Terms of service

OVERVIEW

Welcome to MNM Design (“we”, “us”, “our”). We operate this website and online store (the “Services”) to provide information, content, tools, products, and customer support. Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”) together with the policies referenced in them (including our Privacy Policy and Returns & Refunds Policy) explain your rights and responsibilities when using the Services.

By visiting, interacting with, or using our Services, you agree to these Terms and our Privacy Policy ([LINK]). If you do not agree, please do not use the Services.

1. ACCESS & ACCOUNTS

You must be 18 years or older (age of majority in Australia) to use the Services. If you allow a minor dependent to use the Services on a device you own or manage, you are responsible for their use.

You may be asked for information (e.g., email, billing, payment, shipping). You warrant the information you provide is accurate, current, and complete, and that you have the right to provide it. You’re responsible for keeping account credentials secure and for all activity under your account. You may not transfer or sell your account.

2. OUR PRODUCTS

We try to represent products and services accurately, but colour and appearance can vary due to devices, screens, and materials. We do not warrant that products will meet your personal expectations or look exactly as rendered online.

Product descriptions, pricing, and availability may change at any time without notice. We may discontinue products and limit quantities or sales to any person or jurisdiction.

Custom & printed items: Minor variations in colour, placement, and finish can occur due to print processes, garment/material differences, and screen calibration. See our Order Approval & Colour Variance terms (if applicable).

3. ORDERS

Placing an order is an offer to purchase. We may accept or decline any order at our discretion. Orders are accepted once payment is processed and we confirm acceptance. Please review your order carefully before submitting; cancellations may not be possible after acceptance.

Purchases are subject to our Returns & Refunds Policy ([LINK]). You warrant your purchases are for personal/household or business end-use and not for unauthorised resale or export.

4. PRICES & BILLING

Prices, promotions, and discounts may change without notice. The price charged is the price at checkout and in your order confirmation. Prices exclude shipping, handling, and taxes unless stated otherwise.

You agree to provide accurate billing and payment details and to promptly update them as needed. You warrant that you are authorised to use the chosen payment method and agree to pay all charges, including applicable GST and shipping.

5. SHIPPING & DELIVERY

Delivery timeframes are estimates only. We’re not responsible for delays caused by carriers, customs, or events outside our control. Risk of loss passes on delivery to the address you provide, subject to non-excludable rights under the Australian Consumer Law (ACL). Please inspect packages on arrival and contact us promptly about any issues.

6. INTELLECTUAL PROPERTY

All content and materials on the Services (including trademarks, logos, text, images, graphics, video, audio, and their arrangement) are owned by us or our licensors and are protected by Australian and international IP laws.

You may use the Services for personal, non-commercial use only. You must not copy, modify, distribute, publicly display, or create derivative works from our content without prior written consent. All rights not expressly granted are reserved.

Our names, logos, and product/service names are our trademarks. Shopify’s marks are trademarks of Shopify. Other names and logos are the property of their respective owners.

7. OPTIONAL TOOLS & NEW FEATURES

We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. Your use is at your own discretion and subject to third-party terms. New features or tools are part of the Services and subject to these Terms.

8. THIRD-PARTY LINKS

The Services may link to third-party websites or content. We do not control or endorse them and aren’t responsible for their content, policies, or practices. Accessing them is at your own risk; please review their terms and privacy policies.

9. RELATIONSHIP WITH SHOPIFY

Our store is powered by Shopify, enabling us to provide the Services. Sales are between you and MNM Design. Shopify is not responsible for those sales or for any injury, damage, or loss resulting from products or services purchased from us. You release Shopify from claims arising out of your transactions with us.

10. PRIVACY

Your personal information is handled per our Privacy Policy ([LINK]) and, where applicable, Shopify’s privacy terms. Because the Services are hosted by Shopify, certain data about your use of the Services may be processed by Shopify and service providers (which may be located overseas) to provide and improve the Services.

11. FEEDBACK & REVIEWS

If you submit feedback, ideas, reviews, or content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, and display it for any purpose. You warrant you have the rights to grant this licence and that your Feedback complies with law and these Terms. We may monitor, edit, or remove content at our discretion.

12. ERRORS & CORRECTIONS

We may correct errors, inaccuracies, or omissions (including pricing, descriptions, shipping charges, transit times, and availability) and update or cancel orders where information was inaccurate, without prior notice.

13. PROHIBITED USES

You may not use the Services for unlawful purposes; to violate laws; to infringe IP rights; to harass, defame, or abuse; to transmit malware, spam, or misleading information; to scrape or data-mine; or to interfere with security or operation of the Services. We may suspend or terminate access for violations.

14. TERMINATION

We may suspend or terminate the Services or your access at any time. You remain liable for amounts due up to the termination date. Sections that by nature should survive termination do so (including IP, Feedback, Disclaimers, Liability, Indemnity, Governing Law).

15. DISCLAIMER OF WARRANTIES

Except as required by law (including the ACL), the Services and all products are provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted, timely, secure, or error-free operation.

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any non-excludable rights or guarantees under the ACL.

16. LIMITATION OF LIABILITY

To the fullest extent permitted by law, we (and our officers, employees, contractors, agents, and service providers) are not liable for indirect, incidental, special, consequential, or punitive loss, or loss of profits, revenue, savings, data, or goodwill, arising from your use of the Services or products.

Where liability cannot be excluded under the ACL, our liability is limited, at our option, to the replacement or repair of the goods, the supply of equivalent goods, or the cost of replacing/repairing the goods or acquiring equivalent goods, unless otherwise required by law.

17. INDEMNIFICATION

You agree to indemnify and hold us (and our personnel and service providers) harmless from claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your unlawful conduct, or your misuse of the Services.

18. SEVERABILITY

If any provision is unlawful or unenforceable, it will be severed to the extent necessary and the remainder of the Terms will remain in full force.

19. WAIVER & ENTIRE AGREEMENT

Our failure to enforce any right is not a waiver. These Terms and the policies referenced in them constitute the entire agreement between you and us regarding the Services and supersede prior agreements or communications.

20. ASSIGNMENT

You may not assign or transfer your rights or obligations without our prior written consent. We may assign or transfer our rights or obligations at any time.

21. GOVERNING LAW & JURISDICTION

These Terms are governed by the laws of Queensland, Australia, and you submit to the exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia (Brisbane Registry) for disputes arising in connection with the Services.

22. HEADINGS

Headings are for convenience only and do not affect interpretation.

23. CHANGES TO THESE TERMS

We may update these Terms by posting a new version on the website. Material changes will be notified in accordance with applicable law. Your continued use of the Services after changes take effect constitutes acceptance.

24. CONTACT INFORMATION

Questions about these Terms can be sent to sales@mnmdesigns.com.au.

Business Details
Trading Name: MNM Design
Email: sales@mnmdesigns.com.au
Address: 39 Crinum Crescent, Emerald QLD 4720, Australia