Terms of service
OVERVIEW
Welcome to Jane Surry Hills. These Terms of Service apply to the website and online store operated by Second Mouse Hospitality Pty Ltd (ABN 47 651 130 120) trading as Jane Surry Hills (“Jane”, “we”, “us”, “our”).
Jane operates this website and online store, including all related information, content, features, tools, products and services (the “Services”). Our store is hosted by Shopify, which provides the ecommerce platform that allows us to sell our products and services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use our Services.
Please read these Terms carefully before using our Services. By accessing or using any part of the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of the Terms, you may not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNTS
By using the Services, you confirm that you are at least 18 years old, or the age of majority in your place of residence, and that you are legally capable of entering into a binding agreement.
To access certain features of the Services or to make a purchase, you may be required to provide information including your email address, billing, payment and shipping details. You represent and warrant that all information you provide is accurate, current and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must not transfer, assign or allow others to use your account.
SECTION 2 – OUR PRODUCTS
We take care to ensure that product descriptions and images are accurate. However, colours and appearance may vary depending on your device, screen settings and lighting.
Product descriptions and availability are subject to change without notice. We reserve the right to discontinue any product or limit quantities offered, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline any order at our discretion.
An order is not accepted until payment has been successfully processed and you receive confirmation from us. Please review your order carefully before submitting, as we may be unable to accommodate changes or cancellations once an order has been accepted.
If we need to cancel or amend an order, we will attempt to notify you using the contact details provided at checkout.
All purchases are subject to our Returns & Refunds Policy.
Purchases are for personal or household use only and must not be made for resale or commercial distribution.
SECTION 4 – PRICES AND BILLING
All prices are listed in Australian dollars unless stated otherwise and are subject to change without notice.
The price charged will be the price displayed at the time the order is placed. Prices do not include shipping, handling or other applicable charges unless expressly stated.
You agree to provide accurate and complete payment and account information and authorise us to charge your chosen payment method for all amounts due.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our control.
Once an order has been dispatched, responsibility for delivery transfers to the carrier. Risk in the goods passes to you upon delivery.
SECTION 6 – AUSTRALIAN CONSUMER LAW
Nothing in these Terms of Service excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.
Our goods come with guarantees that cannot be excluded under Australian Consumer Law.
SECTION 7 – INTELLECTUAL PROPERTY
All content available through the Services, including text, images, logos, graphics, videos and designs, is owned by or licensed to Jane Surry Hills and is protected by Australian and international intellectual property laws.
You may use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify or exploit any content without our prior written consent.
SECTION 8 – OPTIONAL TOOLS
We may provide access to third-party tools that we do not control or monitor. These tools are provided “as is” and “as available”, and we are not responsible for their operation or availability.
Your use of optional third-party tools is at your own risk.
SECTION 9 – THIRD-PARTY LINKS
The Services may include links to third-party websites. We are not responsible for the content, accuracy or practices of any third-party sites.
Accessing third-party websites is at your own risk, and any dealings you have with third parties are solely between you and them.
SECTION 10 – RELATIONSHIP WITH SHOPIFY
Our store is powered by Shopify. Any sales you make through the Services are between you and Jane Surry Hills.
Shopify is not responsible for any aspect of transactions between you and us, and you release Shopify from all claims arising from purchases made through the Services.
SECTION 11 – PRIVACY
Your personal information is handled in accordance with our Privacy Policy and Shopify’s Privacy Policy.
By using the Services, you consent to the collection, use and disclosure of your personal information as described in those policies.
SECTION 12 – FEEDBACK
If you submit feedback, reviews or suggestions, you grant us a worldwide, royalty-free, perpetual licence to use that content for any purpose, including marketing and improving our Services.
You warrant that any feedback you provide is accurate and does not infringe the rights of any third party.
SECTION 13 – ERRORS AND OMISSIONS
Occasionally, information on the Services may contain errors or inaccuracies. We reserve the right to correct any errors and to update information or cancel orders where necessary.
SECTION 14 – PROHIBITED USES
You must not use the Services for any unlawful purpose or in a way that could harm Jane Surry Hills, our staff, customers or partners.
We reserve the right to suspend or terminate access to the Services where misuse is identified.
SECTION 15 – TERMINATION
We may suspend or terminate your access to the Services at any time if you breach these Terms. All obligations incurred prior to termination will survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available”, except as required under Australian Consumer Law.
We do not guarantee that the Services will be uninterrupted or error-free.
SECTION 17 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not liable for any indirect, incidental or consequential loss arising from your use of the Services or products.
This limitation does not apply where liability cannot be excluded under Australian Consumer Law.
SECTION 18 – INDEMNITY
You agree to indemnify and hold harmless Jane Surry Hills, Second Mouse Hospitality Pty Ltd and Shopify from any claims arising from your breach of these Terms or misuse of the Services.
SECTION 19 – SEVERABILITY
If any part of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue in full force.
SECTION 20 – ENTIRE AGREEMENT
These Terms, together with our policies, constitute the entire agreement between you and us regarding your use of the Services.
SECTION 21 – ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign or transfer these Terms without restriction.
SECTION 22 – GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia, and you submit to the exclusive jurisdiction of the courts of New South Wales.
SECTION 23 – CHANGES TO TERMS
We may update these Terms from time to time. Any changes will be posted on this page and take effect from the date of publication.
SECTION 24 – CONTACT INFORMATION
Second Mouse Hospitality Pty Ltd
Trading as Jane Surry Hills
47 651 130 120
478 Bourke Street, Surry Hills NSW 2010
online@janesurryhills.com