This Website is operated by Jamie Christine Collins ABN 51 243 184 345 trading as My Glow Darwin (My Glow, We, Us).
These terms and conditions (Terms) apply to the use of this Website and any Services provided through the Website with the domain name www.myglowdarwin.com.au (Website).
These Terms comprise the entire agreement between My Glow and You in relation to use of the Services and create a binding legal contract between You and My Glow.
My Glow recommends that You read these Terms carefully. Your use of this Website, and any provision of Services through it, are subject to these Terms and all applicable laws. By using this Website in any manner, including but not limited to visiting or browsing the Website, You agree to be bound by these Terms, including those additional terms and conditions and policies referred to herein and/or available by hyperlink. These Terms apply to all users of the Website. If You do not understand or accept these Terms, You must exit this Website immediately.
2. DEFINITIONS AND INTERPRETATION
In these Terms:
“Content” means any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials;
“Garments” means garments and/or fashion accessories;
“GST” means the goods and services tax as imposed by the GST Law;
“GST Law” has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time and any regulation made under that Act;
“Hire period” means means the period commencing from time and date agreed for collection of the Garment(s) from My Glow or delivery to Australia Post for express delivery to You, to the day the Garment is to be returned to My Glow. For interstate clients, the end date is the date on which it is posted back to My Glow.
“Hire Fee” (“hire price”, “price”) means the cost of the hire of the Garment excluding GST as agreed between My Glow and You.
“Liability” means liability in or for breach of contract, breach of duty, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any clause of these Terms;
“Client” means a registered user of the Website who has applied and has been approved by My Glow Darwin as a client;
“Order” means an order to hire Garments through the Dress Hire Section using EFT, PayPal, vouchers or cash;
“Services” means all or any of the services provided by Jamie Christine Collins ABN 65 134 688 515 trading as My Glow Darwin via the Website (or via other electronic communications from My Glow Darwin) including but not limited to dress hire, spray tanning, makeup services, information services, content and transaction capabilities on the Website.
“Third Parties’ Sites” means Websites operated by third parties and available through or linked to the Website;
“You” or “Your” means a user, client, visitor of the Website and includes My Glow’s customers and clients.
In these Terms, unless the context requires otherwise:
(a) words importing the singular include the plural and vice versa;
(b) words importing any gender includes the other genders;
(c) references to persons include corporations and bodies corporate;
(d) references to a person include the legal personal representatives, successors and permitted assigns of that person;
(e) a reference to legislation includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(f) references to this or any other document include the documents as varied or replaced;
(g) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes telex, facsimile transmissions and electronic mail;
(h) references to mail includes information sent or received by facsimile or electronic transmission;
(i) an obligation imposed on two or more persons shall bind them jointly and severally;
(j) if a word or phrase is defined, cognate words and phrases having corresponding definitions; and
(k) headings are inserted for convenience only and do not affect the interpretation of these Terms.
3. AMENDMENTS TO TERMS
My Glow reserves the right to amend these Terms from time to time. Amendments will be effective immediately upon their being posted on its Website. Although My Glow will endeavour to notify clients of changes to these Terms prior to the changes occurring, it is Your responsibility to regularly check the Website for any changes. Your continued use of the Website will amount to an agreement by You to be bound by these Terms as amended from time to time.
4.1 Use of Website
You do not need to register to use much of the functionality of the Website or access much of the Services. However, You must register in order to hire garments and book appointments on the Website.
The registration process will require You to provide Your name, contact details, email address and delivery address. If at the time of registration, You want to place an Order, You will be required to supply credit card details, address where the card is registered and PayPal. You will also be required to confirm Your acceptance of these Terms. Registration is free, but non-transferable.
4.3 Password and My Glow Darwin account
Once You have completed the registration process, Your login details will be the email address and password you have selected. You agree to keep Your password secure. You are fully responsible for all loss and damage resulting from Your failure to protect Your password. You agree to immediately notify My Glow Darwin of any unauthorised use of Your password or any breach of security. You also agree that My Glow Darwin is not liable for any loss or damage arising from Your failure to keep Your password secure. You agree not to provide Your username and/or password information to any other person other than My Glow Darwin without My Glow Darwin’s express written permission.
In registering and providing Your details, You represent and warrant to My Glow Darwin that:
(a) You are at least 18 years old and have the power and authority to enter into a binding contract with My Glow Darwin and with My Glow Darwin’s suppliers;
(b) Alternately, you are aged between 13 and 18 years, you have the consent of your parent/guardian and they have agreed to be bound by these Terms on your behalf. Dress hire will not proceed until you provide their contact details and this agreement is confirmed in writing;
(c) The information provided by You is true, accurate, current, and complete; and
(d) You will maintain and promptly update this information to keep it true, accurate, current and complete.
4.4 Termination of Registration
My Glow Darwin reserves the right to terminate Your registration at any time and for any reason including if My Glow Darwin believes that You have breached any of these Terms, or that any of the information that You have submitted to us is untrue.
5. HIRING GARMENTS FROM MY GLOW DARWIN
My Glow Darwin is an online second-hand Garment store advertising clothes for hire and appointments for tanning and makeup to clients who pay via credit card, EFT, PayPal or cash.
(b) Hiring Garments
My Glow Darwin provides a live online calendar on its Website which shows the availability of Garments. You can hire from My Glow Darwin by selecting a Garment and making an Order to hire the Garment for Your nominated dates by clicking “Add to Cart”.
By clicking “Add to Cart”, You agree to pay all fees and charges associated with the hiring of the Garment. When You place an Order and the Order is accepted, You will receive an acknowledgement e-mail confirming receipt of Your Order. The fees and charges to hire the Garment will include but are not limited to the hiring fee and delivery charges.
If the Garment becomes unavailable (due to damage or late return by another Client), My Glow Darwin will notify You as soon as reasonably possible. In that event, You can either hire another Garment or have the debited funds remitted to Your credit card or to Your account (whichever is applicable).
Despite My Glow Darwin’s reasonable efforts, prices and/or information for Garments may be listed incorrectly. My Glow Darwin reserves the right at any time to cancel the transaction, notwithstanding that Your Order has been confirmed and Your credit card has been charged. In such circumstances, any debited funds will be remitted to Your credit card or to Your account (whichever is applicable).
(d) Pick-ups & Delivery of Garments
You may collect the garment from My Glow Darwin at an agreed time when you place your order. Alternately, My Glow Darwin will arrange for the delivery of the Garments to the delivery address nominated by You (Delivery Address) using Australia Post Express delivery with a tracking number. Risk in the Garment passes to You upon delivery to the Delivery Address and terminates upon receipt of the Garment from You by My Glow Darwin. All delivery dates and times provided by My Glow Darwin are estimates only. You agree that a delay in delivery of the Garment will not entitle You to terminate the Order and/or to claim for any consequential loss or damage. My Glow Darwin may refuse delivery of the Garment if it reasonably considers the Delivery Address to be too remote or inaccessible.
(e) Lost, Stolen or Damaged Garments
When Garments are returned damaged or soiled, My Glow Darwin may at its sole discretion repair and/or clean the Garments and charge You for those repairs and/or cleaning. If My Glow Darwin considers the Garments to be beyond economical repair and/or cleaning, My Glow Darwin will charge You the full replacement value of the Garments. The replacement value of the garment will be advertised when hiring, and by accepting these Terms when You place your order, You agree to the replacement value if the Garment is lost or damaged after the Garment left My Glow Darwin..
(f) If the Garments are lost or stolen whilst within Your possession or control, You will be charged the full replacement value of the Garments, as well as all applicable charges. You authorise My Glow Darwin to charge any additional charges to Your credit card if the Garments are returned late, lost, stolen and/or unreturned.
(g) If the Garments do not accord with Your Order or if it is alleged that they are defective or damaged, You must notify My Glow Darwin of any claim within 2 hours after receipt of the Garments. Where Garments are defective or damaged, My Glow Darwin may, at its sole discretion, request for the return of those Garments and provide You with a Credit to the value of the Hiring Charges, and/or charge back to your credit card the amount charged for hiring, provided always that the Garments have not been worn, used or soiled or otherwise further damaged.
(h) Late Return of Garments
The My Glow Darwin hire period is four (4) days or (8) days (the first day being the date of attempted delivery of the Garments to You). If You choose to keep the Garments for more than your nominated hire period, then You will be charged an amount equivalent to the Hiring Charges for every four (4) day period or part thereof for which the Garments are not returned to My Glow Darwin. You must ensure that the Garments are returned to My Glow Darwin:
(i) by the date advised by My Glow Darwin;
(ii) in the same condition delivered to You (excluding fair wear and tear); and
(iii) using the pre-paid return postage envelope with a tracking number or other means provided to You by My Glow Darwin. You are responsible for emailing the tracking number to My Glow Darwin and any other relevant information.
6. MAKEUP & SPRAY TAN SERVICES FROM MY GLOW DARWIN
6.1 Bookings generally
Makeup application or spray tan may be made with up to 2 hours’ notice if places are available. The booking is fully secure upon email confirmation of payment of a deposit.
6.2 Wedding makeup
All Wedding makeup Bookings Require a 50% deposit to secure your reservation and require a minimum of 6 weeks’ notice to cancel your booking, otherwise your deposit will be charged as a cancelation fee.
6.3 Cancelation Policy
To secure your booking, payment of 50% of the deposit is required in full at the time of booking. If for any reason you need to cancel your makeup application, please notify us via email 72 hours prior to your scheduled appointment. A cancelation fee applies if the appointment is cancelled with less than 72 hours’ notice. At that time, you wish to change your appointment, we will try to reschedule your booking or refund your full deposit.
6.4 Makeup Appointments
All makeup appointments and bridal trials require a $50 deposit, and a minimum of 72 hours to cancel or reschedule your booking, otherwise your deposit will be charged as a cancellation fee. If no deposit is taken at the time of booking your makeup appointment, then a cancellation fee still applies if less than 72 hours’ notice is given.
6.5 Payment – Spray Tan
Payment must be made upon booking your appointment, NO exceptions. To book an appointment you must either have credits in your account or pay 50% deposit at the time of booking.
6.6 Payment – Wedding Makeup
Once a deposit has been received to the nominated account, an invoice will be sent to your email. The balance stated is to be finalized the week or day of your makeup appointment or wedding booking. Payment types include, Direct Deposit into nominated account and cash. Should direct deposit payment method be chosen, you are required to email firstname.lastname@example.org a payment receipt provided to you by your bank.
6.7 Personal Information
My Glow Darwin requires information on whether the client has allergies. In no event, shall My Glow Darwin have any liability for incidental, or consequential damages however characterized, for example eczema, sensitive skin and eyes.
My Glow Darwin reserves the right to take photographic or film records of any of our makeup applications and may use any such photographs for promotional and/or commercial purposes - only with you consent, of course. In the event that your photograph is posted to any of our social media platforms, and you want the photograph taken down, email Us at email@example.com
6.9 My Travel and Accommodation Costs
All costs for travel to a booked event are to be paid by You. Costs may include, but not limited to: airfare, hotel, transportation and parking.
All costs for travel to a booked event are to be paid by You.
As part of My Glow Darwin’s service to You, if You have any problem concerning Your Order (whether as to quality, fitness for purpose, delivery, quality, quantity or otherwise of the supplied Garments), You should direct Your complaints and enquiries to My Glow Darwin.
Despite My Glow Darwin’s reasonable efforts, prices and information may be listed incorrectly. My Glow Darwin reserves the right at any time to cancel the transaction, notwithstanding that Your Order has been confirmed and Your credit card has been charged. In such circumstances, any debited funds will be remitted to Your credit card or to Your account (whichever is applicable).
9.1 Specific warnings
You agree to use the Website for lawful purposes only. You must ensure that Your access to the Website is not illegal or prohibited by any laws that apply to You. You must take Your own precautions to ensure that the process that You employ for accessing the Website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. For the removal of doubt, We do not accept responsibility for any interference or damage to any computer system that arises in connection with Your use of the Website or any linked Website.
9.2 Identity of other users
You acknowledge that We cannot confirm the identity of other registered users or prevent them acting under false pretenses or in a manner that infringes the rights of any person. Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ Websites) rests solely with the advertisers. The placement of such advertisements does not constitute an endorsement by My Glow Darwin of the advertisers’ products or services, and each advertiser is solely responsible for any representations made in connection with its advertisement.
Copyright in all of the contents of the Website and other My Glow Darwin Social Media platforms (including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to My Glow Darwin. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in Your location, and except as expressly authorised by these Terms, You may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any information or thing available from the Website; or
(b) commercialise any information, products or services available or obtained from the Website, without our written permission.
9.4 Restricted use
Unless We agree otherwise in writing, You are provided with access to this Website only for Your personal use, only. You are authorised to print a copy of any information contained on this Website for Your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, You may not without our written permission on-sell information obtained from this Website or use it for commercial purposes.
You must ensure that Your access to this Website is not illegal or prohibited by any laws which apply to You or which apply in the location from which You are accessing this Website.
9.5 Linked Websites
9.6 Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst We strive to protect such information, We do not warrant and cannot ensure the security of any information that You transmit to us. Accordingly, any information that You transmit to us is transmitted at Your own risk. Nevertheless, once We receive Your transmission, We will take reasonable steps to preserve the security of such information.
9.7 Termination of access
Access to this Website may be terminated at any time by Us without notice. Our disclaimer will nevertheless survive any such termination.
You must notify My Glow Darwin within seven (7) days of the date of any disputed invoice or account. If You dispute an invoice or account You must continue to pay all other undisputed invoices and accounts and must not set off, suspend or withhold payment of them.
All amounts quoted in the Website are in Australian dollars (AUD).
Any waiver of our rights under these Terms must be in writing. If We waive any rights available to us under these Terms on one occasion, this does not mean that those rights will be waived on any other occasion.
If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
Nothing in these Terms is taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any party.
We may transfer or sublicense our rights and obligations under these Terms but You may not.
My Glow Darwin may sub-contract all or any part of its performance of its obligations under these Terms to another suitably qualified person, or third party.
Any communication or purported communication made by You or any person purporting to be You (whether fraudulent or not) can be relied upon by My Glow Darwin as if it were given by You or with Your authority.
9.10 Jurisdiction and Law
Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in the Northern Territory. By accessing this Website, You consent and submit to the jurisdiction of the Courts of Northern Territory in all matters arising out of or in connection with Your use of this Website and terms.
9.11 Dispute Resolution
If You have a concern please contact My Glow Darwin and We will endeavour to assist. If We are unable to fully address Your concern, We ask You to lodge a formal complaint in writing. We commit to responding to You within two business days (Darwin time).
My Glow Darwin will respond in writing to You in an attempt to address and rectify any concerns.
If You are still dissatisfied, My Glow Darwin will assist You in an attempt to finally resolve Your concerns.
10. CONTACT US
How to contact us:
Write to us via email: firstname.lastname@example.org.