Terms and Conditions for My Mum the Dreamer
1 INTRODUCTION
1.1 These terms and conditions (Terms and Conditions) will govern your use of the website, https://mymumthedreamer.com/ (the Website), operated by My Mum the Dreamer (us, we or our).
1.2 By accessing or using the Website, you agree to be bound by these Terms and Conditions, effective from the date and time at which you entered the Website.
1.3 If you do not agree with these Terms and Conditions, you may not access and must cease use of the Website immediately.
2 PRODUCTS
2.1 Any reference to products within these Terms and Conditions mean the goods and services provided by us. These goods and services include (but are not limited to):
(a) physical products, including macrame art, décor, and accessories;
(b) macrame patterns (Digital Products); and
(c) macrame blog posts
(together, the Product/s).
2.2 We attempt to be as accurate as possible with the description of our Products. However, we do not warrant that the Product descriptions or other content on the Website is accurate, complete, reliable, current or error-free.
2.3 All prices are subject to change without notice. We reserve the right to correct any errors in pricing or product information.
2.4 We cannot guarantee the availability of all Products listed on the Website. If a Product is not available after an order has been placed, we will notify you and offer a substitute or a refund.
2.5 Our shipping policy can be found at https://mymumthedreamer.com/shipping-details/. The risk of loss and title for any Products purchased from us pass to you upon our delivery to the shipping carrier.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 We and/or our licensors are the sole and exclusive owner or licensee of all intellectual property rights in the Products, the Website, and in the material published on the Website, including but not limited to all information and data published on:
(a) the Website; and
(b) the Products,
(Website IP).
3.2 You are granted limited license only for purposes of viewing the material contained on the Website.
4 RETURN POLICY
4.1 If for any reason you are not completely satisfied with your purchase, please contact us by email at michelle@mymumthedreamer.com to discuss and we will be happy to help where we can.
4.2 Subject to paragraph 4.3 below, you may return any damaged or faulty Products within 30 days of purchase. The returned item must be in original condition and must be accompanied with proof of purchase. Products that fail to meet this requirement are not eligible for a refund.
4.3 The above return policy does not apply to Digital Products. All sales of Digital Products are final. Due to the non-tangible, irrevocable nature of the Digital Products, we do not offer refunds or exchanges after purchase. By proceeding with your purchase, you acknowledge that you have the necessary software or equipment to use the Digital Products.
4.4 Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have any Products repaired or replaced if any Products fail to be of acceptable quality and the failure does not amount to a major failure.
5 RESTRICTIONS
5.1 You are specifically restricted from all of the following:
(a) publishing any Website material in any other media;
(b) selling, sublicensing and/or otherwise commercialising any Products or Website IP, including but not limited to printing the Digital Products for commercial use or distribution;
(c) publicly performing and/or showing any Products or Website IP;
(d) using the Website in any way that is or may be damaging to the Website;
(e) using the Website in any way that impacts user access to the Website;
(f) using the Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
(g) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Website; and
(h) using the Website to engage in any advertising or marketing.
5.2 Certain areas of the Website are restricted from being accessed by you and we may further restrict access by you to any areas of the Website, at any time, in our absolute discretion. Any user ID and password you may have for the Website are confidential and you must maintain confidentiality.
6 YOUR CONTENT
6.1 In these Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on the Website or an associated social media account of ours. By displaying Your Content, you grant us a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
6.2 Your Content must be your own and must not infringe any third-party’s rights. We reserve the right to remove any of your content from the Website at any time without notice.
7 NO WARRANTIES
The Website is provided “as is,” with all faults, and we express no representations or warranties, of any kind related to the Website or the materials contained on the Website. Furthermore, nothing contained on the Website shall be interpreted as advising you.
8 PRIVACY
Your use of the Website is also governed by our Privacy Policy, which can be found at https://mymumthedreamer.com/privacy-policy/.
9 LIMITATION OF LIABILITY
1.1 To the maximum extent permitted by law, you release us, our related entities and all of our officers, directors and employees from all claims, demands and damages (actual and consequential) of any kind and nature, including but not limited to damage such as loss of revenue, injury or loss of data arising out of:
(a) your use of or inability to use the Website or Products;
(b) any unauthorized access to or use of our servers and/or any personal information stored therein;
(c) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website;
(d) any failure of or delay in the delivery of a Product beyond our reasonable control;
(e) any failure of the Products causing injury of an unforeseeable nature; or
(f) any failure or default beyond our reasonable control.
1.2 To the maximum extent permitted by law, we expressly exclude all warranties, conditions, representations and guarantees (express or implied) in relation to the provision of the Products by us under these Terms and Conditions or in connection with the use of the Website.
10 INDEMNITY
You agree to indemnify and hold us and each of our related bodies corporate, related entities, or any respective officer, director, employee, agent, representative, licensor, advertiser, supplier and operational service provider (Indemnified Person), to the maximum extent permitted by law, harmless against all losses, claims (including third party claims), demands, damages, liabilities, costs (including legal costs), expenses, penalties or suits incurred by the Indemnified Person as a result of or consequential upon your use of the Website, the Products, the Website IP and/ or any violation of the terms of these Terms and Conditions.
11 SEVERABILITY
If any provision of these Terms and Conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
12 VARIATION OF TERMS
We reserve the right to modify these Terms and Conditions at any time and without notice. The version of Terms and Conditions published on the Website will constitute the current version and will bind all users of the Website.
13 ASSIGNMENT
We may assign, transfer, and subcontract our rights and/or obligations under these Terms and Conditions without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions.
14 ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between us and you in relation to your use of the Website and will supersede all prior agreements and understandings.
15 GOVERNING LAW & JURISDICTION
These Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of Western Australia, and you submit to the exclusive jurisdiction of Supreme Court of Western Australia for the resolution of any disputes.
