f Terms of Use
Welcome to BLACKCLOTH.com.au. BLACK CLOTH provides services to you on BLACKCLOTH.com.au subject to the terms set forth herein. When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. We reserve the right to change any of the information on BLACKCLOTH.com.au and these terms and conditions at any time. By accessing or otherwise using BLACKCLOTH.com.au you are indicating your agreement to the Terms and Conditions contained herein. Please read them carefully.
USE OF BLACK CLOTH
By using BLACKCLOTH.com.au you represent and warrant that you are more than 18 years of age or are visiting BLACKCLOTH.com.au with the permission and supervision of a parent or guardian.
Subject to these Terms and Conditions, BLACK CLOTH hereby grants you a limited, revocable, non-exclusive license to access and use the BLACKCLOTH.com.au website on your computer or other device. Except as permitted to this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the BLACK CLOTH website unless expressly permitted by BLACK CLOTH. BLACK CLOTH reserves the right to refuse services to any individual at its sole discretion and without limitation of it believes that user's conduct violates applicable laws or is otherwise harmful to BLACKCLOTH.com.au.
USERS REVIEWS, PHOTOS & COMMENTS
Anything posted or otherwise submitted to BLACK CLOTH, whether on the BLACKCLOTH.com.au website, blog or via any form of social media, will be treated as public and non-proprietary. By submitting photographs, comments or other material to BLACK CLOTH, you grant BLACK CLOTH a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become BLACK CLOTH'S sole and exclusive property. In addition, when you post photographs, reviews or comments to BLACKCLOTH.com.au or on any of BLACK CLOTH's social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any content submitted to BLACK CLOTH.
INTELLECTUAL PROPERTY RIGHTS
All graphics, images and content on the BLACKCLOTH.com.au website and blog belong to BLACK CLOTH, or its affiliates or suppliers. The use of any BLACK CLOTH trademarks or service marks without BLACK CLOTH'S express written consent is strictly prohibited. You may not use BLACK CLOTH'S trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit BLACK CLOTH. In addition, you may not use any of BLACK CLOTH'S trademarks or service marks in meta tags without BLACK CLOTH'S explicit prior consent.
PRIVACY POLICY
Please review our Privacy Policy
INTERNATIONAL ACCESS
Customers who access and use the BLACKCLOTH.com.au website from outside of AUSTRALIA are responsible for complying with their local laws and regulations.
DISCLAIMER; LIMITATION OF LIABILITY; RISK OF LOSS
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE NO NOT WARRANT THAT THE CONTENT WILL BE ERROR FREE OR UNINTERRUPTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUT TOTAL LIABILITY TO YOU FOR ANY DAMAGES (RAGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGRAGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
ERRORS
Accidents happen. In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any order that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, we shall issue a credit to your card for the full amount of the charge.
OUTSIDE LINKS
This site may contain links to other sites on the Internet are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
COPYRIGHT COMPLAINTS
BLACK CLOTH respects the intellectual property of others. Please contact [email protected] if you believe that any content on BLACKCLOTH.com constitutes an infringement of your copyrights.
APPLICABLE LAW; DISPUTES; REMEDIES
The laws of the State of Queensland will govern these disclaimers, terms and conditions. Any dispute relating in any way to your visit to the BLACKCLOTH.com.au website or products purchased on BLACKCLOTH.com.au shall be submitted to confidential arbitration in Gold Coast, Queensland, except in regards to issues regarding violations of BLACKCLOTH's intellectual property tights, which may seek relief from in any state or federal court in the State of Queensland. By using the BLACKCLOTH.com.au website, you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Queensland.
By using BLACKCLOTH.com.au you agree that BLACK CLOTH's remedy at law for any actual or threatened breach of these Terms of Use would be inadequate. As such, BLACK CLOTH shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that we may be entitles to recover, along with out reasonable expenses for any form of dispute resolution, including, without limitation, our attorney's fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorney's fees and expenses.
SEVERABILITY
If any of the provisions in theses Terms of Use are deemed invalid or otherwise unforceable, that condition shall be deemed several and shall not affect the enforceability of the remaining provisions.
OUR ADDRESS
Please send any questions regarding these Terms of Use to: