Terms & Conditions

TERMS AND CONDITIONS

1.3 In order to register for an Account, you must furnish accurate and current personal information, including your name, address, and a valid email address. It is prohibited to register more than one Account, and individuals under 13 years old should not create an Account.

1.4 To place Orders using an Account, you must be at least 18 years old and possess the legal capacity to enter into an agreement with us. Individuals under 18 may only place an Order with the involvement of a parent or guardian, as we do not sell products for purchase by children.

1.5 You are solely responsible, to the extent permitted by applicable law, for all activity occurring on your Account (including Orders placed using your Account). You must maintain the security of your Account password. We are not liable for any unauthorized activity on your Account, including instances where you fail to secure your Account login information. Any fraudulent, abusive, or illegal activity may be reported to relevant authorities.

1.6 Unauthorized use of another person’s Account is strictly prohibited without our express permission or that of the account holder. If you suspect or become aware of any unauthorized use of your Account or if your password is no longer secure, please contact us immediately and take prompt action to secure your Account (including password change).

1.7 We do not guarantee the continuous availability of the Site and disclaim any warranties related to the uninterrupted access to the Site. Additionally, we provide no warranties regarding the content of any external websites linked to or from our Site.

1.8 You must not link to our Site or any part of our Site in a manner that harms or exploits our reputation, including, but not limited to:

(a) suggesting or implying any association, affiliation, approval, or endorsement from us when none exists; or

(b) engaging in illegal or unfair linking practices.

2. INFORMATION ON THIS SITE

2.1 The content on the Site, including audio and video excerpts, is subject to copyright, trademarks, and other intellectual property rights owned by or licensed to Secret Pink Pty Ltd.

2.2 Unauthorized reproduction, transmission, communication, adaptation, distribution, sale, modification, publication, or any other use of the material on the Site is strictly prohibited, unless permitted by statute or with our prior written consent. Any unauthorized use of the materials may violate copyright, trademark, and other applicable laws, leading to potential criminal or civil penalties.

2.3 Information regarding goods on the Site is sourced from material provided by third-party merchants, suppliers, and/or product manufacturers. We cannot be held responsible for inaccuracies or errors resulting from incorrect information supplied by these third parties, except as required by law, including the Australian Consumer Law.

2.4 Due to limitations associated with photography and screen representation, some actual products, especially clothing, apparel, and shoes, may differ slightly in visual appearance (such as colour) from their representation on the Site. Additionally, for promotional purposes, certain product depictions may be created or chosen by us and may not precisely represent the received products.

3. ORDER AND FORMATION OF CONTRACT

3.1 When placing an Order, follow the instructions on the Site for Order submission and modifications.

3.2 Upon selecting a product for Order, the displayed price on the Site, including Goods and Services Tax ("GST") and Delivery Fees, becomes the payable amount in Australian dollars.

3.3 Full payment is required at the time of ordering using accepted payment methods. Ensure your payment method is valid and has sufficient funds. We are not responsible for payment provider decisions and offer no warranties about their services. If a particular service is not available to you, you should use another valid payment method. You may store payment methods in your Account for future use.

3.4 By placing an Order, you authorize us to perform credit and security checks, transmit or obtain information about you from third parties, and validate your credit card. This includes authorizing individual purchase transactions.

3.5 If an Order mistake is discovered after submission, contact us immediately. We may not guarantee order amendments, and fees may apply.

3.6 Upon Order placement, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:

(a) unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product or size);

(b) we suspect that you might on-sell our products to other consumers;

(c) if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud;

(d) if there has been an error in the imagery, price or product description on the Site; or

(e) if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.   

3.7 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order.  If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.  We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.

4.DELIVERY

4.1 Our goal is to deliver products to your specified delivery location within the indicated time frame. However, we cannot guarantee firm delivery dates or times.

4.2 While we aim to notify you of any expected delays, but to the extent permitted by law,  we are not liable for losses, liabilities, costs, damages, charges, or expenses due to late or delayed delivery.

4.3 We will attempt to deliver your order to the provided address. Ensure you can receive the product promptly and at a reasonable time. Our delivery partners may contact you via SMS to discuss delivery options, including leaving the item, rerouting, or collection.

4.4 By default, you authorize us to leave items at the specified address. If the delivery area is deemed unsafe, your order may be redirected, redelivered, or returned. If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept Delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

(a) charge you for our reasonable storage fees and other costs reasonably incurred by us; or

(b) no longer make the product available for Delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).

4.5 Delivery to certain locations may not be possible. In such cases, we will inform you and arrange cancellation or delivery to an alternative address.

4.6 Risk in the product passes to you upon delivery. We are not liable for loss or destruction after the risk passes.

4.7 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

5. CANCELLATION

5.1 We may terminate a Contract if the product is not available for any reason.  We will notify you if this is the case and return any payment that you have made.  We will refund any money received from you using the same method originally used by you to pay for the product.  If the refund transaction fails, we will advise you of this and make arrangements to process the refund via a different method.

5.2 If notified before goods have been dispatched, secretpink.com.au can accommodate order cancellations. If items have been shipped, secretpink.com.au right to refuse order cancellation or charge a cancellation fee should we be able to request the return of the package from our delivery service.

6. FAULTY PRODUCT RETURNS

6.1 Our commitment is to provide you with products of the highest standard and quality. If you receive a product with a defect, please contact us as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. For our assessment, you may need to provide images of the damage, defect, or fault, along with additional information.

6.2 If the product is confirmed to have a defect, we will either replace or repair it (if repair is reasonably possible) or refund the product's price to your original payment method. In the case of a major defect, you can choose between replacement, repair (if repair is reasonably possible), or a refund. If no defect is found, the product is out of warranty, or you lack a remedy under the Australian Consumer Law, we will consult with you on whether to dispose of the product or return it at your expense.

6.3 Fair wear and tear, misuse, failure to follow manufacturers' instructions, abnormal use, or a lack of reasonable care do not constitute a defect in our reasonable opinion.

6.4 Given the nature of products in our Photoshoot Attires, some items may be sold with imperfections and existing wear and tear. Any such details mentioned on the product page will not be considered a defect.

7. CHANGE OF MIND RETURNS

7.1 In addition to your rights in relation to faulty products in clause 6, and subject to the restrictions set out in 7.2, you can return any product:

(a) as long as the return is initiated in your Account and the return is placed in the post within 5 days from the date the item(s) was received. (or longer promotional return period, if applicable);

(b) unworn and unused and in a saleable condition with the original tags still attached; (unless the item is part of the Photoshoot Attires, in which case it needs to be returned in the condition it was sold);

(c) in the original packaging, which must be in the original condition, including sealed boxes, shoe boxes and

(d) it has not been specifically excluded from the change of mind returns policy, such as ‘Final Sale’ items and items excluded for hygiene reasons.  The exclusion will be noted on the relevant product page on our Site and / or at checkout.

7.2 Please note that products sealed for hygiene reasons (e.g.  jewellery, watches, swimwear, hair accessories, beauty, and grooming products) can only be returned under change of mind returns policy if the seal is intact excluding underwear and earrings (which cannot be returned, unless deemed faulty, or if you otherwise have a remedy under the Australian Consumer Law).  Beauty products cannot be returned if they are opened and/ or used (unless faulty).

7.3 To ensure these returns are assessed and processed swiftly, contact our customer service at pink@secretpink.com.au for assistance with your return with the return reason and provide details of the fault.

7.4 Upon receiving and inspection of your return, we will contact you about next steps.  Once determined the return is in compliance with clause 7.1, we will either:

(a) refund the price of the product returned to your original payment method;

(b) provide you with a store credit worth 100% of the price of the product returned; if you have used store credit for the full price, we will only reinstate the original amount of store credit. Or

(c) exchange the product for another size, subject to availability.

7.5 We will not refund any Delivery Fees that you have paid at purchase to have the product shipped to you, or the cost of any packaging you provide to send the items back to us.  If the return, in our reasonable opinion, is not in compliance with clause 7.1, we will contact you to ship the product back to you and you will be liable for the shipping costs both to and from us.

7.6 We offer a flexible change of mind returns policy to streamline your shopping experience.   We monitor return rate frequency and value for fraud, abuse and general security purposes. In the event of elevated return frequency and values, we are entitled to close or block access to your Account or deny you from making future orders.

7.7 Nothing in this clause is intended to exclude any rights in clause 7 or any of your statutory rights as a consumer under the Australian Consumer Law.

7.8 While we understand that on occasion incorrect items, including items from other companies and/or your personal items, may be returned to us by mistake, we are not responsible for these items and accept no Liability if we’re unable to locate them. If we are able to locate them and you want the items returned to you, we reserve the right to return them to you at your cost.

8. CHANGE OF ADDRESS

The shipping address for your order is shown in the checkout and on your order confirmation and shipping confirmation emails. In the event that an incorrect address was entered, address changes can only make until the order begins processing. SecretPink cannot accommodate all address change requests. We highly recommend contact our customer service at pink@secretpink.com.au for assistance as soon as possible, but we cannot guarantee instant responses to email enquiries. SecretPink takes no responsibility for orders shipped to an incorrect or invalid address and is not liable for any loss associated.

9. TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, secretpink.com.au shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. secretpink.com.au shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, secretpink.com.au shall immediately issue a credit to your credit card account in the amount of the charge.

10. LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties.  You acknowledge that secretpink.com.au is not responsible for the operation of or content located on or through any such site.

11. VOUCHERS, GIFT CARDS, STORE CREDIT AND PROMO CODES

11.1 You may use vouchers/promo codes as payment for certain products on the Site.  Vouchers are available electronically, Promo codes are available onsite or through marketing partners. Only one voucher or promo code can be used per Order.  We may email vouchers and electronic gift cards to you or to your selected recipient.  We accept no Liability for errors in the email address provided to us.  You are responsible for the use and safety of your vouchers and gift cards - you should treat them like cash.  We assume no Liability for the loss, theft or to the extent permitted by law illegibility of vouchers or gift cards, including if gift cards used without your permission, if your email is hacked or subject to unauthorised used. We monitor the issuance and redemption of vouchers or gift cards. In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of the suspicion of other illegal activities in connection with the issuance or redemption of vouchers or gift cards, we may close or block access to your Account and/or require a different means of payment.  We may block gift cards if notified by law enforcement that gift cards have been fraudulently obtained.

11.2 Conditions for the redemption of vouchers/promo codes include:

(a) From time to time we may release vouchers/promo codes that may be used on the Site.  Vouchers/promo codes are valid only for the specified period stated on them and can only be redeemed in accordance with any special Terms stated on them - such as a minimum spend requirements, validity periods and brand, product or sale exclusions.  Only one voucher/promo code can be used per Order, and some vouchers/promo codes may only be used once per voucher/promo code.  Vouchers/promo codes cannot be used in addition to another voucher/promotion code.

(b) Certain products may be excluded from voucher/promo code promotions, and unless specifically stated are not applicable to shipping costs. 

(c) Vouchers/promo codes cannot be redeemed for cash or to buy gift cards.  If you place an Order for a product less than the value of a voucher/promo code, no refund or residual credit will be returned to you.  If the credit of a voucher/promo code is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or attempting to rely on any other offer). 

(d) We will apply vouchers/promo codes on a pro-rata basis to voucher-eligible items in order to determine the final price you pay for those items. Where you return an item purchased with a voucher/promo code, we will only refund the final price you paid for that item. 

(e) We actively monitor misuse of vouchers/promo codes and reserve the right to deactivate vouchers/promo codes or block any person that is not using a voucher in accordance with its Terms.

11.3 Conditions for the redemption of gift cards include:

(a) You may purchase gift cards for use on the Site by you or other customers.  Gift cards can be redeemed at the checkout or added to your Account.  Once redeemed, gift cards cannot be transferred.  Gift cards can only be redeemed on the Site in accordance with the special terms stated on them.

(b) Gift card purchases may be subject to security checks from time to time, resulting in longer than usual processing times.  These checks may regretfully affect delivery timeframes but are necessary in order to ensure the security of our gift card program.

(c) Gift cards are valid for 24 months from purchase date.  Any unredeemed balance that remains on the Gift Card after the 24 months will be voided and will not be available for use.

(d) The credit of a gift card does not accrue interest nor can it be redeemed or refunded for cash at any time.  Gift cards cannot be used to buy further gift cards. 

(e) If you place an Order less than the value of the gift card, the residual credit will be stored to your Account and can be used for future purchases, but the residual credit cannot be redeemed for cash.  The residual credit will remain redeemable for 24 months from the date on which the gift card was purchased.  If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment by other means.  You may use as many gift cards as you wish in paying for an Order, and gift cards may be used in conjunction with one voucher/promo code per Order.

11.4 Conditions for using store credit include:

(a) Store credits are applied to the Account registered with the same email address used to place your Order.  Store credits cannot be transferred to other accounts.

(b) We will apply store credit on a pro-rata basis across all items in an Order.

(c) We will automatically apply store credits against future purchases before asking you for additional payments.

(d) Store credit is valid for 12 months.  Any balance that remains after the 12 months will be voided and will not be available for use.

(e) Store credit does not accrue interest, nor can it be redeemed or refunded for cash at any time.  If you accept store credit for a cancellation or return, and then purchase further items with that store credit, you will only be able to accept store credit for the subsequent cancellation or return of those items - you will not be able to refund or return those further items for cash. 

11.5 If you cancel or return items purchased using a gift card or store credit:

(a)  the refund value of an item is the final price you paid for that item; and

(b)  you are only entitled to receive ‘cash’ refunds for the portion of the total Order price you paid for using ‘cash’, and store credit only for the portion paid for using gift cards or store credits (on an item basis).  For example, where total Order price is paid:

(i) entirely by gift cards or store credits - refunds are offered as store credit only;

(ii) entirely by ‘cash’ - refunds offered as 100% store credit or ‘cash’ (at your election).

11.6 If you cancel or return only certain items purchased in bundle deals or multi-buy promotions, any items you don’t return will be charged at full price, and the refund amount will be reduced accordingly.

12. SPECIFIC PROMOTIONS

12.1 Promotion Terms: From time to time, Secret Pink may introduce promotions on our Site, which are governed by both these Terms and any additional, promotion-specific terms incorporated into these Terms by reference. These promotion-specific terms may encompass conditions related to selected styles, brands, colours, collections, purchase periods, purchase methods, minimum spend requirements, bundle discounts, partner promotions, games of chance, or games of skill. Details of these promotion-specific terms will be presented below.

12.2 Reading and Acceptance: It is crucial that you carefully read and understand the specific conditions that apply to each promotion. By proceeding with a purchase, you explicitly agree and accept the terms outlined in the applicable promotion(s). Your compliance with these terms is a prerequisite for participating in and benefiting from the promotions offered.

12.3 Joint Promotions with Third Party Partners: Secret Pink may engage in joint promotions with third-party partners on occasion. For a comprehensive understanding of the specific terms governing such joint promotions, it is recommended that you refer to the terms provided by those programs. These terms will furnish you with full details regarding the nature and conditions of specific joint promotions.

12.4. The provisions outlined in these promotion-specific terms are integral parts of the overall Terms and Conditions of Secret Pink. It is advised that you familiarize yourself with these terms to ensure a clear understanding of your rights and responsibilities in relation to the promotions offered.

13. USER GENERATED CONTENT 

13.1 Content Sharing Campaigns: At Secret Pink, we value the creativity and uniqueness of our customers. Periodically, we may initiate campaigns encouraging our customers to share their own content ("Content") on social media platforms using specific hashtags (#) relevant to ongoing campaigns.

13.2 Terms of Content Sharing: By responding to our posts and incorporating the designated hashtag, you acknowledge and agree to the following:

(a) Compliance with the terms and conditions of the platform used to create the Content;

(b) Ownership of all rights pertaining to the Content or obtaining appropriate rights and consents from individuals featured in the Content;

(c) Agreement for the potential feature of your Content and social media handle across our social media platforms and Site;

(d) Permission for Secret Pink to enhance, adapt, crop, or modify the Content to a reasonable extent;

(e) Sole responsibility for the Content, with an understanding that Secret Pink is not liable for any third-party demands related to the use of the Content.

13.3 Revocation of Permission: You have the option to revoke permission for us to use your Content at any time. Simply send a request to pink@secretpink.com.au, and upon receipt, we commit to removing your Content from our online platforms as soon as reasonably practicable and removed to the extent technically practicable.

13.4 Community Standards Compliance: All customers engaging with our community, including interactions with Customer Services, must adhere to our community standards (outlined below). Suspected breaches of these guidelines or any of these Terms may result in the blocking of your Account.

Note: Your participation in Content-sharing campaigns contributes to creating a vibrant and supportive community. We appreciate your understanding and collaboration in maintaining a positive online environment.

14. DISCLAIMER AND LIABILITY

14.1 Comprehensive Limitation of Liability: This clause takes precedence over all other clauses, serving as the overarching statement of our entire Liability and the exclusive remedies available to you. It covers the performance, non-performance, purported performance, or delay in performance of these Terms, a Contract, or the Site.

14.2 Statutory Rights and Non-excludable Liabilities: (a) Nothing in these Terms excludes or limits your statutory rights as a consumer. (b) Our Liability is not excluded or limited for:

• Fraud
• Death or personal injury caused by our Breach of Duty.
• Breach of obligations implied or guaranteed by law, including consumer guarantees under the Australian Consumer Law.
• Any other Liability that cannot be excluded or limited by applicable law.

14.3 Duty of Reasonable Care and Skill: In fulfilling obligations under these Terms, our duty is limited to exercising reasonable care and skill.

14.4 Specific Exclusions of Liability:

(a) Accuracy of Information: We do not warrant the accuracy, completeness, fitness for purpose, or legality of any information accessed using the Site.

(b) Transmission of Material: We exclude all Liability for the transmission or reception of any material through the Site.

(c) Informed Purchasing Decisions: You should not rely solely on information accessed through the Site for purchasing decisions. Conduct your own inquiries before making decisions.

(d) Product Suitability: It is your responsibility to ensure products are suitable for your purposes and meet your requirements. Products are standard and not bespoke.

(e) Product Usage: Products should be used in accordance with instructions; however, instructions may not substitute professional advice. Check product ingredients, especially for known allergies. In case of adverse reactions, discontinue use and seek medical assistance.

(f) Breach of Duty: Liability for Breach of Duty is excluded unless arising under these Terms.

(g) Limitation of Damages: In no event shall we, our affiliates, related entities, employees, directors, agents, or suppliers be liable for certain specified losses or damages arising from the Site, the supply of goods or services, or these Terms, to the extent permitted by law (including the Australian Consumer Law). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you.  You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

Note: This disclaimer and liability section outlines the extent of our responsibility and exclusions. It is essential to read and understand these provisions before using our Site or engaging in transactions with Secret Pink.

15. INDEMNITY

You agree to indemnify and hold harmless Secret Pink Pty Ltd (ABN 23 664 527 584), its related entities, affiliates, and their respective officers, agents, and employees, from any and all claims, demands, proceedings, losses, and damages (actual, special, and consequential) of every kind and nature. This includes known and unknown claims, along with reasonable legal fees, brought by any third party due to or arising out of:

15.1 Breach of These Terms: Claims arising from any violation or breach of these Terms and Conditions.

15.2 Breach of Law: Claims resulting from any violation or breach of applicable laws.

15.3 Rights of Third Parties: Claims arising from the infringement of the rights of any third party.

This indemnity provision encompasses all liabilities, losses, and legal expenses incurred as a result of your actions or omissions. Your obligation to indemnify Secret Pink extends to all costs associated with defending against such claims.

16. PRIVACY POLICY AND COMMUNICATIONS

By providing us with your email address or mobile phone number, you may choose to receive electronic communications, including news, promotions, wishlist reminders, bag reminders, and updates on the status of returns and refunds. Additionally, we may communicate with you electronically as outlined in the Privacy Policy. Your consent to receive specific communications may be inferred from the use of certain functional aspects of our service.

17. DISPUTE RESOLUTION

In the event of any dispute arising under these Terms, the parties agree to engage in good-faith negotiations to resolve the dispute. Disputes should be initially lodged with the Customer Service team.

18. GENERAL

18.1 Entire Agreement: These Terms constitute the entire agreement between you and us, superseding and excluding any prior Terms published on this Site.

18.2 Assignment: You may not assign, delegate, or otherwise deal with all or any of your rights or obligations under these Terms. We reserve the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.

18.3 Force Majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including but not limited to a pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident, or any damage caused by any such events.

18.4 No Waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall release, discharge, or otherwise affect your liability under these Terms.

18.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and delivered by email supplied by you to us, or to us at our registered office.

18.6 Third-Party Rights: All provisions of these Terms apply equally to and are for the benefit of Secret Pink Pty Ltd, its subsidiaries, any holding companies of Secret Pink Pty Ltd, its (or their) affiliates, and its (or their) third-party content providers and licensors. Each shall have the right to assert and enforce such provisions directly or on its own behalf.

18.7 Survival: The provisions of clauses that are expressed to survive their expiry or termination or are contemplated to survive such from their nature or context.

18.8 Severability: If any provision of these Terms is held to be unlawful, invalid, or unenforceable, that provision shall be deemed severed, and the validity and enforceability of the remaining provisions of these Terms shall not be affected.

18.9 Governing Law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of Victoria, and both parties hereby submit to the exclusive jurisdiction of the courts of Victoria.

19. DEFINITIONS AND INTERPRETATION

19.1 Definitions
In this document, terms are defined either (i) in the body of this document above, or (ii) as set out below, unless the contrary intention appears:

Australian Consumer Law: Refers to Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws.

Breach of Duty: Refers to the breach of any:

(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or

(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);

Liability: Refers to liability in or for Breach of Duty, misrepresentation, restitution, or any other cause of action whatsoever relating to or arising under or in connection with these Terms. This includes, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms. (For the purposes of this definition, all references to these Terms shall be deemed to include any collateral contract); and

“Secret Pink”, "we", "our", "us": Refers to Secret Pink Pty Ltd (ABN 23 664 527 584) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.

19.2 Interpretation

(a) Headings: For ease of reference only and shall not affect the interpretation or construction of these Terms.

(b) Words Imparting the Singular: Shall include the plural and vice versa. Words imparting a gender shall include every gender, and references to persons shall include an individual, company, corporation, firm, or partnership.

(c) Words Denoting Persons: Include natural persons, partnerships, limited liability partnerships, bodies corporate, and unincorporated associations of persons.

(d) References to Includes or Including or Like Words or Expressions: Shall mean without limitation.