TERMS & CONDITIONS / updated version January 2015
The following terms and conditions govern the Service that Mamaway Maternity offer at the Site, including the services and use of the blog Site defined below (“User Agreement”).
Please read this User Agreement carefully. When you register with the Service or access or navigate to the Site including the blog Site, you will be deemed to have accepted, and will be bound by, the User Agreement as amended and varied from time to time by Mamaway Maternity.
1.1 Terms & conditions
a) The terms and conditions contained in the User Agreement govern what you can and cannot do when using the Service together with our obligations to you.
b) If you breach any of these conditions we may decide not to allow you to use the Service or claim damages or other amounts against you.
c) We will act reasonably in our conduct in running the Service and in enforcing this User Agreement.
d) Please take time to read these terms and conditions and make sure that you understand them. Please direct any questions you may have to our Customer Service team which can be contacted at [email protected]
1.2 Amendment to Terms and Conditions
a) We may amend this User Agreement from time to time by placing terms and conditions on this Site which are enforceable immediately.
b) You should review this User Agreement from time to time and in any event when ordering a product for any amendments and ensure that at all times you are familiar with them as changes may have been made to previous versions of this User Agreement.
c) Your continued use of the Service following any amendment to the User Agreement will constitute your acceptance of the new terms and conditions applying to this Service.
1.3 Additional Terms and Conditions
a) You should note that additional conditions governing the Service in your relationship with Mamaway Maternity are contained in the Site’s webpage’s and unless those conditions conflict with the terms and conditions within this User Agreement, they will be incorporated into and will form part of this User Agreement.
b) In particular, please carefully read all Product Information relating to the product you are purchasing, which contains important information relevant to that product.
2. USE OF THE SERVICE
2.1 General Use
a) This Service is provided to you personally and when using this Service you must not resell the Service to another person or make any commercial use out of the Service.
b) If a government agency, department, law enforcement agency or another executive agency informs us that there is information on the Site which is in contravention of any law, industry code, policy or other policy guidelines, we can remove that information from the Site.
c) Without limiting any other remedies available to us, we may suspend or terminate your use of the Service if we become aware or reasonably suspect that you may have engaged in a breach of this User Agreement in connection with the Site or any fraudulent activity at all.
2.2 Maintenance of Site Integrity
a) You may not take any action that might interfere with the operation of the Service and must not use any device or software to interfere or attempt to interfere with the proper working of the Site.
b) You are solely responsible for your transmissions through the Service. We reserve the right to determine whether or not your conduct is consistent with the User Agreement and we may enforce good practice for the Site where necessary.
c) We may, in our sole discretion while acting reasonably, immediately terminate your account and your use of the Service if your conduct is deemed by us to be inconsistent with the User Agreement.
3.1 Requirements for Registration
a) You must be legally able to form binding contracts to use this Service. This means you must not register for the Service if you under 18 years of age, an undischarged bankrupt, or under any type of insolvency, administration or other insolvency event where you are a company.
3.2 Registration Process
a) You must register your details with us to use this Service which will create an account. This account will be your account for use of the Service (“your account”).
b) Registration is free and does not require you to purchase anything from Mamaway Maternity or the Site.
c) You must not use false or misleading information in registering or using the Service and you must update your details should they have changed from the last time you used the Service. We are not responsible for any loss or damage (including misdirected deliveries or notifications) which may occur because you have not provided us with up to date, accurate or complete information.
d) You must choose a username and password when registering your account. You are responsible for the security of your username and password and we will assume that anyone using your account is authorised by you. Under no circumstances will unauthorised access and use of your account reduce your liability in connection with the Service. This includes your obligation to purchase a product which may result from use of your username and password.
e) You must notify us immediately if you become aware of any unauthorised use of your account or other security breach which we may consider relevant.
f) You permit us to send you notifications by email of the status of any delivery, a copy of your invoice and any other marketing or promotional events and offers. We will refrain from sending you marketing related materials, including special offers, if you tell us you do not wish to receive these communications when you complete your registration online. We may additionally request that you participate in customer feedback from time to time so that we can improve the Service to you.
g) We accept no liability for any loss or damage incurred if you do not receive any notifications by us to you, for whatever reason.
i) You may request that your account be closed by emailing us at [email protected] Your account will be closed if you have paid everything you owe to us in cleared funds and all transactions have been completed.
3.3 Ordering a Product
a) Once you have established your account you may proceed to place an Order for a Product;
b) Subject to final confirmation of your order the sale price of the Product will be as shown on the Site at the time you place your order. The sale price will be inclusive of GST. If there are any delivery charges they will also be shown on the Site;
c) If we agree to accept your Order, we will then forward you an email called a Confirmation of Order email. Upon transmission of that email, a Contract is formed between us and subject to payment by you of the invoiced amount, we are obliged to provide the product to you;
e) Whilst we do our very best to ensure that the prices shown on the Site at all times are accurate, we will confirm during the acceptance process of your Order whether the price shown on your Order is the correct price, and if it is not the correct price we will contact you and ascertain whether or not you wish to continue to proceed with your Order at the correct price for the Product;
f) At all times prior to our Confirmation of Order email being forwarded to you, you are at liberty to withdraw your Order by advising us in writing (email);
g) We require you to pay for the Product by supplying us with your credit or debit card details at the check out page. You will also be required to pay any duties or taxes which attach to the supply and delivery of the Product, including but not limited to custom duties.
h) Any gift with purchase or free product promotion (i.e buy 2 and get the 3rd free) is while stocks last. It is the customer's responsibility to put the free item into the shopping bag upon check out, unless specified. Any cases where the customer fails to put the free item in the shopping bag will not get the item with their order, and will need to pay for postage if they still wish to receive it.
a) We may from time to time decide to release promotional vouchers that may be used on the Site. The promotional vouchers may be released in magazines and newspapers or sent to you by email. The promotional vouchers cannot be used anywhere other than on the Site and in store;
b) Promotional vouchers are valid only for the specified period stated on them, can only be redeemed once and cannot be used in conjunction with any other promotional vouchers. We may elect to exclude certain Products from our voucher promotions;
c) You cannot use our promotional vouchers to purchase products from any other parties;
d) If you use a promotional voucher to place an order for a Product for an amount less than the value shown on the promotional voucher, we will not be obliged to refund you the difference, nor can you at any future time try to use the balance of the promotional value to place an order for another Product;
e) Promotional vouchers are not redeemable for cash
f) You may use the promotional voucher to place an Order for a Product for a value greater than the minimum spend shown on the promotional voucher. In those circumstances you will be liable to pay to us the extra amount in accordance with our terms and conditions;
g) We will also offer on our Site purchase gift vouchers/ gift cards which may be used on the Site. These gift vouchers/ gift cards will be sent by email as requested;
h) Purchase gift vouchers can only be used to place an order for the purchase of Products from our stores or Site and cannot be used to purchase further gift vouchers;
i) Purchase gift vouchers can only be purchased using a valid credit or debit card;
j) A purchased gift voucher cannot be converted into cash;
k) If you use a purchase gift voucher to place an order for a Product for an amount less than the value shown on the gift voucher, we will not be obliged to refund you the difference, nor can you at any future time try to use the balance of the gift value to place an order for another Product;
l) You may use the purchase gift voucher to place an Order for a Product for a value greater than that shown on the gift voucher. In those circumstances you will be liable to pay to us the extra amount in accordance with our terms and conditions;
m) When placing an Order for a Product no more than one purchase gift voucher and/or one promotional voucher may be used;
n) You may give your promotional voucher or purchase gift voucher to another person for use on the Site. If your promotional voucher or purchase gift voucher is lost or stolen we accept no liability in relation to the loss thereof.
3.5 Transmissions to our WebSite
a) You are solely responsible for transmissions to our Site when using your account or when the Site is accessed by someone using your account.
b) You must ensure that your transmissions:
Are true accurate and complete;
Do not infringe any other persons rights or privacy, including without restriction intellectual property rights;
Are not contrary to any applicable law or code of practice;
Are not defamatory, threatening or constitute harassment;
Are not false or misleading in anyway;
Are not obscene or objectionable; and
Do not contain any virus, Trojan or other computer program that may damage or interfere any data, personal information or system of Mamaway Maternity.
c) You must not allow any transmission to be done in relation to the Service which is prohibited by the User Agreement.
4. YOUR RIGHTS AND OBLIGATIONS
4.1 Product Information
a) You must carefully read all Product Information in relation to any items you purchase on the Site.
b) It is your responsibility to read the Product Information relating to any item listed for sale on the Site. Do not rely upon the title summary or any photographs of any item solely as a complete description of an item.
c) Mamaway Maternity distributes quality garments and fine materials. Some people are allergic or experience an allergic reaction in relation to certain types of fabric and dyes. It is your obligation to raise any allergies you may have with us prior to purchasing an item.
d) Any description or photograph of any item does not in any way offer any opinion as to the suitability of an item for your needs nor does it replace an assessment of such suitability in your personal circumstances. Please use any photograph or graphical description as a guide only.
e) The terms and conditions set out in this User Agreement govern delivery and payment terms. The payment and/or a delivery description may be included in any item description, so please make sure that you understand both the terms of the delivery and payment and your obligations under these additional terms and conditions. You acknowledge that a delivery fee will usually be charged when purchasing an item from the Site.
5. OUR RIGHTS AND OBLIGATIONS
5.1 Suspension of Your Account and Use of the Service
a) We may refuse you the right to access your account and use the Service if you:
Do not pay for any item;
Give information which is inaccurate, incomplete or untrue or otherwise you refuse to accept delivery of a purchased item; and/or
Have engaged in any fraudulent conduct on the Site, which includes the use of any promotional or purchase gift voucher, in which circumstance your account will be permanently suspended and your use of the Service barred.
b) In addition to the rights conferred by paragraph 5.1 a) above, we wholly reserve the right to suspend, cancel or terminate your access to the Service or your account if you breach or fail to observe the terms and conditions of the User Agreement.
c) We further reserve the right to suspend your account and your access to the Service at our discretion acting reasonably at all times.
d) If we suspend your access to the Service and your account, we may prevent you from registering from the Site again for a new account.
e) We reserve the right to refer any fraudulent conduct by you on the Site in using the Service or in accessing your account or in buying any item to the police and your ISP. You acknowledge that it is illegal to buy products using false details and/or under a false name and credit card and we reserve all of our rights against you if you breach the law in this regard or the terms and conditions of this User Agreement, including without limitation the likelihood that you will be pursued for any losses suffered by any person arising out of any illegal action.
6. LIABILITY AND INDEMNITIES
6.1 Our Liability Generally
a) We do not provide any express or implied warranty or condition concerning the Site’s capability or capacity in providing the Site and the Service to you which are provided on an “AS IS” and “AS AVAILABLE” basis.
b) We do not guarantee continuous, secure or uninterrupted access to the Service or your account and you acknowledge that certain aspects of the provision of the Service to you are out of our control. Such factors may cause the operation of the Site to be restricted including where maintenance or other Services to the Site, the Service and your account are required.
c) You acknowledge that the use of the internet can at times be unpredictable and in some cases insecure and that at times our Service to you and your account may not be available and our Site and any transmissions may not be free of error or other harmful components.
d) Links to external websites are provided for your convenience only and are in no way a representation as to their suitability, usability, accuracy, availability or safety nor an endorsement by Mamaway Maternity of the external website.Mamaway Maternity will not be liable under any circumstances for any loss or damage suffered by you when visiting an external website through a link on the Site or otherwise including but not limited to loss and damage caused by any virus or other harmful component.
e) In relation to the delivery of the Site, the Service, your account and the sale of any product to you, you acknowledge that neither Mamaway Maternity, nor its suppliers, will be liable to you for any consequential loss including any lost profit, special, incidental or consequential damages including negligence.
f) Mamaway Maternity exclude to the maximum extent permitted by law any liability for any loss or damage incurred by you due to an allergic reaction suffered as a result of your use of any item or the use of that item by anyone else.
6.2 Limitation of our Liability – Sale of Goods
a) We will endeavor at all times to ensure that any goods sold to you accurately correspond to any descriptions given in the Product Information and additionally will have a clear title and be available and in stock.
b) Subject to paragraph c) below, to the extent permitted by law, all express or implied conditions or warranties in connection with the Service, the Site and the sale of any goods are excluded.
c) However, we acknowledge certain liability pursuant to any warranty or condition, implied or otherwise, cannot be excluded by law. In those circumstances, we limit our liability to the following:
The replacement of the goods or the resupply of the Services;
The supply of equivalent goods or the payment of the costs of having the Services supplied to you again; or
Making a full refund to you for any amounts paid by you to us.
a) You shall at all times indemnify and hold harmless Mamaway Maternity and any of its past, present and future officers, directors, employees and agents from and against all and any claims, damages, liabilities, costs and expenses (including legal costs and expenses) arising out of:
Any breach by You of any term or condition of these Terms and Conditions and User Agreement;
Any negligent act or omission by You or any of your officers, directors, employees, agents and sub-contractors in performing or omitting to perform the obligations under these Terms and Conditions and User Agreement; and
Any loss or damage suffered by a third party in connection with any act or omission of You or Your officers, directors, employees, agents and sub-contractors in relation to Your choosing to enter into this User Agreement or the performance of your obligations pursuant to these Terms and Conditions and User Agreement.
6.4 Delivery, Risks and Title
a) Delivery terms are set out on the Product information page and are discussed above.
b) If an item you purchase is to be delivered by Mamaway Maternity to a place nominated by you, the risk in such item will pass to you:
when it is delivered; or
if we are unable to deliver the item to the place nominated by you for any reason, (for example if no one is present to accept delivery), when we or our carrier first attempt to deliver the item.
c) Title in any item will only pass to you when we receive the Invoice Amount in cleared funds. If title has passed, that will not affect our rights to terminate a sale pursuant to this User Agreement.
d) Mamaway is not responsible for lost or stolen packages, or packages delayed by Domestic and International courier companies. Please contact us should you not receive your parcel within 14 business days.
a) Mamaway Maternity is bound by the Privacy Act 1988 (Cth).
b) In accordance with the Privacy Act, Mamaway Maternity will take reasonable steps to protect personal information (as defined under the Privacy Act) collected by it from misuse and loss from any disclosure, modification or access including unauthorized access to that personal information.
c) Mamaway Maternity may use and disclose your personal information for the primary purpose for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and as otherwise allowed by the Privacy Act.
d) Mamaway Maternity may disclose the personal information for the purposes of conducting its business, providing and marketing our services, communicating with you, managing and improving the services we provide and the Site and in complying with our legal obligations.
e) We can only discuss your personal details with you and no-one else. Any party enquiring on your behalf including a spouse or a family member, can only be provided with information providing you give us your consent authorizing us to do so.
8. RETURNS POLICY
a) Mamaway Maternity has specific return policies in relation to items we sell as detailed on our Returns Policy web page.
b) This means that if you return the item purchased from our Site within the time limite stated, provided the item is full price or faulty and returned in its original packaging and in its original new condition together with our RETURNS FORM, we will refund the purchase price in full minus any associated costs. Generally we require tags to still be attached to the item.
c) We are under no obligation to refund or exchange an item which does not have tags attached, has been soiled in any way, has a perfume or other odour, has been washed or worn.
d) Please review the Returns Policy web page for full details and terms and conditions which may change from time to time.
a) If an item is faulty, we will exchange or provide you with a store credit equal to the purchase amount of that item, provided the item is returned to us within 30 days of the date of our invoice.
b) A return due to a fault is subject to an inspection as detailed in our Returns Policy on our Returns Policy web page.
8.3 Costs of Return
a) Certain costs may be incurred by you in returning any item to us, including postage or freight costs. We are not liable for those return costs except where a fault has been accepted by us.
b) Please review our Returns Policy on our Returns Policy web page for full details and terms and conditions.
9. COPYRIGHT AND INTELLECTUAL PROPERTY
a) The Site including all content, text, graphics, icons, images, audio, data, software and any other content contained on this Site is the property of Mamaway Maternity or its suppliers (unless otherwise stated) and is expressly protected by copyright and trademark laws in Australia and internationally.
b) The compilation of all content on the Site is exclusive property of Mamaway Maternity and protected by copyright laws in Australia and internationally.
c) All software used on this Site is the property of Mamaway Maternity or its software suppliers and is protected by copyright laws in Australia and internationally.
Goods & Services
Class: 35 The bringing together, for the benefit of others, a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase the goods, including online; distribution of goods (not being transport services) (agent, wholesale, representative services, by any means including online); wholesaling and retailing services including online in this class; promotional services; sales promotion services, including online; publicity; marketing; advertising; marketing and advertising research; planning of marketing and advertising strategies; preparation of advertising matter and materials; publication of advertising matter and materials; direct marketing; promotional marketing; organisation and management of customer loyalty programmes; discounting and related sales promotion services; customer support services; ordering services (for others), telephone order services for goods, computerised order services for goods, administrative processing of purchase orders; importing services; exporting services; business management; administration and management of retail, wholesale, advertising, marketing, promotions; event management services; organisation of commercial trade fairs; arranging of exhibitions for advertising, business, commercial and trade purposes; business efficiency studies and business data analysis services; provision of business data and information; business enquiries; business management and business management advice; business planning; corporate planning; dissemination of commercial information; distribution of prospectus; business management of outsourcing; business records keeping; accounting, auditing and bookkeeping; database management; data verification, transcription and retrieval; employee record services; human resource management; providing information, including by electronic means and via a global computer network, about all of the aforesaid services.
10.1 Applicablle Definitions
a) In this User Agreement, the following definitions apply together with those definitions which are incorporated and defined above:
“Privacy Statement” means the statement contained in the Security & Privacy webpage of the Site;
“Product Information” means any information posted by us on any webpage of the Site in relation to an item that is for sale on the Site;
“Mamaway Maternity” means Mamaway Maternity Pty Ltd ABN 45 141 998 718;
“Returns Policy” means the policy contained in the Returns + Exchanges webpage of the Site;
“Service” means the Mamaway Maternity Retail Sale Service of maternity wear, nursery bedding, clothes, apparel and accessories governed by this User Agreement;
“Site” means the Mamaway Maternity WebSite.
11. GOVERNING LAW
11.1 Applicablle Law
a) This User agreement is governed by and will be construed in accordance with the law of New South Wales and both you and Mamaway Maternity shall be subject to the jurisdiction of the Courts of New South Wales.