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Terms and Conditions – USA

PART A: INTRODUCTION

These Terms and Conditions, which incorporate our Privacy Policy, govern the use of http://www.brasnthings.com/us-en/ (the Website). By accessing, using, browsing, registering with or contributing to any area of the Website, you agree that your access to and use of the Website is subject to these Terms and Conditions, (including our Privacy Policy) and all applicable laws, and is at your own risk. If you do not agree to these terms in their entirety, you must not use this Website. You also affirm that you are 18 years of age or older and are fully competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions.

We may amend or update these terms and conditions at any time by posting any changes at this Website, without providing notice to you. By continuing to access and use this Website, you will be deemed to have agreed to any changes or updates to these terms. These Terms and Conditions (including where applicable, our Privacy Policy ) set out the entire agreement between you and Bras N Things regarding this Website and any use of it and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.

If you do not understand these Terms and Conditions or if you have any questions regarding our Products or this Website, please contact our Customer Care Team and a representative will be happy to assist you. The Customer Care Team operates on Monday to Friday (excluding public holidays in Sydney, Australia) from 8.30am until 5.30pm (Australian Eastern Standard/Daylight Savings Time).

The contact phone numbers for our team are:

  • Callers from Australia: 1800 810 031
  • Callers from New Zealand: 0800 556 611
  • Callers from South Africa: +27 87 250 0565
  • Callers from United States of America: +1 (855) 434-2236
  • Callers located elsewhere: +61 1800 810 031

or contact us via email.

 

  1. DEFINITIONS

The following definitions are used in these Terms and Conditions.

Bras N Things Retail Store means a physical (not online) retail outlet trading under the name Bras N Things and listed as a “Bras N Things Store” at https://www.brasnthings.com/us-en/stores/.

Business Day means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia.

Gift Card means an electronic or physical gift card issued through a Bras N Things Retail Store, through the acquisition of which you or a recipient may make non-cash payments for goods from Bras N Things Retail Stores.

Goods means the items described or displayed on the Website.

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Personal Information has the meaning given in our Privacy Policy.

Privacy Policy means the Bras N Things Privacy Policy found on the Website at Privacy Policy.

Terms and Conditions means these terms and conditions governing the Website and any activities occurring via the Website, including Part B: Gift Card Terms and Conditions; Part: Bras N Things Instore Rewards Program Terms and Conditions; Part D: Terms and Conditions for Submissions and Part: the general terms of use, as amended from time to time.

use (including variations thereof) includes access, interaction, sending and receiving information, downloading and uploading, posting, browsing, making purchases (if applicable), obtaining customer service and engaging in any other activity or using the features and functions of the Website, as a visitor, registered user or otherwise, including via mobile devices (whether through our mobile application or by accessing the Website through web browser software on a mobile device).

we or us or our or Bras N Things means Bras N Things Pty Ltd ABN 69 072 187 270.

Website means http://www.brasnthings.com/us-en/.

you or your or consumer means you as the user of the Website

PART B: SPECIFIC GIFT CARD TERMS AND CONDITIONS

  1. GIFT CARDS

12.1 In this Part C:

Pin Number means the 4-digit Code printed on the back of the Gift Card.

Remaining Gift Card Value means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent which and can be accessed by using the Gift Card in accordance with these Terms and Conditions.

A reference to "you" or "your" is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms of Use and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.

12.2 To purchase a Gift Card from a Bras N Things Retail Store, present the generic Gift Card to our in store team member. Check that the Gift Card has not been removed from the cardboard carrier and that the scratch panel on the back of the Gift Card has not been tampered with or removed. If it has been tampered with or removed, give the Gift Card to our in store team member to be destroyed and select a new one. Nominate the value you wish to be loaded on the Gift Card. A minimum of $20.00 and a maximum of $999 can be loaded on each Gift Card. Once you pay the team member for the Gift Card, they will activate the card and load it with the nominated value. It is then ready to use at a Bras N Things Retail Store in the country of purchase.

12.5 Gift Cards may not be used to make purchases by email or facsimile, pay store accounts, credit card or other bills or purchase other Gift Cards or other legal tender.

12.6 Gift Cards are treated like cash. If your Gift Card is lost or stolen it will not be re-issued and the value of the Gift Card will not be refunded. Re-issue of faulty or damaged Gift Cards is not available unless the Gift Cards are proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Bras N Things, its agents or contractors or a participating retailer.

12.7 To redeem a Gift Card at a Bras N Things Retail Store, present your Gift Card to the in store team member together with the merchandise that you wish to purchase using that Gift Card. Our team member will instruct you to swipe your Gift Card in the pin pad and then enter the Access Code into the pin pad. The transaction will be completed when the balance has reduced on your Gift Card. No change will be given for any Remaining Gift Card Value. The Remaining Gift Card Value may be used in whole or part against future purchases until the Gift Card expires.

12.9 You agree that we can reduce the Remaining Gift Card Value by the value of all purchases of goods and services that are authorised by you. Transactions are authorised by you by swiping your Gift Card and entering your Access Code, or allowing a team member or other person to do so, at the point of sale in a Bras N Things Retail Store; or giving us, or another person, details of the Gift Card and authorising the transaction in some other way.

12.10 When you authorise a transaction you are confirming that the transaction correctly represents the purchase price of the goods or services obtained and you are agreeing to pay the amount of that transaction by the reduction of the Remaining Gift Card Value.

12.11 Gift Cards expire thirty six (36) months from the issue date. Any unused amount after the expiry date of the Gift Card is forfeited and will not be refunded or credited. Gift Cards cannot be reloaded.

12.12 Gift Cards cannot be cancelled once they are issued except if voided by Bras N Things, if their value is used or if they expire. We reserve the right to void any Gift Card that appears to have been defaced, mutilated, purchased fraudulently, altered or tampered with in any way and Bras N Things may subject Gift Cards to a verification process. We reserve the right to cancel any Gift Card, or the Gift Card program, for any reason at any time without notice. In such instances (except where a Gift Card is void) we will elect to provide a refund or a replacement Gift Card. We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.

12.13 You will not be sent statements of transactions on a Gift Card. You can check your Gift Card balance and expiry date at any time in-store at the service desk, or by calling our Customer Care Team.

12.14 You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us. If you have reason to believe that an error has occurred in relation to your Gift Card, you should call our Customer Care Team or contact us by email.

12.15 Additional terms and conditions regarding the use of Gift Cards may be set out in a Bras N Things Retail Store.

12.16 If you have used a split payment of a Gift Card and credit card/PayPal and wish to obtain a refund for the Goods purchased, your refund will be in the form of a new Gift Card with any remaining balance refunded to your credit card/PayPal.

PART C: BRAS N THINGS INSTORE REWARDS PROGRAM TERMS AND CONDITIONS

  1. INSTORE REWARDS PROGRAM DETAILS

13.1 Bras N Things operates an in-store rewards program. You may apply for a Bras N Things loyalty membership if you are aged 18 years or over and have an active email account.

13.2 A Bras N Things loyalty membership account can be created by visiting your nearest Bras N Things store. Mandatory fields will be clearly identified and must be completed. Fields will include name, email, postcode and DOB. Phone number is not mandatory but will be prompted when signing up at a Bras N Things store.

 

13.3 A Bras N Things loyalty membership is free, however, we may refuse your application or terminate your loyalty membership for any reason and at any time. Registering for a Bras N Things loyalty membership constitutes your acceptance of these Terms and Conditions.

13.4 Being a Bras N Things loyalty member you will be subscribed to receive our emails. You agree to be contacted with invitations, offers and promotions as part of your membership. We use the information collected to tailor our invitations, offers and promotions to you. You will be the first to know of new offers and promotions as soon as they start.

13.5 As a loyalty member every time you purchase Goods in a Bras N Things Retail Store and provide your loyalty membership details (email address or phone number) you will accumulate 1 point for every $1 spent (excluding gift card purchases and delivery costs). Each and every time you accumulate 100 points across one (1) or more orders, you will receive a spend and save reward voucher entitling you to receive $5 off your next transaction within a Bras N things Store when the total transaction exceeds $100. If you are eligible for a spend and save voucher, you will be emailed a QR code to the email provided at time of account creation. You may present this QR code on your mobile when in-store. Individual spend and save vouchers are valid for 90 days from the date of issue and can only be redeemed once. A total of three (3) spend and save vouchers can be used in a single transaction, however, they can be used in conjunction with other offers and promotions unless expressly prohibited in the offer or promotion terms and conditions. The spend and save voucher can only be used to buy Goods from a Bras N Things Retail Store in the country where your loyalty membership was created.

13.6 If you remain subscribed to receive Bras N Things emails, each year a birthday reward voucher will be sent to the account email on the date of your birthday. It is the Member’s responsibility to ensure they have provided the correct email address as vouchers will not be re-issued if sent to an address that has been provided incorrectly. Birthday vouchers are valid for 30 days from the date of issue, can only be redeemed once and have a minimum spend of $60. A total of one (1) birthday voucher can be used in a single transaction and they can be used in conjunction with other offers and promotions unless expressly prohibited in the offer or promotion terms and conditions.

13.7 Upon signing up to be a loyalty member for the first time, you will be sent a welcome reward voucher to the account email. It is the Member’s responsibility to ensure they have provided the correct email address as vouchers will not be re-issued if sent to an address that has been provided incorrectly. Welcome vouchers are valid for 30 days from the date of issue, can only be redeemed once and have a minimum spend of $50. A total of one (1) welcome voucher can be used in a single transaction and they can be used in conjunction with other offers and promotions unless expressly prohibited in the offer or promotion terms and conditions.

13.8 Rewards vouchers cannot be redeemed for cash or used to pay for gift cards. Reward vouchers may be used in Bras N Things stores, however are not redeemable at Bras N Things Outlet stores. For a change of mind refund on items purchased using a rewards voucher, items must be returned in original condition and you will be refunded a pro-rated amount of the transaction cost excluding any voucher amounts that contributed towards the purchase. Exchanges can be made in Bras N Things stores only.

13.9 If you no longer wish to be contacted and receive Bras N Things emails, please exercise the “unsubscribe” option on these invitations, offers and promotions. If you unsubscribe you will no longer be eligible to receive any loyalty member offers, promotions and vouchers sent via email inclusive of your birthday and spend and save vouchers.

13.10 You must not allow any other person to use your Bras N Things loyalty membership details. You agree that you are solely responsible for all activity that occurs using your Bras N Things loyalty membership details, including the purchase of any goods. You also agree that you will be responsible for the conduct of any person who uses your Bras N Things loyalty membership details, whether or not you have authorised that use. We may refuse to accept your loyalty membership details if we reasonably believe that they are used in contravention of these Terms and Conditions.

13.11 If you become aware of any breach of security or unauthorised access to or use of your Bras N Things loyalty membership details, you must immediately notify us by calling Bras N Things Customer Care Team.

13.12 We may decide to suspend or discontinue the Bras N Things loyalty program or your membership of that program at any time. We will contact you on the email address that you have provided if the Bras N Things loyalty program, or your membership of that program, is to be suspended or terminated. We may also amend the Bras N Things loyalty program at any time by updating these Terms and Conditions. Continued use of your loyalty membership details after such an amendment constitutes acceptance of the varied terms.

13.13 You may terminate your membership at any time and for any reason by requesting so in any Bras N Things Retail Store at the register, or by contacting Bras N Things Customer Care Team.

PART E: Terms and conditions for submissions

  1. OWNERSHIP OF SUBMISSIONS

Other than personal information which is subject to our  all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Bras N Things on or through the Website or otherwise disclosed, submitted or offered by you or under your membership (collectively, "Submissions") shall become and remain the property of Bras N Things once submitted. To the extent that the laws of any country do not permit ownership of your Submissions to transfer to us, you grant us an irrevocable, non-exclusive, worldwide, royalty-free, unconditional, unrestricted, perpetual, and fully sublicensable right and license to use such Submissions, in any form or format, through any transmission mechanism(s), in whole or in part, in or on any and all media, whether now known or hereafter invented, discovered or devised, alone or together or in combination with other things. You must comply with the content standards for Submissions set out in these Terms and Conditions. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines. You warrant that you have the right to grant to Bras N Things the rights set out in these Terms and Conditions in respect of your Submissions without notice, royalty or any other payment, liability or obligation of any kind whatsoever.

  1. SOCIAL NETWORKING SITES

These Terms and Conditions also govern any Submissions you make on any Bras N Things related third party website or page such as our Facebook page, Twitter, YouTube or other social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Bras N Things or its employees and Bras N Things is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these Terms and Conditions and the third party social networking sites terms of use, as applicable.

  1. INTELLECTUAL PROPERTY RIGHTS IN SUBMISSIONS

A disclosure, Submission or offer of any Submissions and your agreement to these Terms and Conditions shall constitute an assignment to Bras N Things of any intellectual property rights in the disclosure or Submission. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any Bras N Things’ related third party website or page, you must comply with the content standards set out below (including the spirit of those standards) and with these Terms and Conditions.

  1. CONFIDENTIALITY

Any Submissions will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. Do not post anything you do not want to become public, because you have no expectation of or right to privacy with regard to any Submissions. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website or any Bras N Things’ related third party social networking site or page constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website. We have the right (but no obligation) to remove any Submissions you make on the Website if, in our opinion, such Submission does not comply with the content standards set out below (including the spirit of those standards).

  1. RULES FOR SUBMISSIONS

19.1 Please be polite and only write in English.

19.2 You confirm that the Submission is your own, is accurate and that the content does not infringe the material, trade marks or intellectual property rights of others.

19.3 If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.

19.4 Submissions should not include:

  1. profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
  2. comments about other reviewers or bloggers
  3. remarks making criminal accusations, or false, defamatory or misleading statements
  4. material which impersonates others
  5. spam or advertising
  6. third party brand names or trade marks
  7. personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
  8. HTML code, computer script or website URLs
  9. availability, price or alternative ordering or delivery information
  10. information about Bras N Things’ suppliers or manufacturers

19.5 Bras N Things, in its absolute discretion, reserves the right to:

  1. monitor, edit, screen or not publish the Submission or remove it
  2. take any appropriate action if deemed necessary 
  3. remove reviews which relate to seasonal products which are no longer in season

Please let us know if you see any Submissions which do not comply with our rules.

  1. IDEAS

Don’t send us any of your original ideas (each, an "Idea"). If you do, you are agreeing that your submission is entirely voluntary, non-confidential, gratuitous, and non-committal. We have no obligation to treat any Idea as confidential or proprietary, pay compensation for any Idea, or to respond to any Idea, and we have the right to use or disregard, in whole or in part, any Ideas. We will not be liable for the use of any Ideas nor will we incur or accept any liability, even if we adopt, use or implement anything that is similar or even identical to any Idea you submit. If you submit an Idea to us, we will have the right to use, exploit and do with the Idea as we determine, without notice or compensation, as if the Idea was original and proprietary to us.

PART F: General

  1. PERMITTED USE

21.1 Under these Term and Conditions, we grant you a limited, revocable, non-transferable right to use the Website for your personal, non-commercial use. You obtain no other rights, interest, or claim to the Website or any aspect of the Website at all.

21.2 Your rights include the right to create a hypertext link that leads from another website or webpage with content, material or information (collectively, including, but not limited to, the content, material and information, the "link") to our Website, so long as: (i) the link only incorporates text and not our or anyone else’s trademarks; (ii) you do not replicate the Website or any portion of it; (iii) the link does not suggest any affiliation with, representation of, or endorsement by, us or causes, or is likely in our judgment to cause, confusion among consumers; (iv) the link does not portray us, our products, or services in a false, misleading, derogatory, or offensive manner and does not adversely affect our goodwill and reputation; and (v) the link is not embedded into, or otherwise contained within, frames representing your website unless you have our separate permission to do so. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time upon written notice to you.

21.3 You are prohibited from using the Website or its content:

  • To intimidate, harass, abuse, harm, insult, or discriminate based on ethnicity, race, age, national origin, disability, gender, sexual orientation, or religion;
  • For any unlawful purpose;
  • To infringe upon the intellectual property rights of Bras N Things or others;
  • To violate any applicable international, federal, or state law, regulations, or rules;
  • To breach or attempt to breach Bras N Things’ security;
  • Collect the personal information of others;
  • To submit or upload false or misleading information, viruses, or other malicious code; or
  • To spam, phish, crawl, scrape, or otherwise collect, store, or use content.

This list is non-exhaustive. We reserve the right to terminate your use of the Website for violating the Terms and Conditions including, without limitation, the prohibited uses.

21.4 You acknowledge:

  • all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
  • you have read any corresponding written description of the Goods;
  • the colour of Goods as shown on the Website may vary slightly in shade in real life;
  • where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose; and
  • any accessory featured with the Goods is for illustration purposes only.

21.5 You agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website's services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You shall not upload, post, transmit, distribute or otherwise publish through the Website, or any service or feature made available on or through the Website, any materials which (i) restrict or inhibit any other user from using and enjoying the Website or the Website's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) contain a virus, spyware, malicious code, or other harmful component, (v) contain embedded links, advertising, chain letters or pyramid schemes of any kind, (vi) constitute or contain false or misleading indications of origin, endorsement or statements of fact, or (vii) impersonate any business or person.

  1. COPYRIGHT AND TRADE MARKS

22.1 The Website and all material provided on the Website are owned or licensed by Bras N Things, including the "look" and "feel" of the Website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements, as well as the programming, codes, scripts in any form and format associated with or applicable to the Website. All these elements are included in the meaning of the term “Website” Except where necessary for viewing the material on the Website on your browser, or as permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, nothing on the Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Bras N Things.

22.2 Various trade marks displayed on the Website (whether registered or otherwise), are owned by us. Other product and company names mentioned on the Website may be the trade marks of other people or entities. The trade marks displayed on the Website must not be used or reproduced without the prior permission of the relevant owner.

22.3 If you believe you own the copyright in any work and that work is displayed on the Website without your permission, please contact us and the matter will be investigated.

22.4 If you are based in the United States, pursuant to Title 17, United States Code, Section 512(c)(2) (Digital Millennium Copyright Act), all notifications of claimed copyright infringement on our Website should be sent ONLY to our Designated Agent. Please DO NOT send any inquiries unrelated to copyright infringement (such as requests for assistance, customer service inquiries, billing questions, reports or e-mail abuse) to the contact listed below. You will not receive a response if sent to that contact.

  • Service Provider(s): HanesBrands Inc.
  • Designated Agent: DMCA Contact - Legal
  • Address to Which Notification Should be Sent: 1000 Hanes Mill Road, Winston-Salem, NC 27105.
  • Telephone Number of Designated Agent: (800) 832-0594
  • E-mail Address of Designated Agent: dmca_contact@HanesBrands.com

Your Notice of Claimed Infringement must include the following:

  1. Your name, address, telephone number, email address and signature;
  2. Identification of the copyrighted work (or works) that you claim has (or have) been infringed;
  3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);
  4. A clear description of where the infringing material is located on our Site, including, as applicable, its URL, so that we can locate the material;
  5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  1. DISCLAIMER

23.1 The information contained on the Website is provided by Bras N Things in good faith. To the best of Bras N Things' knowledge, the information is accurate and current. However, the Website and its contents are provided to you on "as is" and “as available” basis. The Website may contain errors, faults and inaccuracies and may not be complete and current. Bras N Things and its related bodies corporate, and their directors, officers, employees, and agents ("Bras N Things' Associates") make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws. To the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the Website, including, without limitation, implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose. We do not warrant use of the Website will be uninterrupted or error-free or that errors will be detected or corrected. Even so-called "expert" content or responses to questions are general in nature and are not a substitute for professional advice. You acknowledge that people answering questions on this Website, including those referred to as "experts," have varying levels of expertise and may not have been certified as "experts" by us or anyone else. We have not and do not verify any credentials, capabilities or experience of individuals who may be identified as "experts" on the Website, and their statements or responses to user inquiries should be used only for informational purposes. Before you act on or rely upon any information on or from our Website, you should independently confirm any facts that are important to your decision and consult professionals chosen by you. IT IS SOLELY YOUR RESPONSIBILITY TO VERIFY INFORMATION BEFORE ACTING ON, USING OR RELYING UPON IT.

23.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Bras N Things excludes, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).

  1. LIMITATION OF BRAS N THINGS’ LIABILITY

24.1 Subject to any non-excludable liability (including under consumer laws), and the express provisions of these Terms and Conditions, neither Bras N Things nor any of Bras N Things' Associates will be liable to you or any other person for any direct, indirect, incidental, special, consequential, compensatory, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury, in contract, tort (including negligence), under statue, any legal or equitable theory or otherwise, howsoever caused

24.2 To the extent permitted by law, our liability to you for loss or damage of any kind arising out of your use of, or relating to, this Website will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

  1. INDEMNITY

You agree to indemnify and hold us, including our officers, directors, employees, agents, representatives , and affiliates, and each of our respective successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Website (including any Submissions that you have posted to the Website), and/or any violation of these Terms and Conditions. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Website and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement, or compromise negotiations, as requested by us.

  1. PRIVACY AND TRANSPARENCY

26.1 Personal Information, such as your contact details, that you provide to us will be kept and used by us in accordance with Bras N Things’ Privacy Policy.

26.2 You represent and warrant to Bras N Things that all information (including Personal Information) and data provided by you to us is true, accurate, complete and up to date.

26.3 Bras N Things, as part of the HanesBrands Group of companies, takes great pride in its strong reputation for ethical business practices and the success of the Hanes for Good corporate responsibility program for workplace practices and community and environmental improvement. For our statement pursuant to the California Transparency in Supply Chains Act and Section 54 of the U.K. Modern Slavery Act and more details regarding the efforts we have taken and continue to take in this area, please visit https://hanesforgood.com/social-responsibility/california-transparency-in-supply-chains-act/.

  1. VIRUS WARNING

All care is taken to ensure that the Website and data transmissions are free from viruses. However Bras N Things cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on the Website, and you release Bras N Things entirely of all responsibility for any consequences of its use. We do not warrant that the Website, content, and code included on, or otherwise made available through, the Website, our servers, or electronic communications sent from us are free of viruses, malicious code or other harmful components, and we assume no liability for any delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Website. We have no duty to update or modify the Website, and we are not liable for our failure to do so.

  1. USE OF COOKIES

Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser you may not be able to fully experience all features of the Website.

  1. THIRD PARTY CONTENT AND SITES

29.1 The Website may contain references, URLs, links, interactive functionality, and other material related to or associated with websites, content, information and/or material of third parties that are not affiliated with Bras N Things. Similarly, third-party websites, including Social Media Platforms, may host and display our branded social media fan pages. We are not responsible for, nor do we assume any liability with respect to, the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any third-party website. Before enabling any sharing functions of the Website to communicate with a third-party website or otherwise visiting any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions and practices of each such third-party website. The links and interactive functions for third-party websites included on the Website do not constitute an endorsement by Bras N Things of such third-party websites. Other sites may link to the Website with or without our authorisation, and we may block any links to or from the Website. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

29.2 Any third-party advertising on Bras N Things’ pages of third party social networking sites are not the responsibility of, or endorsed by, Bras N Things. All rights, including copyright in Bras N Things’ pages, are owned by or licensed to Bras N Things. Any use of any Bras N Things’ social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Bras N Things. All worldwide rights reserved.

  1. ELECTRONIC COMMUNICATIONS

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If located in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.

  1. SECURITY AND VIRUSES

Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.

  1. TERMINATION

Bras N Things reserves the right to, at its discretion, terminate your access to and use of the Website:

  1. for convenience, at any time, upon provision of notice to you;
  2. immediately:
    1. if Bras N Things reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or 
    2. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

These Terms and Conditions and the Privacy Policy constitute an agreement that is effective unless and until terminated by us. If, in our sole discretion, you fail to comply with any term or provision of this agreement, we may deny you access to the Website. In the event of such a denial of access, you are no longer authorized to access the Website, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall continue in force. Notwithstanding anything contained in this agreement to the contrary, the parties agree that all terms of this agreement shall survive such termination, including indemnities, limitations of liabilities, and representations and warranties.

  1. GENERAL

33.1 These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria or New South Wales and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia, Victoria or New South Wales Registry) and waive any right to object to any proceedings being brought in those courts, including in relation to any dispute in connection with a Gift Card.

33.2 You hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to, or connected with, this Agreement, or your use of the Site must be asserted individually. We have the right to obtain equitable relief from a court of competent jurisdiction, including, without limitation, injunctions, restraining orders, and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient. This Agreement is the entire agreement between you and us regarding the subject matter and supersedes any and all prior or inconsistent terms and conditions.

33.3 The Website may be accessed from Australia or overseas. Bras N Things makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable. It is possible some downloads from the Website could be subject to government export controls or other restrictions. If you download anything from or using our Website, you represent you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside Australia and using our Website from territories in which such use or the content available from such use is illegal, restricted or not permitted, is expressly prohibited

33.4 Only you and Bras N Things shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.

33.5 Bras N Things reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Bras N Things with respect to that Order. If you do not agree to the amended Terms and Conditions, you must immediately cease all use of the Website. Your continued use of the Website will constitute acceptance of the amended Terms and Conditions.

33.6 Bras N Things may give notice to you by electronic mail via the details you have provided to us at the Website. You may give notice to us by emailing us.

33.7 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

33.8 A failure or delay by Bras N Things to exercise a power or right under, or enforce strict performance with, these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Bras N Things does not preclude its future exercise or the exercise of any power or right.



Version 1.4, October 2023, © Bras N Things Pty Ltd