Terms and Conditions

  1. INTRODUCTION

This website is operated by Dress & Press Pty Ltd ACN 153 064 469 (D&P, We, Us). These terms and conditions (Terms) apply to the use of this website and any Services provided through the website with the domain name http://dressandpress.com.au (Website).  These Terms comprise the entire agreement between D&P and You in relation to use of the Services and create a binding legal contract between You and D&P.  D&P recommends that You read these Terms carefully.  Your use of this Website, and any provision of Services through it, are subject to these Terms and all applicable laws.  By using this Website in any manner, including but not limited to visiting or browsing the Website, You agree to be bound by these Terms, including those additional terms and conditions and policies referred to herein and/or available by hyperlink.  These Terms apply to all users of the Website.  If You do not understand or accept these Terms, You must exit this Website immediately.

 

  1. DEFINITIONS AND INTERPRETATION

2.1       Definitions

In these Terms:

Content means any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials;

D&P$  means the online credit provided by D&P to its members to rent any Garments within the “Borrow” section of the Website and which is not transferable or redeemable for cash;

Garments means garments and/or fashion accessories;

GST means the goods and services tax as imposed by the GST Law;

GST Law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time and any regulation made under that Act;

Liability means liability in or for breach of contract, breach of duty, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any clause of these Terms;

Member means a user of the Website who has applied and has been approved by D&P as a member;

Order means an order to rent Garments through the borrow section using D&P$ or cash or to buy Garments from the buy section;

Services means all or any of the services provided by D&P via the Website (or via other electronic communication from D&P) including information services, content and transaction capabilities on the Website;

Third Parties' Sites means websites operated by third parties and available through or linked to the Website;

You or Your means a user, member, visitor of the Website and includes D&P’s customers and members.

2.2       Interpretation

In these Terms, unless the context requires otherwise:

(a)       words importing the singular include the plural and vice versa;

(b)       words importing any gender includes the other genders;

(c)       references to persons include corporations and bodies corporate;

(d)       references to a person include the legal personal representatives, successors and permitted assigns of that person;

(e)       a reference to legislation includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(f)        references to this or any other document include the documents as varied or replaced;

(g)       references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes telex, facsimile transmissions and electronic mail;

(h)       references to mail includes information sent or received by facsimile or electronic transmission;

(i)        an obligation imposed on two or more persons shall bind them jointly and severally;

(k)       if a word or phrase is defined, cognate words and phrases having corresponding definitions; and

(l)        headings are inserted for convenience only and do not affect the interpretation of this Agreement.

 

  1. AMENDMENTS TO TERMS

D&P reserve the right to amend these Terms from time to time.  Amendments will be effective immediately upon their being posted on this Website.  Although D&P will endeavour to notify members of changes to these Terms, it is Your responsibility to regularly check this page for any changes.  Your continued use of the Website will amount to an agreement by You to be bound by the Terms as amended from time to time.

 

  1. REGISTRATION AND MEMBERSHIP

4.1       Use of Website

You do not need to register to use much of the functionality of the Website or access much of the Service.  However, You must register in order to use the “Borrow”, “Buy”, “Press”, “People” and “Career” sections of the Website.

4.2       Registration

  1. To become a Member, You must complete the online registration form found at http://dressandpress.com.au/sign-up (Membership Application). 
  2. The registration process will require You to provide Your name, contact details, email address, delivery address.
  3. If at the time of registration, You want to place an Order, You will be required to supply credit card details and address where the card is registered.
  4. You will also be required to confirm Your acceptance of these Terms. 
  5. Membership is free, but non-transferable. 
  6. You can also sign up using your facebook login and facebook details. Any other information needed to create your membership will be requested upon sign up through facebook.

 

4.3       Password and D&P Account

Once You have completed the registration process, Your login details will be Your email account.  You agree to keep Your password secure.  You are fully responsible for all loss and damage resulting from Your failure to protect Your password.  You agree to immediately notify D&P of any unauthorised use of Your password or any breach of security.  You also agree that D&P is not liable for any loss or damage arising from Your failure to keep Your password secure.  You agree not to provide Your username and/or password information to any other person other than D&P without D&P’s express written permission.

In registering and providing Your details, You represent and warrant to D&P that:

  1. You are at least 18 years old and have the power and authority to enter into a binding contract with D&P and with D&P’s suppliers;
  2. the information provided by You is true, accurate, current, and complete; and
  3. You will maintain and promptly update this information to keep it true, accurate, current and complete.

4.4       Termination of Membership

D&P reserves the right to terminate Your membership at any time and for any reason including if D&P believes that You have breached any of these Terms, or that any of the information that You have submitted to us is untrue.

 

  1. BORROW SECTION

These terms and conditions apply to the use of the “Borrow” Section of this Website.  The “Borrow” Section allows Members to rent or trade in Garments.

5.1       TRADING IN YOUR GARMENTS

5.1.1    Submission of Garments to D&P

Members can submit their Garments to D&P to be exchanged for D&P$ by completing the online registration form in the “Borrow” section of this Website (Garment Registration Form).  The Garment Registration Form will require You to provide details about Your Garments including it’s original retail price, the year it was originally purchased, the brand name, size and a true photograph of the Garment. (Application).  You warrant that all information provided to D&P in Your Application is true and correct and that You own the Garments.  You agree to provide D&P with any additional information that D&P may reasonably require about Your Garments.  Any information provided to D&P which is inaccurate or false will lead to Your membership being immediately cancelled.

5.1.2    Evaluation of Application and Offer

D&P will evaluate Your Application, and may in its sole discretion, make an offer by email for Your Garments, conditional on the Garments in D&P’s opinion, conforming to the description supplied in Your Application and otherwise meeting D&P’s strict quality and selection criteria (Conditional Offer).  You may either accept or decline the Conditional Offer by clicking “Accept” or “Decline” in the email.  If You accept the Conditional Offer, You must carefully package and send Your Garments to the address set out in the email within 72 hours of the Conditional Offer. If Your Garments are not received by D&P within 72 hours of the Conditional Offer, D&P may in its sole discretion, withdraw the Offer. 

5.1.3    D&P Acceptance

Once D&P receives Your Garments, D&P will inspect Your Garments to ensure Your Garments conform with Your Application.  D&P may in its sole discretion, approve Your Garment, at which point an email will be sent to You confirming D&P’s approval and Your D&P account will be credited with the relevant amount of D&P$  in consideration for the Garment (D&P Acceptance). 

5.1.4    Legal Title in Garments

Legal title in the Garments remain with You until D&P Acceptance.  If Your Garments are damaged, lost or stolen whilst within Your possession or control or in transit to D&P, D&P accepts no liability for any such loss, damage or theft.  D&P Acceptance occurs when the D&P$ has been credited to Your account.

5.1.5    Defective or Damaged Garments

If in D&P’s sole discretion, Your Garments are defective, damaged, do not meet the quality requirements of D&P or are otherwise not accepted by D&P, D&P may return the Garments to You and withdraw the Conditional Offer.  You authorise D&P to charge all applicable delivery charges and GST to Your credit card if the Garment is returned  and You acknowledge and agree that You have no entitlement to claim for any D&P$ for the Garment.

 

5.2       BORROWING FROM THE D&P LIBRARY

5.2.1    Registration

The D&P library is an online catalogue of Garments in which Members can rent Garments from D&P (D&P Library). 

5.2.2    Renting Garments

  1. D&P provides a live online calendar on its Website which shows the availability of Garments. 
  2. You can rent from the D&P Library by selecting a Garment and making an Order to rent the Garment for Your nominated dates by clicking on “Yes Please!”. 
  3. By clicking “Yes Please!”, You agree to pay all fees and charges associated with the rental of the Garment.  When You place an Order and the Order is accepted, You will receive an acknowledgement e-mail confirming receipt of Your Order. 
  4. The fees and charges to rent the Garment will include but are not limited to the rental fee, delivery charges and GST (Borrow Fees).
  5. If Your account has D&P$, You may elect to use the D&P$ to pay part or all of the Borrow Fees, however D&P$ cannot be used for postage. Your credit card will be charged for any postage fees.
  6. If the Garment becomes unavailable (due to damage or late return by another Member), D&P will notify You as soon as reasonably possible.  In that event, You can either borrow another Garment or have the debited funds remitted to Your credit card or to Your account as D&P$ (whichever is applicable).

5.2.3    Errors

Despite D&P’s reasonable efforts, prices and/or information for Garments may be listed incorrectly. D&P reserves the right at any time to cancel the transaction, notwithstanding that Your Order has been confirmed and Your credit card has been charged.  In such circumstances, any debited funds will be remitted to Your credit card or to Your account as D&P$ (whichever is applicable).

5.2.4    Delivery of Garments

D&P will arrange for the delivery of the Garments to the delivery address nominated by You (Delivery Address).  Risk in the Garment passes to You upon delivery to the Delivery Address and terminates upon receipt of the Garment from You by D&P.  All delivery dates and times provided by D&P are estimates only. You agree that no delay will not entitle You to terminate the Order and/or to claim for any consequential loss or damage.   D&P may refuse delivery of the Garment if it reasonably considers the Delivery Address to be too remote or inaccessible. 

5.2.5    Lost, Stolen or Damaged Garments

When Garments are returned damaged or soiled, D&P may at its sole discretion repair and/or clean the Garments and charge You for those repairs and/or cleaning.  If D&P considers the Garments to be beyond economical repair and/or cleaning, D&P will charge You the full replacement value of the Garments. The replacement value of the garment will be advertised when borrowing, and by accepting the terms and conditions when you place your order, you agree to the replacement value if the garment is lost of damaged.

If the Garments are lost or stolen whilst within Your possession or control, You will be charged the full replacement value of the Garments, as well as all applicable charges.  You authorise D&P to charge any additional charges to Your credit card if the Garments are returned late, damaged, lost, soiled, stolen and/or unreturned.

If the Garments do not accord with Your Order or if it is alleged that they are defective or damaged, You must notify D&P of any claim within 24 hours after receipt of the Garments.  Where Garments are defective or damaged, D&P may, at its sole discretion, request for the return of those Garments and provide You with D&P$ to the value of the Borrow Fees, and/or charge back to your credit card the amount charged for borrowing, provided always that the Garments have not been worn, used or soiled or otherwise further damaged.

5.2.6    Late Return of Garments

The D&P rental period is five (5) days (the first day being the date of attempted delivery of the Garments to You).  If You choose to keep the Garments for more than five (5) days then You will be charged an amount equivalent to the Borrow Fees for every five (5) day period or part thereof for which the Garments are not returned to D&P.

You must ensure that the Garments are returned to D&P:

  1. by the date advised by D&P;
  2. in the same condition delivered to You (excluding fair wear and tear); and
  3. using the pre-paid return postage envelope or other means provided to You by D&P.

 

  1. BUY

These terms and conditions apply to the use of the “Buy” Section of the Website found at http://dressandpress.com.au/fashion/buy.  The “Buy” section of the Website allows Members to purchase Garments online from D&P’s recommended list of designers (Designers). 

6.1       Buying Garments

  1. You can offer to buy Garments from the “Buy” Section of the Website by selecting the Garment and then making an Order by clicking on “Yes Please!”
  2. To confirm an Order, You must proceed to the checkout section of the Website and make payment using Your credit card.
  3. Once the payment has been processed, You will receive a receipt of payment which confirms Your Order. The Designer is notified by an automatic email and Your Order will usually be sent directly from the Designer within 3-5 days.
  4. If there are any issues with Your Order, You should notify D&P as soon as possible and in any event, within 7 days of receipt of Your Garment. 

6.2       Complaints regarding Designers

  1. As part of D&P’s service to You, if You have any problem concerning a Designer, or any dispute concerning Your Order (whether as to quality, fitness for purpose, delivery, quality, quantity or otherwise of the supplied Garments), You should direct Your complains and enquiries to D&P and D&P will endeavor to resolve the dispute on Your behalf.
  2. Notwithstanding clause 6.2(a), You hereby release, discharge, and shall defend, indemnify and hold harmless D&P, its officers, employees, servants and agents from and against any and all damage, loss, cost, expense or liability incurred by, and/or any claims or demands (including the cost of defending or settling any action, claim or demand) (Claims) against D&P its servants or agents arising or resulting from:

i.   any Liability You may suffer;

ii.  any dissatisfaction with or dispute concerning any Garment;

iii.   the failure or alleged failure of any Garments redeemed from a Designer to satisfy any law, regulation, condition, warranty or other representation (whether such condition, warranty or representation is express or implied); or

iv.  any other Claim arising between the You and the Designer.

6.3       Errors

Despite D&P’s reasonable efforts, prices and information may be listed incorrectly. D&P reserves the right at any time to cancel the transaction, notwithstanding that Your Order has been confirmed and Your credit card has been charged.  In such circumstances, any debited funds will be remitted to Your credit card or to Your account as D&P$ (whichever is applicable). 

 

  1. PRESS AND PEOPLE

This part also applies to the “Press” and “People” Section of the Website. 

7.1       Registration

To contribute Content, You must first register to be a Member.  If You do not become a Member, You may access the public discussion forums hosted on this Website for reading purposes as a “guest”.

7.2       Content

If You contribute Content to the Website, You:

  1. undertake that You own all right, title and interest to that Content;
  2. grant D&P a royalty-free license to use, reproduce, modify, distribute and display Your Content (in whole or part), worldwide and/or to incorporate it in other works in any form, media, or technology;
  3. remain responsible for the accuracy, copyright and legality or any other aspect of Your Content. You consent to waive all moral rights associated with Your Content;
  4. without limitation of the foregoing, will not submit any Content or make comments about the Content that are unlawful, harmful, abusive, defamatory, deceptive, indecent, explicit or hateful;
  5. will not to harvest, collect or store information about users of the Website or use such information for any purpose inconsistent with the purpose of this Website; and
  6. acknowledge that the display or use of Your Content shall be at the sole discretion of D&P.

You are solely responsible for Your conduct and activities on and regarding the Website and any Content. 

7.3       Terms of Use

As a Member, You agree that:

  1. You will not post or transmit any material in which the copyright is owned by another person or entity and You warrant that all material posted is Your original work and not sourced from any third party;
  2. You will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
  3.  You will not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other users;
  4. You will not impersonate any other person;
  5. any information or material that You submit or contribute to the Website may be treated by D&P as non-confidential and non-proprietary, and D&P may publish, use or amend such material without restriction;
  6. You agree not to transmit any unsolicited advertising or promotional materials to other members using contact details or other information found on this Website;
  7. You agree that You will only publish advertising or promotional materials within the areas of the Website that D&P designates (and then only in accordance with these Terms, the [Advertising Terms Hyperlink] and any other document referred to in them);  
  8. D&P may remove or alter any material which You post from the discussion forum or the Website without notice at any time; and
  9. You accept that any material or information provided by You may be posted in the discussion forum or the Website for any other members or guests to read. 

7.4       General Information

You accept that any information provided by D&P is general information and is not in the nature of advice.  D&P derive our information from sources that D&P believe to be accurate and up to date as at the date of publication, and D&P reserve the right to update, change or remove this information at any time.  D&P do not make any representations or warranties that the information D&P provide is reliable, accurate or complete, or that Your access to the discussion forums will be uninterrupted, timely or secure. 

7.5       Loss or Damage

D&P is not liable for any loss resulting from any action taken or reliance made by You or any party on any Content posted on the Website.  You should make Your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any Content which appears on the Website.   

7.6       Content submitted by You

D&P do not accept any responsibility or liability for any Content which You submit to the Website, nor do D&P accept any responsibility for any use or misuse which You or any other members or guests make of the Content which You submit to the discussion forum or the Website.  D&P do not warrant that D&P will respond to questions or comments submitted to our discussion forums or Website.  D&P do not warrant that any material You submit to any discussion forum or the Website will be protected against loss, misuse or alteration by third parties.  If D&P elect in its sole discretion to post Your Content, We do not warrant that the Content You submit will be posted within a certain timeframe.    

7.7       Downloading Content from the Website

If You download any Content from the discussion forum or the Website, You acknowledge that We are not liable to You for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded Content.  You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded Content.  In addition, You may not commercialise any information products or services from the downloaded Content.

7.8       Information Service

Where You complete an electronic form with Your contact details, You will be taken to have consented to D&P using that information to send You news, information about D&P activities and general promotional material which We believe may be useful to You, by e-mail or other means, unless You advise us that You do not want to receive those communications.  If later, You no longer wish to receive those communications, You can e-mail us accordingly at info@dressandpress.com.au When We send You those communication services, We will include a means for You to unsubscribe to those communications.  If You ask us to unsubscribe from any of those services, We will try to comply as soon as We can.  You acknowledge that there may be delays in our complying with such a request.

7.9       Interruption

Where We offer a discussion forum facility on the Website, We do not accept liability for any losses arising directly or indirectly from a failure to provide the discussion forum facility, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by others in contravention of the registered users’ obligations as set out in these terms and conditions or any content transmitted by a non-registered user.

7.10     Promoting Your Profile

  1.       D&P provides You with an option to promote Your profile in selected categories so that You will be featured at the top of certain web-pages (Members Promotion Service). 
  2. If You opt to use the Members Promotion Service, You must pay the rates set out by D&P from time to time. 
  3. Unless specified otherwise, payment is to be made by credit card and the rates set out by D&P are exclusive of taxes, duties or GST (Taxes) and You must pay an additional amount equal to any Taxes payable by D&P in respect of the Members Promotion Service. 

 

  1. CAREERS

These terms and conditions also apply to the use of the “Careers” Section of the Website where D&P allows Members to advertise fashion-related jobs on the Website. 

8.1       Your Obligations

  1. If You advertise a job on the “Careers” Section of the Website (Advertisement), You warrant and agree that:

i.     You have the legal capacity and power to do so;

ii.    the Advertisements and other works posted by You on the Website do not breach the intellectual property rights of any third party;

iii.   the Content of the Advertisement is true and correct and do not contain any errors;

iii.   all files provided by You to D&P are free of infection or viruses; and

iv.   You will not use the Website for any illegal purpose.

  1. You indemnify and will keep indemnified D&P, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by D&P in connection with any breach of these Terms by You and D&P will not be liable for any costs, expenses, losses or damages suffered or incurred by a party arising from the Advertisement.
  2. You may not use any feature of the Website to send unsolicited commercial emails to candidates, whether individually or as a group.

8.2       Placing Advertisements

  1. Subject to these Terms, D&P will use its reasonable endeavours to publish on-line the Advertisements submitted by You in the precise format provided and in accordance with Your instructions. 
  2. These Terms do not represent a contract for D&P to publish the Advertisement.  A binding contract will only be formed between D&P and You when D&P confirms in writing to You or generates a GST-compliant invoice for the Advertisement.
  3. Notwithstanding clause 8.2(b) above, D&P reserves the right to:

i.   amend, refuse or withdraw the publication of any Advertisement at any time without reason; or

ii.  reject any Advertisement if the Advertisement is in D&P’s opinion against the public interest, offensive or breaches community standards.

  1. You must ensure that all Advertisements comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the Competition and Consumer Act 2010 (Cth), Fair Trading Acts and Privacy Act 1988 (Cth).
  2. You must adhere to the advertising guidelines set out in the RCSA's Code For Professional Practice http://www.rcsa.com.au/documents/cfpp/cfpp_2005.pdf.

 

8.3       Advertising Rates and Taxes

  1. For a limited time, D&P will not charge You any fees for placing an Advertisement (Advertising Promotion Period). 
  2. Upon the expiry of the Advertising Promotion Period, if You wish to place an Advertisement, then You must pay for the Advertisement’s charges in accordance with the rates set out by D&P from time to time. 
  3. Unless specified otherwise, payment is to be made by credit card and the rates set out by D&P are exclusive of Taxes and You must pay an additional amount equal to any Taxes payable by D&P in respect of the Advertisement.
  4. You agree that You will only advertise one job role per Advertisement posted on  the Website.  Where You have advertised multiple job roles in the one job advertisement, D&P may in its discretion charge You for the number of job roles advertised in the one job advertisement posted on the Website.
  5. Advertisements are generally available on D&P’s Website for 90 days, although You can choose to remove the Advertisement earlier.

 

9.         GENERAL

9.1       Specific warnings

You agree to use the Website for lawful purposes only.  You must ensure that Your access to the Website is not illegal or prohibited by any laws that apply to You.  You must take Your own precautions to ensure that the process that You employ for accessing the Website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system.  For the removal of doubt We do not accept responsibility for any interference or damage to any computer system that arises in connection with Your use of the Website or any linked Website.

9.2       Indemnity

You must indemnify us and our related bodies corporate and our officers and employees against any claim by a third party arising out of a breach of these Terms either by You or by any person using Your account.

9.3       Identity of other users

You acknowledge that We cannot confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person.  Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ Websites) rests solely with the advertisers.  The placement of such advertisements does not constitute an endorsement by D&P of the advertisers’ products or services, and each advertiser is solely responsible for any representations made in connection with its advertisement.

9.4       Copyright

Copyright in all of the contents of the Website (including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to D&P.  Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in Your location, and except as expressly authorised by these Terms, You may not in any form or by any means:

  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any information or thing available from the Website; or
  2. commercialise any information, products or services available or obtained from the Website,

without our written permission.

9.5       Trade marks

Except where otherwise specified, any word or device to which is attached the ® symbol is a registered trade mark.

If You use any of Our trade marks (whether registered or unregistered) in reference to our activities, products or services, You must include a statement attributing that trade mark to us.  You must not use any of our trade marks (whether registered or unregistered):

  1. in, or as the whole or part of, Your own trade marks;
  2. in any manner that may diminish our rights in the trade marks;
  3. in connection with activities, products or services that are not Ours;
  4. in a manner that may be confusing, misleading or deceptive; or
  5. in a manner that disparages us or our information, products or services (including this Website).

9.6       Restricted use

Unless We agree otherwise in writing, You are provided with access to this Website only for Your personal use.  You are authorised to print a copy of any information contained on this Website for Your personal use, unless such printing is expressly prohibited.  Without limiting the foregoing, You may not without our written permission on-sell information obtained from this Website or use it for commercial purposes.

You must ensure that Your access to this Website is not illegal or prohibited by any laws which apply to You or which apply in the location from which You are accessing this Website. 

9.7       Linked websites

You may be able to link to Third Parties' Sites through D&P’s Website.  Those links are provided for convenience only and may not remain current or be maintained.  You understand that Third Parties' Sites are not endorsed, reviewed, controlled, or examined by D&P in any way and D&P is not responsible for the Content of any Third Parties’ Sites.  You acknowledge that the inclusion of links in this Website is not intended as an endorsement or recommendation of any linked site or content of such site.  Your access to any third party website is governed by the terms of use contained on that third party website. You agree that it is Your responsibility to comply with the appropriate terms of service of the Third Parties’ Sites as well as with any other obligation under the law related to the use of such Third Parties’ Sites.  We do not guarantee that this Website or any linked website will be free from viruses, or that this Website or any linked Website will be uninterrupted.  D&P will not be liable, directly or indirectly, to You or anyone for any loss or damage caused by or in connection with use of the Third Parties’ Sites or the Content (including offensive, indecent and objectionable material) accessed through the Third Parties’ Sites.

9.8       Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure.  Whilst We strive to protect such information, We do not warrant and cannot ensure the security of any information that You transmit to us.  Accordingly, any information that You transmit to us is transmitted at Your own risk.  Nevertheless, once We receive Your transmission, We will take reasonable steps to preserve the security of such information.

9.9       Termination of access

Access to this Website may be terminated at any time by Us without notice.  Our disclaimer will nevertheless survive any such termination.

9.10     Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are at Your own risk and solely between You and such advertiser. You agree that D&P shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  Responsibility for the content of advertisements appearing on this Website (including links to advertisers’ own Websites) rests solely with the advertisers.  The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services, and each advertiser is solely responsible for any representations made in connection with its advertisement.

9.11     Limitation of Liability

To the extent permitted by the law, D&P expressly excludes all conditions and warranties.  Where legislation implies any condition or warranty (a non-excludable term), and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of or liability under such a non-excludable term, that non-excludable term is deemed to be included in these Terms, however D&P’s liability for any breach of that non-excludable term is limited, at D&P’s option, to the supply of equivalent goods or services, or paying the cost of supplying equivalent goods or services.  D&P is not liable in respect of any indirect, punitive, special, incidental or consequential damage in connection with or arising out of a breach of these Terms (including for loss of profits, use, data, or other economic advantage) that may be suffered or incurred in respect of a failure or omission on the part of D&P  to comply with its obligations under these Terms.

9.12     Accounts

You must notify D&P within seven (7) days of the date of any disputed invoice or account.  If You dispute an invoice or account You must continue to pay all other undisputed invoices and accounts and must not set off, suspend or withhold payment of them.

9.13     Privacy Policy

We undertake to comply with the terms of our privacy policy [Note: insert hyperlink to privacy policy ].

You agree to D&P giving information about You to any person, including any of D&P’s agents or contractors for the purpose of service provision and management and for marketing (direct and other kinds), planning, risk assessment, product development and research purposes.  You acknowledge that this information may include details in these Terms, particulars identifying You, Your account with D&P (and information concerning this account), details of Your use of the Website and Service and details of Your credit worthiness, credit history and credit capacity.  You acknowledge that D&P may disclose information about You, including information provided in Your Membership Application and other personal information, to Designers and other parties from whom You have ordered Garments or Services, D & P will also provide Designers with historical records of Orders You have made with them.

9.14     Termination

Without limitation to other provisions in these Terms, D&P may in its absolute discretion suspend or terminate Your access to the Website or Your account with D&P.

9.15     Other

  1. All amounts quoted in the Website are in Australian dollars (AUD).
  2. Any waiver of our rights under these Terms must be in writing.  If We waive any rights available to us under these Terms on one occasion, this does not mean that those rights will be waived on any other occasion.
  3. If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
  4. Nothing in these Terms is taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any party.
  5. We may transfer or sublicense our rights and obligations under these Terms but You may not.
  6. D&P may sub-contract all or any part of its performance of its obligations under these Terms to another suitably qualified person, or third party.
  7. Any communication or purported communication made by You or any person purporting to be You (whether fraudulent or not) can be relied upon by D&P as if it were given by You or with Your authority.
  8. If a provision or any part of the Terms is void or voidable or unenforceable or illegal but would not be void or voidable or unenforceable or illegal if it were read down and it is capable of being read down, it will be read down accordingly.

9.16     Jurisdiction and Law

Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in Victoria.  By accessing this Website You consent and submit to the non-exclusive jurisdiction of the Courts of Victoria in all matters arising out of or in connection with Your use of this Website and terms.

9.17     Dispute Resolution

If You have a concern please contact the Support Services Team who will endeavour to assist You on 03 9020 2041. If We are unable to fully address Your concern We ask You to lodge a formal complaint in writing.  We commit to responding to You within two business days (Melbourne time).

The Support Services Team will respond in writing to You in an attempt to address and rectify any concerns.

If You are still dissatisfied, our Operations Manager will assist You in an attempt to finally resolve.

How to contact us:

Write to us at:  Level 10, 50 Market Street Melbourne VIC 3000 or phone us on:  03 9020 2041.


Advertising Terms and Conditions

Dress and Press Pty Ltd is the publisher of dressandpress.com.au and its associated subscriber email (“us, our, we”).
Our Advertising Terms and Conditions set out our standard terms and conditions for advertising products and services we supply to advertisers on our websites.

1.  Every advertiser and advertising agency (“you”) who submits an order for advertising on a website or in an email operated by us, agrees to these terms and conditions. Your order and these Terms and Conditions form the basis of a contract between you and us for the provision of the advertising ordered by you.

2.  We will, subject to availability, technical limitations and these Terms and Conditions, use our reasonable endeavours to publish your advertisement in the format submitted by you and in accordance with your other instructions. The positioning or placement of your advertisement will be at our discretion unless we expressly agree otherwise in writing.

3.  We may, at our absolute discretion, refuse to publish any advertisement without giving any reason. No contract is formed between you and us until we accept your advertisement for publication and issue you with a valid tax invoice. If we do refuse to publish your advertisement, no fee will be charged to you. Even if a contract has been formed between you and us, we reserve the right to refuse or withdraw your advertisement from publication at any time, without giving reasons, even if we have previously published the same or similar advertisement.

We may, at our absolute discretion and at no extra cost to you, re-publish your advertisement in any other place. You acknowledge that we are entitled to publish your advertisement anywhere in the world via any medium.

We may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if we believe that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third party’s rights. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement.

We reserve the right to vary the placement or positioning of your advertisement and to change the format of your advertisement where we deem fit to do so. We will endeavour to notify you of those changes, but we will not be liable for any costs, expenses, losses or damages suffered or incurred by you arising from our failure to publish your advertisement in accordance with your request.

We may head any advertisement as “Advertisement” whenever required to do so by law or whenever we consider it appropriate, for any reason, to distinguish it from other types of content.

4.  The rate for your advertisement will be as agreed by us and specified in your order. If we have quoted a rate to publish a specific quantity of advertising over a specific period and a lesser quantity is submitted for publication within that period, then what is published within that period shall be costed at whatever rate is necessary to generate the expenditure which would have been incurred had the full agreed volume been published.

You must pay us for the advertising services in accordance with the terms of your order. If no due date for payment is specified in your order, you must pay us within 30 days of the date of the invoice. We will invoice you monthly in advance.

All rates and charges quoted are, unless expressly stated otherwise, exclusive of GST. We will issue you with a valid tax invoice and you must pay us any applicable GST in addition to the rates and charges quoted to you.

5.  You must promptly check any proofs of advertising, if we have arranged to provide you with any and notify us of any errors in the proofs or in any advertisement that we publish for you.

We do not accept any responsibility for errors in advertising material that has been submitted electronically by you.

6.  Cancellation of any advertisement or campaign must be received in writing from you no less than 14 days before the commencement date in your order in order to receive a 100% refund. Any cancellations after this date will be subject to a minimum cancellation fee of 100% of the total cost of the entire campaign. Campaigns cancelled at your request after commencement will not be entitled to a refund of the unused portion of the campaign.


7.  By submitting advertising material to us or authorising or approving the publication of advertising material by us on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our partners, our directors, employees or agents.
Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe the Trade Practices Act (Cth), the Fair Trading Acts of relevant States of Australia or equivalent or other sale of goods legislation; any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act (Cth); or any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory).

By submitting, authorising or approving advertising material for publication by us, you indemnify us and our partners, our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material.

Without limiting the generality of the above, you indemnify us and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.


8.  We make no representation or warranty in relation to the number of visitors to our websites or the number of impressions at any site except for any made expressly in writing by us.

Except for any warranty or representation made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation made by us or on our behalf in connection with the advertising.

9.  We have no liability to you and you indemnify us in relation to any failure of telecommunications services or systems which affect our receipt of your advertisement or the publication of your advertisement.


10.  We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by the Trade Practices Act) which cannot be excluded (“non-excluded conditions”).

We limit our liability for: breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply.

Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.

11.  We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your order.


12.  These Terms and Conditions, together with your Insertion Order, represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions.

We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).

We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile to your last known address.

These Terms and Conditions are governed by the laws of the State of Victoria. Each party submits to the non-exclusive jurisdiction of the courts of that State.