Terms and Conditions
These Terms and Conditions of Use (“Terms”) govern your use of the website located at www.madeinthenow.com (“MITN") and form a binding contractual agreement between you, the user of MITN, and us, Made in the Now Pty Ltd ACN 152 222 225 (“MITN”)
1. Your acceptance of these Terms
1.1. By using MITN you:
(a) signify your agreement to and acceptance of these Terms;
(b) signify your agreement to and acceptance of any other policies published on MITN (“MITN Policies”);
(c) are over the age of 18 and have the right and authority to enter into this Agreement or if you are under the age of 18, you have reviewed these Terms with your parent or guardian and understand and agree to these Terms; and
(d) the performance your obligations hereunder does not infringe the rights of any third party.
1.2. MITN reserves the right to vary the Terms and the MITN Policies at any time. Each such variation will be effective immediately upon publishing on MITN. Your continued use of MITN following any such variation constitutes your acceptance and agreement to be bound by the Terms and MITN Policies, as varied. It is therefore important that you review the Terms and MITN Policies regularly.
2. Access and Use
2.1. MITN grants you a non-exclusive, worldwide, non-transferable licence to use MITN in accordance with these Terms.
2.2. You may access and use MITN (including any incidental copying that occurs as part of that use) in the normal manner, for personal non-commercial purposes.
2.3. You must not add/remove any content to/from MITN:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or MITN to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring MITN, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
2.4. MITN contains links to other websites, which are not operated by MITN ("Third Party Site/s"). MITN has no control over Third Party Site/s and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of Third Party Sites will be subject to the terms of use of the Third Party Site/s.
2.5. MITN retains complete editorial control over MITN and may alter or amend any part of MITN at any time in its sole discretion without prior notice or liability to you. Notwithstanding MITN’s editorial control, MITN contains content originally published by Third Party Site/s. You acknowledge that MITN is not liable for any loss or damage howsoever caused resulting from any action taken or reliance made by you on any information or material on this website which was, in whole or part, originally published by Third Party Site/s.
2.6. MITN will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes). MITN reserves the right to cease the operation of MITN, or any part thereof, without prior notice or liability to you.
2.7. By using MITN you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use MITN at your own risk.
3. Privacy and your personal information
3.1. Without limiting Clause 1.1(b), you warrant that you have read the Privacy Policy published on MITN. This policy explains how MITN treats your personal information, and protects your privacy, when you use MITN.
3.2. You agree to the use of your personal information in accordance with the Privacy Policy.
4. Prohibitions
4.1. In using MITN you agree that, unless you are specifically allowed to do so under the terms of a separate agreement with MITN, you shall not:
(a) use, or allow to be used, MITN for any unlawful purpose or in any unlawful manner;
(b) impersonate any other person;
(c) make any commercial use of MITN, or any part thereof;
(d) access (or attempt to access) MITN by any means other than through the interface that is provided by MITN;
(e) access (or attempt to access) MITN through any automated means (including use of scripts or web crawlers);
(f) "frame" or "mirror" this website or any part thereof on any other server or Internet-enabled device;
(g) reproduce, duplicate, or copy any part of MITN for any purpose;
(h) and will not permit anyone else, to copy, modify, adapt, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of MITN or any part thereof;
(i) attempt to corrupt data or undermine the security or integrity of MITN, or where MITN is hosted by a third party, that third party's computing systems and networks;
(j) transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(k) hack into any aspect of MITN;
(l) infringe upon the rights of any other person's proprietary rights.
5. Content and proprietary rights
5.1. You acknowledge and agree that MITN (or MITN’s licensors) own all legal right, title and interest in and to MITN, including any Intellectual Property rights which subsist in MITN (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with MITN, nothing in these Terms gives you a right in or to any Intellectual Property.
5.2. In using MITN you agree that you shall not (and will not permit anyone else) to adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any Intellectual Property on MITN. You agree that you will not use any Intellectual Property in a way that is likely or intended to cause confusion about the owner or authorised user of the Intellectual Property.
5.3. For the purpose of this Clause 5, Intellectual Property includes, but is not limited to, artworks, photography, literary works, musical works, sound recordings, cinematograph films, trade marks, service marks, trade names and logos.
6. Terms of Sale
6.1. The price for each product is as set forth in the pricing tab on MITN. All prices are in Australian dollars and quoted as inclusive of GST for Australian customers.
6.2. MITN reserves the right to modify product prices at any time, including offering promotional, discount or higher prices. The valid price at any time is that which is quoted on MITN at the time of purchase.
6.3. Payment must be made by approved Paypal, Visa or Mastercard. MITN utilises the services of third parties to process payments. In no event shall MITN be responsible or liable for any payment processing issue or error. You are responsible for making your own enquiries into and abiding by the terms and conditions of use of the relevant third party payment processing entity. All enquires or issues relating to payment processing must be directed to the relevant third party payment processing entity.
6.4. When placing an order:
(a) you warrant that you have read, understand and agree to the Shipping and Refund Policies published on MITN, as amended;
(b) you undertake that all details you provide to MITN are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods;
(c) you acknowledge that foreign exchange rates may fluctuate and that all charges are subject to such changes.
6.5. Whilst MITN tries to ensure that all details, descriptions and prices which appear on MITN are accurate, errors may occur. If MITN discovers an error in the price of any goods which you have ordered MITN will inform you of this as soon as practicable and give you the option of reconfirming your order at the correct price or cancelling it. If MITN is unable to contact you the order will be refunded.
6.6. Due to the nature of MITN, it is not possible for you to cancel your order.
6.7. MITN reserves the right to withdraw the availability of any product on MITN. In the event that you have already placed an order on MITN for a product that is subsequently withdrawn, MITN may, in its sole discretion, process or refund your order in full without any further liability to you.
6.8. MITN make no warranty that purchases made via MITN will meet your requirements.
6.9 Due to the nature of digital artwork compared to artwork printed onto fabric t-shirts, there may be differences between the t-shirt shown on screen and the final physical t-shirt. MITN will attempt to recreate the online design as closely as possible but make no warranty that the final physcial t-shirt will be an exact reproduction of the on screen product.
7. Liability
7.1. To the full extent permitted by law, MITN excludes:
(a) all liability in respect of loss of data, interruption of business or any consequential or incidental damages, and
(b) all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
7.2. If any legislation operates to prohibit or restrict the exclusion, restriction or modification of any implied warranties, conditions or obligations, then to the extent possible, MITN limits its liability in respect of any such claim to, at its option:
(a) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
(b) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of repairing the goods, or replacing the goods or of acquiring equivalent goods.
7.3. MITN will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material as a result of or in connection with your use of MITN or to your downloading of any material posted on it, or on any website linked to it. In using MITN, you acknowledge that you view and download published material at your own risk.
8. Linking to this Website
8.1. You may link to MITN, provided you do so in a way that is fair and legal and does not damage MITN’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.
9. Indemnity
9.1. You will indemnify and hold MITN, its subsidiaries and their directors, officers, employees, contractors, agents and licensors harmless from any loss, damage, proceeding and cost (including all reasonable legal costs), whether in contract, tort, under statute or otherwise, directly or indirectly as a result of your use of MITN, your breach of these Terms, or your violation of any applicable law or the rights of any third party.
10. General
10.1. You agree that you shall be solely responsible for (and that MITN has no responsibility to you or to any third party for) any breach of your obligations or any representation or warranty you provide under these Terms and for the consequences of any such breach (including any loss or damage, howsoever caused, which MITN or any third party may suffer).
10.2. If a provision of these Terms are invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
10.3. Failure or omission by MITN to enforce or require strict or timely compliance with any provision of these Terms will not affect or impair that provision, or MITN’s rights thereto.
10.4. These Terms embody the entire understanding and agreement between the parties in relation to use of MITN.
10.5. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement.
10.6. This Agreement is governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland Australia.
