Terms Of Use
Welcome to the Nashdesignsonline (“Company”) website located at www.nashdesignsonline.com (and the services made available through same (together, the “Website”)). By accessing or using the Website, you indicate that you have read and understand this Terms of Service Agreement (the “Terms of Service”), which incorporates by reference our Privacy Policy, and agree to be legally bound by it. Our Privacy Policy is located at https://www.nashdesignsonline.com/pages/privacy-policy/. You must accept this Terms of Service in its entirety to use the Website. If you do not understand or have questions about the Terms of Service, immediately stop all use of the Website and contact service@nashdesignsonline.com. If you do not accept this Terms of Service, you may not use the Website. Your continued use of the Website constitutes your agreement to the most current version of this Terms of Service. If at any time you do not agree to this Terms of Service, you must cease your use of this Website.
The Terms of Service apply only to the Website and do not apply to any other websites or applications that are linked to the Website. For access to the terms and conditions or privacy policies of any other websites or applications, please refer to the policies of such websites or applications. The Terms of Service are subject to change at any time by us, without prior notice to you, by our posting them on the Website. It is your obligation to review the Terms of Service before accessing the Website. Any changes to the Terms of Service will be effective immediately upon our posting them to the Website, unless otherwise stated. We reserve the right to change the contents of the Website at any time, with or without notice.
I. Termination Of Access
Use of this Website is a privilege. Users who violate this Terms of Service may be denied access to the Website, and we reserve the right to suspend your use of the Website for any reason at any time, in our sole discretion. The Website and its contents are only intended for the use of children under the age of 18 in strict compliance with our Privacy Policy, and at all times, only under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, action taken on the Website.
You are not permitted to use or access this Website if you are in the European Union, the European Economic Area, the United Kingdom, Japan, South Korea or any other location which prohibits us, or limits us, from obtaining personal information from you in accordance with these Terms of Service.
II. Definitions
For the purposes of this Terms of Service, the following definitions apply:
“Content” includes all Text, Graphics, Design and Programming used on the Website.
“Graphics” includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.
“Programming” includes, but is not limited to both client-side code (including but not limited to HTML, PHP, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Website.
“Text” includes all text on every page of the Website, whether editorial, navigational, or instructional.
“User” or “you” or “your” refers to any individual who uses or accesses any aspect of the Website or its services.
III. Use Of This Website
We reserve the right to refuse to provide services to anyone for any reason at any time. You understand that your content (not including credit card information), 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. Credit card information is always encrypted during transfer over our networks. Our use of your credit card information is additionally subject to our Privacy Policy. The headings used in this Terms of Service are included for convenience only and will not limit or otherwise affect this Terms of Service.
All usage of the Website is at your own risk.
Account Registration
You are permitted, but not required to create an account with us. An account will allow you to store addresses and view order history. Your use of the account, like your use of the Website shall be subject to our Privacy Policy at https://www.nashdesignsonline.com/page/privacy-policy. In creating an account or providing information to us in any manner, you agree to provide only true, accurate, current, and complete information, and you represent and warrant that you are at least 18 years old and, as applicable, the legal guardian of any minor whose information you provide. By registering for an account, you grant us permission to send emails, offers, promotions and other marketing material to you via email and text concerning our Services and related services we reasonably believe you may be interested in. You may unsubscribe at any time by clicking the unsubscribe link in the footer of every promotional email.
Account Information
You must keep your account information up-to-date and accurate at all times, including a valid email address and mobile number.
You are responsible for maintaining the security of your account and password, and you are fully responsible for all activities and actions that occur in connection with the account. You agree to protect your password by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Website by the party using your account, and agree to indemnify the Company against any loss or damages suffered as a result thereof. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions.
IV. Acceptable Use Of The Website
The Website and its services are intended to provide information about our goods and products including belts, wallets and leather accessories, and provide the information identified and contained on the website and to provide services related thereto, including handling sales, returns and inquiries. The Website may be used in a manner consistent with this purpose, and only within the context of the information set forth on the Website.
You may not collect or use any portion of the content of this Website in any derivative way, or download, or copy information or other matter for use of any other party. You may not gather information and data on the Website from mining, robots, or other extraction tools. The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by this Terms of Service, and may not be excerpted, summarized, duplicated, or otherwise removed from the Website except with our explicit, written permission. In addition, you represent, warrant, and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by this Terms of Service or by applicable law. You also may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any Users. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website. Any unauthorized use terminates the permission or license granted by the Company, in addition to all rights at law or in equity.
You are specifically prohibited from posting, sending, submitting, publishing, or transmitting in connection with this Website any material that is unlawful or for illegal activity. You agree not to use this Website to do any of the following:
• upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
• upload, post, email, transmit, submit, share, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit, submit, share, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
• upload, post, email, transmit, submit, share, or otherwise make available information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
• upload, post, email, transmit, submit, share, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer or application code, files or programs designed to interrupt, destroy or limit the functionality of any device software or hardware or telecommunications equipment, or intercept, download or transmit unauthorized data;
• use the Website, or other activities to “stalk” or otherwise harass or harm another, or improperly access another’s information;
• advocate illegal activity or an intention to commit an illegal act;
• impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
• advertise or otherwise engage in any commercial endeavor without the Company’s explicit, written permission;
• use the Website in any manner that could damage, disable, overburden, or impair any server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Website or interfere with any other party’s use and enjoyment of the Website;
• attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to any Company server, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;
• intentionally or unintentionally violate any applicable local, state, national or international law;
• provide or attempt to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Australia government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
V. Products And Billing
You may purchase our goods and products on or through the Website. These goods and products may have limited quantities and are subject to return or exchange only according to our Return Policy We have made every effort to display as accurately as possible the colors and images of our products that appear in person. We cannot guarantee that your computer monitor’s display of any color will be accurate or that the platform will display the goods and products accurately or that reflect the most recent changes to the goods and products. We reserve the right, but are not obligated, to limit the sales of our goods and products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any goods or products we offer. All descriptions of our goods or products or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any of our goods or products at any time. Any offer for any of the goods or products is void where prohibited by law or these Terms of Service.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing and shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We are under no obligation to you or any third party to ensure that your personal information aligns with credit card information submitted by you in connection with your purchase.
VI. Intellectual Property Rights
The Company owns any and all intellectual property rights relating to the Company brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the “look and feel” of the the Company brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the “Intellectual Property”). Your use of the Website does not grant you any rights or licenses relating to the the Company Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of Service. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purpose. All other product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.
VII. Monitoring Of Information
We do not assume any obligation to review the content of any information submitted to the Website by Users, if any each user assumes the risk of verifying the accuracy of information provided to the Company. Notwithstanding the foregoing, the Company reserves the right to monitor the use of this Website to determine compliance with the Terms of Service or for any other purpose whatsoever. The Company further reserves the right to seek any remedy available at law or in equity for any violation of the Terms of Service.
The Company reserves the right to cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone using the Website or otherwise making available any materials that are believed to violate the Terms of Service or law. You agree to waive and indemnify and hold the Company harmless from and against any and all claims whatsoever resulting from or in connection with any action by the Company regarding any investigations either by the Company or law enforcement authorities.
VIII. Procedure For Making And Responding To Claims Of Copyright Infringement
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, Australia Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to Website’s designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under Australia. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (4) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement can be reached as follows:
E-mail Address:
service@nashdesignsonline.com
Attention: PRIVACY OFFICER
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the person alleged to be infringing that the Company has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the person alleged to be infringing who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
IX. Information You Provide To The Company Via This Website
If you choose to provide any personal information via this Website, the information will be used only for certain purposes, as described in our Privacy Policy. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Policy.
X. Disclaimer Of Warranties & Limitations Of Liability
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and the obligations and liabilities of us in respect of your use of the Website, is expressly limited as follows:
Third-Party Websites
Notwithstanding the presentation of, or links to, any third-party information or website/app on the Website, no such presentation shall be considered an endorsement, guarantee, representation, or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Website. Access to third-party websites/apps from the Website is done at your own risk. The Company makes no representations or warranties regarding any opportunities found via the Website. Any such opportunities and information are provided “as is”, except to the extent otherwise set forth in a license or sale agreement entered into in writing between you and the Company or with respect to warranties that may be provided by the provider of the opportunity, if any.
Disclaimer of Endorsement and Liability
The representations, views, and opinions expressed or implied in any document or image included in, or linked to or from this site, do not necessarily state or reflect those of the Company unless we explicitly say so. The Company does not endorse or recommend, and assumes no responsibility or liability for any actions, opinions, information or representations of any User, company or information contained on the Website, nor do we guarantee or assume liability for the accuracy, completeness or usefulness of any information maintained by us.
XI. General Information
Entire Agreement. These Terms of Service, together with the Privacy Policy and our 100 Year Warranty, Refund Policy and Military Discount all as and to the extent explicitly set forth on the Website, constitutes the entire agreement between you and the Company governing your use of this Website, superseding any prior agreements between you and the Company with respect to this Website.
Waiver and Severability. The failure of the Company to enforce any right of the provisions in the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms of Service, and the Terms of Service shall be construed without regard to the invalid, illegal, or unenforceable provision.
Choice of Law; Jurisdiction; Venue. Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by Australia without giving effect to any conflict of laws provisions. By accessing this Website, except as otherwise set forth in Section XI hereof, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the Australia. You agree to submit to the personal and exclusive jurisdiction of the courts located in Australia. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.
Viruses and Transmission of Sensitive Information. The Company cannot and does not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your device’s system to satisfy your requirements to protect against viruses. the Company does not assume any responsibility or risk for your use of the Internet, nor does the Company assume any responsibility for any products or services of, or hyperlinks to third-parties.
Miscellaneous. We do not represent that materials on the Website are appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Service or Privacy Policy is found to be unenforceable for any reason, then such provision shall be deemed deleted from the Terms of Service or the Privacy Policy, as the case may be, and shall not affect the validity or enforcement of any remaining provisions.