Terms Of Service

1. General

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service"). By using the Services, you agree to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

2. Privacy Policy

These Terms of Service incorporate our privacy policy, which sets out how we will use your information, and can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

3. Prohibitions

You must not misuse this Website. You will not:

  • Commit or encourage a criminal offence;
  • Transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  • Hack into any aspect of the Service;
  • Corrupt data;
  • Cause annoyance to other users;
  • Infringe upon the rights of any other person's proprietary rights;
  • Send any unsolicited advertising or promotional material, commonly referred to as "spam";
  • Attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

4. Intellectual Property, Software, and Content

The intellectual property rights in all software and content, including the Prevani brands and all other trademarks, trade names, and logos made available to you on or through this Website, remain the property of Prevani or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Prevani and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.

5. Terms of Sale

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability, and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure, for which we will not be responsible.

In order to contract with Prevani, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Prevani retains the right to refuse any request made by you.

Our Contract

When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

Pricing and Availability

Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies, or out-of-date information regarding pricing, shipping, payment terms, or return policies.

Payment

Our website accepts payments using Visa, MasterCard, Amex, PayPal, and a number of other 3rd party payment systems. Once your payment method has been validated, upon clicking “PLACE ORDER” (or similar text) we will debit your nominated form of payment immediately for the full order amount. 

Discount Codes

Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website. The conditions of use relating to any discount code will be specified at the time of issue.

6. Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law, Prevani and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance, or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Prevani’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

7. Linking to This Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

8. Links from Other Websites

If we link to other websites, we take no responsibility for the content of, and make no representations as to the accuracy of, any third-party websites we may link to from this Website.

9. Indemnity

You agree to indemnify, defend and hold harmless Prevani, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

10. Variation

Prevani shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

11. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please if you have any complaints or comments at info@prevani.com.au.

12. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

13. Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of New South Wales, Australia, and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of New South Wales, Australia.

14. Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Prevani. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Prevani.

 

Promotion Terms and Conditions

Terms & Conditions

  1. For the purpose of these Terms and Conditions, the promoter is Prevani Pty Ltd ACN 674 181 161 of 4/23 Underwood Avenue, Botany NSW 2019 (“Promoter”).
  2. The Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram.
  3. Entry is open to Australia and New Zealand residents who are 18 years or older and living in Australia or New Zealand (“Entrant”). The entrant must agree to the terms and conditions prior to receiving the prize.
  4. The Competition commences at 9am AEST on 10th of September 2024 and ends at 5pm AEST on 18 September 2024. (“Competition Period”) Entries received outside of the Competition Period will not be accepted by the Promoter and will be deemed to be invalid.

How to enter

  1. To enter, the Entrant must follow the @weareprevani Instagram page, like the Instagram post and comment by tagging two friends in the competition photo.
  2. The Entrant may only enter once during the Competition Period, receiving one Entry provided they meet each of the criteria in Item 5 above.
  3. When requested via Instagram comment or direct message from the @weareprevani Instagram account, the Entrant must confirm acceptance of these Terms and Conditions before their Entry is eligible for the prize draw.
  4. This Competition is a game of chance and skill plays no part in determining each Winner.
  5. A total of 20 Winning Entries will be selected over the duration of the Competition Period.
  6. Prize draws will be conducted at the Promoters head office at 4/23 Underwood Avenue, Botany NSW 2019 using a random number generator at https://www.randomdraws.com.au/(or similar) on 18 September 2024 (the “Draw Date”).
  7. The Draw Date will draw twenty (20) Entrants (each a “Winner”) who receive: one pair of Prevani socks (the style and colour of the Prevani sock chosen by Prevani in its absolute discretion) valued at $20 AUD.
  8. The Promoter reserves the right to substitute any component of the prize if such component becomes unavailable for any reason.
  9. The Prize will only be valid and able to be redeemed within 3 years from the date of the Prize being issued, as specified on the gift card/voucher and may only be redeemed in accordance with the Promoters standard terms and conditions relating to gift cards/vouchers, available at https://www.prevani.com.au/pages/terms-of-service. Once awarded, the Promoter is not liable for any gift card/voucher that has been lost, stolen, forged, damaged or tampered with in any way.
  10. The total prize pool is valued at AUD $400.
  11. The Winner will be notified via direct message on Instagram from the @prevanisocks account by 5:00pm AEST on the Draw Date after their Winning Entry is drawn and their name and state will be posted https://www.prevani.com.au/pages/terms-of-service. They will be directed to reply to that message with the any details required to deliver the Prize. Each Winners details (last name, first initial and postcode) will be published at https://www.prevani.com.au/pages/terms-of-service within 30 days of each prize draw date.
  12. The Prize will be available for collection on 19th of September 2024 or otherwise delivered to the Winner within two weeks of receiving their details, provided the Winner is a Prevani member (i.e., signed up to the Prevani mailing list).
  13. The Promoter will take no responsibility if a Winner's details are incorrect or incomplete and the Winner cannot be contacted.
  14. The Promoter reserves the right to appoint a new winner if any Winner cannot be contacted within two weeks of a draw or if the Prize cannot be redeemed by any Winner. The Promoter will conduct one unclaimed prize draw at the conclusion of the Competition, for any unclaimed prizes for the duration of the Competition. The unclaimed prize draw (of the eligible Entries in each original draw) will take place in the same manner and at the same premises (at the Promoters head office at 4/23 Underwood Avenue, Botany NSW 2019) as each initial draw on 18th of September 2024. Any Winners of the unclaimed prize draw will be contacted within seven (7) days and the Prize will be delivered in the same manner as each original draw. Each Winners details (last name, first initial and postcode) will be published at https://www.prevani.com.au/pages/terms-of-service within 30 days of the unclaimed prize draw. In the event that any Winner of the unclaimed prize draw cannot be contacted within two weeks or if the Prize cannot be redeemed by a Winner of the unclaimed prize draw, that Winner will be deemed to have forfeited the Prize.
  15. All Prize draws are final and no correspondence will be entered into.
  16. The Prize is not transferable and is not redeemable for cash. The Prize must be taken as stated and no compensation will be paid if a Winner is unable to use the Prize. In the event that the Prize becomes unavailable for reasons beyond the Promoters control, the Promoter may substitute a Prize of equal or greater value.