TERMS AND CONDITIONS OF USE OF THE WEBSITE
Date: September 2021
Welcome to www.balenciaga.com/au/ (”Website”).
The Website is owned and operated by Balenciaga, a company incorporated under the laws of France with a share capital of 23.271.525 €, registered with the Paris Trade and Corporate Register under unique identification number 775 668 122, with registered office at 40, rue de Sèvres 75007 Paris.
These ToU applies to your access to, and use of, the Website, and the services available through the Website (“Services”).
When accessing the Website and using the Services for the first time, you will be asked to agree to these ToU. If you do not agree to be bound by these ToU, you must cease using the Website or the Services .
We reserve the right to amend or update all or part of these ToU from time to time at our discretion. We will always post the most current version of these ToU on the Website and display the “Last Updated” date to reflect the date of the changes. Please consult these ToU from time to time to take notice of any changes we made, as they are binding to you.
Please note that, when visiting the Website for the first time after changes to the ToU have been uploaded, you will be asked to agree to the updated ToU. If you do not agree with the revised ToU, please stop using the Website.
1. Accessing the Website, Registration and Subscription to the Services
1.1. You are responsible for making all the necessary arrangements for you to have access to the Website. You may set-up an account or subscribe on the Website to our Services as available from time to time, using an email address and password (“Account Details”). You are responsible for maintaining the confidentiality and security of your Account Details and accept sole risk for all activities that occur under them (including the activities of persons who access our Website using your Account Details). You agree to notify us if you become aware of, or suspect, any unauthorized use of your Account Details. Any information and details provided by you to us must be accurate, true and up to date in all respects and at all times.
1.2. The Services are generally not intended for persons under the age of majority in your country or for adults under guardianship. If you are under this age, please do not use the Website or register for, or subscribe to, the Services. If we learn that you are under this age (or fraudulently misrepresented your age during the registration or subscription process), we will promptly cancel your registration, or subscription, if any, and stop providing you with the Services. We advise parents or guardians of minors or guardians of adults under guardianship using the Website that is important that they communicate with such minors or adults under guardianship, as applicable, about their safety online and potential risks on them.
2. Privacy and Cookie Policies
3. Use of the Website
3.1 You agree that in using the Website, you will not:
a. provide false or otherwise misleading information or impersonate another person;
b. use anyone else’s account without the permission of the account holder;
c. use the Website in any way that interrupts, causes or may cause damage to the Website, impairs the Website’s availability or accessibility or renders the Website less efficient;
d. circumvent or attempt to circumvent the Website’s security measures and tamper with the technology that forms part of the Website;
e. obtain or attempt to obtain any information, materials or documents not purposely made available through the Website through any means (such as personal data, financial or other confidential or sensitive information);
f. breach any applicable law;
g. use the Website for any unlawful purpose or in a way which infringes the rights of any third parties;
h. upload, post or otherwise transmit via the Website any content that:
(i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, racially, ethnically, religiously or otherwise inappropriate;
(ii) constitutes unauthorized disclosure of personal data or confidential information;
(iii) infringes the intellectual property rights of any party;
(iv) contains viruses or other form of malware.
3.2 We reserve the right to cancel your registration or subscription, and/or block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services at any time, without notice and without liability to you, if your use of the Website is in breach of any of your obligations under these ToU, or any other provisions of these ToU, without prejudice to any other remedies available to us under applicable law and under these ToU.
4. Electronic Services
Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone). You agree that we may contact you for Services - related issues - by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.
5. Intellectual Property Rights
5.1 Our Website and all of the information and materials included on it including the design, layout, look, appearance, graphics, organization of the contents of the Website, photographs, images, illustrations, text, fonts, video, music, sound, audio clips, logos, trademarks - whether they are registered or not, figurative or not - all other marks, service marks, brand names, trade or business names, domain names and URLs, software (“ Content”) are either owned or licensed by us, and are protected by applicable copyright, trademark, patent or other intellectual property laws around the world. We reserve all such rights.
5.2 You are permitted to download and print Content from the Website for your personal use but are not allowed to use such Content for any commercial or business purposes. You must not copy or reproduce (except where the copy or reproduction is made for personal non-commercial use), publish, disclose, distribute, provide to the public, republish, communicate, display, remove, delete, add to, the Website Content or create derivative works of any of the Website Content for any purpose, unless authorized to do so in writing by us or our licensors.
5.3 Except if permitted under the Copyright Act 1968 (Cth), any use which is not expressly permitted by these ToU is prohibited. Unauthorized use of the Website or the Content contained on it may violate applicable intellectual property laws or other laws.
6. Submitted Materials
6.1. We appreciate hearing from you. You acknowledge and agree that any suggestion, proposal, creative ideas, concepts, photos, text or any other contents and materials (with the exception of personal information) uploaded or sent to us through this Website or otherwise (“ Submitted Materials”) will be considered non confidential and non-proprietary. You retain all of your ownership rights in the Submitted Materials, but by uploading Submitted Materials, unless otherwise explicitly stated by you, you hereby grant us a worldwide, irrevocable, free of charge, non-exclusive license to use, operate, store, copy, reproduce, modify, publish, distribute and make it available to third parties any such Submitted Materials, or any part thereof, in any form and media now known or which shall become known in the future for any purpose, including advertising, promotional or products development or other commercial purposes, and for the duration of protection of such Submitted Materials.
6.2. Whenever you upload content or Submitted Materials to our Website, or make contact with other users of our Website, you must comply with the “Use of the Website” provisions set out above in Section 3.1.
6.3. You are fully responsible for the content or accuracy of any Submitted Material or any postings you make.
6.4. We reserve the right to reject or delete any Submitted Materials or remove any postings you make on the Website, for any or no reasons, including if such Submitted Materials or postings, in our judgment, violate these ToU and in particular do not comply with the “Use of the Website” provisions set out above in Section 3.1.
Links to Third Party Sites
7.1 The Website may include links to third-parties’ websites (“ Linked Sites”). We have no control over such Linked Sites and will not be responsible or liable for the availability of the Linked Sites or for their content.
7.2 These links are provided solely for your convenience to provide further information and the inclusion of such links does not constitute, and should not be interpreted as, in any way, an endorsement by us of such Linked Sites or their contents, products or services, their privacy and security practices or the manner in which they conduct their operations. If you choose to access Linked Sites, you do this at your own risk. Your use of Linked Sites is subject to the terms and conditions of the third parties operating and providing them. Any question or comment related to these Linked Sites must be addressed to the relevant operators.
Links to our Website
7.3 You are not permitted to frame the Website or its Content on any other website, or to link to our Website, any page of it and/or to the Content, without our prior written consent.
8. Exclusion of Warranties
8.1 This Website, its Content and Services are provided free of charge on an “as-is” and “as available” basis. Although we make all reasonable efforts to ensure that the Website is accessible at all times (except during maintenance) and secure we exclude, all warranties or guarantees in connection with this Website, its Content or Services, to the extent permitted by law. By way of example, we do not guarantee that the Website will always be available, without interruption or errors in functioning, or that it will be safe from malicious programs (such as viruses, bugs, malware or similar), or that it is suitable for any particular purposes, and expressly declines any such warranties.
8.2 We work to ensure that the information made available through the Website is accurate and up to date. However, we cannot guarantee the accuracy of such information (including the Content) or that such information is free from errors or omissions and we make no warranty, and shall have no liability, in respect of the same. We reserve the right to update and/or correct the information, Content or the Website at any time without notice and without any liability.
9. Limitation of Liability
9.1 We accept liability to you for direct losses and damages caused by our breach of our obligations under these ToU. Subject to Section 9.3 below, our aggregate liability under these ToU shall in no event exceed the price of the product purchased by you on the Website.
9.2 To the maximum extent permitted by law, you also undertake that you will not claim any possible compensation from us, our licensors, service providers, distributors, managers or directors in any form, including but not limited to:
(a) losses and damages not caused by our breach;
(b) indirect losses and damages;
(c) losses or damages arising out or resulting from the use of the Website, the Services, the Content, any Linked Site or the inability to use the same, or in connection with any failure of performance, delay in operation and transmission, interruption, error, omission, virus or Website failure;
(d) losses or damages which you may incur, including without limitation as a result of:
(i) your failure to safeguard your Account Details,
(ii) any reliance placed by you on the accuracy and completeness of the Website, the Content or the Submitted Material, or
(iii) any changes we may make to the Website, the Services and the Content, or
(iv) any temporary interruption or permanent cessation in the provision of the Services and Content;
(e) failure to meet any of our obligations under these ToU where such failure is due to a force majeure event or an event outside of our reasonable control.
9.3 Nothing in these ToU limits or excludes our liability for (i) death and personal injury caused by our negligence; (ii) for fraud, fraudulent misrepresentation and gross negligence or (iii) for any other liability which cannot be limited or excluded by applicable law.
9.4 As the Services are provided free of charge, you are responsible for evaluating the information and content obtained through the Website. By using the Website, you undertake all risks connected to the relevant use and to take full responsibility for any failure in the use, loss of data, and costs associated with all necessary services and maintenance of hardware and/or software.
To the extent permitted by applicable law, you agree to compensate us, our subsidiaries and affiliates, and their respective directors, non-executive directors and employees against any loss, liability, claim or requirement (even if claimed by third parties) caused by your breach of these ToU using this Website and its Services, and/or your breach of these ToU, and/or any breach or your representation and warranties under these ToU, including reasonable attorney’s fees and/or any liability to third parties caused by Submitted Materials during Services’ transmission.
11. Governing Law and Jurisdiction
11.1 Notwithstanding any other provision in the ToU, we do not exclude, restrict or modify any warranty, guarantee, condition, representation, undertaking or other right under any statute (including the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of these ToU to be void.
11.2 To the extent the Australian Consumer Law does not allow us to exclude any guarantee, but we are permitted to limit our liability with respect to that guarantee, our liability is so limited.
12. Governing Law and Jurisdiction
12.1 These ToU and any matter relating to your access to, or use of, the Website shall be governed by and will be interpreted in accordance with the laws of Australia.
12.2 You and we agree to submit any dispute arising out of, or relating to, these ToU including the validity, interpretation, breach or termination thereof, to the jurisdiction of the relevant courts in Australia.
12. Contact us
You can contact us in one of the following ways:
- By post at BALENCIAGA Suite 1.01, Level 1, 201 Elizabeth Street, 2000 Sydney, 2000 Sydney, Australia
- By telephone at +61 28 06 72 695
- By email at email@example.com
You may also go to the “Client Services” page on the Website to leave a web message and we will reply to you via email.