- Maui Jim
Effective: November 1, 2022
1.1 All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, advertising copy, displays, products, HTML code and scripts (collectively, the “Website Content” or “Content”), and the collection, arrangement and assembly of the Website Content, is the property of Maui Jim and its sponsors, distributors, or licensors, and is protected by applicable local and international intellectual property laws, codes and regulations.
1.3 The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of Maui Jim.
2. Use of Website Content:
2.2 All rights not expressly granted are reserved by Maui Jim and its licensors.
2.3 This limited license may be revoked at any time for any reason or no reason.
3.1 All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by Maui Jim and its licensors.
4. Third Party Websites:
4.1 The Website may include links to third party websites not operated by Maui Jim. These links are provided for the User's convenience and in no way signify any endorsement of any such websites or the content thereof.
4.2 The User acknowledges their use of, and access to, such third party websites may be subject to separate terms issued by the third party website, which will form a separate agreement between the User and the relevant third party.
4.3 Access to any third party websites is at the user's own risk, and Maui Jim does not make any representations or warranties in relation to, and to the extent permitted by law, we exclude all liability from, such third party websites, products and services. We are not liable for anything arising out of or related to such sites and/or their content, or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, or any goods or services, available on or through any such site.
5. User Information:
5.1 You can browse the Website without creating an account, however, sometimes Maui Jim may require you to create one to make a purchase and/or access certain functions of our Website.
5.2 Where you create an account, you are responsible for maintaining the confidentiality of your password and registration attached to your account and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your account or any other breach of security.
5.3 If you would like to delete your Account for any reason, please contact us at email@example.com.
5.4 The Website may require the transmission of information provided by the User (“User Information”). User Information may include, but is not limited to, a User's name, address, email address, telephone number, method of payment, credit card number, and billing information.
5.5 The User warrants all User Information is current, complete, and accurate. The User agrees to keep the User Information provided to the Website current at all times and to promptly update such information on the Website to the extent of any change.
6. Online Purchase:
6.1 The Website allows Users to make online purchases. Where a User makes such a purchase via the Website, all information obtained by Maui Jim from the User in the course of such purchase, including User Information, may be collected by Maui Jim, as well as our third party vendors, such as payment processing companies, responsible for facilitating your purchase.
6.2 These third-party vendors may have privacy and data collection practices that are different from those utilised by Maui Jim. Maui Jim has no responsibility or liability for the independent policies of these third-party vendors.
7. User Content:
7.1 The Website may allow the User to upload photographs, videos or other content (“User Content”). The User shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Website and related Maui Jim platforms.
7.2 The User shall retain ownership of all User Content and hereby grants to Maui Jim a non-exclusive, royalty-free, transferable, irrevocable, perpetual, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the Website and related Maui Jim platforms and for our business purposes.
7.4 The User grants Maui Jim the right to identify the User as the author of any such User Content by name, email address, or screen name, and the User acknowledges that Maui Jim has the right, but is not obligated, to use any such User Content and that Maui Jim may cease utilising such User Content at any time for any reason.
7.5 The User agrees not to submit, upload, or otherwise make available via the Website any User Content or materials (i) that is unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person's privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which the User does not have the rights necessary to transmit and publish such User Content or materials, or to grant Maui Jim the license to use such content or materials as described herein.
8. Third Party Content:
8.1 The User understands and agrees that Maui Jim does not control and is not responsible for any content made available on the Website by other users. The User's use of, or reliance on, any information contained in such third-party content is at the User's sole risk.
8.2 Under no circumstances will Maui Jim be liable for any such third-party content or for any loss or damage resulting from the User's use of, or reliance on, such third-party content.
9. Acceptable Use:
9.1 The User's permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorised by Maui Jim to access Website Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorised access our systems or user accounts, (vi) encourages conduct that would constitute a criminal offence or that gives rise to civil liability, (vii) attempts to damage, disable or overburden our servers or networks, or (viii) fails to comply with applicable third party terms.
10. Information Disclaimer:
10.1 Maui Jim attempts to be as accurate as possible regarding product descriptions, pricing and availability on the Website. However, unless specifically stated otherwise in writing on the Website and to the extent permitted by law, Maui Jim does not warrant that product descriptions or Website Content are accurate, complete, reliable, current, or error-free.
10.2 From time to time, the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability. Maui Jim reserves the right to revise the price, description, and/or availability of products without notice.
11. Eligibility and Jurisdiction:
11.2 Maui Jim provides the Website for use in Australia. Maui Jim does not represent the Website is available or appropriate for use in other jurisdictions.
11.3 Any access to or use of the Website from other jurisdictions is at the User's sole risk and the User is responsible for complying with all applicable local laws.
12.1 To the fullest extent permitted by law:
- Maui Jim and its licensors do not warrant or guarantee the accuracy, reliability or completeness of the Website Content or represent that the Website or the Website Content is error-free or capable of operating on an uninterrupted basis;
- the Website is provided “as is” and “as available” and without warranty of any kind, either express or implied, including all implied warranties of merchantability, fitness for use and/or a particular purpose, guarantee of a particular result or outcome, title, and non-infringement.
13. Limitation of Liability:
13.2 Use of the Website is at the User's own risk. To the fullest extent permitted by law, Maui Jim and its licensors shall not be liable for any direct, indirect, incidental, special, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) arising out of or related to: (i) use or misuse of the Website or the Website Content; (ii) inability to access or use the Website or the Website Content; (iii) any loss or corruption of data or information submitted via the Website; (iv) any communications or services provided by, or requested from, Maui Jim via the Website; or (v) any personal injury (including death) or property damage resulting from access to or use of the Website. The foregoing limitations of liability shall apply whether the claim is based on warranty, contract, tort, or any other legal theory, and whether or not Maui Jim is advised of the possibility of such damages.
14.2 Maui Jim reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with Maui Jim in asserting any available defenses.
15. Changes to Website and Maintenance:
15.1 At any time and without notice to the User, Maui Jim may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof.
15.2 Any such termination, change, suspension or discontinuance shall be without liability to the User.
16. Changes to Terms and Updates:
17. Governing Law:
18.5 Please contact Maui Jim with any questions, complaints, or claims regarding the Website: firstname.lastname@example.org.