Terms & Conditions
47Brand.com.au (collectively the "Website") is operated by Motum Brands Pty Ltd (ABN: 604 214 664) on behalf of '47. This document governs your relationship with the Website. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and 47Brand.com.au will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of 47Brand.com.au or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by 47Brand.com.au and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with 47Brand.com.au you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. 47Brand.com.au retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be 47Brand.com.au or may in some cases be a third party. Where a contract is made with a third party 47Brand.com.au is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law 47Brand.com.au and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect 47Brand.com.au’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless 47Brand.com.au, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
47Brand.com.au shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and 47Brand.com.au. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of 47Brand.com.au.
These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of New South Wales. You agree to submit to the exclusive jurisdiction of the Courts of New South Wales in respect of all claims related to these Terms and Conditions.
Level 3, 243 Liverpool St
+61 2 8353 7738
TERMS & CONDITIONS
Facebook & Instagram “free NRL cap or tee” giveaway.
The Promoter is Motum Brands Pty Ltd, ABN 60 604 214 664, Level 3, 243 Liverpool St, Darlinghurst NSW 2010, telephone number: (02) 8353 7738 (the “Headquarters”).
This Competition is authorised under NSW Permit No. LTPM/17/01780 approved under delegation from the Minister administering the Lotteries and Art Unions Act 1901.
Entry into the Competition is deemed acceptance of these terms and conditions.
Competition commences Monday 11th September 2017 5:00pm (AEDT) and closes Thursday 14th September 2017 at 11:59pm (AEST) (the “Promotional Period”). All entries must be received by the Promoter within the Promotional Period.
- Entry Requirements
- Employees, managers, directors, their immediate families and/or those living in the same household of such employees, managers, and directors, of The Promoter and its related bodies corporate are ineligible to enter the Competition.
- Entry is only open to Australian residents aged 18 years or over at the time of entry, excluding all residents of the Australian Capital Territory (ACT).
- Entry is only open to Australian residents who are children up to and including the age of 16 years and the guardian and/or parent of the child is deemed to have agreed to the terms and conditions set out herein on behalf of the child and in their personal capacity as guardian or parent of the child.
- One entry per person is permitted.
- To enter the Competition, an entrant must, during the Promotional Period, like/follow ’47 Australia & New Zealand on Facebook (https://www.facebook.com/47AusNZ/) or Instagram (https://www.instagram.com/47brand_ausnz/) and tag 2 friends in the comments section
- The Prize
- There is one (1) Prize to be won. The prize is:
- One (1) cap or t-shirt of the winner’s choice up to $50 RRP value from the online store www.47brand.com.au
- Prize(s) cannot be transferred, exchanged, or redeemed for cash.
- If the Prize is unavailable or otherwise unable to be supplied, the Promoter may substitute the Prize with a prize of equal value, subject to any directions from the relevant regulatory authority.
- The Promoter will pay for postage of the prize to the winner
- There is one (1) Prize to be won. The prize is:
- Winning Entries and Notification
- The winning entries will be drawn at 10:00 am (AEST) Friday 15th September 2017 at the Promoter’s Headquarters.
- The Promoter will notify the winners by contacting them on the relevant social media platform or by any other means the Promoter deems appropriate, including without limitation, email, phone fax, post, website, newspaper, catalogue etc., within two (2) days of the prize being drawn.
- If the winner fails to claim and collect the prize within two (2) days of being notified, or the winner’s entry is deemed invalid by the Promoter, the winner is deemed to have forfeited and abandoned the prize, and a second chance draw will be conducted, subject to any written directions given by any relevant regulatory authority. Winning entries from the original draw will not be eligible to win the unclaimed prize in the second chance draw. The second chance draw winner will be notified by social media. an email and/or a phone call by the Promoter within 48 hours of the second chance draw.
- The Promotor will not announce winner, and will only contact winner privately.
- General Conditions
- The Promoter is entitled to verify the validity of entries and the identity entrants/winner(s), and to disqualify any entrant/winner who submits an entry that is contrary to these Terms and Conditions, or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage is not a waiver of those rights.
- Incomplete, indecipherable or illegible entries, or entries containing any profanity, spam, commercial content, harassment, discrimination, defamation, threats, abuse, or any material that contravenes any applicable law and/or infringes any third party’s rights, will be deemed invalid. The Promoter will remove any comments that are, are in the Promoter’s view, inappropriate, offensive, defamatory, infringing, obscene, indecent, misleading, unlawful, or disrespectful, to the Promoter, ARLC, or other fans.
- Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) exclude all liability for any claim, action, liability, personal injury, death, loss and/or damage; whether direct, indirect, special or consequential, arising in any way out of the Competition and/or the prize(s), including, but not limited to, any liability arising from any technical difficulties or equipment malfunction; any reason beyond the Promoter’s reasonable control; any variation of the prize value; any tax liability incurred by the winner or entrant; or the redemption, use or misuse of a prize (collectively, “Liabilities”). In addition, by participating in the Competition, each entrant shall indemnify and hold harmless Promoter and each of their respective parent entities, subsidiaries, affiliates, other companies associated with the Promotion, and each of their respective officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, shareholders, representatives, and agents (the “Released Parties”) from and against any liabilities.
- If the Competition is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter is entitled to, the fullest extent permitted by law: disqualify any entrant; or subject to any direction from a regulatory authority, to modify, suspend, terminate or cancel the Competition.
- By submitting an entry, you warrant and agree that:
- all your entries become the property of the Promoter;
- you will forgo any rights you have in relation to the IP, and assign all rights, titles, interest, intellectual property rights in the entries and/or IP to the Promoter;
- the Promoter may use, reproduce and publish the IP for any purpose, in perpetuity and throughout the world and the entrant will not be entitled to any fee or payment for such use;
- you indemnify and keep the Released Parties indemnified against all liability the Released Parties incurs of and incidental to any claim by any third parties against the Released Parties for the infringement of the third parties’ intellectual property rights; an
- the IP has not been digitally altered or manipulated in anyway;
- Entrants expressly consent to the Promoter (and their designees and assigns) using:
- the entrant’s entry (either in part or in full), name, likeness, image, voice, city/province of residence, photos, video or film clips and/or any other visual likeness to be reproduced and/or published in any medium or format now or hereafter known for an unlimited period without remuneration (financial or otherwise), permission or notification for the purpose of promoting this Competition, the Promoter’s, and/or any products manufactured, distributed and/or supplied by the Promoter or ARLC, or for any other purpose including, without limitation, advertising or trade purposes; and
- The Promoter will endeavour to provide the entrant with an option to opt out of receipt of such communications every time the Promoter contacts the entrant. Entrants should direct any request to access, update or correct information to the Promoter.