IRONMUMS

ONLINE TERMS AND CONDITIONS

  1. TERMS & APPLICATION

    1. These Terms & Conditions form an agreement (Agreement) between the IRONMUMS Partnership (IRONMUMS) and each user (User or You).

    2. The ‘IRONMUMS’ web service (Service) allows Users to access certain information and content (Our Content) and shop for IRONMUMS branded products (Products).

    3. Your licence to access the Service shall be ongoing unless terminated by IRONMUMS in accordance with this Agreement.  IRONMUMS may limit or restrict access to the Service at any time, on any basis and in its absolute discretion.

    4. By using the Service, the customer acknowledges and agrees to: (i) this Agreement of Service; and (ii) the Privacy Policy.

    5. This Agreement applies to use of and access to the Service. Where the User does not accept the terms and conditions of this Agreement, the User must immediately cease using the Service. Either party may end this Agreement at any time by written notice in accordance with this Agreement.

    6. The terms and conditions of this Agreement may be updated by IRONMUMS in its absolute discretion at any time, and unless stated otherwise by IRONMUMS in writing, such updates shall come into effect for use of the Service at the time the User is sent notice of the update(s) or acceptance via the Service.

    7. You can contact IRONMUMS via the email specified on the IRONMUMS website and should send them any questions about this Agreement.

  2. CONDITIONS OF SERVICE

    1. (Licence) By accepting the Terms, the User is granted a limited, non-exclusive and revocable licence to access the Service subject to this Agreement. IRONMUMS may issue the licence to the User on the further terms or limitations set out in this Agreement. IRONMUMS may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of this Agreement by the User.  IRONMUMS will ordinarily advise the User of any suspension or revocation however it is under no obligation to do so.

    2. (Conduct) The User agrees that it shall only use the Service for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by IRONMUMS in its discretion.

    3. (Authorised Users) The User shall authorise users to access the Service in its absolute discretion. IRONMUMS accepts no liability for access to User Content by users authorised by the User. The User is responsible for ensuring that users they authorise to use the Service comply with this Agreement in full and are liable for any breach of them.

    4. (Access & Availability) You acknowledge that we are not required to keep the Service available for your use. We make no guarantees, implied or express, as to the ongoing availability of the Service. You agree and accept that the functional elements of the Service may be: (i) hosted by IRONMUMS and shall only be installed, accessed and maintained by IRONMUMS, accessed using the internet or other connection to IRONMUMS servers and is not available locally from the User’s systems; and (ii) managed and supported exclusively by IRONMUMS from IRONMUMS servers and that no back-end access to the Service is available to the User unless expressly agreed in writing. IRONMUMS reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Service. IRONMUMS accept no responsibility for the unavailability of this Website, or any offer of goods or services found on the Website, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Website.

    5. (Third Parties) The User agrees that IRONMUMS may use third party service providers in order to provide the Services without notifying the User.   You agree to comply with the terms and conditions of all third parties, applicable to services, information or websites provided by those third parties.

    6. (User Content) The User warrants that it holds the necessary intellectual property rights in each image, or other visual or written content that it uploads to, or creates using the Service or related social media accounts (User Content).  The User grants IRONMUMS a licence to use the User Content in connection with the Service including its social media accounts. IRONMUMS accepts no liability for the content of User Content. The User is responsible for the accuracy, quality and legality of User Content and the User’s acquisition of it, and the users that create, access and/or use User Content. The User indemnifies IRONMUMS from any claim that results from the use of User Content in connection with the Service.

    7. (Acknowledgement) You understand that your personal information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks (if any).  If, you send certain specific submissions (for example contest entries) or 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 the Service or any medium any Comments that you forward to us. We are and shall be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay compensation for any Comments; or (iii) to respond to any Comments.

  3. TERMS OF SALE

    1. You may purchase Products subject to the following Terms of Sale, otherwise in accordance with this Agreement and to the extent permitted by law:

    2. (Purchase, Payment & Order)  Any purchase of Products through the Service (Order) is complete when confirmed by email, after you complete payment for the Products and for shipping. Payments must be made by as specified via the Service.

    3. (Shipping) IRONMUMS shall advise you of any shipping fees prior to dispatch. Shipping fees will be advertised prior to the payment for your Order. You must provide us with accurate shipping information. IRONMUMS reserves the right to cancel any order should the shipping fees be insufficient or larger than the value of the Order, and will notify you if this is the case. Orders will be shipped within 7 days from the date of purchase, unless otherwise arranged between the parties. 

    4. (Delivery) You agree to take on the risk for the Products, such as loss or damage, when the Products reach the delivery address. After taking delivery of the Products, you agree to examine the Products and notify us if there is any defect in the Products within 5 days of the delivery date. Under no circumstances will IRONMUMS be liable for any cost, loss or damage caused by a delay in shipping after it has been dispatched by IRONMUMS including incorrect shipping details provided by you.

    5. (Returns) IRONMUMS shall provide an exchange on an Order where (without limitation): (i) an incorrect product was sent to you; or (ii) The product is faulty or damaged in some way upon receipt by you. IRONMUMS shall reimburse the User for any shipping costs incurred for returns of faulty or incorrect Products. To receive a refund or exchange you must, within 7 days of receiving the Order: (i) Notify IRONMUMS with the problem with the Order, at which time you’ll be given instructions on how to return the Products; and (ii) Dispatch the Products for exchange or refund back to IRONMUMS or the Designer, as the case may be, as directed by IRONMUMS.

    6. (Customs, Duties & Taxes) You will be informed at the time of purchase if the Products are subject to Products and Services Tax (GST). If you order Products from outside Australia, you agree to take responsibility for ensuring that the Products can be legally imported into the country of delivery. You agree to pay any customs, duties or taxes with respect to the Products that we send to the address outside of Australia.  These costs will be in addition to the purchase price that we quote on the Service.

    7. (Data) IRONMUMS takes the security of the Service and the privacy of its users very seriously.  The User agrees that the User shall not do anything to prejudice the security or privacy of IRONMUMS’s systems or the information on them. IRONMUMS shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards.

  4. INTELLECTUAL PROPERTY

    1. (Trademarks) IRONMUMS has moral & registered rights in its trademarks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of IRONMUMS. Brand logos and other trademarks are the Intellectual Property of their respective owners.

    2. (Proprietary Information) The Service may use software, services and other proprietary systems and Intellectual Property for which IRONMUMS has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally.  The User warrants that it shall not infringe on any third-party rights through the use of the Service.

    3. (No Copying) The User agrees and accept that the Service is the Intellectual Property of IRONMUMS and the User further warrants that by using the Service the User will not: (i) copy the Service or the services that it provides for the User’s own commercial purposes; and (ii) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Service or any documentation associated with it.

    4. (Our Content) All content remains the Intellectual Property, including (without limitation) any source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Service.

  5. LIABILITY & INDEMNITY

    1. (No liability) The User agrees that it uses the Service at its own risk. The User acknowledges that IRONMUMS is not responsible for the conduct or activities of any user and that IRONMUMS is not liable for such under any circumstances, to the greatest extent permitted by law.

    2. (Indemnity) The User agrees to indemnify IRONMUMS for any loss, damage, cost or expense that IRONMUMS may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with the Service, including any breach by the User of this Agreement.

    3. (No consequential loss) In no circumstances will IRONMUMS be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the Service or any content, or in any way relating to any good (or the provision or non-provision of a good), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not IRONMUMS knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.

  6. GENERAL

    1. (Interpretation) Headings are only for convenience and do not affect interpretation.  The following rules apply unless the context requires otherwise: (i) the singular includes the plural and the opposite also applies; (ii) if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning; (iii) a reference to a clause refers to clauses in these Term, (iii) a reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it, (iv) mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included, (v) a reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives), (vi) a reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them, (vii) a reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets, (viii) a reference to dollars or $ is to an amount in Australian currency.

    2. (Termination) Expiry or termination of this Agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this Agreement up to the date of expiry or termination.

    3. (Assignment) The User may only assign or otherwise create an interest in their rights under this document with the written consent of IRONMUMS. IRONMUMS may assign or otherwise create and interest in their rights under these Term by giving the User written notice.

    4. (Notices) The User can direct notices, enquiries, complaints and so forth to IRONMUMS as set out in this Agreement.  IRONMUMS will notify the User of a change of details. IRONMUMS will send the User notices and other correspondence to the details that the User submits to IRONMUMS, or that the User notifies IRONMUMS of from time-to-time. It is the User’s responsibility to update its contact details as they change. A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.

    5. Formation. This Agreement is formed when the User acknowledges their consent to these Term, whether done electronically or physically.

    6. Disclaimer.  Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.

    7. Relationship.  The relationship of the parties to this Agreement does not form a joint venture or partnership.

    8. Waiver.  No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

    9. Further Assurances.  Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.

    10. Governing Law.  This agreement is governed by the laws of the state set out in item I of the Particulars.  Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.

    11. Liability for Expenses.  Each party must pay its own expenses incurred in negotiating, executing, stamping and registering this Agreement.

    12. Inconsistency. If this Agreement is inconsistent with any other document or agreement between the parties, this document prevails to the extent of the inconsistency.

    13. Counterparts.  This agreement may be executed in any number of counterparts.  All counterparts together will be taken to constitute one instrument.

    14. Time.  Time is of the essence in this Agreement.

    15. Severability.  Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.

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