Terms & Conditions
• The EN GARDE Site is provided to you strictly on an “as is” basis, without warranties of any kind, either express or implied, statutory or otherwise. No written information given by EN GARDE shall create any warranty.
• While EN GARDE continues to make every effort to ensure that the photographs displayed on the EN GARDE Site are faithful reproductions of the original products, variations may occur due to the technical and colour resolution characteristics of your computer. EN GARDE shall not be liable for the eventual inadequacy of the graphic representations of EN GARDE products displayed on the EN GARDE Site owing to the above mentioned technical issues.
• EN GARDE will ensure proper care and maintenance of the EN GARDE Site. However, EN GARDE gives no guarantee that the EN GARDE Site will be accessible at all times. EN GARDE also does not guarantee that the EN GARDE Site will always be in the most up-to-date condition and free of defects. It is possible that delays, transcription errors or even misinformation could occur. EN GARDE takes all possible steps to ensure the accuracy and timeliness of the information included on the Site, but cannot absolutely guarantee the accuracy, completeness or timeliness of the information provided on the Site.
• IN NO EVENT, SHALL EN GARDE, OR ANY OF ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENCORS OR SUCCESSORS OR ASSIGNEE’S OF EACH BE LIABLE HERE-UNDER, UNDER ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, DATA OR PROGRAMMING, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTORY OR OTHERWISE (EVEN IF EN GARDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF (A) YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE SITE, (B) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE SITE, (C) YOUR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE SITE, (D) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION, (E) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, (F) UNAUTHORIZED ACCESS TO THE SITE AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (H) ANY OTHER MATTER RELATING TO THE SITE.
• Exclusive remedies. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION, DEFECTS, ERRORS OR PROBLEMS REGARDING (A) THE SITE SHALL BE THAT YOU LEAVE THE SITE, AND (B) ANY PRODUCTS THAT YOU PURCHASE OR ATTEMPT TO PURCHASE VIA THE SITE SHALL BE AS EXPRESSLY SET FORTH IN OUR RETURNS AND EXCHANGES POLICY.
• Force Majeure. Except for payment obligations, non-performance or late performance of either party shall be excused to the extent that performance is rendered impossible, commercially unreasonable, or delayed by strike, fire, flood, governmental acts or orders or restrictions, war, acts of terrorism, labor conditions, supply restrictions, communication or shipment problems, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing or late-performing party whether or not similar to the foregoing.
• As a user of the EN GARDE Site, you are required to comply with the law of the State of New South Wales and Australia and agree that any action resulting in connection with these Terms and Conditions will be brought in the Australian District Court for the NSW.
• In particular, you are not permitted to send (or otherwise make available) content over the EN GARDE Site or make it available which is libellous, defamatory, obscene, harmful or pornographic, or promotes violence, or violates privacy, infringes commercial protected rights or offer goods or services or solicits financial funds.
• User activities, the purpose of which is to render the EN GARDE Site functionally defective or make use of it more difficult, are prohibited and could give rise to civil and criminal proceedings.
• The EN GARDE Site (including its services) may also not be used for illegal purposes. It is prohibited to register third parties without their knowledge and explicit consent for the online store services or any other services, contests or sweepstakes advertised on the EN GARDE Site.
• All materials contained in the EN GARDE Site, including web pages, programs, graphics, images, trademarks, logos, sound, video, scripts and texts (“Content”) are the intellectual property of EN GARDE or its affiliates. All rights are reserved. You may not reproduce, publish, distribute, display, modify, create derivative work from, or in any way, in whole or in part, the Content without the prior express written consent of EN GARDE.
• Except as otherwise explicitly indicated on the EN GARDE Site, you should assume that everything which you see or read on this Site is subject to legal protection. Subject to these Terms and Conditions, and except as otherwise indicated on the EN GARDE Site, you may use, access, download, copy, store, manipulate, reformat, print or display any Content to which you have authorized access solely for your personal, informational and non-commercial use. No right, title and/or interest in any material, software or Content may be deemed assigned to you as a result of any such download or copying. Any copies must contain a copyright reference to EN GARDE. References given to protected rights must not be removed. Any commercial and/or public use of the Content or any part thereof is prohibited.
• EN GARDE and it's content providers shall have the exclusive right to authorize or prohibit, in their sole discretion, any reproduction, publication, distribution, display, modification, creation of derivative works from, or exploitation in any way of, in whole or in part, the Content. EN GARDE, its affiliates, and it's content providers shall have the right, at any time, to claim the authorship of any Content posted on the EN GARDE Site and to object to any use, distortion or other modification of such Content.
• Any reproduction, publication, distribution, display, modification, creation of derivative works from, or exploitation in any way of, the Content expressly authorized in writing by EN GARDE, its affiliates, or their content providers shall be carried out by you for lawful purposes only and in compliance with all applicable laws and the Terms and Conditions.
• If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright representative with the written information specified below:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
(b) A description of the copyrighted work that you claim has been infringed upon.
(c) A description of where the material that you claim is infringing is located on the EN GARDE Site.
(d) Your address, telephone number, and e-mail address.
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(g) Our copyright representative for notice of claims of copyright infringement can be contacted at the following e-mail address: firstname.lastname@example.org
• The trademarks and logos, whether registered or not, displayed on the EN GARDE Site, including, without limitation, EN GARDE, EN GARDE Apparel, EN GARDE Australia and all derivative trademarks, are owned by Inspire AM Pty Ltd or its affiliates. The domain names of the EN GARDE Site are registered domain names in Australia and in other countries owned by Inspire AM Pty Ltd or its affiliates.
• These and any other trademarks, service marks and trade dress of EN GARDE or its affiliates, including, but not limited to any mark that incorporates the above-listed marks or the domain names of the EN GARDE Site, may not be used by you in connection with any product or service that does not originate with EN GARDE, in any manner that is likely to cause confusion among consumer, or in any manner that disparages, discredits or tarnishes EN GARDE or that dilutes the distinctive character of these trademarks.
• All other trademarks, service marks and trade dress not owned by EN GARDE or its affiliates that appear on the EN GARDE Site are the property of the respective owners (“Third Party Owners”), who may or may not be affiliated with, connected to, or sponsored by EN GARDE or its affiliates.
• EN GARDE, its affiliates and all Third Party Owners are entitled to the exclusive use of their respective trademarks, service marks and trade dress.
• You are not authorized to use any of the trademarks, service marks and trade dress that appear on the EN GARDE Site in any manner for any purpose without the prior express written consent of EN GARDE or the respective Third Party Owner, as the case may be.
• Without the approval of EN GARDE or of its relevant licensor in writing, no license or other rights to the use of the contents on the EN GARDE Site is granted either explicitly or implicitly or in any other way. Any unauthorized use of the materials is strictly prohibited and will be subject to civil and criminal prosecution by EN GARDE.
• The viewing, printing or downloading of any graphic, form, document or other content from the EN GARDE Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any graphic, form, document or other content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the EN GARDE Site and their contents terminates the license granted hereby.
• All notices, proposals, ideas, feedback, comments, complaints and other contents which you provide to EN GARDE, will be regarded as provided on a non-confidential basis. EN GARDE reserves the right to use this information at its exclusive discretion. EN GARDE is not subject to any obligation (i) to treat the submissions as confidential or (ii) to respond to any submissions. You are responsible for ensuring that none of your submissions infringes the rights of third parties (including copyright, trademark, patent, commercial secrecy, privacy or other personal rights or intellectual property rights) and to that extent indemnify EN GARDE from all claims of third parties, including attorneys’ fees.
• The EN GARDE Site contains links to other websites maintained by affiliates of EN GARDE (“Affiliated Sites”).
• In some circumstances, the Site will contain links to other websites (“Third Party Websites”). EN GARDE or its affiliates do not operate, control, endorse or guarantee the contents of any Third Party Websites. EN GARDE is not liable either for the accuracy of the content of these websites or for the material which can be obtained from these websites. You agree that EN GARDE and its affiliates are not responsible for any content, services and/or products provided by any Third Party Website. When you access any Third Party Website through a hyperlink posted on this Site, please carefully read the terms and conditions of use and other policies of such Third Party Website. These Terms and Conditions do not apply to any Third Party Website.
• EN GARDE provides hyperlinks to Third Party Websites only for the convenience of users. By providing hyperlinks to Third Party Websites, EN GARDE does not recommend that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY EN GARDE OR ITS AFFILIATES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. IN NO EVENT SHALL EN GARDE OR ITS AFFILIATES LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
• Private use only. By submitting your order, you represent that you are purchasing for private household use only. We do not authorize any sale of our products outside Australia or any commercial resale. We reserve the right to reject orders and limit order quantities in our sole discretion.
• Product information and availability. Without limiting the generality of the disclaimers and limitations set forth in these Terms and Conditions, given the unique nature of our products we cannot assume any liability or responsibility for any inaccuracies or errors, or for any loss or damage caused by or arising from your reliance on information obtained from or through this Site and we may change information at any time. We determine product availability upon receipt and automatic acknowledgement of orders.
• Price, payment, taxes. By submitting your order via the Site, you agree to pay the purchase price for the items you selected plus shipping and handling costs, and applicable sales tax if any. Depending on the tax laws in your state, you may be required to pay use tax on purchases for which we do not collect sales tax.
• Delivery. We will deliver the products you purchased to a common carrier at our warehouse for shipment to the destination in Australia that you select; other details regarding shipping and delivery are described in our shipping policy. You receive title and you bear all risks of loss and damage to the products from the time we deliver the products to the carrier at our warehouse.
• To the extent permitted by law, you agree to indemnify, defend and hold EN GARDE and its affiliates harmless from any liability, loss, claim, expense, and cost, including reasonable attorneys’ fees, arising from or related to your use of this Site and/or your breach of these Terms and Conditions.
• These Terms and Conditions constitute the entire, full and complete agreement between yourself and EN GARDE.
• EN GARDE reserves the right at any time and from time to time to change the present Terms and Conditions and to modify or discontinue temporarily or permanently, the Site (or any part thereof) with or without notice. This also includes modifying or completely ceasing specific offers and services with a cost obligation. You agree that EN GARDE shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.
• Each section, paragraph, part, term, and/or provision of these Terms and Conditions shall be considered severable; and if, for any reason, any provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such provision shall not impair the operation, or have any other effect upon, other provisions of these Terms and Conditions as may remain otherwise intelligible, and the latter shall continue to be given full force and effect to bind you and EN GARDE; and said invalid provisions shall be deemed not to be part of these Terms and Conditions.
• Please feel free to contact us with any comments, questions, complaints or suggestions you may have regarding our products or the Site by sending an e-mail to email@example.com or by contacting: