Terms and Conditions

HJC Brands Website Terms and Conditions

Thank you for visiting our website. This website is owned and operated by HJC Brands Pty Ltd. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at http://hjcbrands.com.au/privacy)(Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, ‘us’, ’we’ and ‘our’ means HJC Brands Pty Ltd.

1. Registration
   1. You must be a registered member to purchase products and services on our website.
   2. When you register and activate your account, you will provide us with personal information such as your email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy http://hjcbrands.com.au/privacy.
   3. When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
   4. If you are under the age of 13 years, we may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf and even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.
2. Collection Notice
   1. We collect personal information about you in order to process your order and for purposes otherwise set out in our Privacy Policy at http://hjcbrands.com.au/privacy.
   2. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to process your order.
   3. Our Privacy Policy explains:
      1. how we store and use, and how you may access and correct your personal information;
      2. how you can lodge a complaint regarding the handling of your personal information; and
      3. how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at privacy@hjconline.com.au
   4. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
3. Accuracy, completeness and timeliness of information
   1. The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
   2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
   3. We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up to date.
4. Modifications to the service and prices
   1. Prices for our products are subject to change without notice.
   2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
   3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. Promotions and competitions
   1. For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
6. Products and services
   1. Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
   2. We have made every effort to display as accurately as possible the colors, tastes and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
   3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
   4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7. Purchases
   1. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
   2. Our online checkout is protected by secure industry standard SSL protection, for absolute privacy.  All credit card payments made online are processed securely through PayPal and you don’t need a PayPal account to do this.
   3. [IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.]
8. Linked sites
   1. Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
9. Intellectual property rights
   1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
   2. Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licencors.
   3. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
   4. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
10. Unacceptable activity
    1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

1. 1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
   2. using this website to defame or libel us, our employees or other individuals;
   3. uploading files that contain viruses that may cause damage to our property or the property of other individuals;
   4. posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

1. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

11. Warranties and disclaimers
    1. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
    2. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
12. Liability
    1. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs–which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
13. Jurisdiction and governing law
    1. These Terms of Service and any separate agreements where by we provide you Services shall be governed by and construed in accordance with the laws of Australia.