Terms of service

1.ACCEPTANCE OF TERMS

1.1These Terms of Use are entered into by and between you and Corker Hats Pty. Limited (“Corker Hats”, “Company”, “we” or “us”). The following terms and conditions, together with any products, documents and/or links incorporated herein by reference (collectively, these “Terms of Use”), govern your access to and use of our website available via follong link www.corkerhats.com.au or www.corkerhats.com (the “Site”), and other related products and services (collectively, including the Site, are hereinafter referred as the “Platform“), which includes but not limited to any content, product, functionality and/or services offered on or through the foregoing, whether as a guest or a registered user. The materials, products, and services contained in the Platform are protected by applicable intellectual property rights including without limitation to copyright and trademark law.

1.2Please read the terms of use carefully. By using the Site and Platform, you agree to be bound and abide by the terms set forth herein and our privacy policy accessible via Site (the “Privacy Policy”), which is incorporated herein by reference. If you do not wish to be bound by the Terms of Use or Privacy Policy, you may not use the Site and Platform. If you are using the Site or utilizing the Platform on behalf of a business or some other entity, you represent and warrant that you are authorized to grant all licenses outlined in these terms of use and to agree to these terms of use on behalf of the business or entity.

1.3These Terms of Use are designed to clarify the respective roles and responsibilities of the concerned parties, ensuring that you can make the most of what the Platform has to offer while being well-informed of your rights and obligations.

1.4Company has made every effort to be transparent and comprehensive, so we encourage you to read these terms diligently. Your continued use of our Platform signifies your acceptance of these Terms of Use and any subsequent modifications we might make in the future. If you have reservations about any aspect of these terms, please refrain from using our Platform and Site until your concerns are addressed.

2.INTRODUCTION

2.1Through our Platform,  you will be able to view and have access to our handmade hats, and as such, there may be minor variances in the location of eyelets and the positioning of corks on each hat. These variances are normal and part of the unique character of our handmade products. It is imperative to note that that these corks may present a choking hazard, particularly to children under the age of 3. By purchasing our products, you acknowledge that Corker Hats Pty Ltd is not liable for any injury or harm resulting from the use or misuse of the hats or the corks attached to them.

2.2All products listed on the Platform are subject to availability. We reserve the right to limit the number of items purchased per person, per household, or per order.

2.3We reserve the right to change prices at any time without prior notice. Payment must be made at the time of ordering through the payment methods provided on the Site.

3.ACCESS AND USE

3.1You agree to use the Platform only for lawful purposes and in accordance with these Terms of Use. You hereby represent and warrant that you have the legal authority to enter into these Terms of Use. By using the Platform, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform. You agree to not use Platform to conduct any activity that would constitute a civil or criminal offense or violate any law. You agree not to attempt to interfere with our Site, Platform, network, or security features or to gain unauthorized access to our systems.

3.2Over time, Corker Hats may provide the opportunity for you to interface the products and Platform to one or more third-party products and Platform, through and using the Platform, (“Third-Party Products and Platform”). You decide whether you want to interface, and with which Third-Party Products and Platform you want to interface. Your explicit consent and authorization is required for this interface and is revocable by you at any time. Once your consent is given for a particular Third-Party Product and Service, you agree that Corker Hats may exchange information and control data regarding you and your products, including your personal information, to enable the interface that you have authorized. Once this information is shared with the particular Third-Party Product and Service, its use will be governed by the third party’s privacy policy and not by Corker Hats’s privacy documentation. You acknowledge and agree that Corker Hats makes no representation or warranty about the quality or safety of any Third-Party Products or Platform or the interface with Product and Platform. Accordingly, Corker Hats is not responsible for your use of any Third-Party Product or Service, or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any Third-Party Products or Platform. You should contact the third party with any questions about their Third-Party Products and Platform.

3.3Certain materials may be displayed or performed on the Platform (including, but not limited to, text, graphics, articles, photographs, video, images, and illustrations (“Content”)). The Content also includes information that you and other users provide us within the course of using the Platform (collectively, “User Submissions”), which we may use to provide, maintain, and improve the Platform. You may also post feedback, comments, questions, or other information on the Sites. You are solely responsible for all Content that you upload, post, email, transmit or otherwise disseminate using, or in connection with, the Platform, or that you contribute in any manner to the Platform; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to Corker Hats all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Site and/or via Platform pursuant to these Terms of Use. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Platform, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third-party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third-party right. Corker Hats reserves the right to remove any Content from the Platform at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.

3.4These Terms of Use set out the terms upon which the Company has agreed to grant you access to the Site and Platform. By using the Platform or accessing on Site, you acknowledge that you have read, understood, and accepted these Terms of Use and you have the authority to act on behalf of any person or entity for whom you are using the Platform, and you are deemed to have agreed to these Terms of Use on behalf of any entity for whom you use the Platform. 

4CHANGES TO TERMS

We reserve the right to modify, revise, or replace these Terms of Use at any time. Any changes will be posted on this page, and the "Last Modified" date above will be updated. It is your responsibility to review these Terms of Use periodically. Your continued use of the Platform after any changes constitutes acceptance of those changes.

5USER ELIGIBILITY

5.1We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Platform, to users, including registered users.

5.2You are responsible for: (i) making all arrangements necessary for you to have access to the Platform; and (ii) ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them. To access the Platform or some of the resources it offers, you may be asked to provide certain registration details, and to do so you will have to provide accurate personal information, such as your email address, mailing address, and other contact details to complete your order or contact you as needed or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is accurate, current, and complete. You agree that all information you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

6.USER ACCOUNTS

You are responsible for maintaining the confidentiality of your account login information (as and if applicable) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach. If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

7.CONFIDENTIALITY, PRIVACY, AND DATA COLLECTION

7.1Our “Confidential Information” means (a) any written information, materials, and other documents supplied by us related to the  Platform which we do not generally disclose publicly, (b) the  Platform services themselves, excluding any data you upload to the  Platform for processing;  and (c) any other of our information that we may disclose in writing or orally and is designated as confidential or proprietary at the time of disclosure, or that due to the nature of the information a reasonable person would clearly understand it to be confidential information; and (d) any amendment to the terms and conditions of these Terms of Use between you and us. Confidential Information shall not include any information that: (i) was or becomes generally known to the public through no fault or breach of these Terms of Use; (ii) was rightfully in your possession at the time of disclosure without restriction on use or disclosure; (iii) was independently developed by you without use of our Confidential Information; or (iv) was rightfully obtained by you from a third party not under a duty of confidentiality and without restriction on use or disclosure.

7.2During and after the term, with respect to our Confidential Information you will: (a) use our Confidential Information solely for the purpose for which we provided it; (b) not disclose such Confidential Information to a third party; and (c) protect such Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that you protect your own Confidential Information of a similar nature. 

7.3If you are required by law to disclose our Confidential Information, you will give us prompt written notice before making the disclosure, unless prohibited from doing so by the legal or administrative process, and assist us in obtaining where reasonably available an order protecting our Confidential Information from public disclosure.

7.4Notwithstanding any other provision of these Terms of Use, you acknowledge that, as between you and us, all our Confidential Information you receive from us, including all copies thereof in your possession or control, in any media, is proprietary to and exclusively owned by us. Nothing in these Terms of Use grants you any right, title, or interest in or to any of our Confidential Information, except as provided in these Terms of Use. Any incorporation of our Confidential Information into any of your own materials will not render our Confidential Information non-confidential.

7.5Both parties will comply with all applicable requirements of the Data Protection Legislation. You will ensure that you have all necessary appropriate consents and notices in place to enable the lawful transfer of the personal data to the Company. For the avoidance of doubt, the  Platform is primarily intended for purely personal and household use. Nonetheless, data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Platform. For certain video, audio, and facial recognition data that you collect using products and Platform (e.g., video and audio signals and data from Corker Hats) as an owner or authorised user, you are the controller of certain data these products and Platform collect, and Corker Hats is the processor of that data, under applicable laws. You agree that you (and not Corker Hats) are responsible for ensuring that you comply with any applicable laws when you use the Platform, including, but not limited to, (i) any laws relating to the recording or sharing of video or audio content that includes third parties or public spaces, or (ii) any laws requiring notice to third parties, or consent or explicit consent of third parties with respect to your use of Platform or any products and/or services in relation to same.

7.6Where Corker Hats is acting as a processor of data you have collected through its products and Platform, it will explicitly state accordingly for the particular products and Platform. In these situations, Corker Hats will endeavor to: (i) only process data at your instruction; (ii) ensure that persons permitted to process data through us on your behalf are committed to confidentiality; (iii) only engage a third-party service provider (sub-processor) that provide an equivalent level of protection as set forth herein; (iv) engage a new third-party service provider (sub-processor) only after Corker Hats has provided notice of such changes by posting to the website listed below and allowed you ten (10) calendar days to object after notice is given. In the event you do object, Corker Hats will make reasonable efforts to address your objection. After this process, if a resolution has not been agreed to, Corker Hats will proceed with engaging the third-party service provider. You will have the opportunity to terminate your use of products and Platform. It is your responsibility to check this Site regularly for updates; (v) to the extent applicable and possible, assist you with any individual rights requests or other compliance obligations; and (vi) delete or return your data upon termination.

7.7It is your responsibility to use the products and the Platform pursuant to the applicable manual and instructions.

8.CONTENT AND USE OF PLATFORM CONTENT OWNERSHIP

8.1Corker Hats retains ownership of all content, including text, images, videos, software, and any other materials on our Site and as applicable on the Platform. You may not use our content without our express permission.

8.2Prohibited Activities: You agree not to engage in any of the following prohibited activities:

  • Is illegal, or violates any federal, state, or local law or regulation;
  • Advocates illegal activity or discusses illegal activities with the intent to commit them;
  • Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
  • Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;
  • Interferes with any other party’s use and enjoyment of the Site;
  • Attempts to impersonate another person or entity;
  • Is of a commercial nature in a way that violates these Terms of Use, including but not limited to, using the Site for spam, surveys, contests, pyramid schemes, or other advertising materials;
  • Falsely states, misrepresents, or conceals your affiliation with another person or entity;
  • Accesses or uses the Platform account of a customer without such customer’s permission;
  • Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or electronic communications equipment;
  • Interferes with, disrupts, disables, overburdens, or destroys the functionality or use of any features of the Site, or the servers or networks connected to the Site;
  • “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;
  • Improperly solicits personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
  • Decompiles, reverse engineers, disassembles, or otherwise attempts to derive source code from the Site, except as expressly permitted in these Terms of Use or by law, unless and then only to the extent permitted by applicable law without our consent;
  • Removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on the use of the Site;
  • Uses automated or manual means to violate the restrictions in any robot exclusion headers on the Site, if any, or bypasses or circumvents other measures employed to prevent or limit access, for example by engaging in practices such as “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
  • Modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers, or otherwise commercializes any materials or content on the Site;
  • Downloads, distributes, posts, transmits, performs, reproduces, broadcasts, duplicates, uploads, licenses, creates derivative works from, or offers for sale any content or other information contained on or obtained from or through the Site, by any means except as provided for in these Terms of Use or with the prior written consent of the Platform; or
  • Attempts to do any of the foregoing.

8.3Corker Hats does not endorse or control the content generated by users and disclaims any liability for such content. We reserve the right to remove or moderate user-generated content that violates these Terms or our policies.

9.INTELLECTUAL PROPERTY

9.1All rights, title and interest in and to the Platform will remain with and belong exclusively to us. You will not sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make Platform content available to any third party. You agree not to access Platform by any means other than through the interface that is provided by Platform to access the same. You may not use any “page-scrape,” “deep-link,” “spider,” or “robot or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of Platform, or in any way reproduce or circumvent the presentation or navigational structure of Platform, to obtain or attempt to obtain any content or other information through any means not made generally available through Platform.  Platform reserves the right to take any lawful measures to prevent any such activity. You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to Platform on or through the Site or any service offered on or through Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. Information, content, or material that may be available for downloading through the Site or third-party websites or applications (“Content”) is the copyrighted work of the Company, its licensors, and/or such other respective third-party providers. Use of the Content is governed by these Terms of Use and such license and/or other terms as may be required directly of you by the third-party providers. Unauthorized reproduction or distribution of the Content is expressly prohibited by law and may result in civil and criminal penalties. Violators may be prosecuted.

9.2These Terms of Use permit you to use the Platform for your individual, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform. You must not: (i) modify copies of any materials from the Platform; (ii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform; or (iii) access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. For purposes of clarity, prohibited commercial uses shall not include satisfying the terms of any commercial agreement entered into between you and the Company.

9.3If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

10.THIRD-PARTY LINKS AND SERVICES

10.1Our Platform may include links to third-party websites, services, or resources that are not under our control. Corker Hats is not responsible for the content, availability, or accuracy of such external sites or resources. Your use of third-party services is at your own risk. Furthermore, there might be links from or to websites outside our Site that are meant for convenience only. This includes without limitation to links contained in advertisements, including banner advertisements and sponsored links. We do not review, endorse, approve, or control, and are not responsible for any sites or resources linked from or to our website, the content of those sites, the third parties named therein, or their products and services.  If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11.TERMINATION OF SERVICES & FORCE MAJEURE

11.1Corker Hats reserves the right to terminate, suspend, or restrict your access to our Platform without notice for any reason, including a violation of these Terms of Use without incurring any liability of whatsoever in nature.

11.2Corker Hats will not be liable to you for any delay or failure to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of the Company. Such causes will include, but are not limited to, acts of God, floods, fires, loss of electricity, pandemic, epidemic, quarantines, lockdowns, or delays by you in providing required resources or support or performing any other requirements hereunder.

12.DISCLAIMERS

12.1You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our platform for any reconstruction of any lost data.

12.2We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the platform or any services or items obtained through the platform or to your downloading of any material posted on it, or on any website linked to it.

12.3Your use of the Platform, its content, and any products or items obtained through the Platform is at your own risk. The Platform, its content, and any services or items obtained through the Platform (including, but not limited to, the documentation) are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Platform. Without limiting the foregoing, neither the Company nor anyone associated with the company represents or warrants that the platform, its content, or any services or items obtained through the platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Platform or the server that makes it available are free of viruses or other harmful components or that the platform or any services or items obtained through the Platform will otherwise meet your needs or expectations.

12.4The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.

12.5The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

13.LIMITATION OF LIABILITY

13.1Corker Hats and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Platform.
  • Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Any interruption or cessation of transmission to or from our Site.
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site by any third party.
  • Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Platform, whether based on warranty, contract, tort (including negligence), or any other legal theory.

13.2Indemnification you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, its service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the  Platform, including, but not limited to, your User Content, any use of the  Platform’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the  Platform.

14.GOVERNING LAW AND ARBITRATION

14.1These Terms and the relationship between the Parties, including all claims and disputes arising out of or in connection with the Services, shall be governed by and construed in accordance with the laws of the New South Wales, Australia, without regard to its conflict of law principles.

14.2All disputes, controversies, or claims arising out of or relating to these Terms of Use or the breach, termination, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration.

14.3The Parties agree that any arbitration proceedings shall be conducted on a confidential basis. The existence of the proceedings and any element of the proceedings shall not be disclosed beyond the arbitration tribunal and the Parties.

14.4This clause applies to all customers and users of the Platform, regardless of their location or jurisdiction, ensuring a uniform and predictable legal framework for the resolution of disputes. The parties agree that the arbitration award may be enforced against the Parties to the arbitration proceeding or their assets wherever they may be found and that a judgment upon the arbitration award may be entered in any court having jurisdiction thereof.

14.5Notwithstanding the foregoing, the Company reserves the exclusive right to seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, in the event of a breach, or threatened breach, of this Agreement by the other party. The Company is also entitled, at its sole discretion, to seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. The other party waives any right to seek injunctive or other equitable relief in connection with this Agreement.

15.CONTACT INFORMATION

If you have any questions, comments, or concerns regarding these Terms or our products, please contact us at admin@corkerhats.com