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TERMS AND CONDITIONS

The Website is available for you to access, conditional on your acceptance without alteration of the Terms and Conditions set out below.

By accessing the Website you agree to be bound by the Terms and Conditions and any others terms and conditions, notices and/or disclaimers displayed elsewhere on the Website from time to time. You also agree that you are at least 18 years of age, of sound mind and legally able to enter into a binding contract.

Use of Material on the Website
Except for the limited use set out in Paragraph B you may not use the Website, or the material contained on it, for any purpose that involves:
(a) The reproduction of the material in any material form;
(b) The distribution of the material in any material form;
(c) The re-transmission of the material by any medium of communication;
(d) The uploading and/or reposting the material to any other site on the WWW; or
(e) The "framing" the material on the Website with other material on any other WWW site.
The above referred to conduct is unlawful in any jurisdiction and is specifically prohibited by these Terms and Conditions.
Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

You may not modify or copy:
(a) The layout of the Website; and
(b) Any computer software and code contained in the Website.
The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
(a) Re-sold and/or re-distributed in any material form;
(b) Stored in any storage media; and/or
(c) Re-transmitted in any media, without the prior written consent of the Owner.

Links to Other Websites
The Website may contain links to sites on the WWW owned and operated by third parties and which are not under the control of the Owner.
In relation to the other sites on the WWW, which are linked to the Website, the Owner:
(a) Provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and
(b) Is not responsible for the material contained on those linked sites.

Disclaimer
The Owner is making the Website available for others to publish information without assuming a duty of care to users. The Owner is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.

To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:
(a) The accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
(b) Merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(a) Acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
(b) Using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

The Owner does not warrant guarantee or make any representation that:
(a) The Website, or the server that makes the site available on the WWW are free of software viruses;
(b) The functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(c) Errors and defects in the Website will be corrected.

The Owner is not liable to you for:
(a) Errors or omissions in the Website, or linked sites on the WWW;
(b) Delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(c) Defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.

You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

The Owner is not liable to you for:
(a) Any act or failure to act, resulting directly and/or indirectly from a listing on the Website, where that listing is not officially endorsed by the Owner; or
(b) Any act or failure to act by a third party, who may have contacted you via or in conjunction or in relation to or with Website, or is in any way affiliated with the Website; and

The Website is merely a catalyst for obtaining access to business coupons online, any activity undertaken by you outside the use of the Website is in no way connected to, or no liability whatsoever rests thereon, the Owner.

Limitation of Liability
The Disclaimer may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law the Owner's liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:
If the breach of an implied warranty or condition relates to services:
(a) The supply of the services again; or
(b) The payment of the cost of having the services supplied again.

If the breach of an implied warranty or condition relates to goods:
(a) The replacement of the goods or the supply of equivalent goods;
(b) The repair of such goods; or
(c) The payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

Use of Information Gathered
The Owner and/or people authorised by it may gather and process the information:
(a) Which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
(b) Regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Website.

The Owner may authorise others to offer you goods and services using the information acquired through (a) and (b) above.

Termination of Access
The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

Alteration of Terms and Conditions
The Owner reserves the right to change these Terms and Conditions:
(a) With or without further notice to you; and
(b) Without giving you any explanation or justification for such change.

PROVISION OF INFORMATION BY YOU

Uploading Information
You represent and warrant in relation to any material and/or information you provide to the Website that
(a) You are authorised to provide the material and/or information;
(b) The material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(c) The material and/or information is not the "passing off" of any product or service and does not constitute unfair competition;
(d) The material and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(e) The material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Victoria including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1999 (Vic) and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

License to Use Intellectual Property
By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the "intellectual property") on to the Website, you are granting the Owner a perpetual, non-exclusive and payment-free license throughout the world to:
(a) Reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and
(b) Allow the Owner to sub-license others the same rights granted to the Owner in (a) above.

Removal of Information
In relation to any material and/or information included on the Website, the Owner may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.

Limit of Liability
The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and as a consequence of removing any material and/or information from this Website.

Indemnity
You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents ("those indemnified") from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.

MISCELLANEOUS

Assignment
You must not assign, sub-licence or otherwise deal with the benefit of this Agreement. The Owner may at any time assign, sub-licence or otherwise deal with the benefit of this Agreement and is under no obligation to provide you notice of any such Assignment.

No Waiver
The failure or delay of the Owner in enforcing any part of these Terms and Conditions is not to be construed as a waiver of its rights.

Relevant Jurisdiction
If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

This Agreement will be governed by and interpreted in accordance with the law of the Victoria, without giving effect to any principles of conflicts of laws.

You agree to the jurisdiction of the courts of the Victoria to determine any dispute arising out of this Agreement.

General
These Terms and Conditions apply to any modification, amendment or addition to existing content or material.

PAYMENT TERMS & PRICES.
Payment terms and prices for all services are defined in the package information/ sign up page and/ or on the agreement form. By signing up for any service you agree to the payment terms and the prices.

CHARGE BACKS
All charge backs will be considered as fraud and will be thoroughly investigated

REFUND POLICY

Wed design & Development
Clients are eligible for a refund within the first 7 days from the date they sign up, however some charges may apply.

Search Engine Optimisation
Clients are eligible for a refund within the first 7 days from the date they sign up, however some charges may apply.

Domain Names
Once registered the domain name registrations cannot be cancelled and hence no payments can be refunded. FortuneX works as an authorized Reseller for “Aust Domains”, any domain issues should be forwarded to “Aust Domains” (www.austdomains.com.au). We will try our best to assist you in any issues/ concerns you may have, but we may not be able to help in all cases.

Search Engine Booster
All registrations done are not reversible and hence no refunds can be issued. FortuneX works as an authorized Reseller for “Aust Domains”, any search engine booster issues should be forwarded to “Aust Domains” (www.austdomains.com.au). We will try our best to assist you in any issues/ concerns you may have, but we may not be able to help in all cases.

Web Hosting
All registrations done are not reversible and hence no refunds can be issued. FortuneX works as an authorized Reseller for “Aust Domains”, any WEB Hosting issues should be forwarded to “Aust Domains” (www.austdomains.com.au). We will try our best to assist you in any issues/ concerns you may have, but we may not be able to help in all cases.

Other Services
No refunds can be offered.

PRIVACY POLICY

Introduction to our Privacy Policy

This Privacy policy explains in general terms how we protect the privacy of your personal information under the National Privacy Principles. It will apply to any personal information you provide to us when registering with us on our Web site www.myboutique.com.au. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

What Information Do We Collect?

The types of personal information that we collect from you will depend on the circumstances of collection and on the type of service you request from us. For example, when you wish to purchase a product from this website we may collect details such as your name, address, delivery address, telephone numbers and other information relevant to your purchase. As we are required by law to obtain your consent to the collection of "sensitive information" (such as address, name and phone number), we will assume that you have given consent to the collection of all information you have provided to us for use in accordance with this Statement, unless you tell us otherwise.

How We Collect Information

We may collect personal information about you when you visit our website, when you deal with us over the telephone, send us correspondence (whether by letter, fax or email), or when you have contact with us in person. We will not collect any personal information without your consent. We consider that your consent is granted when you complete the fields necessary to facilitate a transaction through this website.

How We Use Your Personal Information

We generally collect your personal information for the following purposes
:

To facilitate your access to our website, products and services
To deliver products you have ordered from us
To conduct marketing activities
To provide you with information about our products and services
To seek your opinion on our products, services, marketing and website.
Send you a newsletter

Some of the personal information we collect is essential for us to be able to accurately identify who is using the service. Other types of personal information we collect help us to develop a profile of who is using our service and what their interests are this assists us in offering products to suit the needs of the users of this website.

Disclosure of Personal Information to Third Parties

We may disclose your personal information to third parties for the purpose for which the information was collected or for related purposes, for example to complete a transaction on your behalf or provide you with a product that you purchased. We engage third party contractors to perform services for us which involves the contractor handling personal information we hold. For example, we currently engage third party contractors to:

Deliver products purchased from this website.

Provide electronic funds transfer services, credit card account processing and related services.

In these situations, the third party contractor is strictly prohibited from using any personal information about you, except for the specific purpose for which we have supplied. We may also disclose your personal information to various law enforcement agencies and governments around the world for security, to comply with a subpoena, customs and immigration purposes. Other than the above, we will not disclose your personal information without your consent unless disclosure is either necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.

Keeping Your Personal Information Up To Date

We take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date whenever we collect or use it. If the personal information we hold about you is inaccurate, incomplete or out-of-date, please contact us and we will take reasonable steps to either correct this information, or if necessary, discuss alternative action with you.

Updating/Accessing/Amending/Correcting Personally Identifiable Information

If your personally identifiable information changes, or if you no longer desire our service, you may update it by making the change on our member information page or by emailing our Customer Support at info@myboutique.com.au.

Choice/Opt-Out

You may choose to stop receiving our newsletters or marketing emails by contacting us at info@myboutique.com.au or clicking an unsubscribe link that is included in each email.

Cookies and Other Tracking Technologies

We may use cookies, for example, to keep track of your preferences and profile information. Cookies are also used to collect general usage and volume statistical information that does not include personal information.

Third Party Cookies

The use of cookies by our affiliates, tracking utility company and service providers are not covered by our privacy policy. We do not have access or control over these cookies. Our affiliates, tracking utility company and service providers use session ID cookies to make it easier for you to navigate our site, in order for you to use the shopping cart, etc.

Web beacons

Our Web pages contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

Tell-A-Friend

If you choose to use our referral service to tell a friend about our site, we will ask you for your friends name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. MyBoutique Australia stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at info@myboutique.com.au to request that we remove this information from our database.

Links to Other Web Sites

Our Site includes links to other Web sites whose privacy practices may differ from those of MyBoutique Australia. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web site you visit.

Security of Your Personal Information

We will securely hold your personal information and we will not trade, rent or sell it. We will take all reasonable steps to keep secure any information which we hold about you. Personal information may be stored both electronically on our computer system, and in hard-copy form. Firewalls, SSL encryption, passwords, anti-virus software and email filters act to protect all our electronic information.

We take all necessary measures to ensure the security of hard-copy information. Once your transaction is finalised, both the electronic and hard-copy information are securely archived. After a period of 7 years, both the electronic and hard-copy information may be destroyed.

Data Retention

If you wish to cancel your account or request that we no longer use your information to provide you services contact us at info@myboutique.com.au. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Resolving Your Concerns

If you wish to gain access to your personal information, have a complaint about a breach of your privacy or you have any query on how your personal information is collected or used please forward your request, complaint or query to the address below. We will respond to your query or complaint as soon as possible.
Email: info@fortunex.com.au
Post: The Privacy Officer, PO BOX 6558, St Kilda Road Central, VIC 8008.

Changes to This Privacy Policy

We may amend this Privacy policy as our business requirements or the law changes. Any changes to this Privacy policy will be updated on www.myboutique.com.au, so please visit this page periodically to ensure that you have our most current privacy policy. If we make any material changes we will notify by means of a notice on this Site prior to the change becoming effective.