Terms and Conditions

IMPORTANT NOTE TO BUYER:

These are the terms and conditions upon which The Workwear Group Pty Ltd ABN 82 004 055 387 (the Seller) will quote for, and supply goods and/or services. By proceeding to transact with The Workwear Group Pty Ltd you acknowledge that you have read these terms and conditions, and are aware of the following key terms which may be prejudicial to you:

• Delivery dates not guaranteed. Timeframes for delivery are estimates only and not guaranteed (clause 4).

• Retention of title and security. Seller retains title to goods until paid for. Buyer must consent to and assist Seller perfect any security interest (clause 8).

• Manufacturer or supplier data. Seller does not guarantee information supplied by manufacturer or supplier of goods. Buyer should make their own enquiries (clause 12).  

• Charges and duty. Responsibility for any charges or duties etc levied after the date of quotation or invoice are placed on the Buyer (clause 15).

• Our liability is limited. To the extent permitted by law:

o Seller limits liability for faulty goods or services to: (a) in the case of goods, repair, replacement or the cost of resupplying those goods; or (b) in the case of services, the re-supply of the services or the cost of having the services supplied again. (clause 18(c))

o Seller excludes liability for particular types of loss including indirect and consequential loss (clause 18(d)). 

o The Seller’s liability (except for personal injury, fraud or wilful misconduct) is limited to the amounts that are recovered under its insurance (up to $10 million) and if the liability is not recovered under its insurance to an amount equal to the value of the Purchase Price (clause 18(e)).

• Terms may change. When Buyer orders goods, the terms and condition apply as at the time of order. These terms may change from time to time without notice. Buyer should check terms before each purchase (clauses 2 and 20).


1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these terms and conditions, unless the context otherwise requires:

(a) “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State Fair Trading legislation.

(b) “Buyer” means the Person or Organisation named as the buyer or purchaser in the relevant Contract.

(c) “Business Day” means a day other than a weekend or public holiday in the place which the goods are delivered.

(d) “Consumer” means a consumer as defined in Schedule 2 of the Competition and Consumer Act 2010 as amended from time to time.

(e) “Contract” means a contract for the supply of goods and/or services as referred to in clause 2(b) or any other contract for the supply of goods and/or services entered into between Seller and Buyer which incorporates these terms and conditions;

(f) “Excluded Loss” means loss of revenue, loss of profit, loss or denial of opportunity, loss of access to markets, loss of goodwill, loss of business reputation, loss of data, loss arising from any business interruption, increased overhead costs, and any indirect, remote or unforeseeable loss.

(g) “Exclusive Goods” means any goods which are, at the Buyer’s request, embellished, embroidered, printed, machined, customised, cut-to-size or specifically ordered for the Buyer.

(h) “GST” means the goods and services tax as imposed by the GST Law together with any related interest, penalties, fines or other charge.

(i) “GST Amount” means any Payment (or the relevant part of that Payment) multiplied by the appropriate rate of GST.

(j) “GST Law” has the meaning given to that term in A New Tax System (Goods and Services) Act 1999, or, if that Act does not exist for any reason, means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.

(k) “Payment” means any amount payable under or in connection with a Contract including any amount payable by way of indemnity, reimbursement or otherwise (other than a GST Amount) and includes the provision of any non- monetary consideration.

(l) “Person” includes an individual, the estate of an individual, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.

(m) “PPSA and PPS Law” means the Personal Property Securities Act 2009 (Cth) including:

(i) any regulations made at any time under the PPSA;

(ii) any provision of the PPSA or regulations referred to in (i) above;

(iii) any amendment to any of the above, made at any time; or

(iv) any amendment made at any time to any other legislation as a consequence of a PPS Law.

(n) “Purchase Price” means the price for the goods set out in the relevant Quotation or Contract or as otherwise agreed in writing between the Seller and the Buyer.

(o) “Quotation” means the form of quotation or proposal (together with any supporting documentation, including range plans or other proposals) submitted by the Seller to the Buyer in which these terms and conditions are deemed to be incorporated.

(p) “Tax Invoice” has the meaning given to that term by the GST Law.

(q) “Taxable Supply” has the meaning given to that term by the GST Law.

(r) “Seller” means The Workwear Group Pty Ltd ABN 82 004 055 387.

1.2 Interpretation

(a) A reference to a “party” means a party to a Contract.

(b) A reference to a “person” includes an individual, the estate of an individual, a body politic, a corporation, a trust, partnership, an association (incorporated or unincorporated) and a statutory or other authority.

(c) Words importing the singular shall include the plural (and vice versa).

(d) If any provision of these terms and conditions is invalid, these terms and conditions should be read as if that provision has been severed.

2. ORDERS AND GOVERNING TERMS AND CONDITIONS

(a) Where the Buyer submits an order for goods and the Seller accepts such order, these terms and conditions shall apply to the supply of goods by the Seller to the Buyer.

(b) Any order placed by the Buyer will constitute an offer and shall not bind the Seller until accepted by it in writing or by the Seller commencing the supply of goods in accordance with that order. When the Seller accepts the Buyer’s order a separate contract of sale will arise for the goods to which the order relates.

(c) Each Contract formed under clause 2(b) will incorporate these terms and conditions. Where an order placed by the Buyer on the Seller references a Quotation, then any terms or special conditions contained in the Quotation will also be incorporated into the Contract.  

(d) These terms and conditions prevail over any terms and conditions contained in any order, offer, acceptance or other document of the Buyer whether or not any inconsistency arises.

3. TERMS OF PAYMENT

Payment to the Seller for goods or services delivered and accepted is due within 30 calendar days of the end of the month in which the Buyer is invoiced for the goods. If the Buyer fails to make payment in accordance with this clause, without prejudice to any other remedy, Seller may charge interest on the outstanding amount at an annual rate of three (3) percent above the current Bank Bill Swap Reference Rate as quoted in the Australian Financial Review at the date the amount is due and payable or an equivalent rate determined by the Seller (acting reasonably) if this rate ceases to be published, is updated, suspended or discontinued. Interest will be calculated on a daily basis from the day it falls due until the day it is paid. Any payment made by the Buyer shall be credited first against any interest that has accrued.

4. DELIVERY, INSPECTION AND ACCEPTANCE

(a) Any timeframes quoted by the Seller for delivery of goods are estimates only.

(b) Delivery will be made in the manner and at the place specified in the relevant Contract or if not specified delivery will be made as determined by the Seller.

(c) The Seller reserves the right to make part deliveries of any order. Each part delivery may be invoiced separately and shall constitute a separate sale of goods upon the same terms and conditions as those applying to the main order. A part delivery of an order shall not invalidate the balance of an order.

(d) The Buyer shall inspect all goods upon delivery and shall within seven (7) days of delivery give notice to the Seller of any matter or thing by which the Buyer alleges that the goods are not in accordance with the Buyer’s purchase order or these terms and conditions. Failing such notice, subject to any non-excludable rights, guarantees or conditions implied by law, such as those in the Australian Consumer Law the goods shall be deemed to have been delivered to and accepted by the Buyer. Acceptance of the goods does not prevent the Buyer from making a claim under the statutory consumer guarantees under the Australian Consumer Law.

5. RETURNS

(a) Return of goods (other than in situations where the Seller is required to accept a return of goods under the Australian Consumer Law) must be approved by the Seller. Any authorised return must be freight prepaid and will only be accepted if (unless otherwise agreed with the Seller) they are:

(i) in a saleable condition in their original packaging;

(ii) accompanied by documentation evidencing:

A. the Buyer’s name, address and account number,

B. a return authorisation number and the purchase order number, invoice number or other designated number relevant to the Contract under which the goods were originally supplied; and

C. reasonable detail regarding the reason for the return of the goods; and

(iii) returned within 14 days of delivery.

(b) Other than in situations where the Seller is required to accept a return of goods under the Australian Consumer Law:

(i) the Seller reserves the right to charge a handling fee of $10 or 10% of the price of the goods returned (whichever is greater) under this provision; and

(ii) the Seller will not accept the return of goods specifically purchased, manufactured, machined or cut to size or to the Buyer’s specification.

6. QUOTATIONS

(a) A Quotation is valid for 30 days or such other period as stated in it. 

(b) A Quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the Buyer’s purchase order has been accepted in writing by the Seller.

(c) The Seller shall not be bound by any conditions attaching to the Buyer’s purchase order or acceptance of a Quotation and, unless such conditions are expressly accepted by the Seller in writing, the Buyer acknowledges that such conditions are expressly negatived.

(d) Every Quotation is subject to and conditional upon obtaining any necessary import, export or other licence.

7. GST

The parties agree that:

(a) the Purchase Price is inclusive of GST;

(b) all other Payments have been calculated without regard to GST;

(c) each party will comply with its obligations under the Competition and Consumer Act 2010 (Cth) when calculating the amount of any Payment and the amount of any relevant Payments will be adjusted accordingly;

(d) if the whole or any part of any Payment is the consideration for a Taxable Supply (other than for payment of the Purchase Price) for which the payee is liable to GST, the payer must pay to the payee an additional amount equal to the GST Amount, either concurrently with that Payment or as otherwise agreed in writing.

(e) any reference to a cost or expense in these terms and conditions excludes any amount in respect of GST forming part of the relevant cost or expense when incurred by the relevant party for which that party can claim an Input Tax Credit; and the payee will provide to the payer a Tax Invoice.

8. PASSING OF PROPERTY AND RISK

(a) Goods supplied by the Seller to the Buyer shall be at the Buyer’s risk immediately upon delivery to the Buyer, into the Buyer’s custody or at the Buyer’s direction (whichever happens first). The Buyer shall insure the goods from the time of that delivery at its cost against such risks as it thinks appropriate, 

(b) Title in the goods supplied by the Seller to the Buyer under these terms and conditions shall not pass to the Buyer until those goods have been paid for in full.

(c) Until the goods have been paid for in full:

(i) the Buyer shall store the goods in a manner which shows clearly that they are the property of the Seller; and

(ii) the Buyer may sell the goods, in the ordinary course of its business, as agent for the Seller and shall account to the Seller for the proceeds of sale (including any proceeds from insurance claims). These proceeds must be kept in a separate bank account.

(d) The Buyer agrees to grant the Seller reasonable access to any premises upon which the Seller’s goods are stored to enable the Seller to inspect the goods and/or, reclaim the goods if the Seller has terminated or has a right to terminate the relevant Contract.This right shall continue after termination and for so long as the Seller reasonably believes that goods in which it retains title are held at premises owned or controlled by the Buyer.

(e) The Buyer and the Seller agree that the provisions of this clause apply notwithstanding any arrangement under which the Seller grants credit to the Buyer.

(f) The Buyer consents to the Seller perfecting any security interest (as defined in section 12 of the PPSA) in goods supplied under the Contract and their proceeds created by this clause 8 by registration under the PPSA and agrees to do anything reasonably requested by the Seller to enable it to do so. 

(g) The parties contract out of the following provisions of the PPSA which, under section 115(1) of that Act, they are permitted to contract out of:

i. sections 95 (notice of removal of accession) and section 130 (notice of disposal) to the extent that they require the secured party to give a notice to the grantor;

ii. section 96 (when a person with an interest in the whole may retain an accession);

iii. subsection 121(4) (enforcement of liquid assets—notice to grantor);

iv. section 129 (disposal by purchase)

v. paragraph 132(3)(d) (contents of statement of account after disposal);

vi. subsection 132(4) (statement of account if no disposal);

vii. section 142 (redemption of collateral); and

viii. section 143 (reinstatement of security agreement).

(h) Each party waives its right to receive each notice which, under section 157(3) of the PPSA, it is permitted to waive. 

(i) The parties agree that no one will disclose, or authorise the disclosure of, any information of the kind described in section 275(1) of the PPSA to any other person unless allowed or required by law. 

9. SUSPENSION, CANCELLATION AND DISCONTINUANCE OF SUPPLY

The Seller reserves the right to immediately suspend, cancel or discontinue the supply of goods or services to the Buyer without further notice to the Buyer where:

(a) the Buyer is in breach of these terms and conditions; or

(b) the Buyer is otherwise in breach of its payment obligations to the Seller (whether arising under these terms and conditions or otherwise), 

and the Seller will not incur any liability to the Buyer in respect of such suspended, cancelled or discontinued supply.

10. INSURANCE

The Seller will maintain whilst it supplies goods and/or services under these terms and conditions and for the period of any Contract the following insurances:

(a) product and public liability insurance to a limit of $10 million; and

(b) workers compensation insurance as required by law.

11. TRAINING

The Seller’s Quotation is made on a supply only basis unless otherwise specified in the Quotation or agreed in an accepted purchase order. Any training in the use of the goods or other fitting services (if any) are at the expense of the Buyer unless agreed in writing in a Contract or otherwise agreed in writing by the Seller.

12. DIMENSIONS, LABELLING, PERFORMANCE DATA AND OTHER DESCRIPTIVE DETAILS

(a) To the extent permitted by law, and unless otherwise agreed, any performance data provided by the Seller, which is sourced from a supplier or manufacturer of the Seller is an estimate only and is passed on by the Seller in good faith but Seller has not independently verified the accuracy or completeness of such performance data. The Buyer should exercise reasonable care in relying on such performance data.  

(b) Unless agreed to the contrary in writing, the Seller reserves the right to supply an alternative brand or substitute product that has characteristics that are materially consistent with the goods offered when necessary. Such substitutions will not be given effect to until approval is received from the Buyer (either verbally or in writing).

(c) Buyer must not, without Seller’s written consent, alter, remove or obliterate any labels which are attached to or incorporated in the goods.

13. SHIPMENT AND DELIVERY

(a) Upon acceptance of a purchase order by the Seller, the Seller will seek confirmation of the period of shipment or delivery. If any variation has occurred in the quoted period, the Seller will notify the Buyer. 

(b) The Seller may impose a delivery charge on all deliveries (subject to such charge being notified to the Buyer in advance) with the exception of back order deliveries which are part of an original purchase order that has been partly fulfilled.

14. MINIMUM ORDER VALUE

Buyer acknowledges that some goods are subject to minimum order requirements. The Seller reserves the right to:

(a) refuse to supply goods where the value of the goods ordered by the Buyer is less than the Seller’s minimum supply value (as notified by the Seller to the Buyer from time to time); or

(b) (with the consent of the Buyer) increase the aggregate price payable for the goods ordered by the Buyer such that the price is at least equal to the Seller’s minimum supply value.

15. CONTINGENCIES

Any charge, duty, impost, sales tax or other expenditure which is not applicable at the date of Seller’s acceptance of an order but which is subsequently levied upon the Seller in relation to that order as a result of the introduction of any legislation, regulation or governmental policy, shall be to the Buyer's account.

16. FORCE MAJEURE

A party shall be excused from the performance or observance of any of its obligations under a Contract to the extent its performance or observance is prevented, restricted or affected by reason of a force majeure event including strike, lock out, industrial dispute, raw material shortage, breakdown of plant, transport or equipment, epidemic, pandemic, quarantine restriction, public health emergency, communicable disease outbreak (including the Covid-19 outbreak), measures or actions taken by any government or government body including, without limitation, in connection with bio-security, public health and importation of goods or any other cause beyond the reasonable control of the affected party (Force Majeure Event). Notwithstanding a Force Majeure Event no party will be relieved from liability to pay moneys due under a Contract. 

17. BUYER’S CANCELLATION

Unless otherwise agreed in writing, the Buyer shall have no right to cancel a purchase order which has been accepted by the Seller.

18. WARRANTY AND LIABILITY OF SELLER

(a) The Seller makes no express warranties or representations in respect of any goods or services supplied to the Buyer under these terms and conditions. Manufacturers of goods may, from time to time, provide a voluntary warranty directly to the Buyer in relation to goods supplied to the Buyer.

(b) Where the Buyer purchases goods from the Seller as a Consumer:

(i) the Australian Consumer Law provides certain statutory guarantees in relation to the goods; and

(ii) nothing in these Conditions purports to modify or exclude such guarantees,.

(c) To the extent permitted by statute, the liability, if any, of the Seller arising from the breach of any implied conditions or warranties, or failure to comply with a statutory guarantee under the Australian Consumer Law, in relation to the supply of goods or services other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, shall at the Seller’s option be limited to:

(i) in the case of goods:

A. the replacement of the goods or the supply of equivalent goods;

B. the repair of the goods;

C. the reimbursement of the cost of the repair of the goods; and

D. the payment of the cost for the repair of the goods; and

(ii) in the case of services:

A. the re-supply of the services; or

B. the reimbursement of the cost of having the services supplied again.

(d) To the extent permitted by law, neither party shall be liable to the other in connection with the Contract for or in respect of any Excluded Loss.

(e) Subject to clauses 18(b) to (d) above, and except in the case of personal injury, or fraud or wilful misconduct of the Seller, the total aggregate liability of the Seller in connection with any Contract for the supply of goods under these terms and conditions, howsoever arising, whether in contract, in tort (including but not limited to negligence), in equity, under any warranties or indemnities, by operation of statute or otherwise, will, to the extent permitted by law, be limited as follows:

(i) for liability arising in connection with events or circumstances in respect of which the Seller is indemnified under a policy of insurance required to be taken out under these terms and conditions, the Seller’s liability will be limited to the amount which is recovered by the Seller under that policy (or should have recovered had it complied with the relevant policy) and in all circumstances will not exceed the amount that is the specified limit for that policy of insurance required to be taken out by the Seller under these terms and conditions;

(ii) for all liability in respect of which the Seller is not indemnified under a policy of insurance required to be taken out under these terms and conditions:

A. with respect to liability arising out of a particular purchase order, Seller’s liability will be limited to an amount equal to the Purchase Price for the goods under that purchase order; and

B. Seller’s maximum aggregate liability arising in connection with all purchase orders and otherwise arising under the Contract will be limited to the amounts paid or payable for the goods and/or services to the Seller under the Contract.

(f) The Seller makes no express warranties in relation to the suitability for any purpose of goods or materials supplied by the Seller.

(g) To the extent permitted by statute, including the Australian Consumer Law, Seller will not be responsible for any damage or loss caused to goods which have been serviced or repaired by unauthorised persons. 

(h) At all times, a party’s liability under a Contract or otherwise, shall be reduced proportionately to the extent that any act or omission of the other party, its personnel or any other third party caused or contributed to such loss or liability.

19. INTELLECTUAL PROPERTY

Nothing in these terms and conditions creates any right, title or interest in any intellectual property right (including trademark, copyright, patent or registered design) (Intellectual Property) in favour of the Buyer with respect to any goods or services supplied under these terms and conditions.

Unless the parties otherwise agree in writing, the ownership of all Intellectual Property supplied or created by the Seller in connection with or as a result of the supply of goods and/or services will vest in the Seller upon creation.

20. ALTERATION TO CONDITIONS

The Seller may, at any time and from time to time, alter these terms and conditions without notice and with immediate effect once posted on the Seller’s website, provided that any variation to these standard terms and conditions will not apply to any:

(a) purchase orders placed but not yet fulfilled prior to the date of such variation taking effect; or

(b) Contracts that incorporates a particular version of these standard terms and conditions released prior to the variation.

21. VIENNA SALES CONVENTION

To the fullest extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) known as the Vienna Sales Convention does not apply to any Contract incorporating these terms and conditions nor do any of the terms and conditions express or implied by the Vienna Sales Convention form part of any Contract.

22. GOVERNING LAW

These terms and conditions and any contract including them shall be governed by and construed in accordance with the laws of the State of Victoria and the Seller and the Buyer submit to the non-exclusive jurisdiction of the Courts of Victoria.

23. THE COMPETITION

Promotion name: NNT's 'nominate a frontline worker who deserves to be recognised' Giveaway

Eligible States/Territories: All states and territories in Australia

Promotion period:

Start: 21 November 2023

End: 3 December 2023

No entries will be accepted outside this time

Website address: www.nnt.com.au

Promoter: WORKWEAR GROUP PTY LTD

ABN: 82 004 055 387 

Level 1, 187 Todd Road 

Port Melbourne  Vic 3207

Eligible entrants: Entry to the Promotion is open to Australian residents 18 years of age or over in all Eligible States/Territories who fulfil the method of entry requirements set out in this Schedule.

Details of prizes:

• Major prize - $1,000 Prezzee voucher and a $500 NNT Voucher – RRP value $1,500

• Runner up prizes x20 - $50 Prezzee voucher and a $100 NNT Voucher - $RRP value $150

Total number of prizes: 21

Total prize value: AUD $4,500

Method of entry: To enter, an entrant must, during the Promotion period:

Fully and accurately complete the entry via Facebook for a chance to win. 

Maximum number of entries: Multiple entrants per person is permitted as long as each person nominated is different during the Promotion period.

Prize draw: 4 December 2023

Location of prize draw:

Workwear Group

Level 1, 187 Todd Rd.

Port Melbourne VIC 3207

Notification of winners: Winner will be notified on 5 December 2023.

Public announcement of winners: The winner will be published on 8 December 2023 via the NNT Instagram account. 

Terms & Conditions of entry:

  1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails.  Participation in this Promotion is deemed acceptance of these Terms of entry.
  2. Entry is open only to Eligible Entrants of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin whether living in the same household as the directors, officers, management, employees, suppliers or contractors.
  3. The Promotion will be conducted during the Promotion period.
  4. The Prize/s are specified in the Details of prizes section of the Schedule.
  5. The total prize pool is specified in the Total prize value section of the Schedule.
  6. Any prize is valued in Australian dollars unless expressly stated to the contrary.
  7. All vouchers are valid until the expiry date stated on the voucher or by the provider of the voucher.
  8. Entrants agree to comply with any conditions which accompany the voucher.
  9. Neither the Promoter nor the voucher provider is liable for any voucher that has been stolen, forged, lost, damaged or tampered with in any way.
  10. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed by the Promoter regardless of whether or not they win the competition.
  11. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid. The Promoter has the sole discretion to determine the validity of entries and to determine the prize winner(s). All decisions and actions of the Promoter and its staff will be exercised according to their absolute discretion. The Promoter's decision is final. No correspondence will be entered into.
  12. The time of entry will be deemed to be the time the entry is received by the Promoter.
  13. Entrants may submit up to the Maximum number of entries (if applicable).
  14. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
  15. The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw section of the Schedule. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the Promoter will then continue this process until the prize is awarded. 
  16. The winner does not need to be present at the draw unless expressly stated to the contrary.
  17. The winner will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the earlier of the time the winner receives actual notification from the Promoter or two business days after the notification is sent. The notification will include details about how the prize(s) can be claimed.
  18. The form of any identification, authorisation or release required by the Promoter before any prize is awarded is at the discretion of the Promoter. To the extent permitted by law, failure by the entrant to provide such proof of identification, authorisation or release will immediately invalidate a prize winner's entitlement to a prize. In the event of a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion to determine the identity of the entrant.
  19. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the Promotion period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
  20. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
  21. The winner name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
  22. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
  23. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion or paying the cost of resupplying those goods or services.
  24. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
  25. The Promoter and its associated agencies and companies will not be liable for any damage in transit to or delay in transit of prizes. The Promoter and its associated agencies and companies makes no representations or warranties as to the timeliness or successful delivery of the prize to the winner(s).
  26. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants. Without limiting this, the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is fraudulent, misleading or deceptive, or not in accordance with these Terms of entry, or who manipulates or tampers with the entry process or is generally damaging to the goodwill or reputation of the Promotion and/or the Promoter. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  27. The Promoter has the right to withhold the provision of a prize where the Promoter is aware or reasonably suspects that the provision of the prize would, or may be, in breach of any conduct or compliance policy of the Promoter, its related bodies corporate, or any third party (including the Promoter’s customers) or any applicable laws. If the Promoter suspects fraud or misconduct, the prize may be withheld or withdrawn in the Promoter’s sole discretion.
  28. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority, and must be taken as awarded. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
  29. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, pandemic or epidemic disease, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the Promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
  30. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.            
  31. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
  32. Facebook, YouTube, or Instagram may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, or Instagram; and to release Facebook, YouTube, or Instagram from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, or Instagram.

33.  The Promoter respects the policies of its customers which forbid the acceptance of awards, prizes or incentives by their employees in connection with their business or which require the business to determine the terms on which such awards, prizes or incentives may be offered in connection with their business. Accordingly, prizes are not a personal incentive, and where the Promoter is aware that a winning entrant is an employee of a customer organisation of the Promoter, the Promoter may in its absolute discretion award the prize to the relevant customer organisation. In these circumstances, allocation of any prizes to any person within the customer organisation is to be determined by the relevant customer organisation that has been awarded the prize (or its relevant authorised officer). Alternatively, the Promoter may require a prize winner to provide signed authorisation from an authorised officer of its employer confirming permission for the winner to accept the prize. The Promoter may provide to a customer organisation personal information about any of the customer organisation's employees who enter the Promotion.

34.  To the extent permitted by law, the Promoter reserves the right to withdraw or amend the Promotion as necessary due to circumstances outside its reasonable control or if required by a relevant regulatory authority.

  1. The Promoter collects information about the entrants to conduct the Promotion and, where appropriate, to award prizes, and may also use the information to assist in improving its goods and services and to contact entrants in the future with special offers. The Promoter may share entrants’ information with its Australian related companies. By entering this Promotion, each entrant agrees that the Promoter may disclose the entrant's personal information if required by law and may publish, or cause to be published, the winners' names and State/Territory of residence online and in media. Entrants’ personal data is collected and held in accordance with the terms of the Promoter's privacy collection statement and privacy policy which can be found on its website at https://www.workweargroup.com.au/privacy-policy. To request access to the personal information that the Promoter holds in respect of an entrant or to amend or remove an entrant’s information from the Promoter's records, please write to the Privacy Officer at Wesfarmers Industrial & Safety Pty Ltd, Level 4, 26 Talavera Road, Macquarie Park NSW 2113, with the entrant’s name, address and request, or email privacy@wisau.com.au.
  2. Entrants are advised to print and keep safe these terms and conditions, a copy of which can be obtained from the Promoter’s reception at Level 1, 187 Todd Road, Port Melbourne Vic 3207.
  3. For any queries in relation to the Promotion, please write to WorkWear Group Pty Ltd, Level 1, 187 Todd Road, Port Melbourne Vic 3207. 

24. ONLINE PROMOTIONS

From time to time, we may offer discounts on selected styles online for a limited time only and while stocks last.


Updated 8 November 2023