Terms and Conditions
These terms and conditions apply to the use of this website and any Mainie web site. By using this site, you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this web site. Please read the terms and conditions carefully as you will be bound by them each and every time you use the web site or access its contents.
- In General
You must not misuse this Website. You will not: commit or encourage a criminal offence; 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; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Mainie will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We 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 due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
- Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Mainie or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Mainie and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Mainie or its licensors. Mainie is a trade mark belonging to Mainie. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are similar without the written permission of Mainie.
Where you register for any area of this Website, the following terms and conditions apply. You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you. Mainie reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way. If you use multiple accounts for the purpose of disrupting the Mainie Blogs you may have action taken against all of your accounts. If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your Mainie account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer. Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your Mainie account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Mainie account(s).
- Forums & Testimonials
In addition to the terms contained in the Forum, the following terms and conditions apply to your use of the Forums on this site.
- Submission of material You own all of the content and information you post the Forum of the Website. In addition: For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Mainie (IP License). This includes for example and without limitation the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In certain circumstances Mainie may also share your contribution with trusted third parties. This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. You also acknowledge that Mainie is not obliged to publish any material submitted by you on any Mainie publication. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. When you publish content or information using the “Public” setting, it means that you are allowing everyone, including other Website users, to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified). We always appreciate your feedback or other suggestions about Mainie, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). By submitting any material to us, you agree to use the Mainie Blogs areas in accordance with these Terms and Conditions. If you do not want to grant Mainie the permission set out above on these terms, please do not submit or share your contribution on the Mainie Blogs areas.
- Failure to comply If you fail to abide by the Usage Rules you may be sent an email which informs you why any contribution you have made has been refused or edited. This email will also include a warning that continuing to break the Usage Rules may result in action being taken against your account or accounts. This action may include any content posted by you being checked before it is allowed to go on the Website or a temporary or permanent suspension of your ability to participate in any or all areas of Mainie. Mainie reserves the right to delete any contribution, or take action against any Mainie account, at any time, for any reason. If you do not want to grant Mainie the permission set out above on these terms, please do not submit or share your contribution on the Mainie Forums and Testimonials.
- Terms of Sale
By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our SHIPPING notice for further information. In order to contract with Mainie you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Mainie retains the right to refuse any order made by you. When placing an order you undertake that all details you provide to us 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.
Free shipping anywhere in the world, on orders over AUD$100.
The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes.
- Our Contract When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
- Pricing and Availability Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees. Goods purchased by you in Australia include GST, where goods are purchased by you from countries other than Australia customs and exercise duties are payable by you.
- Payment Upon receiving your order we carry out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once your payment has been approved.
- Returns and Collections
- Returning goods if they are faulty: We use our best endeavours to ensure all of our Mainie products are of the highest quality. We stand by our products and wish to ensure that you are completely satisfied with your Mainie garment. If your Mainie purchase does not meet your expectations, please contact us at firstname.lastname@example.org to arrange an exchange or refund.
- Returns generally: This section applies to the return of all goods. If for any reason you are not satisfied with your Mainie product, please contact us within 30 days of your purchase at email@example.com. We will then contact you to arrange a mutually agreed exchange or refund. We will bear all postage costs related to the return of the garment and the dispatch of an exchange garment if this is what you desire.
- Please note however, that we cannot accept responsibility for damaged goods if the damage has been caused by you. Please note our Product Care instructions for the correct method of cleaning and caring for your Mainie silk garment.
- Disclaimer of Liability
- All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms of Service or their subject matter, not contained in these Terms of Service, are excluded from these Terms of Service to the maximum extent permitted by law.
- Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
- In particular our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure
- If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Service under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and Mainie is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of Mainie for breach of the Non-Excludable Provision is limited to one or more of the following at Mainie’s option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
- Subject to Mainie’ obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Mainie is not liable for, and no measure of damages will, under any circumstances, include:
- special, indirect, consequential, incidental or punitive damages; or
- damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
- whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
- Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our 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 on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
- Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with Mainie and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Mainie.
You agree to indemnify, defend and hold harmless Mainie, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.
Mainie shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Mainie.
- Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the laws of the State of New South Wales in Australia.
- Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Mainie.