TERMS AND CONDITIONS
TERM & CONDITIONS
This Website (the “Website”) is owned by SR Clough Enterprises Pty Ltd, trading as Deezi Active (ABN: 67 105 179 360)
The terms and conditions below apply to your use of the Website and all services and functions found on the Website. By accessing and/or using the Website, you agree to be legally bound by these terms and conditions. We reserve our rights to amend the terms and conditions at any time, please check this page for updates.
If you do not agree with these terms and conditions, you should stop accessing and/or using the Website.
CUSTOMER SERVICE POLICY
Deezi Active are committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our Website are currently in stock unless otherwise specified, and pricing is true and correct.
CURRENCY & TAXES
Please note that all product prices indicated and payments made on this site are in Australian Dollar currency AUD and prices are inclusive of GST
Prices shown are in Australian dollars AUD inclusive of 10% GST (Goods and Services Tax).
POSTAGE WITHIN AUSTRALIA
The shipping cost is stated upon approval of your order during the purchase process. Postage costs are calculated during the online purchase.
Orders will be shipped within 2 working days of placement on our website via Australia Post
You will receive a tracking number via email when your order is shipped from The Deezi Active Head Office. The tracking number will allow you to follow your order from us until it arrives at its destination. The Australia Post website will contain instructions for how you can track your order. All national orders can usually be tracked within 12 hours after the tracking number has been received.
POSTAGE OUTSIDE OF AUSTRALIA
The shipping cost is stated upon approval of your order during the purchase process. Postage costs are calculated during the online purchase for the relevant countries.
Orders will be shipped within 2 working days of placement on our website via Australia Post.
All international orders are tracked.
You will receive a tracking number via email when your order is shipped from The Deezi Active Head Office. The tracking number will allow you to follow your order from us until it arrives at its destination. The Australia Post website will contain instructions for how you can track your order. International orders can usually be tracked within 12 hours after the tracking number has been received.
RETURNS & EXCHANGE POLICY
If for any reason you are not happy with your purchase, you can return your goods to us within 14 days of purchase and we will be happy to offer you a refund or exchange. The item must be in the original condition with tags attached and must not have been worn or damaged.
The original and return postage is at the buyer’s expense and will not be refunded or credited as part of the purchase amount.
Before returning the item, please inform our customer service team via email at firstname.lastname@example.org and our team will provide you with a returns authority number and returns form. The form must accompany your item on its return as well as your original proof of purchase receipt.
Please return your item to
PO Box 9027
Harkaway VIC 3806
Once your returned item reaches us either a refund will be processed via the same payment method or an exchange will be issued as communicated in the returns form. You will need to place a new order via our online store for the goods you would like instead
Postage of a return or exchange item is at buyer’s expense.
Any returns that do need meet these conditions will unfortunately be rejected and sent back to the customer at their own expense.
There is no exchange or refund on sale items, all purchases are final.
We always process returns/exchanges as quickly as possible – please allow 5 business days for this. Please note refunds may take up to 10 business days to process depending on your card issuer.
Deezi Active takes our intellectual property rights seriously, particularly when it comes to our unique designs.
Unless otherwise indicated, Deezi Active is the exclusive owner of all rights, title and interest in the following:
(a) without limitation, all text, fonts, graphics, photos, artwork, logos, software, domain names, service marks, trademarks, designs, copyrights, information, compilations and audio and video content, the framework, source code, layout, user interface and ‘look and feel’ of the Deezi Active Website; and
(b) without limitation, any and all copyright, designs (whether registered or unregistered), trademarks and other intellectual property rights embodied in any goods and services supplied by Deezi Active, whether appearing on the Website or otherwise publicly available
(collectively the “Intellectual Property”).
You are not permitted to reproduce, communicate or otherwise exercise any rights in the Intellectual Property unless specifically authorized by Deezi Active.
LIMITS ON PURCHASES
We do not authorise the purchase of our merchandise for resale purposes. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy. We may modify this policy at any time without prior notice. This limits on purchases policy applies to all purchases made at our retail show room and on deeziactive.com.au.
USING OUR WEBSITE
We do not guarantee the accuracy, completeness, reliability or timeliness of the Website. Deezi Active shall not be liable if for any reason the Website is unavailable at any time or for any period. You acknowledge and agree that your use of the Website is on an “AS-IS” basis and from time to time, Deezi Active may restrict access to some parts, or the entire Website, without notice.
You are prohibited from using the Website, or our goods:
(a)in a way that violates these Terms;
(b) for unlawful activities or purposes;
(c) in a way that is fraudulent, defamatory, inaccurate, false, misleading or deceptive;
(d) in a way that violates any applicable law (including, without limitation, applicable privacy laws);
(e) in a way that infringes the rights (including rights in any Intellectual Property) of Deezi Active or of any other person; and/or
(f) via the use of automated scripts, scrapers or ‘bots’.
LIMITATION OF LIABILITY
The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other rights, in relation to the quality for purpose of consumer goods sold in Australia. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, Cargo Crew makes no warranties or other representations in relation to the supply of goods. Cargo Crew’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
Your use of, and reliance on, this Website and content is entirely at your own risk, and to the full extent permitted by law, we exclude our liability to you for all types of loss resulting from your use of, or reliance on this Website and content, however incurred, including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of this Website or its content. You agree that you are on notice of our disclaimer of warranties and limitation of liability set out above and agree to these disclaimers and limitations as a condition of using the Website.
You agree to indemnify and hold Deezi Active harmless from any demands, loss, liability, claims or expenses (including legal fees and costs on a full indemnity basis) made against Deezi Active by you or any third party due to, arising from or in any way connected to your access and/or use of the Website or purchase of our goods
These Terms are to be governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principle applicable in other jurisdictions. You agree to submit to the personal jurisdiction of the courts of Victoria.
From time to time, Deezi Active may choose to offer special pricing on specific products and collections.
Deezi Active reserves the right to refuse to fulfil orders in the following circumstances:
- Products (or part thereof) are unavailable from the manufacturer
- A technical error causing incorrect pricing to be shown
- Customer has exceeded the 1 per customer per sale term
BRAND AMBASSADORS POLICY
By applying to become a Brand Ambassador for Deezi Active, you agree to the following terms:
- Endorsed Products: Endorsed products are products sold under any of the Deezi Active family of brands, including all of the Deezi Active brand names.
- Ambassador Requirements: Your requirements as a Brand Ambassador are outlined in the Ambassador Requirements section that was presented to you above. Ambassadors who do not follow the requirements can be subject to termination, with all supplied products to be returned, until all requirements are followed.
- Contract Territory: You will be a worldwide based Brand Ambassador, primarily focusing on your status in Australia.
- Exclusivity: You agree that you will not endorse any other leggings or activewear brands during the agreement period.
- Use of Endorsed Products: You acknowledge and agree that you have read all product warning labels, that you are over the age of 18, and you have no medical condition that prevents you from using our product; all products provided as part of this relationship may not be re-sold.
- Promotion of Endorsed Products: You agree to use your best efforts to promote the Endorsed Products in a manner consistent with its authorised use and as outlined on product labels. The promotion structure of Endorsed Products shall be as outlined in your Brand Ambassador Program letter. Approved social media sites include Facebook, Twitter, Pinterest, Snapchat, Instagram, Vine, Tumblr and YouTube. You are required to notify Deezi Active of the social media outlet you use and add Deezi Active as a friend/follower. You will be notified of any additional approved social media sites as they become available.
- Prohibited Content: Ambassador agrees that they will not post content on any social media platform, as determined by Deezi Active in its sole discretion, that: is pornographic, sexually explicit or suggestive, or contains profanity or nudity; is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; is obscene or offensive, or endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people or entities; communicates messages or images inconsistent with the positive images and/or good will with which Deezi Active wishes to associate; violates any law.
- Indemnification: You agree to hold Deezi Active, its officers, agents, assignees and employees harmless for any liability from any injury or damage arising from the use or promotion of any Endorsed Product.
- Relationship: You are an independent contractor; this agreement shall not be construed as creating an employer/employee relationship.
- Confidentiality/Use: Occasionally we may share information with you that is confidential in nature, such information will be identified as confidential and you are expected to maintain this information in the strictest confidence. Any disclosure of confidential information will terminate this agreement and result in legal action.
- Intellectual Property: Ambassador acknowledges and hereby agrees to grant Deezi Active, the unlimited and unencumbered use of any and all work product developed by Ambassador in conjunction with the performance of services for Deezi Active. Work product includes but is not limited to all social media posts, pictures, images, videos, recordings, taglines, hashtags, posts, commentary, and designs. a. Except where prohibited by law or regulation, Ambassador grants Deezi Active and its successors, assigns, licensees and designees permission to use Ambassador's name, Social Media Platform account name, photograph (including, but not limited to, Social Media Platform account profile photo), voice and/or other likeness, in all media now known or hereafter discovered (including, without limitation, on Deezi Active websites and via Deezi Active Social Media Platform accounts), worldwide in perpetuity, for any purpose without additional compensation, consideration, notification or consent. b. Ambassador is not authorized to use any copyrighted content from any other companies to promote the Deezi Active brand. Deezi Active will not be responsible for any disputes involving the unauthorized use of any other company's intellectual property.
- Term and Termination: The effective date of this agreement is January 7, 2019. The term of this agreement is one (1) year from the effective date. This agreement will automatically renew at the end of each term for successive one (1) year terms unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term. Notwithstanding the foregoing, either party may terminate this agreement at any time, with or without cause.
- Removal: We reserve the right to remove any ambassador from our Brand Ambassador Program.
- Modification: We may change the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to terminate the Agreement. However, if you continue to receive the benefits of the Agreement after the end of the notice period of the change, you will be considered to have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.
- Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether written or oral, between the parties.