TERMS OF SERVICE

OVERVIEW

Welcome to Don’t Tell Nonna.

This website and online store are operated by Don’t Tell Nonna Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Don’t Tell Nonna Pty Ltd.

Don’t Tell Nonna Pty Ltd operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with our online shopping experience (the “Services”).

Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use our Services.

Please read these Terms of Service carefully before accessing or using our website.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our applicable policies, including our Privacy Policy and Return & Refund Policy.

If you do not agree to these Terms, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory, province or country of residence, or that you have given consent for any minor dependants to use the Services under your supervision.

To use certain parts of the Services or purchase products, you may be asked to provide information such as your email address, billing information, payment information and shipping information.

You agree that all information you provide is accurate, current and complete.

You are responsible for maintaining the confidentiality and security of any account credentials and for activity conducted through your account.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to display and describe our products accurately.

However, colors and product appearance may vary depending on your device, screen settings, production process and other factors.

Many of our products are produced on demand after an order is placed. Minor variations in placement, color or appearance may occur as part of the production process.

Nothing in this section limits any rights you may have under the Australian Consumer Law or other applicable consumer protection laws.

Product descriptions, designs and availability may be updated or changed from time to time.

We reserve the right to discontinue products or limit quantities where reasonably necessary.

SECTION 3 – ORDERS

When you place an order through our store, you are making an offer to purchase the products in your order.

An order is accepted once we confirm the order and payment has been successfully processed.

Please review your order carefully before submitting it, including the product, design, size, color, quantity and shipping information.

Because many of our products are made to order, we may be unable to change or cancel an order once it has entered production.

We may refuse or cancel an order where reasonably necessary, including where a product is unavailable, payment cannot be processed, incorrect pricing or product information has been displayed, or we reasonably suspect fraudulent or unlawful activity.

If we cancel an order after payment has been received, we will provide an appropriate refund.

Returns, refunds and replacements are subject to our Return & Refund Policy and any rights you have under applicable consumer protection laws.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change without notice.

The price applicable to your purchase will be displayed at checkout before you complete your order.

Depending on your location, prices may be displayed in different currencies.

Shipping costs and any applicable taxes or charges will be displayed or calculated where applicable during checkout.

International customers may also be responsible for customs duties, import taxes or other charges imposed by their local authorities where applicable.

You agree to provide accurate and complete billing, payment and account information when making a purchase.

SECTION 5 – SHIPPING AND DELIVERY

Products are generally made to order and require fulfillment before shipment.

Shipping and delivery estimates are estimates only and may vary depending on the product, destination, fulfillment location, carrier, customs processing and circumstances outside our reasonable control.

We are not responsible for delays caused solely by shipping carriers, customs authorities, incorrect customer-provided delivery information, or events outside our reasonable control.

However, nothing in this section excludes or limits any rights or remedies available to you under applicable consumer protection laws.

Please refer to our Shipping Policy for additional information about fulfillment, shipping and delivery.

SECTION 6 – INTELLECTUAL PROPERTY

Unless otherwise stated, the content available through our Services, including our brand name, logos, designs, graphics, photographs, text, product designs, slogans and other original content, is owned by or licensed to Don’t Tell Nonna Pty Ltd and is protected by applicable intellectual property laws.

You may access and use our website for personal and non-commercial purposes.

You may not reproduce, distribute, modify, sell, commercially exploit or create derivative works from our protected content without our prior written permission, except where permitted by law.

The name Don’t Tell Nonna, our logos, designs and other brand elements may not be used without our permission where such use would infringe our intellectual property rights.

Third-party trademarks and intellectual property remain the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to tools, applications or services operated by third parties.

We do not necessarily control these third-party services and their use may be subject to separate terms and privacy policies.

You should review the applicable third-party terms before using those services.

We may introduce new features, tools or services in the future, which may also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain links to websites or services operated by third parties.

We are not responsible for the content, accuracy, availability or practices of third-party websites that we do not control.

If you choose to access or purchase from a third-party website, you should review that third party’s terms and policies.

Nothing in this section limits any liability that cannot lawfully be excluded.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Don’t Tell Nonna is powered by Shopify, which provides the ecommerce technology that enables us to operate our online store.

However, purchases made through our store are transactions between you and Don’t Tell Nonna Pty Ltd, unless expressly stated otherwise.

Shopify is our ecommerce platform provider and is not the seller of our Don’t Tell Nonna products.

SECTION 10 – PRIVACY

Personal information collected through our Services is handled in accordance with our Privacy Policy and applicable privacy laws.

Because our store is hosted by Shopify, certain personal information may also be processed by Shopify and other service providers necessary to operate our store, process payments, fulfill orders and provide our Services.

Please review our Privacy Policy for further information.

SECTION 11 – REVIEWS AND FEEDBACK

If you submit reviews, suggestions, photographs, comments or other content to us, you confirm that you have the necessary rights to submit that content.

You must not submit content that infringes another person’s intellectual property, privacy or other legal rights, or content that is unlawful, misleading, abusive or malicious.

Where you provide content for publication or promotional use, you grant us permission to use that content for the purposes for which it was submitted, subject to applicable law.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates or product availability.

We may correct genuine errors and update information where reasonably necessary.

If an error materially affects an order you have already placed, we will take reasonable steps to notify you and provide an appropriate solution.

Nothing in this section limits your rights under applicable consumer protection laws.

SECTION 13 – PROHIBITED USES

You may use our Services only for lawful purposes.

You must not use our Services to:

• violate applicable laws or regulations;
• infringe intellectual property or other legal rights;
• transmit malicious software or harmful code;
• engage in fraud or provide deliberately misleading information;
• harass, abuse or unlawfully harm another person;
• interfere with the security or operation of our website;
• collect personal information unlawfully;
• impersonate another person or entity; or
• use our Services for other unlawful or malicious purposes.

We may restrict or terminate access to our Services where we reasonably believe these Terms have been materially violated.

SECTION 14 – AUTOMATED ACCESS AND AGENTS

Automated systems, bots, agents, scraping tools or similar technologies must not access or interact with our Services in a way that interferes with the operation or security of the Services, circumvents technical restrictions, violates applicable law, or infringes our rights or the rights of others.

We may take reasonable technical measures to protect our Services against unauthorized automated access.

SECTION 15 – TERMINATION

You may stop using our Services at any time.

We may suspend or terminate access to our Services where reasonably necessary, including in response to a material breach of these Terms, fraudulent activity, unlawful conduct or security risks.

Any provisions that by their nature should continue after termination will remain effective.

SECTION 16 – CONSUMER GUARANTEES AND WARRANTIES

Our goods and services come with rights and guarantees that cannot be excluded under the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

Customers in other jurisdictions may also have mandatory consumer rights under the laws applicable to them.

Any additional warranty we voluntarily provide operates in addition to, and does not replace, your statutory consumer rights.

SECTION 17 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Don’t Tell Nonna Pty Ltd will not be liable for losses that are indirect, consequential or not reasonably foreseeable arising from the use of our Services.

However, nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.

Where our liability may lawfully be limited, it will be limited only to the extent permitted by applicable law.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you are responsible for losses or claims arising directly from your unlawful use of our Services, your material breach of these Terms, or your infringement of another person’s rights.

Nothing in this section requires you to indemnify us for losses caused by our own unlawful conduct, negligence or breach of obligations that cannot lawfully be excluded.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in effect to the extent permitted by law.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right under these Terms does not automatically constitute a waiver of that right.

These Terms, together with the policies referenced in them, constitute the agreement governing your use of our Services and purchases from our store, subject to any rights that cannot be excluded under applicable law.

SECTION 21 – ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our consent where such consent is reasonably required.

We may transfer our rights or obligations as part of a legitimate business transfer, restructuring or similar transaction, subject to applicable law.

SECTION 22 – GOVERNING LAW

These Terms are governed by the laws applicable in the Australian state or territory in which Don’t Tell Nonna Pty Ltdis registered or principally carries on business, without excluding any mandatory consumer protections that apply to you based on your location.

Nothing in this section removes any rights or protections that cannot lawfully be excluded under applicable consumer protection legislation.

SECTION 23 – HEADINGS

The headings in these Terms are provided for convenience only and do not affect their interpretation.

SECTION 24 – CHANGES TO THESE TERMS

The current version of these Terms will be available on this page.

We may update these Terms from time to time to reflect changes to our Services, business practices or legal obligations.

Where required by applicable law, we will provide appropriate notice of material changes.

Changes will apply prospectively from their effective date and will not remove rights that have already accrued under applicable law.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service can be sent to:

Don’t Tell Nonna Pty Ltd
Email: team.donttellnonna@gmail.com
ABN: 35 691 179 441
ACN: 691 179 441