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Terms and Conditions

Last Updated: 01 September 2019

These Terms and Conditions are a legally binding contract between you and Finding Rosie Pty. Limited(“Finding Rosie”, “we”, or “us”) and our website at www.findingrosie.com along with our related websites, networks, and other services provided by us (collectively, the “Service”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

Finding Rosie Service Overview. Finding Rosie is a multi-brand lingerie, underwear and loungewear e-commerce retail platform.

Accounts and Registration. To access some features of the Service, you may decide to register for an account (“Account”). When you register for an Account, you may be required to provide us with some information about yourself, such as your name, address, email address, billing information or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you must immediately notify us at info@findingrosie.com.

General Payment Terms. Before you pay for an item/s you’d like to purchase (“Products”), you will have an opportunity to review and accept the fees that you will be charged on our checkout page.

    1. Price. Finding Rosie reserves the right to determine pricing for Products. Finding Rosie will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Finding Rosie may change the fees for any Product at any time. Finding Rosie, at its sole discretion, may make promotional offers with different features and different pricing to any of Finding Rosie’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
    2. Shipping Charges. We will list shipping charges for your order upon checkout, and you must pay all shipping charges for the location of the address you provide. Please note that international packages may be subject to duties and taxes. You are responsible for payment of all tariff, import, customs, tax, and other charges applicable in your jurisdiction. The limits for duty-free packages are established by your local customs authorities. Please check your local customs website for more information.
      1.  Shipping Restrictions. To check if Finding Rosie ships to your country, please check out shipping page.
    3.  Delivery. Finding Rosie will attempt in good faith to deliver your items in accordance with your order, but Finding Rosie will not be responsible or liable for any delays or failure in such delivery. Finding Rosie expressly reserves the right to effect delivery of any order in any number of separate shipments, and the modes of transport and carriers will be decided at Finding Rosie’s discretion. Your order will be delivered to the delivery address you specify when placing your order. For Australian orders, Finding Rosie will only select signature on delivery required if you select this at checkout. Otherwise, your order will be sent without signature required and Finding Rosie will not be liable for missing packages if the tracking number indicates ‘delivered’ by the postal company. Finding Rosie will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond Finding Rosie’s reasonable control. In such cases, Finding Rosie will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there.
    4.  Authorization. You authorize Finding Rosie to charge all sums for the orders that you make, including all applicable taxes, to the payment method specified at checkout.
    5.  Payment Processing. Finding Rosie has partnered with third party payment processors to process payments you make via the Service. You agree to AfterPay’s terms and conditions.
  1. Refunds and Exchanges. Products purchased from Finding Rosie are eligible for a full refund if Finding Rosie receives your return within 30 days of purchase. You also have 30 days after purchase for exchanging Products for another item of equal value on the website. If you receive an item that is damaged, please contact customer service immediately. Shipping charges on expedited orders are not refundable. If you return more than $800 in a 12 month period you may be subject to a modified return policy. We will contact you if you are subject to the modified policy.
    1.  Returns and Exchanges. For all customers, please visit https://findingrosieau.myreturnscenter.com/ to start your return.
    2.  Refunds. We will send you confirmation when your return has been received by Finding Rosie. Please note that returns may take 4-7 business days to process once received. Once your return is processed and your refund is issued, you will receive a refund confirmation email. Refunds can take several business days to reflect on your credit card account depending on your financial institution.
    3.  Eligibility and Exceptions. Products must be returned unworn, unwashed, undamaged, unused, and with all original tags attached. A small number of heavily discounted items may be marked “final sale”, in which case they are not eligible for refund, exchange, or credit.
Limited Warranty. Finding Rosie only carries merchandise that is purchased directly from the brands themselves. Please be aware that even such products are not entirely free of workmanship errors, including occasional missing threads and similar defects. Many products, do wear out or develop holes with regular wear-and-tear over time. Finding Rosie warranties all products to be free of such problems for the first 90 days from the date of purchase, and will replace or refund your purchase in the event such a problem occurs.
  1. After 90 days, we may, but are not obligated to, attempt to assist with repairs, including providing replacement hardware such as lost buttons to the extent these items or repair services are available from the designer, but we will not provide a complete replacement or refund after 90 days unless the designer is willing to replace or reimburse the product at that time.
Licenses.
    1.  Limited License. Subject to your complete and ongoing compliance with these Terms, Finding Rosie grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.
    2.  License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
    3.  Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Finding Rosie an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

Ownership; Proprietary Rights. The Service is owned and operated by Finding Rosie. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Finding Rosie are protected by intellectual property and other laws. All Materials included in the Service are the property of Finding Rosie or its third party licensors. Except as expressly authorized by Finding Rosie, you may not make use of the Materials. Finding Rosie reserves all rights to the Materials not granted expressly in these Terms.

Third Party Terms

    1.  Third Party Services and Linked Websites.Finding Rosie may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Finding Rosie with an account on the third party service, such as Pinterest, Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Finding Rosie may transfer that information to the applicable third party service. Third party services are not under Finding Rosie’s control, and, to the fullest extent permitted by law, Finding Rosie is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Finding Rosie’s control, and Finding Rosie is not responsible for their content.
    2.  Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
User Content
    1.  User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
    2.  Limited License Grant to Finding Rosie. By providing User Content to or via the Service, or by submitting any User Content to any social media platform using a Finding Rosie-branded hashtag, you grant Finding Rosie a worldwide, non-exclusive, irrevocable, transferable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
    3.  Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
    4.  User Content Representations and Warranties. Finding Rosie disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
      1.  you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Finding Rosie and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Finding Rosie, the Service, and these Terms;
      2.  your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Finding Rosie to violate any law or regulation or otherwise cause liability for Finding Rosie; and
      3.  your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
    5.  User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Finding Rosie may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Finding Rosie with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Finding Rosie does not permit copyright-infringing activities on the Service.
    6.  Monitoring Content. Finding Rosie does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Finding Rosie reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Finding Rosie chooses to monitor the content, Finding Rosie still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
    1.  use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    2.  harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
    3.  violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
    4.  interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    5.  interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
    6.  perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth

Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes.


Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service and Products, and you will defend and indemnify Finding Rosie and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Finding Rosie Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.

Disclaimers; No Warranties Unless identified in these terms, Finding Rosie disclaims all warranties of any kind, whether express or implied, relating to the service, products and all materials available through the service.

Limitation of Liability Finding Rosie will not be liable for any direct or indirect, incidental, consequential damages (of any kind) that arise from your use of our service or inability to use our service.

Privacy

Your privacy is very important to us and we will always act to protect your information in accordance with our Privacy Policy. Our Privacy Policy constitutes part of these Terms and Conditions, and can be seen at our Privacy page.

Copyright

Copyright in this website is the property of Finding Rosie. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Finding Rosie and third parties. This property may only be used for the purposes of browsing this website and acquiring goods and services made available at this website.

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