Terms & Conditions
OVERVIEW
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This website, along with all its content, is owned and operated by Immbrace. The terms "we," "us," and "our" refer to Immbrace throughout the site. Immbrace provides this website, including all available information and services, to you, the user, on the condition that you accept all terms, conditions, and policies outlined here.
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GENERAL CONDITIONS
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We reserve the right to refuse service to anyone, at any time, for any reason. You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks, and (b) modifications to meet the technical requirements of connecting networks or devices.
Credit card information is always encrypted during network transfers. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided.
PRODUCTS
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Immbrace strives to accurately represent all products on the website; however, please note that sizes and colours may vary from their displayed images. Under Australian Consumer Law, you are entitled to a replacement or refund for a major product failure. For minor failures, you are entitled to have the product repaired or replaced.
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ORDERS
By making a purchase through Immbrace.com, you confirm that you are over 18 and have the legal right to do so.
We strive to process all transactions on the next business day. However, during busy sale periods, delays may occur, and we are not liable for late deliveries or any associated loss, damage, or costs.
Deliveries are handled by Australia Post, and we cannot guarantee delivery times as they are beyond our control once your purchase leaves our warehouse. We are not liable for lost parcels once they are in the control of Australia Post after leaving our warehouse.
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Immbrace is hosted by Wix, which provides our online e-commerce platform, and uses third-party providers, PayPal and Stripe, as Payment Gateway Providers. By completing a transaction, you agree to be bound by the Terms and Conditions of these Payment Gateway Providers.
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All orders are subject to acceptance by Immbrace. We reserve the right to cancel an order for reasons such as product availability, unauthorized payments, or any other reason at our discretion. Immbrace also reserves the right to correct errors or inaccuracies related to price, product availability, or product descriptions. If your order is rejected for any reason, you will receive a full refund for any amount paid.
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CHARGES
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All prices on the website are listed in Australian dollars, and you will be charged in Australian dollars. Pricing is subject to change without notice. All sales are final, and you are responsible for paying all charges associated with your transaction, including shipping and handling fees.
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CUSTOMS AND IMPORT DUTIES
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For international orders, local charges may apply. Any customs or import duties are levied once the parcel arrives in the destination country and are the responsibility of the recipient to pay. We are not liable for reimbursing any extra costs incurred upon delivery. Customs clearance issues may cause delays in the delivery of international parcels, and we are not accountable for any resulting loss or additional expenses.
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COPYRIGHT
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All content on the site is safeguarded by copyright, trademark, and intellectual property rights and remains the exclusive property of Immbrace. Any copying or reproduction of intellectual property is strictly prohibited and unlawful.
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USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
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If, upon our request, you provide certain specific submissions (such as contest entries), or if you independently send creative ideas, suggestions, proposals, plans, or other materials, whether via online channels, email, postal mail, or otherwise (collectively referred to as "comments"), you agree that we may, without limitation, edit, copy, publish, distribute, and utilize in any medium any comments forwarded to us.
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We are not obligated to (1) maintain any comments in confidence; (2) provide compensation for any comments; or (3) respond to any comments. While we may, at our sole discretion, monitor, edit, or remove content that we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or our Terms of Service, we have no obligation to do so.
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You must not use a false email address, impersonate someone else, or otherwise deceive us or third parties regarding the origin of any comments. You bear sole responsibility for the accuracy of any comments you make. We assume no responsibility and accept no liability for any comments posted by you or any third party.
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SOCIAL MEDIA
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By using the hashtag #Immbrace, you consent to the sharing of your image on the website. While you retain copyright ownership of any photo you have taken, you grant Immbrace permission to use and reproduce your photo in our website feed.
If we choose to display or repost your photo, we may do so in whole or in part without the obligation to identify you, compensate you, or seek prior approval.
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By tagging a photo with #Immbrace, you affirm and acknowledge that: you have obtained consent from any individuals depicted in the photo; you are at least 18 years old or have parental consent to share photos as described in these terms; your photos do not contain any pornographic, racist, sexist, discriminatory, defamatory, degrading, illegal, harassing, or offensive content, nor do they violate anyone's privacy, intellectual property, or other rights.
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LIMITATION OF LIABILITY
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We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. You agree that we may, from time to time, remove the service for indefinite periods or cancel it at any time without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services provided to you through the service are, except as expressly stated by us, provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Immbrace, our owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
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You agree to indemnify Immbrace against all legal actions, losses, damages, or costs incurred by you due to site information, prices, or products or in connection with Immbrace and the use of the website Immbrace.com.
THIRD PARTY WEBSITES
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The Website includes links to other websites controlled by third parties (Third Party Websites). Immbrace holds no responsibility for any content on Third Party Websites. We are not accountable for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with any third-party websites. Prior to engaging in any transaction, please carefully review the policies and practices of the third party and ensure you understand them.
COOKIES
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In certain sections of our website, cookies are utilized to track website navigation, enhancing our ability to deliver improved service.
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MODIFICATIONS AND SEVERABILITY
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Immbrace retains the right to update or modify our site, policies, including these Terms and Conditions, and any information on the site at any time without prior notice. Please check regularly for any updates. Your continued use of the website following any changes will indicate acceptance of those changes.
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If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions.
ENTIRE AGREEMENT
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Our failure to exercise or enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or regarding the Service, constitute the entire agreement and understanding between you and us, governing your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).
PROHIBITED USES
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You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to engage in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to engage in harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. You must not transmit any worms or viruses or any code of a destructive nature. Violation of any of these terms will result in immediate termination of your Services. We reserve the right to terminate your use of the Service or any related website for engaging in any prohibited activities.
GOVERNING LAW
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These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia .
TERMINATION
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The obligations and liabilities of the parties incurred before the termination date shall continue to be effective after the termination of this agreement for all purposes. These Terms of Service remain in effect unless and until terminated by either you or us. You have the option to terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or by discontinuing the use of our site. If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or if we suspect such failure, we may terminate this agreement at any time without prior notice. In such cases, you will remain responsible for all outstanding amounts up to and including the date of termination. Additionally, we may deny you access to our Services (or any part thereof) accordingly.
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May 24, 2024