The terms “we”, “us” and “our” used in this website disclaimer refers to R & G Sports Pty Ltd ACN 080 652 008, trading as TURF’N'SURF WEAR, whose registered office is at Unit J, 134-140 Old Pittwater Road, Brookvale, New South Wales, Australia, 2100, (“R & G”).
By using www.fitflop.com.au (“Website”), you agree to this legal disclaimer in full in respect of the Website. Access to the Website is provided only in accordance with the terms of this disclaimer and all applicable terms on this Website.
The content contained in this Website is subject to change from time to time without further notice. Whilst every effort is made to ensure that the website is accurate and up to date, we do not warrant, nor do we accept any liability or responsibility for the completeness or accuracy of the content, or for any loss which may arise from reliance on the information contained in this website. You acknowledge and agree that TNS make no warranty that the Website will be timely or defect and error free, meet your requirements or will be uninterrupted. We do not warrant that any servers or equipment will be free of viruses or bugs or that any defect will be fixed promptly or at all.
Third Party Material /Product Claims
We will not be responsible or liable to you for any damage caused by or loss of any content or material uploaded or transmitted through the Website including in particular any third party content or comments, photos, product reviews, endorsements, opinions, comments or other testimonials or any other specific online user activities.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any content or material uploaded or transmitted by you through the Website (including comments, photos, product reviews, endorsements, opinions, testimonials) or any non-compliance with or breach of the terms of this disclaimer by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your personal data and information.
In addition, TNS makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information, third party content or material and related graphics published in this Website.
The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of TNS howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Every effort is made by TNS to verify and substantiate any claims made by TNS on the Website. Many product claims can also be substantiated by relevant trials, patent applications, research and other evidence. The products offered or promoted on the Website are not medical products. Notwithstanding any third party content or promotional or marketing material, the products may produce different results for different for different users.
By offering information, products or services via www.fitflop.com.au, no solicitation is made by us to any person to use such information, products or services in any jurisdiction where the provision of such information, products or services may be prohibited by law.
TNS is the licensee of the “FitFlop” trade and brand name, trade mark and get-up in. All other trade marks, brand names, product names and titles, copyrights and other intellectual property rights used in this Website are trade and brand names, trade marks, product names, copyrights or other intellectual property rights of their respective holders. No permission is given by TNS in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.
In listing your place of residence and address in our applicable form or subscription, you are representing to us that you are entitled to use this Website and the services without restriction by the laws of your residence or applicable jurisdiction. This is a representation on which we rely prior to granting you access to the Website and use of the TNS products or services including participation in any TNS reviews or forum.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner, subject always to the Website General Terms and Conditions. By access and use of the Website, you agree to comply with all terms and conditions, all applicable laws, statutes and regulations relating to the Website and any transactions conducted on or through the Website.
Links to other websites
Users of the Website may have access to other sites in order to provide information, access to products or value to users. Where we provide such links to other websites or resources, we do so for you to access at your sole discretion.
We do not accept any responsibility for the content of any external websites which we link to or which may link to the Website. We do not have any control over external websites, and you are solely responsible for complying with the terms of those sites.
Accordingly, you acknowledge and agree that access to any external or linked websites shall be at your sole risk. By accessing such external linked websites, you accept and undertake to us that you have chosen to enter website at your sole discretion and risk. You accept and acknowledge that TNS shall do not directly or indirectly recommend or endorse the contents of such websites. TNS shall not under any circumstances be responsible for the availability of such external sites or resources.
By accessing such linked external websites, you will be subject to their data protection and privacy policies or practices and other site content. TNS shall have no liability whatsoever for any loss, offence or damage suffered or resulting from any use of such sites or in connection with your use of any external linked website, including in respect of any reliance placed by you on any comments, representations, marketing or advertising materials, products, services or other materials.
If you wish to link to our Website, please contact firstname.lastname@example.org. All links to our Website shall be subject to our Linking Terms and Conditions.
When you access this Website, you may provide or we may ask you to input and we collect certain personal data and information. Such information may include your contact details,details of purchases, location or computer information or other site usage information. Such information will be collected in accordance with the law, for contractual purposes to process your orders, administer the Website, monitor quality and/or improve the services provided to you.
Exclusion of Liability
TNS will use reasonable endeavours to verify the accuracy of any information that is placed by us on the Website, but we make no warranties, whether express or implied in relation to its accuracy.
Further, we do not give or make any representation or warranty or condition as to the accuracy, completeness, reliability, or timeliness of the content or services provided by TNS. We make no warranty that the Website will be uninterrupted, free from viruses or error-free or that any defects can be corrected. Your use of the Website is at your own risk.
The products and services provided on the Website are to be used by consumers, businesses, tradesmen, individuals or companies wanting to review the products or participate in the online services. The online services on the Website should not be for speculation of any kind whatsoever.
TNS (and our affiliated companies, including without limitation FitFlop Limited) shall not be liable to you for any loss of income, profits, contracts, data or for any indirect or consequential loss or damage of any kind howsoever arising, and whether caused by tort (including negligence), breach of contract or otherwise in relation to the use of the Website. None of TNS or any of its directors, employees, other representatives or affiliated companies (including without limitation FitFlop Limited) will be liable for loss or damage arising out of or in connection with the use of the Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Except in respect of death or personal injury resulting from TNS’s negligence or as otherwise expressly provided herein, all other conditions, warranties or legal remedies are excluded to the full extent permissible by applicable law.
The above exclusions and limitations apply only to the extent permitted by law and none of your statutory rights as a consumer (if applicable) that cannot be excluded or limited are affected.
We shall be entitled to change, alter, modify or withdraw this Website (including any applicable terms and conditions) at anytime without notice. We shall not be liable to you or any third party for any such change, alteration, modification or withdrawal of this Website. Your continued use of the Website following such change shall be deemed your acceptance of such change to this Website. If you do not agree to or accept any change to the Website, (including any applicable terms and conditions), please stop using the Website immediately.
We may choose to terminate your use or access of any part of FitFlop.com.au at any time and without further notice if you are in breach of this disclaimer or our any applicable terms and conditions on this website, or for any other reason. We reserve our rights to cease operating this website at any time and without further notice to you or any third party.
This disclaimer together with our applicable terms and conditions and rules (as amended from time to time) on this Website constitutes the entire agreement between us and you in relation to use of our website and supersedes all previous agreements in respect of your use of our website.
This disclaimer is governed by Australian law. Any dispute, which cannot be resolved between us, shall be subject to the exclusive jurisdiction of the courts of Australia.