Voodoo Website – Terms and Conditions

These terms and conditions govern the use of Voodoo.com.au (Website).

Acknowledgement and acceptance

The Website is controlled by Pacific Brands Clothing Pty Ltd (Voodoo). By accessing, using or browsing the 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. Voodoo may amend or update these terms and conditions at any time by posting any changes at this Website, without providing notice to you. These Website Terms and Conditions and our Privacy Policy set out the entire agreement between you and Voodoo and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.

Copyright

This Website and all material provided on the website are owned or licensed by Voodoo, including the “look” and “feel” of the Website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements. Except where necessary for viewing the material on the Website on your browser, or as permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, nothing on the Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Voodoo.

Trademarks

The Website includes registered trade marks, and other trade marks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trade marks is strictly prohibited.

Disclaimer

The information contained on the Website is provided by Voodoo in good faith. To the best of Voodoo’s knowledge, the information is accurate and current. However, the Website and its contents are provided to you on “as is” basis. The Website may contain errors, faults and inaccuracies and may not be complete and current. Voodoo and its related bodies corporate, and their directors, officers, employees, and agents (“Voodoo’s Associates”) make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Voodoo excludes, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).

Limitation of Voodoo’s Liability

Subject to any non-excludable liability (including under consumer laws), and the express provisions of these Terms and Conditions, Voodoo 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, in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through the Website.

To the extent permitted by law, our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

Indemnity

You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.

Virus warning

All care is taken to ensure that the Website and data transmissions are free from viruses. However Voodoo cannot guarantee that any file or program available for download and/or execution from or via the Website 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 the Website, and you release Voodoo entirely of all responsibility for any consequences of its use.

Use of cookies

Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser you may not be able to fully experience all features of the Website.

Third Party Sites

The Website may contain links to third party sites. Voodoo is not responsible for the condition or content of those sites as they are not under Voodoo’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 Voodoo of the sites or the products or services provided on the site. Voodoo does not permit any linkages to the Website without prior permission.

Any third-party advertising on Voodoo’s pages of third party social networking sites are not the responsibility of, or endorsed by, Voodoo. All rights, including copyright in Voodoo’s pages, are owned by or licensed to Voodoo. Any use of any Voodoo’s 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 Voodoo. All worldwide rights reserved.

Electronic Communications

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If located in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.

Security and viruses

Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.

Termination

Voodoo reserves the right to, at its discretion, terminate your access to and use of the Website (1) for convenience, at any time, upon provision of notice to you or (2) immediately if Voodoo reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

TERMS AND CONDITIONS FOR SUBMISSIONS

Ownership of Submissions

Other than personal information which is subject to our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Voodoo on or through the Website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) shall become and remain the property of Voodoo once submitted. You must comply with the content standards for Submissions set out in these Terms and Conditions. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines. You warrant that you have the right to grant to Voodoo the rights set out in these Terms and Conditions in respect of your Submissions.

Social Networking Sites

These Terms and Conditions also govern any Submissions you make on any Voodoo related third party website or page such as our Facebook page, Twitter, YouTube or other social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Voodoo or its employees and Voodoo is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these Terms and Conditions and the third party social networking sites terms of use, as applicable.

Intellectual Property Rights in Submissions

A disclosure, Submission or offer of any Submissions and your agreement to these Terms and Conditions shall constitute an assignment to Voodoo of any intellectual property rights in the disclosure or Submission. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any Voodoo’s related third party website or page, you must comply with the content standards set out below (including the spirit of those standards) and with these Terms and Conditions.

Confidentiality

Any material you upload to the 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 the Website or any Voodoo’s related third party social networking site or page constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. 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 the Website. We have the right (but no obligation) to remove any Submissions you make on the Website if, in our opinion, such Submission does not comply with the content standards set out below (including the spirit of those standards).

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 rights 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:

Please let us know if you see any Submissions which do not comply with our rules.

General

These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia, Victoria Registry) and waive any right to object to any proceedings being brought in those courts.

The Website may be accessed from Australia or overseas. Voodoo makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website 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 if and to the extent that they are applicable.

Only you and Voodoo shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.

Voodoo reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Voodoo Online with respect to that Order. If you do not agree to the amended Terms and Conditions, you must immediately cease all use of the Website. Your continued use of the Website, will constitute acceptance of the amended Terms and Conditions.

Voodoo may give notice to you by electronic mail via the details you have provided to us at the Website. You may give notice to us by emailing us here.

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.

A failure or delay by Voodoo to exercise a power or right under, or enforce strict performance with, these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Voodoo does not preclude its future exercise or the exercise of any power or right.

[Version 1, September 2016, © Pacific Brands Clothing Pty Ltd]