Terms & Conditions

WEBSITE TERMS OF USE 

1. GENERAL

1.1.    WilliamsShoes.com.au is a website owned by Australian Footwear Pty Ltd (ABN 168 259 210) ("Australian Footwear"). The Licensor grants Australian Footwear Pty Ltd (ABN 40 168 259 210) ("Licensee") to operate the website and trade as Williams Shoes. Both Licensor and Licensee are subsidiaries within Munro Footwear Group Pty Ltd (ABN 59 614 250 501) known together with its directors, employees and agents as "We", "Our" or "Us". Your access and use of this website is conditional upon your acceptance and compliance with these Terms and Conditions. Your use of and continued access to this website constitutes your agreement to these Terms and Conditions. Acceptance by you of these Terms and Conditions binds you and all of your employees, officers and agents to comply with these Terms and Conditions. Without implying any licence to do so, if you pass on any information contained in the web site to any other person, you should pass on these Terms and Conditions also and draw it to their attention.
You can browse, select and place orders for products available for purchase online. Use of the Williams Shoes Website is subject to acceptance of these Terms and Conditions.

1.2.    These terms and conditions provided by us govern and apply to your access and use of the websites operated by entities within the Munro Footwear Group (Sites) and any other website, social media accounts, applications, software and other technological products and services operated by us (Platforms). 

1.3.    The Platforms are provided by us to you in order for you to browse, select and order footwear, clothing and other accessories (Products) from us and participate in any ancillary services we may provide (Services).

1.4.    Please read these terms and conditions before accessing or using the Platforms.

1.5.    Your access to and use of the Platforms, including your order of Products and use of Services through the Platforms, is subject to these terms and conditions.

1.6.    The terms and conditions also apply to the sale of any Products or us of Services via methods other than the Platforms, including sales by telephone, in person via our stores or other means, unless otherwise agreed in writing.

2. DISCLAIMER

2.1.       The information contained on the Platforms is provided in good faith on an "as is" basis. We do not represent or warrant to the reliability, accuracy or completeness of the information contained on the Platforms. To the extent permitted by law, we are not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information on the Platforms.

2.2.       Whilst we make every effort to ensure that the Product images and descriptions used on our Platforms are true and accurate representations of our Products, occasionally slight variances in colours, styles, textures and details may occur when viewing images online as compared with in person. 

3. INTELLECTUAL PROPERTY

3.1.       You:
(a) acknowledge that the copyright in the Products and Platforms, the software, design, text and graphics comprised in the Platforms (in particular our branding and photographs of our Products), the selection and layout of the Platforms and the content and materials on the Platforms (together, the Material) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website or application any of the material appearing on the Platforms without our prior written consent.

3.2.       You may:
(a) store a reproduction of the content on the Platforms on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.

3.3.       This Platforms, the Products and any ancillary materials or documents owned or used by us in connection with the sale of the Products and promotion of its business contains registered and unregistered trademarks which are protected by law and other branding, images, content which constitute our intellectual property. You must not use any of the images, marks or trademarks appearing on the Platforms or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.

4. VIRUSES

4.1.       We do not claim that any information (including any files) obtained from or through the Platforms is free from viruses or other faults or defects.

4.2.       You are responsible for scanning any information for viruses.

4.3.       You agree that we have no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.

4.4.       If we are found to be liable this will be limited to the cost of supplying the information again.

5. COMPLIENCE WITH THESE TERMS AND CONDITIONS

5.1      You agree to bound by, and comply with, these terms and conditions by:
(a)  using the Platforms, in particular, browsing our Sites;
(b)  completing your registration through the Platforms; and/or
(c)  obtaining or ordering Products from us using the Platforms or by any other method of sale.

6. CHANGES TO THESE TERMS AND CONDITIONS

6.1.       If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.

6.2.       Subject to clause 6.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Platforms after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.

7. REGISTRATION

7.1.       You may complete the customer registration process through the Platforms before placing an order for Products through the Platforms. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on the Platforms.

8. PLACING AN ORDER FOR PRODUCTS

8.1.       You may order Products by selecting and submitting your order through the Platforms in accordance with these terms and conditions.

8.2.       Any order placed through the Platforms for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

8.3.       We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the platforms.

8.4.       You agree to provide us with current, complete and accurate details when asked to do so within the Platforms.

9. ACCEPTANCE OR REJECTION OF AN ORDER

9.1.       We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Platforms or in your order, or if you provide us with erroneous or insufficient information in respect of your credit card details, billing information or shipping address. 

9.2.       Each order placed for Products through the Platforms or any other means that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.

9.3.       If we reject an order placed through the Platforms, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

10. CANCELLING AN ORDER (BY US)

10.1.       Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
(a)  the requested Products in that order are not available; or
(b)  there is an error in the price or the product description posted on the Platforms or in any other sales platform in relation to the relevant Product in that order;
(c)  we consider that the postage price selected in the checkout does not match the applicable price for the delivery address;
(d)  your order weight exceeds our maximum postal delivery weight (in which case we will contact you to make alternative arrangements where possible); 
(e)  you have provided us with erroneous or insufficient information in respect of your order including credit card details, billing information or shipping address; or
(f)  that order has been placed in breach of these terms and conditions.

10.2.       If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.

11. CANCELLING AN ORDER (BY YOU)

11.1.       Orders may not be cancelled once submitted via the Platforms or via any other method of sale. Should you wish to correct your delivery address or contact details prior to the order being dispatched, please refer to the Contact Us section of the relevant Site from which you ordered and we will endeavor to assist you.

12. DELIVERY OF PRODUCTS

12.1.       Please see the Shipping section on the relevant Site from which you ordered, or intend to order, for more information on our Shipping Policies which form part of these terms and conditions.

12.2.       By using the Platforms, purchasing a Product and accepting these terms and conditions you consent to the terms of our Shipping Policies, noting that each of our brands may offer different Shipping Policies.  

13. PRICES, FEES AND CHARGES

 13.1.       The prices of Products and delivery and other charges displayed on the Platforms are current at the time of issue, however, we reserve the right to change prices at any time before we accept an order from you.

13.2.       All prices shown on the Platforms are in Australian Dollars (AUD) unless specifically designated otherwise.

13.3.       We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
(a)  the purchase price of each Product that is ordered;
(b)  the delivery fee for delivering the Products to you; and
(c)  any other fees and charges set out in these terms and conditions or on the Platforms.

13.4.       All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Platforms are inclusive of GST (unless otherwise indicated). 

14. YOUR OBLIGATIONS

14.1.       You covenant and warrant that:
(a)  all information and data provided by you to us through the Platforms (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b)  the person receiving the Products at the Delivery Address is authorised by you to do so;
(c)  you have and will comply with all relevant laws relating to your use of the Platforms and your placement of any order to us;
(d)  you will ensure that your LoginID and password that is used to access the Platforms and the details of your account is kept in a safe and secure manner;
(e)  you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
(f)  you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
(g)  you are responsible for any costs associated with your access to or use of the Platforms, including Internet access fees;
(h)  you are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Platforms;
(i)  you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Platforms;
(j)  you will check the labels on the Products before use; and

14.2.        You must not:
(a)  use the Platforms for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b)  use the Platforms in a manner or way, or post to or transmit to or via the Platforms any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Platforms;
(c)  make fraudulent or speculative enquiries, purchases or requests through the Platforms;
(d)  use another person’s details without their permission or impersonate another person when using the Platforms;
(e)  post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f)  tamper with or hinder the operation of the Platforms;
(g)  knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Platforms;
(h)  use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Platforms;
(i)  modify, adapt, translate or reverse engineer any portion of the Platforms;
(j)  remove any copyright, trade mark or other proprietary rights notices contained in or on the Platforms;
(k)  reformat or frame any portion of the web pages that are part of the Platforms;
(l)  create accounts by automated means or under false or fraudulent pretences;
(m)  use the Platforms to violate the security of any computer or other network or engage in illegal conduct;
(n)  take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o)  use the Platforms other than in accordance with these terms and conditions; or
(p)  attempt any of the above acts or engage or permit another person to do any of the above acts.

15. WARRANTY AND LIABILITY

15.1.       We accept liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.

15.2.       Where we are permitted by law (and subject to clause 15.1):
(a)  we do not warrant or represent the suitability of the Platforms or a Product for any purpose; and
(b)  we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Platforms or the Product.

15.3.       Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

15.4.       If we offer an additional manufacturer’s warranty with any Product, the additional warranty will be subject to any express terms and conditions stated to apply to that warranty and will be subject to law.  Where an additional manufacturer’s warranty is offered, please note that our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

16. RETURNS

16.1.       Unless you notify us to the contrary by email within thirty (30) days of delivery of any Products and such notification is confirmed by return email within seven (7) days of its receipt by us, the Products shall be deemed to have been accepted by you.

16.2.       Please see the Returns section on each of the Sites for more information on our Returns Policies which form part of these terms and conditions. Please note that each of our brands may offer different Returns Policies. Returns for change of mind for Products purchased from a third party retailer must be returned to those third party retailers in accordance with their returns policies and may not be returned to us (with the exception of defective products where required by law).  

16.3.       By using the Platforms and accepting these terms and conditions you consent to the terms of our Returns Policies, as applicable to your order. 

16.4.       Refunds will be processed to your original payment method. Please allow up to 7 days for your refund to appear in your account dependent on your form of payment and financial institution. 

16.5.       Please retain any third-party gift cards or prepaid credit cards for the duration of the return period noting these cards may be subject to the card issuer’s terms and conditions.

17. LOYALTY PROGRAM

17.1.       In connection with the sale of our Products, we (and/or our associated entities) may make available a user Loyalty program, where you can become eligible to: 
(a)  earn rewards dollars (Reward Points) for use towards the purchase of Products; and 
(b)  be entered into prize draws to receive Products, Reward Points and other items.

18. TERMINATION AND/OR SUSPENSION OF ACCOUNT

18.1.       We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Platforms including your participation in the Fusion Rewards Program and (where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you breach these terms and conditions.

19. GENERAL PROVISIONS

19.1.       If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

19.2.       This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

20. PRIVACY POLICY AND YOUR PERSONAL INFORMATION

20.1.       We take your privacy seriously and any information provided through your use of the Platforms are subject to our Privacy Policy, which forms part of these terms and conditions.

20.2.       By using the Platforms and accepting these terms and conditions you hereby expressly consent to the terms of our Privacy Policy. 

21. DEFINITIONS

21.1.       Capitalised terms used are defined in these terms and conditions. 

21.2.       In these terms:
(a)  “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
(b)  “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
(c)  “LoginID” means the email address that you provided to us as part of the registration process to use the Platforms.
(d)  “Returns Policy” means our policies governing returns of Products.
(e)  “Shipping Policy” means our policies governing the delivery of Products to you. 

CURRENT PROMOTIONS

Promo: 

* Second Pair Half Price offer conditions: Second pair must be of equal or lesser value and purchased in the same transaction. Not available in conjunction with any other offer. Full returns and exchange policy available online. Available on full-priced and markdown products.

*^School Shoe Sale offer conditions:
*Second Pair Half Price: Second pair must be of equal or lesser value and purchased in the same transaction. Not available in conjunction with any other offer. Full returns and exchange policy available online. Offer not available on Lynx Blue products.
^20% off offer conditions: 20% off full RRP for Clarks, Colorado + Harrison School Shoes only. Not available in conjunction with any other offer. Full promotional terms and conditions available online. Offer is available in store and online from 4th December 2023 - 25th February 2024. While stocks last. Sizes, colours and styles may vary by store and online.

 

“ON THE HUNT FOR NEW SHOES” COMPETITION


The competition is being conducted by: Australian Footwear Pty Ltd (ABN 40 168 259 210). Williams Shoes is a subsidiary of Munro Footwear Group Pty Ltd (ACN 614 250 501). The abovementioned company will be hereafter referred to as the ‘Promoter’. 
By entering the Promotion, each entrant accepts these Terms and agrees that the Promotion will be conducted in accordance with, and the entrants’ rights will be governed by these terms:

1.       The promotional period 3pm Monday 3rd April 2023 – 9am AEST Tuesday 11th April 2023

2.       Entry is free and is open to residents of Australia over the age of 18, who enter the Promotion in accordance with the conditions of entry below. 

3.       Employees of the Promoter or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition. 


4.       To enter the competition the entrant must:

- Tag a friend in the comments of the post
- Follow @williamsshoes on Instagram

 Those already following and subscribed must still tag a friend in the comments of our competition post


5.       Closing date for entry will be 9am (AEST) Tuesday 11th April 2023. After this date no further entries to the competition will be permitted. 

6.       No responsibility can be accepted for entries not received for whatever reason. 

7.       The Promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the Promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the Promoter. 

8.       There will be one (1) winner drawn. The prize for the winner of the Competition consists of two pairs of shoes that are stocked on williamsshoes.com.au

9. The prizes are not transferable and we reserve the right to substitute any prize with another of equivalent value without giving notice.

10.   Prizes are subject to availability and must be stocked on williamsshoes.com.au

11.   Any residual value at the end of the winner’s transaction will be forfeit and will not be provided in cash or cash alternative.

12.   The prize must be taken within 30 days of the winner confirming their receipt of the prize for the competition or the prize will be forfeit.

13.   Winner will be drawn at random at 28 Victoria Cres, Abbotsford VIC on Tuesday 11th April 2023 at 10am AEST. 

14.   The winner will be notified by Instagram Direct Message on Tuesday 11th April 2023 at 10am AEST and asked for personal details including first name and letter of last name required to issues the prize winnings and announce the winner on the Williams Instagram page.

15.   If the winner cannot be contacted or does not claim the prize within 7 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner. 

16.   The Promoter will notify the winner when and how the prize can be redeemed in conjunction with the outlined terms and conditions. 

17.   The Promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into. 

18.   By entering this competition, an entrant is indicating his/her acceptance and agreement to be bound by these terms and conditions. 

19.   The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia. 

20.   The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent. 

21.   The winner’s first name and first initial of surname will be published on our Instagram account. 

22.   This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or any other Social Network. You are providing your information to the Promoter and not to any other party. 

23.   The winner of the prize must take the prize as described and, on the conditions, stated in these Terms, and the prize cannot be used in conjunction with any other offer.

24.   Munro Footwear Group (Williams Shoes) reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process or for submitting an entry which is not in accordance with these Terms.

Back to School:

* Second Pair Half Price offer conditions: Second pair must be of equal or lesser value and purchased in the same transaction.

Not available in conjunction with any other offer. Full returns and exchange policy available online.

Available on full-priced products only.

^ 20% off offer conditions: 20% off full RRP. Not available in conjunction with any other offer. Full promotional terms and conditions available online. Offers available in store and online from December 5th 2022 - February 28th 2023.

While stocks last.

Sizes, colours and styles may vary by store and online. 

L.O.L Surprise! & Spongebob School Shoes:

Free L.O.L Dolls or SpongeBob bag-charm key ring with every school shoe purchase. Available for a limited time only, while stocks last. Available in store only, not available with online purchases.

Win A Playground For Your School Competition:

Competition entry is only available with an in store purchase of any SpongeBob school shoe. Not available with online purchases. See in store for full details.

Perfect Fit Guarantee:

Product comes with guarantees that cannot be excluded under the Australian Consumer law. If you are not happy with the fit of school shoes purchased, unworn shoes can be returned to store and fitted for a replacement pair within 30 days of purchase.

Price Match Guarantee:

Product must be in stock, available at another Australian retailer and identical, eg the same brand, model and colour.

Price matched will be the total price, inclusive of any service and delivery charges.

WIN A PLAYGROUND FOR YOUR SCHOOL TERMS & CONDITIONS

A. Specific Conditions

Item 1

Competition Name SpongeBob Playground Competition (Competition)

Item 2

 

Competition Type Game of Skill

Item 3

 

Promoter The promoter (Promoter) is VIMN Australia Pty Ltd ACN 107 601 418 of 1 Saunders Street, Pyrmont NSW 2009.

Item 4

 

Sponsor Munro Footwear Group Pty Ltd. Address: 28 Victoria Crescent, Abbotsford, VIC, 3067. ABN 41 007 878 079.

Item 5

 

Prize Provider KOMPAN Playscape Pty Ltd. Address: 7 Prosperity Place, Geebung QLD 4034. ABN: 22010572335

Item 6

 

Website

www.williamsshoes.com.au

www.mathers.com.au

Item 7

 

Entry Restrictions

 

(i)                Age – Entrants under 18 years should ask their parent/guardian for permission before entering the Competition and/or providing any Personal Information as defined in Clause 12 of the General Terms.

 

(ii)               Resident Status – Entrants must be residents of Australia  

 

(iii)              Employees of the Promoter or sponsor, any of its affiliate, parent or subsidiary companies and, or any agencies associated with this competition are not eligible to enter the

Item 8

 

Method of Entry

The Competition can be entered by the QR code supplied at checkout instore linking you to Mathers.com.au or Williamsshoes.com.au depending on which store you purchase from.

 

Entrants must:

A)     Purchase any SpongeBob School shoe in-store from either a Mathers or Williams store

B)     Scan the QR code to complete the entry form and agree to terms and conditions provided.

C)     Entrants provide an answer to the question in 50 words or less:

What does your school do to help the environment?

 

Entrants must provide the following information for a valid entry:

 

a.      First Name

b.      Last Name

c.      Email Address

d.      Phone Number

e.      Postcode

f.        State

g.      Product purchased

h.      Store purchased from

i.        Date of purchase

j.        Opt-In Checkbox

 

k.      Receipt number/

l.        School Name

Item 9

 

Competition Entry Opens 12.01 AM (AEDT) on January 2nd 2023

Item 10

 

Competition Entry Closes 11.59 PM (AEDT) on January 30th 2023

Item 11

 

Competition The Competition will be judged on Thursday 2nd   February 2023.  

Item 12

 

Drawing Details The Competition will be judged at 28 Victoria Crescent, Abbotsford, 3067

Item 13

 

Notification Date Winners will be notified Friday10th February 2023 at 10am AEDT

Item 14

 

Notification Method

Winners will be notified by email or phone.

It is the responsibility of each entrant to ensure that the details in their entry are correct, including without limitation telephone contact number, email and postal address details, and no responsibility will be taken by the Promoter for any incorrect or out of date information. Entrants must supply a valid telephone number with their entry.

 

Item 15

 

Prize

 

Draw Publication Details

There will be One (1) major Prize Winner/ who will win the following major prize:

 

·        One (1) Spongebob SquarePants branded KOMPAN GreenLine playground (consisting of 1 or more products) and associated costs including GST, freight and installation valued at/up to [$40,000AUD] for the school nominated by the entrant in accordance with section 7.

The prize must be delivered in accordance with conditions listed in Section 9.

Total major prize pool value: $40,000 AUD

 

Total prize pool value: $40,000 AUD 

Item 16

 

Unclaimed Prize Draw

Where a winner cannot be contacted in accordance with Clause 6 of the General Terms, the Promoter will hold an Unclaimed Prize Draw.

 

The judging will be held at 10am on 02/05/2023 at the location set out in Item 11 of these Specific Conditions and winners will be notified by the method set out in Item 14 of these Specific Conditions and published in accordance with the method set out in Item 14 of these Specific Conditions.

 

[Unless the prize is an event taking place on a specific date, the unclaimed prize draw should be three months after the original draw]

 

The unclaimed draw will be conducted on 2nd May 2023.

Item 17

 

Special Conditions

Entrants may enter this competition with any SpongeBob school shoe purchase at any Mathers or Williams store. Each transaction is eligible as one entry.

 

This promotion is only available to purchases made in-store at Mathers or Williams shoe stores. A list of stores can be found at:

Williamsshoes.com.au/store-locator

Mathers.com.au/store-locator

 

It is a requirement of entry that the Nominated school has been notified of the intention to enter and has approved the entry.

 

Facebook terms:

 

The Competition is in no way sponsored, endorsed or administered by, or associated with, Meta

 

By entering the Competition, each entrant releases Meta, Inc from any and all liability to the entrant arising in any way from the conduct of the Competition.
By entering this Competition, the entrant agrees to hold harmless, defend and indemnify Meta from and against any all claims, losses and expenses with respect to or arising out of or related to entrant’s participation in the Competition, or entrant’s participation in any prize related activities, acceptance of a prize and/or use or misuse of a prize.
The Promoter reserves the right to reasonably vary and/or modify these Specific Conditions for the duration of the Competition, and any such variations will be communicated by a re-published and uploaded version of the full Standard Terms and Conditions on the distributed platform, including but not limited to the Website. 

A.     General Terms

 

1.      Introduction

(a)    These are the General Competition Terms that govern the relationship between you, the Promoter and Sponsor when you enter this Competition and should be read in conjunction with the Specific Conditions in the above table to form the complete terms and conditions for this Competition (Terms and Conditions).

(b)    By submitting an entry into this Competition, entrants warrant that they have read, understand and agree to be bound by these Terms and Conditions

(c)    To the extent that there is any inconsistency between the Specific Conditions and the General Terms, the Specific Conditions will prevail.

2. Duration

(a)    This Competition will commence at the time set out in Item 8 of the Specific Conditions and will conclude at the time set out in Item 9 of the Specific Conditions. Entries received outside of these times will not be eligible.

(b)    The Promoter will not accept any responsibility for lost or late entries.

 

3. Entry Requirements

a.      Entrants restricted from entry in Item 6 of the Specific Conditions will not be eligible to enter the Competition and will be disqualified.\

b.      The employees of the Promoter or sponsor, any of its affiliate, parent or subsidiary companies, or any agencies associated with this competition are not eligible to enter the Competition.

c.      Entrants cannot be a spouse, defacto spouse, parent, child or sibling (whether full, half, step or by adoption) of any person included in 3(b).

d.      Unless specifically set out as a Special Condition in Item 16 of the Specific Conditions, multiple entries are accepted, however, limited to one entry per purchase. Persons may not enter or participate in it on behalf of any third party.

e.      Should the Competition require the entrant to submit a photograph, audiovisual material or other material document, as a part of entry into or participation in this Competition (”Entry Materials”):

 

                (i)     Any Entry Materials provided to the Promoter and Sponsor by an entrant as part on an entry to this Competition will not be returned to entrants. Entrants are advised to not send original material.

               (ii)     All entrants acknowledge that the Entry Material may, at the discretion of the Promoter or Sponsor, be posted on the website;

              (iii)     All entrants hereby authorise the Promoter and Spondor to use, edit and reproduce the Entry Materials;

             (iv)     all entrants agree that the Promoter and Sponsor has the right to publish and communicate to the public the Entry Materials in any media including, but not limited to, online, at all times without restriction or limitation throughout the world (including all promotional purposes);

               (v)     all entrants agree that the Promoter and Sponsor have the right to use the entrants name, likeness or other information concerning and provided by the entrant in its use of the Entry Materials;

             (vi)     all entrants agree to fully release the Promoter now and forever from and against all actions, suits, claims and demands which they may have against the Promoter arising directly or indirectly in respect of any infringement or violation of any personal and/or property rights of any sort (including without limitation defamation) from the use of the Entry Materials;

            (vii)     all entrants unconditionally waive all of their rights at any time to seek or obtain injunctive relief to prevent or restrict the Promoter’s use of the Entry Materials; and

           (viii)     all entrants warrant that they have obtained permission from any other persons featured in the Entry Materials for the Promoter to use the Entry Materials in any of the manners set out above.

(f)      Cost to enter this promotion is the responsibility of the entrant. Costs to enter the Competition will depend on the method of entry and you should seek the permission of the person paying the bill before entering. The cost to enter via the Internet may vary so entrants should check with their network operator for current charges.

(g)    If this Competition involves:

                          (i)     entry via a phone call, each call is charged at no more than 55 cents (including GST) from a fixed phone. Calls may attract a higher rate from mobile or public phones; or

                         (ii)     entry via SMS, each SMS is charged at 55 cents (including GST). To enter, entrants will need an SMS compatible mobile phone connected to a service provider that permits text messaging to the abovementioned premium SMS number. It is recommended that entrants check with their individual service provider in this regard.

(h)    Entries via SMS, website/online form or email are deemed to have been made at the time of receipt into the Promoter’s database not at the time of transmission by the entrant.

(i)      Should the Competition involve voting, the accuracy of the polling results received and published by the Promoter is final and binding and no correspondence will be entered into.

 

4. How to Enter

(a)    The Competition can be entered by the method set out in Item 7 of the Specific Conditions.

(b)    To enter, entrants must follow any requirements including submitting entries or answering any questions set out in Item 7 of the Specific Conditions.

(c)    Except where the method of entry in Item 7 is entry via SMS, all entries must include full contact details and all mandatory fields set out in Item 7 of the Special Conditions,, including name, phone number and email address. Where entry is via SMS, the details to be included in each entry will be set out in Item 7.

(d)    Any person who fails to provide the full information in the manner requested as part of the entry process will not be eligible for any Competition prize. Specifically, inaudible, incomplete, incomprehensible or late entries (whichever is applicable) will not be eligible and will be disqualified.

(e)    Where the entry mechanism in Item 7 includes logging into a website where the entrant already has a login name and password and is not creating a new profile, the entrant will be solely responsible for ensuring that all of their contact details including but not limited to postal address are correct, and have been updated if these details have recently changed. No responsibility will be taken by the Promoter for any incorrect or out of date information.

(f)      The Promoter reserves the right to disqualify any entry which in the reasonable opinion of the Promoter includes any content which may be unlawful, profane, inflammatory, defamatory to any person and/or damaging to the goodwill or reputation of the Promoter.

(g)    Unless otherwise agreed, any personal or confidential information submitted to the Promoter by any person in the course of entering or being otherwise involved in this Competition such as name, email address, residential address, telephone number will be treated in accordance with Clause 14.

(h)    Any person who fails to provide the full information in the manner requested as part of the entry process will not be eligible for any Competition prize.

(i)      The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process, or who submits an entry/claim which is not in accordance with these Terms and Conditions.

(j)      The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities, and may also use and handle personal information as set out in its privacy policy. Entry is conditional on providing this information. 

 

5. Competition Judging and Drawing

1)      The decision of the judges is final and the Promoter will not enter into correspondence or communication regarding the judges’ decisions or the drawing of the Competition even where the Promoter may not have acted reasonably or where the Promoter is shown to have made a decision in error.

2)      Subject to State regulations, in the event that the Promoter becomes aware that the same person has been selected as a Prize Winner more than once, the Promoter will cause another name to be drawn/selected in their place.

3)      Different terms apply for games of skill and games of chance, and these are outlined in Clause 5A and 5B below.

 

5A. Judging

a)      This Clause 5A is only relevant where the Competition is identified in Item 2 of the Specific Conditions as a game of skill. For games of chance please see Clause 5B.

b)      The Competition will be judged by the date listed in Item 10 of the Specific Conditions at the location specified in Item 11 of the Specific Conditions.

c)      Winning entries will be selected by appropriately qualified judges on the quality and creativity of their entry submitted in accordance with Item 7 of the Specific Conditions. Where more than one judging criterion is set out in Item 17, equal weighting will be given to each of the criteria unless otherwise specified in Item 17.

 

5B. Drawing

(a)    This Clause 5B is only relevant where the Competition is identified in Item 2 of the Specific Conditions as a game of chance. For games of skill please see Clause 5A.The Competition will be drawn at the time and on the date listed in Item 10 of the Specific Conditions at the location specified in Item 11 of the Specific Conditions.

(b)    Winning entries will be drawn at random.

(c)    Details of Prize Winners will be published in accordance with Item 14 of the Specific Conditions.

 

6. Prize Winner Notification

(a)    Prize Winner(s) will be notified by the date listed in Item 12 of the Specific Conditions.

(b)    Prize Winner(s) will be notified by the method listed in Item 13 of the Specific Conditions based on the details provided in the entry. All reasonable efforts will be made to contact Prize Winner(s).

(c)    Where the Competition is a game of skill, and the Promoter is unable to contact a Prize Winner after reasonable efforts, the Promoter may award the prize to the entry judged to be the next best entry according to the judging criteria as judged by the original competition judges.

(d)    Where the Competition is a game of chance, and the Promoter is unable to contact a Prize Winner after reasonable efforts or if a Prize Winner fails to claim a prize (other than an event-based prize as set out in Clause 9(a)(v)) within 3 months of notice being sent to the winner, the Promoter may conduct a redraw for the unclaimed or undistributed prize in accordance with Item 16 of the Specific Conditions.

 

7. Prizes

(a)    The prize(s) for the Competition is/are as set out in Item 16 of the Specific Conditions. The winning entry and their nominated school will become the “Prize Winners”. It will be the decision of the school whether the prize can be accepted as represented in these Terms & Conditions

(b)    Where prizes are specific goods, all prize values are the recommended retail value as provided by the supplier as set iyt ub Specific Condition 16 are in Australian dollars unless otherwise stated and are correct at the time of issue of these Terms and Conditions.

(c)    Where prize values are to be confirmed after the drawing/judging date (e.g. flights, transfers, or accommodation), prize values in Item 15 are maximum value estimates only, and the Promoter will be under no obligation to provide a prize to the exact value stated, or to reimburse a Prize Winner where the prize is less than the estimated value.

(d)    The Promoter takes no responsibility for variations in the prize value.

(e)    Subject to Clause 7(g), no prize in this Competition will be transferable or redeemable for any other prize, including but not limited to cash, and an entrant will not be given cash in lieu of any priz.

(f)      A winner will automatically forfeit their prize and another winner will be selected in their place if the winner is found or is reasonably suspected to be on-selling the prize to any other third party in exchange for payment (monetary or otherwise) or other goods or services, regardless of whether or not such payment, goods or services are equal to or greater than the value of the prize.

(g)    If a prize referred to in this Competition becomes unavailable for any reason the Promoter reserves the right to substitute a similar item of similar value, including in its sole discretion, providing the Prize Winner with cash to the value of any prize, subject to regulatory authority approval for games of chance.

(h)    Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner(s). Winners should seek independent financial advice prior to accepting a prize if this is a concern.

(i)      No prohibited prizes will be given away.

(j)      The Promoter, Prize Provider & Sponsor makes no representations or warranties as to the suitability of the Prizeandno compensation will be payable if, for any reason, the Winner is unable to use the Prize as stated.

(k)    The prize is valid for one (1) year from the date that it is awarded to the winner. If the Prize Winner cannot utilise the prize within this timeframe, the prize will become null and void unless an extension is granted by the Prize Provider.

(l)      The Prize Provider reserves the right to judge whether the prize can sufficiently be delivered according to its terms, conditions and policies and Australian Playground Safety Standards and may reject the site at its reasonable discretion.

(m)   Costs associated with the ongoing maintenance of the prize beyond the Prize Provider’s standard warranties (subject to terms and conditions stipulated by the Prize Provider) is to be paid for by the Prize Winner.

(n)    Costs associated with delivering the prize that exceed the prize pool value ($40,000AUD) are to be paid for by the Prize Winner.

(o)    The image of the prize represented in the campaign marketing materials is for demonstrative purposes only and is subject to change upon prize delivery.

 

8. Awarding the Prize

(a)    Prize collection may be required for games of skill only. For games of chance, the Promoter will arrange all prize delivery (except where the prize is a motor vehicle, in which case delivery or collection of the prize will be determined on a case by case basis).

(b)    If a Prize Winner is under the age of 18 at the time of awarding the prize (and this is not an entry restriction listed in Item 6) they must be accompanied by a parent or guardian when collecting any prize. Alternatively a prize may be collected by an authorised representative of the Prize Winner as agreed in writing between the Promoter and the Prize Winner. The Promoter may require any person collecting or receiving a prize to show photograph identification and/or sign a deed declaring that they have collected or received the prize before the Promoter gives the prize over.

(c)    The Promoter may require any person collecting a prize to sign a copy of these Terms and Conditions.

(d)    The Promoter may at its own discretion require any Prize Winner to submit to a police check to verify the Prize Winner’s identification details.

(e)    Once a prize has been collected or delivered the Promoter is not responsible for the use or distribution of any prize.

(f)      All prizes are subject to availability and must be used on any dates specified in these Terms and Conditions by the Promoter and/or the prize provider. Specifically, prizes may not be valid during school holidays or other peak or seasonal times designated by the prize supplier (such restrictions will be detailed in Item 17).

(g)    If Prize Winner(s) do not take any element of a prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that prize or any part of it.

(h)    The Promoter will not be responsible for replacing or retrieving any prize sent to an incorrect address based on incorrect details included in an entrant’s entry, or details that have not been updated by an entrant in any online profile associated with the entrant’s entry.

(i)      The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for personal injury suffered or sustained, as a result of taking any prize under this Competition, except to the extent that such liability cannot be excluded by law.

(j)      Where a prize involves a “meet and greet” element, the meet and greet with the celebrity/artist/public figure will be at the discretion of the celebrity/artist/public figure’s management and will at all times be subject to the availability of the celebrity/artist/public figure. The Promoter will use all reasonable endeavours to secure this prize element,but will not be liable for the failure of the winner and any accompanying guests to meet the celebrity/artist/public figure for whatever reason. Where the “meet and greet” element becomes unavailable, the Promoter may, at its sole discretion, award an alternative prize in lieu of the meet and greet, but will be under no obligation to do so.

(k)    The Promoter reserves the right to exclude any persons from the Competition on the ground of their medical condition or history, for the safety of the Promoter’s staff members or others or for any other reason, for example bringing the Promoter’s brand into disrepute. The Promoter also reserves the right to disqualify contestants if:

i)        contestant at any stage engages in, causes or incites physical violence (e.g. punching, slapping), inappropriate, illegal, unsociable or unsafe behaviour; and/or

ii)      Prize Winner is abusive, aggressive, confrontational or acts unreasonably in the Promoter’s sole discretion; and/ or

iii)     the safety of any of the Promoter or Sponsor’s  staff member’s  is compromised

(l)      Prize Winners agree to participate in any promotional activity (including photography/videography of children in line with appropriate data protection laws) promoting the Promoter, Sponsor, Prize Provider, prize sponsors and/or the Competition at the reasonable request of the Promoter and/or Prize Provider.

(m)   If the winner(s) is/are allowed to bring any guests the number of guests will also be set out in the Prize description at Item 15 of the Specific Conditions (Allowed Guests).

(n)    Any Allowed Guest also agrees to participate in any promotional activity promoting the Promoter, prize sponsors and/or the Competition at the reasonable request of the Promoter.

(o)    For Event-based prizes, if alcohol is made available as part of the prize at the Event, then this will be provided subject to the principles of responsible service of alcohol as exercised by the staff and management of the Venue. The Venue staff and management reserve the right to refuse service of alcohol to any Prize Winner or Allowed Guests should they be deemed to be intoxicated.

(p)    The winner(s) and any Allowed Guests are solely responsible for all insurance, applicable taxes and for any expenses or costs not specified in the Prize description.

(q)    Where the winner(s) is/are under eighteen (18), any Allowed Guest(s) must include a parent or legal guardian without exception.

(r)     It is a condition of accepting a Prize that the Winner(s) agrees to participate in and cooperate with all news, media / PR activities surrounding the Competition or reasonable media editorial requests, including but not limited to, being interviewed, photographed and filmed, and the Winner grants the Promoter a perpetual, irrevocable, non-exclusive, royalty free licence to use such footage and photographs in all media worldwide and the Winner will not be entitled to any fee for such use. The inclusion of any such recordings, footage or photographs (including but not limited to creative control of such recordings, footage or photographs) will remain with the Promoter(s) at all times.

 

9. Installed Prizes

a)      The prize must be delivered in collaboration with the Prize Provider and the relevant regional sales and installation partner (associate) assigned to the corresponding state of the Prize Winner.

b)      All operational and sales processes required or requested to deliver the prize must be done in accordance with the Prize Provider’s and/or associate’s terms, conditions and policies.

c)      The prize must be engineered and installed in accordance with the Prize Provider’s and/or associate’s terms, conditions and policies and designed subject to the site requirements and limitations in accordance with the relevant Australian Playground Standards (AS4685).

d)      The Prize Provider and/or associates reserve the right to judge whether the prize can sufficiently be delivered according to its terms, conditions and policies and Australian Playground Safety Standards and may reject the site at its reasonable discretion.

e)      The prize will be delivered in accordance with the Prize Provider’s standard warranty policies. The Prize Provider’s warranty information is located at: https://www.kompan.com/en/au/products/warranty

 

10. Intellectual Property

(a)    The Promoter and/or Prize Provider may record, reproduce, publish, adapt, communicate or otherwise use the entrants’ and/or Prize Winners’ performances, names, voices, and likeness for the purposes of creating or producing any television program or other audio, visual and/or audio-visual material and for advertising and publicity purposes in any media in perpetuity without needing to provide additional compensation.

(b)    Each Competition entrant grants the Promoter and/or Prize Provider a non-exclusive, irrevocable license for use throughout the world in any and all media in perpetuity in relation to any material, including without limitation Competition entries and images and/or audio-visual material included in Competition entries, submitted or provided by a Competition entrant, and/or Prize Winner in association with any Competition. The Promoter may reproduce, publish, adapt, communicate, cause to be seen and/or heard in public, license to third parties involved in the Competition or otherwise exploit use of any such material throughout the world in perpetuity and without needing to provide additional compensation to the Competition entrant.

(c)    To the extent that any entrant or Prize Winner holds any moral rights in the materials provided as part of the entry or created as a result of this Competition, the entrant or Prize Winner hereby consents to any act that, but for this consent, would be considered to breach those moral rights.

(d)    The Promoter and/or Prize Provider may require an entrant or Prize Winner to execute any document necessary to give effect to 12 (a), (b) and/or (c).

 

11. Warranties

 

(a)    Each entrant warrants and represents to the Promoter that nothing in his/her entry / entries to this Competition infringes the rights, including copyright, of any third party and is not defamatory or obscene and does not breach any state or commonwealth law.

(b)    Each entrant indemnifies the Promoter against any claim, loss or damager suffered by the Promoter as a direct or indirect consequence of a breach by the entrant of any warranty or representation contained in these Terms and Conditions.

(c)    If the Promoter becomes aware that a Prize Winner is in breach of any warranty contained in these Terms and Conditions or made subsequently to the Promoter, the Promoter may deem that Prize Winner ineligible.

 

12. Privacy

(a)    The Promoter’s Privacy Policy is located at: http://www.mtv.com.au/legal/privacy-policy

(b)    The sponsor’s Privacy Policy is located at

a.      https://www.mathers.com.au/privacy-policy

b.      https://www.williamsshoes.com.au/privacy-policy

(c)     The Prize Provider’s privacy Policy is located at:

a.      https://www.kompan.com/en/au/privacy-policy-and-security

 

(d)    We respect your rights to privacy under the Privacy Act 1988 (Cth) (Act) and we comply with all of the Act’s requirements in respect of the collection, management and disclosure of your personal information, along with notification requirements regarding an eligible data breach.

(e)    The Promoter makes no representations or warranties in relation to the privacy practices of any third party website, and is not responsible for the privacy policies or the content of any third party website, including without limitation any social media site (including without limitation, Facebook, Twitter and Instagram). Third party websites are responsible for informing you about their own privacy practices.

(f)      In order to conduct the Competition, the Promoter may collect personal information, being any information that can be used to personally identify entrants, or information that entrants are reasonably identifiable from, including without limitation, each entrant’s name, age, residential and/or mailing address (including postcode), telephone number, email address, profession, occupation or job title, IP address, nationality and/or passport and/or personal identification information (“Personal Data”).

(g)    The provision of such Personal Data may be a condition of entering any competition run by the Promoter. For competitions, the Promoter is required to collect some Personal Data under the state gaming legislation applicable to the state in which the competition is being held, for example, the Gaming and Liquor Administration Act 2007 (NSW) for competitions held in New South Wales.                                                                                   

(h)    The Promoter may disclose such Personal Data to third parties, including without limitation, the Promoter’s parents, related and subsidiary companies, past present and future officers, agents, representatives, employees, contractors and assigns, service providers, prize suppliers in connection with the Competition. For the avoidance of doubt, such third parties may be located outside of Australia in accordance with our Privacy Policy/

(i)      The Promoter may use such Personal Data:

                            i.     in connection with the Competition which the entrant entered, including without limitation for the purposes of sending electronic messages, social media communications, VOIP communications and/or telephoning entrants;

                           ii.     for any purpose to which an entrant gave his/her express consent on entry;

                          iii.     as set out in these terms and conditions; and

                         iv.     in accordance with the Promoter’s Privacy Policy, located at: http://www.mtv.com.au/legal/privacy-policy

 

(j)      Such Personal Data will be entered into a database and will be stored at the office of the Promoter.

(k)    Entrants may request to access, edit, correct and/or opt-out their Personal Data in accordance with the Promoter’s Privacy Policy by contacting the Promoter on vimnau.privacy@vimn.com and/or the Sponsor Legal@Munrofg.com

(l)      Entrants may direct any complaint related to treatment or use of their Personal Data to vimnau.privacy@vimn.com that will be dealt with in accordance with the Promoter’s privacy policy.

(m)    Entrants may direct any complaint related to treatment or use of their Personal Data to Legal@Munrofg.com that will be dealt with in accordance with the Sponsor’s privacy policy.

(n)    By entering the Competition and agreeing to these terms and conditions, each entrant consents to the Promoter’s use of their Personal Data as set out in this clause 12 of these terms and conditions and in accordance with the Promoter’s privacy policy.

 

13. General

(a)    If for any reason this Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile phone failure, tampering, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right (subject to State/ Territory regulations) to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes the same.

(b)    The Promoter shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner(s) and/or any Allowed Guests and/or parent(s)/legal guardian(s) under these Terms and Conditions if such delay or failure is caused by circumstances beyond the Promoter’s reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes or arising without limitation out of or in connection with:

                                         (i)     the activities of third party event organisers;

                                        (ii)     any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or

                                       (iii)     by third parties providing accommodation included in the Prize.

 

For the avoidance of doubt, the affected Prize Winner(s) and/or any Allowed Guest(s) and/or parent(s)/legal guardian(s) shall be solely liable for any additional costs incurred as a result.

(c)    These Terms and Conditions are to be construed according to the laws of New South Wales, Australia and are subject to the non-exclusive jurisdiction of the courts of that State.

YOUR INFORMATION

You must ensure that all information provided by you in making use of this website is and remains accurate and complete.

ORDERS

We reserve the right to accept or reject your order for any reason, including, without limitation, the unavailability of product, an error in the price or the product description posted on this website, or an error in your order. We may also cancel your order if you provide erroneous or insufficient information in relation to your credit card details (including number, expiration date or card security value, if required), billing information or shipping address.

PRICES AND PRODUCT DESCRIPTIONS

Care is taken to provide product prices and descriptions on the website that are as precise as possible, however we cannot guarantee the accuracy of all information posted. Prices may be subject to change due to circumstances beyond our control and typographical errors may occur. Prices online may vary from prices in-store due to special promotions, regional variations or mark downs.

We will do our best to ensure that our products on the website are reproduced as accurately as possible, however there may be subtle colour variations between the actual product and the website.

PROHIBITED CONDUCT

You must not:

  1. provide false information when making any orders through the website;
  2. tamper with, hinder the operation of, or make unauthorised modifications to the website; or
  3. modify, adapt, translate, or reverse engineer any portion of the website.

NO REPRESENTATIONS

We make no representations about the accuracy, reliability, completeness or timeliness of the content of this website. The content of this website may contain inaccuracies or typographical errors. Your use of this website and the content is at your own risk. Changes are made periodically to the content of this website and may be made at any time.

BINDING CONDITIONS AND VARIATIONS

These Terms and Conditions set out the entire understanding between Us and you with respect to their subject matter. We may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on this website. The amended Terms and Conditions will be effective immediately and you will be bound by the amended Terms and Conditions from that time. These Terms and Conditions may not be amended otherwise. You should visit this page periodically to review the Terms and Conditions.

EXCLUSIONS AND LIMITATIONS OF LIABILITY

All statutory or implied terms, conditions or warranties concerning the quality or condition of this website or any goods, information, service, material, advice or recommendation supplied by Us to you through this website is excluded to the fullest extent permitted by law. If We breach any term, condition or warranty which is implied by law and which cannot lawfully be excluded, Our liability for a breach of the applicable term, condition or warranty is limited, to the extent permitted at law, to, at Our election: (a) the resupply of the relevant goods or service; or (b) the payment to you of the cost of having the relevant goods or service supplied again. Except to the extent that liability may not lawfully be excluded, We will not be under any liability to you (or any of your officers, agents or employees) for any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage (including without limitation consequential loss or damage,) however caused (including without limitation due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use of this website or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or Our negligence or Our breach of Our obligations under these Terms and Conditions.

We do not warrant that any of the functions contained in this website or your access to this website will be uninterrupted or error-free, or that any notifications, will be made in a timely manner, or at all.

INDEMNITY

You must indemnify Us and hold Us harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of these Terms and Conditions, your access and/or use of this website or reliance on its contents or information received through it by you or any person accessing any content through you.

LINKS TO OTHER SITES

We may from time to time publish links to other websites on this website. Contents, hyperlinks or information held on other sites is not under Our control and We are not responsible for the content of any such sites or any hyperlink contained on such sites. You agree to any terms of access or use imposed by those linked sites. We do not endorse any material on any linked sites and do not provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on any linked sites, nor do we warrant that material on any linked sites does not infringe intellectual property rights of any other person. Any dealings you have with a linked site are at your own risk. We accept no liability for any act, omission or default, whether negligent or otherwise, or any loss or damage occasioned by such negligent act or omission of any service provider or third party in respect of a linked site.

COPYRIGHT AND TRADE MARKS

The materials displayed on this website, including without limitation all information, text, graphics, names, logos, trade marks, design, software and advertisements ("Content") are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on this website. You may access and display these pages on a computer or a monitor, and print out for your personal , non-commercial use any page or part of any page of this website. All other use, copying or reproduction (including reproduction on any other website) of any part of this website is prohibited unless expressly stated otherwise. You must not use this website in any manner or for any purpose which is unlawful or which violates the rights of any owner of any content. Unless expressly stated otherwise, nothing contained in this website should be construed as a licence or right of use of any trade mark displayed on the website without the express written permission of the owner of the trade mark.

VIRUSES

We do not represent or warrant that this website and any other information or material contained in, downloaded or accessible from this website, is free from computer viruses, worms, trojans or any other harmful code which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

GOVERNING LAW

The laws of Queensland govern these Terms and Conditions, and you submit to the exclusive jurisdiction of the Courts of Queensland and the Federal Court of Australia.

TERMINATION

We may terminate these Terms and Conditions and your access to this website at any time without notice. In the event of termination you are no longer authorised to access the website. All restrictions imposed on you, disclaimers and limitations of liability set out in these Conditions or Use will survive termination. We reserve the right to withdraw access to this website at any time without notice. You must terminate your link to this website if we request you to do so, either directly or by notice on this website.

© 2022 Munro Footwear Group Pty Ltd