Terms of service
Terms of Service
Overview
Welcome to MOOKA! The terms "we", "us", and "our" refer to MOOKA. MOOKA operates this store and website, including all associated information, content, features, tools, products, and services, in order to provide you with a personalised shopping experience (the "Services"). MOOKA is powered by Shopify, which enables us to provide these Services to you.
The terms and conditions below, along with all policies referenced in this document (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you must not use or access our Services.
Section 1 — Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any minor dependants to use these Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide that information.
You are solely responsible for the security of your account credentials and all activity on your account. You may not transfer, sell, assign, or sublicense your account to another person.
Section 2 — Our Products
We have made every effort to provide an accurate representation of our products and services in our online store. However, please be aware that colours or product appearance may differ from what appears on your screen, depending on the device and display settings you are using to access the store.
We do not guarantee that the appearance or quality of any products or services purchased will meet your expectations or be identical to what is shown in our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product we offer to any person, geographic area, or jurisdiction, on a case-by-case basis.
Section 3 — Orders
When you place an order, you are making an offer to purchase. MOOKA reserves the right to accept or decline your order for any reason, at its discretion. Your order is not accepted until MOOKA confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as MOOKA may not be able to accommodate cancellation requests once an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time of the order.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.
Section 4 — Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping, handling, customs, or import charges.
Prices displayed in our online store may differ from those offered in physical stores or online stores operated by third parties. From time to time, we may offer promotions through the Services that may affect pricing and that are governed by terms separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiry dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorised to use that credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card provider; and (iv) you will pay all charges incurred at the prices displayed, including any applicable shipping, handling, and taxes.
Section 5 — Shipping and Delivery
We are not responsible for shipping and delivery delays. All delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control. Once we have transferred the products to the carrier, title and risk of loss pass to you.
Section 6 — Intellectual Property
Our Services, including but not limited to all trade marks, marks, text, displays, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are the property of MOOKA, its affiliates, or licensors, and are protected by Australian and international copyright, trade mark, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
MOOKA's names, logos, product and service names, designs, and slogans are trade marks of MOOKA or its affiliates or licensors. You must not use these marks without prior written authorisation from MOOKA. All rights not expressly granted are reserved by MOOKA.
Section 7 — Optional Tools
You may have access to tools provided by third parties through the Services, which we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind and without any endorsement. We accept no liability arising from or related to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk, and you should ensure that you are familiar with and approve the terms under which those tools are provided by the relevant third-party providers.
Section 8 — Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or damage related to your access of third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please review third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
Section 9 — Relationship with Shopify
MOOKA is powered by Shopify, which enables us to provide the Services. However, all sales and purchases you make in our store are conducted directly with MOOKA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and MOOKA, including any harm, damage, or loss resulting from products and services purchased. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with MOOKA.
Section 10 — Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Information you submit through the Services will be transmitted to and shared with Shopify as well as third parties who may be located in countries other than your own, for the purpose of providing the Services to you. Please refer to our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
Section 11 — Comments and Reviews
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or any other content (collectively, "Comments"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display those Comments in any medium and for any purpose, including commercial purposes.
You also represent and warrant that: (i) you own or have all necessary rights to all Comments you submit; (ii) you have disclosed any compensation or incentive received in connection with your submission of Comments; and (iii) your Comments will comply with these Terms.
You agree that your Comments will not violate any third-party rights, including copyright, trade mark, privacy, personality, or any other personal or proprietary rights.
Section 12 — Errors, Inaccuracies, and Omissions
There may be occasions when information on or through the Services contains 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 modify or update information or cancel orders where information is inaccurate, at any time and without notice.
Section 13 — Prohibited Uses
You may access and use the Services only for lawful purposes. You must not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, or territory regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, intimidate, or injure any employee or other person; (e) to transmit false or misleading information; (f) to send any unsolicited advertising or promotional material; (g) to impersonate any other person or entity; or (h) for any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.
You also agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, sell, or resell any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, or scrape; or (e) interfere with the security features of the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
Section 14 — Termination
We may terminate this agreement or your access to the Services at any time and without notice, at our sole discretion. You will remain responsible for all amounts owing up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.
Section 15 — Disclaimer of Warranties
Information presented on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY MOOKA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Section 16 — Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOOKA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY HARM, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS ACQUIRED THROUGH THE SERVICES.
Section 17 — Indemnification
You agree to indemnify, defend, and hold harmless MOOKA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
Section 18 — Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms, without affecting the validity and enforceability of any remaining provisions.
Section 19 — Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service, together with all policies and operating rules published by us on this site, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
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 attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
Section 21 — Governing Law
These Terms of Service and any separate agreements by which we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which MOOKA's registered office is located. You and MOOKA consent to the jurisdiction and personal jurisdiction of the courts of that jurisdiction.
Section 22 — Headings
The headings used 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 the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following the posting of any changes constitutes your acceptance of those changes.
Section 24 — Contact Information
Questions about the Terms of Service should be sent to us at info@shopmooka.com.