Terms and Conditions

TERMINOLOGY
In these Terms and Conditions, the terms “Harts” is a reference to DHK Retailers Pty Limited and its affiliated companies. 
 

DISCLAIMER
The information Harts provides on the hartsfashion.com.au website (“Harts Information”) is provided in good faith and Harts has made every effort to ensure that Harts Information is correct at the time of publication. However to the fullest extent permissible by applicable law, Harts Information is provided without conditions or warranties of any kind, whether express or implied, including but not limited to the accuracy, adequacy, completeness, usefulness, timeliness or reliability of Harts Information. Harts also does not undertake to keep Harts Information update. Harts does not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency or information contained on this website.

All styles and specifications are subject to change at any time without notice.

Harts does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor does Harts accept responsibility for any such loss arising out of your use of or reliance on information containced on or accessed through this website.

Harts does not represent that the functions contained in the website will be uninterrupted or error-free, that any defects will be corrected or that the website or server that hosts the website are free of viruses or other harmful components or forms of interference which may damage your own computer.

You assume total responsibility for your use of the Harts.net.au website. Your sole recourse against Harts for any dissatisfaction with or related to your use of the website is to stop using the website.

The disclaimer set out above does not attempt or puport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Terms of Use
All users of the hartsfashion.com.au website agree that access to and use of this website is subject to the below terms and conditions and other applicable law. If you do not consent to these terms and conditions you are not authorised to use this website. Harts reserves the right to modify these Terms of Use at any time without notice. You should review these Terms of Use periodically to be aware of such modifications as your continued use of the website shall be deemed as your conclusive acceptance of any modified Terms of Use and your agreement to be bound by the Terms of Use as amended. Harts reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party.

Use of the Website
You must not disrupt or interfere with this website, or with servers or other software, hardware or equipment connected to or relating to this website, or violate any applicable laws in your use of the website.

Intellectual Property Rights
All copyright and other intellectual property rights in the content of this website are owned by or licensed to Harts or its affiliated companies. 

The entire content included in this website, including but not limited to text, graphics, logos, icons, sound recordings, software or code is protected by copyright laws nationally and internationally, and may also be protected by other intellectual property laws.  You may display and, subject to any expressly stated restrictions or limitations relating to specific material of the website solely for your own personal and non-commercial use. Any other use, including but not limited to the adaptation, reproduction, storage, modification, distribution, display, public performance publication, printing or transmission of the content of this website is strictly prohibited, unless authorized by Harts in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website. You may not on-sell information obtained from this website without our express written permission.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us.  You must not use any of our trade marks:

-        in or any the whole or part of your own trade marks;

-        in connection with activities, products or services which are not ours;

-        in a manner which may be confusing, misleading or deceptive;

-        in a manner that disparages Harts or its information, products or services (including this website).

Nothing you do in relation to this website will transfer any intellectual property rights in the content of this website to you, or constitute a grant to you of a licence of any such intellectual property rights.

User Generated Content
Harts does not, and you agree that Harts has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the website (including, without limitation, in or on bulletin boards, chat rooms, community pages or other forums on this website) (collectively, "User Generated Content"), that Harts is not in any manner responsible for User Generated Content, that Harts does not guarantee the accuracy, integrity or quality of User Generated Content, and that Harts cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the website, Harts is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of Harts or its affiliated or related entities or content providers. Notwithstanding the foregoing, you acknowledge and agree that Harts has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, Harts reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content. Any use of any content on this website, including, without limitation, User Generated Content, will be at your own risk. Without limiting the generality of the foregoing you agree that Harts is not responsible for any User Generated Content that purports to give medical advice or advice relating to dance training, exercise or diet.

Use of Information Submitted
You agree that Harts is free to use any User Generated Content or any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to this website, or created by you while accessing the website, or contained in any communication you may send to Harts or submit to the website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.

Third Party Websites
This website may include links to websites operated by third parties (“linked websites”). Harts is not responsible for the linked websites or their content or their privacy policies, and the inclusion of links to third party sites from this website does not constitute any implied or express approval or acceptance of the validity of the information contained in any third party site and is not an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any of the information, graphics, materials, products or services identified in such third parties sites or supplied by third parties.

Responsibility for the content of advertisements and links to advertisements appearing on this website rests solely with the advertiser. Any advertisement on this website does not constitute any implied or express approval, recommendation or endorsement by Harts of the advertised products or services and the advertiser is solely responsible for any representations made in connection with its advertisement.

Termination of access
Access to Harts Information and this website may be terminated at any time by Harts without prior notice.  The Harts disclaimer and terms and conditions will continue and survive any such termination.

Governing Law
These terms and conditions are governed by the laws in force in New South Wales and Australia.

Indemnification
You agree to indemnify, defend, and hold harmless Harts, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, legal fees, arising from or relating in any way to your use of this website, your breach of these terms and conditions, or any User Generated Content you submit to this website.