Terms & Conditions
Terms & Conditions
Terms and Conditions for the use of this Website
These terms and conditions govern the use of https://www.brandcollective.com.au/ ("this website").
By accessing, using or browsing this website, 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. We may amend or update these terms and conditions at any time by posting any changes at this website, without providing notice to you.
Copyright in this website and its content is owned or licensed by Brand Collective Pty Ltd (ABN 34 098 742 628). You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Except as permitted by the Copyright Act 1968 or other applicable laws, any other use, including any commercial use of the content of this site, is strictly prohibited.
This website also contains registered trademarks and trademarks which are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.
The information contained on this website is provided by Brand Collective in good faith. However, this site and its contents are provided to you on "as is" basis. The site may contain errors, faults and inaccuracies and may not be complete and current. We do not warrant the accuracy, adequacy, reliability or completeness of the content on this website and expressly disclaim liability for defects, errors or omissions in such content.
Brand Collective and its related bodies corporate, and their directors, officers, employees, or agents ("Brand Collective Associates") to the fullest extent permitted by law, disclaim all representations, warranties, conditions and guarantees (whether express or implied) in relation to this website and its content, including under legislation, common law, equity, trade, custom or usage. We do not offer any warranties or make any representations in relation to any third party goods or services described or referred to on this website.
To the maximum extent permitted by law (including without limitation the Australian Consumer Law), Brand Collective is not liable to you or anyone else for any:
· decision, action or inaction taken in reliance on the information in, or connected with, this site;
· losses, costs or damages suffered or incurred by you, including (without limitation) direct or indirect, special, incidental, compensatory, exemplary or consequential damages in connection with this website;
· your use or misuse of this website or any information or material contained in this website;
· the loss or modification of information or material transmitted from this website;
· any defect, technical problem or virus attached to or arising from this website or the server;
· any injury or illness you or any other person sustains as a result of using this website;
· the products displayed being unavailable at any time;
· your inability to access or use the website or any material on the website;
· the loss of confidentiality in any information or material transmitted to or from the website,
except to the extent that Brand Collective's gross negligence or wilful misconduct caused the relevant loss.
To the maximum extent permitted by law (including the Australian Consumer Law), Brand Collective does not make any guarantees or warrant that this website will be available in any place, free of faults or error, free from unauthorised interception or access, or free from blockages, delays, network failure, congestion or interferences.
To the fullest extent permitted by law, we exclude all liability to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising out of or in connection with this website (including any of the content on this website), any links to or from this website or the goods and/or services advertised, referred to on or supplied pursuant to this website.
Consumer guarantees
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy (guarantee) you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified. To the fullest extent permitted by law, our liability for a breach of such a guarantee is limited, at our option, to:
· in the case of goods supplied or offered by us: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; or
· in the case of services supplied or offered by us: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.
Virus Warning
All care is taken to ensure that this website and data transmissions are free from viruses. However, Brand Collective cannot guarantee that any file or program available for download and/or execution from or via this site 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 this site, and you release Brand Collective entirely of all responsibility for any consequences of its use.
Cookies are small pieces of information that your browser stores on your computer hard drive.
We use cookies and similar technologies to provide you with site usage information, to assist us to improve and develop the products and services we offer, and to support analytics and advertising. Some cookies may collect information that could, in combination with other data, constitute personal information under the Privacy Act 1988 (Cth). For details, please refer to our Privacy Policy.
If you disable cookies on your web browser, you may not be able to fully experience all features of this website.
This site may contain links to third party sites. Brand Collective are not responsible for the condition or content of those sites as they are not under Brand Collective' control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Brand Collective of the sites or the products or services provided on the site.
Brand Collective do not permit any linkages to this site without prior permission.
Applicable Law and Overseas Access
These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia and any Courts which may hear appeals from those Courts.
This site may be accessed from Australia or overseas. Brand Collective make no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site 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.
Intellectual Property and Trademarks
Brand Collective is the owner or authorised user of all intellectual property including but not limited to trade marks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to Brand Collective in and associated with this website (collectively “intellectual property”), and any improvements or modifications to such intellectual property. The use or misuse of any of Brand Collective’s intellectual property is prohibited without the prior written permission of Brand Collective Pty Ltd.
Nothing contained in this website should be construed as giving you any right in or licence to any of the intellectual property on or associated with this website.
Any material you upload to our 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 Brand Collective-related third-party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. 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 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.
