TERMS AND CONDITIONS
AMOM Website and Subscription Service Terms and Conditions (Terms)
Last updated 27 February 2017
A Mischief Of Mice Pty Ltd (ACN 167 882 402) (us, we) owns and runs the www.amischiefofmice.com website (Website) and provides the monthly tampon subscription service available through the Website (Subscription).
Acceptance of Terms
These Terms set out the terms by which you may access and use the Website and be provided with the Subscription. By accessing the Website or subscribing to the Subscription, you agree to be bound by these Terms. If you do not accept these Terms, you must not access or use the Website or Subscription.
We may modify these Terms (and any other terms applicable to the Subscription, including payment terms) from time to time, and any amendments will be effective immediately upon the earlier of us posting them to the Website or otherwise notifying you of the change. Your continued use of the Website and/or Subscription represents your agreement to be bound by the amended terms, and if you do not agree with the amended terms, you may cancel your Subscription at any time.
To receive the Subscription you must be 18 years of age or older and reside within Australia.
To order a Subscription you must select the product that you wish to subscribe to (Product) and then complete the subscription/order form in full on the Website (including by providing a valid email address and credit card number for a credit card that we accept (currently MasterCard, Visa and PayPal)).
BY ORDERING A SUBSCRIPTION YOU ACKNOWLEDGE AND AGREE THAT YOU ARE OPTING INTO A MONTHLY PRODUCT SUBSCRIPTION AND THAT EACH MONTH WE WILL CHARGE THE CREDIT CARD THAT YOU DESIGNATED WHEN YOU ORDERED THE SUBSCRIPTION (OR THE CARD YOU LATER DESIGNATE FOR YOUR ACCOUNT ONLINE OR THROUGH A CUSTOMER SERVICE REPRESENTATIVE), THE THEN-CURRENT MONTHLY SUBSCRIPTION FEE (FEE) UNTIL YOUR SUBSCRIPTION IS CANCELLED.
Upon our acceptance of your order for a Subscription the Subscription will commence, and your first Fee will be deducted from your credit card. On each monthly anniversary of this date (Billing Date) the Subscription will automatically renew for a further one month period (and the Fee will be deducted from your credit card) unless you notify us (using the form or method on the Website) at least 14 days before the Billing Date that you wish to cancel the Subscription, in which case the Subscription will be cancelled.
You must promptly advise us of any changes to your information provided to us as part of the subscription process. Changes to address details, delivery instructions or payment details must be communicated at least 14 days before the Billing Date. Failure to provide accurate and complete shipping and payment information may result in the delay or cancellation of your Subscription or a delivery. You agree that we will not be liable for any charges that you incur due to you not advising us of updates to your information (including payment information), and if we incur an expense due to incorrect payment information provided by you, you agree to reimburse us for such expense upon request.
We may cancel your Subscription at any time by providing notice to you. If this occurs after a Fee has been deducted but before the next Product delivery has occurred, we will refund you any amounts that you have paid in advance for Products not yet delivered.
Subject always to (and without limiting) your rights under the Competition and Consumer Act 2010 (Cth) (CCA), Fees are non-refundable, and Products cannot be returned or exchanged, provided that, if Products are damaged or defective upon arrival, you notify us of this within 7 days of receiving the Products and provide any further information and evidence we request, and we agree that the damage or defect arose prior to you receiving the Product, at our election we will either replace the damaged or defective Product or refund your Fee for that month.
You acknowledge and agree that Products will be sent to you via Australia Post mail in accordance with Australia Post’s postage terms, and without a requirement for signature upon arrival.
While we do our best to maintain the projected shipment date, shipments of Products may be delayed due to vendor issues, emergencies, severe weather, natural disaster, strikes, acts of government authorities, or other factors beyond our reasonable control, and you agree that we will not be liable if a Product is unavailable or shipping is delayed.
From time to time we may offer promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit and are subject to the terms and conditions advised to you (including any minimum spend and use-by date conditions). The promotion code must be redeemed at the time of checkout, unless otherwise advertised, and cannot retroactively be applied to a purchase or used in conjunction with any other offer or promotional discount. Any promotional program may be terminated or modified by us at any time in our sole discretion.
Disclaimer and limitation of liability
While we make reasonable efforts to ensure that the information on the Website and/or contained within your order is accurate, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR RELIABILITY OF SUCH INFORMATION. We apologise in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Website or by informing you of the error and giving you an opportunity to cancel your order) or to update information at any time without notice.
YOU ACKNOWLEDGE AND AGREE THAT YOUR:
(a) USE OF PRODUCTS, THE WEBSITE AND YOUR PARTICIPATION IN THE SUBSCRIPTION IS AT YOUR OWN RISK, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE IS FREE FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER HARMFUL CONTENT OR COMPONENTS, OR THAT ACCESS TO THE WEBSITE WILL BE SECURE, UNINTERRUPTED, PROVIDED WITHOUT DELAY OR IN A TIMELY FASHION; AND
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING THE CCA), WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF (I) YOUR OR ANYONE ELSE’S USE OF ANY PRODUCTS; OR (II) YOUR USE OF THE WEBSITE OR YOUR PARTICIPATION IN THE SUBSCRIPTION, (COLLECTIVELY, CLAIMS), AND YOU HEREBY RELEASE US AND OUR OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM ALL SUCH CLAIMS.
Use of the Website
You agree to only use the Website for non-commercial purposes, and not to: (i) partake in any activity that obstructs, disrupts or affects (or has the potential to obstruct, disrupt or affect) our ability to facilitate and operate the Website or provide Subscriptions, any other users’ or subscribers’ ability to use the Website or obtain a Subscription, or the ability of the Website or any hardware to properly function; (ii) use the Website to collect details or any other information about any other user to send them any communication; or (iii) use the Website in any other way that may impair the Website or our reputation.
You are responsible for maintaining the confidentiality of your account login details, and you accept all responsibility for all activities that occur under your login. You must notify us immediately if there is any unauthorised use or misuse of your account or you suspect any other breach of security in relation to your account or the Website.
All material contained on the Website (including but not limited to photos, text, visual and audiovisual works and trade marks), the design of the Website, the appearance of the Website and the layout of the Website (together, the Website Aspects) is owned by or licensed to us (unless otherwise acknowledged on the Website) and protected by copyright and trade mark laws of Australia and other countries.
Except as necessary for the use of the Website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, a Website Aspect may not be used, adapted, reproduced, uploaded to a third party site, framed, linked to, published, transmitted or distributed in any way without our prior written consent.
Third party websites and advertisements
The Website may contain links to advertisements and other websites which are not maintained or controlled by us, including advertisements and websites of our partners, distributors and resellers (collectively, Third Party Sites). Third Party Sites are not part of the Website and we provide links to them for your convenience only. We make no representations or warranties about any Third Party Site, and we do not endorse, nor accept any responsibility for, the content or use of any Third Party Site.
By subscribing for a Subscription of otherwise providing us with your personal information, including through the Website, you agree that we may use (and permit our service providers to use) such personal information to contact you about your Subscription or use of the Website and otherwise for our general marketing purposes (including to send you newsletters about us and our goods and services).
These Terms are governed by and will be construed in accordance with the laws of Victoria, Australia, without giving effect to its conflict of laws provisions or your actual state or country of residence.
If you have any questions, comments or concerns about these Terms, the Website or your Subscription, please contact email@example.com