Terms of service

 OVERVIEW

Welcome to MIMOSPLASH. These Terms of Service ("Terms") govern your use of our website and services. The terms "we," "us," and "our" refer to MIMOSPLASH. By visiting our site or purchasing from us, you agree to be bound by these Terms and our Privacy Policy.

MIMOSPLASH is powered by Shopify, which provides our e-commerce platform. However, all sales and purchases are made directly with MIMOSPLASH.

Please read these Terms carefully. If you do not agree to these Terms, you should not access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT

By using our Services, you represent that you are at least 18 years of age or the age of majority in your state or territory of residence, and that you have given us your consent to allow any of your minor dependents to use the Services.

To use our Services, you may be required to provide information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to accurately represent our products in our online store. However, please note that colors and product appearance may differ from how they appear on your screen due to device settings and configuration.

We do not warrant that the appearance or quality of products will meet your expectations or match exactly what is depicted online.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product and may limit quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. MIMOSPLASH reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance and process your payment.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the contact information provided.

All purchases are subject to our Refund Policy, which can be viewed at mimosplash.com/policies/refund-policy.

You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect when your order is placed, as confirmed in your order confirmation email. Unless otherwise stated, prices do not include taxes, shipping, handling, customs, or import charges.

Prices in our online store may differ from prices in physical stores or other third-party retailers. Promotional offers may be governed by separate terms and conditions.

You agree to provide current, complete, and accurate purchase and payment information. You agree to promptly update your account information, including email address and payment details, so we can complete transactions and contact you as needed.

You represent and warrant that: (i) your payment information is true, correct, and complete; (ii) you are authorized to use the payment method; (iii) charges will be honored by your payment provider; and (iv) you will pay all charges at posted prices, including shipping, handling, and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

Our shipping policy can be viewed at mimosplash.com/policies/shipping-policy.

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.

Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by MIMOSPLASH, its affiliates, or licensors and are protected by Australian and international intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

MIMOSPLASH's names, logos, product and service names, designs, and slogans are trademarks of MIMOSPLASH. You must not use such trademarks without our prior written permission. All rights not expressly granted herein are reserved.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools as part of the Services, which we neither monitor nor control. You acknowledge that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind.

We have no liability arising from your use of optional third-party tools. Any use of such tools is entirely at your own risk and discretion.

We may offer new features through the Services in the future, which shall be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites or embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.

If you access third-party websites, you do so at your own risk. We are not liable for any harm or damages related to your access or use of third-party websites or products. Please review third-party policies carefully before engaging in any transaction.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

MIMOSPLASH is powered by Shopify, which provides our e-commerce platform. However, all sales and purchases are made directly with MIMOSPLASH.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and MIMOSPLASH, including any injury, damage, or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases and transactions with MIMOSPLASH.

SECTION 10 - PRIVACY POLICY

All personal information we collect is subject to our Privacy Policy, available at mimosplash.com/policies/privacy-policy, and certain information may be subject to Shopify's Privacy Policy.

Because our Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit may be transmitted to Shopify and third parties that may be located in other countries to provide services to you.

SECTION 11 - FEEDBACK

If you submit ideas, suggestions, feedback, reviews, proposals, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial use.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation received in connection with your Feedback; and (iii) your Feedback complies with these Terms.

We are under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it.

We may monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable.

You agree that your Feedback will not violate any third-party rights, contain unlawful or abusive content, or contain malware. You may not use a false email address or mislead us as to the origin of Feedback. You are solely responsible for your Feedback and its accuracy.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, 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 is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services:

  • For any unlawful or malicious purpose
  • To violate any laws or regulations
  • To infringe upon intellectual property rights
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person
  • To transmit false or misleading information
  • To send spam, junk mail, chain letters, or unsolicited promotional material
  • To impersonate any other person or entity
  • To engage in conduct that restricts or inhibits anyone's use of the Services

You also agree not to:

  • Upload or transmit viruses or malicious code
  • Reproduce, duplicate, copy, sell, or resell any portion of the Services
  • Collect or track personal information of others
  • Spam, phish, spider, crawl, or scrape
  • Interfere with or circumvent security features

We reserve the right to suspend, disable, or terminate your account at any time if you violate any part of these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and Privacy Policy.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information on the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY MIMOSPLASH, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions which cannot be excluded under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL MIMOSPLASH, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING 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 YOUR USE OF THE SERVICES OR ANY PRODUCTS, EVEN IF ADVISED OF THEIR POSSIBILITY.

This limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction and does not limit any rights you may have under the Australian Consumer Law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MIMOSPLASH, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising from: (1) your breach of these Terms; (2) your violation of any law or third-party rights; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim. We may control the defense and settlement of such claims at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent. You will cooperate in the defense of indemnified claims.

SECTION 18 - SEVERABILITY

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 severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications, and proposals.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. You and MIMOSPLASH consent to the exclusive jurisdiction of the courts of New South Wales, Australia for any disputes arising from these Terms or your use of the Services.

Nothing in these Terms limits your rights under the Australian Consumer Law or other applicable consumer protection legislation.

SECTION 22 - HEADINGS

The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time at mimosplash.com/policies/terms-of-service.

We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following any changes constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at info@mimosplash.com.

MIMOSPLASH
Email: info@mimosplash.com
Address:  Online-only business - info@mimosplash.com
Phone: Email contact only: info@mimosplash.com
ABN: ABN Registration Pending