PRIVACY POLICY

PLEASE NOTE THIS PRIVACY POLICY IS IN REGARDS TO THE INFORMATION USED BY THE PRINTING PARTNER AND WEBSITE HOST OF ELLEN MCKENNA APPAREL FOR THE PURPOSES OF PROCESSING ELLEN MCKENNA APPAREL PRINT ON DEMAND ORDERS.

Effective Date: May 1, 2007
Ellen McKenna Apparel values the users of our website apparel.ellenmckenna.com (the "Website"). Your privacy and trust are very important to us. We recognize that you may be concerned about our collection, use, and disclosure of the personally identifiable information ("Personal Information") that we collect when you use the Website and the services offered on the Website ("Ellen McKenna Apparel Services"). This Privacy Policy describes the information that we collect from you, how we collect this information, and what we do with it after we collect it. By using the Website you are accepting the practices described in this Privacy Policy. Our policy and security is authorised and managed by deconetwork.com

Disclosure to Third Party Service Providers and Online Partners. We will only disclose your information to relevant third party service providers and online partners; The Print Bar to print and send our product/s and to Pay Pal who accepts our payments. 

If you have any questions or comments regarding this Privacy Policy, please contact us at ellen@ellenmckenna.com.


Does Ellen McKenna Apparel Ever Make Changes to its Privacy Policy?
We may make changes to the Privacy Policy from time to time. We will notify you of any changes by sending you an email, posting a notice on the home page of the Website, or posting a notice in your account when you first login after we have made changes. If you receive notification of a change in our Privacy Policy, you must review the new Privacy Policy carefully to make sure you understand our practices and procedures. You may not be able to receive notices from us if your cookies are not set to accept and/or are disabled.

What Types of Information Does Ellen McKenna Apparel Collect?
Personal Information. We collect Personal Information that you provide to us, such as your name, mailing address, phone number, email address, credit card number, and financial information. Non-Personal Information. We also collect non-personal information from you, such as your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address Non-Personal Information cannot be easily used to personally identify you.

How and When Does Ellen McKenna Apparel Collect This Information?
Providing Information to Us. We collect Personal Information from you when you provide it to us. For example, if you purchase a product sold through an affiliate, we may collect your name, mailing address, telephone number, credit card number, and email address. If you create an account, we may collect your name, tax identification number, mailing address, email address, and other information that we request during the registration process, and any information that you provide to Ellen McKenna Apparel. If you sign up to receive a newsletter, we will collect your email address. Communications With Us. If you communicate with us regarding the Website or the System, we will collect any information that you provide to us in any such communication. Analytic and Reporting Technologies. Like the operators of most websites, we use analytic and reporting technologies to record Non-Personal Information such as Internet domain and host names, Internet protocol (IP) addresses, browser software, operating system types, click stream patterns, and the dates and times that the Website and the System are accessed. We also contract with several online partners to help manage, monitor and optimise our Website and the System and to help us measure the effectiveness of our advertising, communications and how visitors use the Website. To do this, we may use web beacons and cookies.

How Does Ellen McKenna Apparel Use My Information?
Personal Information. We use Personal Information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving the Website, fulfilling requests for information, producing and shipping the products that you order, and providing customer support. For example, if you create an Account, we will use the information that you provide us to communicate with you and pay you any commissions that you earn. Similarly, if you sign up to receive a Ellen McKenna Apparel newsletter, we will use the email address you provide to send you the newsletters. Non-Personal Information. We use Non-Personal Information to track the use of the Website and the System and for other internal purposes, such as providing, maintaining, evaluating, and improving the Website.

When Will Ellen McKenna Apparel Disclose My Information to Third Parties?

Disclosure to Successors. We will not disclose Personal Information to any other company. 

Disclosure to Unaffiliated Third Parties. We will not disclose your Personal Information to unaffiliated third parties.

Disclosure to Third Party Service Providers and Online Partners. We will not disclose your details to various third parties except Pay Pal who accepts our payments.

Disclosure to Affiliates. We do not disclose your details to any of our affiliates execept our couriers.

Disclosure of Non-Personal Information. We will not disclose Non-Personal Information either to any third party.

What About Cookies and Web Beacons?
A cookie is a small file placed on the hard drive of your computer. Most websites use cookies. We use cookies to track your use of the Website and the System, provide you with a more personalized user experience, and to allow you to login and begin use of the Website automatically when you visit the Website. A web beacon is an often-transparent graphic image, usually no larger than a 1x1 pixel that is placed on a web page or in an e-mail that is used to monitor the behaviour of the user visiting the Website or receiving the e-mail. Cookies and web beacons used by Ellen McKenna Apparel and our online partners are not linked to Personal Information. Some of our Shopkeepers may use cookies or web beacons on our Website. We have no access to or control over these cookies and web beacons. This Privacy Policy covers the use of cookies and web beacons by Ellen McKenna Apparel and our online partners only and does not cover the use of cookies or web beacons by any other third party.

Does Ellen McKenna Apparel Protect My Personal Information?
Personal Information. Whenever we obtain your Personal Information, we use commercially reasonable efforts to protect it from unauthorized access or disclosure. We have in place strong methods to protect your information but we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control. Website Content. We are not responsible for the actions of others. Therefore, you should use care in communicating with other users and only disclose your Personal Information to other users that you know to be trustworthy. You should not assume that your content will be kept private.

How Can I Review and Make Changes to My Personal Information?
You can obtain a copy of and request that we correct errors in your Personal Information by emailing us at ellen@ellenmckenna.com. For your protection, you will be required to provide proof of your identity to obtain a copy of your Personal Information. If your Personal Information changes or if you no longer want to use the Ellen McKenna Apparel Services, you may correct, update or deactivate your Personal Information and/or your account through the account management screen. If you would like to deactivate or terminate your account you can also contact our Customer Service.

Tell-A-Friend
If you choose to use our referral service to tell a friend about the Website, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Website. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Security
The security of your Personal Information is important to us. When you enter sensitive information such as a credit card number and/or social security number on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Does This Privacy Policy Apply When I Access Third Party Websites?
You may be able to access third party websites directly from the Website. This Privacy Policy does not apply when you access third party websites. We cannot control how third parties may use Personal Information you disclose to them, so you should carefully review the privacy policy of any third party website you visit before using it or disclosing your Personal Information to its provider.

What About Children's Privacy?
Under Thirteen. The Website and the System are intended for users aged 13 and older only. Accordingly, we will not knowingly collect or use any Personal Information from children that we know to be under the age of 13. In addition, we will delete any information in our database that we know originates from a child under the age of 13. Thirteen to Seventeen. Prospective users between the ages of 13 and 17 can only use the Website under their parent's or legal guardian's supervision. If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your Personal Information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at ellen@ellenmckenna.com.

Can I Opt-Out From Receiving Communications From Ellen McKenna Apparel?
We provide you the opportunity to opt-out of having your Personal Information used for certain purposes. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form. If you no longer wish to receive our newsletters and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at ellen@ellenmckenna.com. We also offer you an opportunity to opt-out of certain communications through the account management screen. If you need assistance you may contact us at ellen@ellenmckenna.com. If we disclose your Personal Information to a third party in a manner that is not set forth in this Privacy Policy you will be notified so that you can make an informed choice about sharing your Personal Information with that third party.

 

 

 

USER AGREEMENT

Terms of service: an agreement between you and Ellen McKenna Apparel to enter and use this website and services. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.


It is your obligation to keep yourself informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.

 

1 ELLEN MCKENNA APPAREL SERVICES:

• Buy printed products that are listed for sale
• Create, design, customise products that are listed for sale.
• Online view displays a size medium (or a size 10 womens)
• Save and share designs that you may have created
• Save images and designs into public or personal galleries.

 

1.1 ELLEN MCKENNA APPAREL PURCHASE / REFUND POLICIES:

• The date of your purchase
• Your order number
• What you would like to return
• Why you want to return it

Once received we will organise a replacement or a refund ASAP.

 

WHAT CAN BE RETURNED

• Only Items that are faulty/damaged or have a faulty print may only be returned.
• No returns are accepted after 14 days of receipt of purchase.
• We do not accept items that have noticeable wear or makeup stains.
• Returns must also comply with our user agreement.
• Once an order has been placed online we cannot edit this order and we cannot cancel this order once it has been placed. 

 

In the unlikely event you're unhappy with your product please follow these instructions to return / receive a new product: Email us at ellen@ellenmckenna.com with;

• The date of your purchase
• Your order number
• What you would like to return
• Why you want to return it
• A photo highlighting the fault/damage

Once we have received this email we will organise a replacement /refund for you if the order meets our user agreement/return policy. You may have to return the product back to Ellen McKenna Apparel.

We do not refund or exchange for change of mind, errors in approved proofs, errors from non 'print ready' artwork, shipping or stock delays or if the customer chooses the wrong garment size. # Note: sizing measurements online are within +-1.5cm, anything outside of this is faulty. Print dimension / print placement measurements are within +-2cm and anything outside of this is faulty. Proof approval is important and written approval is required before we can print a job. Payment of a job also constitutes approval.

Clients must ensure that the artwork, qty and shipping address is correct before payment is made. We do not accept returns for errors made by any of our couriers when we have dispatched to the correct address before the due date.

 

DELIVERY TIMEFRAMES

We guarantee our processing and printing timeframes on our orders, but in the unlikely event that there is an error due to the courier or Australia Post, we cannot take responsibility, but in this rare instance we can refund your shipping costs in full. If you order express shipping and your location is rural, international or not covered by the Australia Post National Express Post Network then we cannot take responsibility for shipping timeframes. Please contact us so we can look after you, well before your due date. We want you to receive your garments on time!

 

WASHING INSTRUCTIONS

• Gentle cycle
• Wash inside out
• Do not tumble dry
• Dry in shade

Garments will not shrink if the correct washing guidelines on the t shirt labels are followed; if you believe the garment was washed correctly please send us an email following our return instructions.

 Please note that we cannot be responsible for:

 

• 5% difference in design printing colours & size
• 5% difference in the actual garment colours
• Errors in user-selected options such as product type or or size. *Please use our size guide for measurements of email us for advice.
• Garment shrinkage in wash
• Courier delivery timeframes

 

1.2 ELLEN MCKENNA APPAREL SHIPPING POLICIES:

Ellen McKenna Apparel's standard delivery time is shipping from 14 business days. This is because all items are custom printed per order. 

Same Day Orders placed before 11am on a Monday-Friday will aim to be dispatched the same day and arrive on the next business day, dependent on the Express Post Network. Orders placed after 11am will be shipped out the following business day. 

We are not held responsible for any technical problems or freight carrier delays on deliveries of goods if we ship out on time (prior to 5:00pm on a business day). We provide tracking numbers on all purchases. Once shipped we are not liable for any loss or damage of goods in transit from any transportation service such as Australia Post & Capital Transport.

2 USING OUR ELLEN MCKENNA APPAREL SERVICES AND WEBSITE

In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.

 

2.1 ELIGIBILITY OF CHILDREN UNDER 18

Ellen McKenna Apparel will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.

 

2.2 DEFINITIONS AND INTERPRETATION

In these Terms of Use, unless the context indicates a contrary intention:

• •  
• Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
• A person means any form of legal entity as well as any quasi-legal entity.
• A User means any person using the website and/or services provided by us.
• A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
• The word includes in any form is not a word of limitation.

 

3 USER'S OBLIGATIONS

3.1 RESPONSIBILITIES

Users are and shall be wholly and exclusively responsible, at their own cost, for:

• •  
• All telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
• The use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
• Complying with all laws, regulations and rules in the uses country or jurisdiction;
• Complying with any recommendations or guidelines issued by Ellen McKenna Apparel with respect to the use of the Website and/or services and
• Ensuring that all electronic or other media it uses in connection or in conjunction with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.

 

3.2 RESTRICTIONS ON USERS

Users shall not and has no right to either:

• Reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
• Use either the Website to supply any service to any person; or
• Modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
• Access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
• Infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
• Is libellous, defamatory or slanderous,
• Condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
• Contains explicit sexual content,
• Does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
• Is designed to or does harass, threaten, defame or abuse others,
• Exploits images or the likeness of minors,
• Encourages the use of drugs or the under-age use of alcohol or cigarettes, or
• Is generally offensive or in bad taste;
• Use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
• Use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website and/or the PIKIWARE ® Platform,
• Take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
• Use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
• Collect electronic mail addresses or other information from our Website,
• Impersonate another person or entity,
• Engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
• Assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
• Frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.
• Upload or order content that is offensive to groups of people, especially minorities. 

USER ACKNOWLEDGES AND AGREES THAT Ellen McKenna Apparel MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.

4. ELLEN MCKENNA APPAREL OBLIGATIONS

 

4.1 ACCESS TO AND USE OF THE WEBSITE AND SERVICES

Subject to user complying with and discharging each of its obligations under these Terms of Use, Ellen McKenna Apparel shall allow user to access and use the Website and the services .

 

4.2 PRIVACY

Ellen McKenna Apparel may collect personal data concerning the user in the course of and incidental to users use of the Website and services. Ellen McKenna Apparel shall comply with, and user hereby consents irrevocably and unconditionally to Ellen McKenna Apparels collection, use and disclosure of such data in accordance with, its Privacy Policy (the terms of which may be accessed through the link on the Website). 

Disclosure to Third Party Service Providers and Online Partners. We will only disclose your information to relevant third party service providers and online partners; The Print Bar to print and send our product/s and to Pay Pal who accepts our payments. 

 

4.3 TRAINING

User acknowledges that Ellen McKenna Apparel has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.

 

4.4 MODIFICATION OF THE WEBSITE.

Ellen McKenna Apparel reserves the right to modify the organisation, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. Ellen McKenna Apparel shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.

5. INTELLECTUAL PROPERTY RIGHTS

 

5.1 RESERVATION OF TITLE

User acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorisation set out in clause 4.1. Ellen McKenna Apparel grants user a limited revocable licence to access and use the Website and the service for its intended purposes, subject to users compliance with these Terms of Use. This licence does not include the right to collect or use information contained on the Website for purposes prohibited by Ellen McKenna Apparel; to compete with; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this licence or if it breaches these Terms of Use, Ellen McKenna Apparel may revoke the licence and deny access to and use of the Website.

 

5.2 PROHIBITION ON INFRINGEMENT

User acknowledges and agrees that Ellen McKenna Apparel does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.5.3 Derivative Material Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to Ellen McKenna Apparel an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.

6. REGISTRATION

User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Ellen McKenna Apparel of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Ellen McKenna Apparel cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7. WARRANTIES

 

7.1 USERS WARRANTIES

User represents and warrants to Ellen McKenna Apparel that, in its use of the Website and the Services provided, it:

• Will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
• Will comply with all applicable laws, rules, and regulations.
• User further represents and warrants to Ellen McKenna Apparel that:
• There are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
• Ellen McKenna Apparel will not be required to make any payments or compensation to any person in connection with its use of such content; and
• Such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.

 

7.2 ELLEN MCKENNA APPARELS WARRANTIES

Ellen McKenna Apparel represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.

 

7.3 CAVEATS

Ellen McKenna Apparel provides the Website and Services on an "as is" and "as available" basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by Ellen McKenna Apparel that the functionality or operation of the Website and/or the services will:

• Be uninterrupted or free of errors and inaccuracies;
• Meet users requirements; or
• Operate in the configuration or with the hardware or software used by user.
• User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
• Ellen McKenna Apparel does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which Ellen McKenna Apparel is not liable.
• Ellen McKenna Apparel does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.

 

7.4 EXCLUSION OF IMPLIED WARRANTIES

SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY Ellen McKenna Apparel, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.

 

7.5 NO REPRESENTATION OR RELIANCE

(a) User acknowledges that neither Ellen McKenna Apparel nor any person acting on our behalf has made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use. (b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of Ellen McKenna Apparel, except for representations or inducements expressly set out in these Terms of Use.

8. EXCLUSION AND LIMITATION OF LIABILITY

 

8.1 SUBJECT TO LAW

Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:

• implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
• liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
• liability for fraud or deceit; or
• liability for death or personal injury caused by the negligence of either party.

 

8.2 EXCLUSION OF LIABILITY

Subject only to Clause 8.1, in no event shall Ellen McKenna Apparel be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or the services provided for:(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:

• any third party;
• actions of user that were not expressly authorised by Ellen McKenna Apparel;
• accident, misuse or abuse by anyone other than Ellen McKenna Apparel;
• alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Ellen McKenna Apparel;
• products (including any hardware or software) or services not licensed or supplied by Ellen McKenna Apparel;
• power surge or failure
• events of force majeure or events outside Ellen McKenna Apparels actual control; or
• any other condition not arising under normal operating conditions;
• technical faults caused by our web host Deconetwork
• any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;
• any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
• Subscribers liability to any person; or
• incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Ellen McKenna Apparel has been advised of the possibility of any particular loss or damage.

 

8.3 LINKS

Ellen McKenna Apparel may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Ellen McKenna Apparel is not responsible for the operation of or content located on any such website, and Ellen McKenna Apparel cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Ellen McKenna Apparel for any damages or losses of any kind arising from the other website and/or the link.

 

8.4 LIMITATION OF LIABILITY

Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, Ellen McKenna Apparel's sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Website.

 

8.5 INDEMNITY

User shall indemnify and hereby releases unconditionally Ellen McKenna Apparel , without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to: (a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by it of these Terms of Use; (c) the misuse or misappropriation of the said media or content; and (d) any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.

9. TERMINATION

 

9.1 TERMINATION

(a) At any time and with or without cause, Ellen McKenna Apparel may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the Website and/or the Services provided by Ellen McKenna Apparel. In no event shall any such termination or suspension by Ellen McKenna Apparel relieve user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.(b) user may terminate these Terms of Use at any time by ceasing to enter the website and using the services

 

9.2 EFFECT OF TERMINATION

(a) On any expiry or termination of these Terms of Use, Ellen McKenna Apparel may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the Website and/or the Services provided and Ellen McKenna Apparel shall have no liability to user or any person for doing so.(b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defence which shall have accrued or shall thereafter accrue to either party.

10. GENERAL

 

10.1 SEVERABILITY

If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.

 

10.2 VARIATION

Ellen McKenna Apparel may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user's continued access and use of the Website and the Services on or after such effective time constitutes the user's unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using the Website and the Ellen McKenna Apparel services.

 

10.3 WAIVER

A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.

 

10.4 ASSIGNMENT

(a) Ellen McKenna Apparel may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.

 

10.5 GOVERNING LAW AND JURISDICTION

(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in Australia (without regard to its conflict of law rules).(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Australia, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.