TERMS & CONDITIONS

FASHION EQUIPPED SERVICES

Last updated: 5 August 2020

These Terms and Conditions, together with the Fashion Equipped Privacy Policy, govern your access to, participation in, use of and purchase of the Fashion Equipped Services. These Services include Fashion Equipped’s Website, the Start Your Fashion Business online Programme, Online Education, the Your Mentor Collective and Consultancy.

Upon you accepting these Terms, these Terms will apply to the Services.

By registering for a Service, including clicking a box that states you agree to these Terms during an online registration process, you acknowledge that you have read and agreed to be bound by and comply with these Terms. You also acknowledge that these Terms constitute a binding agreement between you and us made for good consideration (our provision of the Services to you in exchange for the rights you grant to us in accordance with these Terms).

If you do not agree to be bound by these Terms, you will not be able to purchase, access, use and/or contribute to Services.

If you have any queries please contact info@fasionequipped.com.au.

 

1. Use of the Services

  • You agree to use the Services only for lawful purposes.
  • Any use of Fashion Equipped Content requires the prior written permission of Fashion Equipped. You may not copy, reproduce, republish, post, broadcast, transmit, make available to the public, or otherwise use any part of the Services (including any Content that has been submitted by third parties), in any way except for your own personal and private use. You also agree not to adapt, alter, create or share a derivative work from any Fashion Equipped Content for commercial gain.
  • You must only use the Services in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of the Services. This includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive Content or disrupting any Services.

 

2. Amendments

  • Fashion Equipped reserves the right to change these Terms from time to time and so you should check these Terms regularly. Your subsequent or continued use of the Services will be deemed acceptance of the updated or amended Terms. If you do not agree to the changes, you should cease using the Services.
  • If there is any conflict between these Terms and specific local terms appearing elsewhere on the Services then the latter shall prevail.

 

3. Intellectual property

  • All Website, Programme, mentorship and consultancy materials (including the Content of the SYFB Programme and Online Education) are developed, owned and provided by Fashion Equipped.
  • Fashion Equipped retains all copyright, trade marks, design rights and other intellectual property rights (registered and unregistered) in and on the Services and all Content (including all applications and materials) located on or available through the Services.
  • Programme materials are provided to you for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any of Fashion Equipped’s Content except for your own personal, non-commercial use.
  • You must not use or reproduce any Content or material which is protected by intellectual property rights (including software, photographs and videos), if to do so would infringe the intellectual property rights of the owner or any other person with intellectual property rights in the materials. Nothing contained in these Terms shall be construed as conferring any license or right to use any copyright, design rights and trade marks of Fashion Equipped or any other party.

 

4. Availability of the Services

  • Fashion Equipped provides Services through a variety of Media, including online, in person or by video conference. Where you have ordered a specific Service, you will be invited to select from the services provided (such as shown in a quotation or proposal) that best suits your needs.
  • Although we aim to offer you the best service possible using all reasonable skill and care, we make no promise that the Services will meet your requirements. We cannot guarantee that the Services will be fault-free. If a fault occurs with the Services you should report it to info@fashionequipped.com.au and we will attempt to correct the fault as soon as we reasonably can.
  • Your access to the Services may be occasionally restricted to allow for repairs, maintenance, or the introduction of new Services. We will attempt to restore the Services as soon as we reasonably can.
  • Fashion Equipped reserves the right to refuse to provide any Services or information that, in its reasonable opinion, it is inappropriate to provide.

 

5. Registration for Services

  • In order to participate in and contribute to certain Services you will be required to register with Fashion Equipped at our Website. Any personal information supplied to Fashion Equipped as part of this registration process or any other use of the Services will be collected, stored and used in accordance with Fashion Equipped’s Privacy Policy (which can be found here).
  • We will only provide Services that require access via registration to people who are over 18 years old.
  • You must keep your personal and contact information accurate and up to date.
  • All user accounts must be registered with a single valid personal email address that you access regularly. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice.
  • You must keep your password and username confidential and not disclose them or share them with anyone. If you know or suspect that someone else knows your password, you should notify us by contacting Fashion Equipped immediately.
  • Fashion Equipped reserves the right to:
    • require users to re-validate their account if we believe they have been using an invalid email address;
    • require you to change your password or suspend your account if Fashion Equipped has reason to believe that there is likely to be a breach of security or misuse of the Service;
    • close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts the Services in any way; and
    • take action against multiple accounts if you have registered more than one account.

 

6. Fashion Equipped’s right to suspend or cancel your registration

If you have registered to access any Services:

  • We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms.
  • You can cancel your registration at any time by informing us in writing at info@fasionequipped.com.au. If you do so, you must stop using any Services that require access via registration.
  • The suspension or cancellation of your registration and your right to use Services that require access via registration shall not affect either party’s statutory rights or liabilities.

 

7. Disclaimers and limitations of liability

  • Programmes and the Services are provided on an ‘as is’ basis.
  • You acknowledge and agree that any access to or use of the Services (including the Website and Programmes) is at your own risk.
  • All information is given by way of recommendation and suggestion by Fashion Equipped and you fully accept that this is the basis upon which the information is given and you will be responsible for how this information is used.
  • The Content of the Services is of a general nature and you should seek professional legal, financial, and accountancy advice before implementing.
  • We do not make any representations or warranties about the availability, functionality or performance of the Services (including the Website and Programmes).
  • Fashion Equipped shall not be liable for any costs, losses or damages allegedly suffered by you.
  • To the maximum extent permitted by law, we exclude all conditions and warranties (express or implied) in relation to Services, including all implied conditions and warranties of merchantability, satisfactory quality, fitness for any particular purpose and non-infringement, except for any condition or warranty implied by law, the exclusion of which would contravene any statute or cause any part of this term to be void.
  • Except as stated in these Terms and to the maximum extent permitted by law, we exclude all liability, whether in contract, tort (including negligence) or under statute, arising from or connected with these Terms or the operation or use of the Services (including the Website and Programmes), our Content, or any Third Party Content.
  • While we try to ensure that all Content provided by Fashion Equipped or Third Parties is correct at the time of publication no responsibility is accepted by or on behalf Fashion Equipped for any errors, omissions or inaccurate Content or data accessible through the Services (including the Website and Programmes).
  • You indemnify and agree to keep us indemnified from and against all damages, losses and expenses of any kind (including legal costs) incurred by us in connection with any claim made against us by a person in connection with your actions in accessing or using the Services (including the Website and Programmes), our Content, or any Third Party Content.
  • Fashion Equipped does not warrant that functions available on or through the Services (including the Website and Programmes) will be uninterrupted or error free, that defects will be corrected, or that the platform or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

 

8. Breach

  • If you breach these Terms and Fashion Equipped chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms.
  • Fashion Equipped shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.

 

9. Prices and payment

  • Any order you make is an offer to purchase a Service from Fashion Equipped. There will be no contract of any kind between you and us unless and until you make authorised payment for the Service. At any point up until then, we may decline to supply the Service to you without giving any reason. The Service will be made available to you once your payment has been authorised and the Service has started.
  • The start date for the Services will be:
    • For the SYFB Programme: according to the details and inclusions listed on our Website. Your enrolment entitles you to 12 months access to the SYFB Programme materials. After 12 months, if you would like to continue your access, you will be invited to join the Alumni membership at an ongoing monthly fee. Details of the Alumni membership will be provided at the time of your 12 month anniversary.
    • For YMC: according to the scheduling that you request via the platform on our Website and/or in accordance to the services offered in a proposal and quotation for any ongoing mentorship, consultancy or project management.
    • For Online Education: according to information published on our Website and other Media. These events are usually one-off, taking place at the time and via online platforms as advertised.
  • The fee for each Service is listed on our website or any other document we provide to you. All fees are payable as detailed in information we provide to you, which may be:
    • For the SYFB Programme: in advance of each online programme’s start date as set out on our website.
    • For YMC: according to our proposal and quotation to you.
  • Registration and payment for Online Education activities may be facilitated by Third Parties, such as Eventbrite.
  • All payments and all credit card handling are through a Third Party Payment Service. Authority for payment must be given at the time of placing your order. You should check the terms and conditions of the Third Party Payment Service. Your credit/ debit card details are not handled by Fashion Equipped.
  • Full payment or instalments as quoted to you is to be made at the time of enrolment. All monies are non-refundable once payment has been made.
  • In the case of a payment plan, payments are conducted over part payment transactions via the Third Party Payment Service. It is the account holder’s responsibility to check with their financial institution to confirm that direct debits can be made from their account.
  • If an instalment payment is rejected under a payment plan due to insufficient funds in your account, Fashion Equipped reserves the right to suspend your service.
  • Users not wanting to use a Third Party Payment Service do have the alternative to purchase a Service by direct bank transfer. To do so, please contact info@fashionequipped.com.au.

 

10. Definitions

In these Terms:

  • “Content” includes log in details, materials, including videos, workbooks, templates, worksheets, images, logos, and designs.
  • “Fashion Equipped”, “we”, “us” or “our” means Fashion Equipped Pty Ltd (ACN 160417247) as Trustee for Fashion Equipped Trust (ABN 45185313410), which is registered in Australia and whose office address is at Level 5, 115 Cecil Street, South Melbourne VIC 3205.
  • “Media” means any method by which Fashion Equipped distributes its Content and communicates with you, other users of our Services and Third Parties, including in online, print, video, teleconference, or audible format and includes the Website, blog articles, social media and advertisements.
  • “Online Education” means workshops and masterclasses conducted online and provided by Fashion Equipped. Our Online Education often features Third Party guest speakers, to give you access to specialised knowledge in specific aspects of fashion business.
  • “Programme” means any specific Service offerings provided by Fashion Equipped on a fee for service basis and includes the SYFB online Programme, Online Education, and YMC.
  • “Services” means all services or information provided by Fashion Equipped to you as advertised on Fashion Equipped’s Website, such as Online Education, mentorship, consultancy or project management, outlined in a proposal and quotation or requested by you in person, electronically or by phone (regardless of the Media through which is it communicated) and includes the Website and all Programmes offered from time to time.
  • “SYFB Programme” means Fashion Equipped’s “Start your Fashion Business” online Programme and community provided within Australia and internationally.
  • “Terms” means these Terms & Conditions.
  • “Third Party” means subcontractors, suppliers, and consultants including Designers, Technical resources and Specialist Services, whether acting for Fashion Equipped or another entity.
  • “Third Party Payment Service” means PayPal Inc, Stripe or any other payment service as available from time to time
  • “Website” means Fashion Equipped’s website fashionequipped.com.au.
  • “YMC” means Fashion Equipped’s Your Mentor Collective, a one on one mentorship and consultancy Service.
  • “You” means you, the person, firm, company or organization accessing or requesting the Services.

 

11. General

  • If any part of the Terms is found to be unenforceable, the remaining parts will remain in full force and effect.
  • These Terms will be subject to the laws of Victoria, Australia.
  • We will try to solve any disagreements quickly and efficiently.
  • You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
  • We may amend the Terms from time to time in our sole discretion. Amendments will be effective immediately on publication on the Website. Your continued use of the Website following amendments to the Terms constitutes your acceptance of the amended Terms.
  • All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

TERMS SPECIFIC TO THE SYFB PROGRAMME

12. Use of the SYFB Programme

  • Your purchase of the SYFB Programme permits single, personal and private usage only. You must keep your password and username confidential and not disclose them or share them with anyone.  Doing so will be in breach of these Terms. If you know or suspect that someone else knows your password you should notify us by contacting Fashion Equipped (such as by email to info@fashionequipped.com.au) immediately.
  • We operate a ‘fair use’ policy to protect the quality of service to our users. We reserve the right to manage or regulate your usage of the SYFB Programme. This may include temporarily or permanently suspending your user account if there is a breach of Fashion Equipped’s Terms.

 

13. Delivery of the SYFB Programme

  • A confirmation email will be sent to you acknowledging payment and successful enrolment into the SYFB Programme.
  • A schedule, containing commencement dates for each module will be provided in your welcome email prior to each SYFB Programme commencement date.
  • Group video calls will be announced in the Facebook Group each month they are due to take place.
  • Further communication will be issued by email indicating the specific date, time and log in details for the group video calls. 3-5 days’ notice will be given in advance of group calls and reminders will be sent.
  • Users will be notified by email of an online URL where the course access will be located. You will be required to create a username and password for logging into the site and accessing the SYFB Programme upon commencement.
  • The SYFB Programme content will be delivered and ‘unlocked’ as per the schedule provided. Once a lesson and/or module is completed by the user, they will have access to this material for the lifetime of our Website and in accordance with these Terms.
  • Users will also gain access to the SYFB Programme’s private group on a social media platform (such as facebook) and will be invited to join upon enrolment in the SYFB Programme.
  • Please be aware that the audio and visual Content of the group video calls (including participants’ contributions) will be recorded. The audiovisual recording will be uploaded to the learning platform for participants in the same cohort of the SYFB Programme to access. As a participant of the group video calls, by agreeing to these Terms you are agreeing to be recorded.
  • At times you may be invited to join an online masterclass or workshop as part of our fee for service Online Education.

 

14. Using the SYFB Programme

  • Because of the nature of the internet, errors and omissions can occur.
  • Fashion Equipped reserves the right, at its discretion, to make changes to any part of any SYFB Programme provided that it does not materially reduce its Content or functionality.
  • You must give reasonable notice when booking consultations and requesting remote support. Timeframe requests need to be approved by Fashion Equipped to enable us to deliver to you the best quality Services possible.

 

15. Cancellation and refunds

  • It is not possible for you to cancel or postpone the SYFB Programme. Refunds cannot be made for downloadable digital products, therefore, once the SYFB Programme for your cohort has commenced, no refunds will given.
  • In the event that Fashion Equipped withdraws or is permanently unable to deliver a particular component of the SYFB Programme, a partial refund will be given covering the portion of the SYFB Programme that remains undelivered.
  • If you have a concern relating to cancellation or refunds please contact info@fashionequipped.com.au.

 

TERMS SPECIFIC TO YMC

16. Delivery of the YMC

  • A confirmation email will be sent to you acknowledging payment and successful acceptance into YMC.
  • You can schedule each mentoring session using the platform on our Website.
  • As the Services delivered through YMC will be tailored to your requirements, you should refer to information we provide to you about YMC for further details. This may include a mentoring session, business strategy consultation and a monthly mentorship accelerator package.
  • Consultations are facilitated by one or more company consultants as outlined when booking online or provided in a quotation and held via video call, online, or at a location nominated by Fashion Equipped.
  • Your mentor may provide you with referrals. These are at no additional charge for you, however any time involved in researching, liaising or connecting a resource is part of your mentor’s time allocation.
  • Additional Fees will apply to any Third Party services procured on your behalf (such as in an area of the fashion business that is outside the scope of your mentor’s expertise, which may be as a Fashion Designer, Graphic Designer, Garment Technician, Pattern Maker, Fit Models, Website Developer, PR Agency or Services). We will inform you and provide you with a proposal and quotation before procuring any Third Party services.
  • Longer term YMC packages, once agreed and confirmed, cannot be put on hold, delayed or deferred. The duration of the YMC Service is a commitment between you and Fashion Equipped as per start and completion dates nominated in the agreement. Only exceptional circumstances it will the discretion of the company to accommodate any variation requests.
  • Fashion Equipped will carefully consider all requests to extend the YMC Service beyond the initial duration and will provide a further proposal and quotation based on your requirements.

 

17. Using YMC

  • Because of the nature of the internet, errors and omissions can occur.
  • Fashion Equipped reserves the right, at its discretion, to make changes to any part of YMC provided that it does not materially reduce the Content or functionality delivered to you.
  • You must give reasonable notice when booking consultations and requesting remote support. Timeframe requests need to be approved by Fashion Equipped to enable us to deliver to you the best quality Services possible.

 

18. Cancellation and refunds

  • When you book a mentoring session with YMC, this ensures your time allocation is secured and reserved for you. Therefore, the following is in place:
    • A full refund will be given for cancellations that occur up to 14 Days in advance of the date of your booked session.
    • The scope and duration of mentoring sessions are as per the proposal and quotation or any other agreement made between you and Fashion Equipped.
  • In the event that Fashion Equipped withdraws or is permanently unable to deliver a particular component of the YMC, a partial refund will be given covering the portion of the YMC that remains undelivered.
  • If you have a concern relating to cancellation or refunds please contact info@fashionequipped.com.au.

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