Terms of Service
1.1. This website is operated by Dear Mama Pty Ltd (ACN: 654 702 753). Throughout this site, the terms “Dear Mama Store”, “Dear Mama”, “we”, “us” and “our” refer to Dear Mama Pty Ltd.
1.2. Dear Mama Store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1.4. By agreeing to these terms, you are entering into an agreement with Dear Mama Pty Ltd and agree to comply with any and all applicable laws and regulations, whether domestic or international.
1.5. Any new features or tools which are added to our store shall also be subject to our terms. You can review the most current version of our terms at any time on this page. We reserve the right to update, change, or replace any part of these terms by posting updates and/or changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.
1.6. Our services are not intended to be used by children under the age of 18. If you are under 18, any use of our services must be with the involvement of a parent or guardian.
1.7. By accessing or using our services, you warrant and represent to us that you have read, understood, and agree to be bound by these terms and that you are over the age of 18 years of age, have the right, authority, and legal capacity to enter into a legally binding agreement and to abide by these terms.
1.8. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
- YOUR USE OF OUR SERVICES
2.1. You are responsible for your access to our services and for ensuring that any persons that may access our services through your internet connection are aware of, and are compliant with, these terms.
2.3. By engaging with our services, you consent to the receipt of electronic communications (including emails) with respect to your order and that such emails may contain commercial or marketing messages (for example, links to other products that may interest you).
2.5. You warrant and represent to us that your use of our services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the services and otherwise where applicable, and that you will not use our services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
2.6. In addition to other prohibitions set out in these terms, you are prohibited from using our website or its content:
- a) for any unlawful purpose;
- b) to solicit others to perform or participate in any unlawful acts;
- c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- f) to submit false or misleading information;
- g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet;
- h) to collect or track the personal information of others;
- i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
- j) to reproduce, duplicate, copy, sell, resell or exploit any portion of our site without express written permission by us;
- k) for any obscene or immoral purpose; or
- l) to interfere with or circumvent the security features of our website or any related website, other websites, or the Internet.
2.7. We reserve the right to terminate your use of our services or any related website for violating any of the prohibited uses.
Unauthorised access and malicious materials
2.8. You must not attempt to, or actually gain, unauthorised access to our services, the server on which our services are stored or any server, computer or database connected to our services. You agree that you will not cause harm to our services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our services, or other users of our services.
2.9. To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.
- ORDERS AND CANCELLATIONS
3.1. You agree that the purchase of goods and services through our services (“goods”) is subject to these terms.
3.2. An order for the purchase of goods (“order”) is accepted once the following has occurred:
- a) You have submitted your order;
- b) You have paid for your order in full; and
- c) We have issued you with an order confirmation.
3.3. By placing an order, you are making an offer to purchase those goods for the price (including the delivery and other charges and taxes) specified at the time that you place your order.
3.4. Dear Mama reserves the right to:
- a) accept or refuse your order or a part of your order for any reason, including (without limitation):
- the unavailability of any goods;
- limitations on quantities available for purchase;
iii. inaccuracies or errors in goods or pricing information;
- where fraud is suspected; or
- where there is an error in your order;
- b) cancel an order at any time, for any reason;
- c) request identification from you, including photo ID or any other such documentation for verification purposes before we process your order;
- d) restrict the sale of our products or services (including the quantity or total value of goods) to any person, address, geographic region or jurisdiction; or
- e) limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
3.5. If we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or phone number provided at the time the order was made.
3.6. Once you have placed your order, you cannot cancel or amend that order (except in accordance with Australian Consumer Law).
3.7. In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Dear Mama as a direct result of the cancellation (including, but not limited to, any loss of profits).
- OUR PRODUCTS
4.1. We reserve the right at any time to modify or discontinue any of our products and/or services 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 our products and/or services.
4.2. Whilst we have made every effort to show textures, appearances and colours of our products as accurately as possible, product images may vary from the actual product. Some things that can affect the look of products on our website are your monitor, settings and computer equipment.
4.3. Unless otherwise stated, any additional products and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the title and description before making a purchase.
4.4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
Availability of Products
4.5. All orders are made subject to availability. Whilst we use our best efforts to ensure that our products are available for delivery, there may be some circumstances where the products you want are unavailable.
4.6. Where we cannot fulfil your Order, or a part of your order, we will notify you as soon as possible (but, a reasonable time) after you complete your Order. Please note that we may need to reject your Order completely or in part on this basis.
4.7. If your Order is rejected or cancelled, we will refund you the amounts you have paid for the unavailable product/s.
4.8. Alternatively, we may contact you to advise you of a delay in restocking a particular product and delay in the delivery of your order. In this case, you may elect to proceed with your order on the basis of a delayed delivery date, cancel your order or select an alternative product. If you do not vary or cancel your order within two (2) business days of notification, you are deemed to have accepted the delay.
4.9. We reserve the right to limit the sale of products to reasonable or normal household quantities (which we will state in the product description).
Recalls and Bans
4.10. If any of our products are subject to a recall or ban, you consent to us contacting you about the recall or ban.
4.11. You agree to follow any reasonable instructions provided by us regarding return or destruction of such products.
4.12. You agree to inform any end-user of the product/s (including any gift recipient) of any recall applicable to such products.
- PRICES AND PAYMENT
5.1. We reserve the right to vary, amend, add or remove payment methods, prices or goods offered in the services from time to time in our sole discretion as we see fit, without notice. Such changes will not affect orders submitted before the change was made.
5.2. Any amendments to payment methods, prices or products offered take effect upon posting to our websites or other form of notification (for example, through our email newsletters).
5.3. We do our best to ensure that the pricing of our products on our site are accurate and current.
5.4. All of our prices on our site are shown in Australian Dollars (AUD).
5.5. Displayed pricing on our products does not include shipping or delivery charges, which are calculated at check-out.
5.6. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including (but not limited to) any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.
5.7. We accept payment in AUD only.
5.8. Full payment for the purchase of products is required at the time of placing your order, including the purchase price plus any delivery fees and applicable duties and taxes. Payment is charged/debited once you reach the end of the check-out process. We will not accept any orders which have not been paid for in full.
5.9. Payment can be made by the methods as shown on our website upon checkout or as approved by Dear Mama in writing.
5.10. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means.
5.11. If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
5.12. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6.1. Any returns will be handled in accordance with our Returns Policy.
- DELIVERY AND SHIPPING
7.1. Delivery and shipping will be handled in accordance with our Shipping and Delivery Policy.
7.2. Delivery of your order is taken to occur at the time that:
- a) You, or someone nominated by you, takes possession of the order at our address; or
- b) We (or a carrier nominated by us - for example, Australia Post) deliver the order to your nominated address, even if you are not present at the time.
7.3. Any delivery date or time specified by us is an estimate only and you agree that you will still accept delivery of the order even if it is delivered on a different date or time.
7.4. Dear Mama will not be held liable for any loss or damage suffered as a result of any delay in delivery.
7.5. If your order is not delivered within a reasonable time after the estimated date, please contact us.
Risk and Title
7.6. If you, or someone nominated by you, are collecting your order from us, risk of damage to or loss of the order passes on to you. We recommend that you insure the order on or before delivery.
7.7. If we are arranging delivery of the order to you at your address, then the risk and title of the order passes to you upon delivery.
- PROMOTIONS, DISCOUNTS AND FINAL SALES
8.1. Promotions, discounts, or final sale are subject to their own specific terms and conditions as provided by Dear Mama from time to time.
8.2. Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, final sale, package deals, and coupons, cannot be used in conjunction with any other offer. For example, a ‘$20 Discount’ code cannot be used during a ‘20% Off Storewide’ sale.
8.3. Final sale items are non-refundable (for store credit or cash refund) unless otherwise stated or provided for under Australian Consumer Law.
8.4. Dear Mama reserves the right to:
- a) terminate, modify or extend any promotional offer at any time, without notice; or
- b) cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.
9.1. We reserve the right to refuse service to anyone for any reason at any time.
9.2. A breach or violation of any of the terms will result in an immediate termination of our services to you.
9.3. Without prejudice to any other remedies, Dear Mama may:
- a) cancel all or any part of any order or suspend or terminate the supply of our products to you with written notice if, at any time you are (or we suspect you are) in breach of any obligation (including those relating to payment) under these terms; or
- b) terminate these terms and the services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at our election, or
- c) suspend your access to our websites.
9.4. If we cancel an order and you are not in breach of these terms, we will issue you with a full refund of the purchase price of any products paid for but not supplied. To the maximum extent permitted by law, Dear Mama will not be liable to you for any further loss or damage you suffer because we have exercised our rights under this clause or these terms.
9.5. You may terminate these terms at any time by notifying us that you no longer wish to use our services, or when you cease using our website.
9.6. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
9.7. These terms are effective unless and until terminated by either you or us.
- INTELLECTUAL PROPERTY
10.1. The contents of our website, and the website as a whole, are intended solely for personal, non-commercial (other than for the purchase of products from us) use by its users.
10.2. You may download or copy the contents and other downloadable materials displayed on Dear Mama for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.
10.3. Your browser (by its usual operation) may make a temporary copy of the website, and that’s fine by us. We’re also fine with you sharing parts of this website via social media.
10.4. Aside from those circumstances noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents of this website without our prior written permission.
- HYPERLINKS AND THIRD PARTY CONTENT
12.1. Certain content, products and services available by us may include materials or tools from third-parties over which we neither monitor nor have any control nor input.
12.2. You acknowledge and agree that we provide access to such third-party tools/content “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
12.3. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
12.4. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
12.5. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
12.6. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms.
- LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTY
13.1. We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
13.2. You agree that from time to time we may remove our website for indefinite periods of time without notice to you.
13.3. You expressly agree that your use of, or inability to use, our website is at your sole risk.
13.4. In no case shall Dear Mama, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including (without limitation) lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from:
- a) your use of any of the service or any products bought from us; or
- b) for any other claim related in any way to your use of the service or any product, including (but not limited to):
- any errors or omissions in any content; or
- any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
13.5. You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the services, that you will be responsible for those consequences.
13.6. To the extent permitted by law, Dear Mama expressly disclaims all warranties of any kind unless expressly stated in the services or if required under Australian Consumer Law. Nothing in these terms purports to exclude any rights or remedies you have under the Australian Consumer Law.
13.7. This clause survives termination of these terms.
- RELEASE AND INDEMNITY
14.1. You agree to release and indemnify, defend and hold Dear Mama Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees, on a full indemnity basis due to or arising out of your purchase or use of products purchased from Dear Mama, your use of access to our services, or any access to our services by a third-party arising out of your breach of these terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14.2. This clause survives termination of these terms.
15.1. If any provision of these terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
- AMENDMENTS AND CORRECTIONS OF ERRORS
16.1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
16.2. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
16.3. Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
16.4. We undertake no obligation to update, amend or clarify information on our site or on any related website, including without limitation, pricing information, except as required by law.
- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
17.1. If, at our request, you send certain specific submissions (for example contest/giveaway entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to:
- a) maintain any comments in confidence;
- b) pay compensation for any comments; or
- c) respond to any comments.
17.2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms.
17.3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
17.4. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- ENTIRE AGREEMENT
18.1. The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
- GOVERNING LAW
19.1. These terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Australia.
- CONTACT INFORMATION
20.1. Questions about these terms should be sent to us at firstname.lastname@example.org.