1. GENERAL
The following terms and conditions relate to the use of the That Style Chick mobile application, a free mobile application with in-app purchases (“the Service”, “the App”) (“Terms of Use”). These Terms of Use constitute an agreement between Aprelo Pty Ltd trading as That Style Chick ABN 74 135 169 274 (“That Style Chick”) (“us”, “we”, “our”), the owner and operator of the Service, and you (“you”, “your” or “user(s)”), a user of the Service and/or purchaser of any in-app products or services featured on our Service (“Purchases”).
By using our Service or any Services you agree to be bound by these Terms of Use, and our Privacy Policy. We may amend these Terms of Use or our Privacy Policy and will notify you if we do so. If you do not agree to the Terms of Use contained in these Terms of Use or our Privacy Policy (or any subsequent amendments) you must cease using our Service and Services immediately. We may amend these Terms of Use of Use from time to time. Any amendment is effective immediately.
Users of our Service must be 18 years of age or older, at a minimum you must be over the age of 13 with a parent’s permission to use our Service and Services. Users must be 18 years or older to purchase any of our products or Services.
2. PURCHASES
Our App is available for free download from the App Store. Our App offers in-App purchases. Once downloaded, select your subscription option. Your free first month’s subscription to Style Feed (our personalised monthly style/shopping recommendation service) may be selected after you have completed all fields required for our free in-app Style Consult. Ongoing subscription to Style Feed will be charged to your nominated credit card or payment method at AUD$15.00 per month, payable monthly in advance. Subscriptions are made via the App and may be cancelled at any time. Subscribers are eligible for a further free month for each friend who also subscribes (friend must nominate you at the time of subscription)
Purchases available through our Service are subject to your provision of certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, email address and your shipping information, together with such information about your sizing, measurements, style, fashion tastes and wardrobe as may be necessary for us to effect your Purchase.
Your represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to us is true, correct and complete. You expressly agree that That Style Chick is not responsible for any loss or damage by you arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide your information to third party merchants for the purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: Service availability, Purchase availability errors in the description or price of Purchases or our Service, errors in your order or otherwise as may be required by us. You expressly agree that That Style Chick cannot accept any liability for loss or damage suffered by you arising out of such cancellations.
3. PAYMENT
The prices for Services provided under these Terms of Use will be as set out on our Service at the time you apply for the Services. All prices are in Australian Dollars unless otherwise stated, and inclusive of GST, and you agree that we may charge you GST as set out in the A New Tax System (Goods and Services Tax) Act 1999 (GST Act).
If you have any issues with payment do not hesitate to contact us at hello@thatstylechick.com.au
All services (including any goods) available from our Service are subject to consumer protections under the Australian Consumer Law.
4. PRODUCTS AND SERVICES
The following features are available via our App:
Style Feed – subscription to this feature costs AUD$15.00 per month and provides monthly style and shopping recommendations based on your body shape, sizing & fashion tastes, pushed to your app inbox once a month. You can shop these pieces by linking directly to retailer websites from the app or going in-store.
Style Finder – This feature is available on demand via the purchase of Style Tokens (1 token entitles you to 1 request). Using Style Tokens, you can request That Style Chick to hunt down 3-5 suggested wardrobe pieces for you based on the credentials you provide to us, within 24 hours of your request. Suggested options may be purchased by clicking on the links to retailer websites from the app, or by purchases made in-store. 1 piece only per request, 1 request per token.
Style Advice – This feature is available on demand via the purchase of Style Tokens (1 token entitles you to 1 request). Using Style Tokens, you can request That Style Chick to provide style advice pertaining to an individual wardrobe piece or a whole outfit, within 24 hours. Use this feature to get advice on whether your outfit or piece suits your body shape, which shoes suit the outfit, whether the individual pieces are right together and many other questions. 1 question only per request, one request per token.
5. USER ACCOUNTS
We may assign you a username/password and account information in order to enable you to access and use certain areas of our Service or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorized to access and use our Service in a manner consistent with these Terms of Use. We have no obligation to investigate the authorization or source of any such access or use of our Service.
You are solely responsible for protecting the security and confidentiality of your Login and for all activities on our Service using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our Service through such access or use of your Login.
You must immediately notify us of any unauthorized use of your Login or any other breach or threatened breach of our Service’s security you may be aware of.
6. REFUNDS AND CANCELLATIONS
• Following your free trial you may cancel your Subscription at any time via the App.
• In addition to this, your rights to refund or replacement (if applicable) are as prescribed under the Australian Consumer Law.
• In the event of any defect with the Services (including any products) that you have purchased on or through our Service, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Services (including any products) in question (where applicable), or refund to the value of those Services (or goods). If you believe any of the Services including any products purchased on or through our Service contain a defect, you must notify us immediately by emailing us at hello@thatstylechick.com.au
7. SPECIFIC WARNINGS
You must not access or use our Service (a) in a way that violates these Terms of Use, (b) for unlawful activities or purposes, (c) in a way that is fraudulent, inaccurate, false, misleading or deceptive, (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or (e) in a way that infringes the rights (including our intellectual property rights, as described below) of any other person. You must take your own precautions to ensure that the process which you employ for accessing our Service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of our Service or any linked or third party site (“Third Party Site”). Whilst we have no reason to believe that any information contained on our Service is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Service updated. Responsibility for the content of advertisements appearing on our Service (including hyperlinks to advertisers’ own Apps) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
8. COPYRIGHT
Unless otherwise indicated, copyright and other intellectual property rights in our Service (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you may not in any form or by any means:
a. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Service; or
b. commercialise any information, products or services obtained from any part of our Service, without our written permission.
All trademarks appearing on our Service belong to their respective owners.
That Style Chick reserves all rights not expressly granted in and to the Service and the App. You agree to not engage in the use, copying, or distribution of anything contained within the App or Service unless we have given express written permission.
By uploading, transmitting, posting or otherwise making available any material via the App and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).
9. OUR LICENCE GRANT TO YOU
We make our Services available to you through our Service. When you use our Services, we grant you a personal, non-exclusive, revocable, limited licence to use our Services and access our Service. This means you may not resell our Services anywhere else, share your licence to use our Services with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.
This licence may be terminated if you violate any provisions listed in these Terms of Use or our Privacy Policy. Additionally, this license may be terminated if you are engaged in any activities that may damage the rights of That Style Chick or if your activities are in violation of any applicable laws. If you wish to terminate this license you should stop using our Service and accessing our Service or notify us.
10. USE OF OUR APP: RESTRICTED USE
When using our Service or Services, you are responsible for your use and for any use of our Service or Services made using your device. You also agree that your use of our Service or Services is for personal non-commercial use. You agree not to access, copy, or otherwise use our Service or Services, including our intellectual property and trademarks, except as authorized by these Terms of Use or as otherwise authorized in writing by us. Unless we agree otherwise in writing, you are provided with access to our Service only for your personal use. You may not without our written permission on-sell information obtained from our Service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms of Use.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms of Use, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You further agree:
• You will not copy, distribute or disclose any part of the App or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
• You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the App or Service;
• You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• You will not collect or harvest any personally identifiable information, including account names, from the Service;
• You will not stalk, harass, bully or harm another individual who uses our Service or Service;
• You will not upload, post, transmit or otherwise make available any material that:
a. is not your original work, or which may infringe the intellectual property or other rights of another person;
b. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
c. includes an image or personal information of another person unless you have their consent;
d. you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
e. contains large amounts of untargeted, unwanted or repetitive content; or
f. contains financial, legal, medical or other professional advice.
• You will not impersonate any person or entity or misrepresent your affiliation with a person or entity;
• You will not hold That Style Chick responsible for your use of our Service;
• You will not interfere with or disrupt the App or Service;
• You will not hack, spam or phish us or other users;
• You will provide truthful and accurate content;
• You will not violate any law or regulation and you are responsible for such violations;
• You will not use our Service to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
• You will not cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Service, including the de-indexing or de-caching of any portion of our Service from a thirty party’s App, such as by requesting its removal from a search engine;
• You will not upload any content to our Service that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
If you believe that a user has breached any of the above conditions, please contact us at hello@thatstylechick.com.au
• We reserve the right to refuse service, block or suspend any user of the App, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the App by any user, without prior notice.
• We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the App by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
11. AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
The quality and relevance of our Service will always be reliant upon the accuracy and relevance of the information you provide. We cannot guarantee results or that our Service will be right for you.
12. CONTESTS, SWEEPSTAKES AND PROMOTIONS
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use and Conditions, the Promotion rules will apply. The terms and conditions of any other “Promotions” are independent of this agreement.
13. DISCLAIMER
The disclaimer set out in these Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of our Service or any Third Party Site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our Service. You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you to comply with these Terms of Use.
Specific Disclaimers
Your use of our Service is at your risk. To the maximum extent permitted by law, the information, materials and Services provided on or through our Service are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither That Style Chick nor any of their respective affiliates warrant the accuracy or completeness of the information, materials or Services provided on or through this App. Results may vary from person to person and our recommendations may not always be right for your body shape, style, budget or other preferences. Recommendations are opinions only and may vary between users or between our stylists advising the same user. The information, materials and Services provided on or through our Service may be out of date, and neither That Style Chick nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or Services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web App. Except for the purposes of any “consumer guarantees” as defined by the Australian Consumer Law, we hereby expressly disclaim all liability our service, for product defects or failures, claims that are due to your use of our Services or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
By accessing our Service, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this App or by any Third Party Content or Third Party Site. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with our Service are hereby excluded. By accessing our Service, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to our Service.
In the event of any problem with our Service or any content, you agree that your sole remedy is to cease using this our Service. In the event of any problem with the Services that you have purchased on or through our Service, you agree that your sole remedy is to seek a return and refund for such product or services in accordance with the returns and refunds policies set out in these Terms of Use.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms of Use, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our Service is contingent on your agreement with this and all other sections of this agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Service, products, and service within the last six months, whichever is greater.
This disclaimer survives the termination of your use of our Service or Services and/or the termination of the agreement contained in these Terms of Use.
14. INDEMNITY
You agree to defend, indemnify and hold harmless Aprelo Pty Ltd its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
• your use of and access to the That Style Chick App and Service;
• your violation of any term of these Terms of Use;
• your violation of any term of our Privacy Policy;
• your violation of any third party right, including without limitation any copyright, property, or privacy right; or
• any claim that any of your content caused damage to a third party.
This defence and indemnification obligation will survive these Terms of Use and your use of the That Style Chick Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
15. SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
16. TERMINATION OF ACCESS
Access to our Service may be terminated at any time by us without notice. Our disclaimer and the indemnity provided by you will nevertheless survive any such termination.
If we terminate service, you must cease using our Service and pay to us all outstanding amounts owed. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Service and Service and may terminate our Service and Service at any time and for any reason.
17. PRIVACY AND CHILD PROTECTION
We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information.
Our Privacy Policy can be accessed by clicking on this link
That Style Chick complies with all Australian Child Protection legislation to the extent applicable.
18. CHOICE OF LAW
This Agreement shall be governed by the laws in force in the state of Victoria, Australia. The offer and acceptance of this contract is deemed to have occurred in Victoria, Australia.
19. FORUM OF DISPUTE
You agree that any dispute arising from or relating to these Terms of Use will be heard solely by a court of competent jurisdiction nearest to the state of Victoria, Australia.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to these Terms of Use will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
20. FORCE MAJEURE
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, failure of host servers or ISPs, or any other event beyond our control.
21. SEVERABILITY
In the event that a provision of these Terms of Use is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of these Terms of Use are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.
22. NON-WAIVER
We reserve all rights permitted to us under these Terms of Use as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms of Use or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. ASSIGNMENT
You may not assign your rights and/or obligations under these Terms of Use to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms of Use to any other party at our discretion.
24. AMENDMENTS
We may amend these Terms of Use from time to time. When we amend these Terms of Use, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Service and our Service.
25. ELECTRONIC COMMUNICATIONS
We use electronic means of communication, whether you visit the App or Service or send use-mails, or whether we posts notices on the App or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
26. GENERAL
a. This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of these Terms of Use and any representation or warranty previously given.
b. If any provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from these Terms of Use. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.
c. No failure by either party to exercise and no delay in exercising any right under these Terms of Use will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.
d. The rights and remedies provided in these Terms of Use are cumulative and do not exclude any other rights provided by law.
27. CONTACT US
If you have any questions about these Terms of Use please contact us at hello@thatstylechick.com.au.