Term & Conditions

These terms of use govern your use of the website and all related sites including but not limited to http://www.faneverydaywear.com.au.  Please read these Terms carefully.  You must not use this website if you do not agree with these terms.

Fan Everyday Wear reserves the right to change these Terms at any time, please check at regular intervals for any changes.  Continued use of the Websites following any change to these Terms will be deemed acceptance of those changes.

    1. Ownership

The website and all content is operated and owned by FAN and Sons PTY LTD (ACN 098 920 186).

Intellectual Property

Unless other wise indicated, Fan Everyday Wear owns all copyright of material on the website.  All registered and unregistered trademarks used on the website are the property of their respective owners.

All copyright, date, text, software, images, graphics, logos interfaces and other intellectual property on the website is owned and controlled by FAN everyday wear.  Except for viewing the content for your own personal non-commercial use, Fan Everyday Wear does not grant you any rights to use the website or content for any other purpose unless its expressly consent in writing.

    2. Use of website

When you access the website, you agree that you do following these conditions: You may only use the website and the content on the website for personal purposes unless Fan Everyday Wear provides express written consent.

You must not:

  • Access or attempt to access any part of the website which is not designated for access by your password. (where applicable)
  • By any mean copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the website or any content contained on the website;
  • Use the website or any content in any way that is unlawful, illegal or breaches the rights of Fan Everyday Wear or any third party;
  • Post, or transmit to the website any abusive, obscene, threatening, defamatory, illegal or otherwise inappropriate material;
  • Do anything that imposes an unreasonable or disproportionately large load on the website, or interferes or disrupts the website or any network or other website connected to the website;
  • Breach the security of the website, test or scan the vulnerability of the website, or make any unauthorised modifications to the website;
  • Interfere with any other person use or enjoyment of the website;
  • Use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm or any manual process that performs the same function, to copy or use any content or any part of the content on the website, or to reproduce or separately store or use such content;
  • Post or transmit  any materials to the website which breaches any laws relating to a person’s right to privacy or the export of personal data;
  • Post or transmit any materials to the website which is incorrect or misleading;
  • Use the website in any way that otherwise breaches these terms.

In addition to these terms, the Fan Everyday Wear privacy policy applies to the use of the website and various parts of the website are subject to other terms and conditions. You should review these other terms and conditions carefully and not use the website if you do not agree to these other terms and conditions.

Fan Everyday Wear may refuse access or edit or delete material posted by you in contravention of these conditions.

    3. Third party websites

The website contains links to other websites controlled by third parties (Third party websites). Fan Everyday Wear is not responsible for any content on the third party website nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites.

Fan Everyday Wear makes no representations about the quality or accuracy of material available on Third Party Websites or that such material does not infringe the intellectual property rights of a third party.

    4. Cookies

Cookies may be used on some areas of our website. A cookie is a small file placed on a user’s hard drive which tracks website navigation. For example, a cookie can be used to store registration information so that a user does not need to re-enter it on subsequent visits. If you are concern about cookies, most browsers have an option which permits users to refuse a cookie. A user can refuse a cookie and still fully navigate our website. In order to collect statistics we may anonymously log information, and identify categories of users by items such as domains and browser types.

    5. Information and services at the website

Fan Everyday Wear updates the website regularly; however, Fan Everyday Wear makes no representation as to the accuracy, currency or completeness of any information or services at the website. All information and services are provided on the basis that you undertake the responsibility for assessing at your own risk.

All information and services at the website are provided on and “as is” basis. To the fullest extent permitted by the applicable law, Fan Everyday Wear excludes all terms, conditions and representations express or implied.

    6. Indemnity

Fan Ever day Wear is not liable for any damages whatsoever including any special indirect or consequential damages resulting from loss of use of data or profits, wether in an action in contract, negligence or other tort, arising out of or in connection with access to this site or the information contained in it. Fan Everyday Wear does not warrant that the website will be uninterrupted or error free.

You should seek independent advice before acting on any material or information contained in this website of any link to a third party website and you must not provide any warranties to third parties in relation to the contents or performance of the website.

    7. Limitation of liability

Fan Everyday Wear does not warrant or guarantee:

  • The accuracy or completeness of any information available on the website;
  • The access to the website will be uninterrupted or error free;
  • That any defects will be corrected immediately; or
  • That the website will be free from viruses or other contamination

Except where prohibited by law, Fan Everyday Wear will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the website, including use of any information on it. You use the internet and the website at your own risk.

    8. Termination of use

You may stop using the website any time for any reason.

Fan Everyday Wear reserves the right in its absolute discretion to suspend or terminate at anytime the access to the website of any user with notice for any reason, including but not limited to a breach of these terms. The suspension or termination shall not affect either party’s rights or liabilities.

Fan Everyday Wear may disclose any information we may have about user in relation to an investigation or allegation that your use of the website is in breach of these terms; or is in breach of law or other regulation. Fan Everyday Wear reserves its right to identify or bring legal action against any person who is breaching these terms, including obtaining injunctive relief.

    9. Variation of terms

Fan Everyday Wear may vary these terms at any time, and by continuing to use the website you consent to any variations. Fan Everyday Wear will not notify these variations and it is your responsibility to regularly check these terms for any variations.

Security

When using websites, the internet or third party networks or facilities, you are using networks, facilities and services that are beyond control of Fan Everyday Wear. You assume all risk and liability of your use of the website, the internet, or any such third party networks, including access to the website via such media. Fan Everyday Wear recommends users review each website’s privacy statement before disclosing any personally identifiable information.

Outages

Fan Everyday Wear reserves the right to cease, interrupt or withdraw your access to the website for any reason, including without limitation, for upgrades and maintenance of the site.

Severability

If any provision of these terms is found to be invalid or unenforceable by a court of law, it may severed and will not affect the remainder of the agreement, which will continue in full force and effect and these terms will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision. The invalidity, illegally, or unenforceability of any provision of these terms will not constitute failure of consideration

    10. Governing Law

These terms are governed by the Law of Victoria in Australia and any dispute in relation to these terms or your access or use of the website will be exclusive jurisdiction of the Courts of Victoria.

You are responsible for compliance with all laws and regulations applicable to your location.

    11. Miscellaneous

If any of these terms are unenforceable or held to be invalid, the offending provision/s will be removed from these terms and the amended terms will remain in force.

Any failure by Fan Everyday Wear to act or enforce these Terms immediately will not be considered waiver of Fan Everyday Wear’s right to take any such action.