TERMS OF SERVICE
This website is operated by Duke Defense. Throughout the site, the terms “we”, “us” and “our” refer to Duke Defense. Duke Defense offers this website, including all information, tools, products and services available from this site, to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you agree to be bound by these Terms of Service, including any additional terms, conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site, including browsers, customers, vendors, merchants and contributors of content.
It is the customer’s responsibility to determine and comply with all applicable national, state, provincial, county, municipal and local laws and regulations, including minimum age requirements, related to the purchase, possession, storage, transport and use of any Duke Defense product or third-party product purchased from our store.
Duke Defense makes no representation or warranty that any product offered for sale on this website is legal to purchase, own, possess, carry, transport or use in every jurisdiction. Products may be restricted in certain countries, states, regions or local areas. By purchasing from this website, you confirm that you are legally permitted to do so.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
Any new features, products, tools or services added to the current store shall also be subject to these Terms of Service. 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 review this page periodically. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
Copyright
All content included on this website, including text, graphics, logos, images, videos, audio clips, digital downloads, product descriptions, data compilations, button icons and software, is the property of Duke Defense, its affiliates, suppliers or content providers, and is protected by applicable copyright and intellectual property laws.
The compilation of all content on this site is the exclusive property of Duke Defense unless otherwise stated. No content may be copied, reproduced, modified, distributed, displayed, sold or used for commercial purposes without the express written consent of Duke Defense.
Trademarks
The Duke Defense name, logo, product names, trade names, graphics, slogans, website design, product/service names and other brand elements displayed on this website are trademarks, service marks or trade dress of Duke Defense, its affiliates or its licensors.
These trademarks may not be used in connection with any product or service that is not manufactured, distributed or authorised by Duke Defense, or in any manner that may cause confusion, mislead customers, or damage the reputation of Duke Defense.
Any trademarks not owned by Duke Defense that appear on this website are the property of their respective owners.
Patents and Product Rights
Certain Duke Defense products, components, designs, packaging, systems or technologies may be protected by granted or pending patents, design rights, registered designs, trademarks or other intellectual property rights.
No purchase from this website transfers any intellectual property rights to the customer, reseller or third party.
Licence and Site Access
Duke Defense grants users a limited, revocable, non-exclusive licence to access and make personal use of this website.
This licence does not include:
Resale or commercial use of the website or its content;
Collection or use of product listings, descriptions, images or pricing;
Derivative use of this website or its content;
Downloading or copying account information for the benefit of another merchant;
Use of data mining, robots, scraping tools or similar data-gathering methods;
Copying, reproducing, selling or exploiting any portion of the website without written permission.
Any unauthorised use of this website or its content automatically terminates the permission granted by Duke Defense.
Agreement to Abide by Terms
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your jurisdiction and that you are legally permitted to purchase, possess and use the products available on this website.
You agree to use all products safely, responsibly, legally and in accordance with all product instructions, manuals, warnings and applicable laws. You may not use our products for any illegal, reckless, harmful or unauthorised purpose.
If we become aware that you have breached these Terms, misrepresented your age, provided false information, or attempted to purchase products unlawfully, we reserve the right to cancel your order, terminate your account and refuse future service.
General Conditions
We reserve the right to refuse service to anyone for any lawful reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, use of the website, or access to the website without express written permission from Duke Defense.
We may provide opportunities for product reviews, comments, questions, videos, contest entries or other content to be posted on this website. You agree that any content you submit may be used, edited, published, copied, translated or distributed by Duke Defense without restriction, unless prohibited by law.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timeliness of Information
We make every effort to provide accurate and up-to-date information on our website. However, we do not guarantee that all information, product descriptions, images, videos, specifications, pricing, availability, legal information or other content is accurate, complete, current or error-free.
Product images, colours, packaging, descriptions and specifications may vary from the final product received. Products may be updated, modified or improved from time to time.
Any reliance on the material on this website is at your own risk. It remains your responsibility to monitor applicable laws, product updates, manuals, warnings, recalls or other notices relevant to your purchase and use of our products.
SMS Marketing
By opting in to Duke Defense SMS marketing, you consent to receive text messages, which may include order updates, abandoned cart reminders, promotional offers, marketing messages and product information.
Your decision to opt in to SMS marketing is not a condition of purchase.
Message frequency may vary. Carrier message and data rates may apply. You may opt out of SMS communication at any time by following the unsubscribe instructions provided in the message.
Duke Defense may use trusted messaging partners to operate SMS services. Opt-in data and consent for text messaging will not be sold or shared with unauthorised third parties for their own marketing purposes.
Pricing and Product Availability
All prices listed on the website are subject to change without prior notice. Prices may exclude taxes, duties, shipping fees, import charges or other applicable costs unless otherwise stated.
We reserve the right to:
Change pricing at any time;
Discontinue products or promotions;
Limit product quantities;
Reject or cancel any order;
Refuse service to any person, household, reseller, distributor, geographic region or jurisdiction;
Substitute products where legally or operationally necessary;
Request additional information or verification before processing an order.
We may cancel or modify an order if the product purchased is restricted, prohibited or unavailable for shipment to the address provided.
Certain products may be available exclusively online and may have limited quantities. These products are subject to return, exchange or warranty only according to our applicable policies.
Shipping Restrictions
Duke Defense products may be subject to shipping restrictions depending on the destination country, state, province, region or local area.
We do not guarantee that all products can be shipped to all locations. It is your responsibility to ensure that the products you purchase may lawfully be shipped to, possessed in and used within your location.
Where an order cannot legally or practically be fulfilled, we reserve the right to cancel the order, request an alternative shipping address, substitute a compliant product where appropriate, or issue a refund according to our policies.
Accuracy of Billing, Order and Shipping Information
You agree to provide current, complete and accurate purchase, billing, account and shipping information for all purchases made through our store.
You agree to promptly update your account and other information, including email address, contact number, billing address, shipping address and payment information, so that we can complete your transactions and contact you as needed.
By providing a payment method, you confirm that you are authorised to use that payment method and authorise us, or our third-party payment processor, to charge the full amount of your order, including any applicable taxes, shipping costs and additional charges.
If your payment cannot be verified, is invalid, is declined or is otherwise not acceptable, your order may be suspended or cancelled.
Accounts
You may be required to create an account to access certain areas of the website or manage orders.
You are responsible for maintaining the confidentiality of your account login details, including username and password. You agree to accept responsibility for all activities that occur under your account.
You must notify us immediately of any unauthorised access, suspected breach of security or unauthorised use of your account.
Electronic Communications
When you visit this website, create an account, place an order, send us an email, submit a form or communicate with us online, you are communicating with us electronically.
You consent to receive communications from Duke Defense electronically, including emails, order confirmations, notices, disclosures and updates. You agree that all electronic communications satisfy any legal requirement that such communications be in writing, unless otherwise required by applicable law.
Optional Third-Party Tools
We may provide access to third-party tools, services, apps or integrations over which we do not have full control.
You acknowledge and agree that such tools are provided “as is” and “as available” without warranties, representations or conditions of any kind. Duke Defense shall not be liable for any issue, loss or damage arising from your use of optional third-party tools.
Your use of any third-party tools is entirely at your own risk and discretion.
Third-Party Links
Certain content, products or services available through our website may include materials or links from third parties.
Third-party links may direct you to websites that are not affiliated with Duke Defense. We are not responsible for examining or evaluating the content, accuracy, policies, products or services of third-party websites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or transactions made through third-party websites.
Please review third-party policies carefully before engaging in any transaction.
User Comments, Feedback and Submissions
If you send us ideas, suggestions, proposals, plans, reviews, photographs, videos, comments or other materials, whether online, by email, by postal mail or otherwise, you agree that we may use, edit, copy, publish, distribute and translate such content without restriction, unless otherwise agreed in writing.
We are under no obligation to:
Maintain comments in confidence;
Pay compensation for comments;
Respond to comments.
We may monitor, edit or remove content that we determine to be unlawful, offensive, threatening, defamatory, obscene, abusive, misleading, harmful, or in violation of intellectual property rights or these Terms.
You agree that your comments will not violate the rights of any third party and will not contain unlawful, abusive, obscene, misleading or malicious material.
Personal Information and Privacy
Your submission of personal information through the website is governed by our Privacy Policy.
Please review our Privacy Policy to understand how we collect, use, store and share your personal information.
Errors, Inaccuracies and Omissions
Occasionally, there may be information on our website that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, availability or other details.
We reserve the right to correct any errors, inaccuracies or omissions, update information, cancel orders or change content at any time without prior notice, including after an order has been submitted.
We undertake no obligation to update, amend or clarify information except as required by law.
Prohibited Uses
You are prohibited from using the website or its content:
For any unlawful purpose;
To violate any laws, regulations or local ordinances;
To infringe upon intellectual property rights;
To harass, abuse, insult, harm, defame, threaten or discriminate;
To submit false or misleading information;
To upload or transmit viruses, malware or harmful code;
To collect or track personal information of others;
To spam, phish, crawl, scrape or use automated data collection tools;
For any obscene, immoral or abusive purpose;
To interfere with or bypass website security features;
To purchase products unlawfully or on behalf of someone prohibited from purchasing them;
To resell products without authorisation where such resale is restricted.
We reserve the right to terminate your use of the website or related services for violating any prohibited uses.
Minimum Age to Purchase
Duke Defense does not sell products to persons under the age of 18 under any circumstances.
Some locations may require purchasers to be 21 or older, or may impose additional requirements for the purchase, possession, storage, transport or use of certain products.
It is your responsibility to check and comply with all applicable laws before purchasing any Duke Defense product.
Permissible Uses
Duke Defense products are intended for lawful, responsible and appropriate use only. Certain products may be intended for personal protection, training, law enforcement, security, sporting, outdoor, or authorised operational use, depending on the product category.
Products must never be used for unlawful, reckless, offensive, abusive or threatening purposes.
You agree not to use any Duke Defense product in furtherance of a crime, to intimidate others unlawfully, or in any way that violates applicable laws or safety instructions.
All users must carefully read and understand product manuals, safety notices, warnings, labels and instructions before using any product.
Important Safety Notice
It is the buyer’s responsibility to understand, accept and comply with all safety responsibilities connected to the purchase, ownership, storage, transport and use of Duke Defense products.
Before opening, loading, activating, carrying, storing or using any product, you must read and follow all product manuals, safety instructions, warnings and packaging information.
Failure to use products safely and legally may result in injury, damage, criminal liability, civil liability or other consequences.
Buyer’s Acknowledgment, Certification, Waiver and Indemnification
By purchasing any product from Duke Defense, you acknowledge and agree that:
You are legally permitted to purchase, possess and use the product;
You meet the minimum age requirement applicable in your jurisdiction;
You are not prohibited by law, regulation, court order or other restriction from owning or using the product;
You will comply with all applicable laws and regulations;
You will read and follow all instructions, manuals, warnings and safety information;
You accept responsibility for the safe, lawful and proper use of the product.
Duke Defense is not responsible for harm, injury, loss, damage or legal consequences resulting from the misuse, unlawful use, negligent use, unsafe handling, unauthorised modification or improper storage of any product purchased from us.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Duke Defense, its affiliates, directors, officers, employees, contractors, suppliers, service providers and partners from any claims, damages, losses, liabilities, costs or expenses, including legal fees, arising directly or indirectly from your purchase, ownership, possession, transport, use or misuse of any product.
Disclaimer of Warranties and Limitation of Liability
We do not guarantee, represent or warrant that your use of our website or services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained from using the website or services will be accurate or reliable.
You agree that your use of the website, services and products is at your sole risk. The website and all products and services delivered through the website are provided “as is” and “as available”, except where expressly stated otherwise.
To the fullest extent permitted by law, Duke Defense shall not be liable for any direct, indirect, incidental, punitive, special or consequential damages of any kind, including loss of profits, loss of revenue, loss of data, replacement costs, injury, damage, or any similar damages arising from your use of the website, services or products.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification for Breach of Terms
You agree to indemnify, defend and hold harmless Duke Defense, its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service, violation of any law, misuse of products, or infringement of any rights of a third party.
Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of the remaining provisions.
Termination
These Terms of Service remain effective unless terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our services or by ceasing to use our website.
If we determine or suspect that you have failed to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
We may also deny you access to our website, services or any part thereof.
Entire Agreement
These Terms of Service, together with any policies or operating rules posted by us on this website, constitute the entire agreement and understanding between you and Duke Defense.
These Terms govern your use of the website and services and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Dispute Resolution
In the event of a dispute, the parties agree to first attempt to resolve the matter informally and in good faith by contacting each other in writing.
Any dispute arising from or relating to these Terms, the website, products or services shall be handled according to the applicable laws and jurisdiction set out in the governing law section below, unless otherwise required by applicable consumer protection laws.
Governing Law
These Terms of Service and any separate agreements whereby we provide products or services shall be governed by and construed in accordance with the laws applicable to the operating entity of Duke Defense and the jurisdiction from which the transaction is processed, unless otherwise required by applicable consumer protection laws.
Contact Information
Questions about these Terms of Service may be sent to Duke Defense through the contact details provided on our website.