Website terms and conditions

Welcome to the website of Mumbleberry ("website" or "we" or "us" or “our”), where we bring locally sourced fine goods to you online. The following terms and conditions, our privacy policy and any other terms and conditions and policies which you may find throughout our website collectively govern the usage of the website, our related websites, and the products and services provided therein (collectively "terms and conditions").

By accessing or using the website, regardless of the means of access, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these terms and conditions.

 

Ownership

The website and all content is operated and owned by Catlamb Pty Ltd ABN 69 643 300 887.

 

Applicable laws

This website is managed in Queensland, Australia. As such, the laws of the Commonwealth of Australia and, and where applicable, the State of Queensland, will govern these terms and conditions. By using this website you submit to the jurisdiction of the courts of Queensland and Australia and agree that any legal action will only be commenced in these forums. The website is available only to people who can form legally binding contracts under applicable law.

 

Updating the terms and conditions

Occasionally the terms and conditions, other policies, or the content of the website, may requiring updating without notice. Changes are made effective immediately upon updating to the website. Your continued use of the website thereafter acknowledges your agreement to all updated terms and conditions.

Please consult the terms and conditions prior to the placement of any orders online. If you disagree to any updates to the terms and conditions, then you must immediately cease using the website.

While all efforts will be made, we do not promise to continue to offer or maintain the website online. We may withdraw it from use as required. As such we may, with or without prior notice, terminate any or all of the rights granted by these terms and conditions.

 

Information accuracy

Descriptions within this website are intended to be as accurate as possible, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information or any other content available on our website are to be considered 100% accurate, complete, reliable, current, available or error-free.

 

Customer requirements

The provision of services through website require you, (the customer), to provide your personal details, such as your real name, email address, phone number, physical address and other requested information as indicated.

You will be required to provide payment details. By entering your payment details you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

The website and its services are only available to customers who meet the our terms of eligibility. You must have been issued a valid credit/debit card by a bank acceptable to Mumbleberry, applications must be acceptable to Mumbleberry and you have authorised Mumbleberry to process a charge or charges on their credit/debit card in the amount of the total purchase price for the goods or services.

If you register on the website, you will have an email address/username and password for your Mumbleberry account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the website on someone else's behalf, you represent that you have the authority to bind that person as the principal to all terms and conditions provided herein, and to the extent you do not have such authority you agree to be bound to these terms and conditions and to accept liability for harm or loss caused by any wrongful use of the website or Content resulting from such access or use.

We reserve the right to refuse service and/or terminate accounts without prior notice if these terms and conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.

By confirming your order for goods or services from us via the website, you expressly authorise us to perform any of the following: credit checks and, where Mumbleberry considers necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. Please refer to our Privacy Policy for further information about how we use your personal information.

Guest purchases will not contribute to any Mumbleberry customer loyalty programs that be in operation.

 

Currency and Tax

Prices shown on the website are in Australian Dollars (AUD) and are inclusive of GST. Prices are subject to change effective immediately upon posting to the website or other form of notification.

 

Confirming an order

While Mumbleberry makes every attempt to ensure that online stock levels are accurate, confirming and processing your payment for an online order does not form a guarantee that stock is available. You will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order or confirmation that stock is available, just a confirmation that we have received your order request.

The completion of the contract between you and Mumbleberry will be completed when we email you to confirm the goods have been dispatched and have been handed over to the designated carrier. Completion of orders is subject to availability of the goods and/or services. The contract for the supply of goods or provision of services (as the context permits) is concluded in Queensland, Australia.

We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, that the item ordered is out of stock, the services are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, within the terms and conditions.

Mumbleberry reserves the right to refuse to process or refuse service to anyone at any time at our sole discretion.

Mumbleberry reserves the right to restrict multiple quantities of an item, or restrict the number of items being shipped to any one customer or postal address.

 

Shipping

Shipping of orders will be governed by our Shipping Policy.

 

Website use

The placement and confirmation of an order via the website confirms that you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose you will assume full responsibility for any loss or damage arising out of this use.

 

Intellectual property rights

The website and its "look and feel", all of its information, graphics, headers, button icons, photographs, content, image rights, sounds, music, video, audio or text on this website, and all intellectual property rights contained in each of the foregoing, including, without limitation, trade marks, designs, graphics, logos, button icons, data compilations and software, and the compilation and organisation thereof (the "content"), are owned by, and is the property of, Mumbleberry, or in some cases, our affiliates, partners, licensors. These intellectual property rights are protected by Australian and international laws, including laws governing copyright and trade marks.

Your use of the content is provided for the express purpose of delivering the products and services held within the website and does not grant you rights in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to the content or any portion of the website. This includes, without limitation, all HTML, system designs and other code contained in this website.

Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting, of the above listed content, in whole or in part, for any purpose without our express consent is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

Mumbleberry makes no recommendations as to the use of any information or content on this website which may infringe the intellectual property rights of itself or any third parties. Mumbleberry makes no representations or warranties that use of the information or content on this website will not infringe such intellectual property rights.

We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the website for the express purpose of browsing and order products and/or services. Any unauthorized use by you of the website or any and/or all of our content automatically terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these terms and conditions.

 

Representation and warranties

While Mumbleberry makes every attempt to ensure that the information contained within the website is accurate, Mumbleberry takes no responsibility for any loss or damage arising from its use.

Mumbleberry does not promise that the website and content is error-free. Mumbleberry does not promise that the functional aspects of the website and content will be error free or that this website, content or the server that makes it available are free of viruses or harmful malware. We strongly advise that all users/customers  ensure that they utilise a device that has an up to date operating system, secure and up to date browser and an up to date anti-virus service.

The website is presented "as is" and we make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the website, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not able to be excluded at law.

Certain legislation, including Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These terms and conditions must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which we are able to do so, our liability under those provisions will be limited, at our option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (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 replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired.

 

Limitations of liability

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the website; (c) data non-delivery, mis delivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the website, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in content, or (f) events beyond our reasonable control.

Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the website or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).

 

Indemnity

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, relate to:

  1. your breach or non-observance of any term of these terms and conditions;

  2. any breach or inaccuracy in any of your representations or warranties; or

  3. your use of the website.

 

Use of your information

If you provide any information or content in the course of using any such functionality of the website, you agree that such content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation.

You agree that you will not upload or otherwise provide any content which:

  1. is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;

  2. infringes the intellectual or other proprietary interests of third parties;

  3. contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the website or otherwise breaches or encourages other users to breach these terms and conditions;

  4. violates any law, statute or regulation;

  5. forges information to disguise the origin of any content; or

  6. encourages or incites any other person to engage in any of the above behaviour.

 

You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the content (and all intellectual property rights contained therein), in all media now known or not currently known. You also waive any moral rights or similar rights you may have or may acquire in the future in that content in our favour.

 

Third parties

We may include hyperlinks on this website to other websites or resources operated by parties other than Mumbleberry for convenience only. Mumbleberry is not responsible for the content or accuracy of any off-site pages linked to or from the website, nor are we responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. You should make your own reasonable enquires regarding the content of these sites. Your linking to or from these websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. Reference to any product, service or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Mumbleberry.

 

Breach and termination

If, in our reasonable opinion, you breach any provision of these terms and conditions we may immediately temporarily suspend or permanently prevent your access to all or parts of the website. In any event, we may terminate these terms and conditions (and your right to use the website) at any time and for any reason without prior notice to you.

 

Relationships

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these terms and conditions.

 

Force majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

 

Offers

All terms of an offer must be met. Offers are limited while stocks last. Offers are valid only for the period specified and will end at 11.59am AEST on the end date, unless stated otherwise in the offer terms. We reserve the right to vary, withdraw or cancel promotional offers for any reason at any time.

 

Questions

If you have any questions regarding these terms and conditions, please contact us.