Last updated 5/7/24

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

(a) Welcome to www.islaboutique.com.au (the 'Website'). The Website provides Jewellery

and accessories shopping (the 'Services').

(b) The Website is operated by ISLE ARC (ABN 56650477008). Access to and use of the

Website, or any of its associated Products or Services, is provided by ISLE ARC .

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 Services, immediately.

(c) ISLE ARC reserves the right to review and change any of the Terms by updating

this page at its sole discretion. When ISLE ARC updates the Terms, it will use

reasonable endeavors to provide you with notice of updates to 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

(a) You accept the Terms by remaining on the Website. You may also accept the

Terms by clicking to accept or agree to the Terms where this option is made

available to you by ISLE ARC in the user interface.

3. Registration to use the Services

(a) In order to access the Services, you must first register for an account through the

Website (the 'Account').

(b) 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:

(i) Email address

(ii) Preferred username

(iii) Mailing address

(iv) Telephone number

(v) Password

(c) You warrant that any information you give to ISLE ARC in the course of completing

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

(d) 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.

(e) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with ISLE ARC; or

(ii) 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

(a) As a Member, you agree to comply with the following:

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

(A) the Terms; and

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

guidelines in the relevant jurisdictions;

(ii) you have the 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;

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

parties, is strictly prohibited. You agree to immediately notify ISLE ARC of

any unauthorized use of your password or email address or any breach of

security of which you have become aware;

(iv) 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 ISLE ARC providing

the Services;

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

commercial endeavors except those that are specifically endorsed or

approved by the management of ISLE ARC ;

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

use which includes collecting the 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;

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

of solicitation may be removed from the Website without notice and may

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

by ISLE ARC for any illegal or unauthorized use of the Website; and

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

Services is prohibited.

5. Payment

(a) Where the option is given to you, you may make payment for the Services (the '

Services Fee') by way of:

(i) Credit Card Payment ('Credit Card')

(ii) PayPal ('PayPal')

(b) All payments made in the course of your use of the Services are made using

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 Stripe terms and conditions which are available on their

website.

(c) You acknowledge and agree that where a request for the payment of the Services

Fee is returned or denied, for whatever reason, by your financial institution or is

unpaid by you for any other reason, then you are liable for any costs, including

banking fees and charges, associated with the Services Fee.

(d) You agree and acknowledge that ISLE ARC can vary the Services Fee at any time.

6. Refund Policy

ISLE ARC will only provide you with a refund of the Services Fee in the event they are

unable to continue to provide the Services or if the manager of ISLE ARC makes a

decision, at its absolute discretion, that it is reasonable to do so under the circumstances

(the 'Refund').

7. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of ISLE ARC 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 ISLE ARC or its

contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or

licensed by ISLE ARC, who grants to you a worldwide, non-exclusive, royalty-free,

revocable license whilst you are a Member to:

(i) use the Website pursuant to the Terms;

ISLE ARC does not grant you any other rights whatsoever in relation to the

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

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

your device's cache memory; and

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

use.

(c) ISLE ARC 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 any:

to you.

(i) business name, trading name, domain name, trade mark, industrial design,

patent, registered design or copyright, or

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

trade mark or industrial design, or

(iii) 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

process),

(d) You may not, without the prior written permission of ISLE ARC 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.

8. Privacy

(a) ISLE ARC takes your privacy seriously and any information provided through your

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

which is available on the Website.

9. General Disclaimer

(a) 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.

(b) Subject to this clause, and to the extent permitted by law:

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

not expressly stated in the Terms are excluded; and

(ii) ISLE ARC 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.

(c) 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 ISLE ARC make any express or implied

representation or warranty about the Services or any products or Services

(including the products or Services of ISLE ARC ) referred to on the Website,

includes (but is not restricted to) loss or damage you might suffer as a result of

any of the following:

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

to correct defects, delays 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;

(ii) 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);

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

the products of ISLE ARC ; and

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

convenience.

10. Limitation of liability

(a) ISLE ARC '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.

(b) You expressly understand and agree that ISLE ARC , 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 loss.

11. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by ISLE ARC as

set out below.

(b) If you want to terminate the Terms, you may do so by:

Your notice should be sent, in writing, to ISLE ARC via the 'Contact Us' link on our

homepage.

(i) providing ISLE ARC with 5 days days' notice of your intention to terminate;

and

(ii) closing your accounts for all of the services which you use, where ISLE

ARC has made this option available to you.

(c) ISLE ARC may at any time, terminate the Terms with you if:

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

provision;

(ii) ISLE ARC is required to do so by law;

(iii) the provision of the Services to you by ISLE ARC is, in the opinion of ISLE

ARC , no longer commercially viable.

(d) Subject to local applicable laws, ISLE ARC 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 ISLE ARC 's name or reputation or violates the rights of those of

another party.

12. Indemnity

(a) You agree to indemnify ISLE ARC , its affiliates, employees, agents, contributors,

third party content providers and licensors from and against:

(i) 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;

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

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

(iii) any breach of the Terms.

13. Dispute Resolution

(a) 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).

(b) 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.

(c) Resolution:

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

('Parties') must:

(i) Within 5 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may

mutually agree;

(ii) If for any reason whatsoever, 20 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;

(iii) 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;

(iv) The mediation will be held in Brisbane, Australia.

(d) 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 evidence.

(e) Termination of Mediation:

If 1 month 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.

14. Venue and Jurisdiction

(a) The Services offered by ISLE ARC 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 Queensland, Australia.

15. Governing Law

(a) The Terms are governed by the laws of Queensland, 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 Queensland, 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.

16. Independent Legal Advice

(a) 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.

17. Severance

(a) 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.

Mobile Terms of Service

Isla Boutique

Last updated: Sept. 1, 2024

The Isla Boutique mobile message service (the "Service") is operated by Isla Boutique (“Isla Boutique”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Isla Boutique’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Isla Boutique through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Isla Boutique. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Isla or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Isla Boutique mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Isla or email hello@islaboutique.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Approved by

Signature:

Daniel Barbato

Full Name: Daniel Barbato

Date: 1th September 2024