HEAVY PRIVACY, TERMS, CONDITIONS AND LIABILITY CONTENTS

WEBSITE TERMS & CONDITIONS

  1. Introduction
  2. Intellectual Property Rights
  3. Restrictions
  4. Your Content
  5. No Warranties
  6. Limitation of Liability
  7. Indemnification
  8. Severability
  9. Variation of Terms
  10. Assignment
  11. Entire Agreement
  12. Governing Law & Jurisdiction

THE DIFFERENCE BETWEEN HEAVY PRODUCTS & VENDOR PRODUCTS:

  1. HEAVY Shop Products
  2. Vendor Shop Products

HEAVY ENTERPRISES SHOP POLICIES

  • Money-Back Guarantee
  • HEAVY Enterprises Shop Returns Policy
  • Delivery / Shipping Terms
  • Terms and Conditions of Sale
  • Orders
  • Prices
  • Payment
  • Delivery and Cancellation
  • Stock Availability
  • Returns Policy
  • Title and Risk
  • Liability and Indemnity

PRIVACY POLICY

  • How can you stop receiving emails?
  • How We Protect Your Privacy
  • Data Definitions
  • Sharing and Usage of Account / Subscription Information
  • Account / Subscription Termination
  • Injunction Clause
  • Privacy Policy Changes
  • Liability Limitation

GIVEAWAY RULES & WAIVER OF LIABILITY

  1. Rules & Waiver of Liability
  2. To Enter
  3. Contest Rules
  4. Prize Awards
  5. Acknowledgement of Risks and Waiver of Liability
  6. Final Authority

____

WEBSITE TERMS & CONDITIONS

1. Introduction
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this Website, including all pages within this Website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website, and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

If you are a minor (defined as those who are not at least 18 years of age), you must be accompanied by an adult when viewing this Website.

2. Intellectual Property Rights
Other than Content you own, which you may have opted to include on this Website, under these Terms, HEAVY Enterprises and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

3. Restrictions
You are expressly and emphatically restricted from all of the following:
publishing any Website material in any media without full acknowledgement of the source including a working link back to the original source;
selling, sublicensing and/or otherwise commercialising any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is, or maybe, damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
using this Website to engage in any advertising or marketing other than what you have been authorised to do by a HEAVY Enterprises administrator.

Certain areas of this Website are restricted from access by you, and HEAVY Enterprises may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential, and you must maintain the confidentiality of such information.

4. Your Content
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant HEAVY Enterprises a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. HEAVY Enterprises reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. No Warranties
This Website is provided “as is,” with all faults, and HEAVY Enterprises makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

6. Limitation of Liability
In no event shall HEAVY Enterprises, nor any of its directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and HEAVY Enterprises, including its directors and employees, shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification
You hereby indemnify to the fullest extent HEAVY Enterprises from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms
HEAVY Enterprises is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.

10. Assignment
HEAVY Enterprises shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between HEAVY Enterprises and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of Australia, and you submit to the non-exclusive jurisdiction of the State and federal courts located in Australia for the resolution of any disputes.

THE DIFFERENCE BETWEEN HEAVY PRODUCTS & VENDOR PRODUCTS

The HEAVY Shop is divided into two main sections:

  1. HEAVY Products
  2. Vendor Products

HEAVY Products
These are HEAVY merchandise or product we have designed or sourced ourselves and sell under our business name of HEAVY Enterprises.

Vendor Products
These are products posted on the HEAVY platform by businesses other than HEAVY Enterprises. These are known as Vendors. Vendors can be bands, record labels or other companies such as physical or online stores. They are each separate entities, and they operate as their own business with their own policies, terms and conditions. When purchasing a product from a Vendor Store, you are subject to their policies, terms and conditions. If you have a fault with a product, or your order hasn’t arrived, you will need to deal directly with them. If you are having problems with a Vendor, please let us know using the support portal here: heavymag.com.au/support and we will help sort out the matter.

HEAVY ENTERPRISES SHOP POLICIES

HEAVY Enterprises Shop Money-Back Guarantee
If you are not happy with it, we will give your money back.

HEAVY Enterprises Shop Returns Policy
If you are not 100% satisfied with your purchase, you can return the product and get a full refund or exchange the product for another one, be it similar or not.

You can return a product for up to 14 days from the date you purchased it.
Any product you return must be in the same condition you received it and in the original packaging. Please keep the receipt.

If you believe any HEAVY products are faulty, please contact us immediately on +61 425779122 or heavymag.com.au/support

HEAVY Enterprises Shop Delivery/Shipping Times
It can take anywhere between 2-7 business days for us to print apparel products. Most of our products are printed in 3 business days. It takes 1-5 business days to get ship non-apparel products. Usually, orders we ship to US/Canadian customers arrive from 3-10 days; Australia and New Zealand 2-10 days.

Sometimes, due to customs and environmental factors, delays can cause an order to be delayed. We will supply tracking codes with each order which can be accessed from Your Account dashboard here: shop.heavymag.com.au/order-tracking

If some reason your product doesn’t arrive we’ll investigate why and organise for it to be shipped again or offer a full refund if warranted. We always sort it out–so rest assured you will be looked after.

If you have a question about shipping, if your product hasn’t arrived yet or arrived damaged the best way to contact us is via https://heavymag.com.au/support

We want you to have an excellent experience shopping with HEAVY, and we are here to help if something doesn’t go as planned.

When you receive your order, we’d love to hear about it! You can let us know by leaving a review on the products page or contacting us through the support channel.

HEAVY Enterprises Shop Terms and Conditions of Sale
The following terms and conditions of sale (‘Conditions’) apply to the supply of goods, services or subscriptions (‘Products’) by HEAVY Enterprises (‘HEAVY’) to you, including all transactions for the purchase of Products through this Website. These Conditions should be read in conjunction with HEAVY Enterprises Web Site Terms and Conditions of Use. In these terms and conditions, the expressions ‘we’, ‘us’ and ‘our’ are a reference to HEAVY Enterprises (‘HEAVY’) and includes its related entities.

HEAVY Enterprises
ABN 79 713 359 738

HEAVY Enterprises Shop Orders
Your completion of the order form on this Website will constitute an offer by you to purchase the Products (‘Order’). All Orders are subject to our acceptance.

Any Order under these Conditions must be placed via the forms provided on this Website and must specify the information requested including, without limitation:

• quantity and description of the Products;
• full street address to which the Products are to be delivered; and
• current billing address to which the credit card statements are to be sent.

You must complete all information requested on the Order form before we process the order. We will send you an email acknowledging the Products ordered as soon as possible after you have placed an Order.

Our acknowledgement of your order by email will not constitute an acceptance of the order. An Order for Products will only be binding on us when we accept the order by a separate email once your payment has cleared. If we do not accept your order for any reason, we will inform you by email or in writing.

HEAVY Enterprises Shop Prices
All prices provided on this Website are inclusive of a Goods and Services Tax (‘GST’) unless explicitly stated otherwise. The GST payable by you will be shown on the invoice provided at the time of delivery of the Products. For buyers in countries other than Australia, the price remains the same we do not remove the GST amount from the total price.

The purchase price for the Products will be at our selling price on the date of our receipt of the order, less any applicable discounts in effect at that time. All Orders will attract a delivery charge as set out on our delivery page.

We will not be responsible for errors in pricing that appear on this Website. We will notify you in the event of a pricing error on the Website before an Order is delivered, and you will have the opportunity to cancel your order in accordance with these Conditions.

HEAVY Enterprises Shop Payment
Payment for Products purchased from HEAVY Enterprises via this Website can be made by VISA, MasterCard or American Express credit cards through Stripe, PayPal and also applies to any other third party payment system such as AfterPay and ZipPay.

HEAVY Enterprises will verify the credit card information you submit and will advise you that your payment has been accepted. You must submit to HEAVY Enterprises such information as may be reasonably requested by HEAVY Enterprises for the authorisation and verification of your credit card purchases.

We undertake to safeguard your financial and personal information and automatically encrypt all sensitive information sent between your computer and our servers. Your personal information is protected by SSL with the highest level of encryption commercially available to ensure that your transaction is safe and secure.

HEAVY Enterprises will deliver the Products to you only once the payment has cleared into the specified HEAVY Enterprises bank account.
HEAVY Enterprises reserves the right to decline any payment that is believed to be fraudulent and exercise its lawful remedies if a dispute arises over payment through your credit card provider. If your credit card provider rejects a payment when due, HEAVY Enterprises at its discretion may delay or cancel delivery of any Order you have placed.

HEAVY Enterprises has the right to offset and deduct from any refund due to you all sums owed by you to HEAVY Enterprises. If your account is placed in collection, HEAVY Enterprises will be entitled to claim all reasonable expenses for collection, including legal fees incurred.

HEAVY Enterprises Shop Delivery and Cancellation
We will deliver a Product between 1-18 business days after acceptance of an Order.

If you wish to change or cancel your order, you must immediately contact us by telephone on +61 425779122 or email at [email protected] or via heavymag.com.au/support and we will endeavour to accommodate your request if the Products have not been dispatched. If you change or cancel your order after 48 hours in which you have placed it, we reserve the right to charge you any costs we have incurred in relation to your order, including, but not limited to, transportation and administration costs and such costs will not exceed more than 50% of the total price of the ordered Products.

HEAVY Enterprises Shop Stock Availability
If a Product is “out of stock” when we process your order, we will contact you to discuss revised delivery times or refund options.

HEAVY Enterprises Shop Returns Policy
If you are not 100% satisfied with your purchase, you can return the product and get a full refund or exchange the product for another one, be it similar or not.

You may return Products to us for exchange or refund within 14 days of receipt of the Products, provided that the Products are in perfect condition, unused, unwashed and are accompanied by their original packaging.

Products must be returned to the following address, at your own cost, with a dispatch note stating our original invoice number. HEAVY Enterprises advise on the appropriate shipping address on a case by case basis.

Once we have received the returned Products, we will notify you via email of your exchange or refund. Delivery costs will only be refunded if the return is as a result of our error.

If you believe any Products are faulty, please contact us immediately on +61 425779122 or https://heavymag.com.au/support

HEAVY Enterprises Shop Title and Risk
You agree that until payment of all money owing to us, the Products remain the property of HEAVY Enterprises. The risk of any loss or damage to the Products passes to you from the time we dispatch the Products to your specified address or other agreed address.

HEAVY Enterprises Shop Liability and Indemnity
Except as required by law, all warranties beyond those expressly given in these Conditions, whether express or implied and whether statutory or otherwise, with regard to the Products as to the quality, fitness for purpose or any other matter are excluded.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included, but our liability will be limited for a breach of that condition or warranty to one or more of the following:

  • If the breach relates to goods;
  • the replacement of the goods or the supply of equivalent goods, or
  • the repair of such goods, or;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods, or;
  • the payment of the cost of having the goods repaired

PRIVACY POLICY

We have created this email privacy policy to demonstrate our firm commitment to your privacy and the protection of your information. We will not use your details for another reason than sending you our informative eNewsletters.

By opting into our subscriptions or online store (via email, Facebook, Twitter or Google), you have agreed to receive emails from HEAVY Enterprises.

How Can You Stop Receiving Emails?
Each email sent contains an easy, automated way for you to cease receiving emails from the lists you are subscribed to, or to change your expressed interests. If you wish to do this, simply follow the instructions at the end of any email. Usually, there will be an unsubscribe link that will automatically unsubscribe you.

How We Protect Your Privacy
We use security measures such as SSL encryption to protect against the loss, misuse and alteration of data used by our system. We also use security scripts on the website front and backend to protect the data. We take this seriously.

Data Definitions
We hold two types of data. These are a) your personal account information and b) the data of subscribers who are on your lists (‘subscriber data’).

Sharing and Usage of Account / Subscription Information
We will never share, sell, or rent your personal account/subscription information or subscriber data with anyone without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.

Account / Subscription Termination
Upon termination of your account/subscription, both your account data and subscriber data will be deleted.

Injunction Clause
If for any reason, this policy is violated, you may obtain a legal injunction to prevent the exposure of your data.

Privacy Policy Changes
This Privacy Policy is subject to change without notice.
Liability Limitation

In no case whatsoever will the liability of HEAVY (HEAVY Enterprises) exceed the number of monies paid for services nor with HEAVY (HEAVY Enterprises) be liable for indirect, special, or consequential damages of any kind to any party.

 

GIVEAWAY RULES & WAIVER OF LIABILITY

1. Rules & Waiver of Liability
The contest is open to all Australian residents 18 years or older. Employees of HEAVY Mag / d’Italia Pty. Ltd. are not eligible to enter.

2. To Enter
CAREFULLY READ THESE OFFICIAL CONTEST RULES AND WAIVER OF LIABILITY
All entry forms above become the property of HEAVY Enterprises.

3. Contest Rules
Each competition will run for an arbitrary time period unless otherwise stated. Each winner is randomly chosen. Winners will be decided by HEAVY staff. HEAVYreserves the right to choose the winners and disqualify and not accept some entries. Their decision is final and will not be negotiated.

Grounds for disqualification include:

  • False or incomplete entry form;
  • is considered to be a trouble maker or threat to HEAVY and their competition affiliates;
  • Repeatedly submits to the same competition;
  • Our affiliate or corresponding companies refuse the Contestant for whatever reason;
  • Winners will randomly be picked from the emails received via the above form and based on location.

4. Prize Awards
Each prize winner will be contacted via the email they have submitted and confirmed as the winner.

5. Acknowledgement Of Risks And Waiver of Liability:
Contestant acknowledges that there are risks of personal injury, illness and possible loss of life, and risks of damage to or loss of personal property, which may result from participating in this contest. (eg. Entering live concerts, listening to music too loud, etcetera.)

Contestant voluntarily enters the contest/s and assumes all of these risks.

Contestant, as a condition of entry, agrees to indemnify, defend and hold harmless HEAVY Enterprises and affiliated companies, their vendors, their advertising, promotion and public relations agencies, corresponding companies and their affiliates and agencies, and all officers, directors, employees and agents of the aforesaid entities, from any and all claims and costs, including attorneys’ fees, relating to, arising from or in connection with participation in this contest or the receipt or use of any prize. In so doing, contestant releases and indemnifies the aforesaid entities and individuals from liability for injuries or damages of any kind arising from or in connection with participation in this contest or the receipt or use of any prize. In no event shall HEAVY Enterprises be liable to a contestant for acts or omissions arising out of or related to the contest/s or that Contestant’s participation in the contest/s.

Each prize has been given to HEAVY Enterprises from an official source and is approved by that source. That sources own risks and Waiver of Liability Terms are included upon entering any contest via HEAVY Enterprises.

This contest is run by HEAVY Enterprises and the official source and is in no way in connection it third party platforms such as Apple, Google, Yahoo and similar or any other service or company other than HEAVY Enterprises and the affiliates and vendors involved in the contest.

6. Final Authority
HEAVY Enterprises has sole and complete discretion regarding all contest-related matters. All decisions regarding disqualification of a contestant(s) or winner(s) shall be subject to the sole and complete discretion of HEAVY Enterprises. You can be disqualified for any reason at any time.

 

If you have any questions regarding any of the data provided above on our privacy policy, terms, conditions and liabilities, please email: [email protected]