When you register and activate your client account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
To create an account, you must be: (a) at least 18 years of age; (b) possess the legal right and ability to enter into a legally binding agreement with us; and (c) agree and warrant to use the website in accordance with these Terms.
We may disclose that information to third parties that help us deliver our products and services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products or services to you.
4. Accuracy, completeness and timeliness of information: The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website.
You should monitor any changes to the information contained on this website. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
5. Pattern Room: Coming soon!
6. Fashion Label Launchpad: We offer the Fashion Label Launchpad program subscription (FLL) to registered clients of our website; this clause 6 applies specifically to FLL.
6.1. To purchase an FLL subscription, you must first register in accordance with clause 2 of these Terms.
6.2. You will then be provided with a number of subscription options for FLL. Once you have selected your preferred subscription option, you must pay the associated subscription fee in full to be given access to the FLL Content.
6.3. If we have made available a payment instalment plan for a selected subscription, this is on the basis that the full subscription fee is a debt that would be immediately due and owing to us, but that we have allowed you to pay off that debt in accordance with the instalment schedule associated with that subscription. If you fail to make any instalment payment by the date it is due, we may: (a) suspend your access to FLL until you have paid; and/or (b) require you to pay the full balance of that debt within seven days of the date of a notice from us requiring you to do so (which we may send you via email to your nominated email address).
6.4. If you have selected our “Kickstarter” subscription option, the payment installment plan associated with that subscription will not take effect until you notify us within the first month of your subscription that you would like to upgrade to the full FLL subscription. If you do not notify us within the first month of your Kickstarter subscription, your subscription will end at the end of that month and you will not be liable for any further subscription fee installments (only being liable for the initial Kickstarter subscription fee, if you have not already paid this to us). You may, however, within three months of your Kickstarter subscription ending, notify us that you would like to activate a full FLL subscription, in which case we will still apply the initial Kickstarter fee you have paid to your full FLL subscription (the payment installment plan arrangements described above applying to the remaining fee installments you will then need to pay us for your full FLL subscription). Kickstarter subscription fees are not refundable, and will cease to be available as credit for a full FLL subscription three months after your Kickstarter subscription expires.
6.5. For the purposes of clause 8 (Intellectual Property Rights) below, your licence to FLL Content is for the period of your Subscription, is non-transferrable and non-exclusive, and is limited to you accessing and viewing FLL Content solely using the website’s functionality to do so. For clarity, you must not share your login credentials with, or otherwise enable, anyone else to access and view the FLL Content; this will breach the licence we grant you to access and view the FLL Content.
6.6. If we have made any FLL Content available for you to download, then in addition to your access and viewing rights described in clause 6.5 above, you may also download and store that FLL Content for you to access and view during your applicable subscription term. If your FLL subscription ends for any reason, you must permanently delete all electronic copies of FLL Content and destroy all physical copies you may have printed, and you must also procure that anyone else who may have electronic or physical copies of FLL Content arising from your expired FLL subscription to do the same. For clarity, you, any additional users or anyone else, must not retain any FLL Content copies after your FLL subscription ends.
6.7. Notwithstanding that your licence to FLL Content is personal to you (as described in clause 6.5 above), you may however request one additional user of FLL Content in writing (advising us of the name and email address of your additional user, which you must have permission from that user to disclose to us for these purposes). If we approve your request (which is in our absolute discretion), we will confirm this in writing, and your additional user’s use of FLL Content in accordance with these terms will be included in the subscription fees paid / payable unless we notify you otherwise. In such case, the licensed use rights granted to you will also be available to that approved additional user, subject always to you being responsible for that additional user’s use of the licensed content as if their use was yours.
6.8. You may end your subscription by giving us notice in writing (including by email, sent from your email address used for your FLL subscription). If you are subject to a fee instalment plan for your subscription, on giving us notice, you must then pay, within seven days of your notice, any fee instalments not yet paid as at that date. Your subscription will then terminate at the end of the then-current subscription period and you may continue to access and view FLL until this time.
6.9. All FLL subscription fees are: (a) inclusive of GST, which must be paid by you at the same time as paying our fees; and (b) non-refundable (whether or not you have used the subscription after paying for it, and regardless of the extent to which you have accessed and viewed FLL Content) subject only to clause 11 below.
6.10.1. Your FLL subscription has ended for any reason; and
6.10.2. we have made available downloadable FLL Content as part of your FLL subscription or we otherwise have reason to suspect you or any additional or other users are accessing or using FLL Content in breach of these terms,
then, within the 12 month period following your FLL subscription ending and upon us giving you at least five business days’ prior notice, we may attend your premises and audit your IT systems, documents and records for the purpose of confirming your compliance with these terms including your obligations to delete and destroy all downloaded FLL Content after your subscription ended. We may appoint a third party auditor to undertake this audit on our behalf. You must reasonably cooperate with all reasonable requests we, or our appointed representative, may make in undertaking any such audit.
7. Linked Sites: Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
8. Intellectual Property Rights: Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, video, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location, and you must not assist or support anyone else’s publication, reproduction or distribution of the Content.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
9. Unacceptable activity: You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to: (a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other legal rights of individuals; (b) using this website to defame or libel us, our employees or other individuals; (c) uploading files that contain viruses that may cause damage to our property or the property of other individuals; or (d) posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, or pornographic, or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
10. Warranties and disclaimers: To the maximum extent permitted by law, including the Australian Consumer Law:
10.1 we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
10.2. You must satisfy yourself that this website and its Content satisfy all the purposes for which you intend to use it; we do not warrant this website or its Content is fit for any specific purpose other than those we have described in the website, unless agreed otherwise in writing with you prior to you first using the website or its Content.
10.3. If we reasonably believe that you are in breach of these terms, we reserve the right to restrict or suspend your access to this website, any Content, or any feature of this website at any time and we will not be responsible for any loss, cost, damage or liability that may arise as a result; if you satisfy us that you have not breached these terms or have fully rectified any breach, we may then reinstate your access.
10.4. You warrant and represent that you are acquiring the right to access and use the website and its Content for the purposes of a business and that any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdictions does not apply to the website, its services or Content, or these Terms.
11. Liability: To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any loss of profits, revenue, goodwill or business, or any indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the Content contained on it, or as a result of the inaccessibility of this website and/or the fact that Content contained on it is incorrect, incomplete or not up-to-date. To the extent we may otherwise be liable, our liability is limited in aggregate to the lesser of $20,000 or the fees you paid for the product or service in respect of which liability arises.
12. Jurisdiction and governing law: your use of the website, its Content and these Terms are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.