General Terms and Conditions
The Website is operated by PASSU PTY LTD (ACN 644 700 872). Access to and use of the Website, or any of its associated Products or Purchase Services is provided by PASSU.
1. In General
Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, 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 Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. 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 website linked to it.
4. Intellectual Property, Software, and Content
The intellectual property rights in all software and content, including the Passu brands and all other trademarks, trade names, and logos made available to you on or through this Website remains the property of Passu or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Passu and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
5. Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Shipping Policy for further information.
In order to contract with Passu, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Passu retains the right to refuse any request made by you.
5.1. Our Contract
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until we have conducted any verification (see 5.2 below) that may be necessary for your order, your payment has been approved by us and we have debited your credit or debit card.
5.2. Pricing and Availability
a) Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel your order within 24 hours and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
b) The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies, or out-of-date information regarding pricing, shipping, payment terms, or return policies.
5.3. Verification Process
For security purposes, we may require additional verification or information to enable us to complete your order. We may ask you to supply the following information:
A copy of your photographic driver’s license verifying your identity and billing address.
If the billing address differs from the address specified on your license, proof of address will be required in the form of a bank statement or other relevant documentation.
Other relevant documentation requested by our Online Team.
Payment of the Purchase Price may be made through one of the following third-party providers:
a) Paypal Checkout
b) Square Payment Gateway
(the 'Payment Gateway Providers')
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website.
The conditions of use relating to any discount code will be specified at the time of issue.
6.1. You acknowledge that the Purchase Services offered by Passu integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
6.2. In providing the Purchase Services, Passu may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Passu is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers with respect to providing the Delivery Services.
6.3. In the event that an item is lost or damaged in the course of the Delivery Services, Passu asks that you:
a) Contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
b) Contact us by sending an email to email@example.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
7. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Passu and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and shall 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 and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Passu’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
It is assumed that all artwork provided to be printed or embroidered onto the garments is the property of the person uploading in and that you have the authorization to utilize the artwork and vector files in the uploaded format. PASSU Pty Ltd will not be liable for copyright or any other legal infringement arising from the violation of intellectual property arising from this artwork. All liability will be passed onto the end-user and it is your legal responsibility to ensure that you have the permission or authorization to use the artwork for your purpose.
8. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
9. Linking from another Websites
If we link to other websites, we take no responsibility for the content of and make no representations as to the accuracy of any third party websites we may link to from this Website.
You agree to indemnify, defend and hold harmless Passu, its 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 this Website or your breach of the Terms of Service.
Passu shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
We 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.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
14. Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Queensland, Australia, 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 Queensland, Australia.
15. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Passu. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Passu.