The website located at thesussangroup.com.au (‘Website’) is owned and operated by Retail Holdings Pty. Ltd.  ACN  093 246 032 (‘Retail Holdings’, ‘we’). These Terms govern your use of the Website.  Please read these Terms carefully. 

1. Acknowledgement

(a)      By accessing and using the Website, you represent that you have read, understood and agree to be bound by these Terms as set out below.  You must not use the Website if you do not agree with these Terms or any part of these Terms.

(b)      Retail Holdings reserves the right to change these Terms at any time in accordance with section 12.  Please check thesussangroup.com.au at regular intervals for any changes.  Your continued use of the Website following any changes to these Terms will constitute acceptance of the Terms as varied.

2. Intellectual property rights

(a)      Intellectual Property includes any and all present and future rights throughout the world in respect of:

(i)      copyright, including copyright in data, text, software, images, graphics, interfaces, photographs and video;

(ii)     registered and unregistered trade marks and applications for registration for any trade marks and any trade or brand names, business names and domain names;

(iii)     patents and any application for grants of patents;

(iv)     trade secrets, know-how and confidential information; and

(v)      all other intellectual property whether at common law, in equity or conferred by any law.

(b)      All Intellectual Property on the Website (‘Content’) is owned by, or licensed to, Retail Holdings.  Except for viewing the Content for your own personal non-commercial use or as otherwise agreed in writing, Retail Holdings does not grant you any rights to use the Website or Content for any other purpose. 

(c)      You agree not to copy, reproduce, publish, adapt, modify, create derivative works retransmit, manipulate, distribute, disseminate, sell, broadcast, circulate, make available online, communicate to the public or otherwise commercially exploit the Content or copies of the Content to any third parties for any purpose, unless Retail Holdings has provided its express prior written consent.

(d)      Any material that you send to Retail Holdings or post on Retail Holdings’ social media or other platform, will be deemed to be non-confidential. You provide Retail Holdings with a royalty free, perpetual licence to use (including to reproduce, distribute, display) the material provided in connection with Retail Holdings’ business on the Website, in social media posts, advertisements, presentations, training material and other documents, whether in printed, digital, electronic or other format for the purpose of promoting Retail Holdings’ business.

(e)      Intellectual Property Notice

(i)      This website includes trade marks and copyright material which are owned or licensed by Sportsgirl Pty Ltd, Sussan Corporation (Aust.) Proprietary Limited, Suzanne Grae Corporation Pty. Ltd., or Retail Holdings Pty. Ltd., including the SPORTSGIRL, SUSSAN, SUZANNE GRAE and THE SUSSAN GROUP trade marks.

(ii)       Other Trade Marks

(A)      The APCO LOGO trade mark is a trade mark of Australian Packaging Covenant Organisation Ltd.

(B)      The AUSTRALIAN COTTON LOGO trade mark is a trade mark of Cotton Australia Limited.

(C)      The B BETTER COTTON LOGO trade mark is a trade mark of Better Cotton Initiative.

(D)      The BREAST CANCER NETWORK AUSTRALIA LOGO trade mark is a trade mark of Breast Cancer Network Australia.

(E)      The CERTIFIED B CORPORATION LOGO trade mark is a trade mark of B Lab Company.

(F)      The HEADSPACE LOGO trade mark is a trade mark of headspace National Youth Mental Health Foundation Ltd.

(G)      The SEAMLESS LOGO trade mark is a trade mark of Clothing Stewardship Australia Ltd. 

(H)      The WOMEN’S COMMUNITY SHELTERS LOGO trade mark is a trade mark of Women's Community Shelters Limited.

3. Use of the Website

(a)      You must not:

(i)      access or attempt to access any part of the Website which is not designated for access by your password (where applicable);

(ii)     except as permitted under section 2(c), by any means copy, reproduce, republish, duplicate, adapt, upload, link, post, frame, translate, transmit (including recording or caching by a storage or information retrieval system) or distribute any part of the Website or any Content;

(iii)     use the Website or any Content in any way that is unlawful or breaches the rights of Retail Holdings or any third party;

(iv)     attempt to damage, interfere with or introduce anything to this Website or system connected to it for any purpose;

(v)      use the Website or Content in any way that causes, or may cause damage to the Website or compromises the availability or access of the Website, including by transmitting or distributing a virus, malware, Trojan horse, worm, spyware or post any other material which is malicious, or harmful to the Website or corrupt the Website’s data;

(vi)     post, or transmit to the Website any abusive, obscene, threatening, defamatory, illegal or otherwise inappropriate material, or encourage any other person to do so;

(vii)     do anything that imposes an unreasonable or disproportionate workload on the Website, or interferes or disrupts the Website or any network or other website connected to the Website;

(viii)    breach the security of the Website, hack into any aspect of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;

(ix)      interfere with any other person's use or enjoyment of the Website, or infringe upon the rights of any other person’s proprietary rights;

(x)      use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such content;

(xi)      post or transmit any materials to the Website which breach any laws, including the Privacy Act 1988 (Cth), or the export of personal data;

(xii)     engage in conduct that involves spamming other users of the Website;

(xiii)    post or transmit any materials to the Website which are incorrect or misleading; or

(xiv)    use the Website in any way that otherwise breaches these terms.

(b)      Retail Holdings may refuse you access to the Website or edit or delete material posted in contravention of these conditions by you.

4. Reviews

Retail Holdings promotes a positive platform in order to support and empower our community. Please understand we do not publish reviews that are defamatory, offensive, irrelevant, hurtful, abusive, spam or against our values. We will endeavour to remove any such reviews, but we cannot guarantee that will occur.

5. Social Media Pages

(a)      Our social media pages are designed to be a place of inspiration and encouragement for all. While we do our very best to read and respond to as many comments as possible, please understand at times this may not be possible.

(b)      If you tag any images with any of our brand social media handles, you provide Retail Holdings with a royalty free, perpetual licence to use (including to reproduce, distribute, display)  the material provided in connection with Retail Holdings business on the Website, in social media posts, advertisements, presentations, training material and other documents, whether in printed, digital, electronic or other format for the purpose of promoting Retail Holdings business.

(c)      Retail Holdings, in its complete discretion, reserves the right to remove posts it consider defamatory, offensive, irrelevant, hurtful, abusive, spam, or against our values. Promotion for commercial services will be removed unless prior permission has been received, is an official partner of Retail Holdings business or is a non profit organization aligned with the values of Retail Holdings.

6. Third Party Websites

(a)      The Website may contain links to other websites operated, controlled or produced by third parties (‘Third Party Websites’).  Retail Holdings is not responsible for any content on Third Party Websites nor does it control, endorse, sponsor or approve such websites.  If you choose to visit these Third Party Websites you do so at your own risk, and should make your own enquiries before relying on any content contained in such Third Party Websites.

(b)      Retail Holdings makes no representations about the quality or accuracy of content available on Third Party Websites, or that the Third Party Websites’ content does not infringe the intellectual property rights or other rights of a third party.

7. Cookies

The Website may collect and use cookies to assist in the operation of the Website.  A cookie is a small file placed on a user's hard drive which tracks website navigation. If you are concerned about cookies, most browsers have an option which permits users to refuse cookies.  A user can refuse a cookie and still fully navigate our Website. In order to collect statistics about the use of our Website, we may anonymously log information about how users arrive at our Website and for determining if users are unique visitors to our Website. We do this without collecting any personal information about users.

8. Disclaimers and Limitations

(a)      While Retail Holdings updates the Website regularly, it makes no representation as to the accuracy, currency or completeness of any Content or services on the Website.  All Content and services are provided on the basis that you undertake the responsibility for assessing their accuracy and that you rely on the Content and services entirely at your own risk.  You should seek independent advice before acting on any material or information contained on the Website or any Third Party Website, and you must not provide any warranties to third parties in relation to the Content, the services or the performance of the Website.

(b)      To the extent that you acquire goods or services from Retail Holdings as a 'consumer' (as that term is defined in section 3 of Schedule 2 to the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.  Nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred by the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of these Terms to be void.

(c)      Subject to section 8(b) and your statutory rights under the Australian Consumer Law, to the maximum extent permitted by applicable law:

(i)      all Content and services on the Website are provided on an 'as is' basis; and

(ii)     Retail Holdings:

(A)      expressly excludes all conditions, warranties, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on Retail Holdings; and

(B)      does not warrant or guarantee in any way:

(I)       the accuracy or completeness of any Content;

(II)      that access to or operation of the Website will be uninterrupted or error free;

(III)     that any defects on the Website will be corrected immediately; or

(IV)     that the Website will be free from viruses, malware or any other material which is malicious or harmful to the Website that may infect your computer equipment, programs or data due to your use of the Website.

(d)      Retail Holdings will not be liable to you for loss or corruption or destruction of data, loss arising from the transmission of viruses, or any indirect or consequential liability, loss or damage suffered by you (including any liability incurred to a third party) in connection with your use of the Website.  This does not affect Retail Holdings’ liability for death or personal injury arising from its negligence, nor any fraudulent misrepresentation, or any other liability which cannot be excluded or limited under Australian law.

9. Indemnity

Excluding any liability, loss or costs to the extent that it is outside of your control or caused by our mistake, fraud, negligence or wilful misconduct, you indemnify Retail Holdings, its directors, officers, employees, consultants, agents and affiliates, against all actions, claims, charges, costs (including legal costs), expenses, losses, damages and other liability that Retail Holdings may sustain or incur, directly or indirectly, as a result or as a consequence of:

(a)      your breach of these Terms; or

(b)      any negligent or fraudulent act, error or omission by you.

10. Suspension and termination

(a)       You may stop using the Website at any time for any reason.

(b)      Retail Holdings reserves the right, in its sole discretion, to refuse, withdraw, restrict, suspend or terminate your access to the Website at any time without notice and for any (or no) reason, including, without limitation, due to:

(i)      upgrades or maintenance performed on the Website; and

(ii)      your breach of these Terms. 

(c)      To the extent permitted by law:

(i)       Retail Holdings will not be liable to you for any claim made if, for any reason, the Website is unavailable for any time period.  Any such suspension or termination will not affect either party's rights or liabilities.

(ii)      Retail Holdings may disclose any information we may have about you in relation to an investigation or allegation that your use of the Website is in breach of these Terms, or is in breach of law or any other regulation; and

(iii)     Retail Holdings reserves its right to take such action as it deems appropriate to deal with any person who is in breach of these Terms, including by blocking computers using your IP address from accessing this Website, contacting your internet service provider to request that they block your access to the Website, and/or identifying or bringing legal action against any person who is in breach of these Terms, including seeking injunctive relief.

11. Security

When using websites, the internet, Third Party Websites or third party networks or facilities, you are using networks, facilities and services that are beyond the control of Retail Holdings.  You assume all risk and liability of your use of the Website, the internet or any such third party networks, including access to the Website via such media.  Retail Holdings recommends users review each website’s privacy statement before disclosing any personally identifiable information.

12. Changes to the Website Terms of Use

(a)      Retail Holdings may change these Terms from time to time.  If Retail Holdings reasonably considers that the change is likely to:

(i)      benefit you or have a neutral or minor detrimental impact on you, Retail Holdings may change these Terms by making such changes immediately without notifying you except by publishing these terms as amended on the Website;

(ii)     have a significant detrimental impact on you, Retail Holdings will make such changes to these Terms no sooner than 30 days after Retail Holdings has notified you of those changes by putting a notice on this Website.

(b)      If you do not accept a change made to these Terms, you must immediately cease using the Website.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of these Terms, which will continue in full force and effect and these Terms will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision.  The invalidity, illegality, or unenforceability of any provision of these Terms will not constitute failure of consideration.

14. Waiver

Any failure by Retail Holdings to act or enforce these Terms immediately will not be considered a waiver of Retail Holdings' right to take any such action.

15. Governing Law

(a)      These Terms are governed by the laws of Victoria, Australia.  By using the Website, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia in relation to any dispute relating to the Website.  You are responsible for your compliance with all laws and regulations applicable to your location.

(b)      The above Website Terms of Use constitute the entire agreement between you and Retail Holdings and supersede any and all preceding and contemporaneous agreements between you and Retail Holdings.

Last updated: September 2024