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Terms of service

TERMS OF SERVICE

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OVERVIEW

Mustard Made Pty Ltd. operates this website. Throughout the site, the terms “we”, “us” and “our” refer to Mustard Made Pty Ltd. We offer this website – including all the information, products and services available from it – to you, the user, on the understanding that you accept these Terms of Service, along with any policies and notices referred to here or linked.

By visiting our site or purchasing from us, you’re engaging in our “Service” and agreeing to these Terms of Service (“Terms”). These Terms apply to everyone who uses the site, including browsers, customers, merchants and contributors of content.

Please read these Terms carefully before using our site. If you don’t agree to them, you should stop using the site or our Services. If these Terms are considered an offer, acceptance is strictly limited to these Terms.

These Terms also apply to any new features or tools we add to the store. You can always check the latest version on this page. We may update them from time to time by posting changes here, so please check back when needed. If you keep using our site or Services after changes are posted, that means you’ve accepted the updated Terms.

Nothing in these Terms limits your rights under the Australian Consumer Law: those rights always apply.

Our store is hosted on Shopify Inc., which provides the ecommerce platform that allows us to sell our products and services to you.

Section 1 – Online Store Terms

By agreeing to these Terms, you represent that you are at least 18 years old, or that you are the age of majority in your state, territory or country of residence, and have given us your consent to allow any of your minor dependents to use this site.

You agree not to use our products for any unlawful or unauthorised purpose, nor to break any laws in your jurisdiction. Please don’t spread viruses, harmful code, or do anything that might damage the site or stop others from enjoying it.

If you break these Terms, we may need to stop providing our Services to you

Section 2 – General Conditions

We may refuse service to anyone if we have reasonable grounds to do so.

You understand that information you share (other than credit card details) may travel across different networks and may be adapted to meet technical requirements. Credit card details are always encrypted during transfer.

You agree not to copy, sell, exploit or misuse our Services or content without our written permission.

Headings in these Terms are for convenience only and don’t affect their meaning.

Section 3 – Accuracy, Completeness and Timeliness of Information

We try to keep the information on our site accurate and up to date, but we can’t guarantee it. Some content may be historical and is provided for reference only.

We may update or change site content at any time, but we don’t promise to update everything. It’s your responsibility to keep an eye on changes.

Section 4 – Modifications to the Service and Prices

Prices for our products may change without notice.

We may update, change or discontinue parts of the Service (or content on it) at any time without notice.

We won’t be liable to you or any third party for any price change, modification, suspension or discontinuation.

Section 5 – Products or Services

Some products may only be available online and may have limited quantities. Returns and exchanges are handled according to our Returns Policy.

We do our best to show colours and images accurately, but we can’t guarantee how they will appear on your device.

We may limit sales to certain people, regions or jurisdictions, or limit quantities, if needed. Product descriptions, pricing and availability may change without notice.

Nothing in these Terms limits your rights under the Australian Consumer Law. If a product is faulty, not fit for purpose, or doesn’t match its description, you’re entitled to a repair, replacement or refund as provided by law.

Section 6 – Accuracy of Billing and Account Information

We may need to refuse or cancel an order if there are reasonable grounds – such as suspected fraud, stock unavailability, a pricing error, or if fulfilling it would be unlawful. If this happens, we’ll try to notify you using the details you gave us.

We may also limit or cancel orders that appear to be placed for resale or distribution rather than for personal use. This helps us keep our consumer website fair and available to individual customers.

Please keep your account and payment details current so we can process your order and contact you if needed.

For more detail, please see our Returns Policy.

Section 7 – Optional Tools

We may provide access to tools or features from third parties. These are provided “as is” without any warranties or endorsements. We’re not responsible for issues arising from your use of them.

Use of such tools is at your own risk and subject to the third party’s own terms.

From time to time, we may also introduce new services or features on our website (such as new tools or resources). Unless stated otherwise, any new features or services will also be covered by these Terms.

Section 8 – Third-Party Links

Our site may include links or content from third parties. We’re not responsible for their accuracy, content or practices.

If you choose to interact with third-party sites or purchase their products, that’s between you and them. Please check their policies carefully.

Section 9 – User Comments, Feedback and Other Submissions

If you send us ideas, feedback, reviews, photos or other materials (“comments”), you’ll still own them – but by sharing them with us, you grant Mustard a worldwide, non-exclusive, royalty-free licence to use, copy, publish, translate and distribute them in any medium for marketing, promotional or operational purposes.

We don’t have to use or respond to submissions, and we won’t pay compensation unless we’ve agreed to do so in advance. We may also remove or edit content we believe is unlawful, offensive, misleading, or harmful to others, or that infringes someone else’s rights.

By posting or sending comments, you confirm they won’t:

  • Breach any copyright, trademark or other intellectual property rights,

  • violate another person’s privacy, reputation or personal rights,

  • contain defamatory, obscene or otherwise unlawful material, or

  • contain viruses, malware or harmful code.

You also agree not to impersonate someone else or mislead us (or others) about the origin of your comments.

You’re solely responsible for what you post and the accuracy of your comments. Mustard isn’t liable for any comments made by you or other users.

Section 10 – Personal Information

Your submission of personal information through the store is covered by our Privacy Policy.

Section 11 – Errors, Inaccuracies and Omissions

From time to time, there may be information on our site or in the Service that contains errors, inaccuracies or omissions relating to (including but not limited to) product descriptions, pricing, promotions, offers, shipping charges, delivery times and availability. We reserve the right to correct these and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).

If a correction affects your order — for example, a change to shipping charges, delivery availability or a material pricing error — we’ll contact you to confirm whether you wish to proceed. If you do not agree, we’ll cancel the order and provide a full refund.

Delivery timeframes shown on our site are estimates only and may be subject to carrier delays or events outside our control. This does not limit your rights under the Australian Consumer Law.

Section 12 – Prohibited Uses

You may not use the site or its content:

  • for unlawful purposes

  • to solicit others to commit unlawful acts

  • To violate laws or regulations

  • to infringe intellectual property rights

  • to harass, abuse, harm, defame, intimidate or discriminate

  • to submit false or misleading information

  • to upload viruses or malicious code

  • to collect or track others’ personal information

  • to spam, phish or scrape

  • for obscene or immoral purposes

  • to bypass or interfere with site security

We may suspend or end your access if you engage in prohibited uses.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We do our best to keep our site and Services running smoothly, but we can’t promise they will always be uninterrupted, timely, secure or error-free. From time to time, we may pause or change parts of the Service without notice.

Except as required by law, we make no guarantees that the results you get from using our Service will be accurate or reliable. Our products and Services are provided “as is” and “as available.”

Nothing in these Terms limits your rights under the Australian Consumer Law. You are always entitled to the consumer guarantees that apply to goods and services in Australia, including that products must be of acceptable quality and fit for their purpose.

To the extent permitted by law:

  • Mustard and our team are not liable for any indirect or consequential loss, including lost profits, data, savings, or business opportunities.

  • Our total liability to you for any claim relating to the Service or a product you’ve purchased is limited to the amount you paid for that product.

Section 14 – Indemnification

You agree to indemnify and hold harmless Mustard, our team and partners, against claims or demands made by others that directly arise from your breach of these Terms or unlawful use of our Services. This doesn’t apply where the issue is caused by our own negligence or unlawful conduct.

Section 15 – Severability

If any part of these Terms is unlawful or unenforceable, it will still be enforced to the fullest extent possible, and the rest of the Terms remain valid.

Section 16 – Termination

These Terms remain effective until ended by you or us. You may stop using our Services at any time by letting us know or simply ceasing use.

If we believe you’ve breached these Terms, we may end this agreement immediately and you’ll remain responsible for any amounts due up to that date.

Section 17 – Entire Agreement

These Terms, together with any policies or rules posted on our site, make up the entire agreement between you and us about the Service and replace any earlier versions.

If we don’t exercise or enforce a right under these Terms, that doesn’t mean we’ve waived that right.

If anything in these Terms is unclear, it should not automatically be interpreted against Mustard just because we wrote them.

Section 18 – Governing Law

These Terms, and any separate agreements under which we provide Services, are governed by the laws of New South Wales, Australia.

Section 19 – Changes to Terms of Service

You can always view the current version of these Terms on this page.

We may update these Terms from time to time by posting changes here. By continuing to use our site or Services after changes are posted, you accept the updated Terms.

Section 20 – Contact Information

Questions about these Terms can be sent to us at hello@mustardmade.com

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