Terms of service
OVERVIEW
Welcome to Crank Caps! The terms “we”, “us” and “our” refers to AAPS Services Group Pty Ltd (ACN 660 721 746) trading as Crank Caps (“Crank Caps”) . Crank Caps operates this store and website accessed from <https://crank-caps.com.au> (“Website”), including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Crank Caps is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”):
- describe your rights and responsibilities when you use the Website and Services; and
- Govern your access to and use of the Website and Services as well as your purchase of all goods made available for sale through our Website and Services (“Products”).
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services or accessing or using our Website (including creating an account, or placing an order through the Website), you agree to be bound by these Terms of Service as well as:
- our Shipping Policy accessed from here;
- our Refund Policy accessed from here; and
- our Privacy Policy accessed from here,
as published on the Website from time to time.
If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services or use, access or order products through our Website.
To the extent of any inconsistency:
- the Refund Policy will prevail in relation to returns, refunds and exchanges;
- the Shipping Policy will prevail in relation to shipping, dispatch and delivery matters; and
- the Privacy Policy will prevail in relation to the collection, use and disclosure of personal information.
In all other circumstances, these Terms will prevail.
SECTION 1 - ACCESS AND ACCOUNT
You must only use the Website or Services for lawful purposes and in accordance with these Terms.
By agreeing to these Terms of Service, you represent and warrant that you are at least 18 years of age (or such other age of majority in your state or province of residence) and have legal capacity to enter into a binding agreement, and if you are under 18 years of age, you have the consent of a parent or guardian to use the Website and Services and place the order.
To use the Website and Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You may also be required to create an account to access certain features of the Website or Services or place orders. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security and confidentiality of your account credentials and for all of your account activity. You must notify us promptly if you become aware of any unauthorised use of your account or any security breach. You may not transfer, sell, assign, or license your account to any other person. We may suspend or terminate an account if the information provided is inaccurate or misleading, there is suspected unauthorised activity, fraud or misuse, or there has been a breach of these Terms.
SECTION 2 - OUR PRODUCTS
We aim to ensure that information on the Website and provided as part of our Services is accurate, current and complete. However, to the maximum extent permitted by law, we do not warrant that the Website or Services will always be available, secure or free from errors; the content forming part of the Website or Services is free from inaccuracies, omissions or typographical errors; or product descriptions, images, specifications, colours, dimensions or compatibility information are always complete or error-free.
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that images of Products on the Website are for illustrative purposes only. Actual Products may vary slightly in appearance, colour, packaging or branding, including due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. You are responsible for assessing whether a Product is suitable for your intended purpose, including compatibility with any bicycle, equipment or accessory.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. We may correct any error, inaccuracy or omission on the Website at any time without prior notice, including after an order has been submitted.
Products supplied through our Services must be used strictly in accordance with:
- any instructions, specifications, warnings or manuals supplied with the Product; and
- any applicable laws, regulations, standards and industry guidance.
You are responsible for ensuring that Products are installed, fitted and used correctly and safely.
To the extent permitted by law, we are not liable for loss, damage, injury or expense arising from:
- misuse of a Product;
- improper installation or maintenance;
- use of a Product in a manner contrary to instructions or intended purpose or with incompatible equipment.
SECTION 3 - ORDERS
The display of Products on the Website or as part of our Services constitutes an invitation to treat only and is not a binding offer to sell. When you place an order through our Services and/or Website, you are making an offer to purchase the selected Products on these Terms. Crank Caps reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until payment has been received or authorised and we issue a notice of acceptance, dispatch confirmation, or otherwise indicate acceptance of the order. We must receive and process your payment before your order is accepted. Receipt by Crank Caps of any form of payment other than the methods required by these Terms (or as otherwise agreed from time to time) will not be deemed to be payment until that payment has been honoured, cleared or recognised. We may, in our discretion, refuse or cancel any order before acceptance, including where a Product is unavailable, there is an error in the price or description of a Product, the order appears fraudulent or unauthorised, there has been a breach of these Terms, or we are unable to process payment. Please review your order carefully before submitting, as Crank Caps may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Returns, exchanges, refunds and change-of-mind requests are governed by our Refund Policy page and the Australian Consumer Law.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
All prices displayed on the Website and Services are in Australian dollars unless stated otherwise.
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, GST, shipping, handling, customs or import charges. If the whole or any amount paid under these Terms is the consideration for a taxable supply, you are liable for all GST in relation to that supply and must pay Crank Caps an additional amount equal to the first mentioned amount multiplied by the rate of GST. You must pay for all Products at the time of placing the order using a payment method made available on the Website.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. A promotion may be cancelled or refused where there is misuse, fraud, technical error or breach of these Terms.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card (or other relevant payment method) for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any. If a payment is declined, reversed, charged back or otherwise not received, we may refuse to dispatch the Products, cancel the order; or recover any outstanding amount as a debt due and payable.
SECTION 5 - SHIPPING AND DELIVERY
Shipping, dispatch and delivery are governed by our Shipping Policy page.
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.. For further details regarding shipping and delivery, including risk allocation and exclusions, please refer to our Shipping Policy page. Except as required by Australian Consumer Law, Crank Caps is not liable for any loss or damage to goods after dispatch to the carrier.
Risk in any products passes to you on delivery to the delivery address nominated in your order, or on collection if the Products are collected by you or on your behalf. Delivery will be deemed to have taken place upon you taking possession of the relevant Products. Title to the passes to you only when we have received payment in full for the relevant Products and any applicable delivery charges.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services and Website, including but not limited to all trademarks, brands, logos, text, displays, images, graphics, product reviews, business and product names, copyright, patents, drawings, discoveries , inventions, improvements, trade secrets, technical data, know how, video, software, and audio, and the design, layout, selection, and arrangement thereof (“Intellectual Property”), are owned or licensed by Crank Caps, its affiliates or licensors and are protected by Australian and international patent, copyright, trademark and other intellectual property laws. Unauthorised use may constitute a breach of Australian law and may result in civil or criminal liability.
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to use the Website and Services to the extent necessary for your personal, non-commercial use only. You must not, without our prior written consent, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, exploit, commercialise or transmit any of the material on the Services; use any trade mark, business name or logo appearing on the Website; or exploit any Website content for commercial purposes.
You must not do anything which adversely affects our Intellectual Property, nor use, exploit, commercialise or otherwise deal with that Intellectual Property without the prior written permission of Crank Caps. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools to the extent permitted by law.
Any use by you of the optional tools offered through the site 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(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites, platforms or services, (including payment gateways, delivery providers or social media sites) provided or operated by third parties (including any embedded third party functionality) (Third Party Services). Those Third Party Services are not under our control and we are not responsible for examining or evaluating the content, availability, conduct, products, services or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk and your use of any Third Party Services are governed by that third party’s terms and policies.
To the extent permitted by law, we are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Crank Caps is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Crank Caps. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Crank Caps, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Crank Caps.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, or placing an order, you acknowledge that you have read these privacy policies and that your personal information may be handled in accordance with the Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy here for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, comments, images, testimonials, proposals, plans, or other content to us or through our Services (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free, transferable license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; (iii) the Feedback is accurate and not misleading or deceptive; and (iv) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit, decline to publish or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice (including after you have submitted your order). If your order is cancelled due to an error or inaccuracy, we will notify you promptly using the contact details provided at the time of purchase and arrange a refund in accordance with our Refund Policy page.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You must not engage in fraudulent activity, make false claims regarding products or services, misuse our refund or shipping processes, or attempt to circumvent our policies. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Crank Caps, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may suspend, restrict or terminate this agreement or your access to the Services (or any part thereof), or cancel your account immediately in our sole discretion at any time without notice (including if you breach these Terms, we reasonably suspect fraud, unlawful conduct or misuse, or it is necessary to protect our Services, our business, other users or third parties), and you will remain liable for all amounts due up to and including the date of termination. Termination does not affect any rights or liabilities accrued before termination. If your order is affected by termination, we will notify you regarding any outstanding orders or refunds in accordance with our Refund Policy page and applicable law.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY CRANK CAPS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY CONSUMER GUARANTEES, RIGHTS OR REMEDIES CONFERRED BY THE AUSTRALIAN CONSUMER LAW (ACL) OR ANY OTHER APPLICABLE LAW THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY AGREEMENT. TO THE EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES AND CONDITIONS ARE EXCLUDED.
SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO CLAUSE 16A, WE EXCLUDE ALL CONDITIONS, WARRANTIES, GUARANTEES, RIGHTS AND REMEDIES, LIABILITIES AND OBLIGATIONS THAT MAY OTHERWISE BE IMPLIED INTO THESE TERMS BY STATUTE, GENERAL LAW, CUSTOM OR USAGE.
TO THE FULLEST EXTENT PROVIDED BY LAW, AND SUBJECT TO CLAUSE 16A, IN NO CASE SHALL CRANK CAPS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE OR ANY PRODUCT IS LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU FOR THE RELEVANT PRODUCT AND RESUPPLYING THE RELEVANT PRODUCT OR PAYING THE COST OF HAVING THE RELEVANT PRODUCT RESUPPLIED, EXCEPT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW. THIS DOES NOT APPLY TO FRAUD OR MISCONDUCT, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE LIABILITY CANNOT BE LAWFULLY EXCLUDED OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED.
SECTION 16A – STATUTORY GUARANTEES
Certain laws, including the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), provide guarantees, warranties and rights that cannot be excluded, restricted or modified. Nothing in these Terms excludes, restricts or modifies any non-excludable guarantee, right or remedy you may have under the Australian Consumer Law or other applicable legislation.
Where you acquire goods from us as a consumer for the purposes of the Australian Consumer Law, the following notice applies:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
SECTION 17 - INDEMNIFICATION
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Crank Caps, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, costs or expenses or claims, including reasonable legal costs payable to any third party due to or arising out of or in connection with (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of any person, or (3) your access to and use (or misuse) of the Services. This clause does not apply to the extent that the relevant loss or liability was caused by our negligence, fraud, wilful misconduct, or breach of law.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, invalid, illegal, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
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 in relation to their subject matter (except to the extent supplemented by any policy expressly incorporated by reference) and governs 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 shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, novate or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate our rights and obligations (including as part of a business restructure, sale or transfer or assets) under these Terms without your consent or notice. Any such assignment will not affect your rights under the Australian Consumer Law.
SECTION 21 – ELECTRONIC COMMUNICATION
You consent to receive communications from us electronically, including by email, SMS, website notification or other electronic means, for the purpose of administering your account, processing orders, providing notices and supplying customer support.
You acknowledge that electronic communications satisfy any legal requirement that such communications be in writing, to the extent permitted by law.
SECTION 22 – FORCE MAJEURE
We are not liable for any delay or failure to perform any obligation under these Terms where the delay or failure arises from an event beyond our reasonable control, including act of God, fire, flood, storm, epidemic, pandemic, war, civil disturbance, industrial action, interruption to transport, interruption to utilities, cyber incident, government action or supply shortage.
SECTION 23 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia. You and Crank Caps consent to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
SECTION 24 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, amend or replace any part of these Terms of Service by posting and/or publishing updates and changes to our website. The amended Terms will take effect from the date they are published, unless stated otherwise. We will notify you of any material changes to these Terms via email or prominent notice on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. The Terms that apply to an order are the Terms in effect at the time the order is submitted.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us here.