Terms and Conditions of Service
THE FOLLOWING TERMS AND CONDITIONS OF SERVICE AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH THE COMPANY OFFERS ITS SERVICE TO YOU.
This document is the Terms and Conditions of Service Agreement (the “Agreement”) for https://www.mancaveidea.com.au (the "Website") owned and operated by HOODLUM CLOTHING COMPANY (the “Company”). This Agreement is a legally binding contractual agreement made between you and the Company. Please read this Agreement carefully before using the Service. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you use any part of the Service. Throughout the Website, the terms “we,” “us” and “our” are used to refer to Company as the content and context requires.
By using or receiving any service supplied to you by Company or any of its associated third-party licensors, payment processors, content providers or service providers, including without limitation, the Website, features or tools available via the Website store or any other service or feature available via the Website (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the terms and conditions hereof, as well as any future revisions as published through the Service. The Company offers the Website and Service to you contingent on your acceptance of all terms, conditions and policies contained in this Agreement. Your access to or use of any part of the Website or Service indicates that you have read and understand this Agreement, accept all of its terms and agree to be bound thereby. In the event you do not agree to all the terms, conditions and policies of this agreement, you may not access the Website or Service.
You can review the most current version of this Agreement at any time via this URL. We reserve the right to update, change or replace any part of this Agreement by publishing updates or changes via the Website. It is your responsibility to check this URL periodically for changes. Your continued use of or access to the Website or Service following the publication date of any changes constitutes your acceptance of such changes.
Company’s Website store is hosted by Shopify Inc., which provides the online e-commerce platform that enables the sale of Company’s products and services to you.
Company may be reached by email at email@example.com or via the support system available via the Website.
SECTION 1 - WEBSITE AND ONLINE STORE TERMS
By using the Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits. Without limiting the foregoing, the Service are not available to persons under eighteen (18) years of age. You expressly represent and warrant that you are at least eighteen (18) years old and you hereby give us your consent to allow any of your minor dependents to use the Website.
All payments will be facilitated through Company's third-party payment processing service and any associated payment processor. Company may seek authorization of your credit card to validate your ability to pay any applicable charges prior to a purchase. The authorization is not a charge, however, the authorization may reduce your available credit by the authorization amount until your bank's next processing cycle.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of this Agreement will result in an immediate termination of your user account and use of the Service. Your use may thereafter be banned or blocked at Company's sole and absolute discretion.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse access to the Service to anyone and may impose transaction or usage limits at any time in our sole and absolute discretion.
You understand that your content (not including credit card information), may be transferred in an unencrypted manner and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or use or access any portion thereof without Company’s prior express written permission.
Your use of the Service is for your sole personal use. You may not authorize others to use your account and may not assign or otherwise transfer your account to any other person or entity.
You agree to comply with all applicable laws governing the use of the Service in your jurisdiction.
By using the Application or the Service, you agree that you will not:
use the Service for any unlawful purpose;
use the Service for sending or storing any unlawful material or for fraudulent purposes;
use the Service to cause nuisance, annoyance or inconvenience;
impair the proper operation of any network;
damage or attempt to damage the Service, Website, Company or any third-party in any way whatsoever;
copy or distribute the Service or other content without written permission from Company;
use the Service for any use except your own and will not resell or attempt to resell any party of the Service to any third-party;
provide false or misleading information to Company and will provide whatever proof or evidence of identity Company may reasonably request;
use any Wi-Fi access point or mobile data account without authorization to do so;
imply or state, directly or indirectly, that you are affiliated with or endorsed by Company without express written permission;
use the Service to impersonate another person;
send messages using the Service which do not correctly identify the sender and will not alter the attribution of origin in email messages or postings;
publish content, nor a link to any content, that is pornographic, sexually explicit, obscene or violent;
breach this Agreement or any other Agreement you have entered into with Company or any third-party;
violate any law, statute, ordinance or regulation, including without limitation, those governing financial services, consumer protection, unfair competition, anti-discrimination or false advertising;
act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
create more than one account, an account using a name that is not yours, use a temporary email address or phone number or provide any other false information;
send or receive what Company reasonably believes to be fraudulent or potentially fraudulent funds;
use an anonymizing proxy;
conduct your business or use the Service in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties or other liability to Company, other users, a third-party or you; nor
use the Service to make transactions for the purpose of earning rewards, perks, miles, points or any other benefits with your credit card, debit card or bank account.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We are not responsible if information made available via the Service is inaccurate, incomplete or not current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information is not guaranteed to be current and is provided for general informational purposes only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
You consent to Company’s use of your information to create an account that will allow you to use the Service. You are solely responsible for any information you provide to Company and your interactions with other people or third-parties via the Service and hereby expressly acknowledge and agree that Company acts only as a passive conduit for any transmitted information.
You agree to provide accurate, current and complete information and to maintain and timely update all information to keep it accurate, current and complete at all times. You agree that Company and third-parties may rely on any information you submit as accurate, current and complete. You acknowledge that if any information supplied by you is untrue, inaccurate, not current or incomplete in any respect, Company may immediately terminate this Agreement and your use of the Service.
SECTION 4 - MODIFICATIONS TO THE SERVICE & PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service, or any portion thereof, without notice at any time. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS
Certain products may be available exclusively online through the Website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this Website is void where prohibited.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING & ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card or orders that use the same billing or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.
We may also, in the future, offer new services or features through the Website, including without limitation, the release of new tools and resources. Such new features or services will also be subject to the terms, conditions and policies contained herein.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites or for any other materials, products or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party Websites. Please review carefully the third-party's terms, conditions and policies and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, the “Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments. We are and will be under no obligation to maintain any Comments in confidence, to pay compensation for any comments or to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES & OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.
SECTION 12 - INTELLECTUAL PROPERTY
Company owns and retains ownership in the Service and all intellectual property rights associated therewith or contained therein. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors.
You will not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Service in any way; modify or make derivative works based upon the Service; create Internet "links" to the Service or "frame" or "mirror" any data or application on any other server or wireless or Internet-based device; use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service; reverse engineer or access the Service in order to build a competitive product or service or for any other reason, build a product using similar ideas, features, functions or graphics of the Service; copy any ideas, features, functions or graphics of the Service or launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms or any program which may make multiple server requests per second or unduly burdens the operation or performance of the Service. Any attempt to do any of the foregoing is a violation of Company’s rights. In such event, you may be subject to prosecution and civil damages.
You will not send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights; send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Service or the data contained therein; or attempt to gain unauthorized access to the Service or its systems or networks.
Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting your who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Service, or to review or edit any information you submit, but has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any content, at its sole and absolute discretion, considers to be in violation of this Agreement or otherwise harmful to the Service.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit you information via the Service. By making available any such content via the Service, you hereby grant Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such content on, through or by means of the Service. Company does not claim any ownership rights in any such content and nothing in this Agreement will be deemed to restrict any rights you may have to use and exploit any portion thereof.
You acknowledge and agree that you are solely responsible for all content that you make available through the Service. Accordingly, you represent and warrant that you are either the sole and exclusive owner of all such content or have all rights, licenses, consents and releases necessary to grant a license to Company to use such content and that neither such content nor your posting, uploading, publication, submission or transmittal of the such Content nor Company’s use thereof on, through or by means of the Service will infringe, misappropriate or violate any third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law.
Company and its licensors where applicable, reserve the rights to and own all right, title and interest, including all related intellectual property rights, in and to the Service and any associated works, data or information embodied therein and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any third-party relating to the Service. This Agreement is not a sale and does not convey any rights of ownership in or related to the Service or any intellectual property rights owned by Company. Company’s name, logo and product names associated with the Service are trademarks of Company and no right or license is granted to use them.
SECTION 13 - DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE WILL MEET THE USER REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET THE USER REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED OR (F) THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE IS PROVIDED TO THE USER STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY. COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD-PARTIES THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
COMPANY'S SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS and PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT WILL COMPANY OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND, INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. NEITHER COMPANY NOR ITS LICENSORS WILL BE LIABLE IN ANY WAY FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY THE USER, INCLUDING ANY LOSS, DAMAGE OR INJURY OF ANY KIND WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH, THE SERVICE, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SERVICE, ANY RELIANCE PLACED BY THE USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE OR IS REFERRED THEREBY, EVEN IF COMPANY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY MAY INTRODUCE THE USER TO THIRD-PARTY PROVIDERS FOR THE PURPOSES OF PROVIDING ACCESS TO THE SERVICES PROVIDED BY THE THIRD-PARTY PROVIDER. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY PROVIDER AND THE USER EXPRESSLY WAIVE AND RELEASE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY PROVIDER. THE USER ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS PROVIDING SERVICES REQUESTED THROUGH THE SERVICE MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN THE USER AND ANY THIRD-PARTY PROVIDER. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN THE USER AND THE THIRD-PARTY PROVIDER. RESPONSIBILITY FOR THE DECISIONS THE USER MAKE REGARDING SERVICES OFFERED VIA THE SERVICE, WITH ALL ITS IMPLICATIONS, RESTS SOLELY WITH THE USER. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD-PARTIES AND THE USER EXPRESSLY WAIVE AND RELEASE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION OR DAMAGES ARISING FROM THE USE OF THE SERVICE OR IN ANY WAY RELATED TO THE THIRD-PARTIES INTRODUCED TO THE USER BY THE SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY ANALOGOUS LAW OF ANY OTHER STATE OR COUNTRY WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE QUALITY OF THE SERVICES AND PRODUCTS OFFERED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THIRD-PARTY PROVIDERS WHO ULTIMATELY PROVIDE SUCH SERVICES AND PRODUCTS. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO SERVICES AND PRODUCTS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
SECTION 14 - INDEMNIFICATION
You will defend, indemnify and hold Company and its officers, directors, employees, agents and any third-parties harmless for any losses, costs, liabilities and expenses, including reasonable attorney fees, relating to or arising out of your use of the Service, including without limitation, your breach of this Agreement or the documents it incorporates by reference; your violation of any law or the rights of any third-party; any allegation that any materials that you submit to Company or transmit via the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third-party; and any other activities in connection with your use of the Service. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
SECTION 15 - EXPORT CONTROL
You agree to comply fully with all applicable export laws and regulations to ensure that neither the Service nor any technical data related thereto or product thereof is exported or re-exported directly or indirectly in violation of or used for any purposes prohibited by such laws and regulations. By using the Service, you represent and warrant that you are not located in a country that is subject to government embargo or that has been designated by any government as a “terrorist supporting” country and are not listed on any government list of prohibited or restricted parties.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date hereof will survive the termination of this Agreement for all purposes.
This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time by notice that you no longer wish to use or by ceasing to use the Service.
If, in our sole judgment, you fail or we suspect that you have failed, to comply with any term or provision of this Agreement, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. Accordingly, we may deny you access to the Service, or any part thereof, at any time.
SECTION 17 - GENERAL PROVISIONS
The failure of Company to exercise or enforce any right or provision hereof will not constitute a waiver of such right or provision.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion will be deemed to be severed from this Agreement and such determination will not affect the validity and enforceability of any other remaining provisions.
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
No joint venture, partnership, employment or agency relationship exists between you, Company or any third-party as a result of you consent to this Agreement or your use of the Service.
SECTION 18 - GOVERNING LAW
This Agreement and any separate agreements whereby we provide you Services will be governed by and construed in accordance with the laws of the State of Queensland and Australia.
SECTION 19 - DISPUTE RESOLUTION
You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this section will be deemed void. Except as specifically provided in the preceding sentence, this section will survive any termination of this Agreement.
Unless you and Company otherwise agree, the arbitration will be conducted in the county where Company is located solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. The arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator’s award damages must be consistent with the terms and conditions hereof regarding the type and amount of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Any party that prevails in arbitration will be entitled to an award of attorney fees and expenses, to the extent provided under applicable law.
SECTION 20 - SHIPPING
We ship products world wide. Free delivery in Australia. Postage fees apply to all countries outside Australia.
SECTION 21 - CONTACT INFORMATION
Effective Date: 4th August 2019.