TERMS AND CONDITIONS

OVERVIEW

This website is operated by Mama Organiser. Throughout the site, the terms

“we”, “us” and “our” refer to Mama Organiser. Mama Organiser offers this

website, including all information, tools and services available from this site to

you, the user, conditioned upon your acceptance of all terms, conditions,

policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our

“Service” and agree to be bound by the following terms and conditions

(“Terms of Service”, “Terms”), including those additional terms and conditions

and policies referenced herein and/or available by hyperlink. These Terms of

Service apply to all users of the site, including without limitation, users who

are browsers, vendors, customers, merchants, and/ or contributors of content.

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

website. By accessing or using any part of the site, you agree to be bound by

these Terms of Service. If you do not agree to all the terms and conditions of

this agreement, then you may not access the website or use any services. If

these Terms of Service are considered an offer, acceptance is expressly

limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be

subject to the Terms of Service. You can review the most current version of

the Terms of Service at any time on this page. We reserve the right to update,

change or replace any part of these Terms of Service by posting updates

and/or changes to our website. It is your responsibility to check this page

periodically for changes. Your continued use of or access to the website

following the posting of any changes constitutes acceptance of those

changes.

All payments are taken via the Shopify Payment Gateway.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the

age of majority in your state or province of residence, or that you are the age

of majority in your state or province of residence and you have given us your

consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor

may you, in the use of the Service, violate any laws in your jurisdiction

(including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive

nature.

A breach or violation of any of the Terms will result in an immediate

termination of your use of our Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information),

may be transferred unencrypted and involve (a) transmissions over various

networks; and (b) changes to conform and adapt to technical requirements of

connecting networks or devices. Credit card information is always

encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion

of the Service, use of the Service, or access to the Service or any contact on

the website through which the service is provided, without express written

permission by us.

The headings used in this agreement are included for convenience only and

will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF

INFORMATION

We are not responsible if information made available on this site is not

accurate, complete or current. The material on this site is provided for general

information only and should not be relied upon or used as the sole basis for

making decisions without consulting primary, more accurate, more complete

or more timely sources of information. Any reliance on the material on this

site is at your own risk.

This site may contain certain historical information. Historical information,

necessarily, is not current and is provided for your reference only. We reserve

the right to modify the contents of this site at any time, but we have no

obligation to update any information on our site. You agree that it is your

responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any

part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price

change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS

Certain products or services may be available exclusively online through the

website. These products or services may have limited quantities and are

subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours

and images of our products that appear in the store. We cannot guarantee

that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products

or Services to any person, geographic region or jurisdiction. We may exercise

this right on a case-by-case basis. We reserve the right to limit the quantities

of any products or services that we offer. All descriptions of products or

product pricing are subject to change at anytime without notice, at our sole

discretion. We reserve the right to discontinue any product at any time. Any

offer for any product or service made on this site is void where prohibited.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our

sole discretion, limit or cancel quantities purchased per person, per

household or per order. These restrictions may include orders placed by or

under the same customer account, the same credit card, and/or orders that

use the same billing and/or shipping address. In the event that we make a

change to or cancel an order, we may attempt to notify you by contacting the

e-mail and/or billing address/phone number provided at the time the order

was made. We reserve the right to limit or prohibit orders that, in our sole

judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account

information for all purchases made at our store. You agree to promptly update

your account and other information, including your email address and credit

card numbers and expiration dates, so that we can complete your

transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither

monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and

“as available” without any warranties, representations or conditions of any

kind and without any endorsement. We shall have no liability whatsoever

arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your

own risk and discretion and you should ensure that you are familiar with and

approve of the terms on which tools are provided by the relevant third-party

provider(s).

We may also, in the future, offer new services and/or features through the

website (including, the release of new tools and resources). Such new

features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include

materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not

affiliated with us. We are not responsible for examining or evaluating the

content or accuracy and we do not warrant and will not have any liability or

responsibility for any third-party materials or websites, or for any other

materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of

goods, services, resources, content, or any other transactions made in

connection with any third-party websites. Please review carefully the third-

party’s policies and practices and make sure you understand them before you

engage in any transaction. Complaints, claims, concerns, or questions

regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER

SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest

entries) or without a request from us you send creative ideas, suggestions,

proposals, plans, or other materials, whether online, by email, by postal mail,

or otherwise (collectively, ‘comments’), you agree that we may, at any time,

without restriction, edit, copy, publish, distribute, translate and otherwise use

in any medium any comments that you forward to us. We are and shall be

under no obligation (1) to maintain any comments in confidence; (2) to pay

compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we

determine in our sole discretion is unlawful, offensive, threatening, libellous,

defamatory, pornographic, obscene or otherwise objectionable or violates any

party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party,

including copyright, trademark, privacy, personality or other personal or

proprietary right. You further agree that your comments will not contain

libellous or otherwise unlawful, abusive or obscene material, or contain any

computer virus or other malware that could in any way affect the operation of

the Service or any related website. You may not use a false e-mail address,

pretend to be someone other than yourself, or otherwise mislead us or third-

parties as to the origin of any comments. You are solely responsible for any

comments you make and their accuracy. We take no responsibility and

assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our

Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that

contains typographical errors, inaccuracies or omissions that may relate to

product descriptions, pricing, promotions, offers, product shipping charges,

transit times and availability. We reserve the right to correct any errors,

inaccuracies or omissions, and to change or update information or cancel

orders if any information in the Service or on any related website is inaccurate

at any time without prior notice (including after you have submitted your

order).

We undertake no obligation to update, amend or clarify information in the

Service or on any related website, including without limitation, pricing

information, except as required by law. No specified update or refresh date

applied in the Service or on any related website, should be taken to indicate

that all information in the Service or on any related website has been modified

or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are

prohibited from using the site or its content: (a) for any unlawful purpose; (b)

to solicit others to perform or participate in any unlawful acts; (c) to violate

any international, federal, provincial or state regulations, rules, laws, or local

ordinances; (d) to infringe upon or violate our intellectual property rights or the

intellectual property rights of others; (e) to harass, abuse, insult, harm,

defame, slander, disparage, intimidate, or discriminate based on gender,

sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f)

to submit false or misleading information; (g) to upload or transmit viruses or

any other type of malicious code that will or may be used in any way that will

affect the functionality or operation of the Service or of any related website,

other websites, or the Internet; (h) to collect or track the personal information

of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for

any obscene or immoral purpose; or (k) to interfere with or circumvent the

security features of the Service or any related website, other websites, or the

Internet. We reserve the right to terminate your use of the Service or any

related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be

uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the

service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite

periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your

sole risk. The service and all products and services delivered to you through

the service are (except as expressly stated by us) 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 of merchantability, merchantable quality, fitness for a particular

purpose, durability, title, and non-infringement.

In no case shall Mama Organiser, our directors, officers, employees, affiliates,

agents, contractors, interns, suppliers, service providers or licensors be liable

for any injury, loss, claim, or any direct, indirect, incidental, punitive, special,

or consequential damages of any kind, including, without limitation lost profits,

lost revenue, lost savings, loss of data, replacement costs, or any similar

damages, whether based in contract, tort (including negligence), strict liability

or otherwise, arising from your use of any of the service or any products

procured using the service, or for any other claim related in any way to your

use of the service or any product, including, but not limited to, any errors or

omissions in any content, or any loss or damage of any kind incurred as a

result of the use of the service or any content (or product) posted,

transmitted, or otherwise made available via the service, even if advised of

their possibility. Because some states or jurisdictions do not allow the

exclusion or the limitation of liability for consequential or incidental damages,

in such states or jurisdictions, our liability shall be limited to the maximum

extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mama Organiser and our

parent, subsidiaries, affiliates, partners, officers, directors, agents,

contractors, licensors, service providers, subcontractors, suppliers, interns

and employees, harmless from any claim or demand, including reasonable

legal fees, made by any third-party due to or arising out of your breach of

these Terms of Service or the documents they incorporate by reference, or

your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be

unlawful, void or unenforceable, such provision shall nonetheless be

enforceable to the fullest extent permitted by applicable law, and the

unenforceable portion shall be deemed to be severed from these Terms of

Service, such determination shall not affect the validity and enforceability of

any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination

date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either

you or us. You may terminate these Terms of Service at any time by notifying

us that you no longer wish to use our Services, or when you cease using our

site.

If in our sole judgment you fail, or we suspect that you have failed, to comply

with any term or provision of these Terms of Service, we also may terminate

this agreement at any time without notice and you will remain liable for all

amounts due up to and including the date of termination; and/or accordingly

may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms

of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on

this site or in respect to The Service constitutes the entire agreement and

understanding between you and us and govern your use of the Service,

superseding any prior or contemporaneous agreements, communications and

proposals, whether oral or written, between you and us (including, but not

limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be

construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide

you Services shall be governed by and construed in accordance with the laws

of New Zealand.

SECTION 19 - GOOGLE ANALYTICS

This website uses Google Analytics, a web analysis service of Google Inc.

(hereinafter referred to as ‘Google’). Google Analytics uses so-called

‘cookies’, text files which are stored on your computer and which make

possible an analysis of website use by you. The information generated by the

cookie with regard to your use of this website, including your IP address, is

transferred to a server of Google in the U.S. and stored there. Google uses

this information to evaluate your use of this website, to assemble reports on

website activities for other website operators and to provide other services

pertaining to website and Internet use. Google can also transfer this

information to third parties insofar as it is legally required or insofar as third

parties use this data in ways commissioned by Google. Google will under no

circumstances place your IP address in conjunction with other data of Google

Inc. You can prevent the installation of cookies by adjusting your browser

software. However, we call your attention to the fact that in such a case, not

all functions of this website will be operative. Through using this website, you

declare yourself in agreement with the editing of data which you have

provided by Google in the ways described above and for the purposes

described above.

SECTION 20 - SHOPIFY

Our store is hosted on Shopify Inc.. They provide us with the online e-

commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the

general Shopify application. They store your data on a secure server behind a

firewall.

Payment:

If you choose a direct payment gateway to complete your purchase, then

Shopify stores your credit card data. It is encrypted through the Payment

Card Industry Data Security Standard (PCI-DSS). Your purchase transaction

data is stored only as long as is necessary to complete your purchase

transaction. After that is complete, your purchase transaction information is

deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as

managed by the PCI Security Standards Council, which is a joint effort of

brands like Visa, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card

information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service

(https://www.shopify.com/legal/terms) or Privacy Statement

( https://www.shopify.com/legal/privacy ).

SECTION 21 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time

at this page.

We reserve the right, at our sole discretion, to update, change or replace any

part of these Terms of Service by posting updates and changes to our

website. It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or the Service following the

posting of any changes to these Terms of Service constitutes acceptance of

those changes.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at

mamaorganiser@icloud.com