Terms and Conditions

TERMS AND CONDITIONS FOR THE USE OF THIS WEBSITE

These Terms and Conditions govern the use of the Clarks (clarks.com.au) website ("websites") and, in conjunction with our Privacy Policy and Terms and Conditions for the Ordering, Purchase and Delivery of Goods, the purchase of any goods from it. 

ACKNOWLEDGMENT AND ACCEPTANCE By accessing, using or browsing these websites, you agree that your access to, and use of, this site is subject to these Terms and Conditions and all applicable laws, and is at your own risk. We may amend or update these Terms and Conditions at any time by posting any changes at these websites, without providing notice to you.

COPYRIGHT AND TRADE MARKS Copyright in these websites and its content is owned or licensed by Brand Collective Pty Ltd (ABN 34 098 742 628) (“Brand Collective”, “we”, “our” or “us”). You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Except as permitted by the Copyright Act 1968 or other applicable laws, any other use, including any commercial use of the content of this site, is strictly prohibited.

These websites also contains registered trademarks and trademarks which are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.

DISCLAIMER The information contained on these websites is provided by Brand Collective in good faith. To the best of Brand Collective's knowledge, the information is accurate and current. However, this site and its contents are provided to you on "as is" basis. The site may contain errors, faults and inaccuracies and may not be complete and current.

Brand Collective and its related bodies corporate, and their directors, officers, employees, or agents ("Brand Collective Associates") make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

LIMITATION OF LIABILITY Subject to any non-excludable liability implied by legislation (including the Australian Consumer Law), any liability of Brand Collective or Brand Collective Associates in connection with goods or services supplied to you that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, will, at the election of Brand Collective, be limited to:

  • in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods;
  • in relation to services, the supply of the services again or the payment of the cost of having the services supplied again; and
  • subject to non-excludable liability (including under Australian Consumer Law), in all other respects, Brand Collective will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through these websites.

VIRUS WARNING All care is taken to ensure that these websites and data transmissions are free from viruses. However, Brand Collective cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. it is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on this site, and you release Brand Collective entirely of all responsibility for any consequences of its use.

USE OF COOKIES Cookies are small pieces of information that your browser stores on your computer hard drive.

We use cookies to provide you site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information.

If you disable cookies on your web browser, you may not be able to fully experience all features of these websites.

THIRD PARTY SITES This site may contain links to third party sites. Brand Collective is not responsible for the condition or content of those sites as they are not under Brand Collective's control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Brand Collective of the sites or the products or services provided on the site.

Brand Collective does not permit any linkages to this site without prior permission.

APPLICABLE LAW These Terms and Conditions are governed by the laws in force in Victoria, Australia and 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.

This site may be accessed from Australia or overseas. Brand Collective makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

USER SUBMISSIONS By accessing, browsing, using, registering or contributing to our websites and any other area of our websites where you can post submissions or reviews or ask questions, you confirm that you have read, understood and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you must not use these websites.

OWNERSHIP OF SUBMISSIONS Other than personal data which is subject to our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Brand Collective on or through the websites or otherwise disclosed, submitted or offered by you (collectively, "Submissions") shall become and remain the property of Brand Collective once submitted. You must comply with the content standards set out in these Terms and Conditions. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.

SOCIAL NETWORKING SITES These Terms and Conditions also govern any submissions you make on any Brand Collective related third party website or page such as our Facebook page, Twitter, YouTube or other social networking site. All comments, images, videos and any other type of material posted on any third-party social networking site do not necessarily reflect the opinions or ideas of Brand Collective or its employees and Brand Collective is not responsible for any such content. In any event, all material posted on any third-party social networking site must comply with these Terms and Conditions and the third-party social networking sites terms of use, as applicable.

INTELLECTUAL PROPERTY RIGHTS A disclosure, submission or offer of any submissions and your agreement to these Terms and Conditions shall constitute an assignment to us of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make submissions on any Brand Collective related third party website or page, you must comply with the content standards set out below and these Terms and Conditions. Any third-party advertising on Brand Collective pages of third-party social networking sites are not the responsibility of, or endorsed by, Brand Collective. All rights, including copyright on Brand Collective pages are owned by or licensed to Brand Collective. Any use of any Brand Collective social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of Brand Collective. All worldwide rights reserved.

CONFIDENTIALITY Any material you upload to our websites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any Brand Collective related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our websites. We have the right to remove any Submissions you make on our websites if, in our opinion, such Submission does not comply with the content standards set out below.

RULES FOR SUBMISSIONS

  1. Please be polite and only write in English.
  2. You confirm that the Submission is your own and that the content does not infringe the material, trademarks or intellectual property of others.
  3. If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
  4. Submissions should not include:
    1. profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others;
    2. comments about other reviewers or bloggers;
    3. remarks that repeat criminal accusations, false, defamatory or misleading statements;
    4. material which impersonates others;
    5. spam or advertising, third party brand names or trademarks;
    6. personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers;
    7. HTML code, computer script or website URLs;
    8. availability, price or alternative ordering or delivery information; and
    9. information about Brand Collective’s suppliers or manufacturers.
  5. Brand Collective, in its absolute discretion, reserve the right to:
    1. not publish the Submission or remove it;
    2. take any appropriate action if deemed necessary; and
    3. remove reviews which relate to seasonal products which are no longer in season. Please let us know if you see any Submissions which do not comply with our rules.

 

CLARKS – Wallabee Day Giveaway April 2024

TERMS AND CONDITIONS

  1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. The Promoter is Brand Collective Pty Ltd (ABN 34 098 742 628) of Level 1, Building 10, 658 Church Street, Richmond, VIC 3121, Australia (Promoter).
  3. If you are an Eligible Person and satisfy all Entry Requirements then subject to these Terms and Conditions, you will be entered into the prize draw to win a prize (Promotion).
  4. Entries into the Promotion open at 7:00pm AEST 17 April 2024 and close at 11:59pm AEST 30 April 2024 (Promotional Period).

 

Eligibility and Entry

  1. Entry to the Promotion is only open:
    1. to permanent Australian Residents aged 18 years or older, excluding:
      1. employees (and their immediate families) of the Promoter;
      2. the related bodies corporate of the Promoter; and
      3. agencies associated with this Promotion,(Eligible Person).
    2. All entrants must read and consent to these Terms and Conditions as a condition of entry into the Promotion.
    3. For the purposes of these Terms and Conditions:
      1. “Australian Resident” means a person who resides in Australia at the start of the Promotion Period and who holds Australian citizenship or holds an Australian permanent residency visa.
      2. “Immediate family” means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin.
    4. During the Promotional Period, enter the Promotion:
      1. by signing up to the Clarks mailing list. Either by:
        1. being previously signed up to the mailing list (prior to the commencement of the Promotional Period); or
        2. during the Promotional Period, by entering your details via https://clarks.com.au/pages/wallabee-day and signing up to the Clarks mailing list (collectively, Entry Requirements).        

Eligible Applications

  1. Multiple entries into the Promotion are not permitted. Entrants can only enter in their own name. When an Eligible Person satisfies the Entry Requirement in paragraph 5 above, that Eligible Person will be entered into the Promotion. For the avoidance of doubt, the maximum number of entries for each Eligible Person who has satisfied the Entry Requirements during the Promotional Period is one (1) entry into the Promotion per Eligible Person.
  2. The use of automatic entry software, mechanical or electronic devices that allows an individual to automatically enter the Promotion is prohibited and may render all entries submitted by that individual invalid.
  3. Each entry must be made in accordance with these Terms and Conditions. By entering the Promotion, each entrant agrees to be bound by these Terms and Conditions. The Promoter may in its discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions.

Prize Draw

  1. This game of chance is conducted by the Promoter. The prize will be fulfilled and delivered by the Promoter.
  2. There will be five (5) draws with five (5) randomly winners drawn.
  3. The total prize pool is valued up to a maximum of AU$2,499.50 (incl. GST) (as at April 2024).
  4. Each winner will win two pairs of Clarks Originals Wallabees ($249.95 per pair incl GST, $499.90 total incl. GST)
  5. Any expenses related to the prize, collecting or participating in the prize or enjoying the prize will be borne by the winner and the winner’s guests.
  6. As a precondition of being eligible to accept the Prize Pool, the winner must (if requested by the Promoter):
    1. sign all reasonably required legal documentation in the form required by the Promoter in their absolute discretion, including, but not limited to, a media consent form, legal release and indemnity form.
  7. As a precondition of being able to participate in the Promotion and without limiting any paragraph of these Terms and Conditions, the winner and their companions must consent to the Promoter recording their image and/or voice, photograph or capture their likeness in any media and grant an irrevocable licence to use those recordings in any way which the Promoter may use in any manner it wishes including to distribute, broadcast use either nationally or globally without remuneration. This includes granting the right to edit such media, the right to use the media along or together with other information and the rights to allow other parties to use and / or disseminate the media.
  8. The Prize Pool is not exchangeable or transferable for cash or in any other way.
  9. Eligible Persons are not required to be present at the draw. The Promoter accepts no responsibility for any tax implications that may arise from the Prize Pool. All taxes which may be payable as a consequence of receiving the Prize Pool are the sole responsibility of the winner. Any additional costs involved are at the winner’s expense. Independent financial advice should be sought.
  10. There will be one (1) draw conducted for the Promotion. The draw will be undertaken by the Promoter via an independent third party online draw system at Level 1, Building 10, 658 Church Street, Richmond, VIC 3121, Australia at 10:00am AEST on 1 May 2024. The prize winner will then be notified by email.
  11. The Promoter may select additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn, or the winner is unable to comply with these Terms and Conditions.
  12. In the event of war, terrorism, pandemic, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any requirements of a relevant regulatory authority.  
  13. If the Prize Pool (or part of the Prize Pool) is unavailable for any reason, the Promoter, reserves the right to award the winner with an equivalent prize at the Promoter’s sole discretion, subject to any written directions from a regulatory authority.
  14. Any costs associated with redeeming any part of the Prize Pool are not included.
  15. The Promoter’s decision is final, and no correspondence will be entered into.
  16. The winner will be notified in writing via the contact details supplied by the Eligible Person when they enter the Promotion. The winner will be notified within two (2) working days after the winner is selected and the winner’s name will be published on the Clarks website located at https://clarks.com.au/pages/wallabee-day. To claim the prize, the prize winner must respond to the email within 10 business days of the notification email being sent.
  17. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct, calculated to jeopardise fair and proper conduct of the promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.  
  18. Incomplete or indecipherable entries will be deemed invalid.  
  19. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

General

  1. The Promoter assumes no responsibility for any failure to receive an entry in the Promotion or for inaccurate information by any person or for any loss, damage, or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify the Promotion.
  2. Entrants agree that they are fully responsible for any materials they submit to enter the Promotion including but not limited to comments, recordings, and images (Content). The Promoter or the Business shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.  
  3. As a condition of entering this promotion, each entrant licenses and grants the Promoter, the Business and the Promoter and Business’ affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.  
  4. By entering the Promotion all entrants consent to the use by the Promoter, the Business and other third parties, including but not limited to agents, contractors, service providers and media partners and providers of their name, image, likeness, username and social network account name for any publicity and commercial purposes, in any media and for an infinite period, without further compensation for the purpose of promoting and broadcasting and/or streaming the promotion (including any outcome). This includes but is not limited to use on TV, Facebook, Twitter, Instagram, YouTube, radio, print, display advertising, website and social media channels, and the Promoter’s blog and website.
  5. The Prize Pool may be subject to third party terms and conditions. The Promoter and event and third-party organisers hereby expressly reserve the right to eject the winner (and his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the Prize Pool.
  6. The Prize Pool is further subject to Clarks terms and conditions and hereby expressly reserve their rights under those terms and conditions.
  7. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
    1. to disqualify any entrant; or
    2. subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.  
  8. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.  
  9. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.  
  10. Except or any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:
  11. Any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
    1. any theft, unauthorised access or third-party interference;
    2. any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
    3. any variation in prize value to that stated in these Terms and Conditions;
    4. any tax liability incurred by a winner or entrant; or
    5. taking of the Prize Pool/attendance at the prize event.  
  12. The Promoter collect personal information (PI) in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use, and handle PI as set out in its Privacy Policy available at https://clarks.com.au/pages/privacy-policy
  13. In addition to any use that may be outlined in the Privacy Policies identified above, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policies also contain information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may disclose Australian entrant's PI to any entity outside of Australia in accordance with their respective

Privacy Policies.

  1. I have read, understood and accept the Terms and Conditions and the Privacy Policy of Clarks. I agree that Clarks may send me marketing and promotional materials.
  2. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Melbourne, Victoria, Australia.