Terms of Service
Overview
Welcome to JACK BAILEY! The terms “we”, “us” and “our” refer to JACK BAILEY. JACK BAILEY operates this store and 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”). JACK BAILEY 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 Services.
Please read these Terms of Service carefully. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Important note for Australian consumers: These Terms do not exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law (ACL), Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable Australian law that cannot be excluded. To the extent of any inconsistency between these Terms and the ACL, the ACL prevails.
Section 1 — Access and Account
By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or the age of majority in your state or territory of residence. You consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, you may be asked to provide certain information, including your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
Section 2 — Our Products
We have made every effort to accurately represent our products and services. However, colours or product appearance may differ from how they appear on your screen due to your device type and settings.
Subject to your rights under the Australian Consumer Law, we do not warrant that the appearance or quality of any products purchased by you will meet your expectations or match what is depicted in our online store exactly.
Product descriptions are subject to change at any time at our sole discretion. We reserve the right to discontinue any product or limit quantities offered to any person, geographic region or jurisdiction.
Section 3 — Orders
When you place an order, you are making an offer to purchase. JACK BAILEY reserves the right to accept or decline your order for any reason. Your order is not accepted until JACK BAILEY confirms acceptance and receives and processes your payment.
Please review your order carefully before submitting, as JACK BAILEY may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, modify or cancel an order, we will attempt to notify you via the contact details provided at checkout.
Your purchases are subject to our Returns & Refunds Policy [LINK]. Nothing in this section limits your rights under the Australian Consumer Law.
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
Section 4 — Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices include GST where applicable, but do not include shipping, handling, or any applicable customs or import charges.
We may offer promotions from time to time that are governed by separate terms. Where there is a conflict between promotion terms and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate payment and account information for all purchases. You represent and warrant that: (i) the payment information you provide is true, correct and complete; (ii) you are duly authorised to use such payment method; and (iii) charges incurred will be honoured by your payment provider.
Section 5 — Shipping and Delivery
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.
Once we transfer products to the carrier, risk of loss passes to you. However, this does not affect your rights under the Australian Consumer Law if goods arrive damaged or fail to comply with consumer guarantees.
Section 6 — Australian Consumer Law Guarantees
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract and receive a refund for the unused portion, or to receive compensation for its reduced value. For major failures with goods, you are entitled to a replacement or refund. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time, and if this is not done, to cancel your contract and obtain a refund for any unconsumed portion, or to obtain compensation for the reduced value.
Nothing in these Terms excludes, restricts or modifies any condition, warranty, guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot lawfully be excluded, restricted or modified.
Section 7 — Intellectual Property
Our Services, including all trademarks, brands, text, images, graphics, video and audio, and the design, selection and arrangement thereof, are owned by JACK BAILEY, its affiliates or licensors and are protected by Australian and international copyright, trademark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material on the Services without our prior written consent.
JACK BAILEY’s names, logos, and product names are trademarks of JACK BAILEY or its affiliates. You must not use such trademarks without our prior written permission. All rights not expressly granted herein are reserved by JACK BAILEY.
Section 8 — Optional Tools
You may be provided with access to tools offered by third parties as part of the Services, which we do not monitor or control. We provide access to such tools “as is” and “as available” without any warranties or representations. Subject to the ACL, we shall have no liability arising from your use of optional third-party tools. Any use of such tools is at your own risk and discretion.
Section 9 — Third-Party Links
The Services may contain links to websites operated by third parties. We are not responsible for the content, accuracy or practices of any third-party websites. If you access third-party websites, you do so at your own risk. Complaints or questions regarding third-party products or services should be directed to the relevant third party.
Section 10 — Relationship with Shopify
JACK BAILEY is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with JACK BAILEY. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and JACK BAILEY, including any injury, damage or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with JACK BAILEY.
Section 11 — Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy [LINK], which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Section 12 — Feedback
If you submit any ideas, suggestions, feedback, reviews or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
You 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 submitting Feedback; and (iii) your Feedback complies with these Terms.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark or privacy rights, and will not contain unlawful, abusive or obscene content, or any malicious code. You are solely responsible for any Feedback you submit.
Section 13 — Errors, Inaccuracies and Omissions
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. This does not affect your rights under the Australian Consumer Law.
Section 14 — Prohibited Uses
You may access and use the Services for lawful purposes only. You must not access or use the Services:
• For any unlawful or malicious purpose
• In violation of any Australian federal, state or territory laws or regulations
• To infringe upon or violate our intellectual property rights or those of others
• To harass, abuse, harm, defame or intimidate any person
• To transmit false or misleading information
• To send unsolicited advertising or promotional material (spam)
• To impersonate any person or entity
• To upload or transmit viruses or malicious code
• To collect or track the personal information of others without authorisation
• To use any automated means (including bots, scrapers, or AI agents) to access the Services in a manner that violates these Terms
• To interfere with or circumvent the security features of the Services
We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine you have violated any part of these Terms.
Section 15 — Automated Agents
This section applies if you use, allow, enable, or cause the deployment of an automated agent (“Agent”) — meaning any software or service that takes autonomous or semi-autonomous action on behalf of a person or entity — to access, use or interact with the Services.
No Agent may access or interact with the Services unless it: (i) identifies itself as an Agent and discloses the Agent’s name in all HTTP/HTTPS requests via the user agent string (“Agent/[agent name]”); (ii) does not conceal that it is an Agent by mimicking human behaviour or circumventing CAPTCHAs; (iii) responds truthfully to any question seeking to determine whether interactions are from a human or computer; and (iv) does not circumvent any measure intended to block, limit or control Agent access.
We may limit, including by technical measures, whether and how any Agent accesses the Services. We may request that any Agent refrain from accessing the Services, and no Agent may continue to access the Services after such a request.
Section 16 — Termination
We may terminate this agreement or your access to the Services at any time without notice at our sole discretion. You will remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.
Section 17 — Disclaimer of Warranties
To the maximum extent permitted by law, the Services and all products offered through the Services are provided ‘as is’ and ‘as available’ without any representation, warranties or conditions of any kind, either express or implied.
Important: Nothing in this section excludes any condition, warranty or guarantee implied by the Australian Consumer Law that cannot lawfully be excluded. Our liability for a failure to comply with a consumer guarantee under the ACL is limited as set out in Section 18 below.
Section 18 — Limitation of Liability
To the fullest extent permitted by law (including the Australian Consumer Law), JACK BAILEY and its partners, directors, officers, employees, affiliates, agents, contractors and service providers will not be liable for any indirect, incidental, special, punitive or consequential damages of any kind, including lost profits, lost revenue, loss of data or replacement costs, arising from your use of the Services or any products purchased through the Services.
Consumer guarantees under the ACL: Where our goods or services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to comply with a consumer guarantee is limited (at our election) to: (a) in the case of goods — replacement, repair, or payment of the cost of replacement or repair; and (b) in the case of services — re-supply of the services or payment of the cost of re-supply.
Section 19 — Indemnification
You agree to indemnify, defend and hold harmless JACK BAILEY, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim. We may control the defence and settlement of such a claim at your expense but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld).
Section 20 — Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.
Section 21 — Waiver and Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules posted on this site, constitute the entire agreement between you and us regarding your use of the Services and supersede any prior agreements or communications between you and us.
Section 22 — Assignment
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.
Section 23 — Governing Law
These Terms of Service are governed by and construed in accordance with the laws of New South Wales, Australia, and the laws of the Commonwealth of Australia applicable therein. You and JACK BAILEY submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.
Nothing in this section limits any rights you may have under the Australian Consumer Law or other non-excludable statutory protections.
Section 24 — Changes to Terms of Service
We reserve the right to update, change or replace any part of these Terms at any time by posting updates to our website. We will notify you of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of the Services following any changes constitutes acceptance of those changes. You can review the most current version of these Terms at any time on this page.
Section 25 — Contact Information
Questions about these Terms of Service should be directed to:
JACK BAILEY
Email: studio@jackbailey.com.au
Website: jackbailey.com.au