Crocs.com.au Terms of Use

• monitor all User-Generated Content;
• require that you avoid certain subjects as we determine in our sole and absolute discretion;
• remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;
• disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or other legal process or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Crocs or others, or to enforce these Terms of Use; and
• terminate your access to and use of this Website, or to modify, edit or block your transmissions thereto in our sole and absolute discretion.

You agree that our exercise of such discretion shall not and does not render us the owners, authors, or creators of User-Generated Content you post, and that you will retain ownership thereof and responsibility for such Content as described in these Terms of Use.

Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:

• upload, post, transmit or otherwise make available
  • any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
  • any User-Generated Content that constitutes or encourages activity that may violate criminal or civil law;
  • any User-Generated Content that is false, misleading, or fraudulent;
  • any User-Generated Content that you do not have a right or permission to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
  • any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
  • any request for or solicitation of any personal or private information from any individual;
  • any request for or solicitation of money, goods, or services for private gain or unlawful purposes;
  • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or that may otherwise compromise the security, integrity, and availability of the Crocs site or information thereon; or
  • any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
• violate any local, state, national or international law, rule or regulation.

8. Removal of User-Generated Content

In general. On certain pages of this Website, we may provide to you a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable User-Generated Content by contacting us using the information provided below. While we do not have any obligation to remove any User-Generated Content from this Website merely because of a removal request, we will review all such requests and will remove User-Generated Content that we determine should be removed, in our sole and absolute discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the User-Generated Content has already been distributed to other websites or users or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the User-Generated Content we remove from this Website may remain on back-up servers.

Violation of copyrights. Crocs does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Website or has been otherwise copied and made available on this Website in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:

• an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on this Website (including the URL, title and/or item number if applicable, or other identifying characteristics);
• your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
• a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Your statement must be addressed as follows:

Copyright Agent Crocs Retail, LLC. 7477 East Dry Creek Parkway Niwot, CO 80503 [email protected]

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

9. Your Feedback

Although we do not claim ownership of User-Generated Content you post using this Website, the Feedback you provide to us through this Website will be and remains our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

10. Links to Other Sites

This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-Crocs website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

11. Our Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Before using this Website please read it carefully. All Personally Identifiable Information provided to us as a result of your access to and use of this Website will be handled in accordance with our Privacy Policy.

12. No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT AND AGREE THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked.

Your statutory rights as a consumer, if any, under federal and state law, including the State of New Jersey, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

13. Exclusion of Liability

To the fullest extent permitted by applicable laws we, on behalf of our officers, directors, employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country, and jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. The limitations and exclusions set out in these Terms of Use are inapplicable within the State of New Jersey to the extent they disclaim liability for Crocs’ own negligent, willful, or intentional conduct, or violation of any clearly established duty owed by Crocs to exercise reasonable care in preventing the unlawful acts of others.

14. Your Obligations

You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Website.

In consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself.

Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact Crocs at [email protected]) and until we are so notified you will remain liable for any unauthorized use of your account.

You agree that we may invoice you and/or bill your credit card when we make the goods you purchased available for shipment at our distribution center and you agree to pay for such goods unless you return them pursuant to our Return Policy. For more information regarding your order, please visit our customer service homepage.

You agree to use the Website in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. Crocs reserves all rights and remedies available to it.

You hereby consent and waive all objections to the exclusive jurisdiction of the courts in the Australia and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

20. Contacting Us

If you have any questions regarding these Terms of Use or any other matter, you may refer to our Customer Service page or email one of our friendly Customer Service Specialists at [email protected].

You may also contact us at:

Crocs Australia Pty Ltd Suites 2.01 Level 2, Building 1 658 Church Street Richmond Victoria 3121 Australia 1800 870 685