This website www.phenixjewellery.com ("website") is operated by Phenix Jewellery Pty Ltd ("Phenix").
Your access to and use of this website is conditional upon your acceptance and compliance with the terms and conditions contained in this document and elsewhere on the website (known collectively as the “Terms and Conditions”). Your use of and/or continued access to this website constitutes your agreement to comply with these Terms and Conditions and any amendments and to be bound by them.
If you object to any of the Terms and Conditions or any amendments you should not access or use the website. If you violate any Terms and Conditions, your right to use and access the website automatically terminates.
Phenix reserves the right to occasionally vary and update these terms and conditions without prior notice. Your continued use of the website after such changes constitutes your acceptance of the variations. We therefore recommend that you review this page on future visits to this site.
All of the content you see on this website, including all of the page headers, images, illustrations, graphics, information, data, software, advertisements, text and other material (“Content”), are subject to trademark, copyright and/or other intellectual property rights or licenses held by Phenix, one of its affiliates or by third parties who have licensed their materials to Phenix, and are protected by Australian and international intellectual property laws. The entire Content of the website is copyrighted as a collective work, and Phenix owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the website, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download a single copy, print a single hard copy and store a temporary copy (in your computer’s cache) of the Content, provided you:
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Phenix reserves complete title and full intellectual property rights in any Content you download from this website. Except as noted above, you may not use, copy, download, reproduce, modify, publish, distribute, transmit, store in a retrieval system, transfer or create derivative works from the Content, in whole or in part, without first obtaining written permission from Phenix. Nothing on the website should be construed as granting any license or right to use any name, logo or trademark without the express prior permission of Phenix or the relevant contributor.
You must notify Phenix immediately if you become aware of any third party that is or may be infringing the intellectual property rights in the website. You must give Phenix all assistance in relation to any infringement proceedings. Phenix shall have sole control of the defense and settlement of any infringement proceedings. Any recovery from infringement proceedings is the property of Phenix.
If a court or Phenix determines that the website or the Content have infringed or may infringe a third party’s intellectual property rights, Phenix shall have the right to alter, delete or modify the website or Content in order to avoid continuing infringement.
You must be able to form legally binding contracts to use the services provided on the website (i.e. purchase goods).
You must not take any action that might undermine the integrity of the services provided on the website. You must not use the website in any manner or for any purpose that is unlawful, or in any manner that violates any right of Phenix, or that is prohibited by the Terms and Conditions. In particular it is a condition of your use of and/or access to the website that you do NOT do any of the following:
Phenix reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any user of the website.
We welcome your feedback regarding the website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to the website shall be and remain the exclusive property of Phenix. Your submission of any such Comments shall constitute an assignment to Phenix of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Phenix will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
We have done our best to display as accurately as possible images and colours shown on this website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
When you purchase goods from the website you enter into a contract with Phenix and accept that you will be bound by the Terms and Conditions operating at the time you placed your order with Phenix.
When you purchase goods from the website the following terms and conditions form part of the Terms and Conditions:
Please see our link on this website headed “Delivery” for further purchase details.
You agree to defend, indemnify and hold Phenix, its subsidiaries, related entities, directors, officers, employees, agents and suppliers harmless from and against any and all claims, damages, costs, losses, liabilities and expenses, including attorneys’ fees, arising directly or indirectly as a result of your use of or access to the website or any breach or violation of the Terms and Conditions.
We may disclose information you provide to our site when we believe such disclosure is appropriate to comply with the law, to enforce or apply our Terms and Conditions and other agreements, or to protect the rights, property or safety of our sites, our users or others.
Phenix may terminate this agreement and your access to the website and the Content at any time without notice.
In the event of termination you must immediately cease accessing and using the website and the Content and (at Phenix option) return or destroy any hard copies of the Content to Phenix and any other electronic copies of the Content within your control or possession. All restrictions imposed on you, licenses granted by you and all disclaimers, indemnities and limitations of liability set out in the Terms and Conditions will survive.
The website may contain hyperlinks and other pointers to internet websites operated by third parties (“Linked Sites”). The Linked Sites are not under the control of Phenix and Phenix is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. Phenix provides these links to you as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Site by Phenix. You link to any such Linked Site entirely at your own risk. Phenix is not a party to any transaction between you and a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to these Terms and Conditions. If there is any inconsistency, to the extent of the inconsistency these Terms and Conditions prevail.
The website may also contain third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to Linked Sites). The display of such advertising does not in any way imply an endorsement or recommendation by Phenix of the relevant advertiser, its products or services or any such Linked Site. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law Phenix accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
Certain taxes and government charges may be payable in relation to the use of the website. Unless stated otherwise, Phenix has no responsibility for such taxes or other government charges.
If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions, which will continue in full force and effect.
All rights not expressly granted in this document are reserved.
Your use of this website and any purchases made from it will be governed by and construed in accordance with the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland and the Queensland District Registry of the Federal Court of Australia.
Orders on this website are accepted only for delivery to addresses within Australia.
The Competition and Consumer Act 2010 (Cth) and all corresponding state and territory legislation imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms (“Prescribed Terms“). Except as provided by the Prescribed Terms and to the fullest extent permitted by law, the following applies: