1. Overview
We, Romy operating under The Trustee for After Eight Unit Trust (“Romy“) are an online fashion retailer (Service).
The website located at romythebrand.com (Site) is owned and operated by us. Please read these terms (Terms) and our Privacy Policy (here) carefully as they govern your access to and use of the Site.
These Terms may be amended by us at any time, and by continuing to use the Site, you accept the Terms as they apply from time to time.
2. Use of Site
2.1 Personal use only
You may view the Site using a web browser or mobile device, and electronically copy and print hardcopies of parts of the Site solely for your personal, non-commercial use.
Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance of the content on the Site is strictly prohibited.
You must not modify or copy the layout of the Site or any computer software and code contained in the Services.
2.2 Must not interfere with the Site
You must not:
a. interfere with or disrupt the Site, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
b. restrict, or attempt to restrict, another user from using or enjoying the site; or
c. encourage or facilitate violations of the Terms
3. Materials
We may present information and content, including articles, opinions, information and commentary on the Site (Materials).
The Materials are for your personal use only and may not, without our prior written consent, be:
a. resold or redistributed in any material form;
b. stored in any storage media; or
c. retransmitted via any media.
4. User Content
4.1 General
We do not claim ownership of any content you add or post onto the Site or send to us, including any comments, enquiries or other contributions you may make in response to the content of our Site (User Content). Instead, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the User Content, whether on this Site, another Site we own or control or in any hardcopy form.
You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third party consents in the same manner.
User Content must be accurate, truthful and genuine, provided for information purposes. We do not have the ability to verify the accuracy or otherwise of the User Content.
4.2 Security of Content
We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the User Content from unauthorised access or use by a third party or misuse, damage or destruction by any person.
However, given the nature of the internet, we do not guarantee and cannot ensure the security of User Content and we expressly exclude liability for any such loss, however caused.
We recommend you take proactive means to protect your computer system from potential hazards by installing firewalls, anti-virus software and other security applications
4.3 Prohibited content
You must not create or generate any User Content:
a. unless you hold all necessary rights, licences and consents to do so;
b. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
c. that we consider inappropriate, defamatory, offensive, abusive, indecent, illegal or disparaging;
d. that would bring us into disrepute; or
e. that infringes the rights, including intellectual property rights, of any third party.
4.4 Blocking
We reserve the right to remove or block any User Content that violates our Terms.
5. Third Party Links
The Site may contain links to other websites owned and operated by third parties, which are not under our control (Third Party Links).
Third Party Links are provided as a convenience to you and the existence of such links on the Site does is not an endorsement of those Third Party Links.
We are not responsible for the content or material contained on any Third Party Link.
6. Intellectual property rights
We or our licensors reserve all intellectual property rights in the Site and the Materials.
All content appearing on the Site, and the Site itself, is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs without our prior consent is prohibited.
Nothing in our Terms constitutes a transfer of any intellectual property rights.
All the trademarks, trade names, business names, images and logos (Marks) identified and utilised on the Site belong to their respective owners and are used by us as either owner or licensee. You must not use, reproduce, copy, republish, upload, transmit, post or modify these Marks in any way, unless otherwise authorised by the owner in writing.
7. Privacy
We will collect, use and disclose any personal information you provide us when using the Site in accordance with our Privacy Policy.
For more information on our information collection and handling practices, please view our Privacy Policy here.
8. Disclaimer
The Site, Materials, and Third Party Links are provided to you on an ‘as is’ and ‘as available’ basis. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the Site, Materials or Third Party Links.
We do not endorse or support any User Content and reliance on any such information is at your own risk.
We reserve the right to change, suspend or discontinue any aspect of the Site, including removing any Materials, User Content or Third Party Links, at any time and without notice to you.
You are responsible for considering the appropriateness of the Site for your intended application and use and we give no warranty, guarantee or representation that the Site is suitable for or meets your requirements.
You alone are responsible for your User Content.
We are not responsible or liable for the conduct of any user. We reserve the right to monitor or become involved in any dispute between you and another user.
9. Exclusions and limitation of liability
To the fullest extent permitted by law, we are not liable to you for any loss or damage you may suffer or incur in connection with your access and use of the Site.
To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.
Any limitations or exclusions do not apply to our liability for loss suffered or incurred by you for:
a. fraud or other unlawful acts;
b. gross negligence; or
c. liability that cannot be limited or excluded by law, including under the Australian Consumer Law.
10. Indemnity
You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site, Materials, any User Content, your breach of the Terms or your breach of any rights of third parties.
We reserve the right to assume exclusive control of any matter for which you are required to indemnify us and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by us.
11. Contact us
If you wish to contact us or make a complaint, please contact us at hello@romythebrand.com.
12. Variation to the Terms
We may vary, amend or otherwise modify the Terms at any time (New Terms).
We will publish the New Terms on the Site, at which time they will be effective.
Your continued use of the Site following posting of the New Terms constitutes your acceptance of the New Terms.
13. Severability
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
14. Jurisdiction
The Terms are governed by the laws in force in Tasmania, Australia.
You and we submit to the exclusive jurisdiction of the courts of Tasmania, Australia.
Last update of these Terms of Use: March 2023.