Website Terms and Conditions of Use

This website located at www.shop.peacocks.com.au (Website) is owned and operated by Peacock Bros. Pty Ltd ACN 004 073 027 (Peacock Bros.).

By using this Website and in consideration of Peacock Bros. providing you with access to the Website, you confirm that these Terms and Conditions govern your access to and use of the Website and you accept and agree to comply with them.

Peacock Bros. recommends that you print a copy of these Terms and Conditions for future reference.

Peacock Bros. reserves the right to amend these Terms and Conditions from time to time, without notice.  A version of the current Terms and Conditions will be available on the Website at all times.  By continuing to use the website you accept the Terms and Conditions as they apply from time to time.

  1. Other Terms and Conditions

    1.1 These Terms and Conditions refer to the following additional terms, which may also apply to your use of this Website:

    (a)  Peacock Bros. Privacy Policy; and

    (b)  Peacock Bros. Terms and Conditions of Sale.

  1. Intellectual Property

    2.1  All material on the Website, including the design and layout, text, code, information, graphics, illustrations, photographs, video, music, sound, trading names, service marks, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Peacock Bros.

    2.2  You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of Peacock Bros., or as permitted by law. All rights of Peacock Bros. in the Content on the website are reserved.

    2.3  The "Peacock Bros." name and logos are trade marks of Peacock Bros.

    2.4  Trade marks used on the Website to describe third parties and their products are trade marks of those third parties and you are not permitted to use them without the consent of those third parties.

  1. Links and Third Party Websites

    3.1  The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of Peacock Bros.  Peacock Bros. does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.  Links are provided for your convenience only and if you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

  1. Your conduct

    4.1  You must not:

    (a)  use the Website in breach of any applicable laws or regulations; or

    (b)  interfere with, disrupt, or create an undue burden on the Website.

    4.2  Without limiting the above, you will not and will not permit a third party to:

    (a)  misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.  You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack;

    (b)  use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;

    (c)  use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; or

    (d)  do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.

  1. User-generated Content

    5.1  By uploading, transmitting, posting or otherwise making any material available via the Website, you grant Peacock Bros. a non-exclusive, worldwide, royalty-free, perpetual licence to use, store, reproduce, edit and exploit the material in any form and for any purpose. Subject to Peacock Bros.' Privacy Policy, any material you upload to the Website will be considered non-confidential and non-proprietary.

    5.2  You agree to indemnify Peacock Bros. and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of Peacock Bros. in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of or in connection with the breach of or failure to comply with these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.

  1. Cookies

    6.1  A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors experience the Website.  This information will help to better adapt the Website to suit personal requirements.

    6.2  We may use third-party vendors to show Peacock Bros. ads on sites on the Internet and serve these ads based on a user’s prior visits to the Website.  Peacock Bros. may also use analytics data supplied by these vendors to inform and optimise  its ad campaigns based on your prior visits to  the Website.

    6.3  While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.

  1. Disclaimer

    7.1  Although every reasonable effort has been made to ensure that material on the Website is accurate and up-to-date, Peacock Bros. does not warrant the quality, accuracy or completeness of material contained on the Website. Peacock Bros. does not guarantee that the Website will be secure or free from bugs or viruses or function without interruption or errors.  The Website is provided on an "as is" and "as available" basis.  You are responsible for configuring your information technology, computer programmes and platform to access the Website.  You should use your own virus protection software.  By accessing  the Website, you assume all risks associated with its use.

    7.2  Peacock Bros. will not be liable in any way whatsoever (including for negligence) for any loss, damage (including incidental, special or consequential damages), costs or expenses suffered, arising out of, or in any way connected with Content, including Third Party Content, to the extent permitted by law. All warranties and conditions (whether express or implied) are hereby excluded to the extent permitted by law.  You may have rights under the Australian Consumer Law or other rights in relation to the supply of goods or services that cannot lawfully be excluded by Peacock Bros. (Non-excludable Rights).  To the extent permitted by law, Peacock Bros. liability in respect of any Non-excludable Rights shall be limited, at Peacock Bros. option, to the supply of the goods or services again, or the payment of the cost of having them supplied again.

  1. Privacy Policy

Peacock Bros.' Privacy Policy is incorporated by reference into these Terms and Conditions.  Peacock Bros. will only use your personal information as set out in the Peacock Bros. Privacy Policy available [Here].

  1. Jurisdiction

These terms and conditions are governed by the laws of Victoria, Australia.  You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia and al courts of appeal from them, for determining any dispute concerning these terms and conditions.

  1. Contact

If you have any queries regarding these Terms and Conditions, please contact our  Compliance Officer at enquiries@peacocks.com.au.