Terms and conditions of use

Rule 1


1. About the Website

1.1. Welcome to www.puretranquility.com.au (the 'Website'). The Website

facilitates interactions between:

making it easier for the Receiver and the Provider to locate, communicate,

arrange payment and deliver the services in a fast and secure manner (the


(a) ...... (the 'Receiver'); and

(b) Pure Tranquility Candles (the 'Provider'),

1.2. The Website is operated by Michelle Pokorny (ABN 56 086 724 249) . Access

to and use of the Website, or any of its associated products or Services, is

provided by Michelle Pokorny. Please read these terms and conditions (the

'Terms') carefully. By using, browsing and/or reading the Website, this signifies

that you have read, understood and agree to be bound by the Terms. If you do

not agree with the Terms, you must cease usage of the Website, or any of its

products or Services, immediately.

1.3. Michelle Pokorny reserves the right to review and change any of the Terms by

updating this page at its sole discretion. When Michelle Pokorny updates the

Terms, it will use reasonable endeavours to provide you with notice of updates

of the Terms. Any changes to the Terms take immediate effect from the date of

their publication. Before you continue, we recommend you keep a copy of the

Terms for your records.

2. Acceptance of the Terms

You accept the Terms by registering for the Services and/or making any payment as

required under the Terms for use of the Services. You may also accept the Terms by

clicking to accept or agree to the Terms where and if this option is made available to you

by Michelle Pokorny in the user interface.

3. The Services

3.1. In order to access the Services, both the Receiver and the Provider are

required to register for an account through the Website (the 'Account').

3.2. As part of the registration process, or as part of your continued use of the

Services, you may be required to provide personal information about yourself

(such as identification or contact details), including:

(a) Email address

(b) Mailing address

3.3. You warrant that any information you give to Michelle Pokorny in the course of

completing the registration process will always be accurate, correct and up to


3.4. Once you have completed the registration process, you will be a registered

member of the Website ('Member') and agree to be bound by the Terms.

3.5. You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Michelle Pokorny;


(b) you are a person barred from receiving the Services under the laws of

Australia or other countries including the country in which you are resident

or from which you use the Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

(a) you will not share your profile with any other person;

(b) you will use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or

guidelines in the relevant jurisdictions;

(c) you have sole responsibility for protecting the confidentiality of your

password and/or email address. Use of your password by any other

person may result in the immediate cancellation of the Services;

(d) any use of your registration information by any other person, or third

parties, is strictly prohibited. You agree to immediately notify Michelle

Pokorny of any unauthorised use of your password or email address or

any breach of security of which you have become aware;

(e) you must not expressly or impliedly impersonate another Member or use

the profile or password of another Member at any time;

(f) any content that you broadcast, publish, upload, transmit, post or

distribute on the Website ('Your Content') will always be accurate,

correct and up to date and you will maintain reasonable records of Your


(g) you agree not to harass, impersonate, stalk, threaten another Member of

the Website (where interaction with other Members is made available to


(h) access and use of the Website is limited, non-transferable and allows for

the sole use of the Website by you for the purposes of providing the


(i) you will not use the Services or the Website in connection with any

commercial endeavours except those that are specifically endorsed or

approved by the management of Michelle Pokorny;

(j) you will not use the Services or Website for any illegal and/or unauthorised

use which includes collecting email addresses of Members by electronic or

other means for the purpose of sending unsolicited email or unauthorised

framing of or linking to the Website;

(k) you agree that commercial advertisements, affiliate links and other forms

of solicitation may be removed from Member profiles without notice and

may result in termination of the Services. Appropriate legal action will be

taken by Michelle Pokorny for any illegal or unauthorised use of the

Website; and

(l) you acknowledge and agree that any automated use of the Website or its

Services is prohibited.

5. Using the Website as the Receiver

5.1. ......

6. Using the Website as the Provider

6.1. ......

7. Payment

7.1. By Michelle Pokorny offering the Services to you, you agree that:

(a) Payment before shipping or on pick up.

7.2. All payments made in the course of your use of the Services are made using

PayPal, Stripe. In using the Website, the Services or when making any payment

in relation to your use of the Services, you warrant that you have read,

understood and agree to be bound by the PayPal, Stripe terms and conditions

which are available on their website.

8. Refund Policy

8.1. Since Michelle Pokorny is only a facilitator in introducing the Receiver to the

Provider and providing a system to make safe payment, Michelle Pokorny does

not hold any liability to the Receiver directly and will not personally refund them

any payments made in the use of Services.

8.2. Notwithstanding the above clause, if a Receiver is unsatisfied with the services

provided by the Provider or believes that they may be entitled to a refund, then

Michelle Pokorny requires the Receiver to:

(a) contact the Provider directly to request a refund; and

(b) if contacting the Provider is not successful after fourteen (14) days,

contact Michelle Pokorny through the 'Contact Us' section of the Website

outlining why you believe you are entitled to a refund so we are able to

determine if the Provider should be removed from the Services.

8.3. If contacted by a Receiver who is requesting a refund pursuant to the above

clause, the Provider agrees that it will immediately:

(a) complete the Michelle Pokorny refund request form (the 'Request Form')

provided on the Website; and

(b) provide both the Request Form and the email from the Receiver

requesting the refund to Michelle Pokorny.

8.4. If the Provider agrees to a refund it is acknowledged that the Provider will

instruct Michelle Pokorny to refund all or part of the payments made to the

Receiver directly, less any fees and charges incurred by Michelle Pokorny in

processing the refund.

8.5. Both the Receiver and Provider agree that they will comply with the Refund

Policy contained in this Clause of these Terms.

9. Copyright and Intellectual Property

9.1. The Website, the Services and all of the related products of Michelle Pokorny

are subject to copyright. The material on the Website is protected by copyright

under the laws of Australia and through international treaties. Unless otherwise

indicated, all rights (including copyright) in the Services and compilation of the

Website (including but not limited to text, graphics, logos, button icons, video

images, audio clips, Website, code, scripts, design elements and interactive

features) or the Services are owned or controlled for these purposes, and are

reserved by Michelle Pokorny or its contributors.

9.2. All trademarks, service marks and trade names are owned, registered and/or

licensed by Michelle Pokorny, who grants to you a worldwide, non-exclusive,

royalty-free, revocable license whilst you are a Member to:

Michelle Pokorny does not grant you any other rights whatsoever in relation to

the Website or the Services. All other rights are expressly reserved by Michelle


(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in

your device's cache memory; and

(c) print pages from the Website for your own personal and non-commercial


9.3. Michelle Pokorny retains all rights, title and interest in and to the Website and

all related Services. Nothing you do on or in relation to the Website will transfer


to you.

(a) business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name,

trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design

or copyright (or an adaptation or modification of such a thing, system or


9.4. You may not, without the prior written permission of Michelle Pokorny and the

permission of any other relevant rights owners: broadcast, republish, up-load to

a third party, transmit, post, distribute, show or play in public, adapt or change

in any way the Services or third party Services for any purpose, unless

otherwise provided by these Terms. This prohibition does not extend to

materials on the Website, which are freely available for re-use or are in the

public domain.

9.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content

on the Website, then you grant to Michelle Pokorny a non-exclusive,

transferrable, perpetual, royalty-free, irrevocable, worldwide licence to

broadcast, republish, up-load to a third party, transmit, post, distribute, show or

play in public, adapt or change Your Content.

10. Privacy

Michelle Pokorny takes your privacy seriously and any information provided through your

use of the Website and/or Services are subject to Michelle Pokorny's Privacy Policy,

which is available on the Website.

11. General Disclaimer

11.1. Nothing in the Terms limits or excludes any guarantees, warranties,

representations or conditions implied or imposed by law, including the

Australian Consumer Law (or any liability under them) which by law may not be

limited or excluded.

11.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in the Terms are excluded; and

(b) Michelle Pokorny will not be liable for any special, indirect or consequential

loss or damage (unless such loss or damage is reasonably foreseeable

resulting from our failure to meet an applicable Consumer Guarantee),

loss of profit or opportunity, or damage to goodwill arising out of or in

connection with the Services or these Terms (including as a result of not

being able to use the Services or the late supply of the Services), whether

at common law, under contract, tort (including negligence), in equity,

pursuant to statute or otherwise.

11.3. Use of the Website and the Services is at your own risk. Everything on the

Website and the Services is provided to you "as is" and "as available" without

warranty or condition of any kind. None of the affiliates, directors, officers,

employees, agents, contributors and licensors of Michelle Pokorny make any

express or implied representation or warranty about the Services or any

products or Services (including the products or Services of Michelle Pokorny)

referred to on the Website. This includes (but is not restricted to) loss or

damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect,

failure to correct defects, delay in operation or transmission, computer

virus or other harmful component, loss of data, communication line failure,

unlawful third party conduct, or theft, destruction, alteration or

unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the

Services, or any of its Services related products (including third party

material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Services or any of

the products of Michelle Pokorny; and

(d) the Services or operation in respect to links which are provided for your


11.4. You acknowledge that Michelle Pokorny Website and the Services are only

intended to facilitate the interactions between the Receiver and the Provider

and does not offer any services other than the Services and Michelle Pokorny

holds no liability to you as a result of any conduct of the Members or the

misuse of Your Content by any party (including other Members).

12. Limitation of Liability

12.1. Michelle Pokorny's total liability arising out of or in connection with the Services

or these Terms, however arising, including under contract, tort (including

negligence), in equity, under statute or otherwise, will not exceed the resupply

of the Services to you.

12.2. You expressly understand and agree that Michelle Pokorny, its affiliates,

employees, agents, contributors and licensors shall not be liable to you for any

direct, indirect, incidental, special consequential or exemplary damages which

may be incurred by you, however caused and under any theory of liability. This

shall include, but is not limited to, any loss of profit (whether incurred directly or

indirectly), any loss of goodwill or business reputation and any other intangible


12.3. You acknowledge and agree that Michelle Pokorny holds no liability for any

direct, indirect, incidental, special consequential or exemplary damages which

may be incurred by you as a result of providing Your Content to the Website.

13. Termination of Contract

13.1. If you want to terminate the Terms, you may do so by providing Michelle

Pokorny with 14 days' notice of your intention to terminate by sending notice of

your intention to terminate to Michelle Pokorny via the 'Contact Us' link on our


13.2. Michelle Pokorny may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any


(b) Michelle Pokorny is required to do so by law;

(c) Michelle Pokorny is transitioning to no longer providing the Services to

Members in the country in which you are resident or from which you use

the service; or

(d) the provision of the Services to you by Michelle Pokorny is, in the opinion

of Michelle Pokorny, no longer commercially viable.

13.3. Subject to local applicable laws, Michelle Pokorny reserves the right to

discontinue or cancel your membership at any time and may suspend or deny,

in its sole discretion, your access to all or any portion of the Website or the

Services without notice if you breach any provision of the Terms or any

applicable law or if your conduct impacts Michelle Pokorny's name or

reputation or violates the rights of those of another party.

13.4. When the Terms come to an end, all of the legal rights, obligations and

liabilities that you and Michelle Pokorny have benefited from, been subject to

(or which have accrued over time whilst the Terms have been in force) or

which are expressed to continue indefinitely, shall be unaffected by this

cessation, and the provisions of this clause shall continue to apply to such

rights, obligations and liabilities indefinitely.

14. Indemnity

14.1. You agree to indemnify Michelle Pokorny, its affiliates, employees, agents,

contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

damage (including legal fees on a full indemnity basis) incurred, suffered

or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so; and/or

(c) any breach of the Terms.

15. Dispute Resolution

15.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses

have been complied with (except where urgent interlocutory relief is sought).

15.2. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must

give written notice to the other party detailing the nature of the dispute, the desired

outcome and the action required to settle the Dispute.

15.3. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms

('Parties') must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may mutually


(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has

not been resolved, the Parties must either agree upon selection of a mediator or

request that an appropriate mediator be appointed by the President of the

Australian Mediation Association or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator

and the cost of the venue of the mediation and without limiting the foregoing

undertake to pay any amounts requested by the mediator as a pre-condition to the

mediation commencing. The Parties must each pay their own costs associated with

the mediation;

15.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in

connection with this dispute resolution clause are confidential and to the extent possible,

must be treated as "without prejudice" negotiations for the purpose of applicable laws of


15.5. Termination of Mediation:

If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has

not been resolved, either Party may ask the mediator to terminate the mediation and the

mediator must do so.

(d) The mediation will be held in NSW, Australia.

16. Venue and Jurisdiction

The Services offered by Michelle Pokorny is intended to be viewed by residents of

Australia. In the event of any dispute arising out of or in relation to the Website, you

agree that the exclusive venue for resolving any dispute shall be in the courts of New

South Wales, Australia.

17. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute,

controversy, proceeding or claim of whatever nature arising out of or in any way relating

to the Terms and the rights created hereby shall be governed, interpreted and construed

by, under and pursuant to the laws of New South Wales, Australia, without reference to

conflict of law principles, notwithstanding mandatory rules. The validity of this governing

law clause is not contested. The Terms shall be binding to the benefit of the parties

hereto and their successors and assigns.

18. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent legal

advice and declare the Terms are not against public policy on the grounds of inequality

or bargaining power or general grounds of restraint of trade.

19. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent

jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.