TERMS / POLICY
For that reason, these Terms are important and you should read them carefully and contact us with any questions before you use the Site and purchase goods available through the Site. You can contact us on email@example.com.
By registering for, accessing, browsing and/or otherwise using the Site and purchasing the goods available through the Site, You acknowledge that You have read, understood and agree to be bound by these Terms.
1. Use of the Site
a) To use the Site and make an order you must be over eighteen (18) years old.
1.2. Accessing the Site from overseas
a) The Site may be accessed from Australia and certain countries outside Australia. We do not guarantee the Site and the purchase of goods through the Site complies with the laws of a country other than Australia.
b) Should you access the Site from a country other than Australia, you do so at your own risk and you understand that it is your responsibility to ensure that your access and use of the Site and/or purchase of goods through the Site complies with the laws of the country in which you access and use the Site and/or purchase goods through the Site.
2. Licence to use Site
2.1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the Terms.
2.2. You may only access and use the Site for your personal non-commercial use.
3. Prohibited Use
3.1. You must not use the Site for any purpose, unless expressly permitted by the Terms.
3.2. You must not add any content to the Site:
a) unless in accordance with the Terms;
b) unless you hold all necessary rights, licences and consents to do so;
c) that would cause you or Us to breach any law, regulation, rule, code or other legal obligation;
d) that is or that We in Our reasonable opinion consider to be inappropriate, defamatory, offensive, abusive, indecent, illegal and/or disparaging;
e) that would bring Us, or the Site, into disrepute; or
f) that infringes the intellectual property or other rights of any third party.
3.3. You must not modify or copy the layout of the Site and any computer software and code contained in the Site.
4. User Acknowledgements
4.1. You acknowledge and agree that:
a) We reserve the right to change, suspend and discontinue any aspect of the Site at any time;
b) you alone are responsible for any content you add to the Site; and
c) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
5. Intellectual Property Rights
5.1. Unless expressly provided herein, We reserve all intellectual property rights in the Site and nothing in these Terms constitutes a transfer of any intellectual property rights.
5.2. All Our trademarks, trade names and logos used on the Site are owned by Us. You may not use, reproduce, copy, republish, upload, transmit, post or modify Our trademarks in any way without Our prior written consent.
5.3. By posting or adding any content onto the Site (including, without limitation, comments, feedback, ideas or suggestions posted by you through the Site), you grant Us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and you permit Us to authorise any other person to do the same thing.
5.4. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
5.5. The licence in clause 5.4 will survive any termination of these Terms.
5.6. You represent and warrant to Us that you have all necessary rights to grant the licences and consents set out in clauses 5.4 and 5.5.
6. Links to other websites
6.1. The Site may include links to other websites or resources owned and operated by third parties and which are not under Our Control.
6.2. We do not endorse, sponsor or approve any content available on any linked websites and resources and We are not responsible for the material contained on those linked websites or resources.
8. Security of Information
8.1. We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of your Personal Information and any content posted by you on the Site from unauthorised access or use by a third party or misuse, damage or destruction by any person.
8.2. Notwithstanding clause 8.1, We do not warrant and cannot ensure the security of any information which you may provide to Us. Accordingly, any information you provide to Us is provided at Your own risk.
8.3. We recommend you protect your computer system from potential hazards by firewalls, anti-virus software and any other such security applications.
9. Purchase Terms
9.1. Making an order
a) To purchase goods on the Site, you must place an order.
b) Once you make an order, We will email you an acknowledgement confirming receipt of your order. This acknowledgement does not constitute Our acceptance of your order.
c) We reserve the right to ask you to provide additional details or to verify your identity before We process your order.
d) A legally binding contract for the purchase of goods will only arise once your payment has been approved.
e) We are not obliged to accept any order. In the event We reject your order, We will refund you any monies paid.
f) Once you receive confirmation from Us that We have accepted your order, you may not make any changes to or cancel your order. Accordingly, you should ensure your order is accurate before you submit it.
g) Individual orders you place cannot be consolidated and, accordingly, delivery and handling fees will apply to each individual order.
9.2. Registering an account
a) You may place an order in your capacity as a guest or by registering an account with Us. In either case, you will be required to provide personally identifiable information. You must ensure that the personally identifiable information is true, accurate, complete and up to date. We are not liable for any communication that does not reach you due to the inclusion of incorrect details within your account.
b) Should you register an account, you understand that you alone are responsible for all activities that occur under your account and for maintaining the confidentiality and integrity of your account. To this end, you agree you will not disclose your password to any third party and take all reasonable steps to ensure a third party does not gain access to your account.
9.3. Availability of Goods
a) All orders are subject to availability of the goods requested. In the event We are unable to fulfil your order or any part thereof, We will refund you the price paid for the goods that are unavailable.
b) We reserve the right to restrict the number of goods for any one order.
9.4. Product Recalls
a) In the event of a product recall, you must provide Us and, where applicable any third party, such assistance as is required.
9.5. Price and Payment
a) Prices displayed on the Site (including the price of the goods and delivery charges) are in Australian Dollars and, if GST applies, inclusive of GST.
b) Prices for the goods are separate and distinct from delivery and/or handling fees.
c) We reserve the right to change or alter prices without notice to you. Subject to clause 9.6, if you have already submitted an order at a particular price, We will supply your goods at that price.
d) Payment for the goods and any applicable delivery and/or handling fees are required in full on placement of the order.
e) We do not collect or store your debit or credit card information. All debit and credit transactions on the Site occur through a third-party payment gateway (the ‘Processer’). You hereby authorise the Processer to procure payment from your nominated payment method.
f) While all reasonable steps will be taken to protect your debit and/or credit card information, given the nature of the internet We cannot guarantee the security of any such information and, subject to any gross negligence on Our part, We will not be held liable for any loss you suffer as a result of any unauthorised access to your debit and/or credit card information.
g) Once We receive your order, We will perform a standard pre-authorisation check on your credit or debit card and, to that end, you hereby authorise Us to perform this check.
h) Your order will not be dispatched until payment has cleared. In the event payment does not clear, We will cancel your order and notify you accordingly.
i) Payment methods are specified on the Site at the time you play your order.
9.6. Errors and inaccuracies
a) From time to time, the Site may contain incorrect or inaccurate information relating to (amongst other things) the price of goods, product description or availability.
b) We reserve the right to update or correct any incorrect or inaccurate information at any time without notice. We further reserve the right to reject any order that has been placed in reliance on incorrect or inaccurate information.
c) Where your order has been confirmed, and We subsequently become aware that the order (or any part thereof) is affected by an inaccuracy or error with respect to the price, We will notify you as soon as possible of the error and give you the option to purchase the good/s affected by the inaccuracy or error at the correct price or cancel the order. If We do not hear from you within two (2) calendar days, We will cancel your order in full and issue you with a full refund.
9.7. Discount Codes
a) We may offer promotional discount codes to be used on the all or part of the Site.
b) Any offer We make with respect to promotional discount codes will be subject to specific conditions which We will make available at the time of offer.
b) Discount codes may not be used to purchase gift cards online or instore.
a) The costs of delivery are and shipping are stated in Our Shipping and Returns Policy.
b) We do not guarantee the quality of the freight and delivery services of any third-party service providers.
9.9. Risk and Liability
a) Risk of loss or damage to the goods will pass to you on delivery of the goods at your specified delivery address.
9.10. Return of Goods and refunds
a) Goods may only be returned in accordance with Our Return Policy. The Return Policy forms part of these Terms.
b) We will not provide a refund for change of mind.
c) We will process any refunds within a reasonable time.
d) Refunds will be processed on the same method as the original payment was made.
9.11. Consumer Guarantees
a) Nothing in these Terms is intended to exclude, restrict or modify or have the effect of excluding, restricting or modifying any rights you may have under the Australian Consumer Law.
10.1. The Site and all information, content or materials included thereon is provided to you on an ‘as is’ and ‘as available’ basis without guarantees, warranties or representations of any kind, whether express or implied, including, without limitation, warranties as to merchantability, acceptable quality and fitness for any purpose, which, to the fullest extent permitted by law, We hereby expressly disclaim.
10.2. You are solely responsible for the appropriateness of the Site for your intended application and use. We do not warrant that the Site meets your requirements.
10.3. We do not warrant that the Site will be available without interruption or error-free or that the same is free from viruses, bugs and the like that may interfere with the normal operations of your systems.
10.4. While We will take all reasonable care to ensure that the images of goods available for purchase on the Site accurately represents the goods, We do not guarantee that the images are an exact representation of the actual goods.
10.5. To the extent that any applicable law does not permit the disclaimer of warranties, the Site is warranted only to the minimum amount legally required.
11. Exclusions and Limitation of Liability
11.1. We are not liable to You for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the Site and the Terms, except to the extent that such liability may not be lawfully excluded and subject to clause 9.4.
11.2. Notwithstanding the generality of clause 11.1, We expressly exclude liability for special, indirect or consequential damages, which damages will be deemed to include loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.
11.3. Subject to clause 11.4, in the event that any exclusion or other provision contained herein is held to be invalid for any reason and We become liable for loss or damage that could otherwise have been limited, such liability will be limited to the fee paid for the goods and access to the Site.
11.4. The limitation expressed in clause 11.1 does not apply to Our liability for loss suffered or incurred by you in respect of:
a) fraud or other unlawful acts;
b) gross negligence; or
c) liability that cannot be limited or excluded by law, including under the Australian Consumer Law.
12.1. You agree to indemnify and keep Us indemnified against all losses, damages, liabilities, claims and expenses (including legal costs) incurred by Us arising out of or in connection with your use of the Site, your breach of these Terms or your breach of any rights of third parties.
12.2. We reserve the right to assume exclusive control of any matter for which you are required to indemnify Us and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by Us.
a) We reserve the right to terminate Your access to all or any part the Site or your ability to purchase goods through the Site at any time without notice.
13.2. Accrued rights
a) Termination does not affect any the accrued rights or liabilities of either Us or you.
a) All terms that by their nature could reasonable be construed as being intended to survive, continue to apply beyond termination of your access and will continue to apply.
14.1. Contacting Us or making a complaint
If you wish to contact Us or make a complaint, please email us at firstname.lastname@example.org
a) We may, at any time and at our sole discretion, amend, modify or otherwise alter the terms of this Agreement.
b) Any amendments, modifications or alterations to the Terms shall become effective upon the posting thereof.
c) Your continued use of the Site following the posting of amendments, modifications or alterations constitutes your acceptance of the revised terms. It is your responsibility to regularly check the Site to for any amendments, modifications or alterations to the Terms.
a) Should any part of this Agreement be or become invalid, that part shall be severed from this Agreement. Such invalidity shall not affect the invalidity of the remaining provisions of the Agreement.
a) These Terms are governed by and to be construed in accordance with the laws of New South Wales, Australia.
b) You agree that any dispute between Us and you about any matter arising out of or in connection with this Agreement will exclusively be heard by the courts of New South Wales, Australia and/or the Federal Court of Australia sitting in New South Wales, Australia.
Terms and Conditions last updated on 17 May 2021
1.1. The Hold Label (ABN 98 556 886 918) is committed to ensuring your privacy through compliance with the Privacy Act 1988 (Cth)(Privacy Act) and the Australian Privacy Principles (APPs).
1.3. The purpose of this Policy is to outline how we collect and handle personal information in the course of our dealings with you.
1.4. Your privacy is very important to us. For that reason, please read the following details carefully and contact us if you have any questions or queries.
2. What personal information do we collect and how do we collect it?
2.1. Personal information will ordinarily only be collected directly from you when you visit our websites and/or social media pages (collectively, the Sites), through direct face-to-face contact (i.e. when you visit our stores in person), by telephone, by correspondence, through online competitions and attendance at our events.
2.2. Personal information may also be collected about you from a third party, such as one or more of our service providers.
2.3. The type of personal information we collect will depend on the circumstances of its collection and the nature of the dealings you have with us. For example:
a) when you make a purchase in store, we may collect your name, date of birth, contact details (such as email address, phone number and residential address) and your financial and credit card details;
b) when you attend one of our concession stores in person, we or a third party acting on our behalf, may capture your image and/or sound recordings on Closed Circuit Television (CCTV) footage;
c) when you make a purchase online, we may collect your name, gender, date of birth, contact details (such as email address, phone number and residential address) and your financial and credit card details;
d) when you visit any of our Sites using an electronic device, we may collect your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address, standard web log information and cookies from your computer, which tells us when you visit the Sites and may remember your preferences;
e) when you attend an event run by us, we may collect your name and contact details; and
f) when you enter a competition or trade promotion run by us or on our behalf, we may collect your name, contact details and your preferences and opinions about types of products and/or services.
3. Why do we collect your personal information?
3.1. We only collect personal information that is reasonably necessary for one or more of our functions or activities.
3.2. We only collect sensitive information if it is reasonably necessary for our functions or activities, or an exception applies under the PrivacyAct and the individual to whom the information relates has given their express consent to the collection.
3.3. You can choose not to provide us with certain information. However, if you do not provide us with certain types of personal information, we may be unable to provide you with our services, supply you with our products or otherwise transact with you.
4. How do we use your personal information and under what circumstances will it be disclosed?
4.1. We will only use or disclose your personal information for a purpose for which it was collected (or for a secondary purpose if an exception applies), including things such as supplying you with our products and/or services, managing our relationships, performing administrative functions, conducting marketing activities (including direct marketing) and complying with legal requirements.
4.2. Where we use personal information other than for a purpose for which it was collected, we do so in accordance with the Privacy Act and APP 6.
4.3. We may disclose personal information to our professional advisors (including lawyers) and contracted third party service providers and partners, including marketing and advertising agencies and information technology service providers. However, we will never disclose your personal information to an unknown third party, unless you have given your consent to such a disclosure.
4.4. We may disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable us to develop consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and/or services that you receive.
5. To whom do we disclose your personal information?
5.1. We may disclose your personal information for the purposes described in this policy to:a) our related bodies corporate and employees;b) our existing or potential agents, business partners or partners;c) our professional advisers, dealers and agents;d) payment systems operators;e) third party suppliers and service providers;f) anyone to whom our assets or businesses (or any part of them) are transferred;g) our sponsors or promoters of any competition that we conduct via the Sites;h) specific third parties authorised by you to receive information held by us; and/ori) other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.6. Direct Marketing
6.1. We may engage in direct marketing of our products and/or services from time to time.
6.2. We only use personal information for direct marketing in circumstances where we have collected the information directly from the individual and that individual reasonably expects to receive direct marketing material from us (for example, where an individual has signed up to receive direct marketing material from us).
6.3. We offer all individuals the opportunity to unsubscribe from receiving direct marketing communications.
7. Access to and accuracy of personal information
7.1. We take all reasonable steps to ensure that the personal information we collect, use and/or disclose is accurate, complete, up to date and relevant.
7.2. You have the right to ensure that your personal information which is held us is accurate. To make a request to access and/or correct your personal information, please contact The Hold Label using the contact details provided below.
7.3. While we will always endeavour to give access to personal information free of charge, we reserve the right to charge individuals for access to personal information to cover costs associated with:
a) searching for, locating and retrieving personal information and deciding which information to provide to the individual;
b) using an intermediary; and
c) reproducing and sending the information.
7.4. We are entitled to refuse to give access to personal information in certain circumstances. For further information, please contact The Hold Label using the contact details provided below.
8. How secure is your personal information?
8.1. We take all reasonable steps to ensure that information held by us is safe and secure, and that it is protected from misuse, loss, unauthorised access, modification and disclosure.
8.2. While we take all reasonable steps to ensure the security of your personal information, data protection and security measures can never be guaranteed and, accordingly, we cannot guarantee the security of your personal information.
9. Destruction and de-identification of personal information.
We will take reasonable steps to de-identify or destroy personal information when it is no longer needed by us, except where the information forms part of a Commonwealth record or we are required, by law or a court or tribunal order, to retain the information.
10. Anonymity and pseudonymity.
Individuals have the option of dealing anonymously or by pseudonym with us, unless it is impracticable to do so or we are required, by law or a court or tribunal order, to deal with identified individuals.
11. Overseas disclosure of your information
11.1. We may disclose your personal information outside of Australia to entities of the kind listed in paragraph 5 of this Policy.
11.2. By providing your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge APPs 8.1, as outlined in Schedule 1 to the Privacy Act, will not apply to the use of the information.
11.3. You further acknowledge we are not responsible for privacy practices of the overseas entities to whom we may disclose your information and acknowledge we are not required to ensure that overseas recipients handle your personal information in compliance with the Privacy Act and the APPs.
11.4. We will, however, take reasonable steps to ensure that any overseas recipient will deal with your personal information in a way that is consistent with the APPs.
12. Third Party Links
12.1. The Sites may contain links to websites or products operated by third parties.
12.2. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites or products, and have no control over or rights in those linked websites.
12.3. The privacy policies that apply to those other websites may differ substantially from this Policy, so we encourage individuals to read them before using those websites or products.
13. Changes to the Policy
13.1. We reserve the right to amend this Policy from time to time. Changes will be posted on any one or more of the Sites.
13.2. You should regularly check the Sites to see if there have been any recent changes.
14.1. If you believe there has been a breach of the Privacy Act or the APPs, please contact The Hold Label using the details provided below.
14.2. We take privacy complaints very seriously. If you make a complaint, we will respond within five (5) calendar days to advise you of who is responsible for managing your complaint. We will try to resolve your complaint within ten (10) calendar days. When this is not possible, we will contact you within that time to let you know how long we will take to resolve your complaint.
14.3. We will investigate your complaint and, where necessary, consult with third parties about your complaint. We will make a decision about your complaint and write to you to explain your decision.
14.4. Individuals can also complain directly to the Office of the Australian Privacy Commissioner. Details about how to file a complaint can be found at www.oaic.gov.au or by calling 1300 363 992.
All questions or queries about this Policy and complaints should be directed to email@example.com