Terms and Conditions
INFORMATION ABOUT US
This Site is operated by RetailMotion for your personal use, subject to these Terms.
ACCESSING OUR SITE
Access to our Site is provided on a temporary basis, and we reserve the right to withdraw or amend the services on our Site without notice (see “Site Availability” below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
Any costs associated with accessing the Site is your responsibility and are dependent on the Internet service provider used.
While RetailMotion endeavours to ensure that the Site is available 24 hours a day, RetailMotion shall not be liable if for any reason the Site is unavailable at any time, any reason, or for any period. Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond RetailMotion’s control.
Your access to the Site, your ability to participate in all or certain parts of the Site and/or your registration may be terminated by RetailMotion at any time without notice and without any liability. Any limitations on RetailMotion’s liability will survive such termination.
RetailMotion assumes no responsibility for any technical malfunction, error, omission, interruption, deletion, delay in operation or transmission, communication line failure, virus, bug, tampering, theft or destruction or unauthorised access to the Site, or any injury or damage to any person’s computer related to the use of the Site, or the uploading of material or downloading of any software/material (where permitted) from the Site.
You may use the Site for lawful purposes only. You may not use the Site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that infringes the rights of any other person;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Whilst we take care to ensure the accuracy of all content within our Site, to the extent permitted by law, RetailMotion assumes no legal liability for and does not warrant that the information contained on this Site is accurate or complete, or that the Site pages will be free from errors or that the Site availability will be uninterrupted. This includes all product-related information including but not limited to, product descriptions, product images, product colours, product sizes, product pricing. All such details are correct (and as accurate as possible in the case of product descriptions, images, colours, and sizes) at the time of current display, but are subject to change at any time without communication to you.
RetailMotion may provide interactive services on the Site, including, chat rooms, bulletin boards and blogging facilities.
When you use an interactive service on the Site that allows you to upload material to the Site or to make contact with other Site users, you must comply with the Content Standards (set out below). You warrant that any such contribution made by you complies with those standards and you indemnify RetailMotion for any breach of this warranty. If such services have separate terms and conditions, you must also agree to these terms in order to use the service.
Any material you upload or contribute to our Site will not be considered confidential. You agree that RetailMotion will have the right to use, copy, distribute and disclose to third parties any such material for any purpose without compensation or acknowledgement of its source. RetailMotion also has the right to disclose your identity to any third party who is claiming that material posted or uploaded by you to the Site constitutes a violation of their intellectual property.
RetailMotion will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other users of this Site.
RetailMotion has the right to remove any material or posting you contribute to the Site.
These content standards apply to any and all material which you contribute to the Site and to any interactive services associated with it.
Your contributions must:
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable Australian law.
Your contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trademark of any other person or company;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us if this is not the case; and
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
When a breach of these Content Standards has occurred, RetailMotion may take such action as it deems appropriate, including immediate, temporary or permanent withdrawal of your right to use our Site, the removal of postings or uploaded material without informing you and legal proceedings against you for reimbursement of all of RetailMotion’s costs resulting from your breach.
LINKING TO THE SITE
You may link to our Site provided you do so in a way that is fair and legal and does not damage RetailMotion’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement from RetailMotion.
RetailMotion reserves the right to withdraw linking permission without notice. The website you are linking to must comply with the content standards (set out above).
LINKS FROM THE SITE
RetailMotion is not responsible for the contents of any website operated by a third party which may be accessed via this Site, and RetailMotion does not accept any obligation, gives no assurance, and assumes no liability or responsibility (whether express or implied) in relation to any content on any other website. All links on this Site are provided for your convenience only and do not imply that RetailMotion approves or recommends the content of such websites.
The RetailMotion name, logo, corporate symbols, and trademarks are the sole property of RetailMotion Pty Ltd, and no permission is given in respect of their use. The Site and its contents are protected by international copyright laws and other intellectual property rights. Unless otherwise indicated as between RetailMotion and the user of the Site, RetailMotion and/or its Parent is the owner of the copyright and all other intellectual property rights in the Site and its contents. Save as set out below, no part of the Site may be reproduced, modified, copied, or used for any commercial purpose without the prior written permission of RetailMotion.
You may retrieve and display the content of the Site on a computer screen, or print one copy of such content for your own personal use, provided you keep intact all and any copyright and proprietary notices. Use of the content otherwise than in accordance with these Terms may expose you to claims for infringement of our intellectual property rights of the RetailMotion Group and/or of third parties.
The Site is provided without any warranties or guarantees. To the extent permissible by any applicable law, RetailMotion, its associated companies and their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of this Site, or reliance on the Site, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the Site (whether negligent or not), except that nothing affects any liability of RetailMotion, its associated companies and their officers, directors, employees, shareholders or agents of any of them for death or injury caused by their negligence or any other liability which may not be excluded or limited by law. If RetailMotion is liable for breach of any implied warranty or condition that cannot be excluded, such as the consumer guarantees under the Competition and Consumer Act 2010 (Cth), then RetailMotion’s liability shall be limited to, at RetailMotion’s option, in the case of goods, replacing or repairing the goods, or in the case of services, re-supplying the services, or paying for the costs of re-supplying the services.
Whilst RetailMotion makes reasonable attempts to exclude viruses or other destructive computer codes from the Site, it does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to viruses or such computer code. You should take all appropriate safeguards before using the Site or downloading from the Site.
Any interpretation of the content of this Site, claims or disputes (of whatever nature and not limited to contractual issues) shall be limited to the non-exclusive jurisdiction of the courts of Australia, under the law of the State of NSW.
If any provision of the Terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.
RetailMotion’s failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by RetailMotion in writing.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
At different times RetailMotion may run competitions and promotions on this Site. When said competitions and promotions are conducted, they will be accompanied by a set of Competition or Promotion Terms and Conditions which must be agreed to before entering any competition.
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