1.1 Operation and Web Site Use (a) The Web Site is owned and operated by Jockey®, a division of Pacific Brands Holdings Pty. Ltd. under the domain names 'www.jockeynz.co.nz', 'www.jockeyperformance.co.nz', 'www.jockeycrew.co.nz' and 'www.jockeywoman.co.nz' (b) These terms and conditions govern Your use of the Web Site. By accessing any of the Web Site You agree to observe these terms and conditions. (c) While Jockey® has made every effort to ensure that information is free from error, Jockey® cannot accept any responsibility for any errors or omissions in the information on the Web Site. (d) Jockey® does not guarantee that the Web Site or Third Party Web Sites will be free from viruses, or that access to the Web Site or Third Party Web Sites will be uninterrupted.
1.2 Variation in terms and conditions (a) These are the current terms and conditions. They replace any other terms and conditions for the Web Site published on the Web Site to date. (b) Jockey® may at any time vary the terms and conditions by publishing the varied terms and conditions on the Web Site. (c) You are responsible for informing yourself of any changes to these terms and conditions. You accept that by accessing the Web Site after any variation of the terms and conditions, You are deemed to have agreed to comply with the varied terms and conditions. terms and conditions last updated - 8th August 2008 - Version 2
1.3 Jockey Products (a) Material on the Web Site may contain general information about Jockey® products. Unless expressly stated otherwise, this information: (1) does not constitute an offer or inducement to enter into a legally binding contract; and (2) does not form part of the terms and conditions for Jockey products.
1.4 Copyright and Trade Marks (a) The Web Site and all material provided on the Web Site is owned or licensed by Jockey, including the "look" and "feel" of the Web Site, the colour combinations, layout and all graphical elements. (b) Except where necessary for viewing the material on this Web Site on Your browser, or as permitted under the Copyright Act 1968 or other applicable laws or these terms and conditions, nothing on the Web Site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Jockey. (c) The brand trade marks, displayed on the Website, are owned by the Pacific Brands Holdings Pty Ltd.Other product and company names mentioned on the Web Site may be the trade marks of other people or entities. (d) If You believe You own the copyright in any work and that work is displayed on the Web Site without Your permission, please contact Jockey® and the matter will be investigated.
1.5 Third Party Web Sites (a) The Web Site contains links to Third Party Web Sites. Jockey does not endorse, or approve of the operators of Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites. (b) Subject to any applicable law which cannot be excluded, Jockey makes no warranties or representations: (1) regarding the quality, accuracy, merchantability or fitness for purpose of material, products or services available through Third Party Web Site; or (2) that material appearing on Third Party Web Sites does not infringe the intellectual property rights of any person. Jockey is not authorising the reproduction of material appearing on Third Party Web Sites by linking the Web Site to Third Party Web Sites. (c) When You follow a link on the Web Site, material at a Third Party Web Site may be displayed in Your browser framed by the Web Site. This material is third party material for the purpose of these terms and conditions.
1.6 Links to the Web Site Please contact Jockey if You would like to link to the Web Site.
1.7 Indemnity Subject to clause 1.8, You hereby agree to indemnify and hold Jockey free from any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Your use of the Web Site and/or Your breach of these terms and conditions.
1.8 Limitation of Liability (a) Subject to any responsibilities implied by law and which cannot be excluded, Jockey is not liable to You for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to the Web Site or to Third Party Web Sites, whether in contract, tort including negligence, statute or otherwise. (b) Liability of Jockey for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Jockey's option, to: (1) the supply of the information, goods or services again; (2) the repair of the goods; or (3) the payment of the cost of having the goods or services supplied again or repaired. (c) All other implied conditions, warranties or rights howsoever arising, are excluded. In particular, Jockey does not warrant the operation of the Web Site or the server which stores and transmits the Web Site is free from viruses or harmful components.
1.9 Jurisdiction (a) These terms and conditions are to be governed by and construed in accordance with the laws of the State of Victoria, Australia. (b) Recognising the global nature of the Internet, You irrevocably submit to the jurisdiction of the courts of the State of Victoria, Australia.
1.10 Termination (a) These terms and conditions (and the agreement constituted by Your use of the Web Site) and Your access to the Web Site may be terminated at any time by Jockey without notice. (b) All licences granted by You and all disclaimers and limitations of liability by Jockey in these terms and conditions will survive termination, however, You will no longer be authorised to access the Web Site.
Copyright
Unless otherwise noted, all materials, including, but not limited to, text, images, illustrations, designs, icons, photographs, video clips, code and other tangible or intangible materials that are used as part of this Site ("Content") is copyrighted as a collective work under the United States and other copyright laws, and is the sole and exclusive property of Jockey. You may display, download and print material from the Site, such as store locations or product descriptions, solely for your personal, non-commercial use only.
Except as noted above, any other use, including but not limited to, the reproduction, publication, transmission, display, copying, distribution, modifying or creating of derivative works from, selling or participating in the sale of, or exploiting in any way, in whole or in part, the Content of this Site for any other purpose, without Jockey's prior written permission, is strictly prohibited. You may not modify in any way any part of the Site or the information and data listed, including any proprietary notices from materials downloaded or printed from the Site.
No right, title or interest in any Content, including copyright thereto, is transferred to you as a result of any authorized or unauthorized use of the Content of this Site.
Trademark
JOCKEY, Y-FRONT, Y-FRONT Design, JOCKEY.COM, SWIRL Logo, Jockey Figure Logos, and all other trademarks, logos and trade names used in this Site are trademarks of Jockey International, Inc., whether registered or not. They may not be used without Jockey's prior written approval. COOLMAX, LYCRA, MERYL and TENCEL are the property of the applicable third party owner.
User Comments, Feedback, and Other Submissions
All comments, reviews, ratings, feedback, suggestions, ideas, images, and other submissions disclosed, submitted or offered to Jockey through this Site or otherwise disclosed, submitted or offered in connection with your access to and use of this Site ("Submissions") shall be and remain Jockey's property. Such disclosure, submission or offer of any Submissions shall constitute an assignment to Jockey of all worldwide right, title and interest, including all copyright or all exclusive licenses to the copyright thereto as may be applicable, in the Submissions, subject to any third party rights. Thus, Jockey will own exclusively all such right, title and interest, including copyright or all exclusive licenses to the copyright thereto as may be applicable, in the Submissions, subject to any third party rights.
At its sole discretion and without limitation, Jockey has the right, but not the obligation, to post, store or otherwise use, commercial or otherwise, the Submissions, in whole or in part, on the Site and/or for any other purposes intended by these Terms of Use. Jockey also reserves the right, at any time, but not the obligation, to review, alter, edit, post, store, refuse to post or store, or to remove any Submissions, in whole or in part, for any or no reason. Jockey is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to user any compensation for any Submissions; or (3) to respond to any user Submissions.
You are and shall remain solely responsible for the content of any Submissions you make. You agree that no Submissions provided by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Submissions provided by you to the Site will be or contain any material that is defamatory, libelous, threatening, obscene, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. The views, opinions, recommendations, and comments submitted by you and any other content contained in the Submissions are solely your own and your responsibility. Jockey does not endorse and expressly disclaims any and all liability in connection therewith.
Product Information
Jockey® products are available at better department and specialty stores. Availability of the products displayed on this Site, on any other Jockey owned and operated website, or any other affiliated or unaffiliated third party site is subject to the supply and sole responsibility of each particular vendor. All product descriptions and offerings are subject to change at any time without notice.
Unless otherwise specified and except to the extent Jockey® products are offered for sale in the United States through this Site, other Jockey owned and operated website, or any affiliated or unaffiliated third party website, this Site and the Content thereof are displayed solely for the purpose of promoting Jockey's products and services available in the United States and select foreign markets.
Jockey has made every effort to display as accurately as possible the colors of our products that appear on this Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Links to Other Sites
Jockey may provide links to websites operated by affiliated or unaffiliated third parties. To the extent that this Site contains links to such third party websites, the availability and content of which Jockey does not control, any concerns regarding any such websites, or any link thereto, should be directed to that particular third party website owner. Third party websites each have their own, separate terms and conditions, privacy and data collection practices, independent of Jockey. These Terms of Use and Jockey's Privacy Notice do not apply to your access to and use of any third party website linked through this Site. You are solely responsible to read the terms and conditions and privacy policies of any third party website that you have linked to from this Site. You acknowledge and agree that Jockey is not responsible or liable for the availability of any third party website or for any content, advertising, products, services or other materials, or the accuracy thereof, on or available from such third party website. Links to third party websites do not constitute an endorsement by Jockey of any such website, the website owner, or the products or services available on or through the third party website. You acknowledge that Jockey is providing these links to you only as a convenience.
Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR ACCESS TO AND USE OF THE SITE THAT IT IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICEING OR REPAIRS OF ANY EQUIPMENT OR ANY COMMUNICATION NETWORK OR LINES YOU USE IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE, AND THAT JOCKEY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR ACCESS TO AND USE OF THE SITE. JOCKEY FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF COMPLETENESS OF THE USER SUBMISSIONS ON THE SITE, THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OR FROM THIS SITE. JOCKEY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR THIRD PARTY SECURE SERVERS HOSTING AND/OR ADMINISTERING THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
Limitation on Liability
IN NO EVENT SHALL JOCKEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR THIRD PARTY SECURE SERVERS HOSTING AND/OR ADMINISTERING THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER OR NOT JOCKEY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FORGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLLICABLE JURISDICTION.
Indemnification
You agree to defend, indemnify and hold harmless Jockey, its officers, directors, employees and agents, from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, attorney's fees, arising from: (i) your access to and use of the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right; or (iv) any claim that any of your Material caused damage to a third party. This provision will survive the Terms of Use and your access to and use of the Site.
Modification of Site
Jockey reserves the right, at its sole discretion, at any time and from time to time, for any reason, temporarily or permanently, in whole or in part, without prior notice, to modify or discontinue the Site, including, but not limited to (i) restricting the time the Site is available, and (ii) restricting or terminating any user's right to access and use the Site. You agree that Jockey shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, content or feature offered through the Site.
Miscellaneous
This Site is controlled and operated by Jockey from its offices in Kenosha, Wisconsin. These Terms of Use shall be construed in accordance with the laws of the State of Wisconsin, without regard to any conflict of law provisions. Any dispute arising under these Term of Use shall be resolved exclusively by the state and federal courts in Kenosha County, Wisconsin, United States of America.
These Terms of Use and any other legal notices published by Jockey on this Site, shall constitute the entire agreement between you and Jockey concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Jockey's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Termination
These Terms of Use are effective upon you accessing the Site. You may terminate these Terms of Use at any time. Jockey may terminate these Terms of Use, in whole or in part, without notice at any time. Jockey also reserves the right at its sole discretion to deny or restrict your access to and use of the Site or any portion thereof, without notice, for any reason or no reason.