Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Masca Makes.

The terms "we", "us" and "our" refer to Pauline Denise S Mascarinas (ABN 15 630 322 852).

We operate this online store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Our store is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law or other applicable laws.

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 or territory of residence, and you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information.

You represent and warrant that all information you provide through our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colours, finishes, dimensions and product appearance may differ slightly from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

Where products are handmade, made to order or produced using digital fabrication or 3D printing processes, minor variations in appearance, texture, finish or dimensions may occur. These variations do not necessarily constitute a defect.

We do not warrant that the appearance of products purchased by you will exactly match images or representations displayed on our store.

All product descriptions are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction on a case-by-case basis.

Nothing in these Terms limits or excludes any rights or remedies you may have under the Australian Consumer Law or any other applicable law.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase the selected products.

We reserve the right to accept or decline your order for reasonable grounds, including where a product is unavailable, an obvious pricing or listing error has occurred, or we reasonably believe the transaction may be fraudulent.

Your order is accepted when we confirm acceptance of your order. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation requests after an order has entered production or has otherwise been processed.

If we do not accept, make a change to or cancel an order, we will attempt to notify you using the contact details provided at the time the order was placed.

Your purchases are subject to return, refund or exchange in accordance with our Refund Policy and your rights under applicable Australian consumer law.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for a product or service will be the price displayed at the time the order is placed and will be set out in your order confirmation.

Unless otherwise stated, prices are in Australian dollars (AUD). Applicable taxes, shipping costs and other charges will be displayed separately where applicable.

Prices posted in our online store may differ from prices offered through other stores, marketplaces or third parties.

We may offer promotions from time to time that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will apply to the extent of that conflict.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that you are authorised to use the payment method provided and that you will pay all charges incurred at the prices displayed at the time of purchase, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times provided by us are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, incorrect or incomplete delivery information provided by you, or events outside our reasonable control.

Once your order has been dispatched, tracking information may be provided where available.

If an item is lost or damaged during delivery, we will work with you and the relevant carrier to resolve the issue.

Nothing in these Terms excludes or limits your rights under the Australian Consumer Law in relation to delivery or goods that are lost, damaged or not received.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to our branding, text, displays, images, graphics, product reviews, video, audio, product designs and the design, selection and arrangement thereof, are owned by Pauline Denise S Mascarinas or our licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent, except where permitted by law.

Except as expressly provided herein, nothing in these Terms grants you a licence or other rights under any copyright, trademark, design, patent or other intellectual property rights belonging to us, Shopify or any third party.

You must not use our branding, product designs, images, text or other intellectual property without our prior written permission.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to third-party tools as part of the Services. We do not monitor or control these third-party tools and have no control over their operation.

You acknowledge and agree that third-party tools are provided on an "as is" and "as available" basis, to the extent permitted by law, and without endorsement by us.

Your use of optional third-party tools is at your own risk and discretion. You should ensure that you understand and accept the terms on which those tools are provided by the relevant third-party provider.

We may introduce new features, tools or resources through the Services from time to time. Any new features will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content, accuracy, availability or practices of third-party materials or websites.

If you choose to access third-party websites or services, you do so at your own risk.

We are not responsible for loss or damage arising from your use of third-party websites, products, services, resources or content, except where liability cannot lawfully be excluded.

Complaints, claims or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

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

However, purchases made through our store are transactions between you and Pauline Denise S Mascarinas (ABN 15 630 322 852).

Shopify provides the ecommerce platform used to operate our store but is not responsible for the products sold through our store or for the performance of our sales, fulfilment or customer service obligations.

To the extent permitted by law, Shopify and its affiliates are not responsible for claims arising directly from transactions between you and Pauline Denise S Mascarinas.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in accordance with its own policies.

Information you submit through the Services may be transmitted to and processed by Shopify and other service providers, including providers located outside Australia, where necessary to provide the Services.

For more information about how personal information is collected, used and disclosed, please refer to our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback for purposes including operating, improving and promoting the Services.

You represent and warrant that:

(i) you own or have the necessary rights to provide the Feedback;

(ii) the Feedback does not infringe the rights of another person; and

(iii) the Feedback complies with these Terms and applicable law.

We are not required to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback.

We may remove or moderate Feedback where reasonably necessary, including where it is unlawful, defamatory, offensive, threatening, obscene, infringes intellectual property rights or otherwise violates these Terms.

You remain responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies and omissions and to update information or cancel affected orders where permitted by law.

Where an error affects an order you have already placed, we will take reasonable steps to notify you and, where appropriate, provide you with available options.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You must not use the Services:

(a) for any unlawful or malicious purpose;

(b) to violate any applicable law or regulation;

(d) to harass, abuse, threaten, defame or harm any person;

(e) to transmit false or misleading information;

(f) to impersonate another person or entity;

(g) to distribute spam, malware or other harmful material;

(h) to interfere with the operation or security of the Services; or

(i) to engage in conduct that restricts or inhibits another person's use of the Services.

You must not knowingly upload or transmit viruses or malicious code, reproduce or exploit substantial portions of the Services without permission, collect personal information of others without lawful authority, or circumvent security or access controls.

We reserve the right to suspend or terminate access to the Services where we reasonably believe these Terms have been violated.

SECTION 14 - AGENTS

14.1 This section applies if you use, allow, enable or cause the deployment of an automated agent or similar software to access, use or interact with the Services.

14.2 No automated agent may access, use or interact with the Services where we have requested that it refrain from doing so.

14.3 We may use reasonable technical measures to limit or control automated access to the Services.

14.4 Automated agents must not conceal or misrepresent their identity, circumvent security measures or access controls, complete CAPTCHAs intended to distinguish automated access from human access, or otherwise circumvent measures designed to control automated access.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services where permitted by law, including where you materially breach these Terms.

You remain responsible for amounts properly due up to the date of termination.

The provisions relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination will continue to apply.

SECTION 16 - DISCLAIMER OF WARRANTIES

To the extent permitted by law, information presented through the Services is provided for general information purposes.

We do not guarantee that the Services will always be available, uninterrupted, secure or error-free.

Except where expressly provided or required by law, the Services and products are provided on an "as is" and "as available" basis.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Pauline Denise S Mascarinas will not be liable for indirect, incidental, special or consequential loss arising from your use of the Services or products purchased through the Services.

However, nothing in these Terms excludes, restricts or modifies liability that cannot lawfully be excluded, restricted or modified, including rights and remedies available to consumers under the Australian Consumer Law.

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

SECTION 18 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Pauline Denise S Mascarinas, and our contractors, service providers and licensors from claims, losses or liabilities arising from your material breach of these Terms, your unlawful use of the Services or your infringement of a third party's rights.

This section does not apply to the extent that the relevant claim, loss or liability was caused by our own unlawful conduct or negligence.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law and the remaining provisions will continue in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms and any policies or operating rules posted on the website constitute the entire agreement between you and us regarding your use of the Services, subject to any rights or obligations that cannot lawfully be excluded.

SECTION 21 - ASSIGNMENT

You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent, except where permitted by law.

We may transfer or assign our rights and obligations under these Terms where permitted by law.

SECTION 22 - GOVERNING LAW

These Terms are governed by the laws of Victoria, Australia.

You and Pauline Denise S Mascarinas (ABN 15 630 322 852) submit to the jurisdiction of the courts of Victoria, Australia, and the applicable Commonwealth courts of Australia.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the meaning of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change or replace these Terms by posting an updated version on our website. Any changes will apply from the date specified in the updated Terms, subject to applicable law.

Your continued use of the Services following the posting of updated Terms constitutes acceptance of those changes to the extent permitted by law.