Terms & Conditions
The website www.playactivecollection (Site) is operated by Play Active Collection (ABN 59141592610) (Play).
Your access and use of the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this documents and elsewhere on the Site (collectively, the Terms).
Play reserves the right to amend any part of the Terms at any time without prior notice. Your continued use of the Site after such changes constitutes your acceptance of the variations. You should visit this page periodically to review the Terms.
Your use of and/or continued access to the Site constitutes an agreement by you that you accept and agree to abide and be bound by the Terms as amended. If you object to any of the Terms, or any amendments, your only recourse is to immediately discontinue your use of the Site.
If you violate the Terms, Play may immediately terminate your right to use and access the Site.
2. Intellectual Property
The content of the Site, including all information, data, text, graphics, images, sound files, software, advertisements and other material (Content), is and remains at all times the property of Play and its licensors and is protected by Australian and international copyright law.
The Content must only be used in accordance with the Terms and any additional terms and conditions specified by the licensors of the Content. In particular, you must not:
- download, republish, retransmit, reproduce or otherwise use any item of the Content as a stand-alone file;
- modify or otherwise make derivative works of the Site or the Content;
- remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
- use any data mining, robots or similar data gathering or extraction methods; nor
- use the Site or the Content other than for its intended purpose.
All names, logos and trademarks are the property of Play. Nothing on the Site should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of Henne or the relevant contributor.
3. Use of Site
You must not use the Site in any manner or for any purpose that is unlawful, violates any right of Play, prohibited by the Terms or potentially detrimental to the image or reputation of Play. In particular, it is a condition of your use of and/or access to the Site that you do not do any of the following:
- disrupt or interfere with in any way the Site or the Content;
- disrupt or interfere with in any way any server, software, hardware or equipment, operated by Henne or third parties, that is connected to or via the Site;
- violate any applicable law, statute, ordinance or regulation;
- distribute through the Site (or send to email addresses listed on this Site) any inappropriate communication in any form, including obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material; or
- bypass any security mechanisms imposed by the Site.
Play reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any use of the Site.
If you register for an account on the Site, or place an order, you must:
- provide accurate, current and complete information as required;
- maintain the security of your login details and password; and
- maintain and update as necessary any information provided.
4. Hyperlinks
The Site may contain hyperlinks and other pointers to interested website operated by third parties (Linked Sites). Play does not sponsor or endorse the Linked Sites or Third Party Materials. The Linked Sites and Third Party Materials are not under the control of Play and Play is not responsible for the availability, accuracy, legality or decency of material or copyright compliance of the Linked Sites or Third Party Materials or any hyperlink contained in a Linked Site.
You link to any Linked Site, and use any Third Party Materials, entirely at your own risk and Play is in no way liable or responsible for any advertising, products or materials on or available from the Linked Sites or promoted by the Third Party Materials. You agree that you will not use any Third Party Materials in a manner that would infringe or violate the rights of any other party and that Henne is not in any way responsible for any such use by you.
5. Use and retention of data
Play’s Privacy Policy, which can be accessed on the Site, applies to all users and is incorporated into the Terms by reference. You should read our Privacy Policy before using any other feature of the Site.
Play reserves the right to change the Privacy Policy from time to time. Please visit the Site regularly and check our current Privacy Policy.
Play will not sell your information to any other customers or third parties.
6. Gift Cards and Credit notes
- Gift Cards & Credit Notes are valid for 3 year from date of purchase.
- Gift Cards & Credit Notes can be redeemed against all products on the Site.
- Gift Cards & Credit Notes are non-transferable, can only be used on the Site.
- Gift Cards & Credit Notes may not be returned or redeemed for cash.
- If your order total is less than the value of the Gift Card or Credit Note, the remaining balance will be available and can be redeemed against subsequent orders.
- All remaining balances exceeding the value of your gift credit or store credit must be paid via an alternate payment method.
- If you return products you have purchased using a Gift Card, the remaining balance will be credited to you as store credit and can be redeemed against subsequent
- Virtual Gift Cards will be e-mailed to the purchaser once the full order has been processed and payment has been taken.
- Play is not liable for delivery of a Virtual Gift Card or Credit Note to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
- Play is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
- Play reserves the right to cancel a Gift Card or Credit Note if we deem such action necessary.
- You cannot use any discount codes to purchase a Gift Card.
7. Promotional Codes
All promotion codes are non-transferable and there is no cash alternative. No more than one promotional code can be applied at checkout or to an order. They cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. Henne reserves the rights to cancel or refuse the usage of any promotional code at any time.
All promotional codes must be applied at checkout, and cannot be applied to any previous or retrospective orders or gift card purchases. We have the right to refuse use of any promotional code for any reason. The times of use will be outlined in the marketing material, the code cannot be used outside of this time.
8. Specific Promotions and Competitions
From time to time, Henne may run promotions or competitions on our Site or Social Media which are subject to both these Terms and any additional promotion-specific /competition-specific terms which are incorporated into these Terms by reference.
Promotions and competitions are open to residents within Australia, over the age of 18 years.
Promotion-specific and competition-specific terms may include conditions in respect of selected styles, brands, colours, collections, purchase periods, purchase methods, minimum spend requirements, bundle discounts, partner promotions, conditions of entry, games of chance or games of skill.
You should ensure that you read the specific conditions that apply to each promotion or competition. By proceeding to purchase you agree and accept the terms of the applicable promotion(s)/competition(s).
We also undertake joint promotions/competitions with third party partners from time to time. You should consult the terms of those programs for full details of such specific joint promotion/competition.
In entering our promotions or competitions you release Instagram from all responsibility and agree to Instagram’s Terms of Service.
9. Mobile Message Service
Henne may from time to time use a mobile message service, which you may opt-into by providing your mobile number to Henne via the Site.
Your use of the mobile service constitutes your agreement to these mobile service terms. We may modify or cancel the mobile phone service or any of its features without notice.
To the extent permitted by applicable law, we may also modify these mobile service terms at any time and your continued use of the service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the mobile message service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic mobile dialling system or other technology. Your consent to receive autodialled marketing text messages is not required as a condition of purchasing any goods or services.
If you have opted in, the mobile service can provide updates, alerts, promotions, specials, and other marketing offers from Play via text messages through your wireless provider to the mobile number you provided.
Play may use cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart or when you opt-in to receive information about back in stock items and this information is used to determine when to send messages via SMS.
Click the unsubscribe link in any text message to cancel at any time. You'll receive a one-time opt-out confirmation text message. For Service support or assistance, email hello@playactivecollection.com
10. Indemnity
You indemnify Play and their Personnel (Indemnified Persons) against:
- all losses incurred by the Indemnified Persons;
- all liabilities incurred by the Indemnified Persons; and
- all costs actually payable by the Indemnified Persons to their own legal representatives (whether or not under a costs agreement) and other expenses incurred by the Indemnified Persons in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal); arising directly or indirectly as a result of or in connection with:
- any third party claims against the Indemnified Persons arising from your use of or access to the Site;
- any breach or violation of the Terms by you.
11. Accuracy
Play endeavours to present the most recent, accurate and reliable information on our Site at all times. However there may be rare occasions when some of the information features, incomplete or inaccurate data.
Play makes every effort to display and inform you as accurately as possible on our product colours, sizes, cut, fit, make and general product descriptions.
In terms of colour display for our products; computer monitors, tablets and mobile devices’ resolution may vary and we cannot guarantee that your monitor’s display of any colour will be completely accurate.
In relation to varying sizes, cuts and shapes displayed via the images on the Site and featured on our models we cannot guarantee they will fit you exactly the same, as each individual body is different and treat each individual piece differently.
Play reserves the right to amend errors or to update product information at any time without notice. In the event any information about a product is incorrect (e.g. size, quality, material, price etc).
Play reserves the right to refuse or cancel any order placed for that incorrectly described item. In the event of such a refusal or cancellation of an order and your chosen payment method has been charged, Play shall issue a credit to that chosen payment method in the amount of the cancelled order.
12. Disclaimer
All Content is provided on an “as is” basis and Play and its Personnel do not warrant or make any representations about the correctness, accuracy, timelines, completeness, reliability, quality or otherwise of the Content.
The use of the Site and the Content is entirely at your own risk. Changes are periodically made to the Site and the Content and may be made at any time.
Play and its Personnel do not warrant that your access to the Site will be uninterrupted or that the Site will operate error free, that any defects will be corrected or that this Site and its servers are free of computer viruses and other harmful data, code, components or other material.
By accessing the Site, creating an account or placing an order through the Site you assume all associated risk, including but not limited to the risk to your computer, tablet, mobile device, software or data may be damaged by any virus or malicious bug transmitted by this website or any third party website.
By creating an account and becoming a member, you assume all responsibility for the security of your account. You agree to accept all responsibility for activities that occur under your account (e.g. orders placed by someone else using your account). Play reserves the right to terminate your account without notice at its discretion.
13. Limitation of Liability
To the fullest extent permitted by law Play, Play’s Personnel and any third parties mentioned on the Site are not liable for any loss or damage whatsoever (including without limitation, direct, indirect, incidental, special and/or consequential damages or lost profits) resulting from any use or access of, or any inability to use or access the Site.
14. Miscellaneous
Play is not liable, and any obligations it has are suspended, during the time and to the extent that Play is prevented from operating due to a circumstance beyond the reasonable control of Play including Force Majeure Events.
If any provision of the Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.
All rights not expressly granted in this document are reserved.
Play may licence, subcontract and/or assign all or any part of its rights and/or obligations under these Terms without your consent. You cannot licence, subcontract or assign without the written approval of Play.
The Terms are governed by and construed in accordance with the laws of Queensland, Australia. By accessing and using the Site, you agree to submit to the exclusive jurisdiction of the Courts of Queensland, Australia.
The information on this Site and the Terms has been prepared in accordance with Australian law, but may not satisfy the laws of other countries. If you reside in, or access this Site from, a country other than Australia (User Country), you acknowledge that:
- if the information and these Terms satisfy the laws of the User Country, then you are entitled to use and access the Site;
- if the information and these Terms do not satisfy the laws of the User Country, then this Site is not intended for your use and you are not entitled to rely on the information contained on this Site; and
- subject to above, you are responsible for compliance with the local laws of the User Country at all times when using the Site.
Last Updated: October 2022