Legal/T&C
last updated: Friday 27 July 2018
AGREEMENT TO TERMS OF USE
These Terms of Use apply to the web site located at lateworks.bigcartel.com. The Site is the property of Big Cartel and Late Works Clothing Supply.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Late Works Clothing Supply (lateworks.bigcartel.com) does not accept returns/refunds or exchanges because their manufacturers ship the products so they do not have a processing facility and therefore cannot and is unable to issue refunds. Late Works acknowledges that they should be contacted if the product/s is damaged and will be more than willing to come up with a solution; assuming that the product defect photo and original receipt is submitted to Late Works.
lateworks.bigcartel.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, lateworks.bigcartel.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the site is owned, controlled or licensed by or to lateworks.bigcartel.com and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without lateworks.bigcartel.com’s express prior written consent.
PRIVACY
lateworks.bigcartel.com's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
DISCLAIMERS
lateworks.bigcartel.com DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. lateworks.bigcartel.com CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. lateworks.bigcartel.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. lateworks.bigcartel.com DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY lateworks.bigcartel.com SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST lateworks.bigcartel.com FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
lateworks.bigcartel.com reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will lateworks.bigcartel.com be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if lateworks.bigcartel.com has been advised of the possibility of such damages.
INDEMNITY
You agree to indemnify and hold lateworks.bigcartel.com, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against lateworks.bigcartel.com by any third party due to or arising out of or in connection with your use of the Site.
VIOLATION OF THESE TERMS OF USE
lateworks.bigcartel.com may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) lateworks.bigcartel.com's rights or property, or the rights or property of visitors to or users of the Site, including lateworks.bigcartel.com's customers. lateworks.bigcartel.com reserves the right at all times to disclose any information that lateworks.bigcartel.com deems necessary to comply with any applicable law, regulation, legal process or governmental request. lateworks.bigcartel.com also may disclose your information when lateworks.bigcartel.com determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that lateworks.bigcartel.com may preserve any transmittal or communication by you with lateworks.bigcartel.com through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or lateworks.bigcartel.com determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Late Works, its employees, users of or visitors to the Site, and the public.
You agree that lateworks.bigcartel.com may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to lateworks.bigcartel.com, for which monetary damages would be inadequate, and you consent to lateworks.bigcartel.com obtaining any injunctive or equitable relief that lateworks.bigcartel.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies lateworks.bigcartel.com may have at law or in equity.
You agree that lateworks.bigcartel.com may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If lateworks.bigcartel.com does take any legal action against you as a result of your violation of these Terms of Use, lateworks.bigcartel.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to lateworks.bigcartel.com. You agree that lateworks.bigcartel.com will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use. GOVERNING LAW; DISPUTE RESOLUTION You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Australia. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between lateworks.bigcartel.com and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
VOID WHERE PROHIBITED
lateworks.bigcartel.com administers and operates the lateworks.bigcartel.com Site from its location in Perth, WA, Australia; other sites may be administered and operated from various locations. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations.
lateworks.bigcartel.com reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.
PRIVACY PREVENTION
lateworks.bigcartel.com actively and aggressively enforces its intellectual property rights to the fullest extent of the law.