Please read this statement carefully before using the website for PartyLite Pty. Ltd.: www.partylite.com.au (hereinafter, the “site” or “website”). By using this website, you accept and agree to be bound by and abide by, these terms and conditions of use. If you do not accept these terms, do not use this website.
These terms and conditions apply to the user of this website (“You” or “you”), and PartyLite Pty. Ltd. located at Unit 1, 198 Walters Road, Arndell Park, NSW 2148 (together with such entities’ affiliates and subsidiaries (hereinafter “PartyLite”, “we”, “us”, “our”). The terms and conditions, together with any documents incorporated herein, govern your use of the website, including any content, functionality, and services offered on or through the site, whether as a guest or a registered user.
This site is offered and available to users who have reached the age of majority in their jurisdiction of residence. By using this website, you represent and warrant that you are of legal age to form a binding contract with PartyLite and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the site.
Use of Material from this Site This site (including all its contents) is the property of PartyLite and is protected by copyright, trademark, and other laws of Australia and other countries. You are authorized to browse the site and print and download copies of material on the site for your personal, non-commercial use only, so long as you do not remove any copyright or other notices that appear on the material you print or download. You agree that you will not otherwise copy, modify, display, sell, broadcast, transmit, or distribute any material on the site in any manner or medium, including by uploading the material or otherwise making the material available online.
You further agree not to use the website: (i) in any way that violates any applicable federal, state, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Australia or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm individuals, including minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these terms and conditions; (iv) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent as required by applicable law, including any junk mail, chain letter, spam, or any other similar solicitation; (v) to impersonate or attempt to impersonate PartyLite, a PartyLite employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or (vi) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by us in our sole discretion, may harm PartyLite or users of the website, or expose them to liability.
Additionally, you agree not to: (i) use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website, including their ability to engage in real time activities through the website; (ii) use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website; (iii) use any manual process to monitor or copy any of the material on the website, or for any other purpose not expressly authorized herein, without our prior written consent; use any device, software, or routine that interferes with the proper working of the website; (iv) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (v) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website; attack the website via a denial-of-service attack or a distributed denial-of-service attack, or otherwise attempt to interfere with the proper working of the website; or (vi) harvest, scrape, or otherwise collect or store any information, including personal information, from the website.
Trademarks This site features logos and other trademarks and service marks that are the property of, or are licensed to, PartyLite. The site may also include trademarks or service marks of third parties. All these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable PartyLite and the third-party trademark owner, where applicable.
Links This site may include links to other sites, some of them operated by third parties. These links are provided as a convenience to you. PartyLite has not reviewed all of the information on other sites and takes no responsibility for the content of any other sites or any products or services that may be offered through other sites. Different terms and conditions may apply to your use of any linked sites.
Accuracy, Completeness, and Timeliness of Information on the Site While PartyLite endeavours to provide accurate and functional services including on our website, we do not make any commitment that our website or other services will always be error free or function without any disruptions. PartyLite reserves the right to modify the contents of the site at any time. You should check these Terms and Conditions from time to time for any changes.
We reserve the right to withdraw or amend this website, and any service or material we provide on the website or related web pages, in our sole discretion without notice. To the maximum extent permitted by applicable laws, we will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the website, and ensuring that all persons who access the website through your internet connection are aware of these terms and conditions and comply with them.
If you choose, or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your username, password, or other security information. You agree to notify us immediately if you become aware of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. To the maximum extent permitted by applicable laws, we have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time and in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these terms and conditions. You will not sell, transfer, or assign your account or any account rights.
Notice and Take-Down Procedures; Copyright Agent If you believe any materials accessible on or from this site infringe your copyright, you may request removal of those materials from this site by contacting PartyLite’s copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing. Describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and email address.
A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that, “under penalty of perjury”, you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
PartyLite’s agent for copyright issues relating to this website is as follows:
Copyright Agent - Legal Department PartyLite, Inc.
c/o Luminex Home Décor & Fragrance Company, LLC
10521 Millington Ct. Cincinnati, OH 45242 USA Phone: (513) 956-2359
WEBSITE USAGE DISCLAIMERS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (i) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; AND (ii) PARTYLITE RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
PARTYLITE EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES THAT MATERIAL ON THE SITE IS NON-INFRINGING; AND WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY.
IF YOU DOWNLOAD ANY MATERIAL FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY AN APPLICABLE LAW THAT CANNOT BE LAWFULLY EXCLUDED, RESTRICTED OR MODIFIED. THIS INCLUDES THE AUSTRALIAN CONSUMER LAW, WHICH CONTAINS GUARANTEES THAT PROTECT PURCHASES OF GOODS AND SERVICES IN CERTAIN CIRCUMSTANCES.
IF ANY GUARANTEE, TERM, CONDITION OR WARRANTY IS IMPLIED IN RELATION TO OUR TERMS AND CONDITIONS (A “NON-EXCLUDABLE PROVISION”) AND PARTYLITE IS ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF A NON-EXCLUDABLE PROVISION, THEN PARTYLITE’S LIABILITY IS LIMITED TO ONE OR MORE OF THE FOLLOWING AT OUR SOLE OPTION:
IN THE CASE OF GOODS, REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS, REPAIR OF THE GOODS, OR PAYMENT OF THE COST OF REPLACING THE GOODS; AND
IN THE CASE OF SERVICES, RESUPPLY OF THE SERVICE OR PAYMENT OF THE COST OF RESUPPLYING THE SERVICES.
LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER PARTYLITE, ITS CORPORATE AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS PARTYLITE TAKES OR FAILS TO TAKE AS A RESULT OF YOUR COMMUNICATIONS WITH PARTYLITE.
YOUR LIABILITY IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM THAT DISRUPTION.
Submissions to PartyLite and Affiliated Servers Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to PartyLite through this website is the exclusive property of PartyLite. PartyLite is entitled to use any information submitted for any purpose, without restriction, attribution or compensation to the person sending the submission. Creating Your Account If you create an account on this website, you agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You will not misrepresent your identity, including, for example, by using another person’s username, password or other account information. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this website.
User Contributions and Content Standards
The website may contain message boards, feedback posts, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the website. Any and all User Contributions you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the website, you grant us and our affiliates an irrevocable, worldwide, non-exclusive, unrestricted, unconditional, unlimited, perpetual, fully sub-licensable and assignable, royalty free licence to use, exploit, reproduce, modify, translate, incorporate into other works, create derivative works from, publish, broadcast, and otherwise use and exploit in any manner whatsoever, all or any portion of any User Contributions you post or submit to us, and your name, voice, likeness and other identifying information in connection with that User Contribution via any media now known or later developed .You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, and you understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not PartyLite, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Contribution, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
PartyLite is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the website, and you agree that you will defend, indemnify, and hold PartyLite harmless from any claim or lawsuit resulting from User Contributions posted by you or anyone acting on your behalf.
We have the right to: (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion; (iii) in accordance with applicable privacy laws, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website; and (v) to the maximum extent permitted by applicable laws terminate or suspend your access to all or part of the website for any reason. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website.
YOU WAIVE AND HOLD HARMLESS PARTYLITE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PARTYLITE OR LAW ENFORCEMENT AUTHORITIES.
User Contributions must in their entirety comply with all applicable federal, state, provincial, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iii) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; (iv) be likely to mislead or deceive any person; (v) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vi) impersonate any person, or misrepresent your identity or affiliation with any person or organization; or (vii) involve (without our consent) commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising or otherwise give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
As indicated above, while we endeavour to ensure the content that appears on our website is accurate and complete, we cannot and do not undertake to review all material before it is posted on the website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the maximum extent permitted by applicable laws, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party and we have no liability or responsibility to anyone for performance or non-performance of the activities described herein.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, without our express written consent.
This website may provide certain social media features that enables you to: (i) link from your own or certain third-party websites to certain content on this website; (ii) send emails or other communications with certain content, or links to certain content, on this website; or (iii) cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party sites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) cause the website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; or (iii) link to any part of the website other than the homepage; or, otherwise take any action with respect to the materials on this website that is inconsistent with any other provision of these terms and conditions. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out herein. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Governing Law, Jurisdiction and Arbitration
PartyLite makes no representation that this website or information contained therein is appropriate or available for use outside Australia. All matters relating to the website and these terms and conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any legal suit, action, or proceeding arising out of, or related to, these terms and conditions or the website shall be instituted exclusively in the jurisdiction of the courts of New South Wales, Australia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Where a dispute arises, PartyLite and you agree to try to resolve the dispute informally before resorting to arbitration. If the dispute cannot be resolved informally, PartyLite may in its sole discretion require you to submit any disputes arising from these terms and conditions or use of the website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules then prevailing of the Australian Centre for International Commercial Arbitration. In all cases, the arbitration will be in English and the arbitrator’s award shall be final. Arbitration will take place in Australia, but the parties will attempt to minimise the need for long distance travel through the use of telephonic communications and will agree on a reasonable location, in the event Australia is an inappropriate forum for arbitration.
Waiver and Severability
No waiver by PartyLite of any term or condition set out in these terms and conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PartyLite to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
If any provision of these terms and conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms and conditions will continue in full force and effect.
Changes to these Terms PartyLite reserves the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the site. It is your responsibility to periodically check our website for any changes PartyLite may make to these terms and conditions. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.
Information About You and Your Visits to the Website
For Additional Information If you have any questions about the rights and restrictions above, please email PartyLite at firstname.lastname@example.org or write to us at PartyLite Pty. Ltd., PO Box 6100 Blacktown DC, NSW 2148.