- WHAT PERSONAL DATA DO WE COLLECT?
- HOW DO WE COLLECT YOUR PERSONAL DATA?
- HOW WILL YOUR PERSONAL DATA BE USED?
- WHO WILL YOUR PERSONAL DATA BE SHARED WITH?
- HOW CAN I ACCESS OR CORRECT MY PERSONAL DATA?
- REQUEST TO WITHDRAW CONSENT
- ADMINISTRATION AND MANAGEMENT OF PERSONAL DATA
- THIRD-PARTY COOKIES AND TRACKING TECHNOLOGIES
- CONTACTING US
- GOVERNING LAW
- UPDATES ON DATA PROTECTION POLICY
- “Applicable Laws” means the Privacy Act 1998 (Cth), the Privacy Act 1993 (NZ) and their respective subsidiary legislations and regulations, as amended from time to time;
- “Apps” means our mobile app on iOS and Android and any other app we may own or operate from time to time;
- “Personal Data”means any data, whether true or not, which is (a) about an individual who can be reasonably identified (i) from that data; or (ii) from that data and other information to which we have or are likely to have access and would include data in our records as may be updated from time to time, or (b) defined as “personal data” or “personal information” under any Applicable Laws;
- “Platforms” means collectively SHOP INFINITY’s Apps, Social Media and Website, and any other websites or applications which we may own or operate from time to time;
- “Related Corporations” means the subsidiary entities of Global Fashion Group S.A, a Luxembourg registered company;
- “Social Media” means SHOP INFINITY’s pages and accounts on third-party social media platforms such as Instagram, Facebook, Twitter, Pinterest and Google+’
- “SHOP INFINITY, we, us, or our”means Internet Services Australia 1 Pty Ltd (ABN 50 152 631 082), and includes any subsidiary entities in existence from time to time; and
- “Website”means the SHOP INFINITY website and associated services accessed at the following address https://www.shopinfinity.com.au or other internet locations.
WHAT PERSONAL DATA DO WE COLLECT?
During our relationship with you, we may collect Personal Data from you. Examples of the types of Personal Data we may collect includes your name, contact details, mailing and delivery addresses, email address, birthday, facial image, your shopping or browsing behaviours, voice recording (from customer service calls) and any other personally identifiable information that you have provided us in any form you may have submitted to us, or in the course of any other forms of interaction between you and us. Where such information pertains to an identified individual – Personal Data may also include network and device data such as IP address and device or advertising identifiers and information we obtain using cookies or other tracking technologies. We may also collect information about you from third-party sources and platforms (including data validation services, authentication service providers, social networking sites, online marketing and segmentation providers and ad targeting companies) to supplement the information we collect directly from you.
If you provide us with Personal Data relating to a third-party by submitting such Personal Data to us, you represent to us that you have obtained the consent of the third-party to provide us with their Personal Data for the respective purposes.
HOW DO WE COLLECT YOUR PERSONAL DATA?
We collect Personal Data from you when:
- You register an account on the Website or the Apps;
- You use any of our related services, such as subscribing to our newsletter or product notifications;
- You browse our products and services or otherwise interact with our Website and Apps;
- You accept our cookies and other tracking technologies on your device;
- You interact with our customer service team or other representatives, for example, via our web form, chat, emails, telephone calls, letters, or face-to-face meetings;
- You interact with us on our Social Media, such as liking our posts, commenting on our posts, private messaging us on our Social Media;
- You sign up to our affiliate marketing partner network;
- You sign up to be a vendor selling to SHOP INFINITY, including via SHOP INFINITY Marketplace;
- You purchase a gift card for redemption on SHOP INFINITY;
- You participate in our promotions and giveaways, initiatives or any request for additional Personal Data such as customer surveys;
- We consult publicly available sources of information, or receive references or referrals from marketing and business partners, Related Companies, and third parties, for example, where they referred you to us to enjoy the benefits of a joint promotion or collaboration or to redeem a voucher you purchased through them;
- Your authorised representative submits your Personal Data to us for any purpose reasonably authorised by you, for example if such representative is purchasing our product or service to be delivered to you or as a gift;
- Our third-party analytics and other service providers, business or commercial partners provide your Personal Data to us, which was collected and processed by them and disclosed to us pursuant to their separate privacy policies; or
- You voluntarily submit your Personal Data to us for any reason.
HOW WILL YOUR DATA BE USED?
We may use and disclose your Personal Data for purposes necessary to provide you with our products as services, including to:
- provide, maintain, protect and improve our technology, products and services, and monitor their effectiveness;
- register and maintain your user account and to verify your identity or age;
- process your order for our products or services, process or collect your payment for the order;
- deliver or perform the products or services you purchased, including couriers calling or messaging you to obtain your delivery instructions;
- facilitate you transacting via alternative payment methods (such as Paypal or Afterpay);
- process your returns or refunds in accordance with our Terms and Conditions;
- provide you with supporting services and functions related to your user account, such as saved items in cart, wish-list, brand or product and browser notifications;
- personalise and improve your customer experience when you visit the Website and the Apps, for example by prioritising products and services appearing in your search results or feed, or in communications we send you;
- monitor and enforce compliance with our Terms and Conditions, including dispute resolution;
- to carry out administration, marketing, planning, fraud detection and loss prevention activities, procurement, product and service development, quality control and research to improve the way we provide products and services to you;
- comply with (i) internal risk controls, (ii) the terms of our access to payment processing, financial or banking services such as credit card disputes, fraud, billing errors, or (iii) any applicable law, regulation or regulator’s directive; and
- ensure our Website and Apps function properly and to improve their performance, by carrying out activities such as debugging, statistical analyses for optimising our Website and Apps.
(collectively, the “Purposes”)
In addition, we may use and disclose your Personal Data for the following purposes, to:
- send you marketing communications in relation to our sales, products, services, promotions or the Platforms;
- send you marketing communications in relation to the sales, products, services or promotions of business partners, including promotional mail together with your order;
- deliver ads that are related to our products and services that are targeted and personalised to your interests, attributes, preferences and experiences on the Platforms or other websites, apps or online platforms;
- enable businesses to deliver ads which are related to their products and services which may be of interest to you;
- provide you with any add-on or premium services;
- invite you to our private customer events;
- process your participation in our promotions and giveaways (including contacting you if you win, displaying your details online, publishing your name in relevant newspapers or disclosing details of winners to relevant authorities, if required by law), initiatives or any request for additional Personal Data such as customer surveys;
- process your participation in our business partners’ loyalty or point redemption programs;
- conduct market and customer research, analysis or tracking;
- promote our products and services on our Platforms;
- manage the administrative and business operations of SHOP INFINITY and complying with internal policies and procedures;
- improve your customer experience across all touch points and training our customer experience team, such as by recording and monitoring phone calls;
- any specific purpose in relation to a particular product or service, which we may separately notify you on the product or service page; and
- as part of or in anticipation of a business sale, merger, consolidation, investment, change in control, transfer of substantial corporate assets, reorganisation, liquidation, or similar business transaction or corporate event.
(collectively, the “Additional Purposes”)
We may also use or disclose your Personal Data for secondary purposes in accordance with Applicable Laws, or with your further consent.
Finally, we may we also collect information about you in an aggregated and anonymous basis – in order to conduct internal analysis of traffic patterns within our Website. This information is used by us to administer and improve our education and training products and services.
WHO WILL YOUR PERSONAL DATA BE SHARED WITH?
In relation to our use of your Personal Data for the Purposes or Additional Purposes, we may disclose your Personal Data to:
- our employees, consultants, temporary workers or other representatives;
- SHOP INFINITY Marketplace sellers, who supply and deliver the products or services you ordered through the Website or Apps;
- payment processors, who process your payment on the Website and the Apps;
- logistics providers, such as courier, fulfilment or parcel-pickup services which will deliver your order to you, and parcel return partners;
- business partners who separately maintain an account with you for loyalty or point redemption programs;
- business partners or vendors in connection with the processing of any promotion, event or service organised by us;
- our professional advisers, bankers and auditors;
- agents, contractors or service providers who provide operational services to us or who help provide our services to you, such as online cloud storage and processing, fraud detection and monitoring, marketing optimisation, information technology, telecommunications, market research, customer analysis or tracking, security or other relevant services which requires that entity’s collection, use or disclosure of your Personal Data; and
- any other party whom you authorise us to disclose your Personal Data to.
We do our best to minimise the disclosure of your Personal Data to the information necessary to perform the related Purpose or Additional Purpose. However, we may also disclose your Personal Data for secondary purposes if the secondary purpose is related to the Purpose or Additional Purpose and you would reasonably expect us to use or disclose the information for the secondary purpose, otherwise in accordance with Applicable Laws, or with your further consent.
You acknowledge and agree that, should we sell, merge or otherwise change control of our business, our company or the Website to a third-party:
- we shall be permitted to disclose the Personal Data and other information that we have collected from you to the third-party, without giving notice or seeking prior consent from you; and
- we shall be entitled to assign the benefit of any agreements we have with you to the third-party.
HOW CAN I ACCESS OR CORRECT MY PERSONAL DATA?
You may access or correct some Personal Data including your name, birthday, shipping and billing addresses by logging in to your user account on the Website or Apps under “Account > My Details” and clicking the “Edit” button under each relevant field.
For Personal Data that cannot be corrected by you by logging in to your user account on the Website or Apps, you may request to access and correct such Personal Data by submitting a written request to us via our Customer Service contact form or by emailing our privacy team here. We may need to request additional information from you to confirm your identity before providing the access or making corrections.
We will do our best to respond to Personal Data access and correction requests within 30 days. Where we are unable to meet this timeline, we will update you with the soonest possible time within we can provide the information or make the correction. Please note that certain types of Personal Data access and correction requests may be exempt under Applicable Laws, and we may charge you a reasonable fee for the handling and processing of your Personal Data access request, if permitted by Applicable Laws.
While SHOP INFINITY makes reasonable efforts to provide our users with access to their Personal Data, there may be circumstances in which we are unable to provide such access, including but not limited to: where the information in question is legally privileged, would compromise the privacy or other legitimate rights of other persons, where the burden or expense of providing access would be disproportionate to the risks to your privacy, where the request is clearly excessive or unfounded, or where the information requested comprises proprietary business information.
If you have said we can, we’ll send you marketing messages by email or SMS, to keep you aware of what we’re up to and to help you see and find our products.
HOW CAN I UNSUBSCRIBE OR DELETE MY ACCOUNT?
If you wish to withdraw your consent for us to send you marketing communications, you can do this as follows:
- through your account settings on our site under ‘Your Details’> ‘Your Communication Preferences’;
- to withdraw consent for marketing emails – by clicking on the ‘Unsubscribe’ or ‘Update your preferences’ link in the email;
- to withdraw consent for marketing SMS – by following the steps provided in the SMS; or
- by contacting our Customer Service
Once we receive notification that you wish to withdraw your consent for receiving marketing communications, it may take up to 14 days for your withdrawal to be reflected in our systems. Please note you may still receive marketing communications during this period.
If you withdraw your consent to receive marketing communications through a specific communication mode (e.g. SMS) we may still contact, you via other communication modes you have subscribed to (e.g. email).
Note it is not possible to unsubscribe from non-promotional (transaction) communications relating to your online orders or the operation of your account.
You may remove your account by logging in to your user account on the Website or Apps under “Account > My Details” and clicking the “Remove Account” button. We will process such a request within a reasonable time from receiving notice from you of your withdrawal of consent. Once the processing is complete, we will no longer collect, use and/or disclose your Personal Data, except to the extent we retain your Personal Data for compliance, regulatory or other legal purposes.
Note: If you withdraw your consent for us to use and process your Personal Data for the Purposes or the Additional Purposes or for other purposes, we may no longer be able to provide you with the related products, services or benefits associated with our promotion.
ADMINISTRATION AND MANAGEMENT OF PERSONAL DATA
You should ensure that all Personal Data you submit to us is complete, accurate, up-to-date and correct. Failure to do so may result in our inability to provide you with the products and services you have requested. You should keep us updated of any relevant changes to your Personal Data. We will not be responsible for relying on inaccurate or incomplete Personal Data if you have not updated us of such changes.
We will make reasonable efforts to ensure Personal Data likely to be used by us or disclosed by us to another organisation is accurate, up-to-date and correct.
We will also put in place reasonable security arrangements to ensure that your Personal Data is adequately protected and secured and to prevent any unauthorised access, collection, use, disclosure, copying, modification, leakage, loss, damage or alteration of your Personal Data. However, we will not be responsible for any unauthorised use of Personal Data by third parties which is attributable to factors beyond our control. Further, given that no data transmission over the internet can be guaranteed as completely secure, we cannot guarantee 100% the security of any (personal or other) information you transmit to us; and as such we will not be liable for any breach of security or unintended loss or disclosure of information due to our Platforms being linked to the Internet.
DATA RETENTION AND DESTRUCTION
When Personal Data in our possession is (i) no longer required for any reason connected to the purpose it was originally collected or (ii) retention by us is no longer necessary for any other legal or business purposes, we will exercise measures to ensure such Personal Data is either destroyed or anonymised. If this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.
SHOP INFINITY processes Personal Data in multiple countries. We may transfer your Personal Data to recipients possibly located outside the country where you live. If Personal Data is so transferred, we will comply with Applicable Laws in doing so. This includes: (i) obtaining your consent, unless an exception exists under Applicable Laws or any other laws, and (ii) taking reasonable steps to ascertain whether the foreign recipient of the Personal Data is bound to comply with standards of protection that are at least comparable to the Applicable Laws. Recipients of your Personal Data are likely to be located in Australia, New Zealand, United Kingdom, the Philippines, United States of America, Luxembourg, Germany, Japan, Singapore and other countries or jurisdictions depending on the nature of the services those recipients provide to us.
THIRD-PARTY COOKIES AND TRACKING TECHNOLOGIES
SHOP INFINITY uses the services of third-party vendors, who may implement one or more persistent “Tracking Technologies” (such as cookies, eTags, pixels, web beacons/ GIFs, local storage, or other identifiers on your device and browser settings) in order to recognise you and your device each time you visit our Website or Apps. We use these technologies for a number of purposes to enhance your online experience, such as for preference setting, offer selection, analytics, conversion attribution and fraud reduction. We use both session and persistent tracking technologies.
Advertisements or other services on the Website or Apps may be provided by third-party agencies. These advertisements may also include Tracking Technologies. The collection, use, and disclosure of information, including Personal Data, collected by such third-party Tracking Technologies are subject to the privacy and data protection policies of the third-party vendors and are not under our control. For more information on third-party advertising-related cookies and how to opt-out of them, please visit Your Online Choices.
You may reject first party and third-party Tracking Technologies through the settings on your browser. Note that this may result in the loss of Website or App functionality, restrict your use of the Website or App, or delay or affect the way in which the Website or App operates.
We may use third-party service providers to monitor and analyse the use of our Website and Apps. The primary service providers we use are:
GOOGLE ANALYTICS AND GOOGLE OPTIMIZE
SHOP INFINITY uses certain Google Analytics functions. Please see this link for how your data is collected and this link for instructions on how to opt-out of any Google Analytics data tracking.
SHOP INFINITY may use Google Analytics features based on https://policies.google.com/technologies/partner-sitesisplay Advertising, including but not restricted to the following: Google Optimise, Re-marketing, Google Display Network Impression Reporting, Double Click Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. Using the Google Ads Settings, you can opt-out of Google Analytics for Display Advertising and Google Optimize and customise Google Display Network ads.
SHOP INFINITY also uses Re-marketing with Google Analytics to advertise online; third-party vendors, including Google, may show SHOP INFINITY ads on sites across the internet. SHOP INFINITY and third-party vendors, including Google, use first-party Tracking Technologies (such as the Google Analytics cookie) and third-party Tracking Technologies (such as the Double Click cookie) together to inform, optimise, and serve ads based on visitors’ past visits to SHOP INFINITY, as well as report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to SHOP INFINITY.
When you log on to the SHOP INFINITY website, SHOP INFINITY with the help of Google Analytics may use your browsing behaviour to connect it with any other data that has previously been provided by you, in accordance with this policy.
FACEBOOK ANALYTICS AND FACEBOOK INSIGHTS
Facebook Insights is a tool which tracks user interaction on the SHOP INFINITY’S Facebook page, allowing page admins to track usage and improve page performance.
Facebook Analytics is a behavioural analytics solution that helps to track, measure, better understand, and optimise products and customer experience and provides audience information and unifies analytics across devices and channels.
Emails and letters should clearly state that you are making a data protection query, request or complaint in the subject line to ensure the matter is dealt with expediently. We will strive to deal with any query, request or complaint promptly and fairly.
You can find more information about privacy and the protection of your Personal Data on the website of the OAIC at https://www.oaic.gov.au/.
UPDATES ON DATA PROTECTION POLICY
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS SITE
We are not responsible even if the information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting the primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain out-dated information. Out-dated information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area.
Selected products can be found in our full price stores while supplies last. In some cases, merchandise featured on the Site may not be available in stores. The technical specifications and settings of your computer and its display could affect the accuracy of its display of colours of our products on the Site.
USE OF MATERIAL ON THE SITE
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Shop Infinity, their licencors or their content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Except to the extent Shop Infinity is prohibited by law to do so, any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Shop Infinity, is expressly prohibited. Shop Infinity reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. Shop Infinity, or their licencors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Shop Infinity’s sole discretion. Shop Infinity neither warrants nor represents that your use of materials on this Site will not infringe the rights of third parties not affiliated with Shop Infinity.
You may not use contact information provided on the Site for unauthorised purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Shop Infinity reserves the right, in their sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which Shop Infinity may be entitled, at law or in equity.
MATERIAL YOU SUBMIT
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
CONDUCT ON THE SITE
Some features require registration for you to be able to use them. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.
Some features on this Site require the use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and act or omission that occur, through the use of your password, except where Shop Infinity’s acts or omissions resulted in someone other than you using your password without authorisation. If you have any reason to believe or become aware of any loss, theft or unauthorised use of your password, please notify Shop Infinity immediately. Unless such notice is received, Shop Infinity may assume that any communications Shop Infinity receives under your password have been made by you.
You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, “Polo”, “Shop Infinity”, “Polo Shop Infinity” and “Lauren”. You may not use frames or utilise framing techniques or technology to enclose any content included on the Site without Shop Infinity’s express written consent. Further, you may not utilise any site content in any meta tags or any other “hidden text” techniques or technologies without Shop Infinity’s express written consent.
This Site may contain links to other websites, some of which are operated by Shop Infinity and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Shop Infinity is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
TRADEMARKS AND COPYRIGHTS
Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Shop Infinity, their licencors or content providers, or other third parties. All these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Shop Infinity reserves all rights not expressly granted in and to the Site and its content. This Site and all its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under relevant copyright laws.
We respect the intellectual property rights of other third parties and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may contact us here.
- Information that is reasonably sufficient to locate the material in question on the Site;
- Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Shop Infinity to contact you;
- A statement by you believe in good faith that the disputed use is not authorised by the copyright owner, its agent or the law; and
- A statement by you, that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on behalf of the copyright owner.
Shop Infinity is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you provide to us. We have an absolute right to remove any material from the Site in our sole discretion at any time.
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT ALWAYS TO THE LAST PARAGRAPH IN THIS PROVISION: YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. SHOP INFINITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NON INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHOP INFINITY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. SHOP INFINITY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. CERTAIN LEGISLATION MAY IMPOSE CONSUMER GUARANTEES OR IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON SHOP INFINITY WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. NOTHING IN THIS AGREEMENT SHALL OPERATE TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF SUCH PROVISIONS, THE EXERCISE OF A RIGHT CONFERRED BY SUCH PROVISION, OR ANY LIABILITY OF A PARTY FOR A BREACH OF A CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION OR A REMEDY IMPOSED BY SUCH A PROVISION. THIS AGREEMENT MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT ALWAYS TO THE LAST PARAGRAPH IN THE PRECEDING PROVISION: YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORISED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNISING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SHOP INFINITY NORTHER SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, SHOP INFINITY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SHOP INFINITY OR ANY OF THEIR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER SHOP INFINITY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH SHOP INFINITY IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND SHOP INFINITY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
JURISDICTION AND APPLICABLE LAW
ENTIRE AGREEMENT AND ADMISSIBILITY
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.