Terms Of Service
OVERVIEW
This website is operated by CASE XPRESS PTY LTD (referred to as "CASE XPRESS" throughout the site). Throughout the site, the terms “we,” “us,” and “our” refer to CASE XPRESS PTY LTD. CASE XPRESS PTY LTD offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
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.
SECTION 1 - ACCESS & MEMBERSHIP
Summary: To use CASE XPRESS services, you must be of legal age to enter into a binding contract and are fully responsible for your account and its use. If you breach these Terms of Service or act in bad faith, we may modify, cancel, or refuse services at any time.
To access the full benefits of CASE XPRESS, you may register an account and become a member ("Member"). Membership requires you to register on our website and truthfully provide all required personal information. You may opt out of marketing and promotional emails at any time. You can cancel your membership online through the website.
To complete registration, you must provide your first name, last name, email address, and password. You may not use another user's CASE XPRESS account without permission. You are solely responsible for all activities under your account and must keep your password secure. If you become aware of any security breach or unauthorized use, notify CASE XPRESS immediately. While CASE XPRESS is not liable for any losses due to unauthorized use of your account, you may be responsible for losses incurred by CASE XPRESS or others as a result.
CASE XPRESS reserves the right to change, suspend, or discontinue services, products, fees, charges, and terms at any time, including the availability of any features or content. However, this does not affect confirmed orders for Australian-based customers. We may impose limits on certain features or restrict access to parts of our services without notice or liability.
If you are an individual, you must be at least 18 years old to use our services. If you use our services on behalf of an organisation, you confirm that you are authorized to bind that organisation to these Terms & Conditions.
This agreement is void where prohibited by law, and access to our services is revoked in such jurisdictions.
SECTION 2 - MODIFICATIONS
Summary: We may modify our terms, services, and fees. Check our website for updates.
CASE XPRESS reserves the right to modify these Terms of Service, services, and any associated fees at any time. All modifications take effect immediately after they are posted on our website.
It is your responsibility to review any changes. By continuing to use our website or services after modifications are posted, you agree to the updated terms. If you do not agree with the modifications, you must notify CASE XPRESS in writing (including by email) within 30 days and request account closure.
Failure to review or object to updated terms within 30 days will be considered acceptance of the changes.
SECTION 3 - CONTENT
Summary: CASE XPRESS respects intellectual property rights and expects you to do the same. You retain ownership of your content, but we may use it to provide services. If we receive a takedown notice regarding your content, we may remove it or suspend access to our services.
Responsibility for Content
You are solely responsible for any content you upload or post using our services. You confirm that you own or have the necessary rights to use all uploaded content (including photos, images, logos, or designs) and that you are not infringing any third party’s rights.
Permission to Use Your Content
CASE XPRESS acknowledges that any content you post remains your property. We will use it only to provide services or as needed to support our platform’s operation. We will not use your content without your permission, except as outlined in this agreement.
Rights You Grant CASE XPRESS
By posting content, you grant CASE XPRESS a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, and perpetual license to use, display, edit, modify, reproduce, distribute, store, and create derivative works of your content. This license allows us to provide services, improve user experience, and promote CASE XPRESS and your store across various channels, including our website, social media, and advertisements.
Intellectual Property
You must own or have express permission to use any content you upload. All uploaded content must comply with copyright, trademark, and other intellectual property laws.
Inappropriate, False, or Misleading Content
You agree not to post content that is abusive, defamatory, obscene, illegal, misleading, fraudulent, or otherwise offensive.
Reporting Unauthorized Content
If you believe content posted through our services infringes on intellectual property rights, you may report it to us. CASE XPRESS will follow legal procedures to address and remove infringing content if necessary.
SECTION 4 - USE OF SERVICET
By using CASE XPRESS services, you agree to use our platform responsibly and in accordance with our Terms & Conditions. We will primarily communicate with you via email.
License to Use Our Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our platform and services for your business, subject to this agreement. You may not use our services for unlawful purposes or in ways that infringe on intellectual property rights.
Compliance with the Law
You must comply with all applicable Australian laws and regulations while using our services. This includes obtaining necessary permits or licenses for your store and avoiding fraudulent or unlawful activities. You may not use our services to impersonate CASE XPRESS, its employees, or any other entity, nor engage in activities that exploit or harm minors.
System Integrity
You must not interfere with or disrupt our services, platforms, or systems (e.g., uploading harmful material such as viruses). CASE XPRESS reserves the right to audit its platform to ensure compliance with these terms.
Intellectual Property of Digital Assets
Any digital assets (mockups, images, templates, etc.) created by CASE XPRESS are for promoting and selling our products only. You may not use these assets for unauthorized purposes or in connection with other brands.
Sharing Ideas with Us
We welcome your suggestions! Any ideas, concepts, or materials submitted to CASE XPRESS are considered non-confidential. By submitting ideas, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and publish them for any purpose, without compensation.
Communication with You
We will send you important legal updates via email. By using our services, you agree to receive electronic communications as our primary method of contact.
SECTION 5 - CONTENT AND SERVICES
Summary: You are responsible for communicating with your customers and handling any claims they might have. We provide our services on an "as is" basis, meaning there may be occasional errors or interruptions.
Items Your Customers Purchase Through Our Site
You understand that CASE XPRESS does not provide any warranties for the content, products, or stores that you operate. Any legal claims related to a product your customers purchase must be brought directly against you as the seller. CASE XPRESS is not responsible for claims arising from misrepresentations you make to your customers or for any physical injury or property damage caused by the products you sell.
Content You Access
While using our services, you or your customers may come across materials that you find inappropriate or offensive. We do not control or take responsibility for content posted by others. CASE XPRESS is not liable for any inaccuracies, copyright issues, legality concerns, or offensive material that may be accessed through our services. You release us from all liability related to such content.
Third-Party Services
Our site may include links to third-party websites or services (such as Facebook, Instagram, and other platforms). Your use of these third-party services is at your own risk. CASE XPRESS does not own or control these services, and we are not responsible for their content, policies, or actions. When using third-party services, you may need to accept their separate terms of use. CASE XPRESS is not a party to those agreements.
Services
We strive to provide the best service possible, but we cannot guarantee perfection. Our services are provided "as is", meaning we do not guarantee that our services will always be secure, error-free, or available at all times. We are not responsible for delays, interruptions, or data loss that may occur when using our site and services. We do not guarantee that any errors on our platform will be fixed immediately. We do not guarantee that the results of using our services will always meet your expectations.
Liability Limits
To the fullest extent permitted by Australian law, CASE XPRESS is not liable for any lost profits, sales, revenue, or business opportunities. We are also not responsible for any indirect, incidental, special, or punitive damages arising from the use of our services. Additionally, any claims are limited to the actual amount you paid for the service or product purchased through our site. Some jurisdictions may not allow certain liability limitations, so these terms may not apply in every case.
SECTION 6 - LIMITED WARRANTY ON PRODUCTS
Summary: We stand by the quality of our products. If you receive a defective or damaged item, you may be eligible for a replacement or refund. Please contact us as soon as possible to resolve any issues.
Limited Warranty:
CASE XPRESS guarantees that, at the time of delivery, our products will be free from material defects or damage.
What This Warranty Covers:
If you receive a product that is defective or damaged upon delivery, we will either replace the product at no extra cost or issue a refund for the product and shipping fees.
What This Warranty Does Not Cover:
This warranty does not cover damage caused by misuse, mishandling, or improper storage of the product, failure to follow product care instructions, modifications or unauthorized repairs, accidents, fire, flood, or other external causes. It also does not cover general wear and tear, including minor cosmetic differences from website images.
Warranty Period:
The warranty is valid for 30 days from the delivery date.
How to Submit a Warranty Claim:
Inspect your order upon delivery. If your product is defective or damaged, contact us within 30 days with your order number, a description of the issue, and clear photos showing the defect or damage. We will assess the claim and offer a resolution, either a replacement or refund.
Limitations of Liability:
Our liability for any defective product will not exceed the amount paid for the product. CASE XPRESS is not responsible for indirect, incidental, or consequential damages.
SECTION 7 - YOUR RIGHTS IN THE CASE OF LACK OF CONFORMITY
Summary: If you are a customer in Australia, this section outlines your rights regarding any issues with your order.
If you are a customer residing in Australia, the consumer guarantees established by the Australian Consumer Law (ACL) apply to the sale of our products. Under the ACL, you have the right to request a repair or replacement if the products you receive are faulty, damaged, or do not meet the description provided.
What You Are Entitled To:
Due to the customisable nature of our products, we do not accept returns or offer refunds for change of mind. However, if the product you receive is faulty, damaged, or does not conform to the description provided, you are entitled to:
- A free repair or replacement of the product.
- If a repair or replacement is not possible, you may be eligible for a full refund.
Exceptions to Your Rights:
In the case of the following products, you do not have the right to cancel your order or return the product as set out in our Return Policy:
- Products that are made to your specification or personalised with your custom design.
- Products that are sealed for health or hygiene reasons and have been opened after delivery.
How to Submit a Claim for Faulty or Damaged Products:
If the product you receive is faulty, damaged, or does not meet the description provided, please contact us as soon as possible. You must notify us within 14 days of receiving the product. You can contact us at support@casexpress.com with your order number, a description of the issue, and clear photos showing the defect or damage.
Returning Faulty or Damaged Products:
Once your claim is assessed and approved, you may be asked to return the faulty or damaged product to us. We will cover the return shipping costs for defective or faulty items. The product should be returned to the address provided on the original packaging.
Refund Process:
Upon receiving the returned product, we will issue a refund for the cost of the product and any standard delivery fees (excluding any additional costs due to your selection of a delivery method that is more expensive than the standard option we offer). Refunds will be processed within 14 days of receiving the returned product.
Diminished Value:
If the product has been handled in a way that is not necessary to establish its nature, characteristics, or functioning, you may be liable for any diminished value of the product.
SECTION 8 - RESPONSIBILITY OF SITE MEMBERS AND VISITORS
Summary: When using CASE XPRESS services, it's your responsibility to follow our policies. Violating these policies may result in restricted access or termination of your account.
By using our services, you agree to adhere to our policies. If you violate our policies or breach any terms of this agreement, we may suspend or terminate your access to our website and services.
CASE XPRESS and its team have the right (but not the obligation) to review, reject, or remove any content made available via our services. We may block, remove, or disable access to content that we deem inappropriate or violates our policies. You acknowledge that it is your responsibility to assess and bear any risks related to the use of content on our site, including the accuracy, completeness, or usefulness of such content.
If we believe that you are creating problems, causing potential legal liabilities, violating our agreement, or acting inconsistently with the spirit of our policies, we may take actions including, but not limited to:
1) Limiting, suspending, or terminating your account.
2) Prohibiting access to our site and services.
3) Delaying, removing, or blocking content you have uploaded.
4) Taking legal or technical steps to restrict your access.
We also reserve the right to cancel accounts that are unconfirmed or inactive for extended periods.
Accurate Information:
You are responsible for providing CASE XPRESS with accurate and truthful information, including personal details (such as your name and contact information) and product details (such as pricing). If you provide inaccurate or false information, you may be liable for any damages, including taxes or other costs, arising from this misinformation. You agree to reimburse CASE XPRESS for any losses caused by incorrect information. We also reserve the right to charge you for these losses and suspend or limit your access to our services.
SECTION 9 - PAYMENTS AND FEES
Summary: To use CASE XPRESS services, you need a valid payment method (e.g., credit card, PayPal) that you are authorized to use. All fees will be charged to your payment method, and you may be responsible for any chargeback fees for returns or claims that do not align with our policies.
To place an order or pay for services, you must provide valid payment details. By using our services, you acknowledge that all payments will be processed using the payment method you provide. You may choose to save your billing information for future orders, and we may use third-party, PCI DSS-compliant service providers to securely process this information. CASE XPRESS may participate in account updater programs, which may automatically update your payment card details (e.g., card number or expiration date) if your card issuer participates. However, CASE XPRESS cannot guarantee such updates, so you remain responsible for ensuring your payment details are current.
Fees and Pricing: When you place an order or use a service, you agree to pay the fees in effect at the time of the order. These fees will be indicated on the site when you place your order or pay for the service. CASE XPRESS may change fees for services, introduce discounts, or offer promotional pricing from time to time, such as during holiday sales or special events. Any changes in pricing will be posted on our site, and any promotions or new services will be communicated to you as applicable. You will be charged immediately once you confirm your order, and you will receive an email confirmation.
By placing an order or paying for services, you confirm that you are legally entitled to use the payment method you’ve provided. If you are using a credit card or other payment method, you affirm that you are the cardholder or have the cardholder’s express permission to use the payment method for the transaction. In the case of unauthorized use of a payment method, you will be personally liable for any damages and must reimburse CASE XPRESS for any losses incurred due to such unauthorized use.
Responsibility for Payment Details: You represent that the billing information you provide to CASE XPRESS is accurate, complete, and up-to-date. You further confirm that your financial institution or payment service provider will honor the charges incurred by you, including charges for products and services. If there are any returns or claims made that do not comply with our policies, you agree to reimburse CASE XPRESS for any associated losses, including fulfillment costs and chargeback handling fees (up to $15 AUD per chargeback), if applicable.
Refusal of Transactions: CASE XPRESS reserves the right to refuse any transaction for any reason and may refuse to provide services to anyone at our sole discretion. We are not liable to you or any third party for refusing or suspending any transaction after processing has started.
Currency and Taxes: Unless otherwise stated, you can choose your preferred currency from the options available on our site. All fees and payments will be quoted in this currency. You are responsible for paying all fees, payments, and applicable taxes associated with your use of our site and services. After placing your order, you will receive an email detailing the products ordered, and payment must be made in full (including any taxes and delivery costs) before your products are dispatched.
Discounts and Promotions: CASE XPRESS may offer various discounts at its sole discretion. We also reserve the right to change, suspend, or discontinue discounts at any time. You may find information about available discounts on our site, in marketing and promotional emails, or through other communication channels.
SECTION 10 - TAX
As a customer of CASE XPRESS, you are responsible for paying any applicable taxes to your local taxing authority, unless we have informed you otherwise.
For Australian Customers: All prices on CASE XPRESS products include Goods and Services Tax (GST). GST is applied to all orders within Australia.
For International Customers: Prices listed on the site do not include any applicable customs duties or taxes, such as VAT or other import taxes. You may be responsible for paying any taxes or duties when your order arrives in your country.
SECTION 11 - SHIPPING
Once you've placed an order with CASE XPRESS, it may not be possible to edit or cancel the order. If you need to make any changes, please contact us as soon as possible. While we will try to accommodate any modifications, we are not obliged to do so after the order has been confirmed.
Once your order is confirmed and dispatched to the carrier, we cannot take responsibility for any changes, including address updates, unless you contact us immediately after placing the order.
Shipping Risk and Responsibility: The risk of loss or damage to your products passes to you once your order is handed over to the carrier. It is your responsibility to file a claim with the carrier for any lost or damaged products if tracking shows the product was delivered. CASE XPRESS will not issue a refund or send a replacement if the carrier tracking confirms delivery but the product is not received.
Claims for Lost or Damaged Items: If your order is lost in transit, you must submit a claim within 30 days of the estimated delivery date. Please contact the carrier directly to file a claim, as we are not responsible for lost or delayed shipments once they are handed over to the courier.
We do not ship to P.O. boxes, so please provide a valid street address for delivery.
SECTION 12 - DESCRIPTION OF PRODUCTS
At CASE XPRESS, we strive to offer the best products and designs. However, we cannot guarantee that the product images on our website will be 100% accurate, nor can we promise that manufacturing will not result in slight variations or damages.
Product Representations: We make every effort to accurately represent each product through high-quality images and detailed descriptions. While we work with designers and photographers to provide the best possible visuals, colors and details in images may differ slightly from the actual product. Sizes and dimensions are also approximate and may vary slightly.
Product Modifications: We reserve the right to amend product specifications, prices, packaging, and related services without prior notice to ensure we provide the best quality and performance. We encourage you to review the product descriptions closely before making a purchase.
Damaged Products: Although we do our best to ensure that no damaged products are shipped, occasionally, issues may arise during manufacturing. If any items are damaged, we will not knowingly ship them to you. In some cases, these damaged items may be donated to charity. By purchasing from us, you waive any claim to royalties or fees for products that are donated.
Out of Stock Products: If a product you have ordered is out of stock and you have not opted out of product substitutions in your store settings, we may substitute the out-of-stock item with a comparable alternative at our discretion, without prior notification. If a product alternative costs more than the original item, we will charge you the original price you paid. If the alternative costs less, we will refund you the difference. You can opt-out of product substitutions by adjusting your store settings. If a substitution occurs, you are responsible for informing your customers about the change.
SECTION 13 - PURCHASE OF PRODUCT
To ensure your orders are processed and shipped as quickly as possible, please make sure all details provided at checkout are correct. CASE XPRESS is not responsible for any missed deliveries due to incorrect or incomplete order information.
Order Confirmation: When you place an order, you are purchasing a product for which you have paid the applicable fees, and once we receive and accept your payment, the order becomes a confirmed purchase. Any products in the same order that we do not accept will not be considered part of the contract. We reserve the right to decline any order at our discretion.
Order Details: All orders must be placed and received via our website. It is your responsibility to ensure that you provide accurate details, including the recipient's name, delivery address, postal code, phone number, and email address. This information is essential to ensure the successful delivery of your products.
We will not be responsible for any missed or delayed deliveries due to incorrect or misspelled information provided at checkout. If you need to make any changes to your order, such as updating the delivery address or phone number, please contact us as soon as possible.
Order Holds: We reserve the right to place your order on hold if there are issues with the print file, security concerns, or if we need to confirm your address. If your order is placed on hold, you will have 30 days to resolve the issue. If the issue is not resolved within that timeframe, we may cancel the order. In the event of a cancellation, a refund will only be issued if work on your order has not yet started.
SECTION 14 - DELIVERY
While we provide delivery estimates to give you an idea of when to expect your order, we cannot guarantee a specific delivery date. Once your order is confirmed and we receive full payment (including delivery fees), we will fulfill the order and pass it on to the carrier. This is the point at which ownership of the products transfers to you or your customer.
Delivery Locations and Costs: We deliver to most locations worldwide. Delivery costs are additional to the price of the product and may vary depending on the delivery location, the type of products, and other factors. Additional charges may apply for remote or hard-to-reach areas. Flat-rate delivery charges are displayed on the checkout page, but we reserve the right to inform you of any additional delivery charges that may apply to your specific delivery address.
Separate Packaging: Some products may be packaged and shipped separately, and depending on the items in your order, deliveries may arrive at different times.
Delivery Times: We provide average delivery time estimates on the Site, but please note that these are only estimations. Some deliveries may take longer, or may arrive sooner than expected. All delivery estimates are subject to change. If there are any changes to your estimated delivery, we will do our best to contact you and keep you informed.
Ownership and Payment: Ownership of the products passes to you or your customer once we receive full payment for the products, including delivery charges and taxes, and the products are handed over to the carrier for shipment.
We strive to make the delivery process as smooth as possible, but we cannot guarantee any specific timelines or the exact delivery date for your order.
SECTION 15 - RELEASE
To the fullest extent permitted by law, you agree to release CASE XPRESS and all associated parties from any and all claims, damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by any CASE XPRESS party, of every kind and nature, whether known or unknown, arising from any right, claim, or matter:
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Disclaimed by CASE XPRESS: Claims related to any products or services for which we provide no guarantees or disclaim responsibility under this Agreement.
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Indemnified or Released by You: Claims for which you have agreed to indemnify or release CASE XPRESS from under this Agreement.
By agreeing to these terms, you acknowledge and accept that CASE XPRESS cannot be held liable for claims or matters related to the exclusions or releases stated above.
SECTION 16 - INDEMNITY
To the fullest extent permitted by law, you agree to defend, indemnify, and hold CASE XPRESS and its associated parties harmless from any claim or demand made by any third party (including, but not limited to, your Customers), as well as any damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known or unknown, incurred or suffered by CASE XPRESS related to or arising from:
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Breach of Agreement: Any breach of this Agreement by you.
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Use or Misuse of Our Services: Your use (or misuse) of our services or products.
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Your Content: Any content you provide, including images, designs, and trademarks, that may infringe on the intellectual property rights (such as copyright, trademark, patent, etc.) or other legal rights of third parties.
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Violation of Laws or Third-Party Rights: Any violation by you of applicable laws or rights of third parties.
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Product-Related Claims: If you are a Merchant, any claims related to the products or items you sell through our services, including claims for misrepresentations made by you to your customers, or claims related to physical injury or property damage caused by your products.
We reserve the right to manage our legal defense in the manner we deem appropriate, even if you are indemnifying us. In such cases, you agree to cooperate with us in executing our defense strategy.
SECTION 17 - GOVERNING LAW
This Agreement, and any disputes or claims arising out of or related to this Agreement, including non-contractual disputes, will be governed by the laws of the State of Victoria, Australia, without regard to its conflict of laws rules. This applies regardless of where you live or are located.
However, if you are a consumer residing in the European Economic Area, Switzerland, or the United Kingdom, the laws of the Republic of Latvia will apply to any dispute arising from or related to this Agreement.
Nothing in this Agreement will affect your rights as a consumer in the European Economic Area or Switzerland, allowing you to rely on any mandatory provisions of the law of the country where you are a resident.
For Users in the European Union and the United Kingdom, you may also contact your local consumer center or access alternative dispute resolution platforms provided by the European Commission.
SECTION 18 - ARBITRATION AND JURY TRIAL WAIVER
Any legal disputes related to or arising from this Agreement or our services will be resolved by final and binding arbitration. This includes disputes regarding contract formation, non-contractual claims, and disputes that might arise in the future. The arbitration will be conducted in English and administered by the Australian Disputes Centre (ADC) under its Arbitration Rules in effect at the time. The relevant Rules are deemed incorporated by reference into this Agreement. You can find the current Rules and further information on the ADC website.
Arbitration hearings will generally take place in Melbourne, Victoria, unless both parties mutually agree to another location. Judgment on any arbitration award may be entered and enforced by a court with proper jurisdiction.
To the fullest extent permitted by law, you and CASE XPRESS knowingly, voluntarily, and irrevocably waive any right to a trial by jury for disputes. This waiver is a material inducement to entering this Agreement and you agree to resolve all disputes as per this arbitration process.
Furthermore, you and CASE XPRESS waive all rights to participate in any class action, class arbitration, or other joint dispute resolution processes. Any dispute shall be resolved on an individual basis, and neither the arbitrator nor the ADC shall have authority to conduct class arbitration or resolve claims for more than one claimant at a time, unless both parties agree.
However, you may assert your claim in "small claims" court if your claim qualifies under local regulations, provided you notify CASE XPRESS of your intention before submitting your claim to arbitration. The claim must remain in small claims court on an individual, non-representative, and non-class basis.
You and CASE XPRESS also retain the right to seek injunctive or other equitable relief from a court of appropriate jurisdiction pending a final arbitration decision.
Each party shall bear 50% of the arbitration fees and expenses unless otherwise determined by the arbitrator or the applicable arbitration rules.
SECTION 19 - PRIVACY AND PERSONAL DATA PROCESSING
Summary: CASE XPRESS's Privacy Policy is an integral part of our Terms of Service that explains how we collect, use, and protect your personal information when you use our services. Please read it carefully.
We collect personal data to provide our services, including fulfilling orders and processing payments. We are committed to safeguarding your personal data and privacy. Our Privacy Policy explains how we handle the personal information of site visitors and customers. By accepting these Terms of Service, you are also accepting and acknowledging our Privacy Policy.
As a business based in Australia, CASE XPRESS follows Australian privacy laws, including the Australian Privacy Principles (APPs). If you are a merchant and provide us with your customers' personal data (e.g., names, addresses, email addresses), our Data Processing Terms apply. These terms ensure that customer data is processed in compliance with Australian privacy regulations.
SECTION 20 - GENERAL
Summary: Using our services does not make you an agent, partner, or employee of CASE XPRESS. We are not responsible for any violations of these terms if they are beyond our control. If you have any questions about our Terms of Service, please feel free to contact us at support@casexpress.com.au.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, or similar relationship is created by this Agreement.
CASE XPRESS will not be held liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in performance under this Agreement when such failure or delay is caused by events or circumstances beyond our reasonable control. These events may include, but are not limited to: fire, flood, earthquake, government action, war, invasion, hostilities, national emergency, explosion, terrorist threats or acts, riot or civil unrest, insurrection, epidemic, strike, labor disputes, supply shortages, telecommunication breakdowns, or power outages.
You confirm that you have all necessary permits to provide CASE XPRESS with your customer’s personal data to fulfill this Agreement.
To ensure full customer support and high service quality, CASE XPRESS may access customer/user accounts as needed, in accordance with our Privacy Policy.
If any provision of this Agreement is found to be invalid or unenforceable, that provision will be removed, and the remaining provisions will remain in effect. We may, at our discretion, assign this Agreement with notice to you. Headings are for reference purposes only and do not limit the scope or extent of the section. Our failure to act regarding a breach by you or others does not waive our right to act regarding subsequent or similar breaches. We do not guarantee we will take action against every breach of this Agreement.
CASE XPRESS, at its discretion, reserves the right to transfer or assign this Agreement or any rights or obligations under this Agreement at any time, including the right to use third-party manufacturing services to perform any services. If you are a user in the European Economic Area or the United Kingdom, and such transfer or assignment would reduce your guarantees under this Agreement, CASE XPRESS will seek your permission beforehand.
If you have any questions about this Agreement, please contact us at support@casexpress.com.au.