TERMS OF SERVICE

Last updated: 11 December 2024

By using this website (being www.projectdcworks.com), including placing an order on this website, you agree to be bound by these Terms Of Service (‘Terms’) including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

If you do not agree to these Terms, then you may not use this website, including placing an order.

This website is hosted by Squarespace.

The headings used in these Terms are included for convenience only and will not limit these Terms.

Section 1 - online store terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. This website is not intended to be used by minors and minors must not use this website.

You may not use my products for any illegal or unauthorised purpose nor may you, including during your use of this website, violate any laws in your jurisdiction (including but not limited to copyright laws).

Section 2 - general conditions

To the extent permitted by applicable legislation, I reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this website, use of the website, or any contact on the website without express written permission from me.

Section 3 - accuracy, completeness and timeliness of information

I am not responsible if information made available on this website, or otherwise communicated to you, is not accurate, complete or current. The material on this website, or otherwise communicated to you, is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website, or otherwise communicated to you, is at your own risk.

This website may contain certain historical information. I reserve the right to modify the contents of this website at any time, but (except as required by applicable law) I have no obligation to update any information on this website. You agree that it is your responsibility to monitor changes to this website.

Section 4 - modifications to this website and prices

Prices for my products are subject to change without notice.

I reserve the right at any time to modify or discontinue this website (or any part or content thereof) without notice at any time.

I shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of this website.

Section 5 - products and orders

The products shown in my photos on this website are samples that I have made for myself and show unique marks, including those that may be made by me (including inadvertently). In any case, given that leather is a natural product and that I make my products by hand, the product that you will receive will differ from my sample products, including marks on the leather, the colour of the leather, the thickness of the leather, the overall workmanship, future changes to my manufacturing processes, and (for my watch straps) the shape and size of the strap.

I reserve the right, but I am not obligated, to limit the sales of my products to any person, geographic region or jurisdiction. I may exercise this right on a case-by-case basis. I currently only sell and ship my watch straps to persons located within Australia or the United States (except persons located in the state of California in the United States, as I cannot ship kangaroo leather to that state) and my bags to persons located within Australia. In other words, this website is not intended to be used by persons located elsewhere, as I do not offer my products to such persons. I also do not ship to any location that enacts a law that prohibits the importation of kangaroo leather.

I reserve the right to limit the quantities of my products that I offer. All descriptions of products or product pricing are subject to change at anytime without notice, at my sole discretion. I reserve the right to discontinue any product at any time.

I do not warrant that the quality of any products or information purchased or obtained by you will meet your expectations, or that any errors will be corrected.

I reserve the right to refuse any order you place with me. I may, in my sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same customer, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that I make a change to or cancel an order, I may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

If you wish to make a change to your order, please contact me at DC@projectdcworks.com as soon as possible. I will try to accommodate your request but, in some cases, this might not be possible.

Section 6 - optional tools

I may provide you with access to third-party tools over which I neither monitor nor have any control nor input.

You acknowledge and agree that I provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through this website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Section 7 - third-party links

Certain content and products available via this website may include materials from third-parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with me. I am not responsible for examining or evaluating the content or accuracy and I do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

I am not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 8 - user comments, feedback and other submissions

If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that I may (unless prohibited by applicable law), at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to me. I am under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

I may, but have no obligation (except as required by applicable law) to, monitor, edit or remove content that I determine in my sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead me or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. I take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 9 - personal information

Your submission of personal information through this website is governed by my Privacy Policy. To view my Privacy Policy, please see https://www.projectdcworks.com/privacy-policy.

Section 10 - errors, inaccuracies and omissions

Occasionally there may be information on this website, or otherwise communicated to you, that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. I reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order).

I undertake no obligation to update, amend or clarify information on this website, or otherwise communicated to you, including without limitation, pricing information, except as required by applicable law. No specified update or refresh date applied on this website should be taken to indicate that all information on the website has been modified or updated.

Section 11 - prohibited uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using this website or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate my intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other protected attribute; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this website, other websites, or the Internet. I reserve the right to terminate your use of this website for violating any of the prohibited uses.

Section 12 - disclaimer of warranties; limitation of liability

I do not guarantee, represent or warrant that your use of this website will be uninterrupted, timely, secure or error-free.

I do not warrant that the results that may be obtained from the use of this website will be accurate or reliable.

You agree that from time to time I may remove this website from public access for indefinite periods of time or cancel this website at any time, without notice to you.

You expressly agree that your use of, or inability to use, this website is at your sole risk. This website and all products delivered to you through this website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall I be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of this website or any products procured using this website, or for any other claim related in any way to your use of this website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of this website or any content (or product) posted, transmitted, or otherwise made available via this website, even if advised of their possibility.

In terms of my watch straps, I expressly warn you that, if the gap between the lugs of your watch and its case is relatively large, your strap may be able to move around relatively easily. You must be careful not to drop your watch while putting on and taking off your watch.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, my liability shall be limited to the maximum extent permitted by law.

Section 13 - indemnification

You agree to indemnify, defend and hold harmless me and any of my related individuals and entities (including any employees, contractors, agents, suppliers and volunteers that I may engage with from time to time) harmless from any claim or demand, including reasonable (or unreasonable) legal fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 14 - severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 15 - termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or me. You may terminate these Terms at any time by the latter of you notifying me of the termination of these Terms, when you cease using this website, or when your order has been fulfilled.

If in my sole judgment you fail, or I suspect that you have failed, to comply with any term or provision of these Terms, I also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to this website (or any part thereof).

The provisions of these Terms that need to survive the termination of this agreement to operate to their fullest possible extent will survive accordingly. In particular, these provisions include, without limitation, section 11 - prohibited uses, section 12 - disclaimer of warranties; limitation of liability and section 13 - indemnification.

Section 16 - entire agreement

My failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by me on this website constitutes the entire agreement and understanding between you and me and govern your use of this website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and me (including, but not limited to, any prior versions of the Terms Of Service).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 17 - governing law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia.

Section 18 - changes to these Terms Of Service

You can review the current version of these Terms at this page.

I reserve the right, at my sole discretion, to update, change or replace any part of these Terms by posting updates and changes to this website. It is your responsibility to check this website periodically for changes. Your continued use of or access to this website following the posting of any changes to these Terms constitutes acceptance of those changes. I may also, in my absolute discretion, implement an announcement bar on this website for a period of time determined by me to announce that I have updated these Terms.

Section 19 - contact information

Please contact me at my email at DC@projectdcworks.com if you have any questions about these Terms.