Terms and Conditions
1. About this website
This is a website operated in Australia, for Australian residents, by Carramar Technologies Pty Ltd, trading as Missy Confidential, Missy Confidential Kids, (ABN - 60 134 596 115) under the domain name " http://www.missyconfidential.com.au ", (hereinafter referred to as the "website") identified by the local website page set up to provide access to the website (hereinafter referred to as the "Home page") addressed at http://www.missyconfidential.com.au.
3. Your access/use implies agreement
4. Certain other actions imply agreement to additional terms
Certain actions, payment or agreement on your part may mean that such services are additional to the normal terms and are subject to a separate agreement. When this happens you shall be offered additional terms through a hyperlink associated with these additional services. Since you are also bound by these additional terms, you should review them wherever they are offered to you.
5. Receiving email newsletters
By joining our mailing list at http://www.missyconfidential.com.au/subscribe-missy.php, you are agreeing to receive emailed sale alerts one-two times a week from Missy Confidential. The content of these newsletters will be information on studio and warehouse sales, as well as discounts on third party websites. You may unsubscribe any time using the following link. http://www.missyconfidential.com.au/unsubscribe.php
From time to time, Missy Confidential may also send you email from our sponsors. These emails will be for fashion, beauty or lifestyle offers. The content of these emails was selected to match our fashion and lifestyle offer focused email themes. By joining our mailing list, you agree to accept these third party emails, introduced by Missy Confidential.
6. Limited license
Missy Confidential grants you a limited, personal, non-transferable, non-sub-licensable, revocable license to:
(a) access and use the website, content and services only; and
(b) access and use the website, content and services in the manner presented by Missy Confidential only.
None of the content and/or information may be reverse-engineered, modified, reproduced, republished, translated into any other language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Missy Confidential. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted to do so by Missy Confidential.
7. Modifications to the Terms
8. Modifications to the information
While Missy Confidential has made every effort to ensure that information on the website is free from error, Missy Confidential does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Missy Confidential. Missy Confidential recommends that you seek independent advice before acting upon material on this website.
9. Errors and problems
While Missy Confidential has made every effort to ensure that systems and information available on the website is and shall be free from error, Missy Confidential does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
With respect to any personal information (related to you or to any other person) provided by you to Missy Confidential, you represent to Missy Confidential that you consent to and have obtained all necessary consents for the processing of such personal information, including the transfer of such information to Australia to be handled by Missy Confidential in a manner as required by the Privacy Act, regardless of the privacy requirements and provisions of its state and country of origin or your or your associate's state and country of residence.
11. Selection of Winners
Missy Confidential runs competitions on behalf of sponsors, and entry is open to Australian residents only.
For 25 words or comment competition, all competition entries are read, and finalists are selected on A. Creativity of answer, and B. Accuracy of spelling and grammar.
From these finalists, The Missy Confidential competition panel of 5 individuals vote on their preferred entrants. A winner (or winners) is then selected by calculating the most popular entry (or entries) over all.
Some compettions are a game of chance, and in this case, Missy Confidential will use random.org to select a winner.
12. License and Ownership
Any and all intellectual property rights (hereinafter called "intellectual property") associated with the website and its material and contents (hereinafter called the "content") are the sole property of Missy Confidential. The copyright for the content on this website is owned or licensed by Missy Confidential and is protected by copyright and other laws in both Australia and other countries.
13. Outbound links
The website may contain links to third-party websites and resources (hereinafter referred to as "linked sites"). These linked sites are provided solely as a convenience to you and not as an endorsement by Missy Confidential of the content on such linked sites. Missy Confidential makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any linked site.
Missy Confidential recommends that you review such terms before using the linked site. To the fullest extent possible at law, Missy Confidential makes no warranties or representations: regarding the quality, accuracy, merchantability or fitness for purpose of third party material or products or services available through linked sites; or that third party material available from a linked site does not infringe the intellectual property rights of any person. Without impacting its ability to exclude itself from such responsibilities and warranties Missy Confidential may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Missy Confidential website.
14. Inbound links
Missy Confidential generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Missy Confidential. However, linking to any other page of the website is strictly prohibited, in the absence of a separate agreement between you and Missy Confidential that clearly describes the rights and responsibilities of linking to other pages. Any website or other device that links to the Home page or any page available therein is prohibited from:
(a) replicating content, and/or
(b) using a browser or border environment around the content, and/or
(c) implying in any fashion that Missy Confidential is endorsing it or its products, and/or
(d) misrepresenting any state of facts, including its relationship with Missy Confidential and/or
(e) presenting false information about Missy Confidential products or services, and/or
(f) using Missy Confidential logo(s) or trademark(s)
without express written permission from Missy Confidential
While not refusing to accept ideas from you regarding information available on the website (hereinafter called "comments") Missy Confidential does not encourage you to make such comments.
If you do send such comments, you acknowledge that:
(a) they will not be considered confidential or proprietary, and
(b) Missy Confidential is under no obligation to keep such information confidential, and
(c) Missy Confidential will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
16. Disclaimer of Warranties
To the fullest extent permitted by law Missy Confidential makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
17. Limitation of Liability
To the fullest extent permitted by law and to the extent that Missy Confidential is otherwise found responsible for any damages, Missy Confidential is responsible for actual damages only. In no event shall Missy Confidential be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
Unless expressly agreed otherwise:
(a) the Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of New South Wales, Australia; and
(b) the International Section is provided for use by residents of any country in the world, but to the fullest extent permitted by law the law applicable to use of the International Section and to disputes arising out of the International Section is the law of the State of New South Wales, Australia.
19. Contact Us
Questions or comments regarding the Website may be submitted to Missy Confidential Customer Service at http://www.missyconfidential.com.au/contactus.php
COMPETITIONS: Further terms and conditions
(1) Terms and conditions of entry to win Tell Your Friends competitions/ Facebook Competitons:
Entrants must sign up to receive a free Missy Confidential e-newsletter by entering their name, email address and postcode, on the subscribe page at www.missyconfidential.com.au/subscribe.php and then click the submit button at the button on the form.
Entrants must also tell at least 1 friend about the Missy Confidential website using the form on the "tell your friends page" at www.missyconfidential.com.au/tell_your_friends.php.
Once using this form and pressing the send button, the entrant sends an email invitation to invite friends to subscribe. The entrant is entered automatically into the competition when at least 1 friend subscribes to the Missy Confidential newsletter at www.missyconfidential.com.au/subscribe.php
Conditions of entry :
(a). Instructions on how to enter and prizes form part of these Conditions of Entry. If there is any conflict between these Conditions of Entry and any other material, then these Conditions of Entry will prevail.
(b). Staff and the immediate families of the sponsor and Missy Confidential, its agencies associated with any companies providing services or benefits to this promotion are ineligible.
(c). There is no limit on the number of times an entrant can enter the competition but each entry will be recorded in accordance with the entry requirements.
(d). The Promoter reserves the right to verify the validity of entries, at any time during or after the closing date, and to disqualify any entrant who tampers with the entry process or who submits an entry that is not in accordance with these Conditions of Entry.
(e) Promotion commences weekly on Missy Confidential, and run for 3 weeks. .
(f). All subscriber based competitions where there is a randomly chosen winner are drawn at the MissyConfidential.com.au Head Offices in Leura, using random.org. The winners will be notified by email and / or phoned - and will be announced on the website of MissyConfidential.com.au on the winners page. The winners names are also published and verifiable on Random.org.
(g). The judge's decision is final and no correspondence will be entered into.
(h). The winner will be randomly selected using a computer based engine from a pool of people who subscribed to the Missy Confidential Newsletter and referred at least 1 friend to missyconfidential.com.au during the promotional period.
(i). The total prize pool for each prize varies. The sponsor is responsible for timely delivery of the prize to all winners.
(j). After the winner has been confirmed and a current delivery address is provided - the prize will be posted to the winner.
(k). Prize is not refundable, non-endorsable or non-transferable.
(l). The promoter may conduct further draws at the same time and place as the original draw as is necessary in order to distribute a prize if unclaimed by that date subject however to any written directions given under Reg 37 of the Lottery and Gaming Regulations 1993 (SA). All unclaimed prize draw winners will be notified by email and the unclaimed prize draw winner of prize will be announced on www.missyconfidential.com.au regularly on the winners page here: www.missyconfidential.com.au/kids/kids-competitions/missy-confidential-winners-page.html.
(m). All entries become the property of the promoter.
(n). If the winner of a prize is under the age of 18 years the prize will be awarded to the winner's parent or guardian.
(o). The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of taking the prize, except for any liability which cannot be excluded by law.
(p). The Promoter is not responsible for any incorrect or inaccurate information, caused by the website user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, technical problems or traffic congestion on the Internet or website, software failure, theft or destruction or unauthorised access to or alteration of entries and any injury or damage to participants or any other person's computer related to or resulting from participation in or down-loading any materials in this competition.
(q). If for any reason this competition is not capable of running as planned (including but not limited to) technical failures, unauthorised intervention, fraud or any other causes beyond the control of the Promoter which corrupts or affect the administration, security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and, subject to any written directions given by the various Lottery Departments, to cancel, terminate, modify or suspend the competition.
(r). Any costs associated with accessing the website is the entrant's responsibility and is dependent on the Internet service provider used. Any contact details entered incorrectly on the website shall be deemed invalid.
(s). The Promoter collects entrants' personal information in order to conduct the promotion. If the information requested is not provided, the entrant may not participate in the promotion. By entering the promotion, unless otherwise advised, each entrant also agrees that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages. If you do not wish to receive information on other products, services and special offers from Missy Confidential (previously Sale Guide) and selected third parties please notify Missy Confidential (previously Sale Guide) in writing or telephone on the below contact details. Entrants' personal information may be disclosed to State and Territory lottery departments and winners' names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter at their address set out below.
(t). The promoter is Carramar Technologies Pty Ltd, trading as Missy Confidential, Kids Confidential, and Covetish, (ABN - 60 134 596 115) under the domain name " http://www.missyconfidential.com.au ", " http://www.kidsconfidential.com.au " or " http://www.covetish.com.
(u). Authorised under LTPS/08/07878 - Approval Advice