Terms Of Use

Welcome to the Smiggle website. This website is owned by, and its content is published by the Just Group Limited ACN 096 911 410 ("the Just Group") and its related brands.

In these Terms of Use, "we", "us" or "our" means the Just Group and includes directors, employees and agents; and "you" or "your" means the person who accepts these Terms of Use, by using this website.

The Just Group provides this website as part of its overall service to you. By accessing or using any of the content, information, data, text, graphics, photographs and other materials ("Material") on this website or by ordering any products through this website, you agree to these Terms of Use, the Just Group Privacy Policy and all disclaimers that appear on this website. If you do not agree with these Terms of Use or the Just Group Privacy Policy, you should not use this website.

Just Group Privacy Policy

For an explanation of the policies of the Just Group relating to the collection, use, and storage of personal information of users of this website, and information collected automatically through "cookies" and clickstream information, please refer to the Just Group Privacy Policy available here.

Online Shopping

Part of this website is a shopping website where you can browse, select and order products from Smiggle"s online store in Australia. Customers located outside of Australia should check the Delivery section for further information about possible customs, import and similar duties and charges that may apply to their order.

To purchase goods via this website, you may create an account or check-out as a guest.

If you check out as a guest, full access to functionality on this website may not be available to you including order history, order status, address book and receipt of additional marketing communications.

In order to create an account, you must provide personal details and contact information. You are responsible for maintaining the confidentiality of your account or password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Regardless of whether you create an account or check out as a guest, you warrant that all details you provide to us are accurate and correct, that the information you have provided to us is correct at the time of ordering and that you accept the responsibility that fulfilment of your order is predicated on the information that you have provided to us. This website is intended for use by persons aged 18 years or older. Users under 18 are advised to ask a parent or guardian for their permission before purchasing any products from this website.

Information On This Website

The information on this website is intended for general, public information only and should not be considered to be complete or definitive. We take all reasonable steps to ensure that information on this website is correct, however we do no warrant that it is accurate or complete. To the maximum extent permitted by law, the Just Group accepts no responsibility regarding the completeness or accuracy of information on this website and use of such information is at your own risk.

When you visit a Just Group website, the following information will be recorded by our Internet Service Provider ("ISP") for statistical purposes:

• your server address
• your top level domain name (e.g: .com, .gov, .au, etc)
• the date and time of your visit to this website
• the pages accessed and documents downloaded
• the previous websites visited; and
• the type of browser used.

All non-personal information or material sent to the Just Group is deemed not to be confidential. You grant the Just Group an unrestricted irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute that information or material, for any purpose.

No attempt will be made to identify you or your browsing activities from these records except in the unlikely event of an investigation by the ISP, or where a law enforcement agency exercises a warrant to inspect the ISP's logs.

Your Authority

You authorise the Just Group to collect, store, disclose and share information about you with:

• the Just Group and its brands, being Dotti, Jacqui E, Jay Jays, Just Jeans, Peter Alexander, Portmans and Smiggle ("the brands"); and
• any consultant providing services to the Just Group or to the brands ("Consultants") for the purpose of:
• providing marketing information to you about products and services offered by the brands; and
• monitoring the quality and standard of service provided to you or other consumers by the brands or by the Consultants.

Your Email Address

We will only record Your email address if You send Us a message seeking further information from Us, lodge an online complaint, ask to subscribe to a mailing list or register to receive Our range of marketing material or access specific sections of Our website. Your email address will only be used for the purpose for which You have provided it unless You agree otherwise and, unless legally required to do so, We will not disclose it without Your consent.

Links To Third Party Websites

This website may contain links to sites maintained by other organisations ("Third Party Websites"), and those Third Party Websites are not under the control of the Just Group. The Just Group does not take any responsibility for the Material or functionality of Third Party Websites ("Third Party Material").

• regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or
• that Third Party Material does not infringe the intellectual property rights of any person. The Just Group is not authorising the reproduction of Third Party
• Material by linking material on this website to Third Party Material.

You should take appropriate action to ensure that your access to, and use of this website and Third Party Websites is protected against, and free from viruses, worms, trojan horses and other harmful and destructive material.

Software Downloads

Any software available to download through links from this website is a third party product unless otherwise indicated. Your use of that software may be subject to a licence agreement between you and the software owner. To the maximum extent permitted by law, the Just Group accepts no liability in respect of such third party software and the Just Group provides no warranty and gives no endorsement in respect of such products or any party connected with them. If you have any feedback or suggestions concerning this software, please contact us.

Trade Marks, Copyright And Linking To This Website

Intellectual property rights in all software and Materials on the website is owned by the Just Group and/or its licensors. Except where necessary for viewing material on this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Materials on this website may be uploaded to a third party, linked to, framed, reproduced, adapted, performed in public, distributed or transmitted in any form by any process without the specific written consent of the Just Group. Please contact us if you would like to place a link to any part of this website.

Your Obligations

In addition to obligations listed elsewhere in these Terms of Use, you agree:

• not to copy or adapt any Materials, tamper with this website, misrepresent your identity, use buying agents or conduct fraudulent activities on the website;
• not to transmit or attempt to transmit any viruses, hack data or engage in any hacking activity of any kind;
• to access this website for personal use only;
• to comply with all laws in relation to your access or use of Materials on this website, including laws of the country in which you reside or from which you access this website; and
• not to use any data listed on this website for commercial purposes e.g. through price or information scraping.

Cookies & Clickstream Information

Our website contains cookies. Whenever You visit Our website, Our servers automatically record information about Your usage of this website through 'cookies'.

Cookies are a feature of Internet web browsers which are small pieces of information stored by Your browser on Your computer's hard drive or mobile phone. Cookies are used to maintain session information between Your browser and Our website and identify things related to Your use of this website such as the time of Your visit, its duration and the pages You visit. They enable Our system to recognise Your browser and provide features to You (such as ensuring that advertisements on this website are most directly relevant to Your interests). Most browsers can notify You when a new cookie is received, or turn off cookies altogether. However, if You turn off the cookies, some features may no longer be available to You. For this reason, We recommend You leave the cookies turned on.

We will only use information obtained via cookies in order to learn about Your preferences so that We may improve Our website and the service offered through it. We may from time to time receive and store certain information relating to your use of, and behaviour on, our website. This information is commonly referred to as "clickstream" information. For example, we may record information such as the areas of the website you have accessed, the time, date and URL of the pages requested by you, your IP address and your browser software. The recording of such information enables us to monitor the areas of our websites that are most popular and to improve sections of the website accordingly.

Spam

As part of Our commitment to maintaining Your privacy, the Just Group does not condone or encourage spam.

Spam is 'unsolicited commercial electronic messaging'. People who purchase or subscribe to goods or services over the Internet or by email may attract an unsolicited electronic message or advertisement.

In accordance with the Spam Act 2003 (Cth), We will only send commercial electronic messages with the addressee's express or inferred consent to receive it. All requests to unsubscribe will be dealt with promptly.

Limitation Of Liability

To the maximum extent permitted by law the Just Group is not liable (whether in contract, tort, under statute or otherwise) for any loss, damage or expense (including special, indirect or consequential loss, loss of profit or revenue, loss of use, interruption of business, loss of data, legal costs or settlement costs or otherwise) in connection with:

• use of this website, any other hyperlinked website, Materials on this website or to Third Party Material;
• the transmission of any computer viruses, worms, trojan horses and other harmful and destructive material; or
• any inability to access or use the website due to technical reasons beyond our control.

To the maximum extent permitted by law, the Just Group provides no representations or warranties, express or implied, including any implied warranties of fitness for a particular purpose, merchantability or otherwise in relation to any information provided by the Just Group on this website. Where liability cannot be excluded, the maximum liability of the Just Group for a breach of any term, condition or warranty implied by law or otherwise is limited, at the election of the Just Group to:

• resupply of the relevant advice, service, recommendation or information; or
• payment to you of the cost of having the relevant advice, service, recommendation or information supplied again.

General

Your access to this website may be cancelled without notice if you are in breach of these Terms of Use. All restrictions, licences granted by you and all disclaimers and limitations of liability by the Just Group will continue after cancellation.

The Just Group may, as reasonably required from time to time, revise these Terms of Use. By using this website, you agree to be bound by all revisions and you should therefore periodically visit this page to determine the then current terms of use which govern your relationship with the Just Group.

If a provision of these Terms of Use is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of remaining provisions.

Any rights not expressly granted in these Terms of Use are reserved by the Just Group. A right of the Just Group under these Terms of Use may only be waived in writing signed by the Just Group.

These Terms of Use and your use of this website are governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria.