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Terms & Conditions

Promotions

We will, from time-to-time, make available to you offers & discounts in the form of a Promo Code or Special Pricing related to your Account with us. These are subject to the terms & conditions communicated to you when the offer is made available. Please note, promo codes are redeemable on full price baskets only and are not valid on discounted items or baskets that include a discounted style.

Terms and Conditions – WIN A Nautica Competition workout set

General

The Promoter is True Alliance Brands Pty Ltd (ABN 80 098 979 803) of 19 O’Riordan Street, Alexandria, NSW 2020. Telephone number 02 8306 3300 and New Zealand business address True Alliance (NZ) Ltd Unit T, 63 Hugo Johnston Drive, Penrose 1021, Auckland.

  1. Information on how to enter and prizes forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.

  1. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.

  1. Instagram membership and the use of Instagram generally are subject to the Instagram prevailing terms and conditions of use available at http://instagram.com/legal/terms/. The promotion is in no way sponsored, endorsed or administered by Instagram, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, the Promoter, Instagram and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram. 

  1. All Instagram accounts must be public in order for the Promoter to communicate with them and notify if they’re winners for the promotional period and the judging period. If they are not they will not be considered for judging.

  1. Entry is open to all residents of NSW, only, over the age of 18 except employees and immediate families of the Promoter and their associated companies and agencies and participating outlets. Immediate family means any of the following: spouse, ex-spouse, defacto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or 1st cousin.

Who can enter

  1. Entrants under 18 years of age must obtain the prior permission of their parent or legal guardian in order to be able to enter. The Promoter may require any such entrant’s parent or legal guardian to sign a release at the Promoter’s discretion in which the parent or legal guardianaccepts responsibility for the acts and forbearances of the winner. The release will include the parent or legal guardian’s full name, address and telephone number. Failure to agree to the release and provide these details  will invalidate the winner’s entitlement to the prize, subject to State and Territory legislation.  If the competition winner is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian.

  1. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

When to enter

  1. The competition commences on 21/09/2021 at 6pm AEST and concludes on 30/9/2021 at 11.59pm AEST.  Entries must be received by the Promoter prior to the competition close date and time.

  1. The Promoter accepts no responsibility for any late, lost or misdirected entries including SMS messages not received by the Promoter or delays in the delivery of the SMS message due to technical disruptions, network congestion or for any other reason. SMS entries via the internet or computer generation and not attributable to a valid mobile phone account is invalid and will not be accepted.

How to enter

  1. Entrants may enter the competition by:

  • Liking the “WIN this Nautica Competition workout set… ” competition Instagram post from @Nauticaaus, tagging one friend in the comment section of the post and following @Nauticaaus by 11.59pm AEST on 30/09/2021.

  1. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Conditions of Entry.  For the purposes of these content requirements, “entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion. Entries must be the entrant’s original work.  The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work.  If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid.  The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry.  An entrant’s entry must not include:

  1. any image or voice of any other person without that person’s express consent.  Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;

  1. any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and

  1. any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so.  If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it.  By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Conditions of Entry.

The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

  1. Any entry that is made on behalf of an entrant by a third party will be invalid, unless the entrant requires the assistance of a third party to enter due to a disability.

  1. The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes, but not limited, to entrants and households using multiple email addresses, postal addresses, PO Box addresses or SIM cards to register single or multiple purchases.

Number of Entries permitted

  1. Entrants may enter as many times as they like. Only one prize will be awarded per person

Draw and Notification of winner

  1. The winners will be the first two names submitted in accordance with these terms and conditions that is drawn by random selection by True Alliance Brands Pty Ltd at 11:00am AEST on 04/10/2021 at 19 O’Riordan Street, Alexandria, NSW 2015, Australia.

  1. If any particular draw is scheduled on a public holiday, the draw will be conducted on the following business day.

  1. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion.

  1. The winner/s will be notified by Direct Message on Instragram before 11am 6/10/2021. Winners will also be announced in comment on theInstagram competion post.

  1. Prizes will be awarded to person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder). 

  1. Should an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

  1. Subject to State Regulation, an unclaimed prize draw will take place True Alliance Brands Pty Ltd at 11:00am AEST on 04/01/2022 at 19 O’Riordan Street, Alexandria, NSW 2015, Australia. The winner of the unclaimed prize draw will be the first entrant drawn by random selection in accordance with these terms and conditions. The winner of the unclaimed prize draw will be notified by Instagram private message within two days of that draw.

Prize on offer

  1. Individual prize value is up to $349.85 (including GST).  Total prize pool value is up to $689.65 (including GST) as at 17/09/2021.  2 winners will receive 1 pack of wither of the below:

Pack 1:

NAN7E00373940     $59.95

NAN7E00370011     $149.95

NAN7E00371011     $69.95

NAN7E00374940     $59.95

Pack 2:

NAN7E00448402     $69.95

NAN7E00447402     $79.95

NAN7E00348402     $199.95

If product specified is no longer available at time of prize claim or winners required sizes are not available a replacement style will be agreed by Nautica Australia and the winner.

  1. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.

  1. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.

  1. Prizes cannot be transferred, exchanged or redeemed for cash.

  1. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.  It is the responsibility of the winner to confirm such conditions with the prize supplier or other relevant third parties.

  1. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion
  2. All entrants agree that if they win the prize, they will not, and their companions will not, sell or otherwise provide their story and/or photographs to any media or other organisation, including the internet. Photographs will be allowed only at the discretion of the Promoter.

Further Terms and Conditions

  1. Subject to complying with all relevant State and Territory legislation, the Promoter  reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of the competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.

  1. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.

  1. If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.

  1. Entrants are responsible for any cost associated with accessing the promotional website .  Access to that site is dependent on the Internet service provider.

  1. If an entrant uses any form of software or third party application to enter multiple times (including scripting software), organises for a third party to enter on their behalf in breach of these terms and conditions or enters using incorrect contact details, his or her entry will be deemed invalid. If such an entrant wins a prize, the entrant must immediately return the prize to the Promoter.  The Promoter has sole discretion to determine whether an entrant has breached this clause. The Promoter reserves the right to request whatever documentation it deems necessary to confirm whether an entrant has breached this clause. Entrants must provide whatever documents the Promoter requires upon request.

  1. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.

  1. The Promoter will make reasonable efforts to deliver prizes to the addresses provided by competition entrants. If a prize is returned to the Promoter because it could not be delievered to the address provided, the Promoter cannot guarantee that it will be able to resend the prize to theprize winner.  The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.

  1. The Promoter reserves the right to redraw the prize if an entrant who claims to be a prize winner is unable to satisfy these terms and conditions.

Copyright, Statutory guarantees, Waiver and liability

  1. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with News Life Media or News Limited or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.

  1. Each entrant hereby assigns to the Promoter all right, title and interest in and to all copyright and all moral rights in any material created or otherise submitted to the Promoter in connection with that entrant’s entry or participation in any aspect of the prize (Works). Each entrant warrants that the Promoter is free to use the Works (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all) and to exercise its rights in relation thereto and neither the entrant nor any third party will be entitled to any fee for such use.

  1. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.

  1. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified.  However, the remainder of this clause will apply to the fullest extent permitted by law and the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.

  1. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

  1. Instagram membership and the use of Instagram generally are subject to the Instagram prevailing terms and conditions of use available at http://instagram.com/legal/terms/. The promotion is in no way sponsored, endorsed or administered by Instagram, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, the Promoter, Instagram and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram. 

  1. All Instagram accounts must be public in order for the Promoter to communicate with them and notify if they’re winners for the promotional period and the judging period. If they are not they will not be considered for judging.

  1. All entries become the property of the Promoter. The Promoter collects personal information about you for the purposes of conducting this promotion.  Any disclosure of such information will be made as required by law and in accordance with these terms and conditions but no further use of this information will be made without prior consent.

  1. All entries become the property of The Promoter. All opt-in entries will be entered into a database and The Promoter may use the entrant’s names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact The Promoter on their details set out below. Any request to update, modify or delete the entrant’s details should be directed to The Promoter.

  1. The Promoter collects information about you, including for example your name and contact details which you provide when registering or using our services as well as information from other sources.  We collect and use that information to provide you with our goods and services and to promote and improve our goods and services. We may share your information with our related companies and any of us may be in contact for those purposes (including by email and SMS).  We may also use your information as described when we collect information from you. If you do not provide us with requested information we may not be able to provide you with the goods and services you require.  We disclose your information to our related companies, service and content providers, including those located outside Australia.  Where you have entered a competition, we may disclose your personal information to authorities if you are a prize winner or otherwise as required by law. The Promoter’s privacy policy can be viewed https://nautica.com.au/Privacy_Policy.html .  To request access to, or to update, personal information the Promoter holds about them, entrants can contact the office of the Promoter on info@nautica.com.au .

Sale - Up to 50% discount applied to original retail price. Prices as marked. Selected Nautica Competition styles and The Vintage Collection are not included in offer. Offer available for a limited time only at www.nautica.com.au. Cannot be used in conjunction with any other offer.

Registration Code - In order to redeem 10% off your first online order, you must be a registered customer of Nautica. The single use promotional code is not valid on sale or discounted items and cannot be used in conjunction with any other offer. All offers and promotions are at Nautica's sole discretion and are subject to variation or withdrawal without notice. Offer valid for 30 days.  

Birthday Code - Valid online for 30 days, for one use only. Reward must be redeemed in one transaction. User must be registered and signed in to redeem offer. Order value must be greater than $10. Cannot be used in conjunction with any other offer.

Refer a Friend Code – Enjoy 10% off your online order. The single use promotional code is not valid on sale or discounted items and cannot be used in conjunction with any other offer. Valid online for 30 days from receipt of code.

Power Reviews - Only one promo code will be issued per order for any successful product review shown on nautica.com.au. Offer valid online for one use only. Excludes sale items. Cannot be used in conjunction with any other offer.

Outlet Welcome Offer - In order to redeem 10% off your next in-store purchase you must be a registered customer of a Nautica Outlet. Email confirming in-store registration must be presented in-store at time purchase. Discount cannot be redeemed on day of in-store sign up. Single use promotional code deducts an additional 10% from total retail purchase. All offers and promotions are at Nautica's sole discretion and are subject to variation or withdrawal without notice.

Online Exclusives - Online Exclusive styles are exclusive at nautica.com.au for a limited time only and whilst stocks last.

Unidays Offer - Enter Unidays' personalised code at cart to enjoy 15% off the order. Offer valid for single use online at nautica.com.au for a limited time only. Excludes sale items and the Anchor Collection. Cannot be used in conjunction with any other offer.

Outlet Offer - Buy one and receive a second item of equal or lesser value free. Offer available in-store at Nautica Homebush for a limited time only. See staff for details.

Apple Pay Code - 20% discount applied when code APPLEPAY is entered at checkout. Offer available for a limited time only at www.nautica.com.au. Selected styles only, exclusions apply. Cannot be used in conjunction with any other offer.

 

About this website

These Website Terms of Use apply to the website owned and operated by True Alliance Brands under the domain name www.nautica.com.au (the Website).

Your use of the information, graphics, text, software and materials (Content) on the Website is governed by these Terms of Use. If you do not agree with these Terms of Use you should cease using the Website.

The Website is operated in Australia and references to currency are in Australian dollars unless otherwise specified.

 

Information available at the Website

Unless expressly stated otherwise, the Content does not:

  • Constitute an offer or inducement to enter into a legally binding contract; or
  • Form part of the terms and conditions for our products and services.

While we strive to ensure that the Content on the Website is correct, we cannot guarantee that all of the Content is completely error-free. Please let us know if you notice any errors and we will seek to correct them. If you purchase goods that do not match the description we gave you, Your Consumer Rights (see below) may entitle you to a refund or repair or replacement of the goods.

Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.

 

Orders

By placing any order for goods in the manner described on the Website, you make an offer to purchase the goods for the price specified on that Website at the time you place the order (Offer). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the goods, an error in the price or the goods description posted on the Website, or an error in your Offer.

We are unable to make changes to your order once it has been placed.

If you’ve made a mistake with your order, you are welcome to return it to us once it has arrived for a refund. We offer free returns, within the terms of our Returns Policy.

If you’ve made a mistake with your address, please contact Customer Service. We will make every effort with Australia Post to retrieve your order and update the address details. We can launch an investigation with Australia Post once the items are missing for more than 5 business days.

Please note that all orders purchased using Afterpay, Zip Pay and Paypal can only be returned for a refund via our online returns process that can be found www.nautica.com.au/page/return-policy. Orders made with AfterPay, Zip Pay and Paypal cannot be exchanged in-store and must be returned online for a refund.

 

Security

We use the ANZ Secure Gateway™ service for the secure processing of credit card transactions. We do not store or have access to your credit card details - they are transmitted directly to ANZ Secure Gateway™ using SSL 3.0 encryption.

If you are considering sending us any other personal information through nautica.com.au or other electronic means, please be aware that the information may be insecure in transit, particularly where no encryption is used (e.g. email, standard HTTP). We are subject to laws requiring us to protect the security of personal information once it comes into our possession. 

 

Availability of the Website

While we use reasonable care and skill to ensure the Website is free from defects and harmful code, Internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software.

In relation to any device which you use to access the Website, we recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for all devices you use to access the Website.

 

Your conduct

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website.

If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.

You agree that you will not, (either yourself or through any third party):

  • Use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through the Website;
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website;
  • Take any action that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website; or
  • Transmit, distribute, introduce or otherwise make available in any manner through the Website any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses");
  • Use the Websites in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or other information about other users of the Website; or
  • Use any data mining, robots, or similar data gathering and extracting tools in connection with the Website.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

 

Your Content

We may permit you to place Content on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication). By submitting Content for potential inclusion in the Website, you grant to us an irrevocable, perpetual, royalty-free, non-exclusive, worldwide licence to do the following with respect to the Content:

  • Use, reproduce, modify, sublicence, redistribute, adapt, transmit, publish, broadcast and display the Content and create derivative works from the Content; and
  • Sublicence any of those rights to third parties.

You acknowledge that Content that you send to, or attempt to include in the Website, may not reach or be correctly displayed on that Website for a variety of reasons including but not limited to mechanical, software, computer, telecommunications or electronic failure.

You must not send any Content or links for inclusion on the Website which in any way whatsoever:

  • Is fraudulent, misleading or deceptive (including impersonating another person or misrepresenting a connection with another person or entity);
  • Infringes any third party’s copyright, patent, trade mark, trade secret or other intellectual property rights or proprietary rights or rights of publicity or privacy;
  • Violates any law, statue or regulation, or constitutes, or encourages conduct that would constitute a criminal offence (including prohibitions on spam messages);
  • Is defamatory, libellous, unlawfully threatening or unlawfully harassing;
  • Is harmful, threatening, abusive, hateful, offensive, discriminatory, defamatory, obscene, vulgar, pornographic, profane or indecent;
  • Promotes, directly or indirectly, the use or supply of tobacco products or promotes pharmaceutical therapeutic goods not approved for sale in Australia;
  • Impinges on any other user’s use or enjoyment of the Website;
  • Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • Contains any ‘prohibited content’ or ‘potential prohibited content’ within the meaning of Schedule 5 of the Broadcasting Services Act 1992 (Cth).

Any Content that you send to, or attempt to include in the Website may be made publicly available to all users of the Website, and may be indexed and cached by search engines. We may or may not monitor and review user Content.

 

Links

The Website may contain links to third party websites. Our inclusion of these links is not intended to indicate that we sponsor or endorse the operators or Content of linked websites.

 

Your Consumer Rights

You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by this Agreement (Your Consumer Rights). In Australia, Your Consumer Rights include that goods will be of acceptable quality and match their description and that services will be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

 

Termination and suspension

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

 

Limitation of Liability

Nothing in these Terms of Use is intended to exclude, restrict or modify Your Consumer Rights. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, where lawful we limit our liability to doing any one or more of the following (at our election):

  • Resupplying goods or services to you or supplying equivalent goods;
  • Repairing the goods; or
  • Paying to have the goods or services resupplied or goods repaired.

You must notify us without delay of any loss you suffer in connection with this Website or the Content and take all other reasonable steps to minimise your loss.

Subject to Your Consumer Rights, we are not liable:

  • For any loss that was not reasonably foreseeable to you and us at the time you first used this Website;
  • For any business-related loss including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity;
  • To the extent that your loss was contributed to by your negligence or breach or any other matter outside our reasonable control (e.g. industrial action or third party equipment, networks, viruses or malware); and
  • Any loss to the extent contributed to by your negligence or breach.

 

Copyright and trade marks

Copyright in the Content on this Website is owned or licensed by us, unless indicated otherwise. Except where necessary for viewing the Content on this website or your browser, or as permitted despite these Terms of Use under the Copyright Act 1968 (Cth) or other applicable laws, no Content on this 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 the prior written consent of us or our licensor(s) (as appropriate).

Trade marks used on this Website are owned by us or third parties. You must not use trade marks on this Website except as authorised by the owner or by law. Nothing contained on any of the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade marks without our written permission or the written permission of the third party owner.

 

Children

Access to and use of the Website is made available only to people who can form legally binding agreements under applicable law. The Website is intended for a general audience and is not intended to be used by minor children. Children accessing the Website should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Websites, you will be solely responsible for: (i) the online conduct of the Minor; (ii) monitoring the Minor's access to and use of the Website; and (iii) the consequences of any use of the Website by the Minor.

 

Changes to these Terms of Use

We may at any time vary the ongoing Terms of Use by publishing the varied Terms of Use on the Website. You accept that by doing this, we have provided you with sufficient notice of the variation. Use of the Website and the Content at any time is governed by the current Terms of Use on the Website at that time.

 

Jurisdiction

The law applicable to the Website and to disputes arising out of the Website is the law of the State of New South Wales, Australia.

True Alliance Brands Pty Ltd ABN 80 098 979 803
Last updated – 03/02/2016