Exclaire.com (Site) is owned and operated by Exclaire Pty Ltd (ACN 87 140 574 009) (Exclaire, we, our, us).
Exclaire provides the Site as a venue for people to access information and to place orders for products that are offered for sale by Exclaire through the Site (Products).
Accounts and passwords
If you create an account for using any of the services or features available on the Site, you are responsible for all use of your username and/or password and must keep these details secure.
Exclaire may close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) which disrupt any of our services or is an attempt to hide the use of multiple accounts. If you use multiple logins for the purpose of disrupting the Site or other users you may have action taken against all of your accounts.
You may be able to upload and publish materials to or through the Site, including text, images, information, comments and other data, via email, comment, post, blog, enquiry or other means (Content). You own any Content you upload and publish (Your Content). Other Users own any Content they upload and publish (User Content).
Responsibility for Your Content
You create and provide us with Your Content at your own risk and you are personally responsible and liable for Your Content. By uploading and publishing Your Content, you acknowledge that it does not contain any confidential information and may be seen by others.
Exclaire has discretion of the use of Your Content on the Site. We are not obliged to use, maintain or display Your Content on the Site. If we do use Your Content we may use it to publicise and promote us and the Site. You are not entitled to any payment from us for Your Content or our use of it.
Prohibitions on Your Content
Your Content must not include anything which:
(a) you do not have the right to disclose under law or an obligation you have to a third party (such as confidentiality agreements);
(b) reveals your or another person’s identity or sensitive information, such as names, email addresses, phone numbers or addresses;
(c) infringes or can possibly infringe rights, including intellectual property rights (such as copyrights and trademarks of others); or
(d) is or can be taken by any others as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral or otherwise offensive or illegal.
If you fail to abide by these prohibitions on your content, you may receive an email from Exclaire informing you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of Exclaire.
Our use of Your Content
By submitting Your Content through the Site, you grant us (our successors and our related bodies corporate, partners and their successors) a royalty-free, irrevocable, non-exclusive license to use in any way, part or all of Your Content in any medium (including but not limited to the Site), by any means and for any purpose (including commercial purposes), and to authorise others to do so. Exclaire, our successors, assignees and licensees may do or omit to do anything to Your Content which may infringe your moral rights in Your Content, including editing, altering and reproducing Your Content in any manner or context, in perpetuity throughout the world.
Monitoring, modification and removal of Content
We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with Your Content or User Content including without limitation any comments, opinions or statements submitted, uploaded or otherwise posted on the Site.
We may, but have no obligation to, amend, supplement, delete or update Our Content (defined below), Your Content or User Content, without notifying you and at our sole discretion. However, we may remove any defamatory, misleading, false, offensive or otherwise illegal material (including in Your Content) that we become aware of, without notifying you.
Interactions with other Users
You indemnify and hold us harmless for any actions of any other User and any dispute or claim that you may make against any other User, irrespective of whether it relates to the use of the Site.
No illegal use
You must not use the Site in any manner or for any purpose which is illegal.
All materials displayed on the Site, including without limitation, all text, graphics, advertisements, names, logos, trade marks, applications and software (whether registered or not) (Our Content) are our property or the property of their respective owners (including our licensors and other Users) and are protected by copyright, trade mark and other intellectual property laws.
You may use Our Content for your personal, non-commercial purposes, such as to obtain information about Products and/or place an order for Products using this Site. Except where the law expressly allows, you may not use, reproduce, modify, distribute, post, transmit, distribute, publish or create derivative works from, or use for any commercial purpose, any part of Our Content.
To the extent allowed by law, Exclaire does not guarantee the accuracy, completeness, security or currency of Our Content or User Content and we have no liability to you for your use or reliance on Our Content or User Content.
Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
Exclaire reserves all other rights not expressly granted.
The Site may contain hyperlinks to sites operated by third parties (including social media sites) (Linked Sites). Access to Linked Sites is provided for convenience only and you are responsible for deciding whether you want to use a Linked Site. You access these sites and use or buy their products and services solely at your own risk.
When you access and use Linked Sites, you are subject to their terms and conditions of use. Exclaire does not control or endorse and are not responsible for any features, content, Products or other materials on or available from a Linked Site. Any rights, claims or actions you may have in respect of a Linked Site can only be brought directly against the owners or operators of the Linked Site.
Exclaire may receive payments and/or commissions from owners or operators of Linked Sites and you will not have any claims, benefits or rights on these payments.
Liability and indemnity
To the extent permitted by law, Exclaire and its directors, officers, employees, agents and contractors exclude all liability to you in connection with the Site. You indemnify and hold us harmless for any and all claims, loss or damage however arising, (whether in negligence or otherwise) in connection with:
(b) your use, misuse of reliance on the Site, Our Content, User Content or Linked Sites;
(c) your Content, including its use, misuse or misappropriation; or
(d) any other acts or omissions by you.
We do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Site. Although reasonable precautions have been taken, we do not guarantee that access to the Site will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Site.
Wholesaling and Reselling
Exclaire does not wholesale and does not support or allow the purchase of Exclaire goods for resale at a profit. Such activity may result in termination of access to the Site.
Exclaire will not be liable for any delay in performing any of its obligations if the delay is caused by circumstances beyond its reasonable control, such as failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
Transfer and Assignment
If Exclaire merges with, sells to or otherwise changes control of its business or the Site, we may, without giving you notice or seeking your consent, transfer or assign to a third party, personal information, content and rights that Exclaire has collected from you and any agreements it had made with you in connection with your use of the Site.
If any part of these terms is found to be void, invalid, unlawful or unenforceable, then that part will be severed from these terms and the remaining terms will remain in force and comprise the agreement between you and Exclaire.
The failure by Exclaire to exercise or enforce any right or provision under these terms will not constitute a waiver of the right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Exclaire.
If you access this Site in a jurisdiction other than USA, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Exclaire makes no representations that the content of the Site complies with the laws of any country outside USA.
Gift Card/Gift Certificate/Gift Voucher
We may from time to time offer Exclaire gift cards/gift certificates/gift vouchers for our customers to purchase on the Site. Use of such Exclaire gift cards/gift certifications/gift vouchers is subject to the following terms and conditions:
- Unless otherwise specified, Exclaire gift cards/gift certificates/gift vouchers purchased on the Site can only be redeemed toward Product purchases made on the Site.
- Exclaire gift cards/gift certificates/gift vouchers cannot be used to purchase other Exclaire gift cards/gift certificates/gift vouchers.
- Promo codes and discounts do not apply to the purchase of Exclaire gift cards/gift certificates/gift vouchers.
- Exclaire gift cards/gift certificates/gift vouchers cannot be redeemed for cash except where required by law.
- Exclaire gift cards/gift certificates/gift vouchers will expire one calendar year after the purchase date.
- Any remaining, unused value on Exclaire gift cards/gift certificates/gift vouchers will be stored and available for your next purchase until depleted or until card expires, whichever occurs sooner.
- We do not charge maintenance fees on unused balances of Exclaire gift cards/gift certificates/gift vouchers.
- Please safeguard Exclaire gift cards/gift certificates/gift vouchers as you would with cash. We cannot replace or replenish Exclaire gift cards/gift certificates/gift vouchers that are lost, stolen, or used without authorization.
- Resale of Exclaire gift cards/gift certificates/gift vouchers is strictly prohibited.
- If Exclaire gift cards/gift certificates/gift vouchers are cancelled for any reason, any remaining, unused balances will be refunded to the purchasers.
- If Exclaire gift cards/gift certificates/gift vouchers are canceled for any reason, any remaining, unused balances will be refunded to the purchasers.
Sale items cannot be exchanged or refunded. Sale prices apply only to items ordered during the sale – items ordered before or after the sale will not have prices adjusted to include discounts. Sale start and end dates and times are in USA Eastern Standard Time, and can be altered at Exclaire’s discretion.
Pre-order items on pre-order are not in-stock at the time of purchase. This means it will take a bit longer than usual to ship out to you ? Please check individual pre-order product details for approximate shipment dates. If you order other items along with a pre-order piece, your entire order will be put on hold until your pre-order item is ready.