Terms & Conditions
Accepting the Terms & Conditions of Use & Service
Please read these Terms & Conditions and the Privacy Policy for our goods sold online, which is available via the internet (collectively, the Agreement) carefully before using feele.com.au (referred to hereinafter as the Site) and or the other domains, products, services and or content provided by FEELE. (all of those collectively with the Site, the Services) (FEELE. collectively with its agents, consultants and employees, FEELE, we, or us).
By using or accessing the Services, you (Subscriber or you) agree to all the terms and conditions of this Agreement, and if you do not agree to all the terms and conditions of this Agreement you should not and are not permitted to use the Services.
Modifications to the Agreement
FEELE may in its sole discretion, modify the Agreement at any time by posting a revised Agreement through the Services. Please read the Terms of Use & Service and check back often. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of the same constitutes your acceptance of the terms and conditions of this Agreement as modified.
Any modifications to the Agreement made after you have placed an order will not affect and are not binding on that order unless we are required to make the change by law.
SMS/MMS Mobile Message Marketing Program Terms and Conditions
Feele (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.
The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from Feele via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.
We may change any telephone number we use to operate the Program 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 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 Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Privacy
Any information you provide to FEELE directly or indirectly via the Services is subject to FEELE Privacy Policy, which governs our collection and use of your information.
You understand that through your use of the Services you consent to the collection and use (as outlined in the Privacy Policy) of this information.
Limitations of Use
You may not do any of the following while accessing or using the Services:
— access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of FEELE and or its service providers;
— probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
— access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by FEELE (and only under those terms and conditions) unless you have been specifically allowed to do so in a separate agreement with FEELE
— scrape the Services, and particularly scrape Content (as defined below) from the Services, without the express prior written consent of FEELE (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or
— interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
Intellectual Property
Definitions: For purposes of this Agreement, the term Content means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services.
This website contains material which is owned by or licensed to FEELE. This material includes, but is not limited to, the design, layout, look, appearance, and graphics.
Reproduction is prohibited. All trademarks reproduced in this website which is not the property of, or licensed to, the operator is acknowledged on the website.
FEELE and or third parties retain ownership of all intellectual property rights in all content.
Unless otherwise indicated, all materials on this website, and the website itself, are protected by copyrights, trademarks and or other intellectual property rights.
Except for the purpose of a bona fide use of this site or as otherwise permitted by the Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by FEELE.
Any other use of materials on this website, including reproduction for a purpose other than your personal non-commercial use, modification, distribution, or re-publication, without the prior express written permission of FEELE is strictly prohibited.
Applicable Law and Jurisdiction
Your use of the Site is governed in all respects by the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria concerning any legal proceeding directly or indirectly arising out of or relating to the Site (including but not limited to the purchase of FEELE products).
Disclaimer
The information contained on the Site is for general information purposes only. The information is provided by FEELE and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability concerning the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
For the avoidance of doubt, you agree that the display of goods or services for sale on the Site is an invitation to treat and are not a contractual offer for sale.
FEELE may in its sole discretion reject or not accept your offer to purchase any goods or services for sale on the Site in its sole discretion.
FEELE shall not be liable for any indirect or consequential damages and, in particular, shall accept no liability whatsoever for loss of income deriving from the purchase of FEELE products from the Site.
This website may contain links to other websites. FEELE is not responsible for the availability of, or any content or material contained in or obtained through, any such websites. Any link to another website, and reference to third-party information, products or services linked to this website, is not, and should not be construed as, an express or implied endorsement by FEELE. Any questions or comments relating to such other websites should be addressed to the operator or operators of those websites.
Every effort is made to ensure the efficient operation of the Site and Services and that the information contained within the Site is accurate at all times. However, FEELE takes no responsibility, and will not be liable for the Site becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other associated issues beyond our control.
Eligibility to Purchase
To make purchases on the Site you will be required to provide your details. In particular, you must provide your real name, phone number, e-mail address, and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
All orders are subject to availability and confirmation of the order price.
Dispatch times may vary depending on the availability of items and any delivery time guarantees made, are subject to service from our third-party freight company and we will not be responsible.
The Site is available only to individuals and others who meet the terms of eligibility as accepted by FEELE, who have been issued a valid credit or debit card by a banking institution acceptable to FEELE, whose applications are acceptable to FEELE and who have authorized FEELE to process a charge or charges on their credit or debit card in the amount of the total purchase price for the merchandise which they purchase.
FEELE reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase the merchandise you expressly authorize us to perform credit checks and where FEELE feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit or debit card number or credit reports, to authenticate your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorization and to authorize individual purchase transactions
Furthermore, you agree that we may use personal information provided by you to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
No individual under the age of 16 (sixteen) may use the Services or provide any information to FEELE or otherwise through the Services (including, for example, a name, address, telephone number, or email address) without the prior consent of a parent or guardian.
Any individual under the age of 16 must advise their parent or guardian concerning FEELE Privacy policy before registering to use the Site or any of the Sites services.
We reserve the right to only accept orders from those over 18 (eighteen) years of age, however. You otherwise may only use the Services if you can form a binding contract with FEELE and are not legally prohibited from using the Services.
Pricing & Availability
We try to ensure that all details, descriptions, and prices which appear on the Site are accurate however, errors may occur. If we discover an error in the price of any goods that you have ordered, we will notify you immediately and offer you the option to reconfirm your order at the correct price or to cancel your order.
In the case that we cannot get in contact with you, we will cancel the order and refund you in full.
We do not guarantee the availability of an item until the order has been dispatched and we may have to cancel an order if an item is unavailable, in this case, you will receive a full refund. If for any other reason we are unable to dispatch your order, we will notify you within 2 business days. Delivery costs are charged in addition to the order total and will be marked at checkout.
The Site may contain errors and inaccuracies and we reserve the right to correct any errors or inaccuracies and to update information at any time without any notice.
Payment
Prices may be displayed in different currencies and are based on current exchange rates however, all transactions will be processed in AUD.
No orders will be dispatched until payment has been received in full.
We may contact you to verify your details before dispatching your order.
Discount Codes
We may offer promotional discount codes to be used on the site which will adhere to special conditions that will be specified at the time of issue.
Delivery & Returns
In the scenario that an order from FEELE to the customer is not delivered due to fault of the courier company, it is the responsibility of FEELE to either replace the item or refund the customer in full or issue a Gift card for the full amount depending on the original terms of sale.
In the scenario that a return from the customer to FEELE is not delivered, it is the responsibility of the customer to wear any losses as a result of the lost package, therefore, all returns must be sent back to FEELE.
Contact
To contact FEELE under this agreement, provide notices under this agreement, or for any questions, FEELE may be contacted on: