Terms of service

CROC CREW — TERMS OF SERVICE

OVERVIEW

Welcome to Croc Crew! The terms “we”, “us” and “our” refer to Croc Crew. Croc Crew 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”). Croc Crew 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, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores, subject to your rights under applicable consumer law.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Croc Crew reserves the right to accept or decline your order for any reason at its discretion, subject to applicable law.

Your order is not accepted until Croc Crew confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Croc Crew may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to our Return and Refund Policy, including your rights under Australian Consumer Law.

You represent and warrant that your purchases are for your own 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 or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include shipping, handling, customs or import charges. Any applicable taxes and shipping charges will be displayed in accordance with applicable law.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores.

You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct and complete, that you are duly authorised to use the payment method, and that you will pay applicable charges at the prices displayed and accepted at checkout.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates unless expressly stated otherwise.

Delivery times may vary according to product availability, production requirements, destination, carrier operations and circumstances outside our reasonable control.

Some Croc Crew clothing products are printed to order and may require additional production time before dispatch.

Different items within an order may be fulfilled separately.

Shipping options and applicable charges are displayed at checkout.

If your order is delayed, lost, damaged in transit or delivered incorrectly, please contact admin@croccrew.com so we can investigate and assist.

Nothing in this section excludes, restricts or modifies any rights or remedies available to you under Australian Consumer Law.

Please refer to our Shipping Policy for further information.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Croc Crew, its affiliates or licensors and are protected by applicable 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, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent, except as permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright or other intellectual property of Croc Crew, Shopify or any third party.

All rights not expressly granted herein are reserved by Croc Crew.

Croc Crew's names, logos, product and service names, designs, artwork and slogans are trademarks or other intellectual property of Croc Crew or its affiliates or licensors, as applicable.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge that such third-party tools may be provided “as is” and “as available”, subject to applicable law.

Any use of optional tools offered through the site is at your discretion, and you should ensure that you are familiar with the terms on which the relevant third-party provider offers those tools.

We may also, in the future, offer new features through the Services, including the release of new tools and resources.

Such new features shall also be deemed part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access these materials or third-party sites, please review the relevant provider's terms, policies and practices.

Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party, where appropriate.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Croc Crew is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our store are made directly with Croc Crew.

By using the Services, you acknowledge that Shopify is not the seller of the products purchased directly from Croc Crew.

Shopify's role as the ecommerce platform provider does not remove or restrict any consumer rights you may have against Croc Crew under applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit to the Services may be transmitted to and shared with Shopify and relevant service providers, including providers located outside Australia, as described in our Privacy Policy.

Please review our Privacy Policy for further details.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “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 purposes connected with operating, improving and promoting the Services, to the extent permitted by applicable law.

You represent and warrant that you own or have all necessary rights to the Feedback you submit, have disclosed any compensation or incentives received in connection with the submission, and that the Feedback complies with these Terms.

We may monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.

You must not submit Feedback that infringes the rights of others, contains malicious software or deliberately misrepresents its origin.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and update information as necessary, subject to applicable law and customers' statutory rights.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not use the Services to:

  • Engage in unlawful, fraudulent or malicious activity.

  • Violate applicable laws or regulations.

  • Infringe intellectual property or other legal rights.

  • Harass, abuse, threaten, defame or intimidate others.

  • Transmit deliberately false or misleading information.

  • Distribute malware or interfere with website security.

  • Send spam, phishing messages or other unauthorised communications.

  • Impersonate another person or organisation.

  • Access or misuse personal information without authorisation.

  • Interfere with the operation or security of the Services.

We reserve the right to suspend or terminate access where these Terms have been breached, subject to applicable law.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services, in whole or in part, where permitted by applicable law.

You remain responsible for amounts properly due in connection with orders already accepted.

Provisions that by their nature should survive termination, including intellectual property rights and applicable legal obligations, will continue to apply.

SECTION 15 - DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes.

We endeavour to provide accurate and reliable content but cannot guarantee that every aspect of the website will always be uninterrupted or error-free.

To the extent permitted by law, the Services are provided on an “as is” and “as available” basis.

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

SECTION 16 - LIMITATION OF LIABILITY

To the extent permitted by applicable law, Croc Crew and its service providers are not responsible for losses arising from circumstances beyond their reasonable control.

Any limitation or exclusion of liability in these Terms applies only to the extent permitted by law.

Nothing in these Terms excludes, restricts or modifies any rights or remedies available under Australian Consumer Law, including rights relating to faulty, damaged, misdescribed or otherwise non-compliant goods.

SECTION 17 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify Croc Crew against third-party claims, losses or liabilities arising directly from your unlawful use of the Services or material breach of these Terms.

This provision does not apply to the extent that a loss arises from Croc Crew's own unlawful conduct, negligence or breach of applicable consumer guarantees.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be severed to the extent necessary.

The validity and enforceability of the remaining provisions will not be affected.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

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

These Terms of Service, together with the policies and applicable conditions referenced on our website, constitute the agreement between you and Croc Crew regarding your use of the Services.

Any provision that conflicts with mandatory applicable law will be interpreted subject to that law.

SECTION 20 - ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our prior written consent, except where permitted by law.

We may transfer or assign our rights or obligations where permitted by applicable law, without reducing customers' statutory rights.

SECTION 21 - GOVERNING LAW

These Terms of Service are governed by the laws of Queensland, Australia, and applicable Commonwealth laws of Australia.

Disputes will be subject to the jurisdiction of the courts of Queensland and other courts having jurisdiction under applicable Australian law.

Nothing in this section limits rights or remedies provided by mandatory consumer protection laws.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service on this page.

We may update or replace parts of these Terms by posting revised terms on our website.

We will notify customers of material changes where required by applicable law.

Changes will not remove statutory rights arising from purchases made before the changes took effect.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Croc Crew

Email: admin@croccrew.com

Business correspondence address:

Suite 77, 5 Owen Street
Port Douglas QLD 4877
Australia

ABN: 93 576 468 478

Website: https://www.croccrew.com

Australian Consumer Law

Nothing in these Terms of Service is intended to exclude, restrict or modify any right, consumer guarantee or remedy available under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.