Terms And Conditions

These Terms of Use (“Terms”) govern your use of our website located at https://4urth.com/ (“Site”) and form a binding contractual agreement between you, the user of the Site and us, 4URTH Pty Ltd (ACN 645 506 086) (‘4URTH Activewear’).

By using the 4URTH Activewear website users agree to be bound by and act in accordance with these terms of use (Terms of Use).

4URTH Activewear may amend the Terms of Use at its discretion and without notice. By continuing to use 4URTH Activewear’s website, the user accepts the Terms of Use as they exist from time to time. The Terms of Use will not be affected by, and will take precedence over, any other terms and conditions on 4URTH Activewear’s website.

Disclaimer

The information provided on 4URTH Activewear website does not constitute any formal financial or legal advice, nor is it intend to be taken as such.

While all care is taken by 4URTH Activewear to ensure the information on its website is up-to-date, accurate and fit-for-purpose, 4URTH Activewear does not provide any assurances or warranties in this regard and users accessing this website are responsible for making their own assessment, and should seek their own independent advice before acting or relying on any of the content on this website.

Users who access this website and its content from outside Australia do so at their own risk.

Liability

To the maximum extent permitted by law, 4URTH Activewear excludes any liability which may arise as a result of the use of this website or its content. Where liability cannot be excluded, any liability incurred by 4URTH Activewear in relation to the use of its website or its content will be limited to the extent provided by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). To the extent permitted by law, 4URTH Activewear will not be liable to any person for any indirect, incidental, special or consequential loss.

While all care is taken, 4URTH Activewear provides no warranties or guarantees that any file, program, access or use of this website is free from viruses, malware or other harmful technology or material which could damage users’ data, hardware, software or other equipment. By accessing and using 4URTH Activewear website, users assume all risk in this regard and release 4URTH Activewear from all applicable responsibility and liability. Users should protect their own software and systems by installing and implementing their own security and system checks.

 

Third party links

4URTH Activewear’s website may include links to other websites, plug-ins and applications not created or controlled by 4URTH Activewear, and may display content or information from other websites (Third Party Content). In most cases Third Party Content has been included to provide an additional information source for users. Clicking on third party links may allow others to collect information about you. If you follow a link to any third-party website, please note that these websites have their own privacy policies and 4URTH Activewear does not accept any responsibility or liability for their data activities.

4URTH Activewear provides no warranty or endorsement of the accuracy, currency or suitability for any purpose of any Third Party Content or its author or owner. Third parties may link to 4URTH Activewear’s website provided such links:

  • clearly attribute the link’s content as being owned by 4URTH Activewear; and
  • are in no way misleading or deceptive.

Posting comments

4URTH Activewear’s website may enable users to post comments (e.g. on blogs, forums or other public areas). Users are responsible for all comments they post and 4URTH Activewear reserves the right to delete any post or comment at any time, without notice.

Cookies

4URTH Activewear’s website uses cookies. Cookies are small text files that are stored on your computer (or internet enabled device) by websites you visit. These files contain certain pieces of information that help you navigate the website efficiently.

4URTH Activewear uses cookies to monitor the use of its website, to observe user behaviour and to provide users with an improved and more efficient service.

By using 4URTH Activewear’s website you accept the use of the cookies used on 4URTH Activewear’s websites.

Email addresses

4URTH Activewear publishes the email addresses of its staff on its website for business purposes only. The publication of these email addresses does not constitute consent by 4URTH Activewear staff to receiving unsolicited commercial electronic messages not directly related to the recipient’s role.

Privacy and personal information

As part of use of its website 4URTH Activewear may collect personal information. Personal information collected will be handled in accordance with the Privacy Policy. 4URTH Activewear’s privacy policy forms part of these Terms of Use.

You also agree with the following conditions:

  • Warranties
      1. You represent and warrant to us that:
        1. you have the legal capacity to enter these Terms; and
        2. you have complied with clause 1.3.
  • Liability
      1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
      2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
      3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
        1. in the case of goods:
          1. the replacement of the goods or the supply of equivalent goods;
          2. the repair of the goods;
          3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
          4. the payment of having the goods repaired, and
        2. in the case of services:
          1. the supply of the services again; or
          2. the payment of the cost of having the services supplied again. 
  • Termination
      1. These Terms terminate automatically if, for any reason, we cease to operate the Site.
      2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way. 
  • General
      1. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms. 
      2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
      3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
      4. This Agreement is governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.
  • Unfair contract terms
    1. Each party acknowledges and agrees that:
  1. this is not a standard form contract under the Australian Consumer Law; and
  2. had the opportunity to receive independent advice and negotiate this Contract; and
  3. it is aware of the risks that the Vendor undertakes in relation to the Development; and
  4. the Contract is reasonably necessary protect the legitimate interests of the Vendor.
  1. If any part of this Contract is deemed to be an unfair term or void for the purpose of the Australian Consumer Law:
  1. that part will be severed from this Contract; and
  2. all parts which are not deemed to be an unfair term and/or void for the purpose of the legislation remain in effect.