Last Updated: October 2015
Trade Secret is owned and operated by Fashion Factory Outlets (TK Maxx) Pty Limited ABN 73 000 171 764 (“TK Maxx” “we”, “our” or “us”).
The Terms and Conditions may be changed or updated by TK Maxx from time to time and without prior notice. We will indicate at the top of the Terms and Conditions the date on which they were last updated and any use of the site following such a change assumes acceptance of the new Terms and Conditions.
You may use the website only in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which include complying with all applicable laws, regulations and codes of practice within Australia and any other jurisdiction from which you are accessing the site.
In using the site you agree that you:
- will provide true, accurate, current, complete and non-misleading information on any registration form, in any blog post or as otherwise reasonably requested by TK Maxx
- will not disclose any unauthorised, false or fraudulent details
- will not post, transmit or otherwise disseminate any information or images on or via the website, including images of minors, which is or may be inappropriate, harmful, vulgar, obscene, defamatory, harmful, tortuous, racist or otherwise illegal or offensive
- will not post any images of minors without their parent/guardian’s consent
- will not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party including intellectual property rights and rights of privacy.
If you are provided with a User ID, password or other information as part of our procedures it is your responsibility to treat such information as confidential and not disclose it to any third party. TK Maxx reserves the right to disable any User ID or password either chosen by you or allocated by TK Maxx in the event that TK Maxx believes you may have failed to comply with the Terms and Conditions.
You are responsible for your method of access to this website. You are also responsible for ensuring that all persons accessing this website through your internet connection are aware of, and in compliance with the Terms and Conditions.
TK Maxx 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 website linked to it.
Access to this website is provided on a temporary basis and we reserve the right at any time to
- withdraw or amend the service without notice
- withdraw access to some or all of the site
- suspend some or all of the services offered
- remove goods or services, blog posts, featured jobs or promotions from the website
- cancel your registration and/or account without prior notice
- deny access to the website where we reasonably believe (in our absolute discretion) that a user is in breach of any of these Terms and Conditions Returns Policy
Please refer to the Returns Policy and Product Recall section of the website for information on product returns.
Gift cards for use in TK Maxx can be purchased from any TK Maxx Store. Please see http://www.tradesecret.com.au/gift-cards/ for full terms and conditions in relation to gift cards. Valid Trade Secret gift cards can be redeemed at any TK Maxx store in compliance with the Returns Policy.
Some areas of the website may have additional terms and conditions. Where additional terms apply, we will make them available for you to read prior to your use of that area of the website. By using those areas of the website, you agree to the additional terms.
Links to Other Websites
Our website may also contain links to other sites operated by TK Maxx or its affiliates. We advise you to review the legal, privacy and security information for each such site to which you link as the terms and conditions and privacy policies may vary slightly from site to site.
Copyright, Trade Mark and Other Intellectual Property Rights
Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the website as well as the selection, arrangement and organisation of the foregoing and the website as a whole (collectively “Content”) are subject to copyright, trade mark, service mark, trade dress and/or other intellectual property rights or licences and rights of publicity and privacy, all worldwide rights, titles and interest in and to which are owned by, licensed or which may otherwise be used by TK Maxx or its suppliers. All software used on this website is the property of TK Maxx, its suppliers or third party suppliers as applicable and is protected by Australian copyright and other intellectual property laws.
Guidelines for Use
- You may print off one copy, and may download extracts, of any page(s) from the website for your personal reference and you may draw the attention of others within your organisation to material posted on the website
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text
- Our status (and that of any identified contributors) as authors of material on the website must always be acknowledged
- You must not use any part of the content on the website for commercial purposes without obtaining a licence to do so from us or our licensors
- If you print off, copy or download any part of the website in breach of these terms and conditions, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of materials you may have made
Submission and Uploading Material to our Website
You warrant that any Submissions comply with those standards, and you indemnify us for any breach of that warranty. As such, TK Maxx will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submissions in any manner it deems fit, in its sole discretion, and not be limited in any way in its use, commercial or otherwise of any Submissions. Further, TK Maxx shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions or provide attribution to any users for any Submissions. TK Maxx shall have no obligation to keep confidential, use, return or review any Submissions.
TK Maxx will not be responsible, or liable to any third party, for the content or accuracy of any materials or Content posted by you or any other use of the website.
As is true of many other websites, from time to time we may use a web browser feature known as a ‘cookie’. Cookies are very small text files written by an internet server to a website user’s browser when information is exchanged between them. Cookies only contain information that the server computer ‘knew’ in the first place and can only be read by the serving domain that placed them.
Cookies are an essential part of how the Internet works today and allow server computers to recognise your computer’s browser when you return. If you have ever gone to a website that automatically provides personalised content to you without you having to log in, such as your own stock portfolio, this is almost certainly being accomplished with a cookie. As cookies are only text files, they cannot run on your computer and have no ability to search your computer for other information or transmit it to anyone. Most cookies are termed ‘session cookies.’ This means that they expire when you leave the website. Most browsers are initially set up to accept cookies and can be reset to refuse all cookies or indicate when a cookie is being sent. Should you choose to disable any cookies associated with the Website, you will not be able to take full advantage of all the website’s features, but you should be able to navigate the website without difficulty.
We make all reasonable efforts to provide information on this website that is accurate and complete, however, pricing and typographical errors may occur or information may be out of date. There may be information, including information about products, their availability, or their prices that may be inaccurate or incomplete. We regret any inconvenience to you.
The inclusion of any products or services on this website at a particular time does not guarantee that the products or services will be available in all stores.
Prices and promotions for products may differ between stores and regions.
Disclaimer of Liability
The website, its content, any material displayed on this website, any information available on or through this website and the software is provide “as is” and “as available” and without any guarantees, conditions or warranties of any kind, either express or implied, as to its accuracy to the fullest extent permitted pursuant to applicable laws.
Unless expressly stated to the contrary, to the fullest extent permitted by law, TK Maxx and its affiliates, suppliers, content providers and advertisers will not be liable in contract, tort, (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or
- Any loss of goodwill or reputation or
- Any special, consequential or indirect damages, loss or profits or other losses suffered or incurred arising out of or in connection to this website or the linked sites and any materials posted thereon
TK Maxx does not represent or warrant that your use of the website, or the operation or function of the website or any services offered in connection with the website will be uninterrupted or free from errors or inaccuracies, that defects on the website will be corrected, or that the website or its server or any links are free of viruses or other harmful elements. TK Maxx makes no representations or warranty that the website, materials, software or any product offered or purchased through the website is applicable or appropriate for use or access in locations outside Australia.
Nothing in these Terms and Conditions shall limit TK Maxx’s liability for any liability which cannot be excluded or limited by law.
You agree to indemnify, defend and hold harmless TK Maxx’s directors, officers, employees, consultants, agents and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this website or your breach of these Terms and Conditions.
TK Maxx shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the service and/or any page of this website.
If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected. All other terms will remain in full force and effect. So far as possible where any term or part of a term can be severed or removed to render the remaining part valid, the term shall be interpreted accordingly. Alternatively, you agree that the term shall be rectified and interpreted in such a way that closely resembles the original meaning of the term as is permitted by law.
If you breach these Terms and Conditions and we take no action, TK Maxx will still be entitled to use its rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These Terms and Conditions are to be construed in accordance with the laws of New South Wales and, in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts of that State.