General Terms
Welcome to www.everlyafter.com.au (the ‘Website’). This Website is operated by Everly After (ABN 88 940 198 227). The Website facilitates interactions between:
(a) customers (the ‘Receiver’); and
(b) Everly After (the ‘Provider’).
Access to and use of the Website, or any of its associated products or Services, is provided by Everly After.
Please read these terms and conditions (the ‘Terms’) carefully.
By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
Everly After reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Everly After updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Everly After in the user interface.
The Services
In order to access the Services, the Receiver is required to register for an account through the Website (the ‘Account’).
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(e) Password
You warrant that any information you give to Everly After in the course of completing the registration process will always be accurate, correct and up to date.Once you have completed the registration process, you will be a registered
member of the Website (‘Member’) and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Everly After; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a Member
As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Everly After of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Everly After;
(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
Payments
The Website utilises a third party payment processing gateway – Stripe. Stripe payments are secured end-to-end and are a PCI DSS compliant service provider.
Everly After does not physically store, or have access to your credit card details.
Goods and Services Tax
All our prices marked do not include Goods and Services Tax as we do not charge GST.
Refund Policy
Please contact info@everlyafter.com.au for all faults or damaged items, along with your order number and photos of the faulty/damaged item(s) to be returned/exchanged/refunded.
Everly After reserves the right to decline a return or refund on a case to case basis, but we will do our best to help you.
Change of Mind Returns
No returns or refunds will be given for change of mind.
Privacy
Everly After takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Everly After’s Privacy Policy, which is available here: Privacy Policy.
General Disclaimer
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Everly After make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Everly After) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Everly After; and
(d) the Services or operation in respect to links which are provided for your convenience.
You acknowledge that Everly After Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Everly After holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
Limitation of Liability
Everly After’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Everly After, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You acknowledge and agree that Everly After holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
