Terms & Conditions

Your Acceptance Of Terms

If you do not agree with any of these Terms and Conditions please do not use this Site, because by using this Site you will be deemed to have irrevocably agreed to these terms.

Areas of this Site within the proprietary online service offered by Unite Clothing Company may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace these Terms and Conditions regarding any use of this Site, unless otherwise expressly stated.

Please note that these Terms and Conditions may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms and Conditions, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These Terms and Conditions were last updated on 01 November, 2012.

How To Contact Us

This Site is controlled and operated by Unite Clothing Company (”Unite”), P.O. BOX 2138, Byron Bay, NSW 2481, Australia. Please forward any complaints to info@uniteclothingco.com. Please forward any questions or general correspondence to info@uniteclothingco.com.

Your Registration

To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. If we at Unite believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.

Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms and Conditions (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

Trademarks And Copyrights

This Site and all materials incorporated by Unite Clothing Company on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Unite Clothing Company™, the Link™ logo, and other images incorporated by Unite Clothing Company on this Site are also protected as registered or unregistered trademarks, trade names and / or service marks owned by Unite Clothing Company or others (“Trademarks”). Unite respects the intellectual property rights of others and asks users of this Site to do the same.

Your Use Of Material

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms and Conditions. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms and Conditions may be a violation of the Copyrights and / or Trademarks and is prohibited.

You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorised by Unite. Any authorisation to copy Material granted by Unite in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and / or to copy or create other products based (in whole or in part) on such software, is prohibited.

Disclaimer Of Warranties

Your use of this site is at your own risk. uniteclothingco.com and all the materials, information, software, facilities, services and other content in uniteclothingco.com are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Unite disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Unite does not warrant that the functions contained in this site will be available, uninterrupted or error-free, that defects will be corrected, or that Unite’s websites or the servers that make them available are free of viruses or other harmful components. Unite does not warrant or make any representations regarding the use or the results of the use of the materials, information, software, facilities, services or other content in uniteclothingco.com or any sites linked to uniteclothingco.com in terms of their correctness, accuracy, reliability, or otherwise. Unite makes no warranties that your use of the materials, information, software, facilities, services or other content in uniteclothingco.com will not infringe the rights of others and Unite assumes no liability or responsibility for errors or omissions in materials, information, software, facilities, services or other content of uniteclothingco.com. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.

Limitation Of Liability

Unite does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, uniteclothingco.com or the materials, information, software, facilities, services or other content on uniteclothingco.com, regardless of the basis upon which liability is claimed and even if Unite has been advised of the possibility of such loss or damage. Without limitation, you (and not Unite) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

Submissions, Postings And Emails

Unite is interested in hearing from you. It is, however, our policy that we will not accept or consider unsolicited submissions of concepts, stories, or other potential content. Therefore, please do not send Unite any unsolicited submissions.

From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), since they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms and Conditions will apply in full to any Invited Submissions you make. In any event, any material you send to us will not be treated as confidential.

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognise that storing, distributing or transmitting unlawful material could expose you to criminal and / or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Unite) or privately transmitted on or through this Site are the sole responsibility of the sender, not Unite, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.

We at Unite require that you do not post emails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:

(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; (b) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;  (c) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;  (d) violates any law or may be considered to violate any law;  (e) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);  (f) advocates or promotes illegal activity;  (g) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;  (h) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and / or soliciting goods or services) except as specifically authorized on this Site;  (i) solicits funds, advertisers or sponsors;  (j) includes programs which contain viruses, worms and / or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;  (k) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;  (l) copies any other pages or images on this Site except with appropriate authority;  (m) includes MP3 format files;  (n) amounts to a ‘pyramid’ or similar scheme;  (o) amounts to ‘data warehousing’’ (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;  (p) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or  (q) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by Unite anywhere on this Site (e.g., on any web space made available for your use).

System Abuse

Without limitation, you agree not to send, create or reply to so called ‘mailbombs’ (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in ‘spamming’ (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

Product Availability

Although availability may be indicated, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship a product, or products, which have substantially similar functionality and specifications to the products ordered or cancel your order.

Colours

We have made every effort to display as accurately as possible the colours of our products that appear on uniteclothingco.com. However, since the colours you see depend on your computer monitor settings, we cannot guarantee that any colour will be 100% accurate to the actual product.

Security

Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). Unite shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Unite considers insecure, Unite will be entitled to require this to be changed and / or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and / or accounts. The use or distributions of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Unite reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Investigations

Unite reserves the right to investigate suspected violations of these Terms and Conditions, including without limitation any violation arising from any submission, posting or emails you make or send to any Forum. Unite may seek to gather information from the user who is suspected of violating these Terms and Conditions, and from any other user. Unite may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Unite believes, in its sole discretion, that a violation of these Terms and Conditions has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Unite will fully cooperate with any law enforcement authorities or court order requesting or directing Unite to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions.

By accepting this agreement you waive and hold harmless Unite from any claims resulting from any action taken by Unite during or as a result of its investigations and / or from any action taken by Unite during or as a result of its investigations and / or from any actions taken as a consequence of investigations by either Unite or law enforcement authorities.

Service

In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and / or other access devices).

Unite, reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and / or any software, facilities and services on this Site, with or without notice, and / or to establish general guidelines and limitations on their use.

Local Regulations

Unite makes no representation that Materials or other content in the Site are appropriate or available for use outside of Australia, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from Australia or the country you reside in.

Indemnity

You agree to indemnify and hold harmless Unite and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and / or from your placement or transmission of any content onto Unite’s servers, and / or from any and all use of your account.

Our Use Of Content

Unite will consider anything you provide to Unite and / or contribute to this Site as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see ‘Submissions, Postings and Emails’ above), in which event those Additional Terms will determine how we will treat your Invited Submissions.

Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site and / or providing any communication or material to Unite (“User Content”), you automatically and irrevocably: (a) grant and assign to Unite any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and / or other exploitation by Unite and / or by any person authorised by Unite, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Unite as your agent with full power to enter into any document and / or do any act Unite may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms and Conditions; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Unite shall not be liable for any use or disclosure of such User Content.

Third Party Sites

This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Unite, and you acknowledge that (whether or not such sites are affiliated in any way with Unite) Unite is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Unite or any association with its operators.

Unite cannot ensure that you will be satisfied with any products or services that you purchase from any third party site that links to or from Unite since other store channels are owned and operated by independent retailers. Unite does not endorse any of the merchandise, nor has Unite taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites. Unite does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

Proprietary Online Services

Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

Jurisdictional Issues

The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in Australia, its territories, possessions, and protectorates. The Site is controlled and operated by Unite from its offices within the state of New South Wales, Australia.

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the state of New South Wales, as they are applied to agreements entered into and to be performed entirely within New South Wales. Any action you, any third party or Unite may bring to enforce these Terms and Conditions or, in connection with any matters related to the Site shall be brought only in either the State or Federal Courts located in New South Wales and you expressly consent to the jurisdiction of said courts.

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

Claims Of Infringement

If you believe that any content appearing on this Site infringes your copyright rights, we at Unite want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below.

(a) your name, address, telephone number, and email address;

(b) a description of the copyrighted work that you claim has been infringed;

(d) a statement by you that you have a good faith belief that the disputed use has not been authorised by you, your agent, or the law;

(e) your electronic or physical signature or the electronic or physical signature of the person authorised to act on your behalf; and

(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorised to act on the copyright owner’s behalf.

UNITE CLOTHING COMPANY
P.O. BOX 2138
BYRON BAY NSW 2481
AUSTRALIA