Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.freddystoreusa.com's relationship with you in relation to your use of this website.


By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.freddystore.co.nz and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.freddystoreusa.com’s rights and obligations to each other.

COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), https://freddystore.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

DELIVERY OF PHYSICAL GOODS
https://freddystore.com uses USPS and UPS to deliver physical goods. https://freddystore.com is not responsible for goods that are either damaged in transit or not received. Damaged or lost orders should be resolved with UPS/USPS. Replacement of damaged or lost items is made at the discretion of https://freddystore.com 

ORDER CANCELLATION
All orders are considered final when confirmed at checkout. If you wish to change any part of your order, please email support@freddystore.com. Once an order is packed or processed, any change on the order may not be possible. Any change in an order is also not possible during the Christmas season or when purchase was made during an ongoing Sale or promotion. If the order is eligible for a return you may opt to return to us in accordance with the returns policy.

LINKS TO OTHER WEBSITES
https://freddystore.com may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.freddystore.co.nz and the owners of those websites. https://freddystore.com takes no responsibility for any of the content found on the linked websites.

https://freddystore.com website may contain information provided by third parties for which https://freddystore.com accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

YOUR PRIVACY
At www.freddystoreusa.com, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. https://freddystore.com respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988. Our secure servers protect all information we receive from our customers. https://freddystore.com’s secure server software encrypts all customer https://freddystore.com collects is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES
https://freddystore.com does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, https://freddystore.com may use the information that you provide to improve its website and its services but not for any other use.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

MOTHER'S DAY COMPETITION TERMS & CONDITIONS

  1. MAD Ventures Digital Inc dba Freddystore USA, 6710 E North Belt Road, Las Vegas, NV 89115 (“Promotor”)
  2. By participating in this Competition, the participants accept these Terms and Conditions which includes the Promotor’s Terms of Use, and acknowledge the Privacy Policy. Any violation of these Terms and Conditions may result in disqualification.  In the case of conflict between these Terms and Conditions and any other materials arising from or in connection with this Competition, these Terms and Conditions shall prevail. 
  3. This Competition commences at 6:00pm Pacific Daylight Time (PDT) on Wednesday 27th April 2022, and ends at 11:59pm PDT on Sunday 2nd May 2022 (“Promotion Period”). The time of entry for this Competition shall be the time when the entrant (defined below) tags someone in the Competition post and shares the Competition post to their Facebook and/or Instagram story.  Entry that is received after 11:59pm PDT of 2nd May 2022 would be considered as invalid. 

How to Enter

  1. To enter:
    a) each participant must be an American resident aged 18 years or above;
    b) a participant (“Entrant”) Tags a friend on the “Mother's Day Giveaway” post on Facebook and/or Instagram.
  2. There is no limit on how many times you can enter this competition.
  3. The Promotor reserves the right to (a) verify the validity of entries and participants; (b) disqualify any participant whose entry is not in accordance with these Terms and Conditions, or who otherwise committed misconduct or fraud.  The Promotor's decision is final and no communication will be made for such a decision or related process. 
  4. Employees and contractors (and their immediate family members) of Freddy USA, their related companies, subsidiaries and all agencies associated with this Competition are ineligible to enter.

Prize & Determination

  1. There shall be one pair of winners of the prize during the Promotion Period.  The pair of winners will receive two (2) Freddy gift cards with a face value of USD300 each (inclusive of Taxes) as prize.  The use of the gift card is subject to the Promotor's gift card terms and conditions. 
  2. This Competition is a game of chance. Skill plays no part in determining the winner. Winners will be randomly selected at the Promotor's office located at 18 Hill Street, Cremorne, VIC, 3121 by 2nd May 2022 (“Selection Date”).
  3. All entries must be independent to be deemed as valid. Entries must not have been published previously and/or have been used to win prizes in any other competitions whether with us or otherwise.
  4. The winners will be notified by email, direct message or phone within 7 days after the Selection Date. The prize will be delivered to the nominated email addresses of the winners.

General

    1. Participants shall be responsible for the entry and entry content (“Entry”) which they submit. The Promotor shall not be liable in any way for such entry to the extent permitted by law.  Participants warrant and agree that (a) they will obtain prior consent from the Entrant for the provision of  his/her details to the Promotor; (b) they will obtain prior written consent from any person who has jointly created or has any rights in the Entry to the uses and terms provided in these Terms and Conditions; and (c) they will comply with all relevant laws.   
    2. All intellectual property rights in the Entries become the properties of the Promotor. Participants further consent to the Promotor using and sub-license the participant’s name and Entry in any media perpetually without remuneration for the purposes of delivering and promoting this Competition, and marketing. Participants further consent to the Promotor disclosing the participant’s personal information and Entry collected to any government authority (if required by law). 
    3. If, for any reason, this Competition cannot be proceeded as a result of improper interfering, fraud, technical difficulties or other cause beyond the reasonable control of the Promotor, to the extent permitted by law the Promotor reserves the right: (a) to disqualify any participant who improperly interferes with the entry process; and/or (b) to cancel, terminate, modify or suspend this Competition.
    4. To the extent permitted by law, the Promotor makes no warranties, representations or guarantees, express or implied, in fact or in law, as regards this Competition.
    5. The Promotor does not exclude any rights or remedies in respect of goods/services which cannot be excluded, restricted or otherwise modified by law including any consumer guarantee under American Consumer Law (please see the Promotor's refund and return policy). 
    6. The Promotor shall not be liable for any loss or damage whatsoever which is suffered (including, but not limited to, indirect, consequential or special loss) or for personal injury which is suffered or sustained, in connection with or arising from this Competition.  Examples include but not limited to (a) any entry or prize that is incorrect, invalid, disqualified, cancelled, late, delayed, lost, altered, damaged or otherwise interrupted (whether before or after their receipt by the Promotor); (b) any technical issues (whether or not under the Promotor’s control), unauthorised access or improper interference; (c) winner’s tax liability arising from or in connection with this Competition; or (d) use of a prize by the winner, except if such liability cannot be excluded by laws.
    7. Without limiting any other terms herein and to the extent permitted by law, the participant indemnifies the Promotor for any breach of the above terms, conditions or warranties.
    8. The Promotor's failure to enforce any of its rights at any stage does not constitute a waiver of the same. 
    9. Any costs associated with submitting the Entry is the participant’s sole responsibility and is dependent on the Internet service provider used.
    10. These Terms and Conditions shall be governed by American Law.
    11. If you have any questions regarding this Competition, the Promotor may be contacted by email at support@freddystore.com

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

WE ARE BRANDS (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”).  By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).  Message and data rates may apply. 


User Opt Out:  If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify:  If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of FREDDY Pants.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@freddystore.com

Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements:  You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction:  You may not use of engage with the Platform if you are under thirteen (13) years of age.  If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content:  You acknowledge and agree to not send any prohibited content over the Platform.  Prohibited content includes:

-       Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

-       Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

-       Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

-       Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

-       Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

-       Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in KENSINGTON, VICTORIA before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which WE ARE BRANDS’ principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).  The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.  The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.  The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.  If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.  If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.  This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.