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Terms and Conditions of use

WEBSITE TERMS OF USE

These terms govern the use of www.kidsformalshop.com.au ("this website"). By accessing, using, browsing, registering with or contributing to this website and any other area of our website where you can post submissions or reviews or ask questions, you agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. If you do not agree to these terms in their entirety, you must not use this website. These website Terms of Use (including where applicable, our Privacy Policy, Returns and Refunds Policy and our terms and conditions for the sale of Product on the Kids Formal Shop website) set out the entire agreement between you and Kids Formal Shop and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.

Copyright and Trademarks

This website and all material provided on this website are owned or licensed by Kids Formal Shop, P.O.Box 3243 Lansvale NSW 2166 Australia, including the "look" and "feel" of the website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements. Except where necessary for viewing the material on this website on your browser, or as permitted under the Australian Copyright Act 1968 (Cth), or other applicable laws or these terms and conditions, nothing on this website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Kids Formal Shop.

Various trade marks displayed on this website (whether registered or otherwise) are owned by Kids Formal Shop, P.O.Box Lansvale NSW 2166 Australia. Other product and company names mentioned on this website may be the trademarks of other people or entities. The trade marks displayed on this website must not be used or reproduced without the prior permission of the relevant owner. If you would like to request permission to use photography or other content from this website for business purposes, please contact us via email.

Disclaimer

The information contained on this website is provided by Kids Formal Shop in good faith. To the best of Kids Formal Shop's knowledge, the information is accurate and current. However, this site and its contents are provided to you on "as is" basis. The site may contain errors, faults and inaccuracies and may not be complete and current. Kids Formal Shop and its related bodies corporate, and their directors, officers, employees, and agents ("Kids Formal Shop's Associates") make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

Limitation of Liability

Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Kids Formal Shop or Kids Formal Shop's Associates in connection with product or services supplied to you will, at the election of Kids Formal Shop, be limited to:

• In relation to product, the replacement or repair of the product, the supply of equivalent product, the payment of the cost of replacing or repairing the product or the payment of the cost of obtaining equivalent product; and

• In relation to services, the supply of the services again or the payment of the cost of having the services supplied again.

The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in New Zealand, under the Consumer Guarantees Act 1993). Subject to any non-excludable liability (including under consumer laws), Kids Formal Shop will not otherwise be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury or negligence resulting from use of product or services supplied to you, or on your behalf, through this website.

Virus Warning

All care is taken to ensure that this website and data transmissions are free from viruses. However Kids Formal Shop cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on this site, and you release Kids Formal Shop entirely of all responsibility for any consequences of its use.

Use of Cookies

Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser, you may not be able to fully experience all features of this website.

This site may be accessed from Australia or overseas. Kids Formal Shop makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.

Only you and Kids Formal Shop shall be entitled to enforce these website terms. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these website terms, whether by virtue of legislation or otherwise.

Ownership of Submissions

Other than personal information which is subject to our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Kids Formal Shop on or through the website or otherwise disclosed, submitted or offered by you (collectively, "Submissions") shall become and remain the property of Kids Formal Shop once submitted. You must comply with the content standards for Submissions set out in these terms. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines. You warrant that you have the right to grant to Kids Formal Shop the rights set out in these terms in respect of your Submissions.

Social Networking Sites

These terms also govern any Submissions you make on any Kids Formal Shop related third party website or page such as our Facebook page, YouTube or other social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Kids Formal Shop or its employees and Kids Formal Shop is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these terms and the third party social networking sites terms of use, as applicable.

Intellectual Property Rights

A disclosure, Submission or offer of any Submissions and your agreement to these terms and conditions shall constitute an assignment to Kids Formal Shop of any intellectual property rights in the disclosure submission. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make submissions on any Kids Formal Shop related third party website or page, you must comply with the content standards set out below (including the spirit of those standards) and with these terms. Any third-party advertising on Kids Formal Shop pages of third party social networking sites are not the responsibility of, or endorsed by, Kids Formal Shop. All rights, including copyright on Kids Formal Shop pages are owned by or licensed to Kids Formal Shop. Any use of any Kids Formal Shop social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Kids Formal Shop. All worldwide rights reserved.

Confidentiality

Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the submissions for any lawful purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any Kids Formal Shop related third party social networking site or page constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right (but no obligation) to remove any submissions you make on our website if, in our opinion, such submission does not comply with the content standards set out below (including the spirit of those standards).

RULES FOR SUBMISSIONS

1. Please be polite and clear. 
a. You confirm that the Submission is your own and that the content does not infringe the material, trademarks or intellectual property rights of others.
b. If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.


2. Submissions should not include:
a. profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
b. comments about other reviewers or bloggers
c. remarks making criminal accusations, or false, defamatory or misleading statements
d. material which impersonates others
e. spam or advertising
f. third party brand names or trade marks
g. personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
h. HTML code, computer script or website URLs
i. availability, price or alternative ordering or delivery information
j. information about Kids Formal Shop suppliers or manufacturers


3. Kids Formal Shop, in its absolute discretion, reserves the right to:
a. not publish the Submission or remove it
b. take any appropriate action if deemed necessary
c. remove reviews which relate to seasonal products which are no longer in season

Please let us know if you see any submissions that do not comply with our rules.

Electronic Communications

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that communications be in writing. If located in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.


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