Terms And Conditions
themancompany services are provided to you by themancompany. We provide the website features and other products and services to you when you visit or shop at themancompany.com.au (the “website”), use any themancompany products or services, or use themancompany applications for mobile. Please read these conditions carefully before using themancompany Services. By using themancompany Services, you agree to be bound by these conditions.
To access and use some of our Services, you may need to register with us and set up an account with your email address and a password for your “Account”. The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.
To use the Services, you must be over 18 years old or must be accompanied by your parent or guardian. By using our services you agree that you will post in the appropriate category or area and not involve in any of the below illegal practices:
1. Violate any laws, including the Posting Rules;
2. Post any threatening, abusive, defamatory, obscene or indecent material;
3. Be false or misleading in the information you have provided;
4. Infringe any third-party right which includes copying, modifying, or distribute any other person’s content without their consent or any actions which do not protect the original work of authorship;
5. Distribute or being part of any distribution which contains spam, chain letters, or pyramid schemes;
6. Distribute or being part of any distribution that contains viruses or any other technologies that may harm themancompany, the Services or the interests or property of themancompany users;
7. Imposing any unreasonable load on our infrastructure by automated software or any other means whatsoever or interfere with our services by using any automated system or bots or any other means to access or collect content for any purpose;
8. Gather information about others, including email addresses, without their consent; and/or
9. Bypass measures used to prevent or restrict access to the Services.
themancompany Product review communications
themancompany offers the platform where visitors may post reviews, comments and send communications for other’s content or share them across social media; Users are also liable to submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must abide by all the terms mentioned in using themancompany section of the terms and conditions. themancompany reserves the right to remove or edit such content which is not aligned to our policies.
While themancompany will always work towards protection of your intellectual property rights associated with such content and material and always work for any complaints against the offenders if you have any dispute you agree to release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes. You accept the term as per the Release section of Terms and Conditions.
You are responsible for your content uploaded in themancompany and by this, you agree to represent and affirm that the contents uploaded are owned by you or otherwise, you have full control on all of the rights to the content and material that you have posted, as at the date that the content or material is posted and the information provided complies with the Conditions of Use and any applicable Service Terms and does not breach any applicable laws. You agree to fully compensate themancompany for all claims brought by a third party against themancompany arising out of or in connection with the content and material you have supplied. We have the right to remove your comment from themancompany site if we believe it causes problems or violates any law or policy.
You place an order with themancompany by selecting products and pressing the “purchase now” button on the checkout page. themancompany reserves the right to accept or reject any order for any reason including without limitation, unavailability of product; an error in the price, image, or the product description; or error in your order. Orders are deemed received by themancompany at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by themancompany upon themancompany acknowledging such order or failing to reject such order within 14 days. We only accept orders from mainland Australia and Tasmania.
themancompany uses its best endeavors to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However, you acknowledge that in some cases this is not possible and themancompany may need to reject an order you have placed for a product where themancompany establishes that it is actually unavailable for delivery. In such cases, themancompany will refund in full all amounts you paid in respect of such unavailable product. themancompany cannot provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.
You must pay for your products purchased on this website at the time of placing an order. We accept major credit cards including Mastercard and Visa.
Variation of Products and Price
themancompany may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full.
The Delivery Policy is expressly incorporated in the Purchase Terms. Please note that to purchase products, your delivery address must be within a suburb where themancompany provides delivery. Orders will not be processed for delivery to an address in a suburb not in themancompany delivery area. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.
Return claims (including for replacement products, refunds, or credits) are detailed in themancompany’s Returns Policy. The Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.
Intellectual Property Protection
themancompany respects the intellectual property of others. If you believe that an item or information on any themancompany Service infringes any intellectual property rights, please contact us immediately.
Third-Party Services on themancompany
For any online payment, themancompany accepts our appointment as your limited agent to redirect you to the gateway through our secure website. The scope of our appointment as your agent limits to the point where it takes you to the third party payment service. If you have any dispute with your payment as a buyer that does not arise directly as a result of an error by themancompany, in respect of any payment transacted (or failed to be transacted) from your Account, you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures, and employees and those of our affiliates) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes. themancompany does not store any of your complete financial details without your consent. Any third-party provider’s terms and conditions apply for their payment services that must be agreed to use their services. You acknowledge and agree that, to the extent permitted by law, we are not liable to you for any loss or damage you incur arising from your use of the payment method, unless such loss or damage was as a direct result of themancompany’s error.
Limitation of Liability
To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
themancompany excludes any liability to you for any loss or damage suffered by you as a result of themancompany failing to comply with any applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by themancompany.
If you have a dispute with one or more themancompany users, you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures, and employees and those of our affiliates) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Mobile Devices Terms
If you’re accessing themancompany Services from a mobile device using our Mobile Application, the additional Mobile Devices terms and conditions apply to you. Your use of the Application confirms your agreement to these Mobile Devices Terms:
Terms and Conditions:
1. themancompany grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third-party terms of agreement when using the Application (e.g. your wireless data service agreement).
2. The Application may not contain the same functionality available on the themancompany website.
3. Downloading and using the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the Application.
themancompany owns or is the licensee to, all right, title, in its Applications including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights and holds sole right for maintaining application, renewals, extensions, and restorations. This excludes any individual contribution to our site like Products or Comments which may or may not be Intellectual Property for the content owners. You agree not to modify, adapt, translate or use any decompile or reverse-engineer mechanism to disassemble, or otherwise attempt to derive source code for themancompany Application and you will not remove, obscure, or alter themancompany’s copyright notice, trademarks or other proprietary rights which are integrated or part of themancompany Application.