Terms & Conditions
The website www.everlastboxing.com.au (Site) is owned by DESIGNWORKS CLOTHING COMPANY Pty Limited ABN 35 117 343 807 (EVERLAST AUSTRALIA).
Words in these terms that are spelt with initial capitalised letters have particular meanings in these terms which are set out either before or after the words where they first appear. If you do not agree to the following terms you must cease use of the Site.
LAWS AND ENTIRE AGREEMENT
The terms on this Site replace all previous representations, arrangements, understandings and agreements between you and Everlast Australia relating to its subject matter and contain the entire agreement between you and Everlast Australia relating to that subject matter.
The content available on the Site is provided on an "as is" basis. Everlast Australia does not represent that the information contained in the Site is accurate, comprehensive, verified, complete or error free. Everlast Australia will attempt to keep the content on the Site up to date.
The content on the Site is liable to change at any time.
Everlast Australia does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Site or any linked website.
WARNING: All fight sports are contact sports. Any contact sport can be dangerous and result in serious injury. When training or competing, be sure you are in good physical condition and under expert supervision. This equipment will provide limited protection but will not protect you against serious injury. Anyone using this equipment must assume the risk of any injury.
The inclusion of a link to another website does not imply that Everlast Australia endorses the linked website, and use of any such link is at your own risk. Everlast Australia does not accept any responsibility or liability for any claims arising out of your use of any such link or of the content on any such website.
The copyright in the content on the Site is owned or licensed to Everlast Australia. All rights are reserved.
Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Australia) or similar legislation which applies in your location, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or
(b) commercialise any information, products or services obtained from any part of the Site unless expressly authorised in writing by Everlast Australia.
Everlast™, the Econ device™, and Greatness is Within™ are trademarks of Everlast World’s Boxing Headquarters Corporation and used under licence by Everlast Australia. All rights are reserved. You must not copy or use those trademarks, unless expressly authorised in writing by Everlast Australia.
SHOP ONLINE TERMS OF TRADE
By listing Products for sale on the Site Everlast Australia is inviting you to do business with Everlast Australia but is not offering to supply any particular Product.
Any order placed by you in the manner described in this Site is an offer by you to purchase a particular Product for the price (including the delivery and other charges) specified on this Site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the Product ordered unless you ask Everlast Australia to cancel that order, and Everlast Australia sends you written confirmation of the cancellation prior to the Product being dispatched to you.
Everlast Australia may change the prices published on this Site at any time. While every effort has been made to ensure the accuracy of prices and information displayed on the Site, Everlast Australia reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any Product, an error in the price of the Product description posted on this Site, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from within Australia and New Zealand. Within Australia and New Zealand, our policies as to delivery and returns are set out on this Site under the heading Shipping Information and Returns & Exchanges.
PRICE AND PAYMENT
For each online order, you must pay:
• the applicable price expressed in Australian dollars and are inclusive of Australian Goods and Services Tax for the relevant Product as confirmed by Everlast Australia; and
• the delivery fee and other charges specified on the Site in Australian dollars at that time.
From time to time Everlast Australia may distribute promo codes that may be used for orders on the Site. Promo codes can be applied to your order at the time of checkout on the Shopping Bag page in the field "Promo Code". The Shopping Bag will then be updated to reflect new pricing or conditions applicable to the promotion. The terms and conditions for each promotion can vary so please be sure to check all the details from the promotional material.
Everlast Australia takes no responsibility for customers not being aware of relevant promo codes that may apply to a particular purchase. Promo Codes must be redeemed at the time of purchase and for each order. You must pay the new applicable price. It is not possible to apply promo codes once an order has been placed.
EVERLAST AUSTRALIA LIABILITY TO YOU
The only warranties, conditions or other terms that are binding on Everlast Australia are those expressly stated on this Site. To the extent permitted by law, any term concerning the Products or any service that Everlast Australia provides to You which might otherwise be implied into or incorporated into these terms for the purchase and supply of Product, whether by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is excluded.
If a Product does not comply with an applicable consumer guarantee set out in Division 1 of Part 3-2 of the Australian Consumer Law. (Consumer Guarantee), you have rights and remedies under the Australian Consumer Law. Nothing on this Site excludes, restricts or modifies the operation of, or any right or remedy that you might have under, any applicable Consumer Guarantee and the Australian Consumer Law (ACL).
Subject to the previous paragraph:
• Everlast Australia will not be liable to you for any loss if caused by a delay in Everlast Australia fulfilling or any failure to fulfil or otherwise discharge any of its obligations under the terms on this Site, if the delay or failure is caused by anything beyond Everlast Australia reasonable control;
• Everlast Australia will not be liable to you for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, and
• Everlast Australia maximum aggregate liability to you whether in contract, tort (including negligence) or otherwise will not exceed the amount payable by you to Everlast Australia in respect of the Product or Products for which the liability arises.
EVERLAST AUSTRALIA INSTA GALLERY
Everlast Australia Pty Limited invites you to share your photos by uploading them online at www.everlastboxing.com.au
How to submit photographs to our gallery
If you would like to submit photographs for possible inclusion in our gallery, hash-tag your photos (e.g. of you in your Everlast Australia garment), using #EVERLASTAUSTRALIA, your images will be considered for inclusion in the gallery:
OR upload your photos directly to our Insta Gallery page: www.everlastboxing.com.au
Copyright and use of photos
1. We acknowledge that you retain ownership of copyright in any photo you have taken, but you consent to Everlast Australia (or a related company of Everlast Australia) and Get Candid (our third party photo sharing software provider) using and reproducing your photo and likeness (and any names provided) in our gallery.
2. Your photo may then be stored in our gallery database for as long as we choose to store it. We may, but are not obliged to display/ use/ reproduce or maintain your photo on our websites or in other materials (electronic or hard copy) from time to time and for such duration as we choose. You agree that your photo may be seen by a wide range of people.
3. If we display or otherwise use your photo we may do so in whole or in part and are not required to identify you, remunerate you or consult you in relation to such use.
4. We will not use your photo in any defamatory, degrading or offensive way.
Rules about photos
5. By tagging a photo in the way described above you agree and acknowledge that:
(a) you are/ will be the individual pictured in your photograph or you have the consent of all others individuals depicted;
(b) you are aged 18 years or over or have parental consent to provide photos in the way described in these terms;
(c) your photos must not contain or depict anything vulgar, profane, pornographic, racist, sexist, discriminatory, obscene, defamatory, degrading, unsavoury, illegal, harassing? or offensive or that breaches or violates any person’s privacy, intellectual property or other rights; and
(d) you will indemnify us in respect of any loss or damage that we suffer as a result of any breach by you of these terms and conditions.
6. If you wish to remove one of your photos from our Insta gallery, you may request us to do so by emailing your request for removal at email@example.com with a link to the page the image is featured on, also accompanied with a screen grab of the image.