Terms of Use

TERMS OF USE

  1. Who we are and how to contact us

Our site is operated by Ultimate Underwear Club Ltd (ABN 88776733413) ("we", "us", "our") of www.ultimateunderwear.club. To contact us, please email support@ultimateunderwear.club

  1. By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

  1. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy. See further below under the section "How we may use your personal information”.
  • Our Cookie Policy, which sets out information about the cookies on our site."

If you purchase goods from our site, our Terms and Conditions of Sale will apply to the sales. To the extent of any inconsistency between these terms and our Terms and Conditions of Sale, the Terms and Conditions of Sale prevail.

  1. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

  1. We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

  1. We may suspend or withdraw our site

Our site is made available free of charge.

We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

  1. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will notify you (by publication on our website) if this happens and we will ensure that the transfer will not affect your rights under these terms.

  1. Application of these terms

The “Ultimate Underwear Club” products are currently available for purchase internationally.

  1. You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@ultimateunderwear.club. You are responsible for any acts or omissions made using your account credentials, including any purchases, until we have been notified by you of the issue and have suspended your account.

  1. How you may use our site and the material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and other laws in Australia and around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site or use any of the material published on it in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You must not:

o             use our site in breach of any applicable laws;

o             use the site to harm, abuse, harass, stalk, threaten or otherwise offend others;

o             interfere with, disrupt, or create an undue burden on the site;

o             use any method or process (including data scraping) for the purpose of copying or modifying the content on our site; or

o             do anything which will or is likely to damage, disrupt access to or interfere with the proper operation of our site.

By uploading, transmitting, posting or otherwise making any material including without limitation any text, data, photos, and audio-visual content available via our site ("User Content"):

o             you retain ownership of the intellectual property rights (if any) in the User Content;

o             you grant to us a non-exclusive, worldwide, royalty-free, transferable, perpetual licence to use, copy, modify and exploit the User Content in any form, in any media and for any purpose, including the right to sub-licence.

o             you unconditionally consent to us and our successors, our assigns and sub-licensees using the User Content in a manner which would (but for this clause) infringe any of your moral rights (as defined by the Copyright Act 1968 (Cth)) in the User Content;

o             you acknowledge that, unless we expressly state otherwise at the time you upload the User Content, User Content will be considered non-confidential and may be viewed by the public (including by other users of our site);

o             you warrant that to the extent your User Content contains any personal information or images of any individuals; you have obtained the prior written consent of such individuals for us (and our sub-licensees) to use such personal information and images as part of the User Content in the manner contemplated by these terms without needing to pay any royalties or other amounts to such individuals;

o             you agree we may modify or remove any User Content on our site without notice. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you on our site breaches their rights (including intellectual property rights, moral rights or privacy rights or of their right to privacy); and

o             you agree to indemnify us, our related bodies corporate, and each of their respective officers, directors, agents and employees (collectively "those indemnified") from and against any claims or allegations (including all legal fees and costs) made against any of those indemnified by any third party that our receipt or use of the User Content infringes any third party rights (including intellectual property rights, moral rights or privacy rights) or breaches any law.

To the extent permitted by law, we are not responsible for, and accept no liability with respect to any User Content.

  1. Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our site, to the extent permitted by law and without limiting any of our obligations under the Australian Consumer Law (see section 13.1 below), we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

  1. We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources and if you decide to use or rely on any such third-party sites, content or resources, you do so solely at your own risk.

  1. Warranties and Liability

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale

o             13.1 Australian Consumer Law

In these terms:

  • "Australian Consumer Law" means schedule 2 of the Competition and Consumer Act 2010 and any equivalent state or territory legislation;
  • "Consumer" has the meaning given in the Australian Consumer Law; and
  • "Consumer Guarantee" has the meaning given in the Australian Consumer Law.

The Australian Consumer Law provides Consumers with several Consumer Guarantees that cannot be excluded or limited. The limitations of liability set out in these terms are therefore subject to and will not apply to the extent that they limit or exclude any Consumer Guarantees that may apply to you if you are a Consumer. However, where the Australian Consumer Law permits us to limit the remedies for a breach of such Consumer Guarantees we do so in accordance with section 13.2.

o             13.2 Exclusion of implied terms

All implied terms, conditions, guarantees and warranties which otherwise might apply to or arise out of these terms are excluded other than:

  • those set out in these terms; and
  • any term, condition, guarantee or warranty which cannot lawfully be excluded or modified by agreement under applicable laws including the Consumer Guarantees under the Australian Consumer Law ("Non-excludable Terms").

Our liability to you in connection with these and the supply of any goods or services (including in respect of any breach of or failure to comply with any Non-excludable Terms, where it is permissible under applicable law to limit liability for such Non-excludable Term) is limited to (at our option):

  • in the case of goods – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or
  • in the case of services – supplying the services again or paying the cost of having the services supplied again.

o             13.3 Disclaimer and exclusions and limitations on liability

To the maximum extent permitted by law and without limiting your rights and remedies and our obligations under the Australian Consumer Law (which are subject to sections 13.1 and 13.2 above), you acknowledge and agree that:

  • given the nature of our site, our site and its content cannot be guaranteed to be error free, uninterrupted and available at all times;
  • our site (including all content therein) is provided on an “as is” and “as available” basis;
  • we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site;
  • use of or reliance on any content displayed on our site;
  • any incompleteness, inaccuracy or unavailability of information provided (or unable to be provided) via our site;
  • corruptions to or loss of data, errors or interruptions occurring in the course of using our site;
  • any interference or damage to your devices or your computer systems which arises in connection with accessing or using our site; and
  • we will not be liable to you in connection with these terms for:
  • loss of profits, sales, business, or revenue;
  • loss of data;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage,

that you suffer or incur, whether arising under contract, tort (including due to our or any other person's negligence), under statute or otherwise.

  1. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy

  1. We are not responsible for viruses, and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

  1. Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact support@ultimateunderwear.club

  1. Which country's laws apply to any disputes?

These terms are governed by the laws of Western Australia, Australia, and you submit to the non-exclusive jurisdiction of the courts in that State.

  1. Trademarks

"Ultimate Underwear Club" and the "Ultimate Underwear Club" logo is owned by Ultimate Underwear Club (ABN 88776733413) and are used by us under licence.