WEBSITE TERMS OF USE

These terms govern the use of Hardyakka.com.au and Hardyakka.co.nz ("this website"). By accessing, using, browsing, registering with or contributing to this website and any other area of our website where you can post submissions or reviews or ask questions, you agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. If you do not agree to these terms in their entirety, you must not use this website. We may amend or update these terms and conditions at any time by posting any changes at this website, without providing notice to you. By continuing to access and use this website, you will be deemed to have agreed to any changes or updates to these terms. These website Terms of Use (including where applicable, our Privacy Policy, Returns and Refunds Policy and our terms and conditions for the sale of Goods on the Hard Yakka website) set out the entire agreement between you and Hard Yakka and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.

COPYRIGHT AND TRADE MARKS

This website and all material provided on this website are owned or licensed by Hard Yakka – The Workwear Group, a division of Workwear Group Pty Ltd ("Hard Yakka"), including the "look" and "feel" of the website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements. Except where necessary for viewing the material on this website on your browser, or as permitted under the Australian Copyright Act 1968 (Cth), the Copyright Act 1994 (NZ) or other applicable laws or these terms and conditions, nothing on this website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Hard Yakka.

Various trade marks displayed on this website (whether registered or otherwise), are owned by Hard Yakka. Other product and company names mentioned on this website may be the trade marks of other people or entities. The trade marks displayed on this website must not be used or reproduced without the prior permission of the relevant owner. If you are an authorised reseller of Hard Yakka products and would like to request permission to use photography or other content from this website for business purposes, please contact our customer service team via email.

If you believe you own the copyright in any work and that work is displayed on this website without your permission, please contact us and the matter will be investigated.

DISCLAIMER

The information contained on this website is provided by Hard Yakka in good faith. To the best of Hard Yakka’s knowledge, the information is accurate and current. However, this site and its contents are provided to you on "as is" basis. The site may contain errors, faults and inaccuracies and may not be complete and current. Hard Yakka and its related bodies corporate, and their directors, officers, employees, and agents ("Hard Yakka Associates") make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

LIMITATION OF LIABILITY

Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Hard Yakka or Hard Yakka’s Associates in connection with goods or services supplied to you will, at the election of Hard Yakka, be limited to:

In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and

In relation to services, the supply of the services again or the payment of the cost of having the services supplied again.

The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in New Zealand, under the Consumer Guarantees Act 1993). Subject to any non-excludable liability (including under consumer laws), Hard Yakka will not otherwise be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on your behalf, through this website.

VIRUS WARNING

All care is taken to ensure that this website and data transmissions are free from viruses. However Hard Yakka cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on this site, and you release Hard Yakka entirely of all responsibility for any consequences of its use.

USE OF COOKIES

Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser, you may not be able to fully experience all features of this website.

THIRD PARTY SITES

This site may contain links to third party sites. Hard Yakka is not responsible for the condition or content of those sites as they are not under Hard Yakka’s control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Hard Yakka of the sites or the products or services provided on the site. Hard Yakka does not permit any linkages to this site without prior permission.

APPLICABLE LAW

These terms are governed by the laws in force in Victoria, Australia and 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.

This site may be accessed from Australia or overseas. Hard Yakka makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.

Only you and Hard Yakka shall be entitled to enforce these website terms. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these website terms, whether by virtue of legislation or otherwise.

OWNERSHIP OF SUBMISSIONS

Other than personal information which is subject to our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Hard Yakka on or through the website or otherwise disclosed, submitted or offered by you (collectively, "Submissions") shall become and remain the property of Hard Yakka once submitted. You must comply with the content standards for Submissions set out in these terms. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines. You warrant that you have the right to grant to Hard Yakka the rights set out in these terms in respect of your Submissions.

SOCIAL NETWORKING SITES

These terms also govern any Submissions you make on any Hard Yakka related third party website or page such as our Facebook page, Twitter, YouTube or other social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Hard Yakka or its employees and Hard Yakka is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these terms and the third party social networking sites terms of use, as applicable.

INTELLECTUAL PROPERTY RIGHTS

A disclosure, Submission or offer of any Submissions and your agreement to these terms and conditions shall constitute an assignment to Hard Yakka of any intellectual property rights in the disclosure Submission. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make Submissions on any Hard Yakka’srelated third party website or page, you must comply with the content standards set out below (including the spirit of those standards) and with these terms. Any third-party advertising on Hard Yakka’s pages of third party social networking sites are not the responsibility of, or endorsed by, Hard Yakka. All rights, including copyright on Hard Yakka’spages are owned by or licensed to Hard Yakka. Any use of any Hard Yakka’ssocial networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Hard Yakka. All worldwide rights reserved.

CONFIDENTIALITY

Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any Hard Yakka’srelated third party social networking site or page constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right (but no obligation) to remove any Submissions you make on our website if, in our opinion, such Submission does not comply with the content standards set out below (including the spirit of those standards).

RULES FOR SUBMISSIONS

1. Please be polite and only write in English.

2. You confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property rights of others.

3. If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.

4. Submissions should not include:

a. profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others

b. comments about other reviewers or bloggers

c. remarks making criminal accusations, or false, defamatory or misleading statements

d. material which impersonates others

e. spam or advertising

f. third party brand names or trade marks

g. personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers

h. HTML code, computer script or website URLs

i. availability, price or alternative ordering or delivery information

j. information about Hard Yakka’s suppliers or manufacturers

5. Hard Yakka, in its absolute discretion, reserves the right to:

a. not publish the Submission or remove it

b. take any appropriate action if deemed necessary

c. remove reviews which relate to seasonal products which are no longer in season

Please let us know if you see any Submissions which do not comply with our rules.

ELECTRONIC COMMUNICATIONS

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If located in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.

[Version 1.0 January 2013, © Workwear Group Pty Ltd]