Website Terms of Use

Welcome to the Industrial Athlete Workwear website, which is provided to you by Australian Defence Apparel Pty Ltd (ACN 006 898 906) (“Industrial Athlete”, “we”, “us”, “our”).

Your use of this website is governed by the policies, terms, and conditions (“Terms”) set forth below so please read them carefully.

Your use of this website is also governed by our Privacy Policy. These Terms, together with our Privacy Policy and any other policy in relation to the supply or return of goods that is made available on our website from time to time, form the whole of the agreement between you and Industrial Athlete in respect of your use of the website, including any purchase of goods from Industrial Athlete (“Goods”) made through the website.

Your use of this website indicates your acceptance of these Terms, our Privacy Policy, and any other applicable policy. To the extent of any inconsistency between these Terms and a separate policy in relation to the supply or return of goods published on our website, the policy will have effect. These Terms will supersede any subsequent terms or conditions provided by you or on your behalf to us in connection with a purchase order for Goods (“Order”), whether or not such terms or conditions are signed by Industrial Athlete.

Industrial Athlete reserves the right to make changes to this website and the Terms at any time. By Ordering or registering on any of our websites you grant us the right to add your contact details to our database and use them to send Order, shipping, and other product-related emails. From time to time we may contact you about offers and new products. You can easily be removed from our subscriber list by either unsubscribing via a link in the email or contacting our Customer Support at support@industrialatheleteworkwear.com.au

 

A.            YOUR USE OF THIS WEBSITE

1.            USE

This website is for your personal use unless otherwise approved by Industrial Athlete.

You are free to simply browse our website to learn more about us and what we do.  You should carefully consider whether this website and the products we provide are suitable for your needs, and get independent advice if you need it. 

Whether or not you register for an account, you must not (without Industrial Athlete’s express permission):

•             post or transmit anything to this website or to us, or otherwise use the website in any way, that is misleading, fraudulent or unlawful or is otherwise threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, offensive, obscene, profane or objectionable;

•             restrict or stop other users from using or enjoying this website;

•             access data or any part of the website that is not intended for you or which you are not authorised to access, or attempt to obtain goods or services to which you are not entitled;

•             modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material on this website;

•             use or attempt to use any material published on the website to create any website or publication;

•             transfer or sell any information, functionality or products or services offered on the website, or represent that you are entitled to do so;

•             pretend that you are or represent someone else;

•             probe, scan or test a system or network to breach security or authentication measures;

•             track or monitor any content, user, or website functionality without our authorisation; or

•             impose an unreasonable load on our systems or networks.

If we believe that you have not complied with these Terms or any other agreement with Industrial Athlete at any time, we may immediately cancel any Order, terminate your access to this website, or restrict your use of the website, and you agree that we may do so without prior notice to you and without liability to you or anyone else. 

2.            ACCOUNT MANAGEMENT

If you wish to buy Goods, you must first create an account on our website.

You are responsible for your use of this website, and you must not give your account details to anyone else.  If someone else accesses this website using your account details, then you are also responsible for use of the website by that person.  If you believe your account has been or may be accessed by an unauthorised user, it is your responsibility to update your account details and to notify Industrial Athlete immediately of any potential security breach or fraudulent activity. Although we will not be liable for any loss you suffer as a result of unauthorised use of your account, you will be liable for any loss we suffer.

3.            YOUR CONTENT

Nothing in these Terms affects the ownership of any words, images, or other materials (including company names and logos) that you post or submit to the website, or otherwise provide to us (“Content”), if any.  By providing Content to us, you:

(a)          represent that any information comprising the Content is true and correct and acknowledge that Industrial Athlete will rely on that information in entering into any agreement with you;

(b)          promise that you own or have the right to use any Content that you submit on or via the website, and that use of your Content on or via the website will not infringe anyone else’s rights; and

(c)           you give us a world-wide, non-exclusive perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify and communicate your Content for the purpose of operating the website and the Industrial Athlete business, included providing goods and/or services to you. 

We may edit, modify, delete, remove or take down any Content which we believe (in our sole discretion) is in breach of these Terms, without notice to you and without us incurring any liability.

4.            OUR CONTENT

Everything on this website (excluding your Content) is either owned by us or is licensed to us.  This includes: (i) the design, compilation and look and feel of this website; (ii) all copyright, trademarks, designs and other intellectual property displayed on or incorporated into the website; (iii) all intellectual property rights subsisting in the Goods; and (iv) all other trade marks, logos, business names, or domain names used in connection with the website and our business (unless otherwise stated) (Together, “Industrial Athlete IP”).

Subject to your compliance with these terms, we grant you a non-exclusive, revocable, world-wide, royalty-free licence to access, use, and download the Industrial Athlete IP only for the limited purpose of accessing and using our website, including communicating with us and buying our Goods or services.

You must not copy, reproduce, adapt, transmit or distribute any of our content or use the Industrial Athlete IP in any way not expressly permitted in these Terms (or otherwise allowed by law). All rights in the Industrial Athlete IP are strictly reserved to Industrial Athlete and its licensors and nothing in these Terms creates an assignment in respect of the Industrial Athlete IP.

 

B.            ORDERS

5.            ACCEPTANCE POLICY

Your receipt of an Order confirmation, in electronic or any other form, does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell Goods to you. Industrial Athlete reserves the right at any time after receipt of your Order to accept or decline your Order for any reason. Industrial Athlete reserves the right at any time after receipt of your Order, on written notice to you, to supply less than the quantity you ordered of any Goods.

All Orders placed must obtain approval from our credit and fraud avoidance department and include payment details in the form or method required on our website at the time the Order is submitted. We may require additional verifications or information before accepting any Order and we reserve the right to decline or refund an Order we suspect to be unauthorized or from an untrusted source.

Industrial Athlete is a reseller to end user customers and will not accept Orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Industrial Athlete unless prior written authority has been granted.

6.            PRICING & PAYMENT

Prices on the website (Prices) are subject to change without notice to you. You agree to pay Industrial Athlete the Prices as quoted at the time of Order which will be charged to you after our credit and fraud avoidance department has approved your Order and your method of payment.

If there is a relevant promotion available, a promotional Price may also be quoted to you in addition to the recommended retail price or standard list price. Promotional Prices are valid only during the promotional period, and will not be applied to Orders outside the stated promotional period. The application of promotional Prices may be subject to further terms and conditions (see also clause 15 - “Promotions” for more details).

Prices quoted are in Australian Dollars.  You acknowledge and agree that all credit cards will be charged in Australian Dollars and that non-Australian currency figures are all approximations based on current exchange rates.

All Prices payable under these Terms are exclusive of any duties or taxes (including GST) that may be charged to you as required by the laws of Australia or any destination country of the Goods. You will be responsible for paying these duties or taxes either upon submission of your Order or delivery of the Goods to you and they will not be included in the total Price charged to you for your Order.

In the event that a product is listed on our website at an incorrect Price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Industrial Athlete shall have the right to refuse or cancel any Orders placed for such products (including if such Orders have been confirmed or payment of the Price has been processed).

If your payment has already been processed and your Order is cancelled, Industrial Athlete will issue a credit to your account in the amount of the Order.

7.            INTERNATIONAL CUSTOM CHARGES

Orders to be delivered outside of Australia may incur a customs or import duty charge. Industrial Athlete does not have any control over these charges and is unable to advise what they will be, as it is based on the laws of the country of delivery. For further information, please contact your local customs office. All such charges are to be paid by the customer on delivery of Order. If you refuse to pay these charges, your parcel may be undeliverable and Industrial Athlete will not be held responsible for any resulting loss or damage incurred by you or any other person.

8.            ORDER CANCELLATIONS

If notified before goods have been dispatched, Industrial Athlete may, but is not obligated to, accommodate Order cancellations. If items have been shipped, Industrial Athlete reserves the right to refuse Order cancellation or charge a reasonable cancellation fee should we be able to request the return of the package from our delivery service. Apart from the foregoing, an Order cannot be cancelled once placed by you.

9.            CHANGE OF ADDRESS

The shipping address for your Order is shown in the checkout and on your Order confirmation and shipping confirmation emails. In the event that an incorrect address was entered, address changes can only be made before the Order is shipped. Industrial Athlete cannot accommodate all address change requests. Industrial Athlete takes no responsibility for Orders shipped to an address provided by you that is incorrect or invalid and is not liable for any loss, cost, expense, or damage arising from an Order being shipped to such an address. 

10.          PRIVACY

Any personal information you provide to Industrial Athlete will be collected, used and stored for the purpose of providing information about our products or services, processing your Orders, communicating with you as a member of the Industrial Athlete customer community, or as otherwise stated at the point of collection or in our [privacy policy <insert link>].

 

C.            DELIVERY & RETURNS

11.          DELIVERY

The delivery times provided by Industrial Athlete are estimates only. You are not relieved of any obligation to accept delivery of or pay for Goods because of a delay in delivery.  Industrial Athlete will make all reasonable efforts to deliver the Goods to you at the time and on the date agreed as the delivery date, however, time is not of the essence under these Terms and, except where Industrial Athlete has an obligation under the Australian Consumer Law, Industrial Athlete is not liable for any failure to deliver or delay in delivery for any reason, including without limitation, where an event beyond our reasonable control occurs (including, without limitation as a result of any strike, trade dispute, fire, tempest, theft, breakdown, or similar). You agree that Industrial Athlete is not liable to you for any cost, expense, loss or damage arising out of such a delay in delivery or a failure in delivery.

12.          TITLE AND RISK

Risk in the Goods will pass you on delivery of the Goods unless otherwise agreed in writing.

Title in the Goods will remain with Industrial Athlete and pass to you only on payment of the Price, as well as all other amounts owing to Industrial Athlete by you, in full. You will hold the Goods (including where they have been converted or changed by any process) as bailee and agent for Industrial Athlete unless and until payment in full is received.

Until title to the Goods passes to you upon payment in full of all Prices owing to Industrial Athlete for all Goods supplied, you must:

(a)          subject to paragraph (b) below, store the Goods separately and in such a manner that they are safe, secure, insured, and clearly identifiable as the property of Industrial Athlete;

(b)          only sell the Goods, where onsale has been permitted by Industrial Athlete, in the ordinary course of your business (which does not include sale for less than cost or on conditions); and 

(c)           hold and agree to hold the proceeds of any sale, lease or other dealing of the Goods on trust for Industrial Athlete in a separate bank account with a bank over which the you have not given any security.

In addition to any rights Industrial Athlete may have under Chapter 4 of the Personal Property Securities Act 2009 (Cth) (“PPSA”), Industrial Athlete is entitled at any time until title in and to the Goods passes to you to demand the return of the Goods and shall be entitled without notice to you and without liability to you to enter, or cause Industrial Athlete’s agent to enter, any premises occupied by you (or any other premises where you are holding the Goods) in order to search for and remove the Goods. For that purpose, you irrevocably grant a license to Industrial Athlete to enter such premises (including via an agent) and indemnify Industrial Athlete from and against all loss, cost, damage, or claim suffered or incurred by Industrial Athlete as a result of exercising its rights under this “Title and Risk” section.

To the extent permitted by law, if there is any inconsistency between Industrial Athlete’s rights under this “Title and Risk” section and its rights under Chapter 4 of the PPSA, this “Title and Risk” section prevails.

You acknowledge and warrant that Industrial Athlete has and may perfect a registrable security interest in the Goods and any proceeds of the Goods until title passes to you. You agree to do any thing requested by Industrial Athlete or reasonably necessary to perfect and enforce Industrial Athlete’s security interest and waive any rights to receive notice of its registration or the exercise of Industrial Athlete’s rights in respect of that security interest.

13.          REPAIRS, REFUNDS, AND RETURNS

Returns must be in as new condition with tags attached (unless faulty), and sent to the return address indicated on your Order or shipping confirmation. We recommend sending returns via registered post or courier as we do not accept responsibility for lost items.

We will happily exchange or refund your item for change of mind within 30 days of the shipment date, provided the item and its packaging are in the original condition with the original tags attached. Any Goods returned outside of this period or returned damaged or soiled (unless faulty) will not be replaced, refunded, or returned to you.

Where Goods are faulty, Industrial Athlete may (at its sole discretion): (i) refund the Price paid for the Goods (including a partial refund); (ii) replace the Goods; (iii) have the Goods repaired; or (iv) pay the cost of having the Goods replaced or repaired (see also clause 17 - Our Liability to You). Most repairs are carried out by the manufacturer and not by Industrial Athlete. Faulty Goods will be dealt with as per the manufacturer's warranty and terms, and otherwise in compliance with our obligations under the Australian Consumer Law. Please send a photo and description of your faulty product to support@industrialathleteworkwear.com.au prior to returning the item.

In some cases, faulty items cannot be repaired and a replacement, refund, or store credit will be offered (at our discretion). Industrial Athlete cannot control the availability of parts for replacement goods. Industrial Athlete has no control over manufacturer warranty periods, nor can we control manufacturer repair periods and cannot advise what they will be. We will, however, do everything we can to ensure your faulty item is handled as quickly as possible and that you are informed throughout the process. In cases where you have returned goods directly to the manufacturer, Industrial Athlete cannot be held accountable for repair periods or communication from the manufacturer. If the product is damaged or incorrect on delivery due to our error, your reasonable postage costs will be refunded.

Special return offers are personal and apply on an individual basis only. Products that are specially Ordered, non-stocked items, custom made, bulk quantity, or corporate special Orders cannot be exchanged/refunded. Gift cards, promo codes and promo prices cannot be applied to exchanges.

Due to health regulations, we are unable to exchange any underwear purchase.

14.          PURCHASE OF KNIVES

The sale, possession, transportation, and use of knives are subject to local, state and federal laws. It is your responsibility to familiarise yourself and comply with all laws that might be applicable to your purchase, possession, transportation or use of the knives. If you are unsure, we recommend that you contact your local police for more information. We do not sell knives to anyone under the age of 18. By placing your Order with us, you are agreeing and representing to us that: (i) delivery of the Goods specified in your Order to the delivery address provided will comply with all applicable laws; (ii) you are over 18; and (iii) you will hold Industrial Athlete and its officers, directors, employees, suppliers, and contractors harmless from your failure to comply with these and all legal requirements.

 

GENERAL

15.          PROMOTIONS

•             Promotions, discounts and promotional codes (collectively "Promotions") are valid for the specified time period for online purchases of merchandise only and may be used one time only unless otherwise stated.

•             One time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.

•             Promotions do not apply to gift certificates, shipping, GST or duties or similar services.

•             Promotions cannot be applied retroactively to previously placed Orders or to Orders that have been adjusted.

•             For Promotions requiring a minimum order size, charges for shipping and credits from gift certificates do not count towards the minimum order size requirement.

•             For Promotions where you must buy 1 (or more) item(s) to get a reduction on the second (additional) item(s), the discount will be applied at checkout to the lower priced item.

•             If merchandise was purchased with a Promotion and subsequently returned, you will be issued a credit or refund at the promotional price and, if the Promotion has expired, it cannot then be applied to a replacement or future Order.

•             If you return a gift that was purchased with a Promotion and the Promotion has expired, you cannot apply the expired Promotion to a replacement or future Order.

•             Promotional items are available only while supplies last; Industrial Athlete does not issue rain-checks for items that run out of stock.

•             Industrial Athlete, at its sole discretion but subject to applicable law, can extend or terminate a Promotion at any time.

•             Industrial Athlete has no obligation to advise an entrant of an incomplete or incorrect entry and will not be accountable for the return of any item Ordered incorrectly.

•             Please note discount coupons are valid for non-sale items only and cannot be used during sale periods.

•             By claiming a promotional offer on your Order, you agree that you have understood the terms and conditions of that promotion.

16.          CHANGE & ACCESS

Industrial Athlete does its best to provide current and accurate information on the website but things sometimes change, and so we may need to update or remove statements and representations made on the website from time to time.

The website will usually be available 24 hours a day, seven days a week.  Sometimes the website may be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give you notice before any planned outages, and keep interruptions to a minimum, but we are not responsible for any delay, loss, or other damage you might suffer as a result of any error or interruption in accessing our website. 

This website uses cookie technology in order to provide information and services to website visitors. Cookies are pieces of information that a website transfers to your computer's hard disk for record keeping purposes and are a necessary part of facilitating online transactions.  Most web browsers are set to accept cookies.  Cookies are useful to estimate our number of users and determine overall traffic patterns through our website.  If you do not wish to receive any cookies you may set your browser to refuse cookies, however you will not be able to take full advantage of the services available on our website.

You are not allowed, without our prior written consent, to frame, deep link, mirror or retransmit any part of the website or its content, or quote or use whole or parts of the website or its content in a third-party website. If you are interested in linking to our website, please [contact us].

This website may contain links to other websites which are owned by third parties, such as our partners and supporters.  These links are provided solely for your convenience and are not an indication that Industrial Athlete endorses the products or services that are provided by that website.  When accessing third party sites and using those products and services you agree and undertake to do so at your own risk.

17.          OUR LIABILITY TO YOU

We do not promise that the content on this website (or your access to it) will be uninterrupted or error free, that any defects will be corrected, or that the website or content are free of viruses or any other harmful components.  We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to the website or your use of it.  We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.

Industrial Athlete and its related entities will not be liable to you, whether in contract, tort (including negligence) or otherwise for any economic loss, loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as indirect, incidental, special, punitive, consequential or similar damages arising from your use of this website or its content or services, or from the purchase or supply of any Goods.

Subject to the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Consumer and Competition Act 2010) and any other non-excludable term implied by law, this website and all of Industrial Athlete’s Goods and services are provided on an "as is" basis without warranties of any kind, either express or implied, and Industrial Athlete excludes all warranties, representations, and liability of any kind (including in negligence) in connection with the website, or any goods or services advertised or offered for sale via the website.  To the maximum extent permitted by law, where any liability of Industrial Athlete cannot be excluded, we limit that liability   (at our election):

(a)          in respect of any damaged or defective Goods or services provided to you by Industrial Athlete to: (i) repairing any Goods; (ii) replacing any Goods or services provided to you by Industrial Athlete; or (iii) payment of the cost of having the Goods or services repaired or resupplied; and

(b)          otherwise, to payment in the amount of AUD$10.

18.          YOUR LIABILITY TO US

You are liable and solely responsible for:

(a)          any Content you submit via the website;

(b)          your breach of any person’s intellectual property rights (including those of Industrial Athlete or its manufacturers and suppliers);

(c)           your breach of these Terms or any other agreement with us; and

(d)          your breach of any applicable law.

You agree to indemnify Industrial Athlete (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (“Indemnified Parties”) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Indemnified Parties and arising in any way from any of the matters set out in paragraphs (a) – (e) above.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.

19.          LEGAL

1.            We have tried to make the wording of these Terms clear and easy to read, but the law (and our lawyers!) require some things be said in a certain way.  If you read something in these Terms that you are not sure about, then please seek independent advice.

2.            These Terms are governed by the laws in force in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.

3.            Invalidity of any provisions in these Terms does not affect any other provisions. Any delay or failure by us to enforce any rights under these Terms does not constitute waiver.

4.            We may from time to time make changes to these Terms, and it is your responsibility to ensure that you check these Terms each time you visit our website. Your continued use of this website means that you have accepted any changes we have made.

 

Contact us

Please feel free to contact us if you have any questions about these Terms.

Last updated: June 2017