Terms of Service

Overview

This website or site is operated by All About The Man Pty Ltd (ACN 643 239 758) ('All About The Man'). Throughout the site, the terms 'we', 'us' and 'our' refer to All About The Man. We offer this site, including all information, tools and services available from this site, to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our 'Service' and agree to be bound by the following terms and conditions ('Terms of Service'), including those additional terms and conditions and policies referenced in these Terms of Service and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of these Terms of Service, then you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Our site is hosted on Shopify Inc. Shopify Inc provides us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - online store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

The site is intended for users residing in and using this site within Australia. We make no representations that the content of this site complies with the laws of any country outside Australia. If this site is accessed from outside Australia, you do so at your own risk and are responsible for complying with all laws in the place where you access this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of our Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms of Service will result in an immediate termination of your services.

Section 2 - general conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact on the site through which the Service is provided without express written permission by us. The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

Section 3 - accuracy, completeness & timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - modifications to service & prices

Prices for any products on our site are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - products or services

Certain products or services may be available exclusively online through the site. These products or services may have limited quantities and are subject to shipping and return only in accordance with our Shipping & Returns Policy. We have made every effort to display as accurately as possible the colours and images of the products that appear on our site. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of any products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - accuracy of billing & account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, same credit card and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

If you have provided us with your electronic contact information (e.g. email address or mobile phone number): (a) you consent to us sending direct electronic messages to you (including messages about any products and services of third parties) in accordance with our Privacy Policy; and (b) you warrant that you are authorised to provide the electronic contact information to us. For more detail, please review our Privacy Policy.

Section 7 - optional tools

We may provide you with access to third party tools that we neither monitor nor have any control or input. You acknowledge and agree that we provide access to these tools 'as is' and 'as available' without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of any optional third party tools.

Any use by you of any optional third party tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s). We may also, in the future, offer new services and/or features through the site (including the release of new tools and resources). Such new features and/or services will be subject to these Terms of Service.

Section 8 - third party links

Certain content, products and services available via our site may include materials from third parties. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third party materials or websites or any other materials, products or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third party content, products or services should be directed to the third party.

Section 9 - user comments, feedback & submissions

If, at our request, you send certain specific submissions (e.g. contest entries) or, without any request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and will be under no obligation: (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

Section 10 - intellectual property & technology

The content, images and other material on the site is/are subject to copyright. The copyright is owned by us, or in the case of certain material, a third party. You many view the site using your web browser and electronically copy and print hard copies of parts of the site solely for personal, non-commercial use. You may draw the attention of others to content posted on the site. If we provide social media features, such as the ability to share content, you may take such actions as are enabled by those features. Any other use, including the reproduction, modification, distribution, transmission, republication or display of any part of the site, is strictly prohibited without the prior written consent of us.

All trade marks, trade names, service marks, other product and service names and logos ('Marks') displayed on the site are proprietary to their respective owners and protected by applicable trade mark and copyright laws. These Marks may be registered or unregistered marks of us or a third party. Nothing contained on the site should be construed as giving you any right in, or license to use, any Marks of us or a third party which are displayed on the site without our/their express permission. If you use any of our Marks to refer to our information, products or services, you must include a statement attributing that trade mark to us. You must not use any of our Marks: (a) in or as the whole or part of your own marks; (b) in connection with activities, goods or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive; or (d) in a manner that disparages us or our information, products or services (including the site).

Cookies are small pieces of information that your browser stores on your computer hard drive. We may use cookies and other techniques such as web beacons to provide us with information about your usage of the site, recognise your device when you return to the site (e.g. to store preferences), as well as to assist us to improve and develop the products and services we offer. If you do not wish to receive cookies, you may set your browser so that your computer does not accept them. If you disable cookies on your web browser, you may not be able to fully experience all features on the site. We may also log IP addresses to analyse trends, administer the site, track users' movements and gather broad demographic information. For more detail, please review our Privacy Policy.

Section 11 - personal information

Our Privacy Policy outlines the way we collect, use and disclose personal information provided through the site.

Section 12 - errors, inaccuracies & omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on our site, in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on our site, in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on our site, in the Service or on any related website should be taken to indicate that all information on our site, in the Service or on any related website has been modified or updated.

Section 13 - prohibited uses

In addition to other prohibitions as set out in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 14 - no warranties & limitation of liability

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The site and all products and services delivered to you through the site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no case will All About The Man, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the site or any products or services procured using the site or for any other claim related in any way to your use of the site or any products or services procured using the site, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the site or any content, products, or services posted, transmitted or otherwise made available via the site even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

Section 15 - indemnification

You agree to indemnify, defend and hold harmless All About The Man and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, or the documents they incorporate by reference, or your violation of any law or rights of a third party.

Section 16 - severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms of Service. Such determination will not affect the validity and enforceability of any other remaining provisions.

Section 17 - entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision. These Terms of Service and any policies or operating rules posted by us on this site, or in respect of the Service, constitutes the entire agreement and understanding between you and us and govern your use of the Service superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service). Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

Section 18 - governing law

These Terms of Service and any separate agreements under which we provide you services will be governed by and construed in accordance with the laws of Australia.

Section 19 - changes to Terms of Service

Any new features or tools that are added to the site will also be subject to these Terms of Service. You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the site following the posting of any changes constitutes acceptance of those changes.

Section 20 - contact information

Please send any questions to hello@allabouttheman.com.au or call us on 0421738153 or 0498150146.