Website Terms of Use

Indico Pty Ltd trading as “Blackchrome Sportwear” (Blackchrome) owns and operates this Website. Access to and use of this Website is and the products and services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

1 Use of material on the Website

(a)Except for the limited use set out in paragraph 1(b) you may not use the Website, or the material contained on it, for any purpose. This involves:

(i)the reproduction of the material in any material form;

(ii)the distribution of the material in any material form;

(iii)re-transmission of the material by any medium of communication;

(iv)uploading and/or reposting the material to any other site on the internet;

(v)“framing” the material on the Website with other material on any other internet site.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Use.

(b)Notwithstanding the above restrictions on use of the material on the Website, you may download, store, print or display material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

(c)You may not modify or copy:

(i)the layout of the Website; or

(ii)any computer software and code contained in the Website.

(d)The Website Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:

(i)re-sold and/or re-distributed in any material form;

(ii)stored in any storage media; and/or

(iii)re-transmitted in any media,

without the prior written consent of the Owner.

2 Prohibitions

(a)You must not misuse this Website. You will not:

(i)commit or encourage a criminal offense;

(ii)transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

(iii)hack into any aspect of the Service; corrupt data; cause annoyance to other users;

(iv)infringe upon the rights of any other person’s proprietary rights;

(v)send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

(vi)attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Breaching this provision would constitute a criminal offense and Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

(b) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any linked websites.

3 Links to other Websites

(a)The Website contains links to other websites owned and operated by third parties and which are not under the control of the Owner.

(b)In relation to the other websites, which are linked to the Website, the Website Owner:

(i)provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Website Owner of the linked site;

(ii)is not responsible for the material contained on those linked sites;

(iii)has no control over the linked sites; and

(iv)accepts no responsibility for them or for any loss or damage that may arise from your use of them.

4 Disclaimer

(a)The Website Owner is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked websites.

(b)Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.

(c)To the fullest extent permitted by law, the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the linked websites and any materials posted on those sites, irrespective or whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

(d)This does not affect the Website Owner’s liability for death or personal injury arising from its negligence fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

(e)The Website Owner does not warrant guarantee or make any representation that:

(v)the Website, or the server that makes the site available on the internet are free of software viruses, bugs or trojan horses;

(vi)the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and

(vii)errors and defects in the Website will be corrected.

(f)The Website Owner is not liable to you for:

(viii)errors or omissions in the Website, or linked websites;

(ix)delays to, interruptions of or cessation of the services provided in the Website, or linked websites; and

(x)defamatory, offensive or illegal conduct of any user of the Website,

whether caused through negligence of the Website Owner, its employees or independent contractors, or through any other cause.

(g)You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

5 Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Website Owner and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Website Owner.

6 Limitation of liability

Clause 4 and/or clause 5 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law the Website Owner’s liability for the breach of an implied warranty or condition relating to goods is limited, at the choice of the Website Owner, to one or more of the following:

(a)the replacement of the goods or the supply of equivalent goods;

(b)the repair of such goods; or

(c)the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

7 Use of information gathered

Our privacy policy, which sets out how we will use your information, can be found at blackchrome.com.au/privacy-policy. By using this Website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.

8 Termination of access

The Website Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Website Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

9 Alteration of Terms of Use

The Owner reserves the right to change these Terms of Use:

(d)with or without further notice to you; and

(e)without giving you any explanation or justification for such change.

10 Indemnity

You agree to indemnify, defend and hold harmless Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.

11 Invalidity

(a)If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.

(b)These Terms of Use will be governed by and interpreted in accordance with the law of South Australia, without giving effect to any principles of conflicts of laws.

(c)You agree to the jurisdiction of the courts of South Australia to determine any dispute arising out of these Terms of Use.

12 Complaints

Blackchrome operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.