TERMS AND CONDITIONS
These terms govern the use of championusa.com.au (Website). By accessing, using, browsing, registering with, contributing to or purchasing from any area of the Website, you agree that your access to, use of, and purchase of any goods from the Website is subject to these terms and all applicable laws, and is at your own risk. If you do not agree to these terms in their entirety, you must not use this Website. When purchasing goods from the Website, these Terms and Conditions form a contract between the customer (you) and Hanes Innerwear Australia Pty Ltd ABN 40 098 742 655 (Champion) and apply to the ordering, purchase, fulfilment and delivery of goods from the Website.
Phone: 1800 960 676
Address: Level 1, 115 Cotham Road Vicroria Australia 3101
The following definitions are used in these Terms and Conditions.
Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Champion Retail Stores means one of our physical (not online) retail stores trading under the name Champion in Australia and listed at https://www.championusa.com.au/champion-stores. It does not include retail outlets trading as Champion Outlet or Champion stores in any other country.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means any nominated third party delivery or shipping company for Champion.
Delivery Fee means the fees charged by the Delivery Agent of Champion for the delivery of Goods.
Gift Card means an electronic Gift Card issued through this Website or a Champion Retail Store through the acquisition of which you or a recipient may make non-cash payments for goods from the Website or a Champion Retail Store.
Goods means the items offered for sale which are described or displayed on the Website.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Champion.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
1. where Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, in Australia, the specified price includes GST);
2. where a country other than Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, this does not include Australian GST). For the avoidance of doubt, the Price is charged in Australian dollars and is subject to conversion to your local currency by your financial institution and any other Taxes levied by any applicable government authority).
Returns Policy means the Champion Returns Policy found on the Website.
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means www.championusa.com.au
we or us or our or Champion means Hanes Innerwear Australia Pty Ltd, ABN 40 098 742 655.
you or your means you as the user of the Website, including as a purchaser of Goods from Champion pursuant to these Terms and Conditions.
2. Compliance with terms and conditions
2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and Champion with respect to the supply of Goods, in accordance with these Terms and Conditions.
3. Placing orders for goods
3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.
3.2. An Order submitted by you on the Website in the manner described in clause 3.1 is an offer by you to purchase Goods for the Price (which for the avoidance of doubt, includes GST for deliveries to Australia) plus any Delivery Fee as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.
3.3. You acknowledge that all Orders are with respect to Goods intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply.
3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Champion will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, Champion is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to Champion.
3.5. You agree to obtain consent from the recipient of a gift when providing their personal details to Champion.
3.6. You may Order from Champion if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.7. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement, unless otherwise required by law. However, we will allow you to return Goods in accordance with the Returns Policy.
3.8. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7. Subject to clause 3.3, you can order as many Goods as you would like in an Order up to the total Order value of $2,000.
3.9. You will be provided with an automatic Order number upon submission of your Order. The Order number is required when contacting our Customer Service.
3.10 In submitting an Order you represent and warrant to Champion that: (a) you are aged 18 years or older; (b) you have read and agree to these Terms and Conditions; and (c) you have complied with all applicable Laws.
4. Acceptance and rejection of orders
4.1 Champion reserves the right to accept or reject your Order for any reason at any time. Without limitation, due to legal and other restrictions applicable for orders placed for international delivery, some of our products may not be available for delivery to certain locations outside Australia. Champion retains the right to determine what it can and cannot deliver to any particular location.
4.2 When we accept an Order, it represents an agreement by Champion to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order wherever possible. Champion will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Champion is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.
5. Availability of goods
5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Champion will use reasonable endeavours to contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Champion is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Champion will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Champion will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your entire Order to us as an order that has been incorrectly delivered in accordance with the Returns Policy.
5.4 You acknowledge and agree that: (a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life; (b) you have read any corresponding written description of the Goods prior to submitting your Order; (c) the colour of Goods as shown on the Website may vary slightly in shade in real life; (d) where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and (e) any accessory featured with the Goods is for illustration purposes only.
6. Price and payment
6.1 The Price in respect of a Good is specified on the Website and is dependent on the delivery address nominated.
6.2 Prices are displayed in Australian Dollars. Where a delivery address within Australia has been nominated, the Price includes Australian GST (currently 10%). Where a delivery address outside Australia has been nominated, the Price will not include Australian GST and additional Taxes may be payable by you as levied by authorities in the country of delivery upon importation to that country. If goods are over the relevant country’s threshold and customs entry is required, there will also be an additional admin charge from our logistics partner for handling the customs clearance.
6.3 You will be charged the Price in Australian Dollars regardless of your delivery location. Any currency conversion fees or rates used to determine the amount you pay for the Goods is determined by your credit card provider or Paypal. We are not liable for any difference between the Price quoted on the site and the actual amount charged to you for the Goods as determined by the fees and conversion rate used by your credit card provider or Paypal.
6.4 Champion reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.3 will apply).
6.5 In respect of any Order, we will charge you and you agree to pay to us: (a) the Price (which is the Price at the time the Order is submitted in Australian dollars); and (b) the Delivery Fee (if any).
6.6 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time, which include but are not limited to credit card, Visa Checkout or Pay Pal. When paying by credit card, you authorise Champion to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
6.7 You acknowledge and agree that any payment in respect of an Order must be cleared by Champion before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
6.8 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.9 You will receive a Tax Invoice by email once payment in respect of your Order has been processed provided that you have provided a valid email address for this purpose.
6.10 Champion uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
7.1 Champion uses Delivery Agents to deliver your Goods. You agree to your details, including your Delivery Address, being supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2 You should refer to the Shipping Options section of the Website for the applicable Delivery Fee for the Goods.
7.3 Indicative delivery time frames are set out in the Shipping Options section of the Website.
7.4 You acknowledge and agree that notwithstanding anything else stated on the Website: (a) Champion cannot guarantee that delivery will occur in the stated delivery time frames; (b) delivery time frames may change from time to time due to unforeseen circumstances; and (c) except where required by applicable law, Champion is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.5 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.
7.6 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you where the Goods have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card.
7.7 Where you do not collect your Goods from the outlet specified on the calling card within the time required, you must contact our Customer Service using the details provided at the start of these Terms and Conditions for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
7.8 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service Centre as soon as practicable using the details provided at the start of these Terms and Conditions. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If Goods are missing from your Order, you may call our Customer Service, or return the Order in accordance with the Returns Policy. You must let us know about any damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge.
7.9 You warrant to Champion that any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so.
8.Click & Collect
8.1 Champion Click & Collect is a free service that allows you to place an order online at championusa.com.au and then collect your purchases in store. It is available on all items excluding customised items, and there is no minimum order. We are not able to process a single order that includes items for Click and Collect as well as items for parcel delivery. In these cases, you will need to place two separate orders, one for delivery and one for collection.
8.2. Collection of Click & Collect Orders is available from all Champion stores Australia-wide (not available at Champion Outlet or independent retailers). Please note during major sales events and promotions Click & Collect may be temporarily unavailable. This will be stated at the checkout.
8.3. The Click & Collect service is currently only available to customers located within Australia.
8.4. When your Click & Collect order is ready, the store will contact you via email to advise that your order is available for collection. Orders will generally be available for collection up to 7 business days from the date that you place the Order.
8.5. During peak trading periods there may be delays in fulfilment. Champion will notify you of any expected delays to your order being available for collection via email.
8.6. Click & Collect orders cannot be modified or cancelled once your order has been confirmed. However the standard Champion returns policy applies to all orders.
8.7. If you are unable to attend your nominated store please contact the store directly via the email address that can be found in your order confirmation email.
8.8. All Click & Collect orders are subject to the standard Champion returns policy. If you change your mind, simply return the item or items to us unworn and in their original condition (including all original tags attached) within 60 days of the purchase date. Champion will issue you with a refund of the purchase price upon proof of purchase. You must provide a printed copy of the receipt or invoice for the purchased item, which will have been emailed to you as confirmation of your purchase. If the product is faulty or not what you ordered, you can return it to us at any time. Again, Champion will issue you with a full refund upon proof of purchase.
8.9. Click & Collect Orders must be collected within 7 days from the date you are notified by email that your order is ready for collection. We will endeavour to remind you within that period that collection is available. If your order is not collected within this time, our customer service team will issue a refund using the same payment method, and you will be contacted to notify you when this will take place.
8.10. When collecting your goods at your nominated Click & Collect store, you are required to supply a copy of your Click & Collect Notification email with unique QR code (either printed or on the screen of your smart phone) and photo identification to verify your identity.
8.11. Champion reserves the right to change or discontinue the Click & Collect service at any time, without notice.
9.Risk and title
Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
10. Order cancellations and returns
10.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return faulty or incorrectly delivered Goods in accordance with the Returns Policy
10.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.
10.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Champion is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
10.4. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Champion is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
11. Promotions and discounts
Champion offers and promotions may only be used at the Website. Such offers and promotions do not apply to purchases at other online or retail outlets. You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping on the Website. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offer. If your code is lost or stolen it will not be reissued. Any % off stated applies to the Australian recommended retail price (RRP) of items, including the Australian GST component of that price. Discounts, including any % off, are not available when purchasing Gift Cards.
12. Gift Cards
12.1 In this section
Access Code means the 4-digit CODE printed on the back of the Gift Card.
Remaining Gift Card Value means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent which and can be accessed by using the Gift Card in accordance with these Terms and Conditions.
a reference to “you” or “your” is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.
These terms and conditions apply to all Gift Cards, whether purchased or redeemed online or via a Champion Retail Store.
12.2 To purchase a Gift Card from the Website, navigate to the Champion Gift Card section of the Website and fill in the required information on the online form. Once completed Add to your Bag and then proceed to payment/checkout as normal. Once you complete the online transaction and it is validated, the Gift Card will be sent via email to the recipient email address nominated in the form. It is then ready to use. To purchase a Gift Card from a Champion Retail Store, present the generic Gift Card to our customer service operator. Check that the Gift Card has not been removed from the cardboard carrier and that the scratch panel on the back of the Gift Card has not been tampered with or removed. If it has been tampered with or removed, give the Gift Card to our customer service operator to be destroyed and select a new one. Nominate the value you wish to be loaded on the Gift Card. A minimum of $20.00 and a maximum of $999.99 can be loaded on each Gift Card. Once you pay the operator for the Gift Card, they will activate the card and load it with the nominated value. It is then ready to use.
12.3 To redeem a Gift Card at the Website, insert the Gift Card details in the required field at the point of checkout. To redeem a Gift Card at a Champion Retail Store, present your Gift Card to the customer service operator together with the merchandise that you wish to purchase using that Gift Card. Our customer service operator will instruct you to swipe your Gift Card in the pin pad and then enter the Access Code into the pin pad. The transaction will be completed when the balance has reduced on your Gift Card. No change will be given for any Remaining Gift Card Value. The Remaining Gift Card Value may be used in whole or part against future purchases until the Gift Card expires. By providing or inserting these details, you agree that we can reduce the Remaining Gift. Card Value by the value of your Order.
12.4 Gift Cards are treated like cash. If your Gift Card or redemption code is lost or stolen it will not be re-issued and the value of the Gift Card will not be refunded. Re-issue of faulty or damaged Gift Cards is not available unless the Gift Cards are proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Champion, its agents or contractors or a participating retailer.
12.5 Gift Cards expire thirty six (36) months from the issue date unless otherwise stated at the time of purchase. Any unused amount after the expiry date of the Gift Card is forfeited and will not be refunded or credited. Gift Cards cannot be reloaded.
12.6 Gift Cards may be used for the purchase of Goods on the Website or from a Champion Retail Store in Australia only and may not be redeemed at a Champion Outlet Store or any other stockist of Champion products. Gift Cards may not be used to make purchases by phone, email or facsimile. Gift Cards may not be used to purchase other Gift Cards. Gift Cards are not redeemable for cash. A limit of $500 per Gift Card and Gift Cards totalling no more than $2,000 per Order applies.
12.7 Gift Cards cannot be cancelled once issued, except if voided by Champion, if their value is used or if they expire. We reserve the right to void any Gift Card that appears to have been defaced, mutilated, purchased fraudulently, altered or tampered with in any way and Champion may subject Gift Cards to a verification process. Champion reserves the right to cancel any Gift Card at any time for any reason without notice. Where Champion cancels a Gift Card with any outstanding legitimate value, we may elect to provide a refund or a replacement Gift Card. We reserve the right to correct the balance of a Gift Card if we have reasonable grounds to believe that a clerical or accounting error has occurred.
12.8 You will not be sent statements of transactions on a Gift Card. You can check your Gift Card balance and expiry date at any time instore at the service desk or by calling our Customer Service Centre using the details provided at the start of these Terms and Conditions or visiting https://www.championusa.com.au/giftcard/customer/ while logged in to your account. For balance enquiries by phone or online, you will be required to enter both the Gift Card number (the 17 digit number on the back of the Gift Card) and Access Code prior to getting access to the Gift Card information.
12.9 You are responsible for the use and safety of your Gift Card. You are liable for all transactions made using your Gift Card, except to the extent that there has been fraud or negligence by us. If you have reason to believe that an error has occurred in relation to your Gift Card, you should call 1300 554 268, or email us at https://www.championusa.com.au/salesforce/contact.
12.10 Additional terms and conditions regarding the use of Gift Cards may be set out on the Website or in a Champion Retail Store.
13.2 You represent and warrant to Champion that all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Champion.
14. Intellectual property
14.1 The Website and all materials provided on the Website are owned or licensed by Champion, including the “look” and “feel” of the Website, the colour combinations, layout, literary and artistic works, images, photographs and all graphical elements. Except where necessary for viewing the material on the Website on your browser, or as permitted by under the Copyright Act 1968 (Cth), other applicable laws or these Terms and Conditions, nothing on the Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Champion.
14.2 Various trade marks displayed on the Website (whether registered or otherwise) are owned or exclusively licensed by Champion. The trade marks displayed on the Website must not be used or reproduced without the prior permission of Champion. If you are an authorised reseller of Champion products and would like to request permission to use images or other content from the Website for business purposes, please contact our Customer Service at https://www.championusa.com.au/salesforce/contact.
14.3 If you believe you own the copyright in any work that has been displayed on the Website without your permission, please contact us and the matter will be investigated.
15. Warranties you make to Champion
You represent and warrant to Champion that: (a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Champion; b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so; (c) you are over the age of 18; (d) in placing your Order, you have read and agree to these Terms and Conditions; and (e) in placing your Order, complied with all Laws.
16. Champion’s liability to you
16.1 Subject to any non-excludable liability (including under consumer laws), and the express provisions of these Terms and Conditions, Champion will not be liable to you or any third party for any loss, damage, cost, expense or injury (including any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of revenue, profits, anticipated savings, goodwill, business interruption or the loss of data or information, or damages for product liability or personal injury ) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website or resulting from the use of goods or services supplied to you, or on your behalf, through the Website.
16.2 Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Champion or Champion related bodies corporate in connection with goods or services supplied to you will, at the election of Champion, be limited to: (a) In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; (b) In relation to Gift Cards, our maximum aggregate liability to you is limited to the outstanding value on your Gift Card; and (c) In relation to services, the supply of the services again or the payment of the cost of having the services supplied again. The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in Australia, under the Australian Consumer Law).
16.3 To the extent permitted by law, our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
17.1 Champion reserves the right to, at its discretion, terminate your access to and use of the Website: (a) for convenience, at any time, upon provision of notice to you; (b) immediately: (i) if Champion reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or (ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
18.1 The information contained on the Website is provided by Champion in good faith. To the best of Champion’s knowledge, the information is accurate and current however the Website and its contents are provided to you on an “as is” basis. The Website may contain errors, faults and inaccuracies and may not be complete and current. To the maximum extent permissible under applicable laws, Champion and its related bodies corporate make no representation or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided.
18.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Champion excludes, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).
You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.
20. Virus warning and security
20.1 All care is taken to ensure that the Website and data transmissions are free from viruses. However Champion cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on the Website and you release Champion entirely of all responsibility for any consequences of its use.
20.2 Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.
22. Third party sites
22.1 The Website may contain links to third party sites. Champion is not responsible for the condition or content of those sites as they are not under Champion's control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Champion of the sites or the products or services provided on the site. Champion does not permit any linkages to the Website without prior permission.
22.2 Any third-party advertising on Champion’s pages of third party social networking sites are not the responsibility of, or endorsed by, Champion. All rights, including copyright in Champion’s pages, are owned by or licensed to Champion. Any use of any Champion’s social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Champion. All worldwide rights are expressly reserved.
23. Electronic communications
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If located in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.
24.1 Champion reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Champion with respect to that Order. If you do not agree to the amended Terms and Conditions, you must immediately cease all use of the Website, including terminate your Champion Account by contacting Customer Service. Your continued use of the Website will constitute acceptance of the amended Terms and Conditions.
24.2 Champion may give notice to you by electronic mail via the details you have provided to us at the Website. You may give notice to Champion by electronic mail to our Customer Service at https://www.championusa.com.au/salesforce/contact.
24.3 Champion makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.
24.4 Only you and Champion shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.
24.5 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
24.6 A failure or delay by Champion to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Champion does not preclude its future exercise or the exercise of any power or right.
24.7 These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia, Victoria Registry) and waive any right to object to any proceedings being brought in those courts, including in relation to any dispute in connection with a Gift Card. In any purchase of Goods, your transaction is deemed to have taken place in Kew, Victoria.
25. Specific Loyalty Program (Champion Member) Terms and Conditions
25.1 As a member of Champion you will be entitled to receive 10% off the recommended retail price of Goods (other than Gift Cards) sold on the Website.
25.2 You can combine the Champion Membership discount with other programs, offers or promotions being run by Champion unless specifically excluded in that program, offer or promotion.
25.3 To be entitled to the discount you will need to register at https://secure.champion.com.au/customer/account/create/. It is your responsibility to ensure you update your details if they change.
25.4 You must not allow any other person to use your Champion Membership details. You agree that you are solely responsible for all activity that occurs using your Champion Membership details, including the purchase of any goods. You also agree that you will be responsible for the conduct of any person who uses your Champion Membership details, whether or not you have authorised that use.
25.5 If you become aware of any breach of security or unauthorised access to or use of your Champion Membership details, you must immediately notify us by calling Champion Customer Service on 1800 960 676.
25.6 We may decide to suspend, amend or discontinue the Champion Membership program at any time. We will contact you on the email address that you have provided if the Champion Membership program is to be suspended, amended or terminated.
26. MEMBERSHIP DETAILS
26.1 You may apply for membership of the Champion Membership program if you are aged 18 years or over and have an active email account. Mandatory fields will be name, email and DOB for Loyalty sign-up. Phone number is not mandatory but will be prompted at sign-up.
26.2 Membership of the Champion Membership program is free, however, we may refuse your application or terminate your membership for any reason and at any time.
26.3 Registering with the Champion Membership program constitutes your acceptance of these Terms and Conditions.
26.4 You may terminate your membership at any time and for any reason online by changing your account preferences in your customer account on the Website or by contacting Champion Customer Service on 1800 960 676.
26.5 You agree that we may contact you with invitations, offers and promotions as part of your membership. If you do not wish to be contacted, please exercise the “unsubscribe” option on these invitations, offers and promotions but you’ll no longer be a member of the Champion Membership program and get access to the discount and great offers.