Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to justhype.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and justhype.com.au's rights and obligations to each other.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), justhype.com.au's liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
DELIVERY OF PHYSICAL GOODS
justhype.com.au uses Australia Post to deliver physical goods. justhype.com.au is not responsible for goods that are either damaged in transit or not received. Damaged or lost orders should be resolved with Australia Post. Replacement of damaged or lost items is made at the discretion of justhype.com.au
LINKS TO OTHER WEBSITES
justhype.com.au may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between justhype.com.au and the owners of those websites. www.justhype.com.au takes no responsibility for any of the content found on the linked websites.
justhype.com.au may contain information provided by third parties for which justhype.com.au accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
At justhype.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. justhype.com.au respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Our secure servers protect all information we receive from our customers. justhype.com.au's secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data justhype.com.au collects is secured against unauthorised use or access. Credit card information is not stored by us on our servers.
justhype.com.au does not and will not sell or deal in personal or customer information. We may, however, use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, justhype.com.au may use the information that you provide to improve its website and its services but not for any other use.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only, and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other forms of electronic retrieval system.
INSTAGRAM COMPETITION TERMS & CONDITIONS
Prize Draw Terms & Conditions (Win a Just Hype wardrobe for you + a friend!)
By entering this prize draw (the “Prize Draw”) you (the “participant”) agree to be bound by these terms and conditions. Any information or instructions published by the Promoter about the prize draw at: https://www.justhype.com.au, http://www.instagram.com/justhypeausnz & http://www.facebook.com/justhypeausnz form part of these terms and conditions.
1. The promoter of this Prize Draw is JUST HYPE Australia and New Zealand (the “Promoter”).
1. This Prize Draw is open to Australia & New Zealand residents aged 18 or over only.
2. Employees or agents of the Promoter or any of its group companies or their families or households or anyone professionally connected to this Prize Draw are not eligible to enter.
3. Tagging a friend in the respective competition post featured on Instagram that begins on the 18th April 2019 is required to enter the competition at Just Hype Australia & New Zealand Facebook or Instagram page.
4. The participant and their tagged friend in the respective competition post featured on Instagram must both be following the Just Hype Australia and New Zealand Instagram page.
1. There is one prize available to be won. The prize will be 2 x $250.00 AUD/NZ Just Hype Store Gift Cards from www.justhype.com.au to be rewarded to the Winner and their tagged friend (the “Prize”).
2. The Prize carries no cash value, is non-transferable and may not be substituted by the winner. The Promoter may substitute a prize of equal or greater value for the Prize.
3. The Prize shall be sent to the winner within 5 days after the winner provides us with their email address and home address.
Prize Draw Period
1. The Prize Draw Period(s) is:
From 12:00 (AEST) 18th of April 2019 until 12:00 (AEST) 24th April 2019.
1. Entries that are incomplete or damaged will be deemed invalid. No responsibility is accepted by the Promoter for lost, delayed or damaged data which occurs during any communication or transmission of data.
2. The Promoter reserves the right at its absolute discretion to disqualify Entries which it considers do not comply with these terms and conditions or any participant who it reasonably believes has interfered with the fair running of this Prize Draw.
3. The Promoter shall have the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid claims including, without limitation, to require further verification as to the identity, age, and other relevant details of a participant.
4. Entries must be made by the participant and must not be made through agents or third parties.
5. Entries received after the close of the Prize Draw Period will not be eligible.
1. The winner will be selected on the 24th of April 2019.
2. The winner of the Prize shall be the first Entry selected at random from all Entries received by the Promoter at the end of the competition period
3. The winner will be notified via direct message on Instagram on the 24th of April 2019.
4. The winner will have 3 days from the date the notification was sent to claim their prize by sending a reply to the direct message from which the notification message from the Promoter was received.
5. In the event that the winner or substitute winner is unreachable, ineligible, or fails to claim the prize in the time required, the winner or substitute winner shall forfeit their prize and it will be awarded to a substitute winner, which shall be the next participant chosen at random from all remaining Entries.
6. The Winner’s details may be published on the following websites:
Privacy and Data Protection
1. The Promoter reserves the right to publish the name, social handles and town of residence of the winner. The winner may be required to participate in the Promoter’s marketing and promotional activities and by entering the Prize Draw consents to such participation.
3. Participants are advised that they are disclosing information to the Promoter and not to Instagram.
4. Other than as set out in these terms and conditions or for the purposes of operating the Promotion, the details and information provided by participants when entering the Promotion or claiming a prize will not be used for any promotional purpose, nor shall they be passed to any third party.
1. The Promoter shall not be liable for any interruption to this Prize Draw whether due to force majeure or other factors beyond the Promoter’s control.
2. The Promoter reserves the right, acting reasonably and in accordance with all relevant legislation and codes of practice, to vary the terms and conditions of this Prize Draw.
3. The Promoter will not be responsible or liable for: (a) any failure to receive Entries due to transmission failures and other conditions beyond its reasonable control; (b) any late, lost, misrouted, or damaged transmissions or entries; (c) any computer or communications related malfunctions or failures; (d) any disruptions, losses or damages caused by events beyond the control of the Promoter; or (e) any printing or typographical errors in any materials associated with the Prize Draw.
4. By entering the Prize Draw, the participant agrees to release the Promoter from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Prize Draw or with the acceptance, possession, attendance at or use of any prize (except death or personal injury caused by the Promoter’s negligence, for fraud, or otherwise as prohibited by law).
5. By entering this promotion, participants hereby agree to release Instagram from any and all liability whatsoever (except for any liability which cannot be excluded by law). This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
6. This Prize Draw is governed by Australian law.