TERMS OF SERVICE

OVERVIEW

Welcome to Cowboy Culture. The terms “we”, “us” and “our” refer to Cowboy Culture.

Cowboy Culture operates this store and website, including all related information, content, features, tools, products and services offered to you through the website (the “Services”). Our online store is powered by Shopify.

These Terms of Service, together with any policies referenced within them, describe your rights and responsibilities when using our Services.

Please read these Terms carefully before accessing or using our website.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy:

Privacy Policy:
https://www.cowboysculture.com/policies/privacy-policy

If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state, territory, province or country of residence, or that you have the consent required to allow any minor dependants to use the Services.

To use certain Services, make purchases or create an account, you may be required to provide information including your name, email address, billing information, shipping information and payment details.

You agree that all information you provide is accurate, current and complete.

You are responsible for maintaining the confidentiality and security of your account information and credentials and for activity occurring through your account.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to accurately display and describe our products.

However, colours, sizing and product appearance may vary slightly depending on your device, screen settings, manufacturing process and fulfilment provider.

Product descriptions, prices, colours, sizes and availability may be updated without notice.

We reserve the right to modify or discontinue products and to limit quantities or sales to particular people, locations or jurisdictions where permitted by law.

SECTION 3 — ORDERS

When you place an order with Cowboy Culture, you are making an offer to purchase the products in your order.

We reserve the right to accept, decline or cancel an order where reasonably necessary, including because of product availability, payment issues, pricing errors, suspected fraud or other legitimate business reasons.

An order is not considered accepted until payment has been successfully processed and the order has been confirmed.

Because many Cowboy Culture products are made to order, production may begin shortly after purchase.

Please review your order carefully before submitting it.

Your purchases are also subject to our Refund Policy:

Refund Policy:
https://www.cowboysculture.com/policies/refund-policy

Nothing in these Terms limits any rights you may have under the Australian Consumer Law or other applicable consumer protection laws.

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions may change without notice.

The price charged for a product will generally be the price displayed at the time your order is placed.

Shipping costs, taxes, duties or other applicable charges may be added where relevant and will be displayed at checkout where possible.

You agree to provide current, complete and accurate billing and payment information.

You represent that you are authorised to use any payment method submitted when placing an order.

SECTION 5 — SHIPPING AND DELIVERY

Shipping and delivery times shown on our website are estimates only.

Because our products may be fulfilled by third-party print-on-demand providers, production and delivery times can vary depending on the product, destination and fulfilment location.

We are not responsible for delays caused by shipping carriers, customs authorities, weather events or circumstances outside our reasonable control.

For more information, please see our Shipping Policy:

https://www.cowboysculture.com/policies/shipping-policy

Nothing in this section excludes rights available to consumers under applicable law.

SECTION 6 — INTELLECTUAL PROPERTY

Unless otherwise stated, the content available through Cowboy Culture, including our original branding, logos, graphics, artwork, photographs, product designs, written content, videos and website material, is owned by or licensed to Cowboy Culture.

This content may be protected by copyright, trade mark and other intellectual property laws.

You may access our website for your personal and non-commercial use.

You must not reproduce, distribute, modify, republish, sell, commercially exploit or create derivative works from our protected content without our prior written permission, except where permitted by law.

The Shopify name, logo and related marks belong to Shopify or its licensors.

Other third-party names and trade marks appearing on the Services remain the property of their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools, applications or services supplied by third parties.

We do not necessarily monitor or control those third-party tools.

Your use of third-party tools may also be subject to the terms and policies of the relevant provider.

Where permitted by law, Cowboy Culture is not responsible for loss or damage arising solely from a third-party service outside our reasonable control.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links to third-party websites or services.

These websites are operated independently of Cowboy Culture.

We are not responsible for the content, accuracy, security, availability or privacy practices of third-party websites.

You should review the relevant terms and privacy policies before providing personal information or making purchases through third-party services.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Cowboy Culture uses Shopify to operate and host parts of our online store.

Purchases made through the Cowboy Culture store are transactions between you and Cowboy Culture, not between you and Shopify.

Shopify may process certain information and provide technology, payment, infrastructure and other services required to operate the store.

SECTION 10 — PRIVACY POLICY

Personal information collected through our Services is handled in accordance with our Privacy Policy:

https://www.cowboysculture.com/policies/privacy-policy

Shopify may also process personal information in connection with providing its services.

Shopify’s privacy information can be viewed here:

https://www.shopify.com/legal/privacy/app-users

By using the Services, you acknowledge that information may be processed by Cowboy Culture, Shopify and relevant service providers as described in our Privacy Policy.

SECTION 11 — FEEDBACK

If you submit reviews, suggestions, ideas, photographs, comments or other material to Cowboy Culture, you confirm that you have the right to provide that material.

Where you voluntarily submit content for publication or promotional use, you grant Cowboy Culture permission to use, reproduce and display that content for legitimate business and promotional purposes, subject to applicable law.

You must not submit content that infringes another person’s intellectual property, privacy or other legal rights.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on our website may contain typographical errors, pricing errors, inaccuracies or omissions.

We reserve the right to correct such errors and update information when discovered.

If an error materially affects an order you have already placed, we will take reasonable steps to contact you and provide an appropriate resolution in accordance with applicable consumer law.

SECTION 13 — PROHIBITED USES

You must not use our Services:

• for unlawful or fraudulent purposes;
• to infringe intellectual property rights;
• to harass, abuse, threaten or harm another person;
• to transmit malware, viruses or malicious code;
• to engage in phishing, scraping, spam or unauthorised data collection;
• to attempt to bypass website security measures;
• to impersonate another person or organisation;
• to interfere with the proper operation of the website; or
• for any purpose prohibited by applicable law.

We may restrict or terminate access to the Services where we reasonably believe these Terms have been breached.

SECTION 14 — AUTOMATED ACCESS AND AGENTS

Automated systems, bots, agents, scraping tools or similar technologies must not access or interact with the Services in a manner that:

• circumvents security or access controls;
• disrupts normal website operation;
• collects information without permission;
• misrepresents automated activity as human activity; or
• breaches applicable law or these Terms.

We reserve the right to limit or block automated access where reasonably necessary to protect the Services, our customers or our business.

SECTION 15 — TERMINATION

We may suspend or terminate access to the Services if you materially breach these Terms, engage in unlawful conduct or misuse the Services.

Any obligations or rights that by their nature should continue after termination will remain in effect.

SECTION 16 — DISCLAIMER OF WARRANTIES

We aim to provide accurate and reliable information and products.

However, subject to rights that cannot legally be excluded, we do not guarantee that the website will always operate without interruption, delay or technical error.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.

SECTION 17 — LIMITATION OF LIABILITY

To the maximum extent permitted by law, Cowboy Culture will not be liable for indirect, incidental or consequential loss arising from the use of the Services where such liability may lawfully be excluded.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including rights and remedies available under the Australian Consumer Law.

SECTION 18 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify Cowboy Culture against reasonable losses, claims or liabilities arising directly from your unlawful use of the Services, infringement of another person’s rights, or material breach of these Terms.

This section does not require you to indemnify Cowboy Culture for matters caused by our own unlawful conduct or negligence where such liability cannot legally be excluded.

SECTION 19 — SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or removed only to the extent necessary.

The remaining provisions will continue in full force and effect.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

If Cowboy Culture does not immediately exercise a right under these Terms, that does not mean we have waived that right.

These Terms, together with the policies referenced in them, form the agreement between you and Cowboy Culture concerning your use of the Services.

SECTION 21 — ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our prior written consent where consent is reasonably required.

Cowboy Culture may transfer its rights or obligations as part of a legitimate restructuring, sale or transfer of the business, subject to applicable law.

SECTION 22 — GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia, and applicable laws of the Commonwealth of Australia.

Where legally permitted, you and Cowboy Culture submit to the jurisdiction of the courts of New South Wales and applicable Australian courts.

Nothing in this section removes any jurisdiction or consumer rights that cannot legally be excluded.

SECTION 23 — HEADINGS

Headings are included for convenience and do not affect the interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our Services, business practices or legal obligations.

The latest version will be published on this website.

Where required by applicable law, we will provide notice of material changes.

Continued use of the Services after changes become effective constitutes acceptance of the updated Terms where permitted by law.

SECTION 25 — CONTACT INFORMATION

Questions regarding these Terms of Service can be sent to:

Cowboy Culture
Email: admin@cowboysculture.com

Contact Information:
https://www.cowboysculture.com/policies/contact-information