Terms and Conditions

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TERMS + CONDITIONS

Welcome to the website owned and operated by Jac and Jack Pty. Ltd. ABN 11 000 073 049 ("Jac + Jack" or "we" or "us"), www.jacandjack.com and (the "Website"). These Terms and Conditions of Use (the “TCU”) apply to your use of and access to the Website through any device (computer, mobile phone device, etc.) or location. By using, accessing, and/or downloading any materials or content from the Website, you agree to be bound by these TCU, as posted, modified and/or amended by Jac + Jack (with or without notice to you) from time to time.



Governing Law

These Terms and Conditions and use of the Website are governed by the laws of New South Wales, Australia.



Disclaimer

The content that appears on our Website ("Materials" or "Content") is solely for informational purposes. We attempt to ensure that the Materials and Content on this Website are complete, accurate and current. Despite our efforts, the Materials or Content on this Website may be inaccurate, incomplete or out of date and errors such as typos, omissions or inaccuracies related to product descriptions, offers, pricing, availability and promotions may appear from time to time.

Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours.

To the fullest extent permissible by applicable law, Jac + Jack reserves the right to correct any errors and to change or update any features, content, specifications, products, colours and prices of products and services described or depicted on this Website or to cancel any orders if any information pertaining thereto is inaccurate at any time without prior notice.

The inclusion of any products or services in this Website at a particular time does not imply or warrant that those products or services will be available at any time. Products on the Website are available only while supplies last.

The Website may contain links or have references to websites controlled by parties other than Jac + Jack. Jac + Jack is not responsible for and does not endorse or accept any responsibility for the content or use of these third-party websites, nor does Jac + Jack guarantee the performance of any goods and services provided by any third-party. Jac + Jack is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jac + Jack of the linked website, the content and materials found at the linked website, or the host or owner of the website, except as specifically stated otherwise by Jac + Jack.



Copyright

Elements of the Website are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly authorised in writing by Jac + Jack. The Jac + Jack trademark and/or other identifiers referenced herein are trademarks of Jac + Jack, and may be registered in certain jurisdictions. Copyright © 2023 Jac and Jack Pty. Ltd. All rights reserved.



Limitation of Liability

Jac + Jack accepts no responsibility for any direct, indirect, incidental, special or consequential damage, loss or injury caused directly or indirectly using or inability to use this Website, content or related services. Jac + Jack warrant that the website will be uninterrupted or error free; nor do we make any warranty as to the reliability, availability, timeliness, quality, accuracy or completeness of any information, services and merchandise provided through the website.



Indemnity

To the fullest extent permissible by applicable law, you shall defend, indemnify and hold Jac + Jack harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or regarding your use of the Website and/or your violation of any provision of these TCU. Jac + Jack shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website and/or the goods, services or Materials associated with the Website other than in accordance with these TCU; (b) the combination of the Website and/or the goods, services or Materials associated with the Website with any other products, services, or materials; or (c) any third-party products, services, or materials.



Orders

All orders are subject to availability. We reserve the right (to the fullest extent permissible by applicable law), without prior notice, to change or modify any order, limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Website by any visitor or customer. Jac + Jack will attempt to notify you of the modification or cancellation of an order, but will not guarantee you will receive such notification. In the event that your order is cancelled after your credit card has already been charged for the purchase, Jac + Jack will issue a refund to your credit card account. We also may require verification of information prior to the acceptance and/or shipment of any order. Once your order has shipped, you will receive a shipping confirmation email. Jac + Jack wants you to be happy with your purchase, so please carefully review the return policy posted on the Website. Dispatch times may vary depending on availability of items and any delivery time guarantees made, are subject to service from third party freight companies and we will not be responsible.



Products

Jac + Jack reserves the right to cancel, at any time before delivery, and for whatever reason, an order that has been placed. Jac + Jack may do this for example, but without limitation, where goods ordered were subject to a typographical error or similar on the website, for example, in relation to a description, price or image, which was not discovered prior to the order being placed. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.



Billing and Payment

To the extent you purchase any goods and/or services from Jac + Jack through the Website, you agree to pay for all goods and services ordered from Jac + Jack. You will provide Jac + Jack with valid details of authorised payment method (such as a credit card or Paypal) as well as accurate billing and contact information and you authorise Jac + Jack to process payment.



Privacy Policy

Jac + Jack’s obligations regarding personal and other information that we collect from you (including, but not limited to personally identifiable information) shall be governed by the terms of the Privacy Policy available through a link on the home page of the Website. The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.



Mobile Terms of Service

The Jac + Jack mobile message service (the "Service") is operated by Jac + Jack (“Jac + Jack”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Jac + Jack’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Jac + Jack through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, product launches, giveaways, abandoned cart, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Jac + Jack. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to JacandJack or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Jac + Jack mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.



Final Sale

Items marked as 'Final Sale' cannot be returned for a refund or credit, and can only be exchanged for another size in the same colour where stock is available.



Take A Further 20% Off Sale

*Take a further 20% off sale' is available online and at Jac + Jack stores, until 11:59pm on Sunday 30th June 2024. Discount applies automatically at checkout. Discount applies on sale items only.