Capped Out – Terms of Service

1. Overview

This website is operated by Capped Out. Throughout the site, the terms “we”, “us” and “our” refer to Capped Out. 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.

 

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, then you may not access the website or use any services.

2. Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

3. Custom Orders & Intellectual Property

For all custom-engineered accessories, personalized components, and custom apparel ordered through our Service:

• Customer Submissions: You warrant that any logos, artwork, text, or graphics provided to us for custom manufacturing do not infringe upon the intellectual property, copyright, or trademark rights of any third party.

• Right of Refusal: We reserve the right to refuse or cancel any custom order that contains content we deem offensive, defamatory, or in potential violation of copyright laws.

• Design Rights & Third-Party Use: Unless explicitly agreed upon in writing, Capped Out retains all intellectual property rights, manufacturing files, 3D models, and digital assets created by our designers. Taking designs, mockups, or production assets created by our designers and using them with third-party manufacturers, printers, or service providers is a strict breach of these Terms of Service.

4. Product Accuracy & Specifications

We make every effort to display the colors, finishes, and technical specifications of our mountain bike accessories and apparel as accurately as possible. However:

• Because physical finishes can look different depending on screen calibrations, we cannot guarantee your monitor's display will perfectly match the physical product.

• We reserve the right to make minor technical, material, or structural modifications to our custom-engineered parts to improve safety, performance, or manufacturing quality without prior notice.

5. Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

6. Accuracy of Billing and Account Information

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. 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/or billing address/phone number provided at the time the order was made.

7. Australian Consumer Law & Liability Disclaimer

Our products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL).

• Inherent Risk: You acknowledge that mountain biking, downhill riding, and related outdoor sports are inherently high-risk activities. Capped Out designs and builds products to high trade standards, but proper installation and regular equipment safety checks are the sole responsibility of the customer.

• Limitation of Liability: To the maximum extent permitted by law, Capped Out, our directors, or employees shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, or consequential damages of any kind—including, without limitation, lost profits, lost revenue, or property damage—arising from your use or installation of our products, except where such liability cannot be excluded under the ACL.

8. Indemnification

You agree to indemnify, defend and hold harmless Capped Out and our affiliates, partners, officers, directors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

9. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

10. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria, Australia. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts of Victoria.

11. Contact Information

Questions about the Terms of Service should be sent to us at: Cappedoutcaps@gmail.com

Capped Out / ABN : 87 808 245 054