If you are a affiliate user please read the terms of service and then the Affiliate Terms And Conditions

1. TERMS OF USE:

By using UnderMyCap website you are agreeing to our terms of use and all the other conditions laid out in this site.

UnderMyCap reserves the right to change its terms without notice. We encourage visitors to review our terms of use regularly to ensure they are aware of any changes.

Purchasers from this website agree that they are 18 years of age or older. If purchasers are under the age of 18 years of age they agree that a parent or guardian has assisted them to purchase from this site.

2. DISCLAIMER:

UnderMyCap is providing this website on an “as is” basis and makes no warranty or representations as to (1) the accuracy of information provided; (2) that the services and functions offered will be error free or uninterrupted; or (3) about the merchantability or suitability of products for a particular purpose. UnderMyCap accepts no liability whatsoever for any damage or loss by users or third parties, resulting from the use of our Website, however incurred.

3. PRIVACY:

Any information you provide to us may be stored and will not be sold or traded to third parties however we take no responsibility if any data is stolen, hacked or used in any way without our permission as the internet is not always secure. UnderMyCap will sometimes send promotional and improvement emails ourselves, or via third parties, in order to improve the service we provide to you. We will always give you the opportunity to withdraw your approval by contacting us.

By giving and providing your data from third parties and this site, UnderMyCap can use it to help provide a better service, provide you with more relevant information and use your data to send promotional customisable information.

Conditions of Website Use: By using

UnderMyCap, you indicate your agreement to these Terms of Use. If you are not agreeable to these Terms of Use, please do not use this site.

Governing Law: Your use of this Website and any purchase made by you on this website of any products will be governed by Australian Law and will be deemed to have occurred in the Australia.

4. THIRD PARTY WEBSITES

This website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. UnderMyCap is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. UnderMyCap will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.

This website uses plugins to enhance the user experience. By using the website you acknowledge and accept that we use plugins on our site.

5. MODE OF ACCESS

In order to use this website, you will need internet access, devices and systems which are compatible with this website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). UnderMyCap has no obligation to make this website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this website.

6. VIRUSES

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. UnderMyCap will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this website.

7. SEVERABILITY

If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use

8. MATERIAL SUBMITTED BY YOU

Certain parts of this website may allow you to submit materials (including links to third party content) which can be accessed and viewed by the public (UGC). By using these features, you acknowledge and agree that:

  • you will only publish User Generated Content (UGC) that is your original content of which you are the sole author (and the sole owner of all intellectual property rights embodied in such content), or where the content is adapted from existing content, you have obtained all consents and licences from third parties necessary for the submission and display of your UGC on this website and the grant of the licences by you to UnderMyCap under these Terms of Use;
  • the submission and display of your UGC on this website, is not in breach of any third party’s rights or any applicable laws;
  • you waive all moral rights that you may have in your UGC;
  • none of your UGC is subject to any obligation of confidence on the part of UnderMyCap  its officers, directors, agents, related bodies corporate, employees and third party service providers;
  • UnderMyCap has no obligation to monitor UGC but may do so and may edit, amend or remove UGC in its absolute discretion without notice to you;
  • you will not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
  • you will not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of this website or any computer software or equipment;
  • your UGC shall not contain material that is false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, libellous, hateful, racially biased or which a reader may reasonably find offensive, inappropriate, abusive or indecent or otherwise unlawful and will not promote pyramid schemes or chain letters;
  • you grant an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable licence to UnderMyCap Store to use and display your UGC on this website, modify, adapt, publish, create derivate works from, sell and distribute your UGC, without any compensation or obligation to you;
  • the use by UnderMyCap of your UGC in accordance with the licences granted by you to UnderMyCap under these Terms of Use will not breach any third party’s rights; and
  • UnderMyCap has no responsibility for your UGC and you agree to indemnify UnderMyCap (and its officers, directors, agents, related bodies corporate, employees and third party service providers) from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be suffered or incurred by UnderMyCap (or its officers, directors, agents, related bodies corporate, employees and third party service providers) arising out of, or in connection with, your UGC (including any breach of these Terms of Use by you or your UGC).

To the extent that your UGC includes a rating or review of a product or service, by submitting your UGC, you further represent and warrant to UnderMyCap that:

  • you are a bona fide user of that product or service, and the rating or review reflects your honest opinions, findings, beliefs and experiences in relation to that product or service;
  • save to the extent disclosed in the rating or review, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and
  • save to the extent disclosed in the rating or review, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service (or any competitor of the manufacturer or provider of that product or service) which could reasonably be expected to compromise the impartiality of the rating or review.

To the extent your UGC includes a question or query, you acknowledge that UnderMyCap may answer your question or query solely in its own discretion, but is not under any obligation to answer your question or query. Further, you acknowledge and agree that any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.

By submitting your email address (or any other contact details) in connection with your UGC, you agree that UnderMyCap and its third party service providers may use your email address (or other contact details) to contact you about your UGC and as otherwise set out in UnderMyCap’s  Privacy Policy.

If you find content on this website which you think infringes your intellectual property rights or is in breach of these Terms of Use, visit my account page and specify the following information in contact tab:

  • your name;
  • your address;
  • your phone number;
  • your email address;
  • information to allow us to find the relevant content on this website;
  • a description of the item or items that you believe is in breach of your intellectual property rights or these Terms of Use, and the reasons for this; and
  • where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).

9. Payments

We use Square and PayPal to accept payments on our store. By using these services to pay you acknowledge and accept Square and PayPal’s terms of service and privacy policies.

10. Gift Cards

When buying a gift card on undermycap you agree that your details that you have input such as recivers email address has been correctly spelt and is a valid email before proceeding to checkout. Gift cards are not refundable as soon as you buy a gift card it is owned. To activate a gift card use the code at checkout and the correct amount of money will be deducted from the card. If money is leftover on your gift card after a purchase it will be added to your account if logged in and will be able to be used at next checkout if activated you can manage your cards in the my accounts page.

11. Third Party Data Sharing

UnderMyCap may also use third party softwares such as google analytics, Facebook Pixel and other programs to determine how customers behave and interact with the website. This can help discover improvements that can help improve UnderMyCap.com. By using the website you acknowledge that your data can be used with third party applications and softwares to further improve UnderMyCap.com. If you do not wish to have data collected don’t use the website.

Last Modified 24 April 2020

*If you are a affiliate user please read the terms of service and then the Affiliate Terms And Conditions

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