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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.com.au 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 UYPS 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 

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.com.au 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.

INSTAGRAM & FACEBOOK COMPETITION TERMS & CONDITIONS

Prize Draw Terms & Conditions

By entering this prize draw (the “Prize Draw”) you (the “participant”) agree to be bound by these terms and conditions.  Any information or instructions published by the Promoter about the prize draw at: http://www.instagram.com/freddystoreusa & http://www.facebook.com/freddystoreusa, by email or on this website www.freddystore.com form part of these terms and conditions.

The Promoter

1. The promoter of this Prize Draw is FREDDY Store USA (the “Promoter”).

Eligibility
1. This Prize Draw is open to USA residents aged 18 or over only.
2. Employees or agents of the Promoter or any of its group companies or their families or households or anyone professionally connected to this Prize Draw are not eligible to enter.
3. Tagging 4 friends on the applicable competition post, is deemed an eligible entry. Entrants may double their chances by entering the giveaway on both Facebook and Instagram.
4. Eligible entries are only those received during the Prize Draw Period.

Prize

1. There is a total of five (5) Freddy pants to be won which will be awarded to the winner. The winner will receive all five (5) colours of our brand new 4 Button High Rise Full Length WR.UP Freddy pants from www.freddystore.com or the cost equivalent in the form of a Freddy Store USA Gift Card (the “Prize”).
2. The Prize carries no cash value, is non-transferable and may not be substituted by the winner. The Promoter may substitute a prize of equal or greater value for the Prize.
3. The Prize shall be sent to the winner within 10 days after the winner provides us with their email.


Prize Draw Period
1. The Prize Draw Period(s) is:
From 09:00 (PDT) 22nd October 2019 until 09:00 (PDT) 28th October 2019 (the “Prize Draw Period”).


Entry
1. Entries that are incomplete or damaged will be deemed invalid. No responsibility is accepted by the Promoter for lost, delayed or damaged data which occurs during any communication or transmission of data.
2. The Promoter reserves the right at its absolute discretion to disqualify Entries which it considers do not comply with these terms and conditions or any participant who it reasonably believes has interfered with the fair running of this Prize Draw.
3. The Promoter shall have the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid claims including, without limitation, to require further verification as to the identity, age, and other relevant details of a participant.
4. Entries must be made by the participant and must not be made through agents or third parties.
5. Entries received after the close of the Prize Draw Period will not be eligible
 

Winner Selection
1. The winner will be selected and notified via direct message on Instagram or Facebook on Tuesday 29th of October 2019.
2. The winner of the Prize shall be awarded to the Winner who has followed the post entry details, drawn at random by a third party approved winner generator.
3. The winner will have 3 days from the date the notification was sent to claim their prize by sending a reply to the direct message from which the notification message from the Promoter was received.
4. In the event that the winner or substitute winner is unreachable, ineligible, or fails to claim the prize in the time required, the winner or substitute winner shall forfeit their prize and it will be awarded to a substitute winner, which shall be the next participant chosen at random from all remaining Entries.
5. The Winner’s details may be published on the following websites:
http://www.instagram.com/freddystoreusa;
http://www.facebook.com/freddystoreusa;
http://www.freddystore.com

Privacy and Data Protection

1. The Promoter reserves the right to publish the name, social handles and town of residence of the winner. The winner may be required to participate in the Promoter’s marketing and promotional activities and by entering the Prize Draw consents to such participation.
2. The Promoter may use any personal information submitted in an Entry to advise participants of future promotions and to provide information about products of the Promoter or its associated companies that may be of interest. The Participant hereby consents to such personal information to be used for this purpose and confirms that it agrees with the Promoter’s privacy policy available at https://www.freddystore.com/pages/privacy-policy. Participants may withdraw consent to such use of personal information by writing to the Promoter or by using the opt-out process outlined in the Promoter’s privacy policy.
3. Participants are advised that they are disclosing information to the Promoter and not to Instagram.
4. Other than as set out in these terms and conditions or for the purposes of operating the Promotion, the details and information provided by participants when entering the Promotion or claiming a prize will not be used for any promotional purpose, nor shall they be passed to any third party.

General

1. The Promoter shall not be liable for any interruption to this Prize Draw whether due to force majeure or other factors beyond the Promoter’s control.
2. The Promoter reserves the right, acting reasonably and in accordance with all relevant legislation and codes of practice, to vary the terms and conditions of this Prize Draw.
3. The Promoter will not be responsible or liable for: (a) any failure to receive Entries due to transmission failures and other conditions beyond its reasonable control; (b) any late, lost, misrouted, or damaged transmissions or entries; (c) any computer or communications related malfunctions or failures; (d) any disruptions, losses or damages caused by events beyond the control of the Promoter; or (e) any printing or typographical errors in any materials associated with the Prize Draw.
4. By entering the Prize Draw, the participant agrees to release the Promoter from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Prize Draw or with the acceptance, possession, attendance at or use of any prize (except death or personal injury caused by the Promoter’s negligence, for fraud, or otherwise as prohibited by law).
5. By entering this promotion, participants hereby agree to release Instagram from any and all liability whatsoever (except for any liability which cannot be excluded by law). This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
6. This Prize Draw is governed by USA law.

 

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.au

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.