Our Terms & Conditions

Thank you for visiting, welcome to www.avowher.com (the “website”)

USE OF SITE

This website is operated by Avow Her Pty Ltd (ACN 629 886 906). Throughout the site, the terms “we”, “us” and “our” refer to Avow Her. Access to and use of this website, including information, tools, products and services is provided by Avow Her, subject to your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. By using the site (either by visiting, downloading or shopping) you agree to comply with and be legally bound by these Terms as of the date of your first access of the site. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors If you do not agree to all the terms and conditions of this agreement, then you may not access or must cease access to the website or use any services immediately.

We reserve the right to change these Terms at our discretion and without notice. The latest Terms will be posted on the website, and it is your responsibility to check this page periodically for changes. Your continued use or access of the website after changes are posted constitutes your acceptance of those changes.


USE, AND MEMBERSHIP, ELIGIBILITY

Our products and services are not available to persons under 18 years of age or who are otherwise legally prohibited from entering into binding contracts.

If you register as a member of the site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Your right to use the site (including any password given to you) is not transferable.

You agree to use the site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through the site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable law.

You agree not to use the site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the site.

You agree that we may terminate or suspend your access to all or part of the site, terminate your account or cancel orders, without notice, for any conduct that we, in our sole discretion, believe is in breach of these Terms or any applicable law or is harmful to the interests of another user, Avow Her or its officers, directors, employees, contractors, agents or related entities (“associates”).


CONTENT POSTED BY USERS

Where you post content on the site (including via a blog), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant us and our associates and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate these Terms and will not cause injury to any person. We reserve the right to edit or remove any content posted on the site. We take no responsibility and assume no liability for any content posted by you or any third party.

For more information about our Comments Policy click here.


INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHT)

In these Terms, “Content” means any material and/or information including text, video, graphics, images, logos, button icons and audio, data compilations, and software, found or published on the site.

Unless otherwise specified, all Content (and all related intellectual property rights) on the site is the property of Avow Her or (if applicable) our content suppliers and is protected by intellectual property (including copyright) laws. The compilation of the Content is our exclusive property. Nothing contained in these Terms or on the site confers any licence or right to use any trademark, trade dress or copyright of Avow Her or any third party. Products and names mentioned on the site may be trademarks of their respective owners, who may or may not be affiliated with, connected to or sponsored by Avow Her.


We grant you a revocable, limited, non-exclusive licence to access and use the site solely by you for your own personal use. You must not reproduce, retransmit, assign, sub-licence, prepare derivative works, distribute, disseminate, sell, publish, broadcast or circulate any Content from the site to a third party or use or display the Content on any other website without first obtaining the written consent of Avow Her. Any unauthorised use terminates the licence granted by Avow Her. Commercial use or publication of any Content is strictly prohibited without the written consent of Avow Her.


PRICING AND PAYMENT

All prices quoted on the website are in Australian Dollars (AUD) and include GST.

Costs relating to international orders including currency conversion rates that you are charged via your bank may vary and are the responsibility of the customer.

Your data is secured in transit by establishing TLS/SSL connections.

SSL Security capabilities and policy for transmission of payment card details (SSL policy)All credit card payments are processed securely through the Stripe. Stripe is a global online payment processor that is trusted by thousands of businesses across the globe.

Stripe is a PCI Service Provider Level 1 which is the highest grade of payment processing security. Our clients can rest assured that their information is safe and secure. All transactions are SSL (Secure Socket Layer) protected.
Our system is integrated with Stripe, which is a PCI compliant payment processor. When entering the credit card information, a request is made directly to Stripe using SSL.

We reserve the right to vary the prices displayed on the website without notice to you.


DELIVERY AND SHIPPING OF PRODUCTS


RETURNS AND REFUNDS

Please refer to our Refund Policy.

Due to health regulations Avow Her is unable to offerreund, based on change of mind purchases.


Information on the Site

Avow Her endeavours to always be as accurate as possible with our product descriptions, pricing and other content. However, Avow her does not guarantee that product descriptions, pricing or other content on the website is complete, accurate, reliable, current, or error-free. Content and prices of products are subject to variation or change without notice.

Avow Her have the full right to reject or cancel any orders in the case of product being listed at an incorrect price, whether payment has been received or not. If payment has been received and your order is cancelled by Avow Her due to a pricing error, we will immediately refund the amount paid for the relevant order.


DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be timely, uninterrupted, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

Avow Her takes due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware. However, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Avow Her and its associates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

By accessing our website, you agree to be liable to us for all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website, any breach of these terms and conditions or negligence under the principles applied by the courts.


INDEMNIFICATION

You agree to waive any and all claims that you now have or may have in the future against Avow Her and its associates which relate (directly or indirectly) to the Site (including your use of the Site), the Content or any product (including any purchase of product) or service offered or found on the Site. You agree to indemnify and hold Avow Her, it associates and any third parties mentioned on the Site (“Indemnified Persons”) harmless from and against any and all claims, demands, damages, losses, costs or expenses (including reasonable solicitor fees) arising from, resulting from or relating to (directly or indirectly) your use of the Site (including any content submitted by you), the Content, the products (including your use of a product) or services offered or found on the Site or your breach of these Terms.


PRIVACY POLICY AND PERSONAL INFORMATION

Avow Her considers all personal and account information you provide us as private.

We collect and use personal information from you as reasonably required to provide you with our Services, such as (but not limited to) processing your orders, to administer the Site, and to notify you of products or special offers that may be of interest to you.

We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only, unless otherwise required by law as set out in our Privacy Policy.

You warrant the personal information and you provide is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.


LINKS TO OTHER WEBSITES

The Site may contain links to websites operated by other persons. The links are provided solely for your convenience, and we are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.


ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


TERMINATION

We may at any time, at our sole discretion, without liability, terminate or suspend your access to all or part of the Site for any conduct we believe is in breach of these Terms or any applicable law, if you are suspected or found to have engaged in inappropriate or fraudulent activity in connection with the use of the Site, if we are unable to authenticate or verify information you provide to us or believe that your actions may result in legal liability. Termination does not affect any accrued rights or remedies of either party. You agree that any termination of your access to the Site may be effected without prior notice and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and bar any further access to the Site.


GOVERNING LAW

These Terms will be treated as though they were executed and performed in Melbourne, Victoria, Australia, and will be governed by the law of Victoria and each party irrevocably submits to the exclusive jurisdiction of its courts. The language in these Terms will be interpreted as to its fair meaning and not strictly for or against either party.


SEVERENCE

In the event of any provisions of these Terms is found to be unlawful, conflicting, void or unenforceable, they will be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms will take precedence.


AGREEMENT

Our failure to enforce or exercise any provision of these Terms will not be deemed a waiver of such provision nor of the right to enforce such provision. These Terms constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the Content, products or services offered or found on the Site, and the subject matter of these Terms.

You agree that regardless of any statute or law to the contrary, any claim of cause or action arising from or relating to use of the Site, the Content, the products or services offered or found on the Site or these Terms must be filed within one year after such claim or cause of action arose, or will be forever barred.

The Terms are for the benefit of Avow Her and its associates, and each of these individuals or entities will have the right to assert and enforce these provisions directly against you on its own behalf.