1.1 Operation and Website Use
(a) The Website is owned and operated by Omni Apparel, a division of Pacific Brands Clothing Pty. Ltd. (ABN 40 098 742 655) under the domain name 'www.berlei.com.au'.
(b) These terms and conditions govern Your use of the Website. By accessing any of the Website You agree to observe these terms and conditions.
(c) While Omni Apparel has made every effort to ensure that information is free from error, Omni Apparel does not accept any responsibility for any errors or omissions in the information on the Website.
(d) Omni Apparel does not guarantee that the Website or Third Party Websites will be free from viruses, or that access to the Website or Third Party Websites 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 Website published on the Website to date.
(b) Omni Apparel may at any time vary the terms and conditions by publishing the varied terms and conditions on the Website.
(c) You are responsible for informing yourself of any changes to these terms and conditions. You accept that by accessing the Website after any variation of the terms and conditions, You are deemed to have agreed to comply with the varied terms and conditions.
1.3 Omni Apparel Products
(a) Material on the Website may contain general information about Omni Apparel 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 Omni Apparel products.
1.4 Copyright and Trade Marks
(a) The Website and all material provided on the Website is owned or licensed by Omni Apparel, including the "look" and "feel" of the Website, the colour combinations, layout and all graphical elements.
(b) Except where necessary for viewing the material on this Website on Your browser, or as permitted under the Copyright Act 1968 or other applicable laws or these terms and conditions, nothing on the Website 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 Omni Apparel.
(c) Various trade marks, including the following trade marks, displayed on the Website, are owned by Pacific Brands Clothing Pty Ltd:
• Berlei
• Berlei Curves
• Barely There
• Sweatergirl
Other product and company names mentioned on the Website may be the trade marks of other people or entities. These trade marks should not be used without the prior consent of the owner.
(d) If You believe You own the copyright in any work and that work is displayed on the Website without Your permission, please contact Berlei and the matter will be investigated.
1.5 Third Party Websites
(a) The Website may contain links to Third Party Websites. Omni Apparel does not endorse, or approve of the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites.
(b) Subject to any applicable law which cannot be excluded, Omni Apparel makes no warranties or representations:
(1) regarding the quality, accuracy, merchantability or fitness for purpose of material, products or services available through Third Party Websites; or
(2) that material appearing on Third Party Websites does not infringe the intellectual property rights of any person. Omni Apparel is not authorising the reproduction of material appearing on Third Party Websites by linking the Website to Third Party Websites.
(c) When You follow a link on the Website, material at a Third Party Website may be displayed in Your browser framed by the Website. This material is third party material for the purpose of these terms and conditions.
1.6 Links to the Website
Please contact Omni Apparel if You would like to link to the Website.
1.7 Indemnity
Subject to clause 1.8, You hereby agree to indemnify and hold Omni Apparel 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 Website 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, Omni Apparel 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 Website or to Third Party Websites, whether in contract, tort including negligence, statute or otherwise.
(b) Liability of Omni Apparel 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 Omni Apparel'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, Omni Apparel does not warrant the operation of the Website or the server which stores and transmits the Website 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 Website) and Your access to the Website may be terminated at any time by Berlei without notice.
(b) All licences granted by You and all disclaimers and limitations of liability by Omni Apparel in these terms and conditions will survive termination, however, You will no longer be authorised to access the Website.
These terms of use were last updated on 31 July 2011.