We are delighted to welcome you to the High Sierra website, the official online store for the brand High Sierra,
where
you can browse, select and order products advertised on the website from High Sierra Australia Pty Ltd.
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USER AGREEMENT
- By using the High Sierra Australia website (and App and mobile site) and our social media
pages
(“Website”) you accept these terms and conditions (“Agreement”) and our Privacy Policy. This
Agreement
is between you and High Sierra Australia Pty Ltd (referred to in this Agreement as “we”, “us” or
“our”).
We may change these terms at any time, and changes will be posted on the Website. By continuing to
use
the Website, you agree to be bound by the changes.
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REGISTRATION AND USER REQUIREMENTS
- You must be a registered user or guest (“User”) to place orders and access some features of
the
Website. You will provide us with personal information including your full name, address, a valid
email
address and a telephone number. You must ensure this information is accurate and current.
- By using the Website and its associated functionality, and if you opt in to receive email
updates from us, you grant your express consent to us to send you direct marketing communications to
the
email address you provide, from which you may unsubscribe at any time. Your consent to receipt of
certain communications may be implied from the use of certain functional aspects of our service,
such as
receiving reminders that items are in your shopping cart if you leave the page during a transaction.
- To register an account and/or order from the Website you must be at least 18 years old,
have a
current Australian residential/business address and have capacity to enter into a legally binding
agreement with us.
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ACCESS AND USE OF THE WEBSITE
- You must only use the Website through the interfaces provided by us and in accordance with
these terms and any applicable law.
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You must not (or attempt to):
- interfere (or attempt to interfere) or disrupt (or
attempt
to disrupt) our site or the servers or networks that host our site;
- use (or attempt to use) data mining, robots, screen
scraping
or similar data gathering and extraction tools on our site;
- interfere (or attempt to interfere) with
security-related or
other features of our site; or
- use, copy or distribute (or attempt to use, copy or
distribute) content without our express permission.
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INFORMATION ON THIS WEBSITE
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High Sierra uses its best efforts to keep the information on the Website updated. However, it is
not
possible to guarantee the complete absence of errors on the Website. The information and other
material published on this Website may include inaccuracies or typographical errors. The
weights,
dimensions and volumes of the products are approximate only. We have made reasonable efforts to
ensure that product information is accurate and to display as accurately as possible the colours
of
our products. However, we cannot guarantee that your screen’s display will accurately reflect
the
colour of the product on delivery.
Changes are periodically made to the information on the Website without notice to you. High Sierra
reserves the right to change the Site at any time, in its discretion. High Sierra does not warrant
that the functions contained in the Website or any materials or content contained therein will
be
uninterrupted or error free, that defects will be corrected, or that the Website or the server
that
makes it available is free of viruses or other harmful components. High Sierra shall not be liable
for
the use of the Website, including, without limitation, the content and any errors contained
therein.
- While we make efforts to ensure that items listed as cabin carry-on/hand luggage meet
current
airline restrictions, we cannot be held responsible if an airline applies other check-in standards
or if
airlines or airports change their restrictions.
- You agree to make your own enquiries to verify information provided and to assess the
suitability of goods before you order the goods.
- Some of the following call-outs or icons may appear alongside our products. They can be
defined
as such;
- Clearance: Discontinued line
- Best Seller: A highest-selling product over the past 30 days
- Selling Fast: A fastest-selling product in the past 7 days
- Expert Pick: Recommended by our product design team
- EU: Made in Europe
- New: Newly-listed
- Red Dot Design: Red Dot Design Award winner
- Personalisation: Eligible for customised personalisation
- Pre-order: Your chance to secure a product not yet released
- Intro Offer: Limited time, introductory offer
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DISCLAIMER AND LIABILITY
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To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or
damage of any kind or nature relating in any way to the Website including, but not limited to,
loss
or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the Website or our
social media pages;
- you acting or not acting, on any information contained
on or
referred to on the Website and/or any linked Website or our social media pages;
- personal injury or property damage of any nature
resulting
from your access to or use of the Website;
- any unauthorised access to or use of our secure servers
and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from
the
Website and/or;
- any bugs, viruses, Trojan horses or other harmful code
or
communications which may be transmitted to or through our Website by any third party.
- Where any law (including the Australian Consumer Law) provides a guarantee which may not be
lawfully excluded, our liability will be limited to that provided by law.
- Except as required by law, in no event shall we be liable for any loss or any special,
incidental or consequential damages arising out of or in connection with our Website or this
Agreement
(however arising, including negligence). You agree to accept sole responsibility for the legality of
your actions under the laws that apply to you. You agree that we have no responsibility for the
legality
of your actions.
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INDEMNITY
- You will at all times indemnify, and keep indemnified, us and our directors, officers,
employees and agents from and against any loss (including reasonable legal costs and expenses) or
liability incurred or suffered by you or by us arising from any claim, demand, suit, action or
proceeding by any person against you or us where such loss or liability arose out of, in connection
with
or in respect of your conduct or breach of this Agreement.
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LINKS
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The Website may contain links to external websites that are not operated by us. High Sierra does
not
make any endorsements, or representation as to the accuracy of information contained within
those
websites. These links are provided for your convenience only and you agree that:
- High Sierra makes no representations or warranties, or
have
any responsibility or liability for those websites;
- the links do not indicate, expressly or impliedly, that
High Sierra endorses the site or the products or services that are provided at those sites;
and
- you access and use the products and services made
available
at those sites solely at your own risk.
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PLACING ORDERS
- You are responsible for all orders placed on your account, including for any discrepancies
or
errors in your order caused by you.
- The promotion of goods or services on the Website does not constitute an offer to sell. It
is
an invitation to treat only.
- Orders placed by you are offers to purchase goods under the terms and conditions in this
Agreement at the price specified (including delivery and other charges).
- Goods in your cart are only reserved for a limited period of time, specified by us. Orders
are
only confirmed once payment is received in full.
- We may place orders on hold or reject them if we need to conduct further investigations, if we suspect credit card fraud, if we are unable to ship your order, or if there has been an error in the price or product description on the Website. Our team may also request additional information during this process.
- You must review your order carefully before placing it. Once an order is confirmed, you are
unable to cancel or change it. If you have any problems with your order, then you must go through
the
normal returns process outlined in this Agreement. In the event that we cancel or are unable to
fulfil
your order, we will provide a full refund of any payment received.
- You acknowledge that all orders through the Website are with respect to Goods intended for
personal and domestic use only and non-commercial use, and quantity restrictions may apply as set
out on
the Website from time to time.
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PRICE AND PAYMENT
- The prices of goods, delivery and other charges shown are in Australian dollars.
- The price of the product(s) you order is the price that is displayed on the Website at the
time
you confirm your order and will be confirmed on the e-mail order confirmation. All prices displayed
are
inclusive of GST.
- All payments must be received in full prior to dispatch of goods. If your payment is not
received or is declined by us, your bank or credit card issuer, we cannot and will not hold items
against your order.
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PROMOTIONS AND DISCOUNTS
- High Sierra online offers and promotions may only be used at the Website and do not apply to
purchases at other online or retail outlets. You may receive online offers and promotions which
include
a promotional or coupon code (Code) for use when shopping at the Website. It is your responsibility
to
ensure that the Code is valid, and that you enter the Code at the time of making your purchase
online.
We cannot apply the Code retrospectively once you have submitted your Order.
- Terms and conditions will apply to the use of the offer or promotion. Please read these
carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable
and,
unless expressly stated, may not be used in conjunction with any other offers. If your code is lost
or
stolen it will not be reissued.
- Any % off stated applies to the Australian recommended retail price (RRP) of items,
including
the Australian GST component of that price.
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SUPPLY AND DELIVERY OF GOODS
- Subject to this Agreement, we will supply the goods shown on your order confirmation. We
will
use our best endeavors to meet indicated timeframes for delivery, however we cannot guarantee
delivery
timeframes will be met.
- We offer standard and express delivery options to all residential/business addresses in
Australia. We are unable to deliver items to Norfolk or Christmas Islands or overseas.
- We deliver Monday til Friday, except public holidays.
- Erroneously communicated addresses are the responsibility of the User and may lead to extra
charges that will be recovered from the User.
- We ship our products using Australia Post’s eParcel service. We require someone to sign for
delivery. You accept that a delivery is signed for by a person other than the User, provided that
such
person is present at the delivery address and an adult of 18 years or age or over.
- If you’re not at home during delivery, Australia Post will leave a card with instructions
on
how to collect your parcel. This card/notification generally means that your parcel is waiting for
you
at a local post office. You will need to present this card to the post office when you pick up your
parcel, together with photo identification. Please try and arrange pick-up as soon as possible as
some
post offices will only keep your parcel for a short period of time (10 business days) before they
return
it to us. Note you have the option via your Australia Post order tracking link to either specify an
alternate delivery address, or opt in for safe drop.
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PACKAGING AND LABELLING
- We endeavor to depict goods available for order using accurate images of the goods. At
times,
however, goods actually delivered may to a small extent differ in appearance and packaging from
their
appearance in images and photographs on the Website.
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GOODS OUT OF STOCK
- We reserve the right to notify you that goods for which you placed orders have become
unavailable for reasons beyond our control. You will receive a full refund in the event we cannot
fulfil
your order.
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DEFECTIVE GOODS
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The Australian Consumer Law provides certain guarantees to consumers when they purchase goods and
these guarantees cannot be excluded, restricted or modified. The time limit of consumer
guarantees
varies depending on the price and quality of the goods and may extend beyond this warranty or
any
applicable warranty provided by the manufacturer of the goods. These guarantees include:
- the goods will be of acceptable quality;
- the goods will be fit for a particular purpose;
- the goods will match their description; and
- the goods will match the sample or demonstration model.
- High Sierra offers an additional commercial warranty on certain products. For details of this
warranty, please refer to the warranty card attached to the product and/or to the Website.
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PROCESS FOR RETURNS AND REFUNDS
- A return can only be made if products have been purchased on the Website. For returns of
products purchased from another retailer, please contact the store of purchase.
- We will accept returns for change of mind within 14 days from date of receipt.
- When seeking to return a product, Users must complete the return form and submit it to our
Customer Service team. Where required, we will provide you with a Return Authorisation and
instructions
on how to return your goods, with which you must comply.
- You must cover the cost of the return if it is due to a change of mind and the product must
be
returned to us in its original condition (including authentic labels, use instructions, guarantee
leaflets and other hang tags) in order to obtain a refund.
- Once an item is returned we will either inspect your goods and investigate any claimed
defect
or, where we believe it is applicable, provide a remedy in relation to your goods. If we do not
believe
a remedy is applicable (for example, where we believe the goods have been misused or the
defect/damage
is not covered by the commercial warranty), we will reject your claim and return your goods to you.
You
must cover the cost of return shipping in order to receive goods we have rejected on inspection, and
we
will provide you with instructions on how to make this payment.
- Refunds will be issued using the payment method used for purchase. We aim to process
refunds
and replacements within 14 days of receipt by us of the original product, however this may take
longer
depending on your item and the number of returns in our system.
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SOCIAL MEDIA AND CONTENT
- You understand that all information, such as comments, messages, text, files, images,
photos,
video, sounds and other materials (“content”) posted on, transmitted through or linked from the
Website,
our Facebook page, Instagram page, Twitter feed, Blog, or forum or other like application or site
that
allows for the publication of user generated material (“Social Media”), is the sole responsibility
of
the person from whom such content originated.
-
You understand that we do not control and are not responsible for content made available through
the
Website or Social Media unless it originates from us.
Consequently, by using the Website or our Social Media pages you may be exposed to content
provided
by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable.
You
use the Website at your own risk and to the extent permissible at law we do not accept liability
in
this regard.
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As a member or participant on our Social Media pages, you agree that you are responsible for any
content submitted, posted or made available through the Website via your account and you must
not
post (or allow) content to be posted through your account that:
- you do not have the right to post;
- is defamatory or in contempt of any legal or other
proceedings;
- is misleading or deceptive;
- is offensive or discriminates against any group of
persons
being a group defined by reference to colour, race, sex, sexual orientation, origin,
nationality
or ethnic or national origins;
- denounces religious or political beliefs;
- contains religious or political material;
- is indecent, obscene, vulgar, pornographic or offensive;
- infringes any copyright, trade mark, patent or other
intellectual property right of another person;
- contains any unsolicited or unauthorised advertising or
promotional material;
- contains or links to viruses, malware, spyware or
similar
software; or
- impersonates any person or misrepresents your
relationship
with any person.
- We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any
content
from the Website or our Social Media pages without giving any reasons.
- You understand and agree that we may retain server and backup copies of your submitted
content
even if you have altered, removed or deleted your content from public display.
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INTELLECTUAL PROPERTY
- All content, graphics, user and visual interfaces, photographs, trademarks, logos, artwork,
and
computer code, including but not limited to the design, structure, selection, coordination,
expression
and arrangement of such material contained or used in the Website is either owned, controlled, or
licensed to High Sierra, or is otherwise subject to the intellectual property rights of third parties
and
is protected by copyright, patent and trade mark laws and various other intellectual property
rights. We
reserve all intellectual property rights, including but not limited to, copyright in material and/or
services provided or authored by us. Nothing in the Agreement gives you a right to use any of our
marketing material, business names, trademarks, logos, images, domain names or other distinctive
brand
features.
- Other trademarks used on the Website that belong to third parties are used with permission
and
remain the intellectual property of the third party.
-
You may not:
- modify or copy the layout or appearance of the Website
nor
any computer software or code contained in the Website; and/or
- decompile or disassemble, reverse engineer or otherwise
attempt to discover or access any source code related to the Website.
- If you correspond or otherwise communicate with us, you automatically grant to us an
irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and
distribute the content of your correspondence or communication and to prepare derivative works of
the
content or incorporate the content into other works in order to publish and promote such content.
This
may include, but is not limited to, publishing testimonials on our Website and developing your ideas
and
suggestions for improved goods or services we provide.
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GENERAL
- We will not be liable for any delay in performing any of our obligations under this
Agreement
if such delay is caused by circumstances beyond our reasonable control.
- This Agreement will be governed by and interpreted in accordance with the laws of Victoria,
Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of
Victoria,
Australia.
- If any part of this Agreement is found to be void, unlawful or unenforceable then that part
will be deemed to be severable from the balance of this Agreement and the severed part will not
affect
the validity and enforceability of any remaining provisions.
- If we do not exercise or enforce any right or provision under this Agreement, it will not
constitute a waiver of such right or provision. Any waiver of any provision under this Agreement
will
only be effective if it is in writing and signed by us.
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QUESTIONS, COMPLAINTS, COMMENTS OR CUSTOMER SERVICE CONTACT
- If you have any questions, or if you have technical problems in accessing information on
our
Website, please email info.australia@samsonite.com or call 1800 331 690.
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USE OF INFORMATION OR SUGGESTIONS BY YOU REGARDING THIS WEBSITE
- In the event you provide to High Sierra or post any material, information, suggestions or
comments on or through the Website about the Website, the way in which High Sierra conducts its
business,
or the operation of the Website, High Sierra reserves the right to use such material, information,
suggestions or comments in its discretion, with no compensation or credit to you. You hereby grant
to
High Sierra a non-exclusive, perpetual, worldwide, royalty free license to utilise and publish such
information and material, in whole or in part. However, use by High Sierra of information by which you
may
be identified (such as your name, address and telephone number), will be governed by the Website’s
Privacy Policy.
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USE OF YOUR SUGGESTIONS TO HIGH SIERRA REGARDING NEW PRODUCTS, FEATURES OR PROCESSES
- A submission will not in any way establish a confidential relationship nor will it place
High Sierra in the position of receiving a submission in trust and High Sierra shall not be obligated
and
makes no commitment to treat or maintain as confidential such submissions.
- High Sierra shall have the right to retain any material submitted to it, to make copies
thereof
and to retain the same in its files.
- No obligation is assumed by High Sierra or may be implied by the receipt or examination of
the
submission unless or until a formal written agreement signed by High Sierra and by you, and then
High Sierra’s obligations shall be only as expressed in that written agreement.
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PRIVACY AND PERSONAL INFORMATION
- If you provide us with any personal information our Privacy Policy will govern how we will
use
or disclose that information. Please review and understand our Privacy Policy.
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PRICE MATCH POLICY
- Our price match policy is eligible online only at www.highsierra.com.au. You will receive a response from our Customer Care team within 1 business day.
- How to Request a Price Match:
a. Step 1: record the price, website URL, as well as a screenshot.
b. Step 2: reach out to our friendly Customer Care team either via Live Chat or via email at info.australia@samsonite.com with your record of the cheaper price, website URL and screenshot.
c. Step 3: we will verify the comparison and if eligible, you will receive a coupon code to match the price.
Note: in order for our team to remain as efficient as possible in our assessment of price matches, we will not accept price match requests via any other form of communication such as phone calls, voicemails, etc.
- What Determines a Successful Price Match?
Our Price Matching Policy applies to all identical new, factory sealed products, including colour, that are:
a. Available and in stock at www.highsierra.com.au, including products on promotion.
b. In stock with advertised prices in Australian dollars from authorised resellers.
c. Not excluded from Our Price Matching Policy (see below).
- What is excluded from Our Price Matching Policy?
a. Price matching applies to products only. We will not price match shipping fees.
b. In assessing a price, we disregard any advertising errors, cashback, coupon, or gift card promotions they may be offering.
c. Cannot be applied retrospectively.
d. Stock liquidations (i.e., fly out sale, clearance products or goods sold by a business placed into administration).
e. Verbal or written quotes.
f. ‘Gift with purchase’ items.
g. Second hand or used products.
h. Products offered through fraudulent websites.
i. We reserve the right to limit sales to reasonable retail quantities.
j. Some special Product Exclusions apply, click here for more information
High Sierra Australia reserves the right, at any time, to modify the inclusion and exclusion of products eligible for price matching, as appropriate. In case of dispute, High Sierra Australia’s decision shall be final.
Welcome Discount Terms And Conditions
Product Exclusions
Welcome coupon excludes Fly Out Sale, Clearance Products and shipping fees.
High Sierra Australia reserves the right, at any time, to modify or cancel the promotion and the
exclusion
of products on offer, as appropriate
SOCIAL COMPETITION T&C (AUSTRALIA ONLY)
These Terms and Conditions govern the Competition. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Any entry not complying with these Terms and Conditions is invalid.
Eligibility to Enter
1. Entry is open to Australian residents with a postal address in Australia.
2. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, partner, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
Promotional Period
3. Promotional Period as displayed on social platform.
How To Enter
4. To be eligible, entrants must follow Samsonite Australia on Instagram, and tag a friend.
5. In addition, entrants must perform any prescribed action(s) and/or meet any criteria as specified on the social platform to be eligible.
Winner & Publication Prize Giveaway
6. 1 (one) winner will be awarded the prize displayed at time of application on the social platform. The selection criteria or method shall be in accordance with that specified on the social platform.
7. The assessing of entry eligibility and selection of winner(s) will be performed at the completion of the Promotional Period.
8. The winner(s) will be contacted via direct message on Instagram or the winner’s email address or otherwise in writing as stipulated on the social media platform. Details for prize delivery will be confirmed with an email to the winners’ email address. Winner(s) will be announced within one week of completion of the Promotional Period.
9. Prize(s) will be delivered subject to capacity of Samsonite Australia supply chain, within a maximum period of 28 days.
10. Samsonite will arrange delivery to the postal addresses within Australia only (no PO box).
General
11. The Promoter’s decision is final and no correspondence will be entered into.
12. The Promoter reserves the right, at any time, to request for any identification documents to verify the validity of entries and entrants (including an entrant’s identity and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Processing of any personal information of entrants shall be subject to Samsonite Australia’s Privacy Policy [https://www.samsonite.com.au/privacy-policy.html]. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
13. Incomplete or indecipherable entries will be deemed invalid.
14. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
15. In the event of war, terrorism, state of emergency, epidemic, disaster or other unforeseeable and uncontrollable events, the Promoter reserves the right to cancel, terminate, modify or suspend the Competition or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
16. If for any reason a winner does not claim the prize (or an element of the prize) within one month after being notified or announcement of winner(s), the Promoter may select another winner in accordance with Clause 6 above, or the unclaimed prize (or that element of the prize) may be forfeited.
17. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
18. Total prize pool value is displayed on the social media platform.
19. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
20. The Promoter is not responsible for any fees or add-on expenses not included in the stated prize pack, including but not restricted to fees for accessing websites, stores, etc.
21. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter, according to Samsonite Australia’s Privacy Policy [https://www.samsonite.com.au/privacy-policy.html].
22. If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate.
23. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
24. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Competition.
25. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize and/or participation in any holiday prize.
26. As a condition of accepting a prize, each winner (and his/her/their companion, if applicable) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
27. The laws of the State of Victoria, Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
28. The Promoter is Samsonite Australia Pty Ltd. of 5 Anzed Court, Mulgrave, VIC 3170. Phone: 1800 331 690.