Website Terms Of Use

Welcome to the ONE299 website, which is provided to you by Australian Defence Apparel Pty Ltd (ACN 006 898 906) (“ONE299”, “we”, “us”, “our”).

Your use of this website is governed by the policies, terms, and conditions (“Terms”) set forth below so please read them carefully.

Your use of this website is also governed by our Privacy Policy. These Terms, together with our Privacy Policy and any other policy in relation to the supply or return of goods that is made available on our website from time to time, form the whole of the agreement between you and ONE299 in respect of your use of the website, including any purchase of goods from ONE299 (“Goods”) made through the website.

Your use of this website indicates your acceptance of these Terms, our Privacy Policy, and any other applicable policy. To the extent of any inconsistency between these Terms and a separate policy in relation to the supply or return of goods published on our website, the policy will have effect. These Terms will supersede any subsequent terms or conditions provided by you or on your behalf to us in connection with a purchase order for Goods (“Order”), whether or not such terms or conditions are signed by ONE299.

ONE299 reserves the right to make changes to this website and the Terms at any time. By Ordering or registering on any of our websites you grant us the right to add your contact details to our database and use them to send Order, shipping, and other product-related emails. From time to time we may contact you about offers and new products. You can easily be removed from our subscriber list by unsubscribing via a link in the email.

YOUR USE OF THIS WEBSITE

 USE

This website is for your personal use unless otherwise approved by ONE299.

You are free to simply browse our website to learn more about us and what we do.  You should carefully consider whether this website and the products we provide are suitable for your needs, and get independent advice if you need it. 

Whether or not you register for an account, you must not (without ONE299’s express permission):

• post or transmit anything to this website or to us, or otherwise use the website in any way, that is misleading, fraudulent or unlawful or is otherwise threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, offensive, obscene, profane or objectionable;

• restrict or stop other users from using or enjoying this website;

• access data or any part of the website that is not intended for you or which you are not authorised to access, or attempt to obtain goods or services to which you are not entitled;

• modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material on this website;

• use or attempt to use any material published on the website to create any website or publication;

• transfer or sell any information, functionality or products or services offered on the website, or represent that you are entitled to do so;

• pretend that you are or represent someone else;

• probe, scan or test a system or network to breach security or authentication measures;

• track or monitor any content, user, or website functionality without our authorisation; or

• impose an unreasonable load on our systems or networks.

If we believe that you have not complied with these Terms or any other agreement with ONE299 at any time, we may immediately cancel any Order, terminate your access to this website, or restrict your use of the website, and you agree that we may do so without prior notice to you and without liability to you or anyone else. 

ACCOUNT MANAGEMENT

If you wish to buy Goods, you must first create an account on our website.

You are responsible for your use of this website, and you must not give your account details to anyone else.  If someone else accesses this website using your account details, then you are also responsible for use of the website by that person.  If you believe your account has been or may be accessed by an unauthorised user, it is your responsibility to update your account details and to notify ONE299 immediately of any potential security breach or fraudulent activity. Although we will not be liable for any loss you suffer as a result of unauthorised use of your account, you will be liable for any loss we suffer.

YOUR CONTENT

Nothing in these Terms affects the ownership of any words, images, or other materials (including company names and logos) that you post or submit to the website, or otherwise provide to us (“Content”), if any.  By providing Content to us, you:

(a) represent that any information comprising the Content is true and correct and acknowledge that ONE299 will rely on that information in entering into any agreement with you;

(b) promise that you own or have the right to use any Content that you submit on or via the website, and that use of your Content on or via the website will not infringe anyone else’s rights; and

(c) you give us a world-wide, non-exclusive perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify and communicate your Content for the purpose of operating the website and the ONE299 business, included providing goods and/or services to you. 

We may edit, modify, delete, remove or take down any Content which we believe (in our sole discretion) is in breach of these Terms, without notice to you and without us incurring any liability.

OUR CONTENT

Everything on this website (excluding your Content) is either owned by us or is licensed to us.  This includes: (i) the design, compilation and look and feel of this website; (ii) all copyright, trademarks, designs and other intellectual property displayed on or incorporated into the website; (iii) all intellectual property rights subsisting in the Goods; and (iv) all other trade marks, logos, business names, or domain names used in connection with the website and our business (unless otherwise stated) (Together, “ONE299 IP”).

Subject to your compliance with these terms, we grant you a non-exclusive, revocable, world-wide, royalty-free licence to access, use, and download the ONE299 IP only for the limited purpose of accessing and using our website, including communicating with us and buying our Goods or services.

You must not copy, reproduce, adapt, transmit or distribute any of our content or use the ONE299 IP in any way not expressly permitted in these Terms (or otherwise allowed by law). All rights in the ONE299 IP are strictly reserved to ONE299 and its licensors and nothing in these Terms creates an assignment in respect of the ONE299 IP.

GENERAL

CHANGE & ACCESS

ONE299 does its best to provide current and accurate information on the website but things sometimes change, and so we may need to update or remove statements and representations made on the website from time to time.

The website will usually be available 24 hours a day, seven days a week.  Sometimes the website may be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give you notice before any planned outages, and keep interruptions to a minimum, but we are not responsible for any delay, loss, or other damage you might suffer as a result of any error or interruption in accessing our website. 

This website uses cookie technology in order to provide information and services to website visitors. Cookies are pieces of information that a website transfers to your computer’s hard disk for record keeping purposes and are a necessary part of facilitating online transactions.  Most web browsers are set to accept cookies.  Cookies are useful to estimate our number of users and determine overall traffic patterns through our website.  If you do not wish to receive any cookies you may set your browser to refuse cookies, however you will not be able to take full advantage of the services available on our website.

You are not allowed, without our prior written consent, to frame, deep link, mirror or retransmit any part of the website or its content, or quote or use whole or parts of the website or its content in a third-party website. If you are interested in linking to our website, please [contact us].

This website may contain links to other websites which are owned by third parties, such as our partners and supporters.  These links are provided solely for your convenience and are not an indication that ONE299 endorses the products or services that are provided by that website.  When accessing third party sites and using those products and services you agree and undertake to do so at your own risk.

OUR LIABILITY TO YOU

We do not promise that the content on this website (or your access to it) will be uninterrupted or error free, that any defects will be corrected, or that the website or content are free of viruses or any other harmful components.  We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to the website or your use of it.  We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.

ONE299 and its related entities will not be liable to you, whether in contract, tort (including negligence) or otherwise for any economic loss, loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as indirect, incidental, special, punitive, consequential or similar damages arising from your use of this website or its content or services, or from the purchase or supply of any Goods.

YOUR LIABILITY TO US

You are liable and solely responsible for:

(a) any Content you submit via the website;

(b) your breach of any person’s intellectual property rights (including those of ONE299 or its manufacturers and suppliers);

(c) your breach of these Terms or any other agreement with us; and

(d) your breach of any applicable law.

You agree to indemnify ONE299 (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (“Indemnified Parties”) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Indemnified Parties and arising in any way from any of the matters set out in paragraphs (a) – (e) above.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.

LEGAL

1. We have tried to make the wording of these Terms clear and easy to read, but the law (and our lawyers!) require some things be said in a certain way.  If you read something in these Terms that you are not sure about, then please seek independent advice.

2. These Terms are governed by the laws in force in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.

3. Invalidity of any provisions in these Terms does not affect any other provisions. Any delay or failure by us to enforce any rights under these Terms does not constitute waiver.

4. We may from time to time make changes to these Terms, and it is your responsibility to ensure that you check these Terms each time you visit our website. Your continued use of this website means that you have accepted any changes we have made.

Contact us

Please feel free to contact us if you have any questions about these Terms.

Last updated: Sept 2017

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