Terms & Conditions

Glorious Oasis Competition – TERMS AND CONDITIONS

  1. This is a game of skill. Chance plays no part in determining the winner. All entries must be an independent creation by the entrant and free of any claims that they infringe any third party rights. 
  2. Employees of the Promoter and agencies associated with this promotion (The PAS Group) are ineligible to enter the competition, as are their immediate families.
  3. To enter, entrants must comment on our competition post via Instagram or Facebook, with the location they'd call their own ‘personal oasis and tag a friend’. The Promoter reserves the right to verify the validity of entries.
  4. Winners of the competition must be 18 years old and over and residents of Australia.
  5. The Promoter reserves the right to withdraw or amend the competition as necessary due to circumstances outside its control.
  6. The prize is non-transferable and non-redeemable for cash. Any attempt to resell or auction all or any part of this prize will result in an immediate cancellation of the prize. Prize cannot be exchanged. In the event that, for any reason whatsoever, a winner does not take any element of the prize at the time stipulated by the promoter then the prize will be forfeited by the winner.
  7. The Promoter reserves the right to substitute any component of the prize for of equal value at their discretion, based on product/stock availability.
  8. Prize cannot be gifted to other persons in lieu of the winner. Prize winners will be required to agree to and sign to The PAS Groups conditions and will agree to assist in promoting the competition where possible.
  9. Once prize has been confirmed by Yarra Trail P/L, the prize is deemed non-transferrable.
  10. On acceptance of the competition prize, the winner acknowledges that they have read and agreed to Yarra Trail P/L terms and conditions.
  11. The Prize includes 1 x Sequin Tank and 1 x Tropical Leaf Print Pant to the value of $218.95. Any Additional spending and all other ancillary costs are the responsibility of the winner. Unless expressly stated, all other expenses become the responsibility of the winner.
  12. The total prize pool is valued at $218.95
  13. The promoter shall not be liable for any loss or damage whatsoever which is suffered (including, but not limited to, indirect or consequential loss) or for personal injury which is suffered or sustained, in connection with the prize, except for any liability which cannot be excluded by laws.
  14. The prize is subject to availability as determined by Yarra Trail P/L.
  15. Promotion commences 25th October 2018. Entries close 5pm 2nd November 2018.
  16. The Promoter will determine the winners based on creativity of the photos submitted which will be determined at the Promoters discretion.
  17. The Promoter is Yarra Trail P/L, 17 Hardner Rd, Mount Waverley VIC 3149 ABN 20 110902102
  18. The information you are asked to provide to the The Promoter is personal information and is protected by the Privacy Act 1988. Yarra Trail P/L will not disclose this information to other parties other than in accordance with the Privacy Act 1988, and the Promoters Privacy Policy.
  19. All entries become the property of the Promoter. The Promoter may use the entrant's names and literary pieces for any commercial purpose, including future promotional marketing and publicity purposes.
  20. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
  21. In the event that for any reason whatsoever a winner does not accept the prize at the time stipulated by the Promoter then the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.
  22. The winners will be notified in writing by email weekly within 7 days of the end of  the promotional period.
  23. If the Promoter is unable to contact the winner within 30 days of the draw and the Promoter has made every effort to contact them with the information provided by the entrant then the Promoter will award the prize to another valid entrant.
  24. All entrants who choose to enter the compeititon consent to have their contact details (title, first name, surname, email, mobile or landline phone number, mailing address and post-code only), released to the Promoter and receiving ongoing marketing material and correspondence from the Promoter

TERMS OF USE OF SALE

Reference to “Yarra Trail”, “we”, “us” or “our” is a reference to Yarra Trail Pty. Ltd.

Please read through the following terms and conditions (“Terms”) carefully as they govern the use and access to the website http://www.yarratrail.com.au (“Website”) and the purchase of any product/s.

Your acceptance

You agree to be bound by these terms by using, accessing or browsing any part of this Website, including through communicating with Yarra Trail and participating in any Yarra Trail forums, promotions, subscriptions, purchases, specials and/or programs (“Services”).

General disclaimer

You should be aware that the information on this Website and these Terms are subject to change. 

We recommend that you read these Terms each time you access the Website and definitely before you place future orders.  The information on this Website and/or these Terms may be different and will apply to your use or order/s. 

For clarity, the Terms that are in place at the time you place an order will apply to that order.

Limitation of Liability

Subject to your rights under the Australian Consumer Law, you understand and agree that:

  •  neither Yarra Trail, or its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages, costs, loss or liability arising or in any way related to the use of this Website and/or any other site linked to this Website unless  Yarra Trail has acted in breach of the Terms. This limitation applies to all and any direct, indirect, consequential, special, exemplary, punitive or other damages or liability that you or others may suffer, as well as damages for loss of profits or revenue, legal costs, loss of use, business interruption, loss of information or data and whether arising in contract, under statute, tort or otherwise;  our liability in respect of any non-excludable warranties, guarantees or conditions relating or arising from the Website, is limited to the resupply or repair of the relevant goodor service or paying you the reasonable cost of doing so, and where permitted under law, at our discretion; and
  • otherwise, we limit any and all of our liability to AUD$100.

For avoidance of doubt, if you are a consumer, nothing in these Terms affects your rights to terminate this Agreement in the event that you reject the goods under s.259 of the Australian Consumer Law.

Your Account and Password

You may not have more than one active membership on the Website whether through a pseudonym, email address or other means. You can update, edit or terminate your membership at any time but you cannot transfer your membership. You are responsible for ensuring your details are correct and current and for maintaining the confidentiality and secrecy of your password.

Access and communication

We use reasonable efforts to ensure the integrity of the Website by using virus checking software.  However, we do not and cannot guarantee or promise that the delivery, safety or security of communications over the internet, the Website or your computer systems. 

We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website unless it was directly and solely caused by us.

Products and Purchasing

This Website is designed for purchases by individuals for personal use, and you agree not to use it for commercial purposes. If you intend to on-sell Yarra Trail’s product through a retail store, online business or other commercial entity, please contact the Yarra Trail wholesale division on +61 1800 629 308.

Yarra Trail reserves the right to refuse any order which it reasonably considers is for commercial use or sale or where a product is not in stock. While we take reasonable precautions to ensure that the price and details of products listed are correct, if they are incorrect or we are out of stock and we can’t agree on how to resolve the issue, we reserve the right to cancel the order and refund any amount charged to your credit card.

Any orders received by Yarra Trail through this Website constitute offers and are subject to acceptance or rejection by Yarra Trail in its discretion after receipt in Australia. Once an order has been placed by you, accepted by us and payment received, the order cannot be cancelled by you.

Title in any goods purchased by you through this Website does not pass to you until payment has been received. Risk of loss or damage to goods passes to you upon dispatch from our premises.

Yarra Trail does not guarantee the availability of any products advertised on the Website.

Prices are inclusive of goods and services tax. In all other respects the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods. You should note that some countries have import restrictions on certain products or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before placing an order. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties.

Yarra Trail terms and conditions relating to shipping is set on Yarra Trail's website at: Delivery Rates and Policy and refunds at Refunds, Exchanges and Returns.

Payment

Payment can be made by Visa, Mastercard or American Express (Australian Registered Cards only).  Credit Card transactions are processed through the Commonwealth Bank CommWeb Secure Payment Gateway. Your card details are not disclosed to us and are not stored in our database.  Please note that delays may occur on large orders while the card is checked for authenticity.

Privacy

Any personal information submitted by you via the Website will be handled in accordance with our Privacy Policy which can be found at Privacy and Security.

Intellectual Property

Except in relation to Submitted Material (defined below), all intellectual property rights, in the Website, the Services and all components of it are controlled, owned or licensed by us. You are not permitted to use or copy any trademarks, logos, service names or trade names appearing on the Website.

Website Licence

Yarra Trail grants you a non-exclusive and non-transferable licence to use the Website for your own personal use only and subject to these Terms and any other terms and conditions on the Website. 

3rd Party Service Providers

In order to provide the Website and other services to you, we use and need the assistance of a number of 3rd party service providers.  As such, the provision of this Website and our services is subject and conditional upon the provision of the various services by 3rd parties.  You agree to be bound by the relevant 3rd party service providers terms and conditions of supply. For example and avoidance of doubt, you hereby agree to be bound by Comodo’s SSL Relying Party Agreement (available at: www.comodo.com) so that we may encrypt information you provide when making an order.

User Content Submissions

The Website contains facilities for exchange of information with other users of the Website (“Forums”). In using, and contributing material to Forums, you must comply with these Terms and all policies, guidelines and directions published by Yarra Trail from time to time.

Yarra Trail is not responsible for the accuracy, completeness or suitability of any information provided by users of the Website, you need to take care before relying on or making decisions based on that information. The information is not produced, approved or promoted by us. You agree to exercise appropriate judgment in obtaining or using information from the Website, including ascertaining the currency of information.

Yarra Trail does not and cannot review all communications and materials posted to or created by users accessing the Forums and it excludes all liability in respect of the content of these communications and materials. If you have a complaint regarding any material displayed in a Forum or otherwise communicated through the Website, Yarra Trail ’s sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove the particular material.

Yarra Trail’s Licence to use Submitted Material

By uploading material to any Forum or otherwise submitting any material through the Website (“Submitted Material”), you automatically grant (or warrant that the owner of such materials expressly grants) Yarra Trail a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, you agree that Submitted Material may be used by Yarra Trail for purposes including (without limitation) marketing, research and development of goods and services.

To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for the benefit of Yarra Trail, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.

You warrant that any Submitted Material contributed by you will not infringe the intellectual property rights of any third party, breach any obligations of confidence or any other law or regulation relating to the Submitted Material.

Yarra Trail reserves the right to block or immediately remove communications or Submitted Material that it considers are or may be in its sole discretion:
(i) abusive, defamatory, or obscene;
(ii) fraudulent, deceptive, or misleading;
(iii) in violation of a copyright, trademark or other intellectual property right of another;
(iv) in violation of any law or regulation; or
(v) offensive or otherwise unacceptable to Yarra Trail.

Prohibited Uses

In using the Website and Services you must not:
(a) engage in any commercial activity including marketing, advertising or commercial promotion of products or services, resale, collect and use any product lists or pricing for the benefit of other merchants;
(b) impersonate or falsely claim to represent a person or organisation;
(c) defame, abuse, stalk, harass, threaten or otherwise violate or infringe the rights or legal rights of others, including without limitation, rights relating to privacy, intellectual property  or  publicity;
(d) post, link to, frame or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful;
(e) post, link to, frame or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component;

(f) not link to any part of the websites or frame or use any framing techniques to capture any part of the Website; or

(g) use any robot, spider, screen scraping or data mining technologies or any software, programme, algorithm, methodology or any other automated or manual data gathering or extraction tools to obtain, copy, collect or harvest any data, information or content found on the Website, or use any manual process to copy the Websites or content contained thereon;

(h) access and/or or attempt to access any part of this Website you are not authorised to, including by passing network firewalls; or

(i) attempt and/or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, including automated tools.

Termination

Yarra Trail may at any time immediately terminate your membership or access to the Website at any time in its sole discretion and with prior notice if reasonable in the circumstances.  You may at any time terminate your membership or access to the Website at your sole discretion and with prior notice if reasonable in the circumstances.

Consent To Receiving Commercial Electronic Messages

If you express interest in goods or services through your use of this Website, you consent to us sending commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us.

Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. Where a provision or part of a provision is held to be void or unenforceable, such provision or part shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms and so that the remaining Terms remain in full force and effect.

Applicable laws

This policy is governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Terms or Website.

Gift Cards and Vouchers

  1. Gift cards and vouchers are only valid up until the expiry date.
  2. Gift cards and vouchers are generally expressed in a monetary form - for example, a AUD $30.00 voucher. However, in no way do vouchers represent legal tender in any country.
  3. Gift cards and vouchers cannot be sold, transferred or assigned and are not redeemable for cash or any other like instruments - including (but not limited to) gift vouchers, gift cards, cheques and credit notes.
  4. No change will be given and any balance that remains on the gift card can only be used in whole or part against future purchases.
  5. Gift cards and vouchers can only been redeemed at Yarra Trail stores in Australia and New Zealand. They cannot be redeemed at Clearance Stores, online, at David Jones, Harris Scarfe or other non-participating retailers.
  6. Please note that certain items and promotions cannot be purchased using gift cards and vouchers. This will be advertised and/or notified to you by Yarra Trail staff.
  7. Yarra Trail will not be held responsible or liable if vouchers are not able to be redeemed for whatever reason including if there is a Technical Issue unless directly due to Yarra Trail’s negligence.
  8. Gift cards and vouchers cannot be redeemed as payment for any part of a layby purchase.
  9. Vouchers cannot be redeemed as part of a gift card purchase and vice versa.
  10. No replacement will be provided if the gift card or voucher is lost, damaged or stolen.

Sign up to our newsletter to receive a $10 discount on your first order.

A unique coupon will be sent to your email address provided when signing up to our newsletter online. Available to redeem at Yarra Trail online and Marco Polo online. Excludes Yarra Trail stores, Myer, David Jones, Black Pepper and Wholesale boutiques. Cannot be used in conjunction with any other offer. Excludes layby. Not redeemable for cash. Only one voucher per customer.   

Long Weekend Competition – TERMS AND CONDITIONS

  1. This is a game of skill. Chance plays no part in determining the winner. All entries must be an independent creation by the entrant and free of any claims that they infringe any third party rights. 
  2. Employees of the Promoter and agencies associated with this promotion (The PAS Group) are ineligible to enter the competition, as are their immediate families.
  3. To enter, entrants must comment on our competiton post via Instagram or facebook,with the location they'd like to be this long weekend and with who. The Promoter reserves the right to verify the validity of entries.
  4. Winners of the competition must be 18 years old and over and residents of Australia.
  5. The Promoter reserves the right to withdraw or amend the competition as necessary due to circumstances outside its control.
  6. The prize is non-transferable and non-redeemable for cash. Any attempt to resell or auction all or any part of this prize will result in an immediate cancellation of the prize. Prize cannot be exchanged. In the event that, for any reason whatsoever, a winner does not take any element of the prize at the time stipulated by the promoter then the prize will be forfeited by the winner.
  7. The Promoter reserves the right to substitute any component of the prize for of equal value at their discretion, based on product/stock availability.
  8. Prize cannot be gifted to other persons in lieu of the winner. Prize winners will be required to agree to and sign to The PAS Groups conditions and will agree to assist in promoting the competition where possible.
  9. Once prize has been confirmed by Yarra Trail P/L, the prize is deemed non-transferrable.
  10. On acceptance of the competition prize, the winner acknowledges that they have read and agreed to Yarra Trail P/L terms and conditions.
  11. The Prize includes 1 x Yarra Trail online voucher to the value of $200. Any Additional spending and all other ancillary costs are the responsibility of the winner. Unless expressly stated, all other expenses become the responsibility of the winner.
  12. The total prize pool is valued at $200.
  13. The promoter shall not be liable for any loss or damage whatsoever which is suffered (including, but not limited to, indirect or consequential loss) or for personal injury which is suffered or sustained, in connection with the prize, except for any liability which cannot be excluded by laws.
  14. The prize is subject to availability as determined by Yarra Trail P/L. The prize is valid and can be redeemed from 2 April 2018 – 30 July 2018.
  15. Promotion commences 26th March 2018. Entries close 5pm 30th March 2018.
  16. The Promoter will determine the winners based on creativity of the photos submitted which will be determined at the Promoters discretion.
  17. The Promoter is Yarra Trail P/L, 17 Hardner Rd, Mount Waverley VIC 3149 ABN 20 110902102
  18. The information you are asked to provide to the The Promoter is personal information and is protected by the Privacy Act 1988. Yarra Trail P/L will not disclose this information to other parties other than in accordance with the Privacy Act 1988, and the Promoters Privacy Policy.
  19. All entries become the property of the Promoter. The Promoter may use the entrant's names and literary pieces for any commercial purpose, including future promotional marketing and publicity purposes.
  20. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
  21. In the event that for any reason whatsoever a winner does not accept the prize at the time stipulated by the Promoter then the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.
  22. The winners will be notified in writing by email weekly within 7 days of the end of  the promotional period.
  23. If the Promoter is unable to contact the winner within 30 days of the draw and the Promoter has made every effort to contact them with the information provided by the entrant then the Promoter will award the prize to another valid entrant.
  24. All entrants who choose to enter the compeititon consent to have their contact details (title, first name, surname, email, mobile or landline phone number, mailing address and post-code only), released to the Promoter and receiving ongoing marketing material and correspondence from the Promoter

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Yarra Trail Pty. Ltd. is a division of The PAS Group.