(a) In these terms and conditions (the Terms and Conditions), "we", "our" or "us" means Salco Group.
(b) Please read the Terms and Conditions carefully as they apply to your use of the internet site www.abelardshirts.com.au (the Site). By using the Site you agree to be bound by the Terms and Conditions including those revisions referred to in (c).
(c) We may revise the Terms and Conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
(d) Your use of some parts or features of the Site may be governed by additional terms and conditions. Where this is the case you will be notified accordingly, and those additional terms and conditions:
(i) will apply to your use of such parts or features of the Site in addition to these terms and conditions; and
(ii) will prevail over the Terms and Conditions to the extent of any inconsistency.
2. Intellectual Property Rights
(a) You acknowledge that the Content on the Site is subject to copyright, trade mark and possibly other intellectual property rights. In these Terms and Conditions, "Content" means anything that you may see, read, hear, upload, download or access on or via the Site (including but not limited to messages, files, data, software, images, artwork, graphics, design, photographs, illustrations, text, music, songs, videos, tags and other materials or subject-matter on the Site).
(b) Unless you are expressly authorised by us, or otherwise by law, you must not do any of the following yourself, or permit or authorise any other person to:
(i) sell, reproduce, publish, distribute, communicate to the public (e.g. by making available online or electronically transmitting) modify, display, perform in public, prepare derivative works based on or make an adaptation of, repost or otherwise use any of the Content (or any readily identifiable portion of the Content) in any way without our prior written consent; or
(ii) otherwise infringe the intellectual property rights of any person in using the Site or any Content.
(c) Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or license to you any intellectual property rights unless this is expressly stated.
(d) You agree that Salco owns the copyright and trade marks in the marketing logo "Abelard Est. 1922", the domain name(s) abelardshirts.com.au. Salco Group reserves all rights in relation to the Salco Group Trade Marks. You agree not to use any of the Salco Group Trade Marks without our prior written consent. All other trade marks appearing on our Site are the property of their respective owners.
3. Content of the Site
(a) We attempt to keep the Content of the Site up to date. However, we do not warrant the accuracy or currency of the Content.
(b) You acknowledge that the Content on the Site is subject to change at any time.
(c) Some of the Content on the Site, including articles, sponsorships and promotions, constitute paid advertising (Sponsored Content). This means that Salco Group may have received a payment or other benefit in return for publishing or disseminating the Sponsored Content on the Site. Salco Group does not verify, endorse or otherwise approve Sponsored Content.
(d) The views which are expressed by members of the public who have uploaded Content to the Site are not our views and we accept no liability in respect of any Content posted on the Site by third parties, nor are we responsible for its content or accuracy. Any reliance you place on Content posted on the Site is at your own risk.
4. Your Use of the Site
(a) You must not:
(i) use the Site without the authority and supervision of a parent or guardian, if you have not reached the age of majority under any Applicable Law;
(ii) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
(iii) reproduce any Content from our Site without our express written permission, which we may withhold or grant (on terms acceptable to us), in our absolute discretion;
(iv) violate any applicable law relating to your use of the Site; or
(v) use or disseminate personal data or private information about other users of the Site.
(b) In these Terms and Conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
(i) any law, rule or regulation of any country (or political sub-division of a country);
(ii) any obligation under any licence in any country (or political sub-division of a country); and
(iii) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
5. Links, Downloads, Plug-ins, Features and Advertisements
(a) We have not reviewed all of the websites, downloads, plug-ins, features or advertisements linked to the Site and are not responsible for the content or accuracy of any such off-Site materials, including any websites linked to the Site through advertisements or search engines (collectively, Third Party Material). The linking of our Site to any Third Party Material does not imply that we endorse the linked material, and you use the links at your own risk. We do not accept any responsibility or liability for any claims, losses, costs, expenses or damages of any kind (including legal fees) arising out of your use of these links or of the descriptions or information supplied there.
(b) You agree that you will not misuse any downloadable Content included on the Site, including but not limited to, reproducing, adapting, communicating the Content to the public, including the Content on another website or making misleading or false representations about the Content, unless expressly authorised by Salco Group.
(c) Your correspondence or dealings with, or participation in promotions or business of, advertisers on the Site are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.
You agree to indemnify and hold Salco Group and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim against us arising out of Content you submit, post, transmit or otherwise make available through the Site, your use of the Site, your connection to the Site, your breach of these Terms and Conditions, or your violation of any rights of another, including all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such a claim.
Our cookies will not allow us to obtain information of a personal nature that will identify you to us, such as your name and address. We will only be aware of such information if you provide the information to us, or you have set the preferences in your browser to provide this information automatically.
Details of the cookies we use on the Site are as follows:
(i) cookies that are essential in order to enable you to move around the Site and use its features;
(ii) cookies that collect information about how visitors use the Site, for instance which pages visitors go to most often. All information these cookies collect is aggregated and therefore anonymous.
By using this Site, you agree that we can place these types of cookies on your device.
Your web browser may allow some control of most cookies through your browser settings. To find out more about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. Please note that you may delete and block all cookies used by this Site, but if you do so parts of the site may not work.
10. Security of Information
Unfortunately no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly any information which you transmit to us is transmitted at your own risk, however once we receive your transmission, we will take reasonable steps to preserve the security of such information.
11. Use of the Site Is At Your Own Risk - Disclaimer of Liability
(a) Your use of the Site is at your own risk. You must not rely on any statement published on or linked to the Site without first making your own enquiries to verify the information.
(b) We exclude all warranties and liability to the fullest extent permissible under any Applicable Law. If a jurisdiction does not allow the exclusion of implied warranties or liability but does allow limitation to a certain maximum extent, then we limit our warranties and liability to that extent.
(c) To the extent permitted by law, all information on or linked to on the Site is provided "as is" and "as available" without any warranty or representation regarding condition, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, safety, quality, freedom from defects or non-infringement.
(d) To the extent permitted by law, we do not accept any responsibility or liability for:
(i) any statement in the material on or linked to the Site; or
(ii) any direct, indirect, incidental or consequential loss related to or arising from your doing, or not doing, anything as a result of using (or being unable to use) the Site and its Content. This includes any claims, losses, costs, expenses or damages of any kind whatsoever (including legal fees) incurred by you or by any third party, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
(e) To the extent we cannot exclude all liability, our aggregate liability to you arising in relation to your use of the Site or the Content (whether arising from breach of these Terms, in negligence or any other common law or statutory cause of action) is limited to the following, the choice of which is at our sole discretion:
(i) In the case of goods any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired; or
(ii) in the case of services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
12. General Provisions
(a) If any part of the Terms and Conditions is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(b) The Terms and Conditions, and the use of the Site and any contents thereof, are in all respects governed by and according to the laws of the State of Victoria, Australia. By using the Site, you irrevocably agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia, for the resolution of any dispute of any kind whatsoever, including without limitation any dispute arising out of the interpretation or application of the Terms and Conditions, or your use of the Site or any material contained therein, or accessed thereby.