The following terms constitute and Agreement between a user and Behind The Mask (The Shop). By accessing this site you are agreeing to these terms.
Welcome to Behind The Mask. The www.behindthemask.com.au website (The Site) is comprised of various web pages operated by The Shop and is offered to you conditional to your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Site is an E-commerce Site. We provide fancy dress costumes for hire and for sale to consumers (the "Service").
Visiting the Site or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communications be in writing.
If you use this site and create and/or activate a user account, you are responsible for maintaining confidentially of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Shop is not responsible for third party access to your account that results from theft or misappropriation of your account. The Shop and related entities reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
The Shop does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with the permission of a parent or guardian.
Please refer to our Returns and Cancellations policy here.
Links to third party sites/third party services
The Site may contain links to other websites (“Linked Sites”). The Links Sites are not under the control of The Shop and The Shop is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Shop is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Shop of the site or any association with its operators.
No unlawful or prohibited use/Intellectual Property
All content included as part of The Service, such as text, graphics, logos, images, as well as the compilations thereof, and any software used on The Site, is the property of The Shop or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on The Site. Your use of The Site does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Shop and the copyright owner. You agree that you do not acquire any ownership rights to any protected content. We do not grant you any licenses, express or implied, to the intellectual property of t The Shop or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by The Shop from our offices within Australia and is therefore subject to the laws of this country. If you access The Service from a location outside of Australia, you are responsible for compliance with all local laws. You agree that you will not use The Site in any manner prohibited by any applicable laws, restrictions or regulations of the country from which you are accessing The Site.
You agree to indemnify, defend, and hold harmless The Shop, its officers, directors, employees, agent and third parties, for the losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of your use of or inability to use The Site or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Shop reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Shop in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BEHIND THE MASK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BEHIND THE MASK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BEHIND THE MASK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Shop reserves the right, at its sole discretion, to terminate your access to The Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of NSW and you hereby consent to the exclusive jurisdiction and venue of courts in NSW in all disputes arising out of or relating to the use of The Site. Use of The Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment or agency relationship exists between you and The Shop as a result of this agreement or use of The Site. The Shop’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Shop’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of The Site or information provided to or gathered by The Shop with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Shop with respect to The Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or writing, between the user and The Shop with respect to The Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the expressed wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which The Site is offered. The most current version of the Terms will supersede all previous versions. The Shop encourages you to periodically review the Terms to stay informed of our updates.