Terms of Use

Mumma Jones Pty Ltd t/as Mumma Jones [ ABN 98637691859 ]  (“we, us, our”) operates this website at www.mummajones.com.au. Your use of this website and services is conditional upon you accepting these terms of use, and any other terms and conditions and policies we publish or link to on our website and services (“Terms of Use”). These Terms of Use apply to any website browser, customer, client, subscriber, advertiser, contributor of content or any other user (“You, your”). By accessing or using our website and services, you are agreeing to be bound by these Terms of Use; if you do not agree, you cannot use our website and services, so please surf elsewhere. We may change these Terms of Use at any time, and by continuing to use or access our website and services, you are accepting those changes.

You must be 18 years old or older to use our website and services. You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information. 

You must not use our website and services:

  • for any unlawful purpose;
  • to infringe any law, or regulation;
  • to infringe intellectual property laws including, but not limited to, any copyright laws;
  • to transmit any destructive code such as worms, viruses or malware;
  • to spam, phish, spider, or scrape;
  • to interfere with or circumvent the security features; or
  • to collect or track the personal information of others.

APPLICATION OF TERMS

The Website and mumma jones Marketplace are owned and operated by Mumma Jones Pty Ltd. Through the Website you can: 

– create an Account;

– register your Business;

– use the Services;

– list, promote, and sell your Products to customers on the mumma jones Marketplace; and access and upload content.

Mumma Jones Pty Ltd may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on the Website. Your continued use of the Website and the Services after any amendment becomes effective will constitute your agreement to be bound by these Terms, as amended.

HOW IT WORKS

Our website is a directory listing site that facilitates the introduction of various services and products by our members to you. Whilst we use our reasonable endeavours to ensure our members listings on our site are accurate, and complete, we have no obligation to monitor the member content, and we are not liable for any unauthorised or unlawful content. We are not involved in the interaction between you and any members, or between members, but only facilitate their introduction.

Whilst we use our reasonable endeavours to only list members goods that are of suitable quality, safety and legality, we cannot guarantee that any member goods offered will be of suitable quality, safety or legality. We also cannot guarantee that as a customer you will find what you are looking for, or if you are an advertiser that you will find suitable buyers for your products and services. If you have a dispute with a member, you must resolve it with that member, and you release us from all Claims arising out of or in any way connected with such disputes.

REFUNDS

If you have an issue with a product or service advertised on our website, you may be entitled to a refund pursuant to the Australian Consumer Law.  Any requests for refunds must be directed to the particular member that you purchased the goods or services from, and we are not to be involved. If they agree to provide a refund, we will release funds back to you.

RELIANCE ON ADVICE DISCLAIMER

We may provide information on our website that may be classed as legal, business, financial, medical or health information. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held.

Sometimes the information or advice may be historical information. Sometimes the information or advice may be based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time.

Sometimes the information or advice may not be complete. We have no obligation, and do not warrant that we will update the information or advice, or correct errors, or provide complete materials. We recommend that you consult more primary, accurate, complete and timely sources of information. We do not guarantee that the information on our website is accurate, complete or current. We are not liable for any Loss or damage due to negligence or otherwise arising from your reliance on any advice or information on this website.

We cannot take into account your personal situation or your personal goals or objectives when providing information or advice on our website. You must consider whether or not the information and advice is appropriate to your needs. This website is not a substitute for independent professional advice and any reliance on this information is at your sole risk. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on this advice. For example, do not use any medical information to diagnose, treat cure or prevent a disease, and do not use any financial information to make an investment.

VISITOR CONTENT

We encourage you to engage with our website; however, we do not recommend that you include any personal information in your posts, so as not to encourage any spam. You also post on the condition that you agree that we may, at any time and, without compensation to you, edit, copy, distribute, and otherwise use any posts that you make. We have no obligation to reply or engage with your posts. When you post to our website, you must comply with our content standards as follows:

You must not post: 

  • any inappropriate or offensive content, including but not limited to, any messages with insults or profanity, messages which are religiously, racially, or sexually offensive, or threatening or abusive;
  • any illegal content including, but not limited to, any content which breaches confidentiality or anything defamatory;
  • anything that violates the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy;
  • any immoral content, including but not limited to, anything pornographic or obscene; or
  • any content that impersonates any other person or misleads us or third parties as to the origin of your posts.

Where posts do not comply with our content standards, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. Any breach of these content standards will constitute a breach of these Terms of Use and we may immediately terminate your use of our website. You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third party posts.

OUR CONTENT

Sometimes content on our website and services will not be accurate, complete or current. Sometimes content may be incorrect, incomplete or outdated. We have no obligation, and do not warrant that we will correct errors, provide complete materials, or update information or any content. Any reliance on the content on our website and services is at your own risk.

INTELLECTUAL PROPERTY

All the Intellectual Property Rights in our website and services are owned by or licensed by us. This includes, but is not limited to, rights in all brand names, logos, slogans, images, photographs, copy, drawings, art, literature, music and video which appear on our website and services. We grant you a  non-exclusive, royalty-free, revocable, worldwide licence to use our website and services for your personal use only. You must not reproduce, duplicate, copy, sell, re-sell or exploit the website or services in any way. In particular, you must not use our website or services for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at [email protected] to seek consent. 

TERMINATION

We may refuse to provide this website or services or products to you, or anyone, for any reason, at any time. In particular, if you breach these Terms of Use we may immediately terminate your use of our website and services. We can also change, suspend, or stop our website or services or products or any part of them 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 website and services and products. 

THIRD PARTIES

Our website and services may include third party links. We have no control over third party links and websites, and we are not responsible for third party materials, content, websites or their products or services. Any purchase by you of products or services or any transaction with a third party is a contract between you and them, and we are not to be involved. You need to direct any concerns directly to that third party.

NO WARRANTIES

We do not represent or warrant that your use of our website and services will be uninterrupted, timely, secure or error-free. Our website is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions concerning, title, non-infringement or fitness-for-purpose.

THIRD PARTY APPS/ SOFTWARE

To enhance our website and services, we may provide you with access to third party apps and software tools over which we have no control. You acknowledge and agree that we provide access to these apps and tools on an “as is” and “as available” basis without any warranties as to their performance either express, or implied. We do not warrant that they will meet your requirements, be uninterrupted, timely secure or error- free, that the results will be accurate or reliable, or that the quality will meet your expectations. They are to be used at your risk, and you must read their terms and licenses which will govern your use of that resource. We are not responsible for any Loss or damage that you may suffer in connection with downloading, installing, using, modifying or distributing the third party apps or software.

LIABILITY AND INDEMNITY

Your use of, or inability to use our website and services and products is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services and any services and products listed on our website, including, but not limited to, any errors or omissions in any content, price changes or discontinued products and services, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services.

You agree to indemnify us, and to keep us indemnified from any Claim  arising out of or in connection with your breach of these Terms of Use, or your violation of any law or the rights of a third-party,  third party links and third party products and services.

OTHER

These Terms of Use are 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. The failure by us to exercise any right, or enforce any provision in these Terms of Use does not waive the future operation of that right or provision. In the event that a provision in these Terms of Use 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 Terms of Use survive termination of this Agreement.

DEFINITIONS

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.

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