1. INTRODUCTION

1.1 Welcome to the Be Glitzy website located at www.beglitzy.com.au (“Website”) which is owned and operated by 47 654 019 977(ABN) (“Be Glitzy”, “Us”, “We”, “Our”).

1.2 Please read these Terms & Conditions carefully. By accessing and using the Website, you become a user of the Website (“User”) and you agree to be bound by these Terms & Conditions. These Terms & Conditions constitute a legally binding agreement between you and Be Glitzy (“Agreement”).

1.3 Be Glitzy reserves the right to alter, modify, add to or change in any way, any provision of these Terms & Conditions and may, in its absolute discretion, limit or expand the services available via the Website without giving prior notice to Users. It is your responsibility to check the Terms & Conditions each time you use the Website.

2. ACCOUNT, SUBSCRIPTION PACKAGE & CHECKOUT

2.1. Be Glitzy is an online platform based in Australia offering registered account holders to rent (“Services”) or purchase jewellery (“Products”).

2.2. To access our Goods and Services, you must create an account via the Website (“Account”) and purchase a subscription package (“Subscription Package”).

2.3. You must create an Account through the Website. When creating your Account you must enter details including (but not limited to) your name, address, phone number, email address and nominated payment method. You warrant that the information you provide when creating your Account is accurate. If any of this information changes, it is your responsibility to update your Account. You are solely responsible for maintaining the confidentiality of your Account and Account password.

2.4. Be Glitzy offers 2 Subscription Packages. Information specific to each of the Subscription Packages is available on the Website including the goods and services offered for each Subscription Package, the applicable fee for each Subscription Package (“Subscription Fee”), the duration of the package (monthly or annually), and any other relevant information.

2.5. To purchase a Subscription Package, you must:

(a) Create an Account in accordance with Clause 2.3.

(b) Select the Subscription Package you wish to purchase.

(c) Make payment of the Subscription Fee, in accordance with Clause 10.

2.6. Once you have purchased a Subscription Package in accordance with Clause 2.5, the Goods and Services shall be made available to you by logging into your Account on the Website.

2.7. Be Glitzy reserves the right to change or cancel any of the Subscription Packages offered, including but not limited to the Subscription Fee and the Goods and Services offered.

3. PRODUCTS

3.1. A listing for a Product on the Be Glitzy Website, shall provide information about that Product.

3.2. The use of any Products must be in accordance with any instructions or directions, and other information provided with that Product by Be Glitzy.

3.3. You acknowledge that your ability to access the Services is subject to the Product being available. Due to the nature of the Services, you acknowledge that Be Glitzy cannot guarantee the availability of a Product.

3.4. Be Glitzy reserves the right at any time to modify or discontinue its Products and/or to change the information contained on the Website without providing notice to you.

4. ORDERS

4.1. At the time of placing an order for rental of a Product via the Website (“Order”), Be Glitzy will require you to provide:

(a) A copy of your driver’s licence or other acceptable photo identification (“ID”), confirming your address.

(b) A photograph of the back and front of a credit card, in your name (“Credit Card”).

4.2. When you make an order, it will be processed the next business day.

4.3. You are able to rent the Product for a maximum of three (3) months (“Rental Period”).

4.4. You authorise Be Glitzy to take a deposit of $200 from your credit card as security (“Security Deposit”) for any loss or damage caused to the Products during the rental Period. The Security Deposit will be refunded to your credit card after 3 months of your membership Period, or if you cancel the membership in accordance with Clause 11. Your credit card may be charged for any loss or damage in accordance with Clauses 5 and 6 below.

4.5. You acknowledge and agree that we will only ship your Order once you comply with Clause 4.1 above.

4.6. We will only send the Product to the address stated on your ID. If you require your Order to be shipped to a different address than the one stated on your ID, we reserve the right to request further documentation confirming that you are connected to that address.

4.7. If you fail to provide us with a copy of your ID within a reasonable time for us to be able to ship your Order for your selected Rental Period in accordance with Clause 8, we reserve the right to cancel your Order and provide you with a credit note.

5. DAMAGES

5.1. Where a Product has been returned with damage, you agree to pay for the reasonable cost of repairing or replacing the Product, as determined by Be Glitzy (“Repair Fee”).

5.2. An invoice specifying the Repair Fee will be emailed to you (“Invoice”). You agree to make payment of the Invoice within 7 days of the date of the Invoice.

5.3. If you fail to make payment of the Invoice in accordance with Clause 5.2 above, you agree to Be Glitzy withdrawing the Repair Fee from your Credit Card.

6. STOLEN OR UNRETURNED GOODS

6.1. If the Product is lost or stolen during the Rental Period, or otherwise not returned to us at the end of the rental period, you must pay to us the full value product (“Replacement Fee”).

6.2. An invoice specifying the Replacement Fee will be emailed to you. You agree to make payment of this invoice within 7 days of the date of the invoice.

6.3. If you fail to make payment of the Replacement Fee in accordance with Clause 6.2, you agree to Be Glitzy withdrawing the Replacement Fee from your Credit Card.

6.4. In the event payment is not made in accordance with Clause 6.2 and 6.3, Be Glitzy will report the lost / stolen goods to the police and provide the police with copies of the documents provided by you in accordance with Clause 4.1.

7. CLEANING AND TRAVEL

7.1. Be Glitzy cleans the Products prior to each Rental Period. For earrings in particular, this includes sterilisation.

7.2. You agree that under no circumstances will you attempt to clean the Product yourself with any chemicals, or have the Product cleaned by anyone else.

7.3. If you wish to take a Product overseas, you must notify us before doing so and we recommend you take out the relevant travel insurance to cover the Product if it is lost, damaged or stolen while overseas.

8. DELIVERY

8.1. Be Glitzy will arrange for the Product to be delivered to the address listed on your Credit Card.

8.2. A delivery cost of $15 will be applied to your order at Checkout.

8.3. Be Glitzy uses Express Post through Australia Post to deliver Orders within Australia. A tracking number will be provided to you to track your Order. The Product cannot be left unattended and must be picked up and signed for by you at the address or the Post Office specified by the courier.

8.4. Delivery Timeframe is two (2) to five (5) days.

8.5. You acknowledge that the timeframe specified in 8.4 above is an estimate only. Be Glitzy cannot be held liable for any delivery delays caused by Australia Post.

9. RETURNS

9.1. Be Glitzy will provide pre-paid return packaging with your Order. Please ensure that you place the Product inside the pre-paid return packaging and drop it to your nearest Post Office or Express Post Box by 4pm on the last day of the Rental Period.

9.2. You must confirm with Be Glitzy once the Product has been dropped off for return delivery by emailing: [provide email address] on the last day of the Rental Period confirming the tracking number for the return.

9.3. You have the responsibility to re-package the Product in accordance to Be Glitzy’s instructions to ensure that it is protected, subject to minimal damage and returns the way it arrived. Packing instructions will be provided with the Product. You will be liable for any damage(s) made to accessory via transit if it was not packed/protected in accordance to Be Glitzy’s packing instructions.

9.4. You will be liable for a daily penalty fee of $20.00 (“Late Fee”) for every day you retain the Product after the Rental Period. An invoice for the Late Fee will be emailed to you.

9.5. If you fail to make payment of the Invoice within 7 days of the date of the Invoice, you agree to Be Glitzy withdrawing the Late Fee from your Credit Card.

9.6. If the return date falls on a public holiday, you will not be charged a Late Fee.

10. FEES & PAYMENT

10.1. The Subscription Package is subject to a Subscription Fee. You will only gain access to the Products and Services offered under the Subscription Package of your choosing once you pay the Subscription Fee, when due.

10.2. When you purchase an annual (twelve month) Subscription Package, you must pay the full amount of the Subscription Fee at the time of purchase.

10.3. When you purchase a month-by-month Subscription Package, you must pay the applicable Subscription Fee one month in advance. The Subscription Fees will be charged automatically to your Credit Card on the day payment is due. Before the next payment is due, Be Glitzy will notify you via email that payment is due so that you know the exact amount and payment date.

10.4. Subscription Fees shall be paid on the Be Glitzy Website via Stripe. Be Glitzy are not responsible for any payment processed (or not processed) and may offer other methods for payment from time to time.

10.5. For Fees paid via Strip, such payment is subject to Stripe’s Services Agreement which can be read here: https://www.stripe.com/en-au/legal/ssa

10.6. Cancellation of your Be Glitzy Subscription Package can be made at anytime in accordance with Clause 11 below.

10.7. If Be Glitzy does not receive the applicable Subscription Fee when payment is due, Be Glitzy may cancel your Subscription Package and makes no guarantee that a Subscription Package will be available to you at a later date.

11. CANCELLATIONS

11.1. You may cancel your Subscription Package anytime via the Website or by contacting Be Glitzy.

11.2. You agree that any Fees paid in accordance with Clause 10 will not be refunded in the event of cancellation. The cancellation will take effect on the day of the new billing period.

12. INSURANCE

12.1. The Product will be insured by Australia Post during transit from Be Glitzy to you as part of the fee described in Clause 8.2.

12.2. The Product will be insured by Australia Post during transit from you to Be Glitzy providing it is returned in accordance with Clause 9.

13. TERMINATION & SUSPENSION

13.1. If By Glitzy determines that you are in breach of this Agreement, they may, in their sole discretion and without notice, limit access, suspend or terminate your Account, and refuse any and all current or future use of the Account and the Services. Such termination shall not release you of any obligations existing at the time your Account is terminated. In addition to terminating the Agreement, Be Glitzy will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.

13.2. If your Account is terminated, suspended or otherwise limited, all Services associated with that Account will no longer be available to you.

13.3. The following sections of these Terms & Conditions will survive termination: Fees & Payment; Termination & Suspension; Waiver; User Warranties; Intellectual Property Rights; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.

14. INTELLECTUAL PROPERTY RIGHTS

14.1. Except for third party data or as otherwise stated, all other parts of the Website are owned or controlled by Be Glitzy or third parties that have authorised such use, including but not limited to all trade marks, text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content of the Website (“Company Materials”).

14.2. All rights are reserved. Company Materials shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with this Agreement and the Order Terms and Conditions, without the prior written consent of Be Glitzy.

14.3. Be Glitzy is the sole owner of all intellectual property in its Products, and you must not copy, reproduce or adopt the designs embodied in any Products for any use, including but not limited to passing off Be Glitzy’s Products as your own products, developing your own products or for any other purpose outside of this Agreement.

15. USER CONDUCT

15.1. As a User, you must not (and must not allow any third party to):

(a) use the Website in any manner that could damage, disable, overburden, or impair the Website;
(b) attempt to gain unauthorised access to any parts of the Website;
(c) interfere or attempt to interfere with the proper working of the Website software;
(d) use any robot, spider, scraper or other automated means to gain unauthorised access without express written permission from Be Glitzy;
(e) analyse, reverse engineer, attempt to replicate the underlying ideas, algorithms, and source code of the Website; and/or
(f) transmit any viruses, worms, defects, Trojan horses, malware or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data of the Website.

15.2. Be Glitzy reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any third-party Website or application which is linked to or from the Website.

15.3. You agree that you shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Website for any purpose.

16. INDEMNITY

16.1. You indemnify Be Glitzy Industries and its officers, directors, employees and licensors against any and all costs, loss or damage suffered or may incur by reason of any third party data imported into the Website, the access and use of the Website and/or any breach or alleged breach of this Agreement by you.

16.2. Should Be Glitzy, in its sole discretion, determine that you have breached these Agreement, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.

17. NO WARRANTIES AND LIMITATION OF LIABILITY

17.1. To the fullest extent permitted by law (including the Australian Consumer Law), Be Glitzy is provided on an “as is” basis and without representations or warranties of any kind to you, whether expressed or implied, including without limitation as to the quality and/or fitness of the Website for a particular use, accessibility or warranties that access to or use of Be Glitzy will be uninterrupted or error-free. Be Glitzy does not represent that the Website will be secure or free of viruses or other harmful material or elements, or Be Glitzy Materials will be correct, accurate, timely or complete.

17.2. Be Glitzy may direct you to third-party Websites, and is not responsible for the content, the accuracy of the information and any products or services available on such third-party Websites and/or for any damage of any kind arising from your access or use of such third-party Websites.

17.3. Be Glitzy reserves the right to limit, deny or create different access to and use of the Website and its features and functions with respect to different Users. Each Member acknowledges that inability to use the Website wholly or partially for whatever reason may have adverse effects on its business.

17.4. Be Glitzy cleans the Products in between each Rental Period (including the sterilisation of earrings) however does not warrant that they cleaned or sterilised to a medical standard. You rent the Products (particularly earrings) understanding there are some risks of infection. You therefore release Be Glitzy of any liability (to the maximum extent permitted by law) associated with any injury, illness, infection or other personal injury sustained in connection with renting the Products.

17.5. You release Be Glitzy of any liability (to the maximum extent permitted by law) associated with an allergic reaction to the Product.

18. ASSIGNMENT

18.1. You acknowledge that this Agreement is personal to you and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of Be Glitzy. Be Glitzy reserves its right to assign the provisions of this Agreement at any time.

19. GOVERNING LAW AND JURISDICTION

19.1. This Agreement and the access and use of the Website shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Website, you accept that any dispute under these this Agreement or arising out of access and/or use of the Website shall be subject to the jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Website, you hereby submit to the jurisdiction of such courts for such purposes.

19.2. You are solely responsible for compliance with any applicable laws of the State, Territory or Country from which you access the Website.

20. ENTIRE AGREEMENT

20.1. This Agreement shall constitute the entire agreement and understanding between the you and Be Glitzy concerning the subject matter hereof and supersedes all prior agreements and understanding of you and Be Glitzy with respect thereto.

20.2. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.