In these terms and conditions, “we” “us” and “our” refers to Cue & Co Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our Website Services
1. All prices are in United States Dollars (USD). We endeavour to ensure that our pricing is accurate and current. Our prices are detailed within the individual product listings and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
2. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
3. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
4. We endeavour to ensure that our product listings are current however we give no undertaking as to the availability of any product advertised on our website.
5. All prices are in United States Dollars (USD). Prices for international orders are GST exclusive. Our prices are detailed within the individual product listings, and we reserve the right to amend our prices at any time.
6. Packaging and postage is an additional charge, calculated at time of purchase in accordance with our shipping policy.
7. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
8. We undertake to accept or reject your order immediately after placing such order, however in some circumstances this may take two (2) business days to process. If we have not responded to you within two (2) business days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that information provided to us appears to be incorrect or payment method has been declined. You will be advised if an item is out of stock.
9. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
10. Delivery or collection of your ordered product/s will be as set out on our website. Please refer to our shipping and collect in-store policies for further information. Title in the goods passes to you when we have received payment. Our terms of payment are set under payments information.
11. All risk of loss or damage to the goods passes to you when we despatch the goods.
Order Cancellation Due To Error
12. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
13. Please refer to our returns policy for terms and conditions.
14. When you visit our website, we give you a limited licence to access and use our information for personal use.
15. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
16. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
17. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metataging or mirroring of our website.
18. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
19. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
20. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
21. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
22. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
23. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
24. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
25. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
26. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
27. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
28. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
29. If a Force Majeure event causing delay continues for more than thirty (30) days, we may terminate this Agreement by giving at least seven (7) days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
30. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
31. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
32. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
It also sets out your rights in relation to accessing the personal information we collect and hold about you.
What personal information do we collect?
Personal information is defined in the Australian Privacy Principles and Privacy Amendment (Enhancing Privacy Protection) Act 2012 and means information or an opinion about an identified individual, or an individual who is reasonably identifiable.
The personal information that Cue collects may include, but is not limited to:
- your name and email address
- home address, billing address and phone numbers
- date of Birth
- the name of the domain from which you access the internet
- the date and time you access our site
- any other information you supply to us.
We will collect personal information from you by lawful and fair means and not in and unreasonably intrusive way.
Collection of Personal Information
Cue collects personal information for the purposes of conducting normal business services. The personal information we collect from you will include information you give us when you:
- Join Cue Club
- Request a return or exchange
- Take out a layby
- Process online purchases and payments
- Create an account to process an online purchase or payment
- Request a repair or replacement
- Provide alteration instructions
- Fill out survey
- Enter a competition
- Contact us via customer service (incl. social media channels)
When you visit our Website, we may place cookies on your browser to enhance and manage our website and improve our business and the services we provide to you.
Cookies can be managed by accessing the individual settings in your browser.
By using the website and agreeing to this policy, you grant us permission to place and store cookies on your browser. Cookies may be used by us to collect the following information:
- your computer's operating system;
- your computer's browser type and capabilities;
- your computer's Internet Protocol (IP) address and geolocation;
- web pages visited, including how you were referred to each web page; and
- web page usage statistics, including the time spent on each web page.
Using and Disclosing Your Personal Information
We will generally use or disclose your personal information only for the primary purpose for which it was collected; or for a related secondary purpose where you would reasonably expect us to use or disclose the personal information for that secondary purpose. We may otherwise use and disclose your personal information if you have given us consent for the use or disclosure or it is required or authorised by law.
Where we make such disclosures, we require these organisations to comply with the National Privacy Principles.
From time to time Cue may publish information on our website, mobile site or via social media about certain Cue customers or members. This information will be limited to the customer or member’s first name and/or last name, city and/or state of residence and members will be notified of this use prior to publishing.
Generally, we use and disclose your personal information for the purpose of providing you with the goods or services that you have requested, or otherwise to enable us to carry out our business as an online retailer of goods and services.
If those purposes for which we have collected the information involve providing personal information about an individual to any third party, we will take appropriate and reasonable steps to ensure any personal information is protected.
We will generally only use personal information for marketing if you have given express or implied consent.
When signing up with any of Cue’s membership platforms, you consent to Cue using your personal information, such as your email address, for direct marketing purposes. This includes sending you correspondence such as newsletters, product information, competitions and promotions, by email, SMS, social media or post. You may opt out of receiving these direct marketing communications, and any variation to your communication preferences, at any time. Once we receive your notice to opt-out of receiving marketing communications, please note it may take up to 7 days for this to be reflected in our systems. During this period you may still receive marketing communications. Our electronic marketing activities will comply with the requirements of the Spam Act 2003 (Cth) and the Australian Privacy Principles and Privacy Amendment (Enhancing Privacy Protection) Act 2012.
You may opt-out of communications at any time by using any of the following options:
- Using the unsubscribe option in the footer of our emails.
- Logging into your online account, select details and edit your Communication Preferences.
- Contact our customer care team to remove you.
You may close or delete your account at any time by using any of the following options:
- Logging into your online account, select Details and click Delete Account.
- Contact our customer care team and request for your account to be deleted.
Sharing Information With Third Parties
We may also provide your information to third parties that provide services to us, including third parties that provide our payment gateway, marketing, logistics and technology support services.
Some of our providers or contractors who we may share personal information with are located overseas, in the USA and Singapore.
Where your personal information is transferred outside Australia we will do so in accordance with APP 8.
Security of Your Personal Information
We take steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse. When no longer required, personal information is destroyed in a secure manner or deleted.
Cue Online uses Secure Socket Layer (SSL) technology, to help ensure that your shopping experience is safe, simple and secure. This encrypts and protects the data you send to us over the internet. If SSL is enabled then you will see a padlock at the top of your browser and you can click on this to find out information about the SSL digital certificate registration.
You will also notice that when you look at the location (URL) field at the top of your internet browser you will see it begin with 'https:' instead of the normal 'http:' - this means that you are in secure mode and environment.
Cue is registered with GeoTrust as an authentic site. This ensures that your information is kept private while being sent from your web browser to our web server.
We do not handle or retain your credit card details when processing transactions. To ensure your details are secure Cue uses Braintree PCI gateway which saves a token to the transaction that is only valid at www.cue.cc.
Access to Your Personal Information and Complaints Procedure
Under the Australian Privacy Principles Privacy Amendment (Enhancing Privacy Protection) Act 2012, you have certain rights to access the personal information we collect and hold about you.
Generally, subject to the exceptions of APP 12.3, we will allow an individual access to the personal information we hold about them within a reasonable time after it is requested. When requesting such access please identify the precise type/s of information requested.
We retain your personal information for as long as it is necessary and relevant for our operations. We may retain personal information from closed accounts to comply with legal requirements, prevent fraud and/or resolve disputes. When determining the maximum duration we retain data we hold, we do so with regard to our legitimate interests to retain the data and our obligation under GDPR to minimise data we hold.
The General Data Protection Regulation provides for rights of access, modification and deletion of your personal information. If you would like to make a request to Cue with regards to the personal information held by us please submit your request in writing to our customer care team here or via post at Cue, Level 7, 50 Holt Street, Surry Hills, NSW 2010.
To make a complaint about a breach of the Australian Privacy Principles, which includes how we handle your personal information, you may contact our Help Centre or write to us at the address provided above. We will endeavor to respond to your complaint within a reasonable time after it is received. If you are not satisfied by our response, you may acquire further information regarding privacy from the Office of the Australian Information Commissioner.
For any questions or concerns please get in touch.
To unsubscribe simply login at https://www.cue.cc/CueClub and update your communication preferences. Alternatively, you can unsubscribe via the link in our emails.
IMPORTANT INFORMATION FOR YOUR PROTECTION WHEN PURCHASING CUE
Cue does not authorise the sale of any products through individuals, unauthorised retail locations, websites or online auction sites, inclusive of Ebay and Facebook Marketplace.
For your own peace of mind when purchasing Cue, only buy through the official channels listed below.
Australia and International
- Cue Online Store:
- Cue Stores
- Select Myer stores and Myer Online
- Select David Jones stores and David Jones Online
- Traffik Boutique, Shepparton
- Cue Online Store: www.cue.com/nz/
- Cue Stores
This is your only guarantee that the Cue styles you are purchasing are genuine and not the result of theft or counterfeit.
Cue takes the suspected sale of unlawfully obtained and counterfeit Cue product very seriously. Any suspicious activity is referred to the police for investigation and further legal action. A number of parties have already been charged by police for selling stolen property from Cue Clothing Co.
To report any concerns or suspected illegal activity, please contact [email protected]. All communication is in strict confidence.
Security and Privacy
To ensure Cue online purchases are secure and protected, all transactions on this site are processed using Braintree. This is an online payment gateway that encrypts your card details in a secure, hosted environment.
Protecting your personal information and the orders placed through Cue Online is our priority.
To help ensure that your shopping experience is safe, simple and secure, Cue Online uses Secure Socket Layer (SSL) technology. This encrypts and protects the data you send to us over the internet. If SSL is enabled then you will see a padlock at the top of your browser and you can click on this to find out information about the SSL digital certificate registration.
You will also notice that when you look at the location (URL) field at the top of your internet browser you will see it begin with 'https:' instead of the normal ‘http:’ - this means that you are in secure mode and environment.
We do not handle or retain your credit card details when processing transactions.
If you would like to know more, view our full Privacy Statement for further details.