Terms of Use

Application of these Terms of Use

www.crest.com.au (Site) is owned and operated by Olbertz Holdings Pty Ltd (ACN 010 003 933) as trustee (ABN 31 260 452 208) trading as “The Crest Company” (Crest, we, our, us).

The Crest Company provides the Site as a venue for members of the public to access information about products that are offered for sale by The Crest Company (Products) through Retail Channels.

The use of this Site is governed by these terms and conditions and the privacy policy accessible on the Site (Terms of Use). Please read the Terms of Use carefully. Your use of this Site indicates your acceptance of the Terms of Use

You (User, you, your) indicate your acceptance of these Terms of Use by:

  1. accessing the Site;
  2. using the Site; and/or
  3. placing an order for Products using the Site.

These Terms of Use shall supersede any subsequent terms or conditions included by you with any purchase order for Products (including any Products ordered using the Site), whether or not your terms or conditions are signed by Crest.

Variation of these Terms of Use

The Crest Company reserves the right to make changes to this Site and these Terms of Use at any time. If we change these Terms of Use we will publish an updated version under the ‘Terms of Use’ link on the Site. Your access or use of the Site after an updated version of these Terms of Use has been made available on the Site indicates your acceptance of the Terms of Use as changed by us.

Your Content

The Site may provide you with the ability to upload and publish materials including text, images, information, comments and other data (whether via email, comment, post, blog, enquiry or by any other means) to or through the Site (Content). You retain ownership of any Content you upload and publish (Your Content). Other Users retain ownership of any Content they upload and publish (User Content).

Responsibility for Your Content

You acknowledge and agree that:

(a) you create and provide us with Your Content at your own risk;

(b) you are personally responsible and liable for Your Content;

(c) you are not entitled to any payment from us in respect of Your Content or our use of it;

(d) we are not obliged to use, maintain or display Your Content on the Site;

(e) Your Content does not contain any confidential information and may be seen by others; and

(f) we may use Your Content to publicise and promote us and the Site.

Prohibitions on Your Content

Your Content must not include anything which:

(a) you do not have the right to disclose or make available under law or an obligation you have to a third party (such as confidentiality agreements); or

(b) reveals your or another person’s identity or sensitive information, such as names, email addresses, phone numbers or addresses; or

(c) infringes or can possibly infringe rights, including intellectual property rights (such as copyrights and trademarks of others); or

(d) is or can be taken by any others as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral or otherwise offensive or illegal or prohibited by any law.

Our use of Your Content

By submitting Your Content through the Site, you grant us (our successors and our related bodies corporate, partners and their successors) a royalty-free, irrevocable, non-exclusive licence to use, reproduce, modify, distribute, broadcast, sublicense and/or otherwise exploit part or all of Your Content in any medium (including but not limited to the Site), by any means and for any purpose (including commercial purposes), and to authorise others to do so.

You acknowledge and agree that we, our successors, assignees and licensees may do or omit to do anything to Your Content which may infringe your moral rights in Your Content, including editing, altering and reproducing Your Content in any manner or context, in perpetuity throughout the world.

Monitoring, modification and removal of Content

We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with Your Content or User Content including without limitation any comments, opinions or statements submitted, uploaded or otherwise posted on the Site. We reserve the right, but have no obligation to, amend, supplement, delete or update Our Content (defined below), Your Content or User Content, without notice to you and at our sole discretion. However, if we become aware of any defamatory, misleading, false, offensive or otherwise illegal material (including in Your Content), we may remove such material without notice to you.

Interactions with other Users

You acknowledge that it is possible that other Users may not comply with these Terms of Use, and could post Content which breaches our Terms of Use.

You should be careful when communicating with and interacting with other Users of the Site.

You agree to indemnify and hold us harmless in connection with any actions of any other User and any dispute or claim that you may make against any other User, irrespective of that action, dispute or claim relating to the use of the Site.

No illegal use

You must not use the Site in any manner or for any purpose which is illegal or prohibited by any laws.

Our Content

You acknowledge that all materials displayed on the Site, including without limitation, all text, graphics, advertisements, names, logos, trademarks, applications and software (whether registered or not) (Our Content) are our property or the property of their respective owners (including our licensors and other Users) and are protected by copyright, trademark and other intellectual property laws.

You may use Our Content for your personal, non-commercial purposes, including for the purpose of obtaining information about Products using this Site. Except where the law expressly permits, you may not otherwise in any form or by any means, use, reproduce, modify, distribute, post, transmit, distribute, publish or create derivative works from, or use for any commercial purpose, any part of Our Content.

To the extent permitted by law, we make no representations or warranties about the accuracy, completeness, security or currency of Our Content or User Content and have no liability to you for your use or reliance on Our Content or User Content.

Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

All rights not expressly granted herein are reserved.

Outbound links

The Site may contain links to third party websites, including social media sites, which in turn may contain hyperlinks to further third party websites (collectively Linked Sites). Access to Linked Sites is provided for convenience only and you are responsible for evaluating whether you want to use a Linked Site.

You acknowledge that:

(a) when accessing and using any Linked Sites, you will be subject to their terms and conditions of use;

(b) we do not control or endorse and we are not responsible for any features, content, Products or other materials on or available from a Linked Site;

(c) we are not a party to your relationship with the owners or operators of a Linked Site;

(d) any rights, claims or actions you may have in respect of a Linked Site may only be brought directly against the owners or operators of the Linked Site; and

(e) we may receive payments and/or commissions from owners or operators of Linked Sites and you will not have any claims, benefits or rights on these payments.

Liability and indemnity

To the extent the law permits, neither we, nor our directors, officers, agents, employees or contractors are liable to you and you indemnify and hold us harmless in respect of any and all claims, loss or damage, however, arising (whether in negligence or otherwise) in connection with:

(a) your failure to comply with these Terms of Use;

(b) your use, misuse or reliance on the Site, Our Content or User Content;

(c) Your Content, including its use, misuse or misappropriation;

(d) your use, misuse or reliance on Linked Sites; or

(e) any acts or omissions by you.

Site Disclaimers

Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL). If you have rights under the ACL in respect of the Site, including rights arising from any statutory guarantee, nothing in these Terms of Use operates to exclude them. Subject to the preceding sentence, you acknowledge that your use of the Site, Our Content, Your Content, User Content and Linked Sites, is entirely at your own risk and are provided without warranty, either express or implied.

We do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Site. Although reasonable precautions have been taken, we do not guarantee that access to the Site will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Site.

Privacy

You may be asked to input information about yourself on different areas of the Site. If so, we will only use that information in accordance with our Privacy Policy.

Termination

We may terminate your access to the Site (or any part of it) at any time without reason and without notice. These Terms of Use survive any such termination.

Force Majeure

The Crest Company will not be liable for any delay in performing any of its obligations if such delay is caused by circumstances beyond its reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

Transfer and Assignment

If The Crest Company merges with, sells to or otherwise changes control of its business or this Site in favour of a third-party, The Crest Company reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that The Crest Company has collected from you and any agreements it has made with you in connection with your use of the Site (including the order of any Products using the Site).

Severability

If any part of these terms (including the Terms of Use) are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and The Crest Company.

Waiver

The failure by The Crest Company to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by The Crest Company.

Jurisdiction

These Terms of Use are governed by the laws in force in Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts in that place.

If you access this Site in a jurisdiction other than Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. The Crest Company makes no representations that the content of the Site complies with the laws of any country outside Australia.