Our Terms Of Use

USE OF THIS WEBSITE IS ACCEPTANCE OF OUR TERMS

WizardPatch™ & wizardpatch™.com & Wizard Patch Pty Ltd, from here on all known as WP, reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms either via this website or ordering via any electronic means therefore engaging the services of WP.

In accordance with our goals, this Web Site will possibly at times permit you to link to other web sites, that may or may not be affiliated with this Web Site and/or WP, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such web sites through links provided on this Web Site is governed by the terms of use and policies of those sites, not this Web Site.

PRIVACY

Registration data and certain other information about you is subject to our Privacy Policy and will not be shared with any entity unless required to do so by law. See our Privacy Policy for more details. You must be at least 18 (eighteen) years of age or older to purchase from this website.

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT
How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us via our contact page on this website or by mailing us at: WizardPatch™ PO BOX 4707 NORTH ROCKS New South Wales Australia 2151

SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.


SECTION 7 - COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).

_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits

_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.

cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.

_secure_session_id, unique token, sessional

storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.


SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are 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 this site.


SECTION 9 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.


QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer via our contact page or by mail at WizardPatch™

[Re: Privacy Compliance Officer]

[PO BOX 4707 NORTH ROCKS New South Wales Australia 2151]

 

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This Web Site is controlled and operated by the UT Group of Companies, and trades as WizardPatch.com from here on known as WP. All content on this Web Site, including, but not limited to text, images and illustrations are protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by WP, or by third party content providers, merchants, sponsors and licensor's (collectively "Providers") that have licensed their content or the right to market their products and/or services to WP. In addition all brand trademarks and names of the products within this site belong solely to those companies. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of WP or the Providers. Without the prior written consent of WP or the Providers, your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the WP and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to WP that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. WP retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of WP.

If you offer artwork to WP by way of email, direct upload on our website or transmit to WP by any other means, you legally declare and confirm that you are the sole rights holder of the artwork and hold full unrestricted extended usage rights for said artwork as well as agree to transfer the necessary copyrights and full extended rights of use to WP, and grant these rights to WP for the purpose of completing your order. You also agree that using your artwork, we in fact generate our own design known as an "emb" file image and we 'may' use said finished embroidered works in display on our website or other controlled platforms such as Instagram and Facebook in order to promote our embroidery products and services. Wizard Patch Pty Ltd accepts that this does not give us the right to sell, trade or otherwise offer your design to others, but merely display said works in a way that shows off the capabilities of our products and services as an ongoing embroidery business. If designs are of a sensitive nature, we will of course understand that these should not be made publicly available.

DISCLAIMER OF WARRANTIES AND LIABILITY

ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WP, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT WP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER WP, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,WP AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WP IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, WP LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

MOST TV AND MOVIE REPLICA PATCHES ARE OFFERED FOR SALE AS IS AND THE CONDITION OF SALE/SUPPLY OF SAID PRODUCTS IS STRICTLY FOR COLLECTING, HALLOWEEN OR OTHERWISE DISPLAY PURPOSES. WP DO NOT RECOMMEND WEARING TV OR MOVIE PATCHES WHILE WALKING AROUND PUBLIC PLACES OR RIDING AROUND ON YOUR BIKE ETC. DOING SO MAY GIVE OTHERS THE IMPRESSION  THAT YOU ARE PART OF A CLUB, GROUP OR ORGANISATION AND SOME ALREADY ESTABLISHED ORGANISATIONS WHO HAVE WORKED HARD TO EARN THEIR COLOURS (PATCHES) MAY TAKE OFFENCE TO THIS. OUR TV AND MOVIE PROP PATCHES ARE NOT TO BE USED IN THIS MANNER AND YOUR PURCHASE OF THESE PRODUCTS IS PROOF OF YOUR  ACCEPTANCE OF THESE SALE/SUPPLY TERMS. FURTHERMORE, IF WP BELIEVE THESE TERMS MAY BE BREACH, WP RESERVES THE RIGHT TO CANCEL ANY ORDER AND REFUSE SALE/SUPPLY OF SAID PRODUCTS AT ITS SOLE DISCRETION. THE DECISION OF WP IS FINAL IN ALL CASES.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless WP and the Providers, its and their officers, directors, employees, affiliates, agents, licensor's, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms. Many products offered on this site are for fancy dress, halloween or promotive purposes. In some countries and certain states, the wearing of certain biker patches may be offensive to others. By using this site and purchasing from it you declare that you are 18 years of age or older, and agree to these terms and understand that the sole responsibility is taken by you "the purchaser" for understanding and complying with your local laws and customs whether set by legal foundations or MC clubs and their members officially or otherwise. Your use of the products supplied throughout the WP site is entirely at your own risk.

THIRD PARTY RIGHTS

These Terms are for the benefit of WP and its Providers, its and their officers, directors, employees, affiliates, agents, licensor's, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

ENTIRE AGREEMENT

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between WP, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

EXTERNAL FEES AND / OR CHARGES, DUTIES, TAXES ETC

Certain countries around the globe have strict controls over imports and exports especially regarding the taxes, fees and charges for both. By using this website, and making purchases, you agree and understand that you will be responsible for, and abide by, the customs agencies in your country with regards to the payment of any fees, charges, taxes or duties of any kind, which are either a direct or indirect result of the importation of your purchase on the WP site. You also further agree to hold harmless WP and its officers, of any charges or fees that result in the receipt of your goods within the destination country, by you or anyone acting on behalf of you, the purchaser. Furthermore, the fees and / or charges payable, are a direct and sole responsibility of the purchaser (you), and your purchase from our site is proof that you have read these and accept these terms regarding import duties and / or taxes, this is also part of the agreement on our final checkout page that will have to agree to prior to be able to finalise your purchase. WP will not accept any return or claim of any kind as a direct or indirect result of duties or fees paid / payable in the receivers / purchasers country. In addition, should you refuse to accept a delivery from us via one of our couriers due to any duties you may not want to pay, and the item is subsequently returned to us, we will refund the item cost only, less any and all shipping and associated costs in getting the item to you, and then the return of the item back to us. So please think carefully about refusing a purchase based on your change of mind due to duty/s payable in your country. It may just work out more expensive to refuse the item! 

NOTE: WP does not provide shipping services to enable delivery or receipt to or by P.O. Box or APO or similar non physical addresses. All addresses must be physical addresses. They can be Private residential or business, but must be a physical address whereby the purchaser / receiver can signature receive delivery for the purchase.

Cancellation of Purchases and Transactions

WP reserves the right to cancel & refund any purchase / transaction / order at its own discretion with or without prior notice. Some reasons for cancellation may be, however not limited to, suspected acts of fraudulent activity, failure to supply correct details on more than one occasion, non payment or incomplete payment, an order that is un-viable and/or the shippers destination together with the shipping method chosen would put WP at a loss, or attempts to interfere with the workings of the site, server etc. WP reserves the right to update these terms as set out herein at any time. WP retains ownership of all goods and merchandise and ownership rights do not pass to the consumer until all monies owed are duly paid. WP reserves its right to recover all costs in whichever manner it deems suitable. This may include, but not limited to, the sale of goods after a period of 90 days has passed from the original order. WP makes no claim of design ownership other than claim of right to recovering costs for material and work that belongs to WP and its Directors. By passing designs to WP and engaging in our services, you acknowledge the design is yours and you have sole rights to the design and duly authorize the manufacture of said goods by WP. In the event that these goods are not paid for and you fail in your agreement to make good the restitution of costs within 90 days you hereby grant WP permission to dispose of said goods and recover any monies possible by means of sale, disposal, or trade but not limited to the aforementioned. It is necessary prior to each purchase / dealing with us at WP that you review these terms. Purchasing from our site is proof of your acceptance of these terms.

LINKS

This Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under WP control, and WP is not responsible for, and does not endorse, such content, whether or not WP is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by WP, or its affiliates or Providers.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY WIZARDPATCH™.COM

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