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Terms and Conditions

MITCHELL & NESS® website terms
  1. PARTIES
    1. You
    2. NICK AUDITORE REPRESENTS PTY LTD trading as “MITCHELL AND NESS®” (“MITCHELL AND NESS®”).
  2. BACKGROUND
    1. These terms ("Terms"):
      1. comprise a binding agreement between you as the user of the Website, and MITCHELL & NESS®; and
      2. governs your use of any website or sub-domains on this primary domain including any forms and payment systems (collectively, “Website”
    2. You should read and understand these terms before you use or continue to use the Website.
    3. By continuing to use the Website, you acknowledge and agree that you:
      1. have had sufficient chance to read and understand these Terms; and
      2. agree to be bound by all of these Terms without alteration.
  3. LINKS TO OTHER WEBSITES
    1. The Website may contain links to sites on the world wide web owned and operated by third parties and which are not under MITCHELL & NESS®’s control (“Linked Sites”).
    2. In relation to Linked Sites, MITCHELL & NESS®:
      1. provides the links to Linked Sites as a convenience to you;
      2. the existence of a link to Linked Sites does not imply any endorsement by MITCHELL & NESS® of:
        1. the Other Site; or
        2. products being offered on the Other Site; and
      3. is not responsible for the material contained on those Linked Sites.
    3. You should seek your own advice before deciding to acquire any products from Linked Sites.
  4. PRIVACY POLICY
    1. MITCHELL & NESS® must comply with:
      1. the Warranty and Returns Policy; and
      2. the Privacy Policy.
  5. DISCLAIMER
    1. Subject to the Law, MITCHELL & NESS® gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the System or information contained on the Website and/or Linked Sites.
    2. To the full extent permitted by law, MITCHELL AND NESS® disclaims any and all warranties, express or implied, regarding:
      1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website, the System and/or of any Linked Sites; and
      2. merchantability or fitness for any particular purpose of the System or any service or product contained or referred to on the Website and/or on any Linked Sites.
    3. MITCHELL & NESS® does not warrant guarantee or make any representation that:
      1. the Website, the Website server or Linked Sites are free of software viruses;
      2. the functions contained in any software contained on the Website or Linked Sites will operate uninterrupted or are error-free; and
      3. errors and defects in the Website or Linked Sites will be corrected.
    4. MITCHELL & NESS® is not liable to you for:
      1. errors or omissions in the Website or Linked Sites; or
      2. delays to, interruptions of or cessation of the services provided in the Website, the System or Linked Sites, whether caused through negligence of MITCHELL & NESS®, its employees or independent contractors, or through any other cause.
    5. By accessing or using this Website, the System or Linked Sites you accept sole responsibility and risk associated with the use of information or products contained in this Website or Linked Sites.
  6. AMENDMENT AND TERMINATION
    1. MITCHELL & NESS® may terminate access to the Website at any time without giving any explanation or justification for the termination of access.
    2. MITCHELL & NESS® has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
    3. MITCHELL & NESS® reserves the right to revise these Terms:
      1. with or without further notice to you; and
      2. without giving you any explanation or justification for such change.
    4. By using the Website you agree to be bound by all revisions and you should therefore periodically visit this page to determine the then current terms which govern your relationship with MITCHELL & NESS®.
  7. MISCELLANEOUS
    1. Severance
      1. If any provision of these Terms is invalid, unlawful, void or unenforceable it will be taken to have been severed without affecting any other of the provisions of these Terms.
    2. Duration of provisions
      1. The covenants, rights, entitlements, duties, warranties, conditions, provisions, undertakings, and obligations contained in these Terms do not merge upon termination of your relationship with MITCHELL & NESS®.
    3. Governing law
      1. These Terms are governed by the laws of the State of Victoria, except to the extent to which they are overridden by Commonwealth laws (“Law”).
      2. The parties submit to the jurisdiction of the courts of the State of Victoria
  8. DEFINED TERMS AND INTERPRETATION
    1. In this document including the background, and any appendices and/or schedules, except where the context otherwise requires:
      1. another grammatical form of a defined word or expression has a corresponding meaning;
      2. the meaning of general words is not limited by specific examples introduced by ”including”, “for example” or similar expressions;
      3. the singular includes the plural and vice versa, and a gender includes other genders;
      4. a reference to a party is to a party to this document, and a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes; and
      5. a reference to any thing includes any part of that thing and a reference to a group of things or persons includes each thing or person in that group.

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