WEBSITE TERMS OF USE
WEBSITE TERMS OF USE
This website is owned and operated by Hey Sheila LLC (ABN 37 599 359 411) trading as Sheila The Label (us, we or our).
These terms of use (Terms of Use or Terms) govern your access to, and use of, this website. By clicking the ‘I accept’ icon, you acknowledge that you have read and understood these Terms and agree that they will constitute a binding agreement. If you do not agree to these Terms, do not click on the ‘I accept’ icon..
We may update these Terms of Use from time to time in accordance with paragraph 10.3 below.
These Terms of Use were last updated on 18 April 2023.
Before ordering any products through this website, please read our Terms of Sale.
1. Privacy Policy
1.1. These Terms of Use incorporate our Privacy Policy. You warrant that any personal information you provide to us through this website is accurate and current.
2. Use of this website
2.1. By accepting these Terms, you warrant to us that you are 18 years or over (or otherwise above the age of majority in the place that you use this website) and capable of entering into a binding contract with us and complying with these Terms. If you are under 18 years of age, you warrant to us that you have the permission of your parent or legal guardian to use this website.
2.2. You must not access or use this website (including the Content) in any manner or for any purpose that is illegal, unlawful or contrary to or prohibited by these Terms, including without limitation for any activities which:
2.2.1. breaches any laws or regulations, or violates any applicable standards or codes;
2.2.2. infringes a third party’s legal rights, including rights of privacy or intellectual property rights;
2.2.3. transmits or distributes a virus or any other malicious code into this website, the Content, or any part of this website or the Content;
2.2.4. hacks into, disrupts or otherwise negatively affects this website, the Content, or any part of this website or the Content;
2.2.5. circumvents this website’s structure, presentation or navigational function so as to obtain information that we have chosen not to make publicly available; or
2.2.6. defames, abuses, harasses, stalks, threatens or intimidates others.
3. Intellectual Property
3.1. We own, or are licenced to use, all Intellectual Property Rights in this website and the Content.
3.2. Your use of this website does not grant to you any Intellectual Property Rights in this website or the Content, nor does it grant you any licence or right to use this website or the Content other than as permitted by these Terms.
3.3. Subject to these Terms, we grant to you a non-exclusive, non-transferable, revocable, royalty-free licence to access, view and use this website and the Content, for your personal use and benefit only, provided you comply with these Terms.
3.4. Subject to the limited licence granted in paragraph 3.3, you agree that you will not use this website or the Content in a way which infringes our Intellectual Property Rights. In particular, you must not:
3.4.1. copy, reproduce or replicate the Content;
3.4.2. modify, change or customise the Content in any way, including by removing any copyright notice or altering our trade marks or logos; or
3.4.3. disseminate copies of the Content to third parties.
4. User Content and Third-Party Content
4.1. Our website may include functions that enable you and other users to post or submit feedback, reviews or comments.
4.2. By posting or submitting any feedback, reviews or comments or other content (User Content) to, or through, this website, you agree that:
4.2.1. your User Content complies with these Terms and all applicable laws; and
4.2.2. you are solely responsible for your conduct and for your User Content.
4.3. You must not post or submit any User Content that:
4.3.1. is defamatory or malicious;
4.3.2. is illegal, misleading or deceptive, is obscene, offensive, discriminatory, inflammatory, indecent, depicts nudity, sexual activity or violence, or is unsuitable for children;
4.3.3. infringes, or may infringe, on any property rights of a third party (including rights of privacy or intellectual property rights) without first obtaining the consent of that third party
4.3.4. gives the impression that the content originates from us or is endorsed by us; or
4.3.5. does not otherwise comply with these Terms.
4.4. We have the right to monitor or moderate your User Content or any feedback, reviews or comments posted or submitted by any other person (Third Party Content) to, or through, this website, but we have no obligation to do so.
4.5. Third Party Content posted or submitted to this website is the responsibility of those users. You agree that we are not responsible for any Third Party Content or for any material on any Third Party Websites linked through this website.
4.6. We do not support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Third Party Content posted or submitted to this website.
4.7. We may edit, delete or remove any of your User Content or Third Party Content at any time without giving explanation or justification for editing or removing such content. We reserve the right to block or prevent any person from accessing this website, or take any other action we consider appropriate, if we believe that the person has breached, violated or disregarded any of these Terms.
4.8. You agree to indemnify us and our related corporations, affiliates, officers, directors and employees from any claim, demand or costs arising out of your breach of these Terms, including the posting of any User Content in breach of clause 4.3.
5. Links
5.1. This website, including our Content, may include links to other websites not owned or controlled by us (Third Party Websites). Third Party Websites are subject to the terms and conditions outlined by that third party.
5.2. Unless otherwise expressly stated by us, any links to Third Party Websites do not indicate a relationship between us and the third party or indicate any endorsement or sponsorship by us of the Third Party Website, or the goods or services it provides.
6. Liability
6.1. You agree that your access and use this of this website, including the Content, is at your own risk. While we have taken reasonable steps to ensure that all details, descriptions, and prices which appear on this website are accurate and up to date, we make no representations, warranties or guarantees that the information appearing on this website is accurate or error free. You acknowledge that the material, including the Content, on this website is provided for your general information purposes only, and that any reliance on the material on the website is at your own risk.
6.2. We reserve the right to modify the contents of this website at any time, but we have no obligation to do so. If we discover an error or inaccuracy in the details, descriptions or pricing information, we may at any time without notice to you correct such errors or inaccuracies. You agree that it is your responsibility to monitor changes to our website.
6.3. Nothing in these Terms excludes, restricts or modifies any of those rights, guarantees or remedies which, pursuant to the Australian Consumer Law (ACL), cannot be excluded, restricted or modified by agreement.
6.4. Subject to this paragraph 6, and to the extent permitted by law and except as expressly stated in these Terms:
6.4.1 all other representations, guarantees, warranties and terms are excluded;
6.4.2. we are not liable to you, whether in contract, tort (including negligence), in equity, under statute or otherwise, for any special, indirect, incidental or consequential loss or damages, or any damages for loss of business, loss of profit, business interruption, loss of data or for any other pecuniary or non-pecuniary loss or damage that may arise under these Terms. In addition, we are not liable to the extent that any loss or damage was caused or contributed to by your negligence or the negligence of any third party; and
6.4.3. our aggregate liability in damages arising out of or in connection with the goods or services supplied under these Terms (however arising) will not exceed the total price paid by you for those goods or services (as applicable).
7. Force Majeure
7.1. We will not be liable for any delay or failure to perform any obligation under these Terms where that delay or failure is the result of any cause outside our reasonable control.
8. Termination of Access
8.1. We reserve the right to limit, suspend or terminate your access to this website, including any Content, at any time and without giving you any explanation or justification for the termination of your access.
8.2. You agree that we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating your access to this website or the Content.
9. Contact Details and Notices
9.1. If you have any questions about this website or these Terms, please email us at hello@sheilathelabel.com.
9.2. We may give notice to you by either direct communication to the email address provided by you or generally by publication of a generic message or communication on this website.
10. General
10.1. We may amend, remove, alter or vary this website or any of the Content at any time without notice to you.
10.2. You acknowledge that we may assign any of our rights or obligations under these Terms at any time.
10.3. We may modify these Terms from time to time, by direct notice to you or through publication on this website.
When we send or publish the notice, we will specify the effective date of the modifications. The modifications will only take effect from the date specified in the notice.
10.4. The provisions of these Terms are deemed to be severable and any invalidity of any provision of these Terms will not affect the validity of the remaining provisions.
10.5. Our failure to exercise or a delay in exercising any right, power or remedy under these Terms does not operate as a waiver of that right, power or remedy.
10.6. These Terms will be governed by and interpreted in accordance with the laws of Victoria and you agree to the jurisdiction of the courts of Victoria to determine any disputes arising out of these Terms.
10.7. If you access this website, including the Content, outside Victoria, you agree to comply with all laws in force in that place in addition to the Terms and all laws in Victoria.
11. Definitions
In these Terms, the following words have the meanings set out below:
Content means any and all content (including but not limited to all data, text, photographs, illustrations, renderings, images, scripts, graphics, trade marks, logos, sounds, music, audio, audio-visual combinations, interactive features and other content) included in, or provided by us through, this website.
Intellectual Property Rights means all existing and future intellectual property rights of whatever nature anywhere in the world, including trade marks, logos, domain names, trade names, designs, patents, copyright and analogous rights, know how, trade secrets, business names, concepts, rights in confidential information, and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.
You or your means the person who accesses or uses this website.