ADDITIONAL TERMS FOR MEMBERS
By registering your business you understand and agree to these Terms for Members, you are agreeing to be bound by these Terms for Members; if you do not agree, you cannot use our advertising service. We may change these Terms for Members at any time, and by continuing to use or access our website and advertising services, you are accepting those changes.
You must be 18 years old or older to use our advertising service. You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information.
MEMBERSHIP AND ADVERTISING
You must become a member online through our website to use our advertising service and to advertise. You must confirm that you are a Mum to use our advertising services, and we will verify your membership status accordingly. You must maintain the confidentiality of your password and login. You are solely responsible for all use of your login and password. Your membership is non-transferable and you must immediately notify us at [email protected] of any unauthorised use of your login.
We have no obligation to monitor the member content on our advertising service, and we are not liable for any unauthorised or unlawful content. We are not involved in the interaction between members and customers, but only facilitate their introduction. If you have a dispute with another member, or a customer you must resolve it with that member or customer and you release us from all Claims arising out of or in any way connected with such disputes.
RIGHTS IN YOUR CONTENT
When you post content on our website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license to all Copyright in that content, including, but not limited to, the right to broadcast on any third party platforms. Further, you waive all Moral Rights you have in your content.
YOUR OBLIGATIONS AND CONTENT RULES
Once you become a member you must provide us with various personal information. This includes, but is not limited to your address, email, phone number, gender, various business information, confirmation that you are a mother and the year in which your children were born.
You represent and warrant that:
In the event that we find that any information is not true correct or current, we may at our sole discretion immediately terminate your membership and remove your advertisement.
You must conduct yourself appropriately when using our advertising service, including being respectful and courteous to all other members and customers. All content that you post on the site must be accurate correct and up to date. If you post any of the following we may, at our sole discretion remove your advertisement or terminate your membership:
If you consider that someone is breaching the content posting rules, please notify us at [email protected] immediately so that we can address the issue immediately. Where you breach these content rules, we may delete your advertisement and terminate your membership at our discretion.
Business/Vendors will be responsible for any GST, sales tax, or other taxes that apply to the sale and purchase of any Products on the mumma jones Marketplace, as further described in the Payment and Fees Policy.
If we are required to pay any taxes in relation to the sale of your Products, you agree to indemnify us for any such payments and promptly repay us for such costs upon notice.
PRICES AND DESCRIPTIONS OF OUR ADVERTISING SERVICE
All our prices are in Australian dollars and include GST . We may change prices without notice to you. We may discount or offer free advertising from time to time. We may also discontinue any advertising service at any time or change our range of advertising services at any time without notice to you. We are not liable for any price changes, other changes, or any discontinued advertising services.
Except as required by law we do not warrant the quality of the advertising service or warrant that it will meet your expectations.
You may create an Account, register your Business, and create Listings for free.
All transactions made through the Marketplace will incur a transaction fee, as further described in the Payment and Fees Policy. The Payment and Fees Policy may be updated or amended from time to time. We will endeavour to notify you in relation to any changes to the transaction fees, but please ensure that you check the Payment and Fees Policy periodically to ensure that you are aware of all current fees applicable to the sale of your Products.
You agree that you will pay us our fees. We have two options for our membership fees;
Option one: You may opt to pay $0 monthly membership fee with higher commission rate. This applies to every advertisement.
Option two: You may opt to pay a $49 monthly membership fee. This enables you to sell up to unlimited products per month.
Payments must be made via Visa, Mastercard, PayPal, Apple pay, Google pay, American express, Maestro . Please read the relevant terms and conditions for your payment method. Payment must be received by us prior to the advertisement or we will not permit your advertisement.
You are responsible for paying your fees when they’re due. If you don’t, without prejudice to any other right or remedy we may be entitled to under this Agreement or by law, we may suspend or terminate your membership. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
CANCELLATIONS OF MEMBERSHIP AND REFUNDS OF MEMBERSHIP FEES
You must provide us with 14 days prior written notice to cancel your membership. To the extent permitted by law, any refunds of membership fees paid to us are at our absolute discretion. We do not provide refunds for your change of mind, or where you failed to provide us with adequate information, or where you fail to get results.
You permit us to use any testimonials you post for our marketing and information purposes, or publications exhibitions and professional awards. You must seek our prior written consent before any publication of information about us.
We may refuse to provide membership to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your membership and remove your advertisements. We may also warn other users to use caution when dealing with you. We can also stop offering our advertising services at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our advertising services.
LIABILITY AND INDEMNITY
Your use of, or inability to use our advertising service at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your membership or advertisement including, but not limited to, any errors or omissions in any advertisement, any price changes or discontinued s and/or advertising services, and termination of your membership, any removal of your advertisement and any interruptions, any changes.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent advertisement you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your content, your breach of this Agreement, including the content rules, where you provide incorrect personal information, any unauthorised use of your membership account, any lack of results from your advertisement, any disclosure of your personal information, and any further meetings or communications with any other member, and any direct or indirect consequences of you accessing using or transacting on the website.
IF THERE IS A DISPUTE
If at any time our advertising service is not reasonably acceptable to you or we disagree on the quality of our advertising services you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns.
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms and other terms and conditions on our website, these Terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
Account means an account registered by you on the mumma jones Marketplace.
ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business means your business, through which you sell the Products.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Copyright means the copyright as defined under the Copyright Act 1968 (Cth).
Content means written, visual and audio content published on or made available through the Website.
GST means Goods and Services Tax (GST) as defined within the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, loss of goodwill, loss of business reputation, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Marketplace means the online marketplace run by Mumma Jones Pty Ltd on the Website that allows Vendors to promote and sell their products.
Member means you, the member who is agreeing to these terms and conditions.
Moral Rights means all moral rights as defined under the Copyright Act 1968 (Cth).
Our Representatives means any of our employees, agents, contractors or subcontractors.
Payment and Fees Policy means the Mumma Jones Pty Ltd payment and fees policy, which is adhered to when registering your business and can be found at https://mummajones.com.au/mumma-house-rules-help-centre/.
Products means all goods and products listed for sale on the Website by the Vendor, which are available for purchase by Customers.
Services means the marketplace service provided by Mumma Jones Pty Ltd on the Website and any other services provided to you by Buy Mumma Jones Pty Ltd.
Terms means these terms and conditions.
Vendor (also referred to herein as “you” or “your”) means the person, jointly and severally if more than one, using the Website, the Marketplace or our Services to register an Account and sell products.
Vendor Standards means the standards that all Vendors are required to comply with in relation to their conduct and dealings with Customer on the mumma jones Marketplace, available at https://mummajones.com.au/mumma-house-rules-help-centre/.
We, us, or our means Mumma Jones Pty Ltd t/as Mumma Jones[ ABN 98637691859] and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
Website and advertising services means www.mummajones.com.au, and everything available on this website including, but not limited to, all products and advertising services.