SOWSEW WEBSITE TERMS OF USE

Welcome to our online store! SOWSEW and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully. Enjoy your shopping!

This Web Site is owned and operated by 2 Hearts Pty Limited (ACN 133 561 216), trading as SOWSEW.

SOWSEW is not liable to you or any other person or entity for any loss in connection with the use of this Web Site or a Linked Web Site. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. Please read the full Terms of Use.

Please note: 2 Hearts Pty Limited reserves the right to amend the Terms of Use at any time. However, since you are bound by these Terms of Use, you should periodically refer to them.

ELECTRONIC COMMUNICATIONS

When you visit our SOWSEW Store or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, statements, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

DISCLAIMER OF LIABILITY

General Disclaimer

We are not liable to you or anyone else for any Loss in connection with use of this Web Site or a Linked Web Site. This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.

Specific Warnings and Disclaimers

The Trade Practices Act and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of goods or services on the Web Site, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Web Site or a Linked Web Site. You must take your own precautions to ensure that whatever you select for your use from this Web Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the Website will be uninterrupted or error free or that any defects will be corrected.

We may, from time to time, change or add to this Website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this Website updated. We are not liable to you or anyone else if errors occur in the information on this Website or if that information is not up-to-date.

Under no circumstances (including but not limited to any act or omission on the part of 2 Hearts Pty limited) will 2 Hearts Pty Limited be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website.

To the fullest extent permitted by law, 2 Hearts Pty Limited’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of 2 Hearts to the following:

1. In the case of services supplied or offered by 2 Hearts Pty Limited:
• the supply of the services again, or
• the cost of having services supplied again; and
2. In the case of goods supplied or offered by 2 Hearts Pty Limited:
• the replacement of the goods or the supply of equivalent goods,
• the repair of such goods,
• the payment of the cost of the replacing the goods or acquiring equivalent goods, or
• the payment of the cost of having the goods repaired.

In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. These special meanings are set out in the "General" section.

The Terms of Use are effective until terminated by 2 Hearts Pty Limited and 2 Hearts Pty Limited may terminate this agreement and your access to the Web Site at any time without notice. In the event of termination you are no longer authorised to access the Web Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

COPYRIGHT

This Website is our copyright property.

All content included on this site, such as text, graphics, logos, button icons, images is the property of SOWSEW or its content suppliers and protected by Australian and international copyright laws.

All other trademarks not owned by SOWSEW or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SOWSEW or its subsidiaries.

You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form or by any means:

* Adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or

* Commercialise any information, products or services obtained from any part of this Website without our written permission.

This logo and the word “Sowsew” are trade marks of 2 Hearts Pty Limited.

Other product and company names mentioned in this Website may be the trade marks of other people or entities.

Nothing contained in the Website should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Web Site without the express written permission of 2 Hearts Pty Limited or the third party owner of the trade mark.

2 Hearts Pty Limited trademarks may not be used in connection with any product or service that is not 2 Hearts Pty Limited, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 2 Hearts Pty Limited.

LINKED WEB SITES

This Website may contain links to Linked Websites. Those links are provided for convenience only and may not remain current or be maintained.

Links to those web sites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.

Unless otherwise stated the Linked Websites are not under the control of 2 Hearts Pty Limited and 2 Hearts Pty Limited is not responsible for the contents of any Linked Website. You click on a link to any such web site at your own risk.

PRIVACY

Please review our Privacy Statement, which also governs your visit to our website, to understand our practices.

COOKIES

2 Hearts uses session cookies on this website. Session cookies are only used to let our site know that you are the same person wherever you go on our site during a session. For example, if you put a product in your shopping bag and go to check out, we need to know that it is you on the check out page and you have ordered that product.

Upon closing your browser the session cookie set by this web site is destroyed and no personal information is maintained which might identify you should you visit our web site at a later date. Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser.

2 Hearts Pty Limited may use this information to build up a consumer profile about you, which may allow it to tailor offers or marketing material which may be of interest to you.

As with all of your personal information 2 Hearts Pty Limited will not provide this to third parties without your consent, except where:

• such disclosure is permitted under the Privacy Act 1988;
• 2 Hearts Pty Limited is required by law to disclose information to third parties; or
• 2 Hearts Pty Limited has outsourced some internal functions to third parties, for example data warehousing companies, mail houses or contractors that carry out administrative or courier (dispatch and delivery) functions on their behalf.

VISITING AND USING THIS WEBSITE

If you use this site, you are responsible for maintaining the confidentiality of your activities and for restricting access to your computer if so required, and you agree to accept responsibility for all activities. If you are under 18, you may use our website only with the involvement of a parent or guardian. 2 Hearts Pty Limited and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

LICENCE AND SITE ACCESS

2 Hearts Pty Limited grants you a limited licence to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of 2 Hearts Pty Limited.

This licence does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of . You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information(including images, text, page layout, or form) of SOWSEW and our associates without express written consent.

You may not use any meta tags or any other"hidden text" utilising 2 Hearts’ or SOWSEW’s name or trademarks without the express written consent of 2 Hearts Pty Limited.

Any unauthorised use terminates the permission or licence granted by 2 Hearts Pty Limited.

You are granted a limited, revocable, and non exclusive right to create a hyperlink to the home page of SOWSEW.com so long as the link does not portray 2 Hearts Pty Limited, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SOWSEW logo or other proprietary graphic or trademark as part of the link without express written permission.

RISK OF LOSS

All items purchased from 2 Hearts Pty Limited are despatched pursuant to a shipment or delivery contract. This basically means that the risk of loss pass to you upon our delivery to the carrier.

RETENTION OF TITLE

2 Hearts Pty Limited will retain full title in any items ordered by you until it has received payment for the items in full.

PRODUCT DESCRIPTIONS

2 Hearts Pty Limited and its associates attempt to be as accurate as possible. However, 2 Hearts Pty Limited does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by 2 Hearts Pty Limited itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by 2 Hearts on an "as is" and "as available" basis.

2 Hearts Pty Limited makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, Sowsew disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose.

Sowsew does not warrant that this site, its servers, or e-mail sent from 2 Hearts are free of viruses or other harmful components.

Sowsew will not be liable for any damages of any kind arising from the use of this site or from the purchase of any items including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

APPLICABLE LAW

By visiting SOWSEW.COM, you agree that the laws of the State of NSW, Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and 2 Hearts Pty Limited or its associates.

PAYMENTS

All payments are processed in Australian Dollars and converted to the local currency by PAYPAL or your credit card provider.

The total amount in foreign currency may vary slightly depending on the fees charged and exchange rate used by the credit provider. As a result, the actual amount charged in the international currency may vary slightly from the amount shown by the currency conversion facility. Please note that some orders may be subject to ID verification which requires the credit card holder to submit a completed Payment Authorisation form.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SOWSEW reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant SOWSEW and its associates a non exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant 2 Hearts Pty Limited and its associates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify 2 Hearts Pty Limited or its associates for all claims resulting from content you supply.

2 Hearts Pty Limited has the right but not the obligation to monitor and edit or remove any activity or content. 2 Hearts Pty Limited takes no responsibility and assumes no liability for any content posted by you or any third party.

DELIVERY

Please refer to our “Our Goods To You Policy” for general shipping details.

Additional delays may occasionally occur due to high demand and heavy load on postal services and customs.

2 Hearts Pty Limited is not responsible for loss or damage of your order in transit. This responsibility is passed on to you as soon as we hand your order over to the shipping company.

Unclaimed or refused deliveries may incur additional fees.

IMPORT DUTIES/TAXES/CUSTOMS

Some orders may be subject to import taxes/duties and customs clearance fees in the country of destination. If unsure if such charges will be applicable to you, please contact your local postal and customs authorities. Any such fees are solely the responsibility of the parcel recipient and not paid by us.

Certain countries may prohibit the import of specific goods or brands. If unsure whether any such restrictions apply to the destination country, please check with the local customs authorities before making a purchase. 2 Hearts Pty Limited will not be responsible for any goods seized by the customs and any associated costs as a result of those restrictions.

DISPUTES AND DISPUTE RESOLUTION

Any dispute relating in any way to your visit to SOWSEW.com or to products you purchase through 2 Hearts Pty Limited shall be submitted to confidential arbitration in the State of NSW, Australia, except that, to the extent you have in any manner violated or threatened to violate 2 Hearts Pty Limited intellectual property rights, 2 Hearts Pty Limited may seek injunctive or other appropriate relief in any state or federal court in the State of NSW, Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Institute of Arbitrators and Mediators Australia. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies which are posted on this site. These policies also govern your visit to SOWSEW.com.

We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS

Questions regarding our Terms and Conditions, Privacy Policy, or other policy related material can be directed to Gilly Parry, or our support staff by clicking on the "Contact Us" link in the side menu. Please feel free to email us at: gilly@sowsew.com

GENERAL

In this Web Site:

"2 Hearts" and SOWSEW means 2 Hearts Pty Limited (ACN 133 561 216) unless otherwise specified.

"Linked Websites" means web sites of persons or entities other than 2 Hearts Pty Limited which are hyperlinked from this Web Site.

"Personal Information" means any information from which your identity is apparent or can be reasonably be ascertained.

"Website" means the whole or any part of the web pages located at www.sowsew.com (including the lay-out of this Website, individual elements of the Website design, underlying code elements of this Website, or text, sounds, graphics, animated elements or any other content of this Web Site.)

"We" and "us" refer to 2 Hearts Pty Limited and "our" has the same meaning.

These Terms of Use are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.

Nothing contained in these Terms of Use derogates from 2 Hearts Pty Limited right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by 2 Hearts Pty Limited with respect to that use.

© 2012 2 Hearts Pty Limited

All rights reserved. Not to be reproduced without consent.