TERMS OF USE

Introduction

This Website (referred to in these Terms of Use as "the Website") is owned and operated by Sabo Skirt.  Access is conditional upon your acceptance without alteration of the terms and conditions set out below.  By continuing to access the Website, you are agreeing to be bound by the terms and conditions set out below and the Privacy Policy as displayed on the Website.  If you do not agree with the Terms of Access or the Privacy Policy, you should exit this Website immediately and should not register as a member.

Agreement

This agreement constitutes a contract between you and Sabo Skirt Pty Ltd (ACN 147 388 743), further referred to as "Sabo Skirt", regarding the use of the Website.

The term "Sabo Skirt" includes Sabo Skirt, its proprietors (from time to time), assignees and successors.

Use of the Website

Your right to use the Website is subject to the Terms of Use, and Sabo Skirt may vary or modify the Terms of Use from time to time in its sole and absolute discretion. If you do not agree to the modifications made to the Terms of Use from time to time, you should immediately cease using the Website; otherwise, your continued use of the Website will be evidence of your acceptance of the modified Terms of Use.

Persons under the age of eighteen (18) years require the consent of their parents or legal guardian/s before using the Website.

You agree not to use the Website for any unlawful purpose.

You agree not to use the Website to upload any virus, Trojan horses, or do anything that is likely to harm the Website, or to cause harm to Sabo Skirt’s systems or to the system of any person who accesses the Website.

Sabo Skirt reserves its right to discontinue, temporarily or permanently, the Website and/or any of the facilities available via the Website without notice to you.

Sabo Skirt reserves its right to restrict access to the Website or certain parts of the Website at any time without notice to you.  Sabo Skirt acknowledges that you may cease using the Website at any time.

Sabo Skirt is not liable to you or any third party by way of Contract or Tort for:

  • Any suspension or termination of the Website and/or any of the facilities available via the Website.

  • Restriction of your access to the Website and/or any of the facilities available via the Website.

You have read and agree with the following information supplied on the website.

  • Returns & exchanges

  • Shipping info

  • Size guide

  • Privacy policy

Gift Cards

Online and In-store Gift Cards are issued through Sabo Skirt Pty Ltd (ACN 147 388 743), referred to hereafter as "Sabo Skirt." 

By accepting and activating gift cards, you explicitly recognise such transactions as legally constituting the activation of a valid form of payment intended for use exclusively within the Sabo Skirt network, both online and in-store.  Upon activation, you acknowledge that the applicable tender is confined solely to the jurisdiction of the country in which the purchase is made and cannot be utilised as a form of payment outside the currency of its initial activation.

Gift cards are valid for three (3) years and considered non-refundable, implying that once purchased, they cannot be returned for a refund or exchanged for cash or other forms of payment.

Membership

You agree to provide accurate and current information about yourself (termed "Registration Data") when completing the member registration form.

You agree to update your Registration Data in the event your Registration Data changes or becomes out-of-date.

Sabo Skirt may impose or alter, without notice to you, any conditions for becoming a member, and Sabo Skirt reserves its rights to alter or vary the benefits and privileges accruing to members.

Once Sabo Skirt approves you as a member, Sabo Skirt agrees to issue you a password, and it is your responsibility to maintain the confidentiality of the password.  Sabo Skirt is not liable for any loss or damage arising from the unauthorised use of a password.

Sabo Skirt has the right to refuse, terminate or suspend your membership, password or use of the Website in its absolute and sole discretion.

Sabo Skirt may terminate or suspend your membership, password or use of the Website if:

  • Sabo Skirt suspects that the Registration Data provided by you is outdated, false, offensive, inaccurate or impersonates someone else; and/or

  • Sabo Skirt, in its sole opinion, considers your membership or use of the Website is detrimental to its reputation; and/or

  • Sabo Skirt, in its sole opinion (and without any obligation to provide any reasoning), doesn’t wish for you to be associated with it, or have access to the Website.

Sabo Skirt is not liable to you or any third party for any loss or damage or claim arising from your membership being terminated or suspended.

You agree to Sabo Skirt sending you electronic mail (e-mail) from time to time to inform you of changes to the Website and to inform you of promotions and advertisements.

Facilities Available via the Website

The Website provides persons with the opportunity to engage in a discussion forum and other interactive communication.  Sabo Skirt requires that persons use the Website and its facilities, including but not limited to the discussion forum, in a responsible manner.

Sabo Skirt does not pre-screen the content posted, transmitted or submitted via the Website by persons other than Sabo Skirt.  You acknowledge that you may be exposed to content that is offensive to you.

You are not to post, transmit or submit content via the Website which is offensive, rude, distasteful, malicious, abusive, defamatory, libellous, slanderous, harassing, racially or sexually offensive, or which infringes the privacy rights of another or which is promotional in nature or which Sabo Skirt determines, in its sole and absolute discretion, to be unacceptable.

Sabo Skirt reserves its right to refuse, remove, edit or modify any content posted, transmitted or submitted via the Website.

Entry to Sabo Skirt online competitions is provided to all residents of Australia on the proviso that the entrant is available to pick up their prize from their nominated store within the allotted timeframe detailed in the winner's prize confirmation e-mail. No requests for arrangements to mail or courier a prize to a winner will be considered, and no exceptions or correspondence will be entered into.

SMS Services

Sabo Skirt agrees to make available an SMS Service to persons who are members of the Sabo Skirt Website ("the SMS Service").

You agree that Sabo Skirt may terminate or suspend the SMS Service at any time in its sole discretion.

Sabo Skirt reserves its right to refuse to provide the SMS Service to any member in its sole and absolute discretion.

By sending an SMS to initiate the SMS Service, you will incur a cost from your mobile phone carrier, and you agree to be responsible for this cost.

Sabo Skirt acknowledges that you may unsubscribe from the SMS Service at any time.

We do not guarantee that the SMS Service is compatible with all networks. We are not responsible for the incompatibility of certain mobile phones with the SMS Service.

Disclaimer

You acknowledge that the use of the Website is at your sole risk. Sabo Skirt gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the information contained on the Website.  Any reliance upon any information contained on the Website is at your sole risk.

Sabo Skirt is not liable for any loss or damage or claims as a result of you or a third person acting on the material appearing on the Website.

Sabo Skirt makes no warranty that the Website will be secure or error-free or virus-free, and any material downloaded through the use of the Website is done at your own risk, and you will be solely responsible for any damage to your computer system or for any loss of data.

Agreement

You represent and warrant in relation to any material that you post, transmit or submit via the Website that:

  • You are authorised to provide the material

  • The material does not infringe or interfere with the rights of any person, including the privacy of any person.

  • The material is original and does not infringe any intellectual property right, including, but not limited to, trade marks, confidential information and copyright.

  • The material is not defamatory or obscene, nor does not constitute a "passing off" of any material.

  • The material does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Queensland.d

You agree not to post, submit or transmit via the Website any person's name, contact details and other personal information unless you have first sought and obtained the written permission of that person to do so.

By posting, submitting or transmitting material via the Website, you agree to grant Sabo Skirt a perpetual, non-exclusive and payment-free licence to reproduce, use and exploit the intellectual property, as part of the Website.

Mobile Terms of Service

The Sabo Skirt mobile message service (the "Service") is operated by SABO (“Sabo Skirt”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Sabo Skirt’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Sabo Skirt through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Sabo Skirt. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt out of the Service at any time. Text the single keyword command STOP to Sabo or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Sabo Skirt mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Sabo or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy.

To see how we collect and use your personal information, please see our Privacy Notice.

Privacy

You agree with our privacy policy as outlined on our Website.

You agree to and acknowledge the following matters:

  • That Sabo Skirt cannot ensure the security or privacy of information you post, transmit or submit through the Website, and you release Sabo Skirt from any liability in connection with the use of information by other parties.

  • That any information posted, transmitted or submitted through the Website by you (including your personal information) may be shared with Sabo Skirt’s promotional partners, and you release Sabo Skirt from any liability in connection with the use of information by Sabo Skirt’s promotional partners.

  • That Sabo Skirt cannot control the use by others of any information that you post, transmit or submit via the Website, and Sabo Skirt recommends that you exercise caution when selecting the information that you submit.

Indemnity

You agree to indemnity Sabo Skirt and its proprietors, officers, directors, employees and agents against any loss, damage or claims where such loss or liability arose out of or in connection with a breach of this Agreement by you, or the publication or distribution of material or information supplied to the Website by you, or any complaints or charges made by other parties against you.

Links

The Website contains links to sites operated by third parties.  Sabo Skirt has no control over these third-party sites, and the existence of those links is not to be construed as an endorsement of the third-party sites by Sabo Skirt.

Sabo Skirt is not responsible for the content or material contained on the linked sites.

Intellectual Property Rights

The information and material appearing on the Website is to be used for your sole personal use only.

Sabo Skirt reserves all intellectual property rights in the Website and any necessary software used in connection with the Website.  Except as authorised by Sabo Skirt, you agree not to:

  • Distribute the Website, in whole or in part, in any form

  • Store the Website, in whole or in part, in any storage media

  • Re-transmit the Website, in whole or in part, in any media

  • Scrape or obtain data, images, information or software code from the Website, whether done directly or indirectly, via a person, web crawler (e.g. a spider, spiderbot, or internet bot used to systematically browse the World Wide Web and obtain data or information), or other digital process.

  • Create derivative works based on the Website, in whole or in part

  • Upload data, images, information or software code from the Website to any other site on the World Wide Web.

SABO and Sabo Skirt are registered trade marks.  They may not be used without the prior specific, written permission of Sabo Skirt.

You acknowledge that the Website contains advertisements and material from Sabo Skirt‘s promotional partners and that such material is protected by copyright, trade marks and other intellectual property laws.

Sabo Rewards Program

Only one Sabo Rewards code may be applied per transaction, and each code is valid for a single use only. Sabo Rewards codes may be redeemed alongside Sabo Gift Cards or free VIP shipping offers, but may not be used in conjunction with any other promotional discount codes or offers (for example, BLACKFRIDAY). Each Rewards code remains valid for one year from the date of issuance. Free express shipping for orders within Australia over $99 AUD is available to Sabo Resort Members, tier 3 and above. Entry reward discount codes cannot be used in conjunction with free VIP shipping offers. Customers may earn between 300 and 500 Loyalty points per order by submitting a review of the purchased products; please note that points are awarded only for reviews left on orders placed after registration for the Loyalty programme. No Loyalty points will be reissued if items are returned or orders are cancelled. In addition, birthday points will be credited to the customer’s account within 24 hours of their birthday.

Jurisdiction

This agreement is entered into in Queensland.  This agreement is governed by and interpreted in accordance with the laws of Queensland.

If any part of this agreement is held unenforceable or invalid, that part of the agreement will be deemed to be severed and the remaining provisions will continue in operation.