Terms of Use Agreement

1. INTRODUCTION


This Terms of Use Agreement (the “Agreement”) applies to any and all Australian websites associated with Ug Manufacturing Co Pty Ltd and its Australian subsidiaries (together the "Company," "we," "us" and "our") and all websites that refer or link to this Agreement including, without limitation www.quiksilver.com.au, www.roxyaustralia.com.au and www.dcshoes.com.au (collectively referred to herein as the “Sites”).


In this Agreement, “you” means the individual accessing or using any of the Sites (and, where you are accessing the Website in your capacity as an employee of or contractor to a body corporate or other legal entity, “you” includes your employer or the entity that is engaging you). By using the Sites, you agree to be bound by all the terms and conditions contained in this Agreement and any and all rules, guidelines and directions found throughout the Sites. If you do not agree to the terms of this Agreement, you must not use or access our Sites. If you violate any of the terms of this Agreement, we may terminate your right to use and access our Sites.


Please read this Agreement carefully. This Agreement applies to all users of the Sites, including users who are viewers of material on the Sites and users who register for the Sites as set forth below in Section 6. By using the Sites you also represent that you are at least 18 years old or have your parent or guardian’s consent to use the Sites. Company does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us. You may not use or register for the sites if you are under the age of 18 unless you have the consent of a parent or guardian.


In addition, when you use any current or future version of the Sites, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Sites following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.


2. PRIVACY


Please review our Privacy Policy here: PRIVACY POLICY, which also applies to your visit to the Sites, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.


3. CONSIDERATION


You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt of data, materials and information available at or through the Sites.


4. DISPUTE RESOLUTION


By using the Sites, you and the Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of it ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (“Dispute Notice”) and allowing the receiving party 30 days in which to respond in writing (“Reply Notice”). A Dispute Notice will be sent:

• to the Company at:


Ug Manufacturing Co Pty Ltd

Attention: Legal Department

27 Baines Crescent

Torquay VIC 3228


• to you at: your last-used billing address or the billing and/or shipping address that we may have on file for you (or, if no such address has been provided, to any email address that you may have provided to us or used to register for an account on any of our Sites).

Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party, provided however that nothing in this Agreement will prevent a party seeking urgent injunctive or similar interim relief from a court.

If a Dispute Notice and Reply Notice are given, then you agree to discuss (either in person or by telephone) the Dispute with an authorized representative of the Company in an effort to resolve the Dispute. At least one meeting or discussion relating to the Dispute must take place within 30 days of service of a Reply Notice.


5. GOVERNING LAW


If the Dispute is not resolved within 30 days of service of a Reply Notice or if a Reply Notice is not given by the relevant party, then the parties agree to try to resolve the Dispute by mediation, to be held in Melbourne, Victoria Australia and administered by the Australian Disputes Centre according to its Guidelines for Commercial Mediation (“Guidelines”). The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. If the Dispute is not settled within 30 days after the referral of the Dispute to mediation, then either party may commence legal proceedings in relation to the Dispute. GOVERNING LAW


This Agreement is governed by the laws in force in the State of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Victoria and of the Commonwealth of Australia in respect of any matter relating to this Agreement or the access and use of any of our Sites.


6. RESTRICTIONS ON USE OF MATERIALS


Trade marks. Boardriders, Quiksilver, Roxy, DC Shoes and other trade marks, service marks, trade names, and trade dress indicated on our Sites are trade marks or registered trade marks of Company and/or its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) or licensors and licensees in Australia and other countries. All rights in such names are hereby reserved. The use or misuse of these trade marks or any materials, except as permitted under this Agreement, is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any patent or trade mark owned or controlled by Company, its related bodies corporate, its licensors or any third party.


Copyright. All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Sites are the copyrighted property of Company, its related bodies corporate or its third-party licensors to the full extent provided under the Copyright Act 1968 (Cth) and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Sites for any purposes. Nothing stated or implied on the Sites confers on you any license or right under any copyright of Company or any third party. The Sites and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted under this Agreement, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Sites, or use the contents of the Sites in litigation, or for any commercial or promotional purposes, without the express written consent of Company or its lawful successors and assigns. For usage permission, please contact us via e-mail at privacy@quiksilver.com.au.


7. REGISTRATION


You do not have to register to view the Sites. You can visit the Sites, read articles and other materials, browse merchandise, post comments and product reviews and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an online user account in order to access the full features of the Sites, including but not limited to the ability to purchase products through the Sites and to become a member of the Boardriders Club (as defined in Section 9 below). To register, you must create a user account, which requires you to provide your name, e-mail address and select a password. When creating a user account, you must provide accurate, complete and updated registration information. By creating an account you agree (or, if you are under 18, you have obtained your parent or legal guardian’s consent) to receive commercial electronic messages from Company. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You are fully responsible for your failure to safeguard information and/or to permit any other person to access or use the Sites using your profile and/or account, and for all activities that occur under your profile and/or account. You may not sell or otherwise transfer your profile or account or any portion thereof. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be responsible for any losses caused by any unauthorized use of your account. Company reserves the right to refuse registration or terminate, suspend, or cancel access to a user account at any time in its sole discretion. If we suspend or cancel access to your account, you may be prevented from accessing the Sites (temporarily or permanently), your account details and/or any files or other various Sites materials, including all text, comments, icons, images, messages, tags, links, photographs, audio, video and other content that are contained in or accessible through your account, all of which may be deleted by us. Such suspension or cancellation of your account will mean that you may lose access to all content submitted by you. You may also terminate or discontinue your own account at any time by sending an email request to onlinesales@quiksilver.com.au.


8. RETURNS, SHIPPING AND DELIVERY


Please review our Returns and Store Credit Policy here: RETURNS and our Shipping and Delivery Policy here: shipping-delivery, which also govern your visit to the Sites, as applicable. The terms and conditions of these documents are incorporated herein and made a part of this Agreement.


Boardriders Club Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY. BY PARTICIPATING IN OUR BOARDRIDERS CLUB, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU CANNOT PARTICIPATE IN OUR BOARDRIDERS CLUB.

When you create a user account, you will be enrolled in the Company’s loyalty program (hereafter the “Boardriders Club”) and you agree to receive Boardriders Club emails. By creating an account and participating in the Boardriders Club, you agree (or, if you are under 18, you have obtained your parent or legal guardian’s consent) to participate in the Boardriders Club and receive commercial electronic messages from Company.

The Boardriders Club is valid online at the websites www.quiksilver.com.au, www.quiksilver.co.nz www.roxyaustralia.com.au, www.roxy-newzealand.co.nz, www.dcshoes.com.au and www.dcshoes-newzealand.co.nz (hereafter, “Participating Websites”) and at participating “Boardriders”, “Quiksilver”, “Roxy” and/or “DC Shoes” company owned retail stores in Australia and New Zealand (hereafter, “Participating Stores”).


Acceptance of terms and conditions of membership

Individuals aged under 18 years must obtain prior authorization from their parent, guardian or legal representative to join the Boardriders Club. By participating in the Boardriders Club, you represent that you have obtained such permission. Employees, officers, directors, agents and representatives of Company are ineligible for membership in the Boardriders Club.

You must read and agree to these terms and conditions of membership in the Boardriders Club (“Club Terms”), as set out below.

Company may, in its sole discretion, alter, limit, or modify the Boardriders Club rules, regulations, rewards, eligibility for membership, or any other feature of the Boardriders Club or may suspend or terminate the Boardriders Club at any time in its sole discretion, without giving you prior notice. In such instance, your Points (as defined in sub-section B below) may terminate or expire. Moreover, Company reserves the right to terminate your account and/or your participation in the Boardriders Club if Company determines in its sole discretion that you have violated these Club Terms, you have more than one (1) account, or that the use of your account or any content or materials owned by Company is disruptive, unauthorized, deceptive, fraudulent or otherwise unlawful.


Operation of the Boardriders Club

As a Boardriders Club member, you can earn Boardriders Club points (“Points”) by (i) purchasing Company brand (i.e., Boardriders, Quiksilver, Roxy and DC Shoes) merchandise(excluding the purchase of e-gift cards, gift cards, and/or shipping) on Participating Websites and at Participating Stores; and (ii) participating in Point-earning activities offered by Company from time to time (e.g., updating your profile, responding to a survey, etc.). Points earned in this way give you the ability to achieve different membership levels offering access to select rewards (“Rewards”) as determined by Company in its sole discretion.


Membership in the Boardriders Club

To join the Boardriders Club, simply ask about it at one of our Participating Stores or join online at the Participating Websites. You must create an online user account in order to participate in the Boardriders Club. Upon joining the Boardriders Club, you will receive a welcome email with a digital membership card. You will periodically receive emails from us. While you may opt–out of the marketing emails at any time, transactional emails may still be sent to you as they relate to your membership in the Boardriders Club. Examples of these are: the welcome email, account status emails, voucher notifications, anniversary and birthday offers or other communications that help us to maintain your user account. If you opt out of marketing e-mails, you may not be notified of all member offers that you would have otherwise been notified about had you agreed to receive marketing e-mails from us (e.g., special promotions). You may still access your membership status, earned Points and discount vouchers, by logging into your account.

You are responsible for the accuracy of the information you provide and shall be solely liable for any incorrect, incomplete or out-of-date information. Company reserves the right to request at any time any document to prove the identity of the person who has joined or wishes to join the Boardriders Club, particularly in the case of two people with the same name.

Only one membership in the Boardriders Club is permitted per person and email address.In the event of a dispute over ownership of your user account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Club Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Membership in the Boardriders Club, Points and Rewards are non-transferable, personal and for individuals’ own private, non-professional use only. Membership, Points and Rewards cannot be assigned or transferred.


Membership levels

The Boardriders Club has 3 levels of membership: Bronze, Silver and Gold.

You may earn Points over a 12-month period from the date on which you (i) join the Boardriders Club; or (ii) reach a higher membership level. Depending on the number of Points earned over such 12-month period, you will be eligible for one of the three levels of Boardriders Club membership, each with its associated Rewards.

  • Bronze: When you create a user account at the Website, you shall be eligible for Bronze membership.
  • Silver: When you reach a minimum of 500 Points but less than 1,000 Points over a 12-month period, as applicable, you shall be eligible for Silver membership.
  • Gold: When you reach a minimum of 1,000 Points over a 12-month period, as applicable, you shall be eligible for Gold membership.

Your membership level is valid for a 12-month period from the date on which you become eligible for that level. To remain eligible for the same membership level after the 12 months have elapsed, you must have earned the minimum amount of Points for that membership level, as set forth above.

If, when the 12-month period of eligibility to Silver or Gold membership elapses, you have fewer than the minimum Points necessary for that level, you will no longer be eligible for that membership level. You will then be moved down to a lower membership level, as set out below:

  • If, when the 12-month period of eligibility for Silver membership elapses, you have fewer than 500 Points, you will no longer be eligible for Silver membership and will instead receive Bronze membership.
  • If, when the 12-month period of eligibility for Gold membership elapses, you have fewer than 1,000 Points, you will no longer be eligible for Gold membership and you will instead receive Silver membership (if you would otherwise be eligible for Silver membership) or Bronze membership, (if you would not otherwise be eligible for Silver membership either, based on the number of Points earned in the relevant 12-month period).

When you are eligible for a higher membership level (Silver or Gold), you shall keep the Rewards of the lower level(s), in addition to access to the Rewards associated with the higher level. You shall not be entitled to the Rewards associated with a membership level higher than your own. For example, as a Silver member, you will get Bronze Rewards in addition to those associated with Silver membership, but you will not be entitled to any Rewards associated with Gold membership.

For more information about membership levels see the Boardriders Club overview.


Rewards

Your membership Rewards may include (without limitation) the following:

  • Welcome points: After joining the Boardriders Club, your user account will be credited with 100 Points;
  • You cannot use Rewards retroactively for prior purchases. Company is not responsible for lost or stolen Rewards.
  • If you opt out of certain types of e-mails, you may not be able to receive Rewards via e-mail.
  • For more information about Rewards see the Boardriders Club overview.

Points

Points have no monetary or real-world value. Unless a special offer is applicable (e.g., double points offers), you shall earn one Point for every Australian or New Zealand dollar [$1.00] you spend (based on country of purchase) (excluding the purchase of e-gift cards, gift cards, and/or shipping) on a Participating Website or in a Participating Store. Points earned depend on the value of your purchase and will be rounded up to the next dollar. When making a purchase on a Participating Website, you must log-in to your user account in order to earn Points.From time to time, we, or others acting with our permission, may offer you special promotions that offer you “Promotional Points." Promotional Points, such as “bonus" Points, will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.

No Points will be earned for purchases made on a Participating Website using the guest checkout option. Any purchases you make prior to joining the Boardriders Club will not be eligible for Points.

Company reserves the right, in its sole discretion, to determine and establish the value of Points. In the event of a dispute regarding the number of Points earned by a member, Company shall have the sole discretion to determine the accurate number of Points earned by such member. All decisions by Company with respect to Points are final.

For more information about points see quiksilver.com.au/boardriders-club. see the Boardriders Club overview.


Updating Your Account

Participation in the Boardriders Club requires an e-mail address and a valid password. You should keep your account details and user password confidential. Anyone with knowledge of both your email address and password can gain access to your account. You agree to immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your email and password. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS.

It is your responsibility to keep your information up to date and to notify Company of any changes by updating your user account information. You shall be solely liable for any out-of-date, incomplete or inaccurate information. Under no circumstances may Company be held liable in the event that you do not receive Points or a Reward due to out-of-date, incomplete or inaccurate information.

You may close your user account by sending an email request to rewards.au@boardriders.com or rewards.nz@boardriders.com.


Fraudulent Use of the Boardriders Club

Any fraud, attempted fraud or theft on a Participating Website or at a Participating Store, any wrongful or inappropriate use of the Boardriders Club, any abnormally high number of transactions found to have been made over one or more days, any payment incident or more generally any violation by you of these Club Terms may result in the automatic suspension or permanent deactivation of your membership in the Boardriders Club. Company reserves the right to suspend or deactivate your account, the Boardriders Club and/or cancel Rewards and you shall have no right to claim any compensation. In addition, any Points acquired in violation of these Club Terms or through misuse or fraudulent use shall be cancelled without any form of compensation.


Amendment, failure or interruption of the Boardriders Club

Company reserves the right to amend these Club Terms at any time, without providing you notice. Company also reserves the right to change Rewards offered, as well as to amend, suspend or cancel the Boardriders Club.

Company excludes all liability for all consequences, direct or indirect, of any failures of the Boardriders Club. No amendment, withdrawal or failure of the Boardriders Club shall give you an entitlement to compensation. If the Boardriders Club is suspended or cancelled, any Points earned may no longer be valid or honored by Company, at Company’s sole discretion.

IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR PARTICIPATING IN THE BOARDRIDERS CLUB, BE LIABLE FOR (AND ANY LIABILITY IS HEREBY EXCLUDED FOR) ANY DAMAGES OF ANY KIND ARISING FROM MEMBERSHIP IN THE BOARDRIDERS CLUB, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE OR MISUSE OF THE BOARDRIDERS CLUB.

BY PARTICIPATING IN THE BOARDRIDERS CLUB, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BOARDRIDERS CLUB, THE REWARDS, AND THE PARTICIPATING WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE PARTICIPATING WEBSITES, THE BOARDRIDERS CLUB, OR THE REWARDS WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE PARTICIPATING WEBSITES OR THE BOARDRIDERS CLUB WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE QUALITY OF THE PARTICIPATING WEBSITES, THE BOARDRIDERS CLUB, OR THE REWARDS WILL MEET YOUR EXPECTATIONS; AND/OR (D) ANY ERRORS OR DEFECTS ON THE PARTICIPATING WEBSITES, OR WITH RESPECT TO THE BOARDRIDERS CLUB OR REWARDS WILL BE CORRECTED.

PARTICIPATION IN THE BOARDRIDERS CLUB IS UNDERTAKEN AT YOUR OWN DISCRETION AND RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ELECTRICAL SYSTEM, WIRELESS ROUTER OR COMMUNICATION DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXCLUDES ALL LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE PARTICIPATING WEBSITES OR IN CONNECTION WITH THE BOARDRIDERS CLUB. COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.


10. COMMENTS


We welcome your comments and feedback about the Sites and our products. In addition, in some places the Sites enable users to post comments and product reviews which may be viewed by other users. If you post any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") on the Sites or sent to us, whether through the Sites, e-mail, facsimile, postal mail or by other means, you automatically grant, or warrant that the owner of such Comments has expressly granted the Company, a royalty-free, full-paid, perpetual, irrevocable, worldwide, unlimited, nonexclusive, sublicensable, and transferable license to use, re-use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, re-distribute, transmit, print, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, import, perform, exhibit, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. The Company may sublicense its rights through multiple tiers of sublicenses. You should not submit any Comments to us that you do not wish to license to us. The Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any Comments. You grant the Company the right to use the name that you submit in connection with any Comments. You agree to the foregoing grant of rights, consents, and agreements whether or not your Comments are used by us.


You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, and waivers set forth in this Agreement.


Without limiting the scope of this section or any future grant of rights, consents, agreements, and waivers you may make with respect to Comments, you hereby ratify any prior grant of rights, consents, agreements, and waivers made by you with respect to Comments submitted by you to us.


11. LICENSE AND SITE ACCESS


Company grants you a limited, revocable and nonexclusive license to access and make personal use of the Sites but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools. Neither the Sites nor any portion of the Sites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or use framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of Company and its related bodies corporate, licensors or licensees without express written consent of Company. You may not use meta tags or any other hidden text using Company's brand names or trade marks without the express written consent of Company. Any unauthorized use will immediately terminate the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Sites so long as the link does not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Company in its sole discretion. You may not use any Company logo or other proprietary graphic or trade mark as part of the link without express written permission of Company. You may not make any other part of the Sites, other than the home page of the Sites, available as part of another service by "deep linking," or otherwise, without prior written permission from Company. Any permitted links to the Sites must comply will all applicable laws, rules and regulations.


12. THIRD-PARTY AND CO-BRANDED SITES


The Sites may contain hyperlinks ("links") to websites operated by persons or entities other than Company ("third-party Websites") or to co-branded websites operated by a third party, including Company's related bodies corporate and licensees ("co-branded Websites"). We provide such links for your reference and convenience only. A link from the Sites to a third-party or co-branded Website does not mean or imply that Company endorses the content on that third-party or co-branded Website or the operator or operations of that third-party or co-branded Website. Company explicitly disclaims any responsibility for, and excludes all liability to you for, the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Website. Company does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Website. Company does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably waive any claim against Company with respect to information, content and materials contained on any third-party or co-branded Website, and any information, content and materials you provide to such third-party or co-branded Website (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Website to which you might link from our Sites. Your use of any website linked to from the Sites is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement. You understand that by using any third-party Website linked to from the Sites, you may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties.


COMPANY IS NOT RESPONSIBLE OR LIABLE FOR (AND EXCLUDES ALL LIABILITY TO YOU FOR) ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.


13. YOUR RESPONSIBILITIES


You agree to comply with all applicable laws in connection with your use of the Sites, and such further limitations as may be set forth in any written or on-screen notice from Company. As a condition of your use of the Sites, you warrant that you will not use the Sites for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Sites or any co-branded Website must be accurate, complete, and current.


You must not restrict, inhibit or interfere with any other user’s use or enjoyment of the Sites or use the Sites to distribute, transmit or link to any content or material which contains a virus or other harmful or malicious software.


By using the Sites, you agree not to violate or attempt to violate the security of the Sites, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Sites; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.


14. TERMINATION OR RESTRICTION


Company may terminate or restrict your access to all or any part of the Sites at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Sites at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty and disclaimers shall survive any such termination.


15. RISK OF LOSS


All products purchased from the Sites are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Company. Title to products purchased on the Sites, as well as the risk of loss for such products, passes to you when Company delivers these items to the carrier.


16. PRODUCT INFORMATION


Company attempts to be accurate in describing its products and services on the Sites. We do not warrant that product and service descriptions or other content of this or any other Sites are complete, reliable, current, or error-free.


We have made every effort to display as accurately as possible the colors of our products that appear on the Sites. However, as the actual colors you see depend on your computer monitor and other factors beyond Company's control, we cannot guarantee that your computer's display of any color on the Sites will be accurate.


Most Company products displayed on the Sites are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Sites may not be available in retail stores. Unless otherwise stated, the prices displayed at the Sites are quoted in Australian or New Zealand Dollars as applicable.


17. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY


THE SITES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO ANY STATUTORY GUARANTEES THAT CANNOT BE LAWFULLY EXCLUDED, COMPANY MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITES, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE FOR (AND ANY LIABILITY IS HEREBY EXCLUDED FOR) ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO COMPANY THROUGH THE SITES; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Company makes no representation that the contents of the Sites comply with the laws of any country outside Australia. If you access any of the Sites from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.


Company does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Sites or that it will give notice of such use, modification or alteration.


Where any applicable legislation implies any warranties, guarantees or conditions or imposes obligations upon Company which cannot be excluded, restricted or modified except to a limited extent, this Agreement must be read subject to those statutory provisions. If those statutory provisions apply, then to the extent to which Company is able to do so, its liability will be limited, at its option, to: (a) in the case of any goods supplied by Company, either: (i) replacement of the goods or supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; or (b) in the case of any services performed by Company, either: (i) the performance of the services again; or (ii) the payment of the cost of having the services performed again.


18. INDEMNITY


You indemnify Company against any claims, proceedings, losses, liabilities, costs or other expenses (including legal costs) and third party claims incurred by Company in connection with or arising, whether directly or indirectly, as a result of your breach of the terms of this Agreement, your use or access of the Sites or any violation of any applicable law in connection with this Agreement.


19. MISCELLANEOUS LEGAL PROVISIONS


Company may discontinue the Sites at any time and for any reason, without notice. Company may change, suspend, or cancel the contents, operation, or any and all other features of the Sites at any time for any reason, without notice.


You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Sites. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


Company's failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. You shall not resell or assign your rights, duties or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Company, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets, including your personal information, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the personal information we have collected from you may be one of the assets transferred.


If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.


This Agreement constitutes the entire and final agreement regarding the Sites and its contents, and supersedes any prior or contemporaneous communications between you and Company regarding the Sites and their contents.


All rights not expressly granted herein are hereby reserved to Company.


20. CONTACT US


If you have any questions or concerns regarding the Sites or this Agreement, please contact us by e-mail at privacypolicy@quiksilver.com or write to us at the following address:


Ug Manufacturing Co Pty Ltd


Attention: Legal Department


27 Baines Crescent


Torquay VIC 3228


T (03) 5261 6000 – Monday thru Friday 9am to 5pm