Overview

This website is operated by Jade Whelan. I offer this website, including all information, tools and services available from this site to you conditioned upon your acceptance of all my terms, conditions, policies and notices.

By visiting my site or purchasing something from me, you agree to be bound by the following terms and conditions and linked policies. These terms of service apply to all users of the site.

Read these terms of service carefully before accessing or using my website.

My store is hosted on Shopify Inc. They provide me with the online e-commerce platform that allows me to sell my products and services to you.

Section one - online store terms

By agreeing to these terms of service, you represent that you're:

• at least the age of majority in your state or province of residence
• the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use my products for any illegal or unauthorised purpose. You also may not, in the use of my services, violate any laws in your jurisdiction (including copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the terms will result in an immediate termination of your services.

Section 2 - general conditions

I reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be:

• transferred unencrypted
• involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of my services, use of my service or access to my service or any contact on the website through which the service is provided, without express written permission from me.

Section 3 - accuracy, completeness and timeliness of information

I'm not responsible if information 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 on or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not current and is provided for your reference only. I reserve the right to modify the contents of this site at any time. But I have no obligation to update any information on my site. You agree it is your responsibility to monitor changes to my site.

Section 4 - modifications to the service and prices

Prices for my products are subject to change without notice.

I reserve the right at any time to change or discontinue my service without notice at any time.

I'm not liable to you or to any third-party for any changes, suspension or discontinuance of my service.

Section 5 - products or services

Certain products or services may be available exclusively online through the website. They may have limited quantities and are subject to return or exchange only according to my return policy.

I have made every effort to display as accurately as possible the colors and images of our products that appear at the store. I can't guarantee your computer monitor's display of any color will be accurate.

I reserve the right, but are not obligated, to limit the sales of my products or services to any person, geographic region or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any products or services I offer. All descriptions of products or product pricing are subject to change at anytime without notice. I reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

I don't warrant the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

Section 6 - accuracy of billing and account information

I reserve the right to refuse any order you place with us. I may, in my discretion, limit or cancel quantities bought:

• per person
• per household
• per order.

These restrictions may include orders placed by or under the same customer account, the same credit card or orders that use the same billing or shipping address. If I make a change to or cancel an order, I may try to let you know by contacting the e-mail or billing address/phone number provided at the time you made the order. I reserve the right to limit or prohibit orders that, in my judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at my store. You agree to update your account and other information, including your email address and credit card numbers and expiration dates, so I can complete your transactions and contact you as needed.

For more information, view my returns policy.

Section 7 - optional tools

I may provide you with access to third-party tools that I don't monitor or have any control/input.

You acknowledge and agree that I provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. I have no liability arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion. You should make sure you’re familiar with and approve of the terms the tools are provided by the relevant third-party providers.

I may also offer new services or features through the website. They will also be subject to these terms of service.

Section 8 - third-party links

Certain content, products and services available via my site may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that aren’t affiliated with me. I'm not responsible for examining or evaluating the content or accuracy. I don't warrant and don't have any liability or responsibility for third-party materials or websites or for any other materials, products or services of third-parties.

I'm 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 third-party websites. Review the third-party's policies and practices carefully. Make sure you understand them before you engage in any transaction. Direct any complaints, claims, concern or questions about third-party products to the third-party.

Section 9 - user comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

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 libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail 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. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 - personal information

Your submission of personal information through the store is governed by my privacy policy.

Section 11 - errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 - prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Jade Whelan, 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 your use of any of the service or any products procured using the service, or 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.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - indemnification

You agree to indemnify, defend and hold harmless Jade Whelan and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 - severability

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 17 - entire agreement

The failure of me to exercise or enforce any right or provision of these terms doesn't constitute a waiver of such right or provision.

These terms and my policies constitute the entire agreement and understanding between you and me. They govern your use of my service, superseding any previous or contemporaneous agreements, communications and proposals, whether oral or written, between you and me (including any prior versions of the terms).

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

Section 18 - governing law

These terms and any separate agreements where I provide you services are governed by and construed in accordance with the laws of Australia.

Section 19 - changes to the terms of service

I reserve the right to update, change or replace any part of these terms of service. It’s your responsibility to check my website for changes. Your continued use of my website or services following the posting of any changes to these terms constitutes acceptance of those changes.

Section 20 - contact information

If you have questions, email me at jadelbwhelan@gmail.com.

Other contact information:
Jade Whelan
jadelbwhelan@gmail.com
ABN 45 157 979 392