Welcome to the Lady Startup Shop (“LSU Shop”).
The LSU Shop is operated by Mamamia.com.au Pty Ltd (collectively, “us”, “we”, or “MWN”).
These Terms and Conditions (“Terms”) govern your use of the LSU Shop and the services that we provide via ([insert website URL]) (the “Shopping Platform”) and govern your purchase of products via the LSU Shop.
MWN provides an online marketplace, through the Shopping Platform, that enables vendors and buyers to transact directly. MWN is not acting as an agent, representative, employee, joint venturer or partner of its users. Users are solely responsible for their own actions and conduct via LSU Shop.
Please read these Terms carefully and contact firstname.lastname@example.org if you have any questions before signing up to be a Seller on the LSU Shop or to engage with our services.
1.ACCEPTANCE OF TERMS:
- By accessing and using the Shopping Platform, by registering to receive our communications or by making online purchases via the LSU Shop, whether as a guest or an account holder, you acknowledge that you have understood these Terms and you agree to be legally bound by these Terms.
- If you do not agree with any part of these Terms you should not access, use or sign up to the LSU Shop.
- You must be at least eighteen years old to use the LSU Shop.
- If these Terms are updated or modified by us, at our sole discretion, we will notify you either through your Account (if you have one), on the Shopping Platform or via email, and you will be responsible for deciding whether to continue accessing or using the LSU Shop.
2. SIGNING UP:
- You may make purchases on the LSU Shop as a guest or as an account-holder. To be an LSU Shop account-holder, you must register with LSU by creating a user account (“Account”).
- Creating an Account will make your shopping and check-out process more convenient and will help to ensure that you receive offers and deals from LSU Shop, are able to save your favourite items and are able to track whether your items are in stock more easily. It is recommended but not required.
- When you create an Account or make a purchase on the LSU Shop, or to receive communications from us, you will need to provide accurate personal and billing information to us. You warrant that the details you provide are accurate, complete, true and up to date and it is your responsibility to update your Account in the event that any of your personal details change.
- You acknowledge and agree that we may conduct enquiries or request further information, including a form of identification, at our entire discretion in order to verify your identity.
- You agree not to create an Account for any person or entity that is not you, except with that person’s authorisation and our express, written permission.
- You are responsible for maintaining the protection and confidentiality of your Account information, such as account identifiers, your password and your account activities.
- You will notify us immediately if you become aware of any unauthorised use of your password or account identifiers by others, or if your password is lost or becomes known to any other person.
3. ONLINE ORDERS:
- The Shopping Platform includes products available for purchase from various sellers (“Sellers”). If you place an order for a product on the Shopping Platform (“Product”), you are placing any order with the Seller of the Product.
- MWN is not a party to the transaction between you and the Seller on LSU Shop. You acknowledge and agree that we are not responsible for the transactions that occur between you and the Seller.
- When you purchase a Product on the LSU Shop, we’ll send you an order confirmation with the Seller’s contact information, the Product details and relevant information about delivery and tracking options.
- You acknowledge that when you purchase a Product via the Website, or subscribe to receive communications from us, you will be required to provide accurate personal and billing information and you agree to provide that information in full, complete and accurate form, as required by us.
- Occasionally certain Products may be out of stock or subject to long lead times. If estimated lead times are provided to you in such instances, these are approximations only and may be subject to change.
- Notwithstanding anything else in these Terms, we reserve the right to decline or accept orders made through the Shopping Platform.
4. PAYMENT AND SECURITY:
- All prices listed on the Shopping Platform;
- are in Australian dollars unless otherwise specified;
- include GST;
- are fixed once your order has been confirmed, subject to payment being made at the time of purchase; and
- may change, at our discretion, without notice.
- By purchasing Products online, you agree to provide the full payment for the Products through our online system at the time of your purchase.
- We accept payment for online purchases by direct deposit (Visa, MasterCard, American Express) or PayPal.
- Payments via PayPal are subject to PayPal’s Terms and Conditions (we are not responsible for any interruptions or delays in these services or facilities).
- You agree to pay delivery charges as they are calculated and listed at the time of your purchase.
- Any communication from us acknowledging that we have received your order is for information purposes only and does not put MWN under any obligation to provide the Products. The Seller will only be obligated to process and deliver an ordered Product once your relevant billing, delivery and personal information can be verified and approved, and payment has been confirmed.
- We use [insert, eg: Shopify’s payment system], which encrypts all billing, card and personal information but make we make no warranties as to the reliability of the system or its fitness for a particular purpose
- You undertake and warrant that:
- all information you have provided for the purpose of purchasing the Item/s is correct and not misleading;
- you are fully entitled to use the payment card or account used to pay for the your order; and
- you have sufficient funds in your payment card or account to cover the proposed payment.
- You acknowledge and agree that we may withhold, refuse to process, restrict shipping, stop or cancel any of your transactions for investigation for fraud. You will stop or cancel an order if we ask you to do so in accordance with this Section.
- You should contact the Seller first, in the event that they have questions or queries about their order or a Product.
- If you are having trouble contacting the Seller, or are not satisfied with the Seller’s response, you may contact us through your Account or by using the information in Section 17 (Contacting Us and Infringement Notice).
- All orders are subject to availability. If the Product is in stock you will be notified of an estimated delivery date. Should a Product be unexpectedly out of stock, you will be notified and offered a replacement Product, a timeframe as to the requested Product’s availability or a refund for the unavailable Product.
- The applicable Seller is responsible for delivering Products in accordance with the delivery or shipping information supplied in connection with your purchase, including estimate delivery-times. You acknowledge and agree that MWN has no responsibility for ensuring that you receive your Product within the estimate delivery-times.
- Delivery fees may vary depending on the delivery location, the size and the weight of the package being delivered.
- The Seller will usually ship the Product within two (2) business days of the Seller’s receipt of your order, unless otherwise noted in the Product description.
- Any delivery time displayed on the Product listing or on the Shopping Platform are estimate only, based on the information received by the relevant shipping companies.
- It is your responsibility to ensure that the correct delivery information is provided upon completing an order, and you must expressly specify any requirements that may be associated with delivery of a Product.
- Whilst every effort is made to ensure your package is delivered on time, you acknowledge that delivery within the agreed timeframe may be impacted in certain circumstances. If a Product you have ordered has not arrived, you may first contact the Seller , and if a satisfactory response has not been received from the Seller, you may contact us and we will lodge an enquiry with the Seller.
- You acknowledge and agree that you may be required to sign for delivery, unless you grant us authority to leave the Product at your delivery address when placing your order, in which case you agree that this authority permits the nominated courier to leave the order unattended by the front door of the delivery address, or as otherwise reasonably nominated by you when placing your order, and releases us, the Seller and the nominated couriers from all responsibility and liability relating to the delivery of your Product.
- If there is an error with delivery that is due to your error, act or omission, you will be responsible for the costs incurred in re-shipping the Product.
- You acknowledge and agree that upon delivery of the Product, all risk passes to you in relation to the Product, subject to the provisions of these Terms
6. DELAYS AND CANCELLATIONS:
- If for any reason a Product you have ordered is not available or out of stock, we will also refund you or offer you a store credit to the same value, and in this case any shipping costs will be refunded.
- Subject to Section 3, you cannot cancel a purchase once it has been confirmed. Instead you will need to wait for delivery of the Product, and return the Product in accordance with Section 7 (Returns and Refunds).
- You may contact us to cancel or terminate an order if it is suspected, acting reasonably, that the Seller is acting fraudulently or in breach of these Terms.
- Notwithstanding Section 2, you acknowledge and agree that if you cancel or change the delivery details of a Product within a twenty-four hour period of the estimated delivery date, you may incur additional fees (equal to the original value of the delivery cost plus any other administrative or operational cost incurred by us or the Seller as a result of the change or cancellation).
- The Seller is entitled to cancel your order if it if it is suspected, acting reasonably, that you are acting fraudulently or in breach of these Terms.
- While Sellers are responsible for avoiding pricing and other errors, errors do occur from time to time and the Seller may cancel an order that it has accepted in such circumstances.
- If there is an unexpected delay in shipping your order, the Seller will contact you directly as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when the Seller ships the Product to you, and elect to receive a store credit, refund or exchange.
7.RETURNS AND REFUNDS:
- The Seller is obligated to fulfil your order of a Product and to handle cancellations, returns, refunds and complaints in accordance with these Terms and applicable laws, including without limitation applicable Australian Consumer Laws under the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Laws”).
- Each Seller’s return policy must include, at a minimum, the following:
- An option to return a Product within thirty (30) days of receipt of the Product, for any reason (“Change of Mind Return”), except for Non-Refundable Products (see Section 3);
- A process for returning and remedying faulty Products in compliance with applicable laws in the relevant territories, including without limitation the Australian Consumer Laws; and
- A process for returning and remedying Products that become defective within the manufacturer’s warranty period in compliance with applicable laws in the relevant territories, including without limitation the Australian Consumer Laws.
- “Non-Refundable Products” include items that cannot be refunded for change of mind, including gift vouchers, personalised products, made-to-order products, underwear, swimwear or other garments with hygiene seal not intact, earrings for pierced ears, products that have been used or opened, or any other Product clearly notified as “non-refundable” on the Product page.
- You will not be entitled to a refund or store credit on Non-Refundable Products unless they are faulty or damaged.
- If the Product you wish to return is faulty, we may require photographic evidence of the faulty Product, or we may provide you with a stamped and self-addressed package in order to return the appropriate Product to the appropriate Seller. Once the fault or damage has been verified, you will be offered a replacement, a repair of the faulty item, a full refund or a store credit, at your el by the applicable Seller.
- If you change your mind on a purchased item, you will have thirty (30) days in which to return it to the applicable Seller in accordance with their instructions (via the Shopping Platform).
- If you return a Product in accordance with S 6, you will be given a full refund or a store credit at your el, to the purchase value that you paid when you purchased the Product.
- Any refund or store credit will only be supplied once the returned Product has been received by the applicable Seller. It is your responsible to use a trackable or signed-for delivery service such as registered post
- Shipping costs incurred by you in the return will not be refunded.
- All refunds will be transferred back to the original payment method used, whether by credit card, PayPal account or store credit.
- Store credits are valid for three (3) years from the date of the issue, and can only be used to purchase Products offered by the same Seller associated with your returned Product, unless otherwise specified.
- We may use mechanisms that rate or review, or allow Buyers to rate, a Sellers performance or Products on the LSU Shop.
- Ratings or reviews must be reasonable, truthful, honest and based on fact and must not contain any offensive, fraudulent, discriminatory, abusive or defamatory language or constitute any conduct that is prohibited by these Terms.
- You acknowledge and agree that:
- ratings or reviews may be made publicly available through the Shopping Platform;
- ratings or reviews are the opinion of Buyers that publish or submit them and do not reflect the opinion of MWN;
- Sellers are not permitted to modify, manipulate or change a published or submitted review or rating on the Shopping Platform, including without limitation by requiring or demanding that a third party publishes or submits a particular review or rating (positive or negative);
- Sellers may request that MWN reviews a rating or review; and
- MWN does not assess, verify or modify the ratings or reviews regularly, but we may at our sole discretion remove a rating or review if, in our reasonable opinion, it contains any offensive, fraudulent, discriminatory, abusive or defamatory language or constitutes conduct that is prohibited by these Term.
9. YOUR CONTENT:
- Any content created submitted, uploaded or published by you will continue to be owned by you (“Your Content”).
- You acknowledge and agree that by submitting, uploading and publishing Your Content on LSU Shop or associated platforms, you automatically grant MWN a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, irrevocable, transferable, sub-licensable licence to access, use, copy, store, reproduce, distribute, transmit, host, publicly display, excerpt, index, tag, modify, adapt, create derivative works from, and otherwise exploit Your Content in any media, form or format now known or hereafter developed, both within and outside of LSU Shop for the purpose of providing, communicating, managing and promoting LSU Shop and its services.
- You agree that that by submitting, uploading and publishing Your Content on the Shopping Platform or associated platforms, or in checking out or completing an order, Sellers and third parties will be able to view and use the content to the extent necessary to complete or process and order, or to use LSU Shop.
- You are solely responsible for all Your Content and for ensuring that it complies with applicable laws including, without limitation, those relating to privacy.
- You warrant and represent that you are the sole and exclusive owner of Your Content, or you have all rights, licences, consents and releases that are necessary to grant to us the licence in Your Content as specified in these Terms.
- You waive all moral rights or other similar rights that you may be entitled to under the laws of any and all jurisdictions throughout the world in perpetuity in Your Content contributed by you to LSU Shop. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of us and our nominated representatives, to any past, present and future doing of any act or omission in relation to Your Content that may otherwise infringe or breach such rights.
10. LSU CONTENT:
- Any and all images, video footage, information, content and material published, featured or included on LSU Shop or associated platforms, including without limitation the images, text, graphics, logos, audio, video recordings and software, other than Seller Content (“LSU Content”), are either owned by MWN, or have been properly licensed by MWN. All such materials are protected by national and international laws of copyright, trade mark, design, moral rights and similar laws related to the protection of intellectual property.
- You do not have any rights, title or interest, including, but not limited to copyright, in or to any of the LSU Content.
- You may not reproduce, exploit or use LSU Content for any purpose other than as necessary to access the LSU Shop and appraise and purchase Products from Sellers, without obtaining the express, written consent of
- For the avoidance of doubt, you may not use, reproduce, modify or otherwise exploit any part of the Shopping Platform or any content communicated by us in conn with LSU Shop to establish, develop, create, maintain or deliver, or assist in establishing, maintaining or delivering your own online shopping platform.
- The trademarks, logos, and service marks displayed in conn with the LSU Content are the registered or unregistered trademarks of MWN. You may not use, reproduce, modify or otherwise exploit our trademarks, whether registered or unregistered, in conn with any product or service, without our express, written consent.
11. PROHBITED CONDUCT:
- access LSU Shop in breach of any applicable laws or regulations or these Terms;
- purchasing or otherwise obtaining Products for the purpose of reselling them, unless expressly approved by us in writing;
- use the Shopping Platform to transmit (or permit transmission of) unsolicited emails, junk mail, spam, promotional materials or any other uninvited correspondence;
- use LSU Shop, in any manner that we may, in our sole discretion, consider unlawful, fraudulent, misleading, deceitful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, discriminatory, hateful, offensive, pornographic, indecent, obscene, vulgar, violent, inflammatory or in any other way objectionable or inappropriate;
- use the Shopping Platform or any other content contained therein in any manner that may, in any manner, damage, disable, overburden or impair LSU Shop;
- use the Shopping Platform or any other content contained therein in any way that we may, in our sole discretion, consider to be an infringement of any of our rights or any rights of any third parties; or
- use the Shopping Platform to solicit, harvest or collect any personal information, including, but not limited to usernames and passwords from any third parties by electronic or other means, with that parties express and informed consent or approval;
- contact other users, whether Buyers or Sellers, directly without their express consent; or
- use LSU Shop, or related resources for the purposes of competing with or displacing the market for the Lady Startup brand.
- You will not be involved in or contribute to, directly or indirectly, any conduct, activity, statement, accusation or claim that:
- may harm, disparage, damage or diminish the reputation of MWN, LSU Shop, the Lady Startup brand, or any other person associated with LSU Shop;
- brings MWN, LSU Shop, the Lady Startup brand, our clients, affiliates, employees, contractors or assigns into public disrepute; or
- defames MWN, our clients, affiliates, employees, contractors or assigns.
- You agree to be respectful, professional and courteous at all times during the course of your engagement with Buyers and other persons associated with MWN whether on or off the Shopping Platform.
12. NO ENDORSEMENT:
- Featuring a Seller on the Shopping Platform does not amount to our endorsement of that Seller or its Products or business.
- From time to time we may undertake third party advertising, or provide testimonials or statements in relation to third party websites, services, events or products on LSU Shop. We do not in any way represent that we endorse the relevant advertisement, its products, events or services, unless expressly stated in the advertising, testimonial or statement.
- For the avoidance of doubt, we do not accept any responsibility in connection with your engagement with or use of any third party websites, services, events or products, whether endorsed by us or not.
- Your engagement with third parties via LSU Shop is entirely at your own risk. We do not accept any responsibility for any communications or transactions between you and a third party (including, without limitation, Sellers) using LSU Shop or for your participation in a third party’s event, competition or activity, whether accessed via LSU Shop or not.
13. SUSPENSION OR TERMINATION:
- In the instance that you breach or fail to uphold any provision of these Terms, we reserve the right, in our sole discretion, to reject, refuse, restrict or terminate your access to all or any part of the Shopping Platform at any time, with or without prior notice, and without liability.
- Without limitation the general power of termination under Section 1, you acknowledge and agree that we may without notice, discontinue (temporarily or permanently) a Buyer’s Account, the Shopping Platform or other services (or any part thereof), or terminate, revoke or otherwise limit your access to the Shopping Platform at any time in the instance that:
- there is a discontinuance or material modification to the Shopping Platform or services;
- there is an technical or security issue or problem;
- maintenance periods or extended periods of inactivity;
- you fail to provide reasonably required information or provide information that is incomplete, inaccurate or false; or
- you fail to make one or more payments as and when payment falls due.
- Where appropriate we will give you the opportunity to rectify or resolve any breach or issue before suspending, terminating or limiting your access to the Shopping Platform or your Account.
- We may on-sell or authorise a debt collection agency or other authorised agency to collect any amount that is payable by you and has not been paid and inform credit watch monitoring services of ongoing defaults trends or payment avoiding strategies employed, at our discretion.
- To the fullest extent permissible at law, on termination or suspension of your Account or your access to the Shopping Platform, Sections 10, 11, 3, 12.4, 14 and 15.3 of these Terms of will survive and remain in full effect.
14. LIABILITY AND INDEMNITY:
- To the extent permitted at law, a Seller’s liability under these Terms for all claims relating to a Product, whether in contract, tort (including negligence), in equity, under statute or on any other basis, will be limited to an amount equal to the greater of:
- AUD$100; or
- the purchase price paid for the Product.
- To the extent that MWN’s liability for breach of any implied warranty or term cannot be excluded by law, our liability will be limited, at our option, to:
- in relation to services, the payment of the costs of having the service re-supplied; or
- in relation to goods, the payment of the cost of having the goods replaced or payment of the cost of having the goods repaired.
- In no event will we be liable to you for any indirect, incidental, special or consequential losses or damage, including, but not limited to financial loss, loss of profits, revenue, goodwill, data, opportunity of whatever nature, or the cost of procurement of substitute products or services, howsoever arising in connection with your access to or reliance upon LSU Shop.
- The Shopping Platform is controlled and offered by MWN from its facilities in Australia. Users who access or use the Shopping Platform from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
- You access to and use of LSU Shop is at your own risk.
- To the extent permitted at law we exclude all conditions and warranties relating to your access to and use of LSU Shop that are not expressly set out in these Terms.
- NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE AND TO THE MAXIMUM EXTENT POSSIBLE AT LAW, WE EXCLUDE ALL LIABILITY:
- WHATSOEVER IN RELATION TO YOUR USE OF THE SHOPPING PLATFORM OR ANY BREACH OF THESE TERMS;
- ARISING FROM ANY CANCELLATION, MODIFICATION, ERROR OR INTERRUPTION IN LSU SHOP OR ITS SERVICES, WHETHER CAUSED BY US OR NOT;
- ARISING FROM ANY DEFECT, FAILURE TO CORRECT DEFECTS, CORRUPTION, ATTACK, VIRUS, TROJAN HORSE, INTERFERENCE, OMISSION, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, DELETION, HACKING OR OTHER SECURITY OR TECHNICAL INTRUSION IN CONNECTION WITH LSU SHOP;
- WHATSOEVER IN RELATION TO YOUR RELIANCE ON THE ACCURACY, SUITABILITY, COMPLETENESS, PROFESSIONAL SOUNDNESS OR CURRENCY OF INFORMATION, PRODUCTS OR SERVICES PROVIDED BY US; AND
ARISING FROM UNLAWFUL THIRD PARTY CONDUCT, THEFT, UNAUTHORISED ACCESS, DESTRUCTION, ALTERATION OR UNAUTHORISED ACCESS TO SELLER CONTENT, THE USE OF CREDIT CARD OR OTHER FINANCIAL INFORMATION, FAILURE OR DELAY IN COMPLETING A TRANSACTION, OR OTHER LOSS OR DAMAGE ARISING FROM ANY TRANSACTION MADE OR ATTEMPTED IN CONNECTION WITH LSU SHOP.
- These Terms constitute the entire agreement between you and us regarding your registration to the LSU Shop;
- Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
- The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.
- You may not assign, transfer or otherwise sublicense your rights under these Terms.
- These Terms shall operate to the fullest extent permissible at law. If any provision or provisions of these Terms are determined to be unlawful, void or unenforceable, that provision shall be deemed to be severable from these Terms, and shall not be deemed to affect the validity or enforceability of any remaining provisions.
- These Terms shall be governed and interpreted in accordance with the laws of New South Wales, Australia, and the parties hereby agree and submit to the exclusive jurisdiction of the Courts of New South Wales.
17. CONTACTING US AND INFRINGEMENT NOTICE:
- All notices for any communications relating these Terms should be sent to Mamamia.com.au pty ltd for email or Level 3, 68 Wentworth Ave Surry Hills 2010 NSW.
- In particular, if you have a copyright infringement notification that you wish to make us aware of, you will need to identify the materials that you believe infringe your copyright, identify the protected copyright work, identify how the protected copyright work has been or is being infringed and include your contact information. Please sign the notice and send it to Level 3, 68 Wentworth Ave Surry Hills 2010 NSW.