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ASB Branded Merchandise ACN 000 761 606 (ASB, we, us) owns and operates this Website. Access to and use of this Website is and the products and services available through this Website (collectively, Products) is subject to the following terms, conditions, and notices (Terms of Use). By accessing and using this Website, and by purchasing or using the Products, you are agreeing to all of the Terms of Use, 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 Use.

1. Amendments to Terms of Use

ASB reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. By doing this, we will have provided you with sufficient notice of the variation. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

2. Website

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Products 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.

3. Linked sites

This Website may contain links to other websites (Linked Sites), which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

4. Privacy Policy

Our Privacy Policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described the Privacy Policy and warrant that all data provided by you is accurate.

5. Price and Payments

Any prices quoted on the website are quoted in Australian Dollars (AUD) and are inclusive of all taxes, but excluding GST. Should any prices be found on the website, they are subject to change without notice. You should confirm the price of a product before placing an order for it. All payments to be made to us must be in AUD.

6. Terms of Sale

We accept Visa and MasterCard. By choosing to proceed with a purchase you agree not to hold us responsible or liable for any loss, damage or fraud which you could incur as a result of the purchase. We are not responsible for any foreign transaction fees (if you are using an international credit card) or any other additional fees charged by your bank. Tax invoices for the payment of the Price can be created and sent to you on request. Once a product is produced, ASB does not offer refunds under any circumstances.

7. Your warranties and acknowledgments

  1. You warrant, acknowledge, and agree that:
    1. you will abide by our Conduct Policy contained at clause 8 below;
    2. use of and access to the Website is at your own responsibility and risk including but not limited to any improper or fraudulent use or access to your account.
    3. there is no guarantee, warranty, or representation that the Products will achieve the purpose required by you.
    4. you are responsible for ensuring you enter the correct information when using the Website.
    5. you will not excessively download, print, save or forward content, videos, or pictures from the Website.
    6. we may monitor your use and access of the Website and if we consider unreasonable access or abnormal activity is occurring, including whether there is excess downloading or multiple accesses from different locations, your access may be suspended or cancelled at our sole discretion.
    7. the information provided on the Website is provided as general information only and is not intended to be professional or legal advice.
    8. prior to entering into a transaction, you will make your own enquiries and seek advice tailored to your specific circumstances and objectives.
    9. all material and information on the Website is provided in good faith and is believed to be accurate and current as at the date of publication, however, we provide no warranty or guarantee that any material or information on the Website or Linked Sites will be accurate or complete;
    10. we make no guarantees as to the usefulness of the Products and information on the Website, nor any of the products and services promoted on it or via Linked Sites. We make no guarantees as to the appropriateness of the options selected by you and no guarantees as to the likelihood of results which may be gained by virtue of any course of action undertaken.
  2. You acknowledge that we are not responsible or liable in any way whatsoever for:
    1. any incorrect, outdated, or incomplete information or advice contained in the Products and on the Website.
    2. any misuse of the Products.
    3. any financial loss occurring from the use of the Website or the Products.
    4. any delay in providing the Products to you or responding to a query from you.
    5. any virus, spam, contamination, damage or loss as a direct or indirect consequence from the use of the Website or email, Facebook, YouTube, Twitter/X, LinkedIn, or any other social media contact with us.
    6. any difficulty you have in viewing videos or other information on the Website.
    7. any data loss, corruption, disruption, or downtime to your ability to access the Website.
    8. the accuracy or reliability of content provided on or within third party websites, whether or not that third party website was recommended by us.
    9. any information or material, services, advice provided or supplied by any third party website or link thereto, including personal data or payments or refunds. You accept and take full responsibility for any personal loss or damages arising from any linked or third party website accessed by you;
    10. your personal information being misused or becoming insecure as a result of our computer system or database being hacked or compromised; and
    11. your actions, including if you misread or misunderstand information, erroneously or otherwise act on information or fail to comply with clause 7(a) above.

8. Conduct Policy

By using this Website, you agree to our following Conduct Policy, which forms part of the Terms of Use.

  1. You must not misuse this Website. You will not:
    1. commit or encourage a criminal offense.
    2. transmit or distribute (or authorise the transmission or distribution of) 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.
    3. hack into any aspect of the Website or Products; corrupt data; cause annoyance to other users;
    4. infringe upon the rights of any other person’s proprietary rights;
    5. send (or authorise the sending of) any unsolicited advertising or promotional material, commonly referred to as “spam”;
    6. impersonate any person or entity;
    7. harm, abuse, harass, stalk, threaten or otherwise offend others;
    8. solicit money, passwords or personal information from any person;
    9. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and ASB will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
  2. You agree not to:
    1. use the Website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any material that:
      1. is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
      2. contains, promotes, or provides information about unlawful activities or conduct;
      3. is, or could reasonably be expected to be defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
      4. exploits another person in any manner;
      5. contains nudity, excessive violence, or sexual acts or references;
      6. includes an image or personal information of another person or persons unless you have their consent;
      7. poses or creates a privacy or security risk to any person;
      8. you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
      9. contains large amounts of untargeted, unwanted or repetitive content;
      10. contains restricted or password only access pages, or hidden content;
      11. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
      12. advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
      13. contains financial, legal, medical or other professional advice;
    2. use the Website (or material obtained from the website) to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
    3. download material from this Website unless you have obtained the consent of the person to which the material relates to the collection, storage and disclosure of Personal Information (as defined in the Privacy Act 1988 (Cth)) in accordance with the Privacy Act 1988 (Cth);
    4. interfere with, disrupt, or create an undue burden on ASB;
    5. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of ASB or the Website;
    6. use the Website with the assistance of any automated scripting tool or software;
    7. frame or mirror any part of the Website without our prior written authorisation;
    8. use code or other devices containing any reference to the Website to direct other persons to any other web page;
    9. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so;
    10. delete any attributions or legal or proprietary notices on the Website.

9. Disclaimer of liability

  1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
  2. You acknowledge that no representation, warranty or condition, express or implied, is given by us and our employees, agents or servants about the Website or the Products or that the Website or the Products provided comply with the rules, regulations, laws and legislation of the place where you are located.
  3. To the fullest extent permitted by law ASB hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must 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 Website or the Products or the Linked Sites, including the use, inability to use, performance or failures of this Website, the Products or the Linked Sites, and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
  4. Where the Australian Consumer Law and other laws imply conditions or warranties in certain contracts and also give parties to those contracts certain other rights against suppliers of products, to the extent that it is not lawful or possible to exclude them, then such conditions, warranties or other rights shall (but only to the extent required by law) apply to these terms and conditions and all other conditions, warranties or rights which might but for this provision be implied are hereby expressly excluded. Where the law implies any term or warranty into these Terms of Use which cannot be excluded, then the liability of ASB for any breach of such term will be limited to the amount of the Price paid by you.

10. Intellectual Property Rights

  1. All Intellectual Property made available to you on or through this Website remain the property of ASB or our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by ASB and our licensors. ASB also reserves all present and future moral rights in all Intellectual Property and in any other information, products or services provided by us. 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.
  2. You must treat all Confidential Information disclosed by us as confidential, and not disclose to any party or make known in any manner any part of the Confidential Information without our prior written consent. You must not for any third party appropriate, copy, memorise or in any other manner reproduce any of the Confidential Information without our prior written consent. You agree that you will forever observe the obligations of confidence set out in this clause unless you are released from such obligation in writing by ASB. You agree that the obligations provided for in this clause will continue to survive from the date you accept these Terms of Use.
  3. The parties agree that the undertaking of confidentiality does not apply to Confidential Information which is or becomes available to the public other than as a result of a breach of this clause.
  4. In this clause:
    1. “Confidential Information” means information which relates directly or indirectly to the business, operations or affairs of the business of ASB and which we, acting reasonably, advise you we regard as confidential, whether the information is in oral, visual or written form or is recorded in any other medium, and any other information whatsoever supplied by us to you and any other records, documents, plans, formulae, specifications, Intellectual Property, devices, methods, price information, and papers of every description including all copies or extracts from the same relating to the affairs or the business of ASB or any subsidiary of a party which from time to time is made available or becomes known or comes into your possession;
    2. “Intellectual Property” means copyright, patents, trademarks, (registered or not), designs, design rights, trade secrets, logos including but not limited to all other proprietary technical information owned or licensed by ASB in relation to the Products and the Website, including all software and content (including photographic images) made available to you on or through this Website.

11. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

12. Indemnity and Release

  1. You agree to indemnify, defend and hold harmless and shall continue to indemnify, defend and hold harmless ASB and our directors, officers, employees, consultants, agents, servants and affiliates against all liabilities, actions, demands, claims, suits, causes of action, proceedings, costs and expenses (including legal costs on a full indemnity basis) suffered or incurred by ASB or our directors, officers, employees, consultants, agents, servants and affiliates by reason of, arising out of or referable to your use of this Website or the Products or your breach of the Terms of Use.
  2. You hereby release and hold harmless ASB and our directors, officers, employees, consultants, agents, servants, or affiliates from and against any and all liabilities, actions, claims, suits, causes of action and demands whatsoever that you may now or in the future have against ASB and our employees, agents or servants arising out of or in connection with your use of the Website or the Products and this release may be pleaded as an absolute bar to any such claim against ASB and our directors, officers, employees, consultants, agents, servants or affiliates.

13. Linking to this website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

14. General

  1. ASB must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Products or any page of this Website.
  2. If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain 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 must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
  3. The use of the Website is governed by, construed and enforced in accordance with the laws of Western Australia and you irrevocably submit to the jurisdiction of the courts of Perth, Western Australia and their respective courts of appeal in that regard.
  4. You may not assign these Terms of Use or any of your rights and obligations in whole or in part in these Terms of Use, whether by actual assignment or by operation of law or by providing any information on the Website to any third party without our prior written consent, unless otherwise agreed to in writing between the parties.
  5. A provision of these Terms of Use may not be waived except in writing and signed by an authorised officer of ASB. No waiver or breach of any provision of these Terms of Use shall constitute a waiver or breach of any other provision.
  6. If these Terms of Use are inconsistent with any other previous document or agreement between the parties, these Terms of Use will prevail to the extent of the inconsistency.

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