Terms and Conditions

A copy of this document can be downloaded as a PDF here.  

Document date: JULY 2024

Overview

We are DISSH Pty Ltd (Provider, we, us and our). 

This agreement contains the terms, conditions and disclaimers (terms) for accessing and using our website (the Website) and services (our Services) by you (you).

We separately maintain our Privacy Policy regarding the collection and use of your data.

If you do not agree to these terms, you must stop using our services.

Persons under the age of eighteen (18) years require the consent of their parents or legal guardian/s before using the Website.

These Terms and Conditions form a contract between you and us regarding the use of the Website.

Definitons

  • Intellectual Property

    1. Includes all:

    a. inventions, discoveries, innovations, novel or technical information and data, prototypes, processes, improvements, and patents, including all patents and patented applications, processes and products within the meaning of the Patents Act 1990 (Cth)

    b. circuitry and circuit layouts, computer programs, software, code, drawings, plans, and specifications;

    c. domain names, business names, trade marks, including any trade name, brand name, common law trade mark, or trade mark within the meaning of the Trade Marks Act 1995 (Cth);

    d. designs, including all designs within the meaning of the Designs Act 2003 (Cth);

    e. copyright material within the meaning of the Copyright Act 1968 (Cth);

    f. trade secrets and know-how; and

    g. works, and all other works resulting from intellectual activity in the industrial, scientific, education, literary, or artistic fields.

  • Privacy Policy

    2. Privacy Policy means our privacy policy relating to the collection and use of data, which can be found at: Privacy Policy.

  • Services

    3. The Services we provide to you include the sale of clothing items to you, in-store and online through our Website.

  • Territory

    4. This agreement for the Terms shall be governed by the exclusive jurisdiction of the courts of the State of Queensland, Australia and those Courts that hear appeals from these Courts, including the Federal Court of Australia (the Territory).

Use of the Website

5. Your right to use the Website is subject to these Terms and Conditions and we may vary or modify the Terms and Conditions from time to time in its sole and absolute discretion. If you do not agree to the modifications made to the Terms and Conditions from time to time, you should immediately cease using the Website; otherwise your continued use of the Website will be evidence of your acceptance of the modified Terms and Conditions.

6. You agree not to use the Website for any unlawful purpose.

7. You agree not to use the Website to load up any virus, trojan horses or do anything that is likely to harm the Website, or to cause harm to our systems or to the system of any person who accesses the Website.

8. We reserves its right to discontinue, temporarily or permanently, the Website and/or any of the facilities available via the Website without notice to you.

9. We reserves its right to restrict access to the Website or certain parts of the Website at any time without notice to you. We acknowledge that you may cease using the Website at any time.

10. We are not liable to you or any third party by way of Contract or Tort for:

a. Any suspension or termination of the Website and/or any of the facilities available via the Website.

b. Restriction of your access to the Website and/or any of the facilities available via the Website.

11. You have read and agree with the following information supplied on the web site.

a. Privacy Policy

b. Cookie Policy

c. Refundid

d. Returns Policy

e. Shipping Policy

Membership

12. You may choose to create an account with us, either in-store or online.

13. You agree to provide accurate and current information about yourself (termed "Registration Data") when creating your account.

14. You agree to update your Registration Data in the event that your Registration Data changes or becomes out-of-date.

15. We may impose or alter, without notice to you, any conditions for becoming a member and we reserves our rights to alter or vary the benefits and privileges accruing to members.

16. When you create your account online, you will be able to choose a password to access your account. It is your responsibility to maintain the confidentiality of the password. We are not liable for any loss or damage arising from the unauthorised use of a password

17. We have the right to refuse, terminate or suspend your account, password or use of the Website in its absolute and sole discretion.

18. We may terminate or suspend your account, password or use of the Website if:

a. We suspect that the Registration Data provided by you is outdated, false, offensive, inaccurate or impersonates someone else.

19. We are not liable to you or any third party for any loss or damage or claim arising from your membership being terminated or suspended.

20. You agree to us sending you electronic mail (e-mail) from time to time to inform you of changes to the Website and to inform you of promotions and advertisements.

Disclaimer

21. You acknowledge that the use of the Website is at your sole risk. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the information contained on the Website. Any reliance upon any information contained on the Website is at your sole risk.

22. We are not liable for any loss or damage or claims as a result of you or a third person acting on the material appearing on the Website.

23. We make no warranty that the Website will be secure or error-free or virus-free and any material downloaded through the use of the Website is done at your own risk and you will be solely responsible for any damage to your computer system or for any loss of data.

Agreement

24. You represent and warrant in relation to any material that you post, transmit or submit via the Website that:

a. You are authorised to provide the material

b. The material does not infringe or interfere with the rights of any person, including the privacy of any person

c. The material is original and does not infringe any intellectual property right including, but not limited to, trade marks, confidential information and copyright

d. The material is not defamatory or obscene or does not constitute a "passing off" of any material

e. The material does not infringe any legislation of regulations of the Commonwealth of Australia and the State of Queensland

25. You agree not to post, submit or transmit via the Website any persons' name, contact details and other personal information unless you have first sought and obtained the written permission of that person to do so.

Indemnity

26. You agree to indemnity us and our proprietors, officers, directors, employees and agents against any loss, damage or claims where such loss or liability arose out of or in connection with a breach of this Agreement by you, or the publication or distribution of material or information supplied to the Website by you, or any complaints or charges made by other parties against you.

Links

27. The Website may contain links to sites operated by third parties. We have no control over these third-party sites and the existence of those links is not to be construed as an endorsement of the third-party sites by us.

28. We are not responsible for the content or material contained on the linked sites.

Spam

29. We may at our discretion provide details for contacting us directly on the Services.

30. Our purpose in publishing any contact details on the Services is to facilitate communications about the goods and services it supplies, and it does not consent to receive unsolicited messages for any ulterior purposes by any means.

31. If we receive such unsolicited messages, we reserve our rights and may make a report to the applicable anti-spam regulatory body.

Intellectual Property Rights

32. The information and material appearing on the Website is to be used for your sole personal use only.

33. We reserve all intellectual property rights in the Website and any necessary software used in connection with the Website. Except as authorised by us, you agree not to:

a. Distribute the Website, in whole or part, in any form

b. Store the Website, in whole or part, in any storage media

c. Re-transmit the Website, in whole or part, in any media

d. Create derivative works based on the Website, in whole or part

e. Upload the material to any other site on the World Wide Web.

34. DISSH is a registered trademark. The DISSH logo may not be used without the prior specific, written permission of us.

35. You acknowledge that the Website contains advertisements and material from our promotional partners and that such material is protected by copyright, trademarks and other intellectual property law.

Jurisdiction

36. This agreement is entered into in Queensland. This agreement is governed by and interpreted in accordance with the laws of the Queensland.

37. You acknowledge that the Website contains advertisements and material from our promotional partners and that such material is protected by copyright, trademarks and other intellectual property law.

38. If any part of this agreement is held unenforceable or invalid, that part of the agreement will be deemed to be severed and the remaining provisions will continue in operation.

Afterpay

39. View the terms and conditions for using the Afterpay Service here.

Cookies

40. A Cookie is a small data file that is stored by your Web browser on your computer. We use Cookies to keep track of your current shopping session, to enable you to proceed to checkout at any time and to personalize your online experience. If you do not accept Cookies you will be unable to use this website. Refer to the Help content of your browser for more information on selecting or deselecting Cookies.

Currency

41. All of our Credit Card transactions processed on www.dissh.com.au are in $AUD.

Time

42. DISSH is a Queensland based company, therefore all references to time made on this site and through all other associated material are in Australian Eastern Standard Time, (AEST). 

Changes To This Document And Our Other Documents

43. These Terms may be amended by the Provider without notice and at their complete discretion, which is immediately effective once the amendment is posted on the Application. Your continued use of the Services after the amendments are posted on our Application will be deemed to be your consent to such amendments.

44. You are advised to review this document periodically for any changes. Changes to this document are effective when they are posted on this page.

Promotions, Offers and Gift Cards

45. 30% off The Edit

  • 30% off the edit promotion
  • Discount automatically applied on selected full price styles featured on dissh.com/collections/30-off-edit
  • Sale styles listed on the 30% off collection are not included in the promotion. The prices are as marked.
  • Not to be used in conjunction with any other offer or promotion, and cannot be applied to past orders. 
  • DISSH has the right to end or extend offer periods, without notice, and at the discretion of the business.
  • Offer commences 19/09/2024, 3pm, and ends 15/10/2024 5pm PDT

46. Take A Further 20% Off Sale

  • Take a further 20% off sale promotion available online only
  • Discount only available on styles on dissh.com.au/collections/sale collection page.
  • Excludes gift cards.
  • Not to be used in conjunction with any other offer or promotion, and cannot be applied to past orders. 
  • DISSH has the right to end or extend offer periods, without notice, and at the discretion of the business.

47. Free Express Shipping

  • Free express shipping for all orders over $100
  • Includes full-price and sale items
  • The free shipping threshold will be calculated by the final order total after all promotion/sale prices are applied
  • Offer ends at the specified time. (AEST)

48. You've Received an Individual % or $ Off Promotional Code:

  • Codes are only valid if sourced directly from a verified DISSH platform – Affiliated social media accounts, marketing emails, website banners or provided directly by a DISSH online customer service representative
  • DISSH is not affiliated with any external platforms or browser extensions offering potential discount codes and will not honour on these occasions
  • Not to be used in conjunction with any other offer or promotion
  • Does not apply to sale items
  • Offer is valid for one purchase only
  • Offer is valid online only

49. % or $ Off Promotions that Require A Code:

  • Not to be used in conjunction with any other offer or promotion
  • Does not apply to sale items
  • Offer is valid for one purchase only
  • Offer is valid online only
  • Offer ends at the specified time, (AEST).

50. % or $ Off Promotional Offers:

  • Not to be used in conjunction with any other offer or promotion
  • Does not apply to sale items
  • Offer is valid online only
  • Prices as marked - no further discount applied at checkout 
  • Offer ends at the specified time, (AEST).

General

51. Entire Agreement

a. These Terms (and any additional terms, rules and conditions of participation that we may post on the Application), the Privacy Policy and our Cookies Policy constitute the entire agreement between You and the Provider with respect to the Services. and supersedes any prior agreements, oral or written, between You and the Provider. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.

52. Waiver

The failure of the Provider to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision or admission to any facts.  A waiver or admission is only effective if and in accordance with a written statement made by a duly authorised officer of the
Provider.

53. Severability of Terms

If any part of these Terms is invalid or unenforceable, these Terms must:

a. be interpreted with amendments made as narrowly as possible to allow it to be enforceable or valid while still retaining as much as possible, the Term’s original intention and effect (Reinterpreted); or

b. if unable to be Reinterpreted as above, then any invalid or unenforceable part shall be severed without affecting the enforceability or invalidity of any remaining part of the Terms.

54. Headings

Headings used in the Terms are for convenience only and have no legal or contractual effect.

Contact

55. All contact, queries or other correspondence regarding these Terms should be directed to the Provider’s legal representatives as follows:

Company

DISSH
PTY LTD 098 188 580

Attention

Privacy and Data Protection Officer

Email

customerservice@dissh.com.au

Phone

+61 7 3725 7633

Postage

C/ Macpherson Kelley Lawyers

GPO Box 5299,

Brisbane, QLD 4001, Australia

56. Any correspondence for these Terms will be deemed as dated on the date received by the recipient.

End of Document

These Terms and Conditions have been prepared with our legal team at
Macpherson Kelley Lawyers

© DISSH PTY LTD 2024

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