Terms of Use

Brooksrunning.com.au website is owned and operated by Texas Peak Pty Ltd. By using the Texas Peak Pty Ltd website you agree that your use of the Texas Peak Pty Ltd website is subject to these Terms of Use. Please read them carefully. Texas Peak Pty Ltd may from time to time amend these Terms of Use without prior notice.

Texas Peak Pty Ltd reserves the right to, at any time:

• amend, update, change or remove any part of this website;
• suspend or restrict your access to this website if you are in material breach of these Terms of Use; and/or
• stop or suspend the operation of this website.

General Disclaimer

You acknowledge and agree that:

• this website and its contents are provided to you on an "as is" basis; and
• information on this website may contain typographical errors, technical inaccuracies or other errors and may not be complete or current.

Except to the extent required by law:

• Texas Peak Pty Ltd makes no representations or warranties of any kind as to the operation or availability of this website or the information, content or materials included on this website, and all implied representations or warranties in relation to the operation or availability of this website or the information, content or materials included on this website are excluded; and
• Texas Peak Pty Ltd is not liable for any loss suffered by you in connection with the unavailability of this website and/or the use of this website or any linked website, including any indirect, consequential or special damages and any loss or revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Copyright

This website and its contents are subject to copyright. The copyright is owned by Texas Peak Pty Ltd, or in the case of some material, third parties. You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this website is prohibited.

Trade Marks

Nothing contained in this website shall be construed as granting any licence or right to use any trade mark displayed on this website.

Mode of Access

In order to use this website, you will need internet access, devices and systems which are compatible with this website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). Texas Peak Pty Ltd has no obligation to make this website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this website.

Third Party Websites

This website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. Texas Peak Pty Ltd is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. Texas Peak Pty Ltd will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.

Cookies

Cookies are small pieces of information that your web browser stores on your computer’s hard drive. Texas Peak Pty Ltd uses cookies to gather data in relation to this website. You may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this website.

Viruses

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. Except to the extent otherwise required by law, Texas Peak Pty Ltd will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this website.

Material Submitted By You

Certain parts of this website may allow you to submit materials (including links to third party content) which can be accessed and viewed by the public (UGC). By using these features, you acknowledge and agree that:

• you will only publish UGC that is your original content, or where the content is adapted from existing content you have obtained all consents and licences from third parties necessary for the submission and display of your UGC and the submission and display of your UGC is not in breach of any third party’s rights or any applicable laws;
• Texas Peak Pty Ltd has no obligation to monitor UGC but may do so and may edit. amend or remove UGC in its absolute discretion without notice to you;
• you will not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
• you will not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of this website or any computer software or equipment;
• your UGC shall not contain material that a reader may find offensive, in appropriate, abusive or indecent or otherwise unlawful and will not promote pyramid schemes or chain letters;
• you grant a worldwide, non-exclusive, royalty-free and perpetual licence to Texas Peak Pty Ltd to use and display your UGC on this website, without any compensation or obligation to you; and
• Texas Peak Pty Ltd has no responsibility for your UGC and you agree to indemnify Texas Peak Pty Ltd from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be incurred by Texas Peak Pty Ltd arising out, or in connection with, your UGC.

Notice and Takedown Procedure

If you find content on this website which you think infringes your intellectual property rights or is in breach of these Terms of Use, please notify us via email at [email protected] In the email please specify the following information:

• your name;
• your address;
• your phone number;
• your email address;
• information to allow us to find the relevant content on this website;
• a description of the item or items that you believe is in breach of your intellectual property rights or these Terms of Use, and the reasons for this; and
• where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).

Severability

If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use.

Applicable Law

These Terms of Use are governed by the laws of Victoria, Australia. Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of Victoria, Australia. Texas Peak Pty Ltd makes no representation or warranty that the content of this website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.

Texas Peak Pty Ltd

In these Terms of Use a reference to Texas Peak Pty Ltd is a reference to Texas Peak Pty Ltd (ABN 70 055 241 248) and its related bodies corporate from time to time.