Terms & Conditions
BRAND COLLECTIVE WEBSITE (http://www.brandcollective.com.au)
1, TERMS AND CONDITIONS FOR THE USE OF THIS WEBSITE
These terms and conditions govern the use of http://www.brandcollective.com.au (“this website”).
2. ACKNOWLEDGMENT AND ACCEPTANCE
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.
3. COPYRIGHT AND TRADE MARKS
Copyright in this website and its content is owned or licensed by Brand Collective Pty Ltd (ABN 34 098 742 628) (“Brand Collective”). 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. To the best of Brand Collective’s knowledge, the information is accurate and current. 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.
Brand Collective and its related bodies corporate, and their directors, officers, employees, or agents (“Brand Collective Associates”) make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
5. LIMITATION OF LIABILITY
Subject to any non-excludable liability implied by legislation, any liability of Brand Collective or Brand Collective’s Associates in connection with goods or services supplied to you will, at the election of Brand Collective, be limited to:
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
In relation to services, the supply of the services again or the payment of the cost of having the services supplied again.
Subject to non-excludable liability (including under consumer laws), in all other respects, Brand Collective will not 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 behalf of you, through this website.
6. 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.
If you disable cookies on your web browser, you may not be able to fully experience all features of this website.
8. THIRD PARTY SITES
This site may contain links to third party sites. Brand Collective is not responsible for the condition or content of those sites as they are not under Brand Collective’s 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 does not permit any linkages to this site without prior permission.
9. USER SUBMISSIONS
By accessing, browsing, using, registering or contributing to any area of this website where you can post submissions or reviews or ask questions you confirm that you have read, understood and agree to the following terms. If you do not agree to these terms in their entirety, you must not use this website.
10. OWNERSHIP OF SUBMISSIONS
11. SOCIAL NETWORKING SITES
12. INTELLECTUAL PROPERTY RIGHTS
A disclosure, submission or offer of any submissions and your agreement to these terms and conditions shall constitute an assignment to Brand Collective of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make submissions on any Brand Collective related third party website or page, you must comply with the content standards set out below and these terms. Any third-party advertising on Brand Collective pages of third party social networking sites are not the responsibility of, or endorsed by, Brand Collective. All rights, including copyright on Brand Collective pages are owned by or licensed to Brand Collective. Any use of any Brand Collective 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 Brand Collective. All worldwide rights reserved.
13. CONFIDENTIALITY OF SUBMISSIONS
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(s). 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.
14. RULES FOR SUBMISSIONS
Please be polite and only write in English.
You confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property of others.
If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
Submissions should not include:
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.
comments about other reviewers or bloggers.
remarks that repeat criminal accusations, false, defamatory or misleading statements.
material which impersonates others.
spam or advertising, third party brand names or trade marks.
personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers.
HTML code, computer script or website URLs.
availability, price or alternative ordering or delivery information.
information about Brand Collective’s suppliers or manufacturers.
Brand Collective, in its absolute discretion, reserves the right to:
not publish the Submission or remove it.
take any appropriate action if deemed necessary.
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.
15. HARMFUL MATERIAL NOT TO BE UPLOADED TO THIS WEBSITE
You must not use upload to the Brand Collective website or any Brand Collective related third party website any material which would do harm to that website. This includes but is not limited to malware, viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or any other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
16. NO WAIVER
A failure or delay by Brand Collective to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that or any other power or right. The exercise of a power or right by Brand Collective does not preclude its future exercise or the exercise of any other power or right.
17. APPLICABLE LAW
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 makes 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.
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
“Gift Card” means an electronic gift card through the acquisition of which you or a recipient may make non-cash payments for goods from Brand Collective Pty Ltd (ABN 34 098 742 628) (“Brand Collective”).
These terms and conditions apply to all Gift Cards issued by Brand Collective, including Clarks, Elwood, Elka Collective, Grosby, Hush Puppies, Julius Marlow, Mossimo, Shoes & Sox, Shoe Warehouse, Superdry, Volley and any other branded Gift Card issued by Brand Collective.
Gift Cards are only valid if issued by Brand Collective and may only be used for purchase of goods within the relevant Brand Collective channel. For example, Clarks Gift Cards may only be used for purchase from Clarks stores, including the Clarks online store. Gift Cards cannot be used to purchase Brand Collective goods from third parties, such as department stores (including Shoes & Sox concession stores in Myer) or independent traders.
Please note that Superdry and Elka Collective Gift Cards may only be redeemed instore and not online.
A maximum of $500 (including GST) will be uploaded to any individual Gift Card. You may redeem multiple Gift Cards in one transaction, provided the combined value of the Gift Cards is no greater than $2,000 (including GST).
Please treat your Gift Card like cash. There will be no replacement or refund of the value of a Gift Card or redemption code which is damaged, lost or stolen. Gift Cards are redeemable for goods only and not cash.
Gift Cards expire three years from the date of issue. Any unused amount after the expiry date of the Gift Card will not be refunded or credited to you.