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1. Introduction

In general, the Internet offers many opportunities to collect information about the users of websites. This information can be personally identifiable information or aggregated information. At Fashionistafail, the “company” your privacy is important to us and we want to be sure that you understand the terms and conditions relating to the way in which we collect information and the use of that information. This Privacy Policy tells you what information we collect, what we do with it and your rights to view, correct or change it. The Office of the Privacy Commissioner provides further details of the New Zealand Privacy Act and how it protects personal information in New Zealand.

2. The information we collect

The company operates the website www.fashionistafail.com. As part of our operations, we may gather certain types of information about the users of our sites:
Personally Identifiable Information
This is provided by you when you register for services that we may offer. Examples of these services could include email newsletters or event notifications. Providing this information will always be optional for you. However, some services may not be available to you if you choose not to provide it.
Aggregated Data
This information is generated by our systems as they track traffic through our sites. This information does not identify you personally and is not linked to the personally identifiable information that you may have provided.

3. Who we share this information with

Information on our websites is hosted with an internet service provider. Our agreements with them protect the information that we collect from any unauthorised use.
Aggregated data (not the personally identifiable information) may be shared with third parties such as advertisers or business partners.
Your personally identifiable information such as your email address and name may be shared with third parties when we believe in good faith that we are required to do so by law; otherwise, we will only share your personal identity details when we have obtained your prior permission to share those details with specified third parties.

4. What else do we do with personally identifiable information?

We collect this information in order to provide the best possible service to you while you are visiting our sites. To this end we may use the information that you provide for the following purposes:
i) To verify your identity if you need help with a forgotten password or you are having login problems with one of our site services
ii) To process any financial transactions that you might make on our site
iii) To help provide any other services that you have requested
iv) To offer you the most relevant information suitable to you and your interests
v) For any marketing, promotional, publicity or market research that we, the company, might undertake.
vi) For any other purposes for which you have given permission.

5. What about cookies?

A cookie is a small file that resides on your computer and is recognised by our server when you visit our sites. A cookie does not provide us with any personally identifiable information. It does provide details of your IP address, the computer platform that you use (e.g. Mac or Windows), the browser that you use (e.g. Microsoft Explorer or Firefox) and what domain you are accessing our sites from. With this information we can do the following:
i) Track traffic patterns to our site
ii) Ensure that the most relevant content is being shown
iii) Allow you to enter certain site member services without having to log in each time you visit. If you would rather we did not use cookies with you, you can refuse them by turning them off in your browser and/or deleting them from your hard drive. You will still be able to visit our sites.

6. What about our advertisers and business partners?

This Privacy Policy only relates to this site. You should be aware that we are not responsible for the practices of our advertisers or business partners. Our site may contain links to other sites. You should check their privacy policies before providing personally identifiable information to them or any other third party.

7. Opting in and opting out

You will always have the option to opt in to certain services and to opt out of those services at any stage. This means you may change your mind at any stage about participating in any of our member services.

8. Your right to access your information

The Privacy Act of 1993 gives you the right to access and correct your personal information. To find out more about how to do this, please contact us at The company by email at caro@fashionistafail.com


1. Acceptance of Terms and Conditions

1.1 This website (”website”) is owned and operated by Fashionistafail, as the “company”. By using this website (www.fashionistafail.com) you accept these Terms and Conditions.
1.2 The company may modify, alter or otherwise update these Terms and Conditions from time to time. Such amendments will be effective immediately upon posting of the amended Terms and Conditions on the website.
1.3 By using the site you also agree to be bound by our Privacy Policy.

2. Your obligations

Registration and profile
2.1 Access to some services, or content may require you to register as a user of the website and/or for you to have a current profile on the website. You will be allocated a user ID and password that is personal to you.
2.2 You agree that you are responsible for maintaining the security of your confidential login information and for any activity that occurs on or through your profile. You also agree to accept responsibility for all activities that occur under your profile.
2.3 You may delete your profile at any time and if you do so, any material or comments posted by you will remain on the website but will show that an anonymous user contributed them.

3. Your use of content on the website

3.1 All content on the website except User Content (as defined in 4.1 below) including text, graphics, logos, icons, sound recordings, the software, knowhow, and other material underlying and forming part of the website are owned by, or licensed to, The company.
3.2 This website is for your personal, professional and educational use only. The company content on the web site and allied services are provided on an "as is" and "as available" basis. You may not without our prior written permission, in any form or by any means:
i) Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this website and its accompanying email newsletter; or
ii) Commercialise, copy or on-sell any information, or items obtained from any part of this web site and its accompanying email newsletter.
3.3 User Content is provided on an “as is” and “as available” basis and is owned by or licensed to the party that submitted it. You may access the User Content for your personal, professional and educational use only, as intended through the functionality provided by the website. You agree not to copy or distribute the User Content other than as contemplated by the website and in particular you agree not to use, copy, or distribute any User Content for your own commercial purpose.

4. Submitting content and commenting on other people’s submitted content

4.1 As a registered user of the website, you may be able to submit a variety of content to the website yourself, as well as being able to post comments on other people’s content and comments (all of which is defined as “User Content”).
4.2 Where your User Content includes any copyrighted works, patents, trademarks or any other property in which intellectual property rights are recognized, you represent and warrant that you either own such content or have the necessary rights or authority to submit the content to the website and for it to be used as contemplated by the website and these terms and conditions.
4.3 You represent and warrant that you will not submit material that is copyrighted, or subject to third party proprietary or other rights, including rights of confidentiality or privacy, unless you are the owner of such rights or are authorised by the owner.
4.4 You represent and warrant that you will not submit comments or other material that is defamatory or infringing of the rights of third parties in any other way.
4.5 By submitting User Content to the website, you grant The company a revocable, worldwide royalty-free license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and/or distribute such content in connection with the website and the business carried out by The company. In addition you grant each visitor to the website a non-exclusive license to access your User Content through the website and to use such content in the manner contemplated by the website.
4.6 You agree that The company is not responsible for any of the opinions expressed in any comments, reviews, stories and other material posted on the website. We take no responsibility and assume no liability for any opinions posted by you or any third party.

5. Removing content

5.1 The company reserves the right to remove any User Content for any reason whatsoever at its discretion.
5.2 Without limiting paragraph 5.1 above, The company will remove User Content where it knows or has reason to believe that the User Content contains copyrighted material that has not been authorised by the copyright owner, its agent, or the law.
5.3 The company welcomes information from its users and members about content on the site that may be causing concern for any reason.
5.4 Nonetheless, The company assumes no responsibility for monitoring content on the website.

6. Commercial uses

6.1 The website must not be used as a means for users, members and visitors to generate access, subscription and/or advertising revenue from material posted and / or generated by the company.

7. Warranties and limitations of liability

7.1 You acknowledge that The company makes no warranties and disclaims all implied warranties to the maximum extent permitted by law, in connection with the website and your use of it. The company makes no warranties or representations as to the accuracy of any information on the website or other websites linked to the website. You agree that the company does not have any liability or responsibility to you or any other person in connection with the website, or your use of or inability to use this website. You specifically acknowledge that the company does not have liability for the User Content or the illegal, offensive, or defamatory conduct of any third party.
7.2 You agree to release, indemnify and keep indemnified the company from and against all actions, claims, costs losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your use of the website, and/or arising from your breach of any of the warranties given in these Terms and Conditions or your failure to comply with these Terms and Conditions in any other way.

8. Amendments

8.1 The company may modify, alter or otherwise update these Terms and Conditions from time to time. Such amendments will be effective immediately upon the posting of the amended Terms and Conditions on this website.

9. Third Party Sites and Information

9.1 This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

10. Participation in Promotions

10.1 From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

11. Entire agreement

11.1 These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written.
11.2 They constitute the entire agreement between the parties, relating to the subject matter of these Terms and Conditions.

Terms & Conditions  |  Copyright Fashionista Fail, 2017  |  All rights reserved