tERMS & CONDITIONS
TERMS OF SERVICE
This website is operated by Body Armour Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Body Armour Pty Ltd. Body Armour offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or buying something from us, you engage in our “Service” and agree to be bound by the subsequent terms and conditions (Terms of Service). These Terms of Service apply to all users of the site, including without limitation users who are merchants, vendors, customers, contributors of content and browsers.
Please read these Terms of Service thoroughly before connecting to our website. When you access and use this website you agree to be bound by all of the Terms of Service. If you decide that the content or the products available on this site are not for you then you don’t have to access the website or purchase any of the products available. The terms of service are considered an offer and the acceptance is contained to those Terms of Service listed here.
Overtime Body Armour Pty Ltd may decide to update, add or change existing products to our list. These items are also covered by the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. The onus is on the customer to check the website and be up to date with what is current and see if any changes have been made. As outlined once you connect with the site you agree to the existing Terms of Service.
Section 1: ON LINE STORE TERMS
Connecting to this website means that you agree to the Terms of Service. Part of this relationship is that you are of the age of consent in your country/province of residence. Age of consent in Australia is 18. This also means that if you have connected with our website it means that you have approved any of your dependants or minors to use this site.
You are not to use the products we sell on this website for any illegal or unlawful purposes. Do not use the products available on this website for any unlawful practices in your jurisdiction. (This includes copyright)
Do not access this site for alter motives such as Information Technology sabotage or motivations that are destructive in nature. If Body Armour Pty Ltd discover or are altered to a breach or attempted breach of this nature, this will result in the cessation of the relationship.
Section 2: GENERAL CONDITIONS
Body Armour Pty Ltd has the right to stop service for anyone for any cause at any time.
The Customer by entering the site or purchasing any products from the site realises that their content or data (not including credit card information), may be moved unencrypted and involve:
1. Spread over various networks; and
2. Changed to correspond and amended to adhere to technical requirements of connecting networks or devices. Credit Card data will always remain encrypted during movement over networks
When you engage with Body Armour Pty Ltd you agree not to replicate, copy, resell, or take advantage of any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without approved written permission by us.
Section 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
This site may contain old/historical information. This information is for the customer’s reference only. As outlined we can change the content of this site at any time without notifying the customer. The onus is on the customer to review and monitor the site periodically to ensure the information they are reading/referring to is as up to date as possible.
Section 4: MODIFICATIONS OF SERVICES AND PRICES
It is essential that the customer is up to date with checking the website as Body Armour Pty Ltd can do the following without notification;
* Discontinue Services
* Change Prices
* Modify products
* Update Website
* Termination of Service
Section 5: PRODUCTS OR SERVICES
Products can and do sell out. As a consequence, limited stock may be available and therefore return or exchanges of products are dependent on our Return Policy.
Body Armour Pty Ltd is committed to a quality brand and product. The photographs colour and pictures on the website are positioned to represent the product as perfectly truthfully possible. Computer monitors, phones and tablets may display the colours and pictures in a different way depending on quality or settings.
Body Armour Pty Ltd reserves the right but is not obligated to limit sales to any;
* Individual Quantity
As outlined Body Armour Pty Ltd can do the following:
* Discontinue Product
* Change price and product description without notice
* Purchase of discontinued product is void of return or refund
Body Armour Pty Ltd does not guarantee that the product the customer purchase will meet your expectations.
Section 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION
Body Armour Pty Ltd holds the right to decline any order you place with us. At our discretion we may cap or cancel quantities bought per person, per household or per order.
These restrictions may include;
* Orders made by the customer account
* Same credit card
* Orders that use the same billing and/or shipping address
* If we judge that orders are being purchased by dealers, sellers or distributors.
Body Armour Pty Ltd expects the customer to provide up to date and correct purchase information. This is crucial for us to complete your transaction and you receiving our product.
Customers must ensure the following items are accurate;
* Email Addresses
* Credit Card Numbers
* Expiry Dates
* Postal Address
* Contact Phone Number
Body Armour Pty Ltd may decide to contact you by email/phone if we have to change/cancel an order. If you require more detail please see our Returns Policy.
Section 8: THIRD PARTY LINKS
Part of doing business on the internet is the transfer of data between third parties outside the Business Owner/Customer relationship. As a result third party links contained on the Body Armour Pty Ltd Website may direct you to website that is not connected with us. As a result we are not we are not responsible for the content or accuracy of these sites and no have liability or accountability for;
* damaged or defective products which may be purchased on a 3rd party site
* financial transactions made on a 3rd party site
Body Armour Pty Ltd will not respond to any complaints, claims, concerns, or questions regarding third-party products. They should be directed to the third-party.
Section 9: USERS COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Giving and receiving feedback is fundamental in doing business. Body Armour Pty Ltd is open to receive comments, feedback or other suggestions both positive and negative from customers. We review this to assist us continuously improve our product and how we operate. This is normally collected by email or post. This information may be used at any time in any part of our business both online and/or otherwise. We decide if and when we are going to publish, translate or disperse any of this information.
Body Armour Pty Ltd is not responsible to;
1. Secure comments in confidence
2. Reimburse for any comments
3. Reply to any comments
4. Display any comments
Body Armour Pty Ltd decides what content we reveal and has the right remove anything we feel is unlawful, threatening, defamatory, pornographic or obscene and is detrimental or derogatory towards our brand, products or service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. In addition you agree that your comments will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not;
* Use a false e-mail address
* Pretend to be someone other than yourself,
* Mislead us or third-parties as to the origin of any comments.
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: ERRORS INACCURACIES AND OMISSIONS
From time to time there may be information on our website or our service that contains errors, omissions that may relate to product descriptions, promotions, offers, product shipping charges and availability.
We hold the right to;
* Amend any errors, inaccuracies or omissions that relate to product descriptions, promotions, offers, product delivery charges and availability
* Cancel orders due to inaccuracy of website at anytime time without notice (including after you have placed an order).
* Not update, amend or clarify information on the website unless required by law. For example, pricing.
Update to the website can take time. Body Armour Pty Ltd does not guarantee that changes to one part of the website will automatically refresh all the relevant sections straight away.
Section 11: PROHIBITED USERS
You are forbidden from using the site or its content for:
(a) Any unlawful purpose;
(b) To ask others to perform or participate in any unlawful acts;
(c) To violate any international, federal, provincial or state regulations, rules, laws, or local regulations;
(d) To steal or break our intellectual property rights or the intellectual property rights of others;
(e) To harass, exploit, offend, damage, deprecate, smear, ridicule, bully, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) To tender false or misleading information;
(g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) To gather or pursue the personal information of others;
(i) To spam, phish, harm, pretext, spider, crawl, or scrape;
(j) For any obscene or dishonest purpose; or
(k) To interfere with or evade the security features of the Service or any connected website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 12: DISCLAIMER OF WARRANTIES: LIMITATION OF LIABILITIES
Body Armour Pty Ltd does not;
* Promise that your use of our service will be uninterrupted, timely, secure or error-free.
* Guarantee that the results that may be obtained from the use of the service will be accurate or consistent.
You agree that;
* Body Armour Pty Ltd may periodically disconnect the service for indefinite periods of time or cancel the service at any time, without notifying the customer.
* Your use of, or inability to use, the service is at your own risk.
* The service and all products and services delivered to you provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Body Armour Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any;
With regard to damages Body Armour Pty Ltd is not liable for any;
* Special or consequential damages of any kind
These damages include;
* Lost profits
* Lost revenue
* Lost savings
* Loss of data
* Replacement costs
Damages could be based on;
* Tort (including negligence)
* Strict liability or otherwise
Damages may rise from the customer use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any:
* errors or omissions in any content,
* loss or damage of any kind incurred as a result of the use of the service
* content (or product) posted transmitted, or otherwise made available via the service, even if advised of their possibility.
Some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 13: INDEMNIFICATION
You agree to indemnify, defend and hold Body Armour Pty Ltd and our directors, agents, contractors, subcontractors, suppliers and employees harmless from any claim or demand including reasonable legal fees, made by any 3rd party due to or arising out of your breach of these Terms of Service or the documents they refer to by reference, or your violation of any law or the rights of a third party.
Section 14: SEVER-ABILITY
In the instance that part of the Terms of Service is deemed to be unlawful, void or unenforceable, such aspects will nevertheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed to be cut off from these Terms of Service; such determination shall not affect the validity and enforce-ability of any other remaining parts.
Section 15: THE ENTIRE AGREEMENT
Body Armour Pty Ltd decides when to apply or impose any right or provision of these Terms of Service. If we don’t apply these Terms of Service it doesn’t mean these are waived.
These Terms of Service and any polices or operational rules posted by Body Armour Pty Ltd on this website represent the entire agreement and understanding between you and us and govern the customers use of the service. This replaces any prior or simultaneous agreements whether oral or written between you or us (this includes but isn’t limited to prior versions of the Terms of Service).
These Terms of Service and any policies or operating rules posted by us on this site 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 simultaneous 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 shall not be interpreted to be against the drafting party.
Section 16: Governing Laws
These Terms of Service and any separate agreements whereby Body Armour Pty Ltd provide you Services shall be governed by and construed in accordance with the laws of Australia.
Section 17: CHANGES TO TERMS OF SERVICE
The most up to date version of the Terms of Service is displayed on our website on this page. As already outlined holds Body Armour Pty Ltd the right to change or replace any part of the Terms of Service by posting updates and changes to the website. It is up to the customer to check the website regularly for changes to these Terms of Service. By logging onto our website this constitutes acceptance of those changes.
Section 18: QUESTIONS REGARDING TERMS OF SERVICE
Any questions/queries about the Terms of Service are sent to the customer care email.
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