TERMS & CONDITIONS
Welcome to Own Muse.
Own Muse is brought to you by a private company (referred to in these Terms as "we", “us" and "our"). We are a company based in Sydney, Australia with ABN: 879 084 450 94.
Not responsible / liable for incorrect prices.
You are solely responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display on the Services (including product reviews, the items you select as part of “My Account Items" or "My Own Muse" and comments you post in respect of other user's "Own Muse") will be able to be viewed by other users of the Services and through third party services and websites. You can go to your account "Settings" page to disable your account, in which case no one will be able to view your Content or "My Own Muse" and you will be logged out. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you are at least 13 years of age. We do not knowingly market or sell products for purchase by children.
You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
If you open an account on behalf of a company, organisation, or other entity, then: "you" includes you and that entity; and you represent and warrant that you are authorised on behalf of that entity to bind the entity to these Terms; and you agree to these Terms on the entity's behalf.
The Services that Own Muse provides are always evolving and the form and nature of the Services that Own Muse provides may change from time to time without prior notice to you.
In addition, Own Muse may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
Own Muse retains the right to create limits on use and storage at its sole discretion at any time without prior notice or any liability to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Own Muse on the Services are subject to change.
In consideration for Own Muse granting you access to and use of the Services, you agree that Own Muse and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
In order to register, you are required to provide your email address and password. You are also able to add a profile picture and bio, and add user preferences.
You agree to register with Own Muse and access and use your account solely for personal use. You may not authorise others to use your account.
You are solely responsible for keeping your registration and other personal details (including your password) for your account confidential.
You shall promptly notify Own Muse of any actual or suspected unauthorised third party access to your account. You shall co-operate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorised receipt, access or use of your account by any third party.
You warrant that all registration information and personal details provided to Own Muse is true and accurate.
Buying Products Through Own Muse
Own Muse is an online intermediary which partners with some of the world's best known brands to give you a wide array of fashion items to buy.
To buy products through Own Muse
When you select a particular product that you wish to buy, you will be taken directly to the third party Own Muse merchant (the “Own Muse Partner") website and asked to provide further personal details, which are likely to include your billing and delivery address, and payment card details.
Own Muse Partner Websites
If you are making a payment on one of our Own Muse Partner websites, payment can be made by any card accepted by the Own Muse Partner that delivers the product. You will be asked to enter your shipping details, billing details and payment details in order to purchase the product from the Own Muse Partner.
Accessing The Services
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the Services at any time.
From time to time, we may restrict access to some or all parts of our Services.
Content On The Services
All Content you post on the Services (such as product reviews or comments on other people's "Own Muses") is the sole responsibility of the person who originated such Content.
Although Own Muse does not routinely screen or monitor content posted by users of the Services, Own Muse reserves the right to do so and to remove content which violates these Terms (or applicable law) of which Own Muse becomes aware, but Own Muse is under no obligation to do so. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. If we are notified by a third party that the Content you submit or post is in violation of these Terms or any applicable law, either in letter or in spirit of these Terms, we reserve the right to remove such Content from the Services without notice to you.
Own Muse does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed by users of the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Own Muse be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Following termination or deactivation of your account, or if you remove any Content from the Services, we may retain your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, we and other users of the Services may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.
We allow you to follow other Own Muse users and items and "Own Muses" they have compiled on the Services. By using the Services, you agree to allow other users of the Services to follow you.
You retain your rights, including copyright and other intellectual property rights, to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services from time to time, you grant Own Muse a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works from, and distribute such Content in any and all media or distribution methods (whether now known or later developed).
You agree that this licence includes the right for Own Muse to make such Content available to other companies, organisations or individuals who partner with Own Muse for the syndication, broadcast, distribution or publication of such Content on other media and services.
You agree that no compensation will be payable to you in respect of any of the foregoing uses by Own Muse, or other companies, organisations or individuals who partner with Own Muse with respect to the Content that you submit, post, transmit or otherwise make available through the Services. You waive all moral rights (or similar or equivalent rights in other jurisdictions) you have in such Content to the fullest extent permitted by law.
Own Muse may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and Own Muse's third party partners. You understand that your Content may be used, reproduced or displayed by Own Muse's partners and if you do not have the right to submit Content for such use, it may subject you to liability. Own Muse will not be responsible or liable for any use of your Content by Own Muse in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Own Muse gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Own Muse, in the manner permitted by these Terms.
The rights in the Service are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the Services.
Own Muse Rights
All right (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the Content (excluding Content provided by users of the Services) including but not limited to all information, data, text, maps, graphics, the "look and feel", logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Own Muse and its licensors. The Services are protected by copyright, trade mark, and other laws and treaties around the world. All such rights in the Services, Content (excluding Content provided by users of the Services) and related material are reserved.
Own Muse is a registered trade mark of Own Muse. Both the trade mark and the Own Muse logo are owned by us and cannot be used without our prior written consent. Nothing in the Terms gives you a right to use the Own Muse name or any of the Own Muse trade marks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Own Muse, or the Services is entirely voluntary and Own Muse will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
You may print off one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others within your organisation to material posted on our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not copy any part of the Content, with a view to creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.
If you copy or download any part of the Services or Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Restrictions On Content And Use Of The Services
You shall not use the Services: in any way that violates any local, national or other laws or regulations or any order of a court in any relevant jurisdiction; for any purpose that is not permitted by these Terms; in any way that infringes the rights of any person or entity, including their copyright, trade mark or other intellectual property rights, or other privacy or contractual rights; to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind; in any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other user; in any way that promotes or incites, whether intentionally or unintentionally, racism, bigotry, hatred or physical harm of any kind; in any way that is abusive, defamatory, inaccurate, obscene, offensive, objectionable or sexually explicit; to post photographs or images of another person without his/her permission (and if a minor, the permission of the minor's legal guardian); to promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person; to access, tamper with, cause damage to, or use non-public areas of the Services, Own Muse's computer systems, servers or equipment or the technical delivery systems of Own Muse's providers to access or attempt to access any data of other users of the Services or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; in any way that intentionally or unintentionally deceives, defrauds or swindles any other user; to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services, including but not limited to cancelbots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware; interfere with, or disrupt, (or attempt to do so), the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; to copy, modify, or distribute any other users' Content without their consent; for commercial purposes other than as expressly permitted in these Terms; to bypass measures used to prevent or restrict access to the Services; to solicit or provide unlawful services; to harvest or otherwise collect information about others without their consent; to gain unauthorised access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services; to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; to scrape, crawl or spider or otherwise use the Services or any Content for phishing, spamming, trolling or any unauthorised (commercial) purpose; or to promote or support or solicit involvement in any political platform or cause, religion (recognised as organised or unorganised), cult or sect of any kind.
Own Muse reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Own Muse also reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or; (v) protect the rights, property or safety of Own Muse, its users and the public.
Except as permitted through the Services (or these Terms), you have to use the Own Muse API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.
While we will do what we can to protect the security of your Content and account, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Competitions And Promotions
Own Muse may on occasion run competitions or promotions either on its own behalf, for other parties or in conjunction with the Own Muse Partners. These will be subject to additional rules and conditions which will be made available at the time of any such competition or promotion.
The Services Are Available "as-is"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis.
Without limiting the foregoing, Own Muse AND ITS PARTNERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATION), GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED.
Own Muse makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content thereon. Own Muse will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Own Muse has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Own Muse makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Own Muse or through the Services, will create any warranty not expressly made herein.
We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any Content posted on it, or on any website or application linked to it.
We are not liable to you for any inability to access the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).
Limitation Of Liability
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Own Muse AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY:
(i) LOSS OF PROFITS, SALES OR CONTRACTS;
(ii) LOSS OF INCOME OR REVENUE,
(iii) LOSS OF BUSINESS OPPORTUNITY OR GOODWILL OR REPUTATION;
(iv) LOSS OR CORRUPTION OF DATA OR INFORMATION;
(v) LOSS OF ANTICIPATED SAVINGS;
(vi) WASTED MANAGEMENT OR OFFICE TIME; OR
(vii) ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITATIVE DAMAGES,
ARISING FROM OR IN ANY WAY CONNECTED TO:
(i) YOUR ACCESS TO OR USE OF THE SERVICES;
(ii) YOUR DELAY IN USING, OR INABILITY TO ACCESS OR USE THE SERVICES;
(iii) THE FULFILMENT OF YOUR ORDERS FROM OUR Own Muse PARTNERS ONCE YOU HAVE PLACED AN ORDER THROUGH Own Muse, INCLUDING BUT NOT LIMITED TO THE DELIVERY, EXCHANGE, RETURN OR REFUND OF ITEMS YOU HAVE PURCHASED FROM Own Muse PARTNERS;
(iv) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(v) USE OF ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES; OR
(vi) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.
NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SERVICES, SHALL BE LIMITED TO £100.
NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER OR LIMIT OR EXCLUDE OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER LAW.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
You are responsible, and assume liability, for all Content that you add, or link to, the Services. You agree not to hold us responsible for things other users say or do through the Services. If you have a dispute with another user, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason, including (without limitation) in circumstances where;
(i) we have reasonable grounds to suspect unauthorised or fraudulent use of the Services;
(ii) we reasonably suspect that you have not complied with these Terms; or
(iii) we reasonably suspect a breach of confidentiality or infringement of our intellectual property rights by you or a third party;
and to the maximum extent permitted by the law, we expressly exclude all relevant conditions, warranties of any kind (either express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity in relation to any liability that you may claim we owe to you in respect of such suspension, withdrawal or amendment.
On termination of these Terms (for whatever reason) all licences and rights granted to you in relation to the Services shall immediately come to an end.
Waiver And Severability
The failure of Own Muse to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms are the entire and exclusive agreement between Own Muse and you regarding the Services (excluding any services for which you have a separate agreement with Own Muse that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Own Muse and you regarding the Services. Other than members of the group of companies of which Own Muse is the parent, no other person or company will be third party beneficiaries to the Terms.
You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty or undertaking not expressly incorporated in them.
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution at the address given below or via e-mail at firstname.lastname@example.org. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any failure by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
The Services licensed personally to you and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party.
We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.
Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.
Own Muse may revise these Terms from time to time, the most current version will always be at Own Muse.com/pages/terms-conditions. If the revision, in Own Muse's sole discretion. By continuing to access or the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Own Muse.
If you have any questions about these Terms, please contact us.
Effective: June 2017