1. Operation and Website Use
The Website is owned and operated by Pacific Brands Group (“We”, “Our” or “Us”). These terms and conditions govern Your use of pacificbrands.com.au (the “Website"). By accessing, using, browsing, registering with or contributing to this website and any other area of our website where you can post submissions or reviews or ask questions, you agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. If you do not agree to these terms in their entirety, you must not use this website.
While We have made every effort to ensure that information is free from error, We do not accept any responsibility for any errors or omissions in the information on the Website.
We do not guarantee that the Website or Third Party Websites will be free from viruses, or that access to the Website or Third Party Websites wiall be uninterrupted.
2. Variation in terms and conditions
These are the current terms and conditions. They replace any other terms and conditions for the Website published on the Website to date. We may at any time vary the terms and conditions by publishing the varied terms and conditions on the Website.
You are responsible for informing yourself of any changes to these terms and conditions. You accept that by accessing and using the Website after any variation of the terms and conditions, You are deemed to have agreed to comply with the varied terms and conditions.
3. Our Products
Material on the Website may contain general information about Our products. Unless expressly stated otherwise, this information:
(a) does not constitute an offer or inducement to enter into a legally binding contract; and
(b) does not form part of the terms and conditions for the sale of Our products.
4. Copyright and Trade Marks
The Website and all material provided on the Website is owned or licensed by Us, including the "look" and "feel" of the Website, the colour combinations, layout and all graphical elements.
Except where necessary for viewing the material on this Website on Your browser, or as permitted under the Copyright Act 1968 or other applicable laws or these terms and conditions, nothing on the Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without Our prior written consent.
Various trade marks displayed on the Website (whether registered or otherwise), including BERLEI, BONDS, CAN’T TEAR ’EM, DUNLOP, DUNLOP FLOORING, GROSBY, HOLEPROOF EXPLORER, HARD YAKKA, HOLEPROOF HEROES, HESTIA, HOLEPROOF, KAYSER, KING GEE, JULIUS MARLOW, MOOKS, NNT, PLATINUM, POP BY SHERIDAN, RAZZAMATAZZ, RIO, SHERIDAN, SLAZENGER, STUBBIES, STYLECORP, TONTINE, VOLLEY, VOODOO and WICKED are owned by Us.
We also hold a licence to use a range of other trade marks including CLARKS, EVERLAST, HUSH PUPPIES, JOCKEY, MOSSIMO and SUPERDRY.
Other product and company names mentioned on this Website may be the trade marks of other people or entities. The trade marks displayed on this Website must not be used or reproduced without the prior permission of the relevant owner. If you are an authorised reseller of Pacific Brands’ products and would like to request permission to use photography or other content from this website for business purposes, please contact the customer service team for that brand.
If You believe You own the copyright in any work and that work is displayed on the Website without Your permission, please contact Us and the matter will be investigated.
5. Third Party Websites and Links
The Website may contain links to Third Party Websites. We are not responsible for the condition or content of those sites as they are not under Our control. Except as expressly stated, we do not endorse, or approve of the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites.
Subject to any applicable law which cannot be excluded, We make no warranties or representations:
(a) regarding the quality, accuracy, merchantability or fitness for purpose of material, products or services available through Third Party Websites; or
(b) that material appearing on Third Party Websites does not infringe the intellectual property rights of any person. We are not authorising the reproduction of material appearing on Third Party Websites by linking the Website to Third Party Websites. When You follow a link on the Website, material at a Third Party Website may be displayed in Your browser framed by the Website.
This material is third party material for the purpose of these terms and conditions.
Please contact Us if You would like to link to the Website.
6. Virus Warning
All care is taken to ensure that this website and data transmissions are free from viruses. However We cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is Your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on the Website, and You release Us entirely of all responsibility for any consequences of its use.
The information contained on the Website is provided by Us in good faith. To the best of Our knowledge, the information is accurate and current. However, the Website and its contents are provided to you on "as is" basis. The Website may contain errors, faults and inaccuracies and may not be complete and current. We and our related bodies corporate, and their directors, officers, employees, and agents ("Our Associates") make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
Subject to clause 8, You hereby agree to indemnify and hold Us free from any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Your use of the Website and/or Your breach of these terms and conditions.
8. Limitation of Liability
Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Us or Our Associates in connection with goods or services supplied to you will, at Our election, be limited to:
(a) in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
(b) in relation to services, the supply of the services again or the payment of the cost of having the services supplied again.
The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded. Subject to any non-excludable liability (including under consumer laws), We will not otherwise be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on your behalf, through this website.
These terms and conditions are to be governed by and construed in accordance with the laws of the State of Victoria, Australia and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia and any Courts which may hear appeals from those Courts.
The Website may be accessed from Australia or overseas. We make no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.
Only you and We shall be entitled to enforce these website terms. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless We agree. No third party shall be entitled to enforce any of these website terms, whether by virtue of legislation or otherwise.
A disclosure, Submission or offer of any Submissions and Your agreement to these terms and conditions shall constitute an assignment to Us of any intellectual property rights in the disclosure or Submission. Whenever You make use of a feature that allows You to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any of Our related third party websites or pages, You must comply with the content standards set out below (including the spirit of those standards) and with these terms. Any third-party advertising on Our pages of third party social networking sites are not the responsibility of, or endorsed by, Us. All rights, including copyright on Our pages are owned by or licensed to Us. Any use of any of Our social networking pages or their contents, including copying or storing them in whole or in part, other than for Your own personal, non-commercial use, is prohibited without the permission of Us. All worldwide rights reserved.
Any material You upload to the Website will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose Your identity to any third party who is claiming that any material posted or uploaded by You to Our site or any of Our related third party social networking sites or pages constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other user of Our website. We have the right (but no obligation) to remove any Submissions You make on Our website if, in Our opinion, such Submission does not comply with the content standards set out below (including the spirit of those standards).
RULES FOR SUBMISSIONS
1. Please be polite and only write in English.
2. You confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property rights of others.
3. If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
4. Submissions should not include:
a) profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
b) comments about other reviewers or bloggers>br /> c) remarks making criminal accusations, or false, defamatory or misleading statements
d) material which impersonates others
e) spam or advertising
f) third party brand names or trade marks
g) personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
h) HTML code, computer script or website URLs
i) availability, price or alternative ordering or delivery information
j) information about PBUG’s suppliers or manufacturers
5. We, in our absolute discretion, reserve the right to:
a) not publish the Submission or remove it
b) take any appropriate action if deemed necessary
c) remove reviews which relate to seasonal products which are no longer in season
Please let Us know if You see any Submissions which do not comply with Our rules.
12. Electronic Communications
You consent to receive communications from Us electronically and agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
These terms and conditions (and the agreement constituted by Your use of the Website) and Your access to the Website may be terminated at any time by Us without notice.
All licences granted by You and all Our disclaimers and limitations of liability in these terms and conditions will survive termination, however, You will no longer be authorised to access the Website.