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Terms and Conditions
 

Terms and Conditions

Here we go then, first go grab a coffee or a hard drink, Vodka is good, and that comfy stool would do your butt justice as well, oh and you may need a dictionary too, sorry thats the legal profession for ya.

This legal statement contains the terms and conditions governing this Site, www.haard.com.au or www.haardbodyware.com By using this Site, you expressly accept and agree to abide by all the terms and conditions contained in this Legal Statement. HAARD Bodywear its owner, staff and all people directly involved with the running of HAARD Bodywear are included in the term www.haard.com.au

Acceptance of Terms

Product Information & Colours

Terms and Conditions of Trade

Visitor Conduct

Trademarks and Copyrights

International Users

Content submitted or made available for inclusion on the site.

Indemnity

Links

Inaccuracy Disclaimer

Disclaimer of Warranties and Limitation of Liability

 

Acceptance of Terms

 

PLEASE READ CAREFULLY. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE TO ALL TERMS, CONDITIONS AND NOTICES CONTAINED OR REFERENCED HERIN (THE “TERMS OF USE”). If you do not agree with any of the below Terms of Use, do not use this site, simple as that.

 

HAARD Bodywear reserves the right, at any time, to modify, alter, or update these Terms of Use, please check the Terms periodically for changes. Your continued use of this site, following the posting of any such modifications, alterations or updates to the Terms of Use constitutes acceptance of those changes.

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Product Information & Colours 

Most HAARD Bodywear Products' products displayed at the Site are while supplies last. In some cases, merchandise displayed for sale at the Site may not be available. The prices displayed at the Site are quoted in Australian Dollars and are valid and effective only in the Australia.

We have made every effort to display as accurately as possible the colours of our products that appear at the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Although all information on this website and in our print catalogues has been carefully checked for accuracy, typographical errors and omissions occur and are therefore subject to correction. We regret any inconvenience

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TERMS AND CONDITIONS OF TRADE

 

WE WANT TO SAFEGUARD OUR CUSTOMERS' CREDIT CARDS FROM BEING MISUSED. IF YOU HAVE LOST IT, OR HAD IT STOLEN, YOU WOULD NOT WANT US TO TAKE UNAUTHORISED TRANSACTIONS ON IT. DON'T BE A VICTIM OF THIS INTERNET FRAUD.

Because of  limitations with security checks we may not be able to ship to the following countries: China, Romania, Indonesia, Singapore, Hungary, Belarus, Bulgaria, Estonia, Latvia, Lithuania, Ukraine, Russia, Yugoslavia, Macedonia, Philippines, Burma, N/S Vietnam, Laos, Thailand, Malaysia, N/S Africa, some South American countries, and most African countries. We will inform you at the time you place your order if we can ship to your country.

  • Countries in Eastern Europe and the FAR EAST often have a different method of listings in their telephone directories. E.G., The Family/second name may be listed first. Some nationalities have "double" family names. For example: Uribe Garcia. The full name may be Jose Maria Uribe Garcia. In the Far East most people have two family names, for example: Kwai Chung, first name Lee, this should be submitted as Lee Kwai Chung. Far East Countries such as China, Taiwan, Singapore, Hong Kong, Philippines, and Korea are notoriously bad at checking listings. If we cannot trace you, we cannot process your order. Please help us by giving as much detail as possible.
  • We cannot deliver to PO BOXES, unless you also give us the complete postal BILLING address of the credit card statement.
  • We can only accept returns of FAULTY goods or those sent in ERROR. Because of hygiene regulations we CANNOT exchange items because you have chosen the wrong size or colour. PLEASE refer to our sizing chart.
  • If you think you need to return any item of underwear or swimwear you must telephone/fax (61) (3)9529 6440, or email customerservice@haard.com.au and OBTAIN AUTHORISATION BEFORE returning the goods.
  • Complete the order form IN FULL. Give your full name, address and telephone number. Do NOT abbreviate any part of your name and address.
  • We prefer that you don't give us MOBILE telephone numbers.
  • Given/First/Christian name * Middle name or initial * Family/Second/Surname. DO NOT abbreviate any part of your name or address.
  • The address you give us for BILLING should be that to which the credit card statement is sent.
  • We may use your telephone number to call you, as we are aware that you may not be the person to answer. Therefore it is ESSENTIAL that you give your CORRECT EMAIL ADDRESS. We may need to advise you on delivery, or delays to your order.
  • If you choose the wrong shipping area, we will correct this when we receive your order.
  • MAIL ORDER: If you wish to use Mail Order instead of our online credit card system, you must pay by Postal Order (It is unwise to send cash in the post). If you are not in Australia, please pay by International Money Order in US Dollars or Australian Dollars, made payable to HAARD Bodywear, at the address below.

HAARD Bodywear
P.O. Box 2276
Prahran 3181
Victoria
Australia

  • This notice forms part of our Terms & Conditions which We reserve the right to change our Terms & Conditions at any time

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Visitor Conduct

You agree to abide by www.haard.com.au Rules of User Conduct, including but not limited to, being over 18 years of age if submitting photos, and agreeing not to use this site for any unlawful purpose. You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you and not www.haard.com.au are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available to this Service.
You agree to not use www.haard.com.au to:

  • Upload, post, email, transmit or otherwise make available any Content that is unlawful, vulgar, obscene or racially, ethnically or otherwise objectionable
  • Harm minors in any way
  • Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual obligations
  • Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  • Interfere with or disrupt www.haard.com.au or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
  • Intentionally or unintentionally violate any applicable local, state, national or international law.

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Trademarks and Copyrights

The trademarks, logos and service marks (collectively the “Trademarks”) which you see on this site are registered and unregistered trademarks of HAARD Bodywear. Nothing on this site grants to you any license or right to use any Trademark displayed on this site without the written permission of the owner of the Trademark. Your use or misuse of the Trademarks displayed on this site, or any other content on this site, is strictly prohibited.

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by HAARD Bodywear  you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Modification of the materials or use of the materials for any purpose other than your won personal, non-commercial, home use is a violation of the copyrights and other property rights held by HAARD Bodywear and affiliated companies. The use of any such material on any other Web site or networked computer environment is prohibited.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify www.haard.com.au at customerservice@haard.com.au

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International Users

Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside. In more simple terms, www.haard.com.au makes no representation that materials on this site are appropriate or available for use in locations outside Australia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

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Content submitted or made available for inclusion on the site.

HAARD Bodywear appreciates your comments regarding our merchandise and services, including our Internet Site. Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of content you submit. www.haard.com.au reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

Any notes, messages, billboard postings, ideas, suggestions, designs or other material which you submit to HAARD Bodywear will become property of www.haard.com.au If you do post content or submit material, and unless we indicate otherwise, you grant www.haard.com.au and its affiliates a nonexclusive, royalty free, perpetual, irrevocable and full sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media whether now known or later developed. You grant www.haard.com.au and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify www.haard.com.au or it affiliates for all claims resulting from content you supply. Www.haard.com.au has the right but not the obligation to monitor and edit or remove any activity or content. Www.haard.com.au takes no responsibility and assumes no liability for any content posted by you or any third party.
You agree that www.haard.com.au may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of www.haard.com.au products or services, or for such other purpose(s) as www.haard.com.au deems appropriate.

  • With respect to Content you submit or make available for inclusion on the Site, you grant www.haard.com.au and its affiliates a nonexclusive, royalty free, perpetual, irrevocable and full sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media whether now known or later developed. This license exists only for as long as you elect to continue to include such content on the Site and will terminate at the time you request removal or HAARD Bodywear removes such Content form the Site.
  • With respect to photos, graphics, audio or video you submit or make available for inclusion on the Site, you grant www.haard.com.au and its affiliates a nonexclusive, royalty free, perpetual, irrevocable and full sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media whether now known or later developed
  • With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on the Site, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

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Indemnity

You agree to defend, indemnify and hold HAARD Bodywear the owner, directors, subsidiaries, affiliates companies and their employees, contractors, officers, agents, co-branders or other partners, and employees and directors, harmless from all liabilities, and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site the  Content you submit, post, transmit or make available through our Site, your use or misuse of the Site, your connection to the Site, your violation of the Terms of Service, or your violation of any rights of another.

Neither HAARD Bodywear nor its affiliated or related entities or its vendors or content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting form any HAARD Bodywear information or opinions provided on the HAARD Bodywear site or from the use of, or the inability to use, HAARD Bodywear materials on the site. You specifically agree that HAARD Bodywear is not liable for any defamatory, offensive or illegal conduct of any user. If you are offended, dissatisfied with HAARD Bodywear or the materials on the site, or with any of HAARD Bodywear Terms of Use, your sole and exclusive remedy is to discontinue using the HAARD Bodywear site.

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Links

This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of www.haard.com.au, and you acknowledge that www.haard.com.au is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by www.haard.com.au or any association with its operators.


To the extent that this Site contains links to outside services and resources, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. You further acknowledge and agree that www.haard.com.au shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

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Inaccuracy Disclaimer

From time to time there may be information on www.haard.com.au Products that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your HAARD Bodywear Products purchase you may return it but please see our Return Policy on our web site before doing so.

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Disclaimer of Warranties and Limitation of Liability

 

  • THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  • HAARD BODYWEAR, ITS SUBSIDIARIES AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT HAARD BODYWEAR SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPNSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM WWW.HAARD.COM.AU OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS
  • TO THE FULL EXTENT PERMISSABLE BY APPLICABLE LAW, WWW.HAARD.COM.AU DISCALIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WWW.HAARD.COM.AU DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WWW.HAARD.COM.AU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WWW.HAARD.COM.AU WILL NOT BE LIABLE FOR ANY DAMAGES OR ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTA, PUNITIVE AND CONSEQUENTIAL DAMAGES.

THE MATERIAL THAT YOU READ OR VIEW AT WWW.HAARD.COM.AU IS PROVIDED SOLEY FOR ENTERTAINMENT, PROMOTIONAL AND COMMERCE PURPOSES.

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HAARD Bodyware, Logos and Emblems are registered Trade Marks of HAARD Bodyware