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1.1. Welcome to versatilejackets.com (the 'Website'). The Website provides you with an opportunity to browse, customize and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2. The Website is operated by Versatile Jackets. Access to and use of the Website, or any of its associated Products or Services, is provided by Versatile Jackets. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or of any Services, immediately.
1.3. Versatile Jackets reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Versatile Jackets updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend that you keep a copy of the Terms for your records.
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Versatile Jackets in the user interface.
3.1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
3.2. You warrant that any information you give to Versatile Jackets in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Website ('Customer') and agree to be bound by the Terms. As a Customer you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
4.1. As a Customer, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
5.1. Versatile Jackets Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
5.2. You may make a claim under this clause (the ' Warranty Claim ') for material defects and workmanship in the Products within 30 days from the date of purchase (the ' Warranty Period').
5.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Versatile Jackets showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Versatile Jackets.
5.4. Where the Warranty Claim is accepted then Versatile Jackets will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
5.5. The Warranty shall be the sole and exclusive warranty granted by Versatile Jackets and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
5.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
5.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
5.8. Any natural marks on garments, i.e. e.g. Some products, specifically those made of plastic & leather, will have naturally occurring scratches, scuff marks and blemishes from the manufacturing process which are considered normal and acceptable.
6.1. You acknowledge that the Purchase Services offered by Versatile Jackets integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers').
6.2. In providing the Purchase Services, Versatile Jackets may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Versatile Jackets is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
6.3. In the event that an item is lost or damaged in the course of the Delivery Services, Versatile Jackets asks that you contact us outlining in what way the Products were damaged in transit, so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
7.1. The Website, the Purchase Services and all of the related products of Versatile Jackets are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Versatile Jackets or its contributors.
7.2. Versatile Jackets retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
7.3. You may not, without the prior written permission of Versatile Jackets and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
7.4 You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners.
7.5 Versatile Jackets respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, and suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law.
7.6 Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the versatilejacket.com site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Versatile Jackets.
Versatile Jackets is the owner of the Versatile Jackets trademark; other trademarks made available through our site, including logos, slogans, color schemes and design trademarks, are licensed for use by Versatile Jackets from Institutions and other third parties (the "Licensed Marks")
Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. Versatile Jackets retains the right to display such designs or offer them (or variations of such designs) to other customers
The customer owns: - their personal data - their organisations IP, even if included in their design (such as school / corporate logos)
7.7 Click here to view our Digital Millennium Copyright Act (DMCA) Policy.
Versatile Jackets takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Versatile Jackets Privacy Policy.
8.1 Click here to view our Privacy Policy and Cookie Policy.
9.1. You acknowledge that Versatile Jackets does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
9.2. Versatile Jackets will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes and colours may differ from what is displayed on the Website.
9.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.4. Subject to this clause, and to the extent permitted by law:
9.5. Use of the Website, the Purchase Services, and any of the products of Versatile Jackets (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Versatile Jackets, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Versatile Jackets(including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Versatile Jackets referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
10.1. Versatile Jackets total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Versatile Jackets is the resupply of information or Purchase Services to you.
10.2. You expressly understand and agree that Versatile Jackets, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
10.3. Versatile Jackets is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Versatile Jackets, by third parties or by any of the Purchase Services offered by Versatile Jackets.
10.4. You acknowledge that Versatile Jackets does not provide the Delivery Services to you and you agree that Versatile Jackets will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
11.1. The Terms will continue to apply until terminated by either you or by Versatile Jackets as set out below.
11.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Versatile Jackets via email to your Account Manager.
11.3. Versatile Jackets may at any time, terminate the Terms with you if:
11.4. Subject to local applicable laws, Versatile Jackets reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Versatile Jackets's name or reputation or violates the rights of those of another party.
11.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Versatile Jackets have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
12.1. You agree to indemnify Versatile Jackets, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
13.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
13.2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
13.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
13.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Purchase Services offered by Versatile Jackets is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
