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Website Terms of Use

Website Terms of Use

Your use of this website at www.knobbyunderwear.com.au (Site) is subject to these Website Terms of Use. By accessing and using the Site you confirm your acceptance of these Website Terms of Use and agree to be bound by them. If you do not agree to these Website Terms of Use, you must immediately exit and cease use of the Site.

The sale of any Products through this Site is subject to our Terms for Supply.

1. Definitions

Associate” has the meaning given in the Corporations Act 2001 (Cth).

Australian Consumer Law” means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“Consequential Loss” includes without limitation loss of profits, loss of revenue, loss of data, lost production, loss of business, loss of the benefit of any contract or other agreement or arrangement, losses which do not arise naturally from a breach of contract in the usual course, damage to reputation, damage to property, downtime costs and legal costs.

Intellectual Property Rights” means all industrial and intellectual property rights throughout the world including all rights in association with copyright, trade marks (whether registered or not), patents, patent applications, eligible circuit layouts, moral rights, service marks, trade names, registered designs, unregistered design rights, know how, trade secrets, domain names, internet addresses and confidential information.

Knobby IP” means Knobby IP Pty Ltd ACN 619 909 625 as trustee for the Knobby IP Trust.

Products” are any goods offered for sale on this Site, or supplied or promoted by us.

We“, “us” and “our” are references to Knobby Pty Ltd ACN 600 489 236.

2. Restrictions on use

You agree that when accessing the Site you will not data scrape the Site either manually or by use of a web spider, web robot or any other web crawling or other technology.

You must not introduce to this Site any viruses, bugs, defects, corrupting program, Trojan horse or other material that may be technologically harmful or malicious.

You must not use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site.

You must not attempt to obtain unauthorised access to any part of the Site, or to our servers or any hardware supporting the Site.

You must not attempt to:

(a) reconfigure the Site in any way; or

(b) modify, reverse engineer, disassemble, decompile, copy or cause unintended effect to any part of the Site or any software used on the Site.

You must not use this Site for any illegal purpose. Without limitation you must not:

(a) access any data unlawfully or without consent;

(b) attempt to probe, scan or test the vulnerability of a system or network or to circumvent or breach any security or authentication measures;

(c) attempt to interfere with service to any user, host or network, including without limitation via means of overloading, “flooding”, “mail bombing” or “crashing”; or

(d) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Details of offences committed by Site users under Australian law may be reported to the relevant law enforcement authorities.

You must comply with any acceptable use policy we publish on this Site.

3. Use of Information

All information provided by us on this Site or in respect of any Products is provided by us as general information and is not in the nature of advice. We reserve the right to update or otherwise change this information at any time.

We do not make any representations, or provide any warranties, that any information we provide is reliable, up-to-date, accurate, complete or suitable for any particular purpose.

You use and rely on any information provided on this Site, or in respect of any Products, at your own risk.

4. Accounts and passwords

Access to certain services on the Site may require registration and the creation of an account. You must ensure that the details you provide us upon registration or at any time are complete and accurate, and you must inform us immediately of any changes to the details you provided when registering.

You may not create an account for any person other than yourself. You must not create a false identity or misrepresent an affiliation with another person or entity.

You may not create an account unless you are at least 18 years of age.

When you register for an account, you will be asked to create a password. You will be responsible for maintaining the confidentiality of your account details and password, and for restricting access to your computer or device to prevent unauthorised access to your account. You agree to promptly notify us if you have reason to believe that your account details or password have been lost, or if they are likely to be used in an unauthorised manner. You are responsible for all activities that occur under your account.

We reserve the right to suspend or terminate your access to an account or this Site at any time, for any reason, without prior notification.

5. Intellectual Property Rights

Copyright and other Intellectual Property Rights subsisting in or in relation to the Site (including text, graphics, photographs, logos, designs and software) is owned or licensed by Knobby IP or us.

The trade marks KNOBBY, THE UNDERWEAR CLUB, THE UNDIE CLUB, A SURPRISE PACKAGE FOR YOUR PACKAGE, A SURPRISE BOX FOR YOUR BOX, FUNK UP YOUR JUNK, CONFIDENCE IN YOUR PANTS, and the other trade marks and logos used with respect to our Products, are the property of Knobby IP.

You are granted a non-exclusive licence to access, view, download and print the content of this Site for personal use only. Subject to the grant of this licence, your use of the Site grants you no rights in relation to the Intellectual Property Rights of Knobby IP or the Intellectual Property Rights of any third parties. All such rights not expressly granted are reserved.

Subject to the non-exclusive licence expressly granted to you under these Website Terms of Use and the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, you must not without our written permission:

(a) use any of Knobby IP’s trade marks;

(b) adapt, reproduce, store, print, distribute, republish, broadcast or create derivative works from any part of the Site or any content downloaded from the Site; or

(c) commercialise any information or content obtained from the Site.

You agree that you will not change or delete any Intellectual Property Rights ownership notices from any materials downloaded from this Site.

6. Contributions

If you submit or post any reviews, comments, feedback, ideas, suggestions, content or materials on this Site (collectively “Contributions”) you must comply with the following Contributions standards.

Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with all applicable laws.

Contributions must not: contain any material which is defamatory of any person, obscene, hateful or inflammatory; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; carry out, advocate, promote or assist any illegal act, including but not limited to violence, computer misuse or the infringement of the intellectual property rights of any other person; be made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence; be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or give the impression that they emanate from us when that is not the case.

Any Contributions will be and will remain our property. By making a Contribution you assign to us all worldwide rights, title and interest in all Intellectual Property Rights in your Contributions. We will own exclusively all rights, title and interest in any Contributions and will not be limited in any way as to the use, commercial or otherwise, of any Contributions. If requested by us at any time you will sign all documents required to effect, perfect or register the Intellectual Property Rights assignment referred to in this clause.

7. Security

You acknowledge and agree that you make any Contributions, and transmit any information via this Site, at your sole risk. No data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us.

8. Links

You may not produce links to this Site (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our written consent.

If you do create a link to this Site (whether with our consent or in breach of these Website Terms of Use), you do so at your own risk. The exclusions, disclaimers, limitations and indemnities set out in these Website Terms of Use will apply to your linking to our Site and the consequences and actions resulting from the linking.

This Site may contain links to third party websites (“Linked Websites”). We take no responsibility for the content or privacy practices of any Linked Websites. We do not control or guarantee the accuracy, relevant, timeliness or completion of any information on Linked Websites. We provide no warranties or guarantees in relation to the accessibility, function or security of any Linked Websites. The inclusion of any link does not imply reliability and endorsement by use of the content of any Linked Websites or any third party’s goods or services. Your access and use any Linked Websites is solely at your own risk. You release us from any and all liability arising from your access or use of any Linked Website.

9. Liability

Access to and use of this Site is at the user’s own risk.

We do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We do not represent or warrant that the Site will be error-free or free from viruses, faults, defects or other harmful elements or that any bugs, viruses, Trojan horses or other corrupting programs will not be transmitted to or though the Site by any party. It is recommend that you take all appropriate safeguards (such as installing appropriate anti-virus software and firewalls) before downloading any content from this Site.

We do not warrant or represent that your access to the Site will be uninterrupted, timely or secure.

To the maximum extent permitted by law, neither we, nor any of our Associates, will be liable for any direct, indirect or Consequential Loss resulting from your access to the Site or any action taken or reliance by you on any information provided on this Site or in respect of any Products (including through negligence).

If the Australian Consumer Law or any other law implies a guarantee, condition or warranty into these Website Terms of Use which cannot be excluded by law, our liability for any breach of such guarantee, condition or warranty will be, to the maximum extent permitted, either limited to the replacement or supply of equivalent goods or services, or the payment of the cost of having the goods or services re-supplied.

Nothing in these Website Terms of Use excludes any liability under the Australian Consumer Law, or any other applicable consumer law, that cannot be excluded by law.

10. Indemnity

You must continually indemnify us and our Associates, jointly and severally, against any claim or proceeding that is made, threatened or commenced and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) suffered or incurred as a direct or indirect result of your breach of these Website Terms of Use, your use of or access to the Site, your breach of any third party’s Intellectual Property Rights or any wilful, unlawful or negligent act or omission by you.

11. Privacy

You agree that any personal information that we collect from you via this Site or otherwise may be used and disclosed by us in accordance with our Privacy Policy.

12. Variation to Website Terms of Use

We may vary these Website Terms of Use at any time by publishing the varied Website Terms of Use on this Site. By continuing to access or use this Site, you accept these Website Terms of Use as varied from time to time.

13. General

These Website Terms of Use are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.

The Site is managed from Queensland, Australia. We make no representations that the content and materials on the Site are appropriate for use in other locations.

Any provision in these Website Terms of Use that is illegal, void or unenforceable in a jurisdiction will as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, without invalidating the remaining provisions of these Website Terms of Use or affecting the validity or enforceability of that provision in another jurisdiction.

If we waive any rights we have under these Website Terms of Use as a result of your breach, it will not operate as a waiver of any future breaches.

Last updated 2nd July 2018