1.1 Operation and Web Site Use

1. The Web Site is owned and operated by Tontine, a division of Pacific Brands Clothing Pty Ltd under the domain name 'www.tontine.com.au'.
2. These terms and conditions govern Your use of the Web Site. By accessing any of the Web Site You agree to observe these terms and conditions.
3. While Tontine has made every effort to ensure that information is free from error, Tontine cannot accept any responsibility for any errors or omissions in the information on the Web Site.
4. Tontine does not guarantee that the Web Site or Third Party Web Sites will be free from viruses, or that access to the Web Site or Third Party Web Sites will be uninterrupted.

1.2 Variation in terms and conditions

1. These are the current terms and conditions. They replace any other terms and conditions for the Web Site published on the Web Site to date.
2. Tontine may at any time vary the terms and conditions by publishing the varied terms and conditions on the   Web Site.
3. You are responsible for informing yourself of any changes to these terms and conditions. You accept that by accessing the Web Site after any variation of the terms and conditions, You are deemed to have agreed to comply with the varied terms and conditions.

1.3 Tontine Products

1. Material on the Web Site may contain general information about Tontine products. Unless expressly stated otherwise, this information:
   1.  does not constitute an offer or inducement to enter into a legally binding contract; and
   2.  does not form part of the terms and conditions for sale of Tontine products.

1.4 Copyright and Trade Marks

1. The Web Site and all material provided on the Web Site is owned or licensed by Tontine, including the "look" and "feel" of the Web Site, the colour combinations, layout and all graphical elements.
2. Except where necessary for viewing the material on this Web Site on Your browser for personal, non-commercial use, or as permitted under the Copyright Act 1968 or other applicable laws or these terms and conditions, nothing on the Web Site may be used, including reproduced, adapted, modified, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Tontine.
3. Various trade marks displayed on the Web Site are owned by Tontine. These include Tontine, Doona, Breathe Easy, Bioguard, Comfortech, Dry Sleep, Good Night, Pillow Talk, Sleep Health, Luxe, Venus & Mars and Sleep Tight. Other product and company names mentioned on the Web Site may be the trade marks of other people or entities. These trade marks should not be used without the prior consent of the owner.
4. If You believe You own the copyright in any work and that work is displayed on the Web Site without Your permission, please contact Tontine and the matter will be investigated.

1.5 Third Party Web Sites

1. The Web Site may contain links to Third Party Web Sites. Tontine does not endorse, or approve of the operators of Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites.
2. Subject to any applicable law, which cannot be excluded, Tontine makes no warranties or representations:
3. regarding the quality, accuracy, merchantability or fitness for purpose of material, products or services available through Third Party Web Sites; or
4. that material appearing on Third Party Web Sites does not infringe the intellectual property rights of any person. Tontine is not authorising the reproduction of material appearing on Third Party Web Sites by linking the Web Site to Third Party Web Sites.
5. When You follow a link on the Web Site, material at a Third Party Web Site may be displayed in Your browser framed by the Web Site. This material is third party material for the purpose of these terms and conditions.

1.6 Links to the Web Site

You need to obtain Tontine’s permission before creating a link to the Web Site. Please contact Tontine if You would like to link to the Web Site.

1.7 Indemnity

Subject to clause 1.8, You hereby agree to indemnify and hold Tontine free from any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Your use of the Web Site and/or Your breach of these terms and conditions.

1.8 Limitation of Liability

1. Subject to any responsibilities implied by law and which cannot be excluded, Tontine is not liable to You for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Your use of the Web Site or Your use of Third Party Web Sites linked to the Web Site, whether in contract, tort including negligence, statute or otherwise.  This limitation applies to direct, indirect, consequential, special, punitive or other damages You or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.
2. Liability of Tontine for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Tontine' option, to:
   1.  the supply of the information, goods or services again;
   2.  the repair of the goods; or
   3. the payment of the cost of having the goods or services supplied again or repaired.
3. All other implied conditions, warranties or rights howsoever arising, are excluded. In particular, Tontine does not warrant the operation of the Web Site or the server which stores and transmits the Web Site is free from viruses or harmful components.

1.9 Jurisdiction

1. These terms and conditions are to be governed by and construed in accordance with the laws of the State of Victoria, Australia.
2. Recognising the global nature of the Internet, You irrevocably submit to the jurisdiction of the courts of the State of Victoria, Australia.

1.10 Termination

1. These terms and conditions (and the agreement constituted by Your use of the Web Site) and Your access to the Web Site may be terminated at any time by Tontine without notice.
2. All licences granted by You and all disclaimers and limitations of liability by Tontine in these terms and conditions will survive termination, however, You will no longer be authorised to access the Web Site.