WEBSITE TERMS OF USE

Effective: November 1, 2022

These Terms of Use apply to our websites, microsites, mobile versions of these websites, and mobile applications (the “Website”) that expressly adopt and display or link to these terms of use (the “Terms of Use”), as may be revised from time to time, and that are owned, operated or controlled by Maui Jim Australia Pty Ltd and its affiliates and subsidiaries including, but not limited to Maui Jim Australia Pty Ltd (collectively, “Maui Jim”, “we”, “our”, or “us”). By accessing and using the Website, the user (“User”, “you”, or “your”) acknowledges and agrees to accept and be bound by these Terms of Use.

1. Content:

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.

1.2 The User is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms of Use.

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:

2.1 The Website, including all Website Content, is provided as a resource for Users to learn more about Maui Jim and its products. Subject to these Terms of Use, the User is granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Website Content for the User's own non-commercial purposes.

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. Trademarks:

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.

3.2 The Marks, and all associated logos or images, are registered and/or unregistered trademarks, and are protected by applicable local and international laws, codes and regulations. No license with respect to the use of the Marks is granted to the User under these Terms of Use or by virtue of User's use of the Website. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Maui Jim or the applicable rights holder.

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 customercare@mauijim.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.

5.6 By using such functionality, the User consents to the transmission of User Information to Maui Jim and/or its agents and authorises Maui Jim and/or its agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in the Privacy Policy located at www.mauijim.com/privacy which is incorporated into, and forms part of, these Terms of Use.

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.

6.3 In addition to being subject to these Terms of Use, User purchase are subject to our Terms of Sale and certain User purchases may subject that User to additional terms and conditions 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.

7.3 The User also grants to the other users of the Website and related Maui Jim platforms a non-exclusive license to access the User Content via the Website and related Maui Jim platforms, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms of Use.

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.

7.6 The User acknowledges that Maui Jim has no obligation to monitor or screen User Content submitted to the Website, but that Maui Jim shall have the right (but not the obligation) to reject, remove or delete any User Content that violates these Terms of Use or that is otherwise objectionable.

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.

9.2 The User must comply with all applicable third-party Terms of Use (e.g., wireless carrier terms of service) at all times while using the Website.

9.3 Maui Jim reserves the right, in its sole discretion, to terminate the license granted to the User hereunder and/or bring legal action against the User if the User engages in, or Maui Jim reasonably believes the User has engaged in or is engaging in, use that violates these Terms of Use.

9.4 Our failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms of Use.

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:

11.1 The User represents and warrants that the User is at least 18 years of age and is fully competent and able to enter into these Terms of Use and to abide by the terms hereof. Alternatively, if you are under 18 (or below age of majority in your location) your parent and/or legal guardian must consent to your use of the Website or can access and use the Website on your behalf.

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.

11.4 By using the Website, the User warrants that the eligibility criteria set out in these Terms of Use are met.

12. Disclaimers:

12.1 To the fullest extent permitted by law:

1. 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;
2. 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:

13.1 These Terms of Use do not limit or exclude any non-excludable rights you might have under any applicable law, including under Australian Consumer Law.

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. Indemnity:

14.1 Upon request by Maui Jim, the User agrees to indemnify, defend and hold harmless Maui Jim and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys' fees) that arise from: (i) the User's use or misuse of the Website; (ii) the User's violation of these Terms of Use; (iii) the User's violation of any third party right, including without limitation any intellectual property rights, copyright, property or privacy right; or (iv) any claim that the User Content resulted in damage to a third party.

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:

16.1 Maui Jim reserves the right to change these Terms of Use at any time, and in its sole discretion, by changing these Terms of Use within the Website.

16.2 The User's continued use of the Website after any such changes to these Terms of Use are made available through the Website will constitute the User's acceptance of those changes. The effective date set out above will indicate the most recent changes.

16.3 These Terms of Use shall govern any updates to, or supplements or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements or replacements - in which case such separate terms will apply.

17. Governing Law:

17.1 These Terms of Use are governed by, and construed in accordance with, the laws of New South Wales, Australia.

17.2 The User irrevocably consents to the exclusive jurisdiction of the courts of New South Wales, Australia for purposes of any legal action arising out of or related to these Terms of Use or use of the Website.

18. General

18.1 Nothing in these Terms of Use will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.

18.2 These Terms of Use contain the entire understanding between Maui Jim and the User concerning the subject matter of the agreement and supersedes all prior communications.

18.3 Any failure by us at any time to enforce these Terms of Use or any rights will not be a waiver of such rights or affect the validity of these Terms of Use.

18.4 If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.

18.5 Please contact Maui Jim with any questions, complaints, or claims regarding the Website: customercare@mauijim.com.