TERMS & CONDITIONS
We want you to find using and buying from this site easy and satisfactory.
We need to let you know the terms and conditions you are accepting, simply by using or purchasing from this website.
When you order any product from this site, or simply access the website, please be aware that you are agreeing to all the terms and conditions we've described below. Please read them, so you're fully informed.
TERMS AND CONDITIONS OF SALE
1. Terms and Conditions: These are the terms and conditions of our agreement which apply to all purchases of products by you from moochiesforkids.com.au and you should read them carefully. We may vary these terms from time to time and therefore you should check them before you make a new purchase.
2. Order: You can submit an order for products to moochiesforkids.com.au by completing the details required on the order summary page and clicking the send order button. All prices are reflected in AUS$ Australian Dollars and include GST where applicable, providing delivery is to a location in Australia territory. Orders outside of Australia may be subject to an additional charge. Goods supplied are not for resale. We are under no obligation to accept your order, but would normally do so where the product is available, the order reflects current pricing and your credit card/ debit card payment is approved by your credit card/ debit card company.
2a. The display of any product on our website is in no way an offer by us to sell to you. It is your response that is the offer. Accordingly, we are not liable to sell you any product that might be quoted at a price lower than that meant by us.
3. Acceptance of order: We will notify you of our acceptance of your offer to purchase by email shortly after we receive it and at that point a binding agreement between us will be in place on these terms and conditions*. If we do not accept your order for any reason or the price of the product has increased between the time of the order and our acceptance of it (or if a supplementary delivery charge applies), we will email you to advise you of the change. You will then need to resubmit your order. Only credit and debit cards are acceptable as payment for orders via this site..
*but subject to our right to withdraw such acceptance where your offer relates to goods that have been priced below that which we intended.
4. Delivery: We make every effort to deliver all products within Australia within four working days of acceptance of your order. Where this is not possible, we will notify you and, unless we state otherwise, ensure that your products are delivered within 28 days from acceptance. This may not apply in respect of deliveries outside of Australia. During pre-launch, March/April/May of 2017, we advise that payments can be made to secure products for delivery at the end of May 2017. All deliveries will be made to you at the address specified by you in the order.
5. Payment: For standard delivery we will charge your account for payment at the time that the order is dispatched for delivery to you. Items which are shipped directly from the manufacturer will be charged at the time of placing the order. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via such link. If products are not available for any reason after we have accepted your order, we will let you know. We will not charge you for these products and will refund any amounts already paid (if any) by way of a credit to your credit card/ debit card account.
6. Your right to cancel: You have the right to cancel the contract for the purchase of any of these items within a period of 7 working days, beginning with the day after the day on which the item is delivered. To cancel an order, please notify us by email to: firstname.lastname@example.org
For a refund you must return the item(s) to us as soon as possible and with no marks of scratch, or showing that the item has been used. We will make all refunds in relation to cancellations to the same card used for payment within 30 days of the date of cancellation.
For details and instructions as to how to return an item, contact us to confirm our return address. For your protection, we recommend that you use a recorded-delivery service. Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error or the item is faulty.
7. Warranties: The products which are sold via this web site have been designed to comply with the statutory legal requirements and relevant safety standards of Australia. We can therefore make no representation or warranty that any product is compliant with health, safety or other legal requirements which apply outside Australia. Please see our Returns Policy for more information.
We will replace products (or, where relevant, the faulty part) free of charge or, refund to you the price of the products by way of credit to your credit card or debit card account. This only applies if the instructions governing the use of the products have been followed. We will not have any further liability in respect of the products. This does not affect your statutory rights as a consumer.
TERMS AND CONDITIONS OF USE
It is important that you carefully read these terms and conditions of use before you register with moochiesforkids.com.au because your use of our web site is subject to them.
1. Terms and Conditions: Thank you for using moochiesforkids.com.au, which is a trading name of Tower and Pinnacle Limited. We provide services to you through our web site and those services are provided to you on the basis of these terms and conditions. Please note that they may vary from time to time without notice to you. Current terms will be made available as soon as possible on the website.
When you use our web site or any of our services you may be advised that special guidelines or rules apply. Unless otherwise stated, these guidelines or rules form part of these terms and conditions.
These terms and conditions apply to all users (including casual browsers) whether or not the registration process has been completed.
2. Description of Services: You are able to benefit by using our web site from a large number of online services and resources which include information, planners and directories, online retailing, and any other services which we may add from time to time. We also may remove certain services from our web site. Certain services may have their own, additional special terms and conditions. These will be made clear to you before you use those services.
We may discontinue providing certain or all of the services on all or part of the web site at our discretion and without notice to you. We will, however, endeavour to let you know of this via our site.
3. Registration: Certain services are only available if you complete the registration process. By completing the registration process, you are stating that you are at least eighteen years of age or a minor with parental consent or that of a guardian to use our web site.
Please note: All minors are recommended to discuss these terms and conditions with their parents or guardians before completing the registration process.
In return for you using our web site and benefiting from our services, you agree to: provide true, accurate, current and complete information about yourself where required in the registration form, and to ensure that this information is kept accurate, complete and up to date.
Once you have completed the registration process, you will have specified a username (email address) and a password. You must ensure that you keep your username and password in a safe and secure place and that you do not disclose them to anyone because you will be fully responsible for all activities which occur under your username and password. It is your responsibility to immediately notify us of any unauthorised use of your username and password or any other breach of security as soon as you become aware of it.
4. Code of Conduct: You are responsible for anything which you transmit or receive to, from or via or post on our web site.
We do not control or screen the content of what is posted to, from or via our web site by our members or third parties, and accordingly we do not guarantee its accuracy, integrity or quality or that it will not be objectionable to you. You should not place any reliance on, nor will we be responsible or liable for anything which has been transmitted or received, or ought to have been transmitted or received but was not.
You are not permitted to use our web site or any of our services for any reason or purpose which is unlawful, defamatory, harmful or objectionable and, in particular, you are not permitted to transmit anything which, in our opinion, harms our business or offends other users.
You are not permitted to transmit to, from or via or post on our web site anything which you do not have a clear right to use. You must ensure that you do not transmit or post on our web site any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment.
You are not permitted to do anything which may disrupt in any way the operation of our web site and services, nor are you permitted to do anything which would disrupt the use and enjoyment of our web site and our services by any other user.
Other than as expressly permitted, by us in writing, you are not permitted to use our web site to engage in any commercial activity of any form.
We may be entitled at our discretion to refuse or remove anything which is transmitted to, from or via or posted on our web site which, in our opinion, is objectionable or otherwise does not comply with these terms and conditions. We will not be liable at all for doing this.
We may record preserve and disclose anything which has been transmitted to, from or via or posted on our web site and the services, where required by law or where we are acting in good faith.
5. Proprietary Rights and Licences: All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on our web site or is part of our services, is protected by our and their copyrights, trade marks, service marks, patents or other proprietary rights and laws.
We own or are licensed to use all intellectual property rights (including all copyrights, patents, trade marks and trade secrets) in connection with and in all versions of the web site and our services, the software we use to operate the web site and services and any data (including data obtained from you during the registration process) generated by users of the web site and services. You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights.
When you transmit or post any material to or on our web site, you grant to us non-exclusive, world wide, perpetual, royalty free licence under your copyright and other intellectual property rights to use or display or distribute that material in any way without any duty at all to account to you.
6. Advertisements and Promotions: We may use our web site or any of the services we provide or in any of the correspondence we send to you to run advertisements promoting products and services we offer or any of its subsidiaries, or any person or corporation duly authorised by us to advertise or promote their product or services through us.
7. External Links: We may provide or third parties may provide links or other web sites or resources. These are provided purely as a matter of convenience and we do not endorse the contents of those web sites. We are not responsible for the availability of these web sites, nor will we be liable in any way for any loss or damage which you may suffer by using those web sites. If you decide to access linked third party web sites you do so at your own risk.
8. Disclaimer of Warranties: You agree that:
8.1:your use of the web site and our services is at your sole risk. The web site and services are provided on an as is and as available basis. We expressly disclaim all conditions of any kind, including but not limited to conditions of title, fitness for a particular purpose, satisfactory quality and non-infringement of proprietary or third party rights;
8.2: to the extent that it is lawfully possible to do so, we make no warranty that (a) the web site and our services and/ or any information will meet your requirements, (b) your access to and use of the services will be error-free, (c) any errors or inaccuracies will be corrected. Further, if your use of the web site results in the need for servicing or replacing equipment or data, this will not be at our risk and expense;
8.3: no advice or information, whether oral or written, obtained by you through or from the web site or from our services will create any warranty not expressly stated in these terms and conditions.
If you have any questions about the above, please contact us at Customer Care, PO Box 6, Ashmore City, QLD, 4214.
9. Indemnity: You agree to indemnify us and hold us harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith) resulting from your misuse of our web site or your breach of these terms and conditions. We will notify you promptly of any such claim, action or demand and will assist you as may be reasonably necessary providing you meet our costs and expenses (including our legal fees).
10. Limitation of Liability: To the extent that we are lawfully able to do so, we will not be liable for any claims, losses and/ or damages of any nature resulting from: (a) your use or inability to use the web site; (b) the services we provide (except where we expressly state that we have responsibilities or liabilities in these terms and conditions) or other terms and conditions that relate to our other goods and/ or services we provide; (c) unauthorised access to or alterations of your transmissions or data; (d) statements or conduct of any third parties.
You agree that in no event will our liability arising out of or in respect of these terms and conditions exceed AU$ 1,000 and that in no event will we be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever, whether or not arising from any negligence on our part.
11. Use and Storage: We may establish general practices and limits concerning the use of the web site and the services we provide, including limits to the size or number of e-mail messages you send or the time that messages may be stored or posted on our web site. We are entitled to delete any material at any time and we will not be liable in any way for deleting or failing to store or post any material which you may transmit to us.
12. Suspension and Termination: We may in our sole discretion suspend and/ or terminate registration or use of our web site or our services at any time and we shall not be liable to you or any third party for any loss or damages suffered on account of such suspension and or termination. Typically, we would only do this where you have not used our services for some time or if we believe that you have acted inconsistently with those terms and conditions. However, there may be other reasons why we would suspend and/ or terminate.
13. Trade Mark Information: Moochies for Kids, Moochies and moochiesforkids.com.au are registered trademarks belonging to Tower and Pinnacle Ltd. You agree not to display or use either or both in any manner.
14. General: These terms and conditions constitute the entire agreement between us in respect of the use of our services and of our web site and supersede any and all prior agreements, arrangements and representations (save in respect of those made fraudulently).
Data and certain other information you provide is subject to the term of our Privacy Statement, which can be accessed by clicking on the privacy statement section of our site under Help.
If any of these terms and conditions are found to be invalid then that provision shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
You are not permitted to reproduce, sell or exploit for any commercial purpose any part of the web site or our services.
These terms and conditions will be interpreted and construed in accordance with the laws of Australia and will be subject to the non-exclusive jurisdiction of the Australian Courts.
For up-to-date information on our services and all support facilities or if you are dissatisfied with our web site, our services or have any questions concerning these terms and conditions, please contact us by writing to us at Customer Care, Tower and Pinnacle Ltd, PO Box 6, Ashmore City, QLD 4216.