Terms and Conditions
General
Afterpay, Zip Pay and Klarna
Payment methods Afterpay, Zip Pay and Klarna are available only when order value is over $150 (exclusive of shipping).
Limited Edition Collection
The products in the Limited Edition collection are produced in limited quantities and will be available only while stock lasts. We will not be restocking these items once they have sold out. The Limited Edition collection consist of the following products: Liberty Black Ltd Edt, Franklin Black Ltd Edt, Marlow Black Ltd Edt.
Each item in the Limited Edition collection is crafted with unique design elements, materials, or features that distinguish from our regular product line.
No discounts, promotional offers, or other offers are eligible for redemption towards the purchase of products within the Limited Edition collection. The pricing of these products is fixed and reflects their exclusivity and craftsmanship.
30-day return policy applies. If returning your shoes via post, the shoes and shoebox must be returned in the original external postage box to protect the product in transit. All accompanying materials must be returned.
Terms of Service
To view full Terms of Service, please click here.
Return Policy
To view our Return Policy, see here.
Discounts and Vouchers
Standard Discount Terms and Conditions
Discount codes, vouchers, and coupons are valid for the specified amount, specified usage period, and specified number of uses only. Expiry date will apply. See discount code/voucher/coupon for specific details.
Discount codes, vouchers, and coupons are valid for use online at frankie4.com and in-store at FRANKIE4 Concept Stores, unless otherwise specified.
Discount codes, vouchers, and coupons must be applied at the checkout, for offer to apply.
Discount codes, vouchers, and coupons cannot be redeemed in conjunction with any other offer, discount, or promotion.
Discount codes, vouchers, and coupons cannot be redeemed for cash or backdated on other purchases.
Discount codes, vouchers, and coupons are available on full-priced footwear only, excluding Limited Edition and Arch Peace collections (in some cases, discount codes, vouchers, and coupons are valid on selected products/range of styles only – this will be specified in the specific offer's Terms & Conditions). Cannot be redeemed on gift cards, shoelaces, or socks.
Unless otherwise stated, standard 30-day return policy applies.
Gift Cards
Gift Cards are available for purchase online at frankie4.com and in-store at FRANKIE4 Concept Stores. No discounts, offers, or other Gift Cards can be used when purchasing a Gift Card.
Gift Cards can be redeemed using the unique code, online at frankie4.com or in-store at FRANKIE4 Concept Stores. Gift Card is valid for 3 years from purchase, unique expiry listed on Gift Card.
Gift Cards remain valid until full value has been redeemed, or expiry date is reached (whichever comes first).
When an eligible order is returned for a refund to original payment method, if the original payment method is Gift Card, the refund will be processed back onto the original Gift Card.
Gift Cards are not redeemable for cash and are treated as currency; they cannot be replaced if lost or stolen.
Review Coupon
Below are the Terms & Conditions surrounding FRANKIE4's Product Review Coupon Offer. FRANKIE4 Footwear reserves the right to adjust these Terms & Conditions without prior notice.
One coupon ($25) will be issued per review. Review requests to online Customers are not guaranteed on all orders. Coupons are issued regardless of review content or star rating. Customers submitting reviews consent for these to be published on our website and to be used in our marketing. Coupon valid for use on full-price footwear only (excludes Limited Edition collection) and cannot be redeemed towards shoelaces, socks, or gift cards. Coupon valid for current available stock only. $25 Coupons will be sent to customers who wrote a review through the email sent to them. Coupons are valid for 60 days after the issue date. No extensions on coupon. Coupons are valid for one use. Not redeemable for cash or store credit. Coupons are not to be used in conjunction with any other discount, offer, or promotion. Maximum of 1 coupon valid per pair of shoes purchased. Multiple coupons cannot be redeemed on the same pair of shoes purchased. Coupons can be used online or in-store at our concept stores. Coupon codes must be entered at checkout online to be redeemed. Coupon code emails must be shown to staff when purchasing in store. Coupons are not valid to be used with our independent stockists. Coupon emails can be forwarded to friends and family as a gift. Coupon amount is not refundable in cash if purchased products are returned.
Updated Jul 2024.
Birthday Voucher
Discount is valid for use online at FRANKIE4.com and in-store at FRANKIE4 Concept Stores.
Discount is valid for $25 off full-priced footwear only (excludes Limited Edition collection) and cannot be redeemed towards shoelaces, socks, or gift cards.
Discount is valid for one use per customer and expires 30 days after date of issue.
Discount code must be applied at the checkout, for offer to apply.
Discount cannot be redeemed in conjunction with any other offer, discount, or promotion.
Discount cannot be redeemed for cash or backdated on other purchases.
Standard 30-day return policy applies.
Professionals Privilege Offer
Discount is valid for use online at frankie4.com and in-store at FRANKIE4 Concept Stores.
Discount is valid for 10% off full-priced footwear only (excludes Limited Edition collection) and cannot be redeemed towards shoelaces, socks, or gift cards.
Discount is valid for multiple uses per customer.
Discount code must be applied at the checkout, for offer to apply.
Discount cannot be redeemed in conjunction with any other offer, discount, or promotion.
Discount cannot be redeemed for cash or backdated on other purchases.
Standard 30-day return policy applies.
10% First-Purchase Offer
Discount is valid for use online at frankie4.com and in-store at FRANKIE4 Concept Stores.
Discount is valid for 10% off full-priced footwear only (excludes Limited Edition collection) and cannot be redeemed towards shoelaces, socks, or gift cards.
Discount is valid for one use per customer and expires 30 days after receiving the discount.
Discount code must be applied at the checkout, for offer to apply.
Discount cannot be redeemed in conjunction with any other offer, discount, or promotion.
Discount cannot be redeemed for cash or backdated on other purchases.
Standard 30-day return policy applies.
Look Good Feel Better $50 Voucher
Discount voucher is valid for $50 off full-priced footwear (excludes Limited Edition collection, shoelaces, socks, gift-cards).
Discount voucher is valid for one use only, and expires 31/12/2024.
Discount voucher is valid for use online at frankie4.com or in-store at FRANKIE4 Concept Stores (Australia).
Discount voucher must be applied at the checkout for offer to apply.
Discount voucher cannot be redeemed in conjunction with any other offer, discount, or promotion.
Discount voucher cannot be redeemed for cash or backdated on other purchases.
Standard 30-day return policy applies. If returning any product that was purchased on the order redeeming the Voucher, the value of the Voucher which was applied to the product being returned will be either:
(a) included in the return value for the product which is being returned for a direct exchange; and/or
(b) included in the return value for the product which is being returned for an exchange other than a direct exchange; and/or
(c) not included, and therefore void, in the return value for the product which is being returned for a store credit; and/or
(d) not included, and therefore void, in the return value for the product which is being returned for a refund.
Back To School—Educators Offer
Definitions:
Discount is valid from 12PM (AEST) Monday 6 January 2025 – 11.59PM (AEST) Monday 27 January 2025.
Discount is valid for use online at frankie4.com and in-store at FRANKIE4 Concept Stores.
Discount is valid for 15% off 1 or more pairs of full-priced footwear, or 20% off 2 or more pairs of full-priced footwear.
Discount is valid for multiple uses per customer.
Use of Discount:
Discount code must be applied at the checkout, for offer to apply. Onus is on customer to use the correct discount based on quantity of products in cart. 1 full-priced pair eligible for 15% off. 2 or more full-priced pairs eligible for 20% off.
Discount cannot be redeemed in conjunction with any other offer, discount, or promotion.
Discount cannot be redeemed for cash or backdated on other purchases.
Discount is available on full-priced footwear only and cannot be redeemed on gift cards, shoelaces, or socks.
Standard 30-day return policy applies.
Promotions
Upsell Offers at Checkout
Definitions
“We”, “Our” or “Us” means Frankie4 Holdings Pty Ltd, FrankieB Pty Ltd, trading as Frankie4, Brisbane QLD 4068.
“Customer” means any person who purchases goods from FRANKIE4 footwear.
“Promotion” means the offers available during the Promotion Period.
Promotion
This Promotion offers a curated range of discounted products at the checkout, available exclusively when a Customer purchases a full-priced style concurrently.
The styles offered within this Promotion are subject to change at any time at Our discretion.
The discounts of styles offered within this Promotion are subject to change at any time at Our discretion.
No backdating of previous styles or discounts is available.
Only the styles shown within this Promotion at the checkout are available within this Promotion. Discounts cannot be extended to other styles that are not shown in this Promotion.
The Promotion may be altered or withdrawn entirely at Our discretion without prior notice. The Promotion has no set end date and not available forever.
Return conditions apply to all purchases made under this promotion, as outlined in our Sale Items Return Policy.
This Promotion is not available in conjunction with any other offer, discount, or promotion.
We reserve the right to amend these Terms and Conditions at any time without prior notice.
$40 Voucher With Purchase
1.0 Definitions
"Terms" means these Terms and Conditions.
"Promotion" is the $40 Reward with Purchase Promotion, as outlined and in accordance with these Terms.
"Reward Voucher" and "Vouchers" is a $40 FRANKIE4 reward voucher in accordance with these Terms.
"Reward with Purchase" means the $40 reward voucher ("Voucher") received as outlined and in accordance with these Terms.
"Promoter" means Frankie4 Holdings Pty Ltd (ACN 634 783 529), and FrankieB Pty Ltd (ACN 144 790 321) collectively trading as Frankie4, Brisbane QLD 4068, Australia.
"Promotion Period" means the period from 8AM (AEST) Monday 2 December 2024 – 11:59PM (AEST) Sunday 15 December 2024.
“We”, “Our” and “FRANKIE4” means Frankie4 Holdings Pty Ltd (ACN 634 783 529), and FrankieB Pty Ltd (ACN 144 790 321) collectively trading as FRANKIE4, Brisbane QLD 4068, Australia.
"Customer" and "Customers" means any person who participates in the Promotion and/or is redeeming the "Reward Voucher".
2.0 Promotion Overview
The Promotion is organised by the Promoter and is eligible throughout the Promotion Period.
3.0 Promotion Period
The Promotion will run from 8AM (AEST) Monday 2 December 2024 – 11:59PM (AEST) Sunday 15 December 2024.
4.0 Eligibility
The Promotion is open to all those who:
(a) are residents of Australia; and
(b) are aged 18 years or over; and
(c) are opted-in to receive email marketing from FRANKIE4; and
(d) make a purchase including at least one (1) pair of full-price footwear in-store at any FRANKIE4 Concept Store (within Australia) or online (frankie4.com), during the Promotion Period; and
(e) have not already received a Voucher within this Promotion.
5.0 Reward Voucher with Purchase
Customers who make a purchase including at least one (1) pair of full-price footwear in-store at any FRANKIE4 Concept Store (Australia) or online at frankie4.com during the Promotion Period, and who are opted-in to receive email marketing from FRANKIE4 at the time of purchase, will receive a $40 reward voucher ("Voucher") valid on a future purchase. Maximum one (1) Reward Voucher per person, regardless of the number of eligible purchases made. Reward voucher will be awarded on the Customers first eligible purchase only. Multiple purchases during the Promotion Period will not result in multiple Vouchers.
6.0 Voucher Redemption
The Voucher can be forwarded to a friend or loved one for their use, or it can be redeemed by the Customer on their next eligible purchase.
The Voucher can be redeemed in-store at FRANKIE4 Concept Stores (Australia) or online at frankie4.com.
The Voucher is valid for one use only.
The Voucher is valid until 11:59PM (AEST) Friday 31 January 2025, after which it will expire and become void.
The Voucher is valid for $40 off full-priced footwear, and cannot be redeemed on the Limited Edition collection, sale items, gift cards, shoelaces, or socks.
The Voucher is not valid in conjunction with any other discount, and is not transferable for cash, refund, or any other form of credit.
Redemption of the Voucher does not alter the Return Policy in which the Customers purchases falls under. Return Policy is dependent on the price which the Customer is purchasing the product/s for, before the Voucher is applied to the product/s.
If the Customer is returning any product that was purchased on the order redeeming the Voucher, the value of the Voucher which was applied to the product being returned will be:
(a) included in the return value for the product which is being returned for a direct exchange; and/or
(b) not included, and therefore void, in the return value for the product which is being returned for an exchange other than a direct exchange; and/or
(c) not included, and therefore void, in the return value for the product which is being returned for a store credit; and/or
(d) not included, and therefore void, in the return value for the product which is being returned for a refund.
7.0 Privacy Policy
Any personal information collected as part of the Promotion will be handled in accordance with Our Privacy Policy.
8.0 General
8.1 Variations
We reserve the right (subject to state/territory regulations) to vary the terms of, or terminate, this Promotion at any time at Our absolute discretion (acting reasonably) without liability to any Customer or other person (subject to any rights a Participant may have at law). We will not award any Voucher if the Promotion is terminated for whatever reason.
8.2 Force Majeure
If the Promotion is not capable of being conducted, or not being conducted as planned, due to circumstances beyond Our control, including due to any technical or communications problems, We reserve the right to amend, suspend or cancel the Promotion subject to approval from any relevant authority, or to cancel or refuse any Customers benefit from the Promotion.
8.3 Dispute Resolution
(a) Neither party may commence court proceedings concerning any dispute between the parties arising out of or in relation to this agreement (“Dispute”), unless the party starting the proceedings has complied with this clause 8.3.
(b) A party claiming that a Dispute has arisen must notify the other party in writing, specifying the nature of the Dispute (“Dispute Notice”).
(c) Following the Dispute Notice being given, each party’s authorised representative must endeavour in good faith to resolve the Dispute within 14 days.
(d) If the Dispute is not resolved within 14 days of the Dispute Notice being given, the parties may commence court proceedings.
8.4 Governing Law
(a) These Terms are governed by the laws of Queensland, Australia.
(b) If a dispute arises regarding these Terms, the Promotion or the Voucher:
(i) the laws of Queensland will apply; and
(ii) each entrant submits to the exclusive jurisdiction of the courts of Queensland.
8.5 Severability
(a) A clause or part of a clause of this document that is illegal or unenforceable may be severed from this agreement and the remaining clauses or parts of the clause of this agreement continue in force.
(b) If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from this agreement in the relevant jurisdiction, but the rest of this agreement will not be affected.
8.6 Interpretation
In these Terms:
(a) unless expressly stated otherwise, a reference to '$' or 'dollar' is to Australian currency; and
(b) the meaning of any general language is not restricted by any accompanying example, and the words 'includes', 'including', 'such as', or 'for example' (or similar phrases) do not limit what else might be included.
Concept Stores—Spend and Save
Schedule
“We”, “Our” or “Us” means Frankie4 Holdings Pty Ltd (ACN 634 783 529), and FrankieB Pty Ltd (ACN 144 790 321) collectively trading as Frankie4, Brisbane QLD 4068, Australia.
“Customer” means any person who purchases goods from FRANKIE4 footwear.
“Promotion” means all sale offers available during the Offer Period.
“Promotion Period” is during Concept Store operating hours beginning Monday 2 December 2024, until further notice. The Promotion will remain available until We decide to conclude or modify the terms of the Promotion, at Our sole discretion, without prior notice.
"Eligible Order" is any single order (transaction) which consists of at least 2 pairs of footwear styles (excludes Limited Edition styles, shoelaces, socks, gift-cards), placed in-store at any FRANKIE4 Concept Store (Australia) during the Promotion Period.
"Terms" or "Terms and Conditions" means these Terms and Conditions. These Terms and Conditions will prevail to the extent of any inconsistency between these Terms and Conditions and any other published material. By participating in the Promotion, you accept these Terms and Conditions. Purchases not made in accordance with these Terms and Conditions will not be eligible for the Promotion.
Promotion Details
Customers who purchase any 2 pairs of full-price footwear (excludes Limited Edition styles, shoelaces, socks, gift-cards) in the same transaction, in-store at FRANKIE4 Concept Stores (Australia), will receive 20% off the RRP of the 2 pairs.
Customers who purchase any 3 or more pairs of full-price footwear (excludes Limited Edition styles, shoelaces, socks, gift-cards) in the same transaction, in-store at FRANKIE4 Concept Stores (Australia), will receive 30% off the RRP of the 3 or more pairs.
Discount will not be applied to any other products in the order, and will only be applied to full-price footwear (excluding Limited Edition styles) within an Eligible Order.
This Promotion is available in-store at FRANKIE4 Concept Stores (Australia) only, and is not available online or at independent stockists.
This Promotion is available on full-price footwear styles (excluding Limited Edition styles) that are available at the time of purchase. No rainchecks or backdating available for this Promotion.
Footwear styles purchased as a part of this offer may not be eligible for our standard return policy (see full T&Cs below).
The Promotion does not have a predetermined end date and may be withdrawn, modified, or extended at any time without notice.
FRANKIE4 reserves the right to terminate, extend, or modify the Promotion at any time without prior notice. Any changes to the Promotion will be posted within these Terms and will be effective immediately upon publication.
These Terms & Conditions comply with Australian Consumer Law
Return Policy
Styles discounted 20% off: Sales under this offer are eligible for a return as per our standard policy. Provided the shoes are returned within 30 days in their as new and unworn condition, a return is eligible for an exchange, store credit, or refund. A return shipping fee or exchange shipping fee may apply.
Styles discounted 30% off: Sales under this offer are not eligible for a refund. Provided the shoes are returned within 30 days in their as new and unworn condition, a return is eligible for a size exchange (same style/colour, pending stock availability) or a store credit of price paid. A return shipping fee or exchange shipping fee may apply.
Stock Availability
All offers during the Promotion Period are available while stocks last. We are unable to hold stock aside during the Promotion Period. No rainchecks or backdating available for this Promotion.
Win The Ultimate Back To School Package
Schedule
Item 1. Promoter: FrankieB Pty Ltd, ACN 144 790 321, 1/1 Swann Road Taringa QLD 4068, info@frankie4.com.au, https://frankie4.com/, Instagram: @frankie4footwear, https://www.facebook.com/frankie4.footwear/
Item 2. Promotion Partners:
- Naked Harvest Supplements (ACN 645 616 557, ABN 45 634 027 473) of 37 Alex Fischer Drive, Burleigh Heads QLD 4220.
- ELA AND EARTH PTY LTD (ABN 20 632 604 132) of 1/36 Machinery Drive, Tweed Heads South, NSW 2486.
- MIKI BEE PTY LTD (MIKIBEADS) ABN 21 683 202 860 of PO BOX 3055 Caroline Springs VIC 3023
- Steph Pase Planners (ABN 18 634 221 757) of PO Box 264, Albion Park NSW 2527.
- Tea Too Pty Ltd (T2 Tea) (ABN 61 072 399 529) of 32 Gipps street Collingwood Vic 3066
Item 3. Competition: FRANKIE4 Back To School Teachers Giveaway
Item 4. Competition Period: The Competition commences at 4pm (AEST) on Monday 6 January 2025 and ends at 11:59pm (AEST) on Sunday 12 January 2025.
Item 5. Age Restriction: 18 years and over.
Item 6. Eligible Entrants: Entry is open to Australian residents who:
a) Meet the Age Restriction; and
b) Are not directors, management or employees of the Promoter or Promotion Partners and any of their related entities; and
c) Are not immediate family members of directors, management or employees of the Promoter or Promotion Partners and any of their related entities; and
d) Are able to truthfully and accurately complete all sections of the entry form including the ‘School’ or ‘Workplace’ they teach at.
Item 7. Maximum Number of Entries: Eleven (11) per person, consisting of one (1) form entry plus nine (10) referral entries.
Item 8. Entry Method: During the Competition Period, visit https://frankie4.com/pages/back-to-school-giveaway and complete the online entry form in its entirety, including full name, email address, school / workplace, birthday, mobile number, and acceptance of the Terms and Conditions.
Item 9. Notification: Winners will be notified by email within 2 days. Winners will have 3 months to claim the Prize.
Item 10. Prize: 1 x ‘Ultimate Teachers Pack for Back to School’ valued at $2750. The ‘Ultimate Teachers Pack for Back to School’ consists of: 1 x $500 FRANKIE4 Gift Voucher (valid until 13/01/2028), 1 x $500 Naked Harvest Gift Voucher (valid until 13/01/2028), 1 x $500 Ela & Earth Gift Voucher (valid until 13/01/2028), 1 x $250 Miki Beads Gift Voucher (valid until 13/01/2028), 1 x $500 Steph Pase Planners Gift Voucher (valid until 13/01/2028), and $500 worth of T2 product.
Item 11. Prize Draw: One (1) draw drawn at random by the Promoter at Office 1/1 Swann Road, Taringa QLD 4068, with one (1) Winner per draw. The Winner will be the first valid entry drawn.
Item 12. Draw Date: 9am (AEST) on Monday 13 January 2025.
Item 13. Unclaimed Prize Draw: If a Prize remains unclaimed 3 months after the Draw Date, an unclaimed Prize Draw will be held at Office 1/1 Swann Road, Taringa QLD 4068, at 9am (AEST) on Monday 14 April 2025, subject to the approval of any necessary regulatory authority. The Winners of the Unclaimed Prize Draw will be notified in the same manner as set out in Item 9.
Terms and Conditions
1. Agreement
1.1 General
a) These Terms of Entry (Terms), comprising the Schedule and these Terms and Conditions:
i) apply to the Competition being run by the Promoter; and
ii) form the basis of the legally binding agreement between you (you, entrant) and the Promoter.
b) By entering this Competition, you acknowledge that you have read and understood these Terms, and you agree to be bound by these Terms. If you do not agree to these Terms, you must not enter the Competition.
c) Not withstanding anything in these Terms, the Promoter may in its absolute discretion:
i) refuse to award any Prize to an entrant who fails or is unable to comply with these Terms; and
ii) make reasonable amendments to any aspect of the Competition or the Terms of Entry from time to time, subject to applicable laws.
2. Competition Details
2.1 Who can enter
a) Entry to the Competition is open to Eligible Entrants, who may submit up to the Maximum Number of Entries during the Competition Period. Entries received after the Competition Period will be deemed ineligible.
b) To confirm your eligibility, the Promoter may request you to provide verification information or documents, including (but not limited to) proof of identity, proof of age, proof of residency and verification of your social media profile. In the even that you cannot provide the requested documents, you may be deemed to be ineligible for the Competition.
c) Entry into the Competition is free. However, you may need to pay for internet access to submit your entry.
2.2 How to enter
a) To enter the Competition, you must follow the Entry Method and enter the Competition in your own name. No other form of entry is permitted.
b) Once an entry is submitted, you acknowledge that the entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).
c) Entries will be accepted at the discretion of the Promoter, who will exercise its judgement in ruling on questions of eligibility. The ruling of the Promoter on questions of eligibility will be final, and no further correspondence will be entered into.
d) The Promoter accepts no responsibility for late, lost or misdirected entries of other communications. Entries will be deemed void if they are found to be illegitimate, forged, manipulated or tampered with in any way.
3. Prize
a) The Prizes is specified at Item 10.
b) If the Prize is unavailable for whatever reason, the Promoter reserves the right to substitute the Prize for a prize of the same values (the Prize total will not exceed $2750AUD).
c) All taxes (excluding GST) which may be payable as a consequence of receiving the Prize, are the sole responsibility of the Winner.
d) If you wish to transfer the Prize to another person, please contact us using the contact details in the Schedule.
4. Prize Draw
a) All valid entries will be included in the Prize Draw.
b) The winning Eligible Entrant of each Prize Draw (Winner) will win the Prize for that Prize Draw.
c) Each Winner will be notified in accordance with the Notification specified in the Schedule.
d) The Promoter will make reasonable efforts to identify and locate the Winners. However, if any Prize remains unclaimed within 3 months after the Prize Draw Date, the Promoter will hold an Unclaimed Prize Draw.
5. Use of personal information
a) The Promoter collects personal information from each entrant to conduct and promote the Competition (Permitted Purpose) and may for this purpose:
i) send electronic messages to or telephone the Winner;
ii) disclose such information to Australian regulatory authorities as required;
iii) disclose such information to State and Territory lottery departments or authorities as required;
iv) publish a Winner’s personal information on any media as required under the relevant lottery legislation; and
v) promote, publicise and market the Competition and the Promoter’s business.
b) Types of personal information collected include your:
i) name;
ii) email address;
iii) mobile number;
iv) birthday;
v) likeness and image.
If you need to access, change or update your personal information, you can contact us via the details in the Schedule.
c) You consent to the Promoter using your name, likeness, image or voice (or a combination of these) in the event you are a Winner in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting this Competition (including any outcome) and/or promoting any products manufactured, distributed or supplied (or both) by the Promoter.
d) If you do not agree to your personal information being collected and used for the Permitted Purpose, you cannot participate in the Competition.
e) For further information about how the Promoter handles personal information, please see the Promoter’s privacy policy located at https://frankie4.com/pages/terms-privacy-policy.
b) For further information about how the Promotion Partners handle personal information, please see Naked Harvest Supplements’ Privacy Policy located at https://www.nakedharvestsupplements.com/pages/privacy-policy, ELA AND EARTH PTY LTD’s Privacy Policy located at https://elaandearth.com.au/pages/privacy-policy, MIKIBEADS’ Privacy Policy located at https://www.mikibeads.com.au/policies/privacy-policy, Steph Pase Planners’ Privacy Policy located at https://www.stephpaseplanners.com.au/pages/privacy-policy, and Tea Too Pty Ltd’s Privacy Policy located at https://www.t2tea.com/en/au/customer-service/privacy-security/privacy-policy.html.
6. Liability
a) Winners may have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the extent that it is permitted to do so by law, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Competition, including, without limitation:
i) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
ii) any theft, unauthorised access, or third party interference;
iii) 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;
iv) issues with communications networks or internet services, whether due to traffic congestion, technical malfunction or otherwise;
v) any variation in Prize value to that stated in these Terms, where such variation is outside the reasonable control of the Promoter;
vi) any tax liability incurred by a Winner or entrant; or
vii) use of the Prize by a Winner, or any condition imposed on use of the Prize by any third party.
b) Subject to clauses 6(a) and 6(b), any liability of the Promoter in connection with the Competition or accepting or using any Prize is limited to an amount equal to the value of one Prize offered in the Competition.
7. Dispute Resolution
a) Neither party may commence court proceedings concerning any dispute between the parties arising out of or in relation to this agreement (Dispute), unless the party starting the proceedings has complied with this clause 7.
b) A party claiming that a Dispute has arisen must notify the other party in writing, specifying the nature of the dispute (Dispute Notice).
c) Following the Dispute Notice being given, each party’s authorised representative must endeavour in good faith to resolve the dispute within 14 days.
d) If the Dispute is not resolved within 14 days of the Dispute Notice being given, the parties may commence court proceedings.
8. General
8.1 Governing Law
These Terms are governed by the laws of Queensland, Australia. Each entrant submits to the exclusive jurisdiction of the courts of Queensland, Australia.
8.2 Force Majeure
If for any reason this Competition is not capable of running as planned (whether caused by epidemic, pandemic, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war or terrorism, infection by computer virus, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Competition), the Promoter reserves the right in its sole discretion and subject to any written direction given by a relevant regulatory authority, to cancel, terminate, modify or suspend the Competition, invalidate any affected entries, or provide an alternative prize to the same value as the original Prize, and no compensation will be payable to any Eligible Entrant.
8.3 Severability
a) A clause or part of a clause of this document that is illegal or unenforceable may be severed from this agreement and the remaining clauses or parts of the clause of this agreement continue in force.
b) If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from this agreement in the relevant jurisdiction, but the rest of this agreement will not be affected.
8.4 No waiver
Failure by the Promoter to enforce any of its rights under these Terms does not constitute a waiver of those rights.
8.5 Interpretation
In these Terms:
a) terms defined in the Schedule have that meaning;
b) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
c) a reference to a document or agreement (including a reference to this agreement) is to that document or agreement as amended, supplemented, varied or replaced;
d) unless expressly stated otherwise, a reference to '$' or 'dollar' is to Australian currency; and
e) the meaning of any general language is not restricted by any accompanying example, and the words 'includes', 'including', 'such as', or 'for example' (or similar phrases) do not limit what else might be included.