This website is operated by Simon de Winter Group Pty Ltd (ACN 082 655 838) (Simon de Winter Group) under the domain name www.kayserlingerie.com.au (Website).
Do not access, browse and/or use the Website if you cannot enter, or are barred from entering, into legally binding contracts, or if you are temporarily or indefinitely suspended or prohibited from accessing, browsing and/or using the Website or any websites that are linked to the Website.
Any rights not expressly granted to you in these Terms are reserved by Simon de Winter Group.
Access and Use
Any orders or purchases made under your account and/or from the Website is subject to our terms and conditions of sale (as amended from time to time) and must be read and accepted before purchasing any products from the Website.
You agree and understand that Simon de Winter Group may prevent or restrict your access to the Website for any technical, security or other reason at Simon de Winter Group’s sole and absolute discretion. You must report the loss, misuse or dissemination of your account code, or any access of your account by a third party, to Simon de Winter Group immediately you become aware of the loss, misuse or dissemination. If Simon de Winter Group believes that your account code has been lost, misused or disseminated, or that there has been access to your account by any third party, Simon de Winter Group may, cancel your account code or otherwise limit your access to the Website or your account.
Intellectual Property Rights
You acknowledge that the Website, technology used in connection with the Website, Simon de Winter Group’s products and services, all software, material, products, information, communications, text, graphics, links, electronic art, animations, audio, video, photo and other data available within the Website (Website Content) are provided by Simon de Winter Group and/or third party providers and are the copyrighted works of Simon de Winter Group or such third party owners (as the case may be). You should assume that everything you see or read on this Website is copyrighted unless otherwise noted and that it may not be used except as provided in these Terms, or otherwise in the text on the Website, without the prior written permission of Simon de Winter Group or the relevant third party owner.
You may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile, collect in a database or in any other manner commercially exploit any part of the Website Content in whole or in part unless expressly authorised by Simon de Winter Group or the relevant third party owner. You must not infringe any applicable law (including, without limitation, the Copyright Act 1968 (Cth)). Further, your use of the Website must not in any way infringe the intellectual property rights of any person.
You acknowledge that Simon de Winter Group and/or any third party provider remains the owner/s of the Website Content and that you have no intellectual property rights in the Website Content. No licence is granted to you in respect of the Website Content other than as set out in these Terms.
The trade marks (whether registered or unregistered) and logos on the Website (trade marks) are owned or controlled by Simon de Winter Group and/or third parties. You are strictly prohibited from using, displaying, copying, modifying, transmitting, storing, publishing or distributing any of the trade marks, or providing links to any of the trade marks, without express permission from Simon de Winter Group or the relevant third party in relation to their trade marks.
The Website may contain links or pointers to, or frame, websites of third parties (external websites). Simon de Winter Group is not required to maintain or update links or pointers to any external websites.
Unless expressly stated to the contrary on the Website, any link or pointer to, or framing of, an external website is not to be construed as an endorsement, sponsorship, approval, recommendation or preference by Simon de Winter Group of the owners or operators of the external website, or of any information, products or services referred to on the external website or any practices associated with those external websites.
You agree that access to any external website is entirely at your own risk and that Simon de Winter Group will not be responsible or liable, directly or indirectly, for any or all actions, causes of action, suits, claims, demands, damage, damages, loss, costs, penalties, liabilities, charges and expenses of every description (including without limitation any loss suffered by you as a result of adverse publicity which is) caused or alleged to be caused by or in connection with, your use or reliance on any goods or services available on or through any external website.
You understand that Simon de Winter Group cannot and does not guarantee, warrant or represent that files or software of any kind, or from any source, available for downloading through the Website, will be free of infection or viruses, worms, Trojan horses or other code or defects that manifest contaminating or destructive properties.
Accuracy and Usefulness of Information on the Website
All material and information on the Website, including but not limited to, availability of products and delivery dates, is provided in good faith and is believed to be accurate and current as at the date of publication. However, to the extent permitted by law Simon de Winter Group provides no warranty or guarantee that any material or information on the Website or external websites will be accurate or complete.
To the extent permitted by law, Simon de Winter Group will not be liable for any loss or damage whatsoever, whether in an action in contract, negligence or other tort or in respect of any cause of action, suit, claim, demand, cost, penalty, liability, charge and/or expense of every description (including, without limitation, any loss suffered by you as a result of adverse publicity) arising out of or in connection with your access to or use of the Website or the Website Content. All warranties of any kind are excluded to the maximum extent permitted by law.
Simon de Winter Group makes no guarantee as to the usefulness of the Website Content. You may not link to any pages within this Website without the prior written consent of Simon de Winter Group.
Prohibitions against unlawful or inappropriate use
You warrant that you will not do any of the following things in connection with you accessing, browsing or using the Website:
- violate any laws, third party rights, or policies of Simon de Winter Group;
- hide or spoof your IP address;
- intentionally bounce your communications through any intermediate computers;
- alter any logs upon gaining access to the Website;
- interfere with the technological operations of the Website;
- manipulate or attempt to manipulate any content or material on the Website;
- post or attempt to post any false, inaccurate, misleading, defamatory, or libelous content on the Website;
- post or attempt to post any insulting, offensive or inappropriate content on the Website as deemed inappropriate by Simon de Winter Group in its sole and absolute discretion;
- use any robot, spider, search engine, scraper or other means (whether manual, automated, mechanical, electrical or otherwise either existing or that may be invented or discovered in the future) to access the Website or to do any of the acts described in the bullet points above, for any purpose other than the normal purpose for which the Website is intended;
- assisting, being involved in, or procuring directly or indirectly any of the acts specified in paragraphs (a) to (i) above or engaging in conduct that is substantially similar to paragraphs (a) to (i) above or having a substantially similar effect.
If we become aware that you have violated any of the clauses of this Terms, we may immediately take corrective action, including preventing you from accessing, browsing and/or using the Website. If we have been injured by your violation we may, in our sole discretion, take such action against you that we deem necessary to protect our rights.
Subject to its obligations under the Privacy Act, Simon de Winter Group may release your personal and private information to authorities and your internet service provider if you conduct any illegal activities or otherwise breach the Terms.
Disclaimer of Warranty and Limitation of Liability
While Simon de Winter Group makes and strives to provide secure and continuous connectivity and internet access, to the extent permitted by law, Simon de Winter Group will not be responsible or liable to you for any direct or indirect loss or consequential damage, including among other things, any loss of time, data or information furnished or entered on the Website which may, among other things, have occurred as a result of any events or acts leading to interruptions in internet connectivity, transmission of signals, server breakdown, systems crashing, hacking, servicing and any other events or acts.
You will not hold Simon de Winter Group responsible for other users' actions or inactions, including acts or things as a result of which there may be loss of connectivity and/or loss of data furnished.
Further, while secure and continuous access to the Website is sought to be provided, Simon de Winter Group does not guarantee continuous or secure access to the Website and operation of the Website, as the same may be interfered by numerous factors outside the control of Simon de Winter Group. Accordingly, to the extent legally permitted, Simon de Winter Group excludes all implied warranties, terms and conditions in relation to the use or access of the Website. All purchases and orders made via the Website are subject to the Terms and Conditions of Sale. Simon de Winter Group is not liable for any loss, including any special, indirect, or consequential loss or damages arising out of your use of the Website.
Simon de Winter Group, its Related Bodies Corporate or Representatives will not be liable for any loss, including indirect, incidental, special and/or consequential losses or damages arising out of your use of the Website or of any of the Website Content.
When using the World Wide Web, the Internet or third party networks or facilities, you are using networks, facilities and services that are beyond the control of Simon de Winter Group. You assume all risk and liability of your use of the World Wide Web, the Internet or any such third party networks, including any access to the Website via such media.
Termination or Breach
You agree that Simon de Winter Group may, in its sole discretion, terminate your account (or any part thereof), and/or limit or restrict your access to the Website for any reason including, without limitation, if Simon de Winter Group believes that you have violated or acted inconsistently with these Terms.
To the maximum extent permitted by law, you agree to indemnify and forever hold Simon de Winter Group, its Associates, Related Bodies Corporate, Representatives or Representatives of its Associates or Related Bodies Corporate, harmless from any claim or demand made by any third party due to or arising out of a breach by you of these Terms (including without limitation, Simon de Winter Group’s legal fees), or violation by you of any law of any country or of the rights of a third party.
Each indemnity in these Terms is a continuing obligation, separate and independent from your other obligations and survives termination of these Terms.
Variation of these Terms
Simon de Winter Group may vary these Terms at any time. In the event that Simon de Winter Group varies these Terms, Simon de Winter Group will provide notice by publishing the varied Terms on the Website. You accept that by doing that, Simon de Winter Group will have provided you with sufficient notice of the variation of the Terms and that you will be bound by the Terms as varied. You are not obliged to access or continue to use the Website should you not agree to the Terms as varied.
If any part of these Terms is held invalid, illegal or unenforceable in accordance with its terms in any jurisdiction, that part shall be read down for the purposes of that jurisdiction if possible so as to be valid and enforceable and shall otherwise be capable of being severed to the extent of the invalidity, illegality or unenforceability without affecting the remaining provisions of these Terms or affecting the validity, legality or enforceability of that part in any other jurisdiction.
The failure, delay, relaxation or indulgence on the part of Simon de Winter Group in exercising any power, right or remedy conferred upon Simon de Winter Group by these Terms shall not operate as a waiver of that power, right or remedy, nor shall the exercise or any single or partial exercise of any power, right or remedy preclude any other or further exercise of such power, right or remedy or the exercise of any other power, right or remedy in these Terms.
Governing Law and Submission to Jurisdiction
The use of the Website and these Terms are governed by the laws in in the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and their respective courts of appeal.
This Website may be accessed throughout Australia or from overseas. Simon de Winter Group makes no representation that the content of this Website complies with the laws of any country outside Australia. If you access the Website from outside Australia, you are responsible for ensuring that your access to, downloading, or use, of the Website Content is in compliance with all laws in the place in which you are located when you access the Website.
Associate has the meaning given to that expression in the Corporations Act 2001 (Cth).
Related Body Corporate has the meaning given to that expression in the Corporations Act 2001 (Cth).
Representatives of an entity include directors, officers, employees, agents, contractors and sub-contractors of that entity.