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Harvey Norman Online

Click and Collect App Terms of Use

1. About this App

1. This App is published by The eComm Store Pty Limited ACN 145 985 815 as trustee for The eComm Store No 2 Trust (trading as Harvey Norman Online) of A1 Richmond Road, Homebush West NSW 2140 (“us”, “our”, “we”, “Harvey Norman Online”).
2. Your use of this Click and Collect App (“App”) is subject to these terms of use (“Terms”). If you do not accept these Terms, you must refrain from using this App.

2. About Harvey Norman Online

1. Harvey Norman Online is an independent franchisee that has been granted a franchise by HN Online Franchisor Pty Ltd ACN 148 935 808 (“Franchisor”), and a limited licence by a related body corporate of the Franchisor to trade as “Harvey Norman Online”.

3. About Other Harvey Norman Franchisees

1. Each enterprise carrying on business under any name or style including the words "Harvey Norman" other than from the website is operated by an independent franchisee pursuant to a franchise granted by another related body corporate of the Franchisor ("Other Harvey Norman Franchisee"). Harvey Norman Online is not related to Other Harvey Norman Franchisees.
2. Harvey Norman Online does not make, or authorise any offer or representation that is specified as “available in store only” or otherwise is made by any Other Harvey Norman Franchisee and does not represent that any goods or services in this website will be offered by or available from any Other Harvey Norman Franchisee at the specified price, or at all.
3. Goods or services specified as “available in store only” may not be on display or available from each Other Harvey Norman Franchisee, and where the goods or services are available from an Other Harvey Norman Franchisee, the price for those goods or services may vary from the price shown in this website. Please call 1300 GO HARVEY (1300 464 278) before attending any Harvey Norman Complex to enquire whether an Other Harvey Norman Franchisee has the goods or services on display or available. Each Other Harvey Norman Franchisee has a Raincheck Policy.

4. Website Information

1. Each of the Franchisor, and each related body corporate of the Franchisor, does not publish, make, or authorise any offer or representation by this App and does not represent that any goods or services in this App will be offered by or available from any Other Harvey Norman Franchisee at the specified price, or at all, or otherwise sell any goods or services to consumers throughout Australia under the name or style including the words “Harvey Norman”.
2. Photographs are for illustrative purposes only and may vary from goods depicted or described.
3. Australian Made references in this App are only applicable to Furniture goods.
4. International visitors to this App should not rely on information contained in this website, including without limitation specifications or pricing. International orders are unable to be accepted.

5. App Content

1. Harvey Norman Online may, at any time, add or remove content from this App without notice.
2. Any articles, information or content published on this App must be read subject to these Terms.
3. Although Harvey Norman Online uses its best endeavours to confirm the accuracy of any information published on this App, you agree that Harvey Norman Online cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Harvey Norman Online or by manufacturers or suppliers changing product specifications without notice to Harvey Norman Online. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
4. The information, materials and services on this App are provided as a recommendation and for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
5. This App may feature or display third party advertising or content. By featuring or displaying such advertising or content, Harvey Norman Online does not in any way represent that Harvey Norman Online recommends or endorses the relevant advertiser, its products or services.
6. Harvey Norman Online nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold Harvey Norman Online liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
7. Harvey Norman Online may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Harvey Norman Online does not accept any responsibility in connection with your participation in activities conducted by any other party.

6. Your Use of the App

1. You agree to use this App only for purposes that are permitted by these Terms, any applicable law or regulation and/or generally accepted practices or guidelines.
2. You agree that you will not engage in any activity that interferes with or disrupts this App or the servers and networks that host this App. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this App or the content.
3. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
4. Harvey Norman Online may stop (temporarily or permanently) providing access to this App to you, or to guests or members generally, at its discretion and without prior notice to you.
5. Harvey Norman Online may in its sole discretion restrict your access to this App. If Harvey Norman Online does this, you may be prevented from accessing all or parts of the App, your account details or other content contained in your account. Harvey Norman Online will not be liable to you or any third party for doing so.
6. As electronic apps are subject to interruption or breakdown, access to this App is offered on an "as is" and "as available" basis only.
7. Harvey Norman Online may impose limits or restrictions on the use you may make of this App. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, Harvey Norman Online may withdraw this App, or change or remove App functionality at any time without notice to you.

7. Intellectual Property Rights

1. The “Harvey Norman” logos are registered trade marks of Harvey Norman Retailing Pty Limited and used under limited license by Harvey Norman Online.
2. You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this App, are owned by Harvey Norman Online, the Franchisor, or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use any of them.
3. Nothing contained on this App is to be interpreted as a recommendation to use any information on this App in a manner which infringes the intellectual property rights of any person. Harvey Norman Online makes no representations or warranties that your use of the information on this App will not infringe such intellectual property rights.
4. You may view this App and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or app or create derivative works from any part of this App or commercialise any information obtained from any part of this App without the prior written consent of Harvey Norman Online or, in the case of third party material, from the owner of the copyright in that material.
5. You may not modify or copy the layout or appearance of this App nor any computer software or code contained in this App, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this App.
6. If you correspond or otherwise communicate with Harvey Norman Online, you automatically grant to Harvey Norman Online an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Havrey Norman Online webiste and developing your ideas and suggestions for improved products.

8. Links to Other websites or apps

1. This App may contain links to other apps, websites, content or resources, which are owned or operated by third parties. These linked apps or websites are not under Harvey Norman Online’s control and Harvey Norman Online is not responsible for the operation, availability or contents of any linked app or website or any link contained in a linked app or website. Harvey Norman Online provides these links to you for convenience only and the inclusion of any link does not imply Harvey Norman’s endorsement of the linked app or website. You access linked apps or websites at your own risk. Subject to any non-excludable rights, Harvey Norman Online disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked apps or websites. You should carefully review the terms of use and privacy policies of all other party’s apps or websites that you visit and/or use.
2. Harvey Norman Online reserves the right to prevent third parties from linking to this App.

9. Secure Data and Transmissions

1. Given the nature of the internet, Harvey Norman Online cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Harvey Norman Online does not warrant that your access to the App will be uninterrupted, error free or that any defects will be corrected. Whilst Harvey Norman Online and its third parties take precautions to protect information, Harvey Norman Online does not warrant and cannot ensure the security of any content or information you transmit via the App. You therefore transmit to the App at your own risk. However, once Harvey Norman Online or its third party receives your transmission, Harvey Norman Online and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the App, please contact our Customer First Team immediately.
2. You must take your own precautions to ensure that the process which you use to access the App or any other app or website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Harvey Norman Online nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this App, any app or website or any linked website.

10. Cookies

1. Cookies may be used on this App to gather data in relation to this website and you consent to this (although you may be able to disable cookies via your device settings).

11. Use of Your Information and Material

1. Harvey Norman Online appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this App may be improved or materials which may be added to this App. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of Harvey Norman Online. Harvey Norman Online may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

12. Privacy Policy

1. Harvey Norman Online’s Privacy Policy available on the Harvey Norman Online website and explains how your personal information is collected and managed in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth).

13. Disclaimer

1. Each of the Franchisor, each related body corporate of the Franchisor and Harvey Norman Online make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this App or to its availability, functionality or performance, except as otherwise provided under any applicable law.
2. Each of the Franchisor, each related body corporate of the Franchisor and Harvey Norman Online do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this App or any linked app or website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this App. To the maximum extent permitted by law, each of the Franchisor, each related body corporate of the Franchisor and Harvey Norman Online disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this App or the information that it contains.
3. The use of the information on this App is at your own risk. To the extent permitted by law, each of the Franchisor, each related body corporate of the Franchisor Harvey Norman Online exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this App or provided through this App through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, each of the Franchisor, each related body corporate of the Franchisor and Harvey Norman Online limit their liability to the re-supply of the relevant information or services.
4. You agree to indemnify each of the Franchisor, each related body corporate of the Franchisor and Harvey Norman Online and other persons involved in the creation of this App from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this App, any information that you provide via this App or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

14. Governing Law and Jurisdiction

1. These Terms are governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect. If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Harvey Norman Online makes no representations that the content of this App complies with the laws of any country outside Australia.

15. General

1. These Terms may be amended at any time without notice and your access to this App may be terminated at any time without notice. Your continued use of this App following such amendment of these Terms will represent an agreement by you to be bound by the Terms as amended. Where your access to this App is terminated, all disclaimers and limitations of liability set out in these Terms will survive. Reference to “App” includes the whole or any part of the App including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content.

HN Online Click and Collect App Terms of Use Version 1.0 July 2016