Mannkobe Enterprises Online Content Terms and Conditions
The Mannkobe Enterprises website, mobile website, and other Mannkobe Enterprises branded online properties (“Online Content“) is owned and operated by Mannkobe Enterprises (ABN 33 497 866 231).
By using or accessing the Online Content, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Online Content.
If you are under 18 years of age, you must obtain your parent of legal guardian’s consent to access and use the Online Content and our services offered on the Online Content.
1. Governing law
Mann Kobe Enterprises controls and operates the Online Content from its offices within Australia. These Terms of Use are governed by the laws of the State of Victoria. You and Mann Kobe Enterprises agree to submit to the non-exclusive jurisdiction of the courts of Victoria. If you choose to access this site from another location, you are responsible for compliance with applicable local laws. Mann Kobe Enterprises makes no representation that the Online Content is appropriate or available for use in all locations.
2. Revisions to Terms of Use
Mann Kobe Enterprises may revise or amend these Terms of Use at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms of Use.
3. Site contents, ownership, and use restrictions
The material on this site is protected by all applicable laws including copyright and trade mark laws under the laws of Australia and other countries through international treaties.
Unless otherwise indicated and except for information directly from, or links to, third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support the Online Content including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Mann Kobe Enterprises and its related companies, affiliates, licensors and licensees.
All right, title and interest in all intellectual property rights in all of Mann Kobe Enterprises’ brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Online Content (the “Brand Features“) are the property of Mann Kobe Enterprises and will remain or be vested in Mann Kobe Enterprises at all times. Your use of the Online Content will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Online Content. Mannkobe Enterprises, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Online Content.
4. Information from and Advertising and Links to Third Party Websites
The Online Content may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of Mannkobe Enterprises and Mannkobe Enterprises is not responsible for the contents of any such information or website. Mannkobe Enterprises provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Mannkobe Enterprises. You rely on such information or websites entirely at your own risk.
You are referred to the relevant third party websites for all information regarding the third parties’ products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website. To the extent that such websites collect personal information or contributions from you, Mannkobe Enterprises shall bear no responsibility or liability for the manner in which such information is used or exploited. You are referred to the relevant third party’s privacy policy for information on how personal information is collected, used and disclosed by that third party.
The Online Content may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media applications or features, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with any social media links, applications or features on the Online Content. The Online Content is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
5. Personal, non-commercial use
Permission is granted to display, copy, distribute, download, and print in hard copy portions of the Online Content solely for the proper and reasonable purposes of:
- Placing an order with Mannkobe Enterprises Business; or
- Using this site as a shopping resource, provided that you do not modify the site, that Mannkobe Enterprises retains all copyright and other proprietary notices contained in the Contents, and that you otherwise adhere to these Terms of Use.
- You must not, without Mannkobe Enterprises’ prior written permission, exploit any of our materials for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.
6. Prohibited conduct
- You are not authorised, without the prior written permission of Mannkobe Enterprises and any other owner of rights in the Online Content that you access, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from the Online Content.
- You must not use any robot, spider, scraping device, deep link or any other automatic tool or algorithm or any manual process that performs the same function.
- You may not decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Online Content to a human perceivable form; distribute or republish any element of the Online Content in any way; resell, rent, lease or lend any element of the Online Content; defeat, disable or circumvent any security feature of the Online Content; or transfer any element of the Online Content to any third party.
- No trademark (whether registered or otherwise) that is contained on this site or otherwise used by Mannkobe Enterprises may be used without our prior, specific, written permission or that of the trademark owner.
- You must not upload, post, transmit or otherwise make available through this site any material which:
- violates or infringes the rights of others (including their privacy and intellectual property rights);
- is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the site;
- affects the functionality or operation of the site or its servers or the functionality or operation of any user’s computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly);
- breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Mannkobe Enterprises to take remedial action under any applicable industry code; or
- solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses.
7. We can use your feedback
You grant Mannkobe Enterprises an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Mannkobe Enterprises from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.
8. Indemnity
You agree to indemnify and will keep Mannkobe Enterprises (and its related bodies corporate, personnel, servants and agents) indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Mannkobe Enterprises (or its related bodies corporate, personnel, servants and agents) in connection with your use of the Online Content, your breach of these Terms of Use or your breach of any rights of third parties.
Buying products through our Online Content
Products and prices may vary between Mannkobe Enterprises and its related bodies retail stores and those found on the Online Content.
9. Ordering goods/services
You may purchase goods/services via the Online Content by selecting and placing your order in accordance with these Terms of Use and as directed on the Online Content. Any order placed by you in the manner described in the Online Content is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on the Online Content at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you. Any order placed by you is subject to your compliance with any product specific limitations shown on this website (or applicable Online Content). Mannkobe Enterprises may change the prices published on the Online Content at any time. Prices of products placed in the ‘basket’ but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Mannkobe Enterprises is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this Online Content, or an error in your order. We may require additional verification or information before accepting any order. Our policies as to delivery and returns apply as set out in these Terms of Use.
You warrant that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the Paypal account or credit or debit card used to place your order and that your nominated Paypal account or credit or debit card will cover the full cost of the products. Upon receiving your order, we will carry out a standard pre-authorisation check of your payment method (if applicable) to verify the details submitted and to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. If we are unable to successfully process your Paypal account or debit or credit card payment for your order, we may notify you of dishonour and cancel your order.
If your order is accepted by us, you authorise us to debit the amount that is payable for your order from your nominated payment method to pay for the purchase price of the products and any applicable fees and charges.
We reserve the right to reject your order for products purchased through the Online Content for any reason, including but not limited to if the products are not available, if there is an error in the description or price of the requested products as advertised on the Online Content or if there is an error in your order. If we reject your order, we will endeavour to notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for the products, you will receive a full refund.
10. About our prices
Product availability may vary between Mannkobe Enterprises retail stores and the Online Content due to different customer offers. All prices are inclusive of GST. Prices displayed on the Online Content are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers. We reserve the right to contact you at the time you place the order or within a reasonable time thereafter if we have any concern about the quantity of products you have purchased. You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
11. Delivery
See our Delivery Policy.
12. Returns policy
See our Returns-Refunds Policy.
13. Title and risk
Title to the goods purchased from Mannkobe Enterprises online does not pass from Mannkobe Enterprises to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.
14. Australian Consumer Law Consumer Guarantee Rights
Mannkobe Enterprises’ goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
15. Additional product warranties
Mannkobe Enterprises may provide an additional warranty in addition to your Consumer Law rights and remedies. Any warranties given provide you with benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.
16. Disclaimer of liability
To the extent permitted by law, Mannkobe Enterprises will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use, copying, or display of the contents of the Online Content; (2) goods or services supplied by Mannkobe Enterprises under these Terms of Use; or (3) a failure or omission on the part of Mannkobe Enterprises to comply with its obligations under these Terms of Use.
17. Limitation of liability
You warrant that:
- all information and data provided by you to us through the Online Content or otherwise is current, correct and complete;
- if you purchase goods via the Online Content, the person receiving the goods at the delivery address is authorised by you to do so; and
- you have and will comply with all applicable laws relating to your use of the Online Content and your placement of any order with us via the Online Content.
To the extent permitted by law, our total liability to you (if any) in connection with the Online Content, or with these Terms of Use or any goods or services supplied under them, will be limited, at our election, to: (1) in the case of information or services supplied or offered by us, the re-supply of the information or services or payment of the cost of doing this; (2) in the case of goods supplied or offered by us, repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; and/or (3) the amount paid by you (if any).
18. Disclaimer of warranty
Mannkobe Enterprises is providing the Online Content on an ‘as is’ and ‘as available’ basis and use of it is at your own risk. Mannkobe Enterprises and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Online Content (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the Online Content. To the extent permitted by law, Mannkobe Enterprises expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability, merchantability or fitness for purpose.
19. Rights we cannot exclude
The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Australian Consumer Law including the Consumer Guarantees.
20. Termination
Your ability to purchase goods from Mannkobe Enterprises Online may be terminated by Mannkobe Enterprises at any time without notice. All restrictions, licences granted by you and limitations of Mannkobe Enterprises’ liability will survive termination.
21. Privacy
Mannkobe Enterprises collects, uses, holds and discloses personal information in accordance with its Privacy Policy and Collection Statement.
Through interaction with the Online Content, Mannkobe Enterprises will receive and store information that you provide or that is generated by your actions. For example, like many websites, Mannkobe Enterprises uses “cookies” and other technologies, to collect information about matters including but not limited to the date, time and duration of visits and which pages of the Online Content are most commonly accessed.
This information is generally not linked to the identity of visitors, except where the Online Content is accessed via links in an email or another electronic message we have sent or where we are able to uniquely identify the device or user accessing the Online Content, such as when you are logged into an account.
We may use this information for purposes including but not limited to understanding and measure your online experiences, determine what products, promotions and services are likely to be of interest to you, and to provide you with relevant marketing materials when you visit third party websites.
You can generally set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. To learn more about cookies and how to specify your preferences, you can search for “cookie” in the “Help” (or similar) portion of your browser.
22. Creating an Account
You do not need to register a user account to access and browse the Online Content. However, in order to use some parts of the Online Content, you may be required to register an account in the manner set out on the Online Content (each an “Account“). Mannkobe Enterprises reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of Mannkobe Enterprises is final and no correspondence will be entered into.
All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to make a purchase via the Online Content or otherwise where indicated. You may never use another person’s Account without their permission.
You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify Mannkobe Enterprises of any unauthorised use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify Mannkobe Enterprises when you desire to cancel your Account. Mannkobe Enterprises will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Mannkobe Enterprises retains the right and absolute discretion to terminate your Account and/or access to the Online Content (or any element thereof) if it believes that you are abusing or tampering with the Online Content (or any element thereof) in any way, that you have breached these Terms of Use, or that you have engaged in any unlawful conduct or other misconduct calculated to jeopardise the proper administration of the Online Content (or any element thereof). Mannkobe Enterprises’ legal rights to recover damages or other compensation from such an offender are reserved.
The use of any automated software or any other mechanical or electronic means allowing users to create Accounts is prohibited. Mannkobe Enterprises reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.
23. General
If the Online Content is not capable of running as planned for any reason beyond the reasonable control of Mannkobe Enterprises, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of Online Content, Mannkobe Enterprises reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Online Content.
Any costs associated with downloading, installing, accessing and using Online Content remain your responsibility and are dependent on the service provider used. You also understand that we cannot and o not guarantee or warrant that the Online Content or any material available for download via the Online Content will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements.