Terms & Conditions

Last revised on 31 March 2015

These terms and conditions (“Terms”) govern your use of this website located at www.mothersofboys.com.au (Website). Throughout these Terms, when we reference ‘we’, ‘our’, ‘us’, ‘Mothers of Boys’ or “MOB” we mean Mother of Boys Ltd, ACN 163 939 295, as Trustee for the Mothers of Boys Fund.

ACCEPTANCE
Please read these Terms carefully before using this Website. By using this Website, you agree to:

  • these Terms, including our disclaimers;
  • our Privacy Policy;
  • Refund Policy;
  • Complaint Resolution; and
  • be bound by these Terms.

You accept our Terms, Policies and Disclaimers when you use our Website and buy or use or attend our merchandise, services and events so please read them carefully.  You must use our website in accordance with these Terms, only for lawful purposes and only in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use of our website.  If you do not wish to be bound by these Terms you should not use this Website and you should close this Website immediately.

REVISIONS

We may revise these Terms from time to time. Revised Terms are effective immediately upon being posted onto this Website. Your continued use of this Website will mark your acceptance of any such revised Terms.

USE OF CONTENT

Unless otherwise indicated by us, we own all intellectual property rights including copyright in all text, logos, photographs, pictures, graphics, images, artwork, trademarks, computer code and other materials posted on this Website (Content) and the arrangement of this Content.

Occasionally, we may publish Content in which the copyright is not owned by us. When this is done, we will make every effort to acknowledge the copyright owner.

The Content may only be used by you for personal and non-commercial purposes. You agree not to:

  • copy, alter,  remove or object to any copyright, trademark or other proprietary notice of ours or of any other company appearing on this Website;
  • copy, republish, reproduce, transmit, distribute or sell the Content or upload, post or display the Content on any other website or medium for publication or distribution or for any commercial enterprise;
  • modify or edit the Content in any way; or
  • to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Website.

You acknowledge and agree that your use of our website is provided “as is” and “as available”.  We do not represent or warrant that the operation of our website will be secure, confidential, uninterrupted, error-free, accurate, complete or current.

We update and carry out maintenance on our website regularly, so we may have to suspend access, service or functionality on our website from time to time, without notice.  We will not be liable if, for any reason, our website is not available at any time or for any period of time

Our approval of any fundraising activity does not constitute permission to reproduce or modify any of the Content on this Website and all requests for such permission must be approved by us in writing.

The Content on this Website is for general information purposes only. We make no warranties or representations about the accuracy, reliability, currency or continuous supply of any of the Content on this Website. As a user of this Website, you are required to make your own enquiries before entering into any transaction on the basis of, or in reliance upon, the Content.

In the event that you find any inaccurate information on this Website or have any complaint about what we have published please email info@nullmothersofboys.com.au.  We will investigate the matter on receipt of your email and will take such further action as we consider appropriate.

YOUR CONDUCT
You must use this Website for lawful purposes only. You must not transmit via this Website any material which:

  • is illegal, threatening, abusive, hateful, defamatory, vulgar, profane, inappropriate, libellous, harmful, violent, obscene, pornographic, actionable or legally objectionable;
  • is invasive of privacy rights;
  • violates or infringes in any way upon the rights of others;
  • breaches intellectual property rights, including Mother of Boys or another’s patents, trademarks, logos, trade secrets, moral rights, copyright or publicity;
  • is unsolicited promotional material, junk mail, spam, chain letters, pyramid schemes, or political campaigning material; and
  • is content with software viruses or computer codes, files or programs designed to interrupt, destroy, limit, compromise, delay or divert the functionality of Information and Communications Technology (ICT) software or hardware.

You also cannot:

  • copy, upload, store or host material with, or linked to, malicious computer software such as spyware, computer viruses, Trojan horses, worms, keystroke loggers or rootkits;
  • threaten, destabilise, disrupt or sabotage our Website functionality or not follow its requirements, procedures and policies or those of the networks it’s connected to; or
  • do any systematic or automated data collection and storing like data mining, extraction, harvesting and hosting without our written consent.

You agree that:

  • you own or control the rights to any content you post on our Website;
  • the content is accurate; and
  • the content doesn’t breach our Terms.

If you post anything on any public areas of our Website, that gives us a non-exclusive, royalty free, perpetual, irrevocable right and license and consent to use, reproduce, adapt, publish, translate, distribute, display and remove that content.

We may not regularly review posted content. We reserve the right to monitor our Website, including any forum, but you agree that we are not obliged to do this.

USING EMAIL

In supplying our email addresses on our Website we do not consent to you sending unsolicited emails to us.

You also cannot:

  • use a false email address, impersonate any person or entity on our Website, or otherwise mislead others as to the origin of our Website content;
  • falsely state or misrepresent an affiliation with us or another;
  • harass our directors, staff, officers, independent contractors, representatives, volunteers, affiliates, patrons, sponsors, donors, charity recipients, contributors, members, third party content providers or another user of our Website; or
  • impersonate a person or an entity, including impersonating our directors, staff, officers, independent contractors, representatives, volunteers, affiliates, patrons, sponsors, donors, charity recipients, contributors, members, third party content providers and licensors.

MOB MEMBERSHIP
To subscribe to Mother of Boys you are required to register as a MOB member.  You must be a mother with only male children.  Your subscription for membership entitles you to receive information, invitation and update notifications about our merchandise products, services, events, chapters, recipient charities, sponsors, donors and other activities and affiliations.

You may not have more than one active membership. Memberships are non-transferable. You may update, edit or terminate your membership at any time.  If you subsequently have a female child then you must terminate your membership.

The subscription process for registering your membership requires that you complete the online registration form. You agree that the membership details you provide when completing the registration form are accurate and complete. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times. Upon completion of registration you will be sent an email with a private link to your membership details.  This private link will enable you to update your details at any time to maintain the currency of your membership account.  If you lose, misplace or delete your private link you may request another link to be emailed to you.  We reserve the right to refuse registration of or cancel your membership at our sole and absolute discretion.

If you choose to use a workplace email address for your membership and to access this Site, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.

You are responsible for maintaining the confidentiality of your private link and membership information and are fully responsible for all conduct carried out under this private link and membership account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with such security measures.

We request that you promptly report to us via email to info@nullmothersofboys.com.au any unauthorised use of your private link or membership account.

MOBSHOP

Orders
Any order placed by you through this Website for a merchandise product, service or event is an offer by you to purchase the particular merchandise product, service or event for the price notified (including the delivery and other charges and taxes) at the time you place your order.

We reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any merchandise, service or event; an error in the price or the description posted on this Website; or an error in your order.

If you order merchandise products, services or events from this Website, we may require you to confirm your details and to provide further details to enable the processing of any orders that you make. You agree to provide us with current, complete and accurate details when asked to do so by this Website or one of our employees or authorised representatives.

We will email you an order confirmation for the sole purpose of confirming the details of your offer. Please note that our order confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

Orders will not be accepted and merchandise, services and events will not be despatched, delivered or entry granted until payment in full has been received and we are satisfied with the integrity of the order and the validity of payment. We will send you a payment and delivery confirmation at that time.

Price
Prices of merchandise products, services, events and delivery and other charges displayed on this Website are current at the time of issue but are subject to change without notice. You should check the price at the time of placing an order for it.

Prices of merchandise products, services and events displayed on this Website are Goods and Services Tax (GST) exclusive unless otherwise indicated.  Mothers of Boys Ltd is a registered charity with Deductible Gift Recipient (DGR) status and is currently not registered with GST status to collect or claim GST.  This may change in the future and at that time GST will be indicated at the point of purchase and charged at the legislated rate.

Event Terms

If you purchase ticket/s for an event then you will need to comply with the terms and conditions listed on the event notification, ticket purchasing site and printed on the ticket for that specific event. The terms and conditions may vary for each event so please read them carefully.

Shipping and Handling

Merchandise is shipped in person at Mother of Boys events or via our postal / courier service as purchased by you as part of the order.  Delivery times and conditions apply as per the policy of the applicable postal / courier service provider.  Shipping confirmation for the order will be sent to you via email and tracking of the order with the postal / courier service provider is your responsibility.  Orders for collection at events and not collected and online orders received without payment for shipping will not be shipped to you until full payment is received for postal / courier service.

Product Risk and Title

We will retain title to the merchandise products you order until payment in full is processed and the merchandise products despatched to you but all risk associated with the merchandise products will pass to you upon delivery despatch to you.

Product Warranty, Refund & Exchange Policy

Merchandise Product Warranty conditions apply as per the policy of the applicable manufacturer / supplier.  Mothers of Boys Ltd is not the manufacturer and is not responsible for any product defect, failure or consequence of use.  Faulty products will be replaced or refunded upon inspection and approval by the manufacturer / supplier as per the manufacturer / supplier policy.

All product complaints will be directed to the manufacturer / supplier.  Please send an email to info@nullmothersofboys.com.au with your name, order number, contact details and a detailed description of the problem with photo images if possible. We will evaluate your request as soon as practicable and respond with instructions for return to the manufacturer / supplier if applicable.

If you receive the wrong merchandise products we will process an exchange for the correct ordered item(s), subject to availability, or arrange a refund. Please send an email to info@nullmothersofboys.com.au with your name, order number, contact details and a detailed description of the order error. We will evaluate your request as soon as practicable and respond with instructions for return to Mothers of Boys if applicable.

All merchandise must be returned in the condition in which it was shipped. Replacement merchandise products will be shipped only after Mother of Boys has received the original merchandise and is satisfied with the condition of the merchandise products.

We are unable to accept returns or exchange merchandise products because of dislike, change of mind, order of incorrect size, not suiting your needs or over-ordering.

All enquiries concerning merchandise orders must be made within 7 days of receipt of order.  Please contact us via email at info@nullmothersofboys.com.au with any questions.

THIRD PARTY SITES

We may link this Website to other websites which are not under the control of, or maintained by, us. We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we are not responsible for the content of such websites. We do not endorse or recommend any products, materials or services displayed or offered on any websites which may be linked to this Website.

LINKS FROM EXTERNAL SITES

We may grant you permission to create a hyperlink from any other website to this Website, upon request. You must receive our permission in writing prior to posting such a hyperlink.

All hyperlinks to this Website must point to www.mothersofboys.com.au and not to any internal page and any text-only link must be identified as ‘Mothers of Boys’. Any deviation from these Terms must be approved by us in writing.

OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to specific portions or features of this Website, including contests, promotions or other similar features, all of which the terms are made a part of these Terms by this clause.

You agree to abide by such other terms and conditions, including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for, or applicable to, a specific portion of this Website or for any service or feature offered on or through this Website, the latter terms will take precedence with respect to your use of that portion of this Website or the specific service or feature.

LIABILITY
Your access to and use of this Website is provided on an “as is” and “as available” basis.

To the full extent permitted by law, we disclaim all conditions, warranties or rights of any kind in relation to merchandise products, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We are not responsible for any loss or damage caused by this Website (or a part of this Website) being suspended, terminated or your access to and use of this Website is limited, or for late delivery or cancellation of an order, except as set out expressly in these Terms.

While we exercise all due care, we cannot and do not guarantee or warrant that the Website will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. We recommend that you install up-to-date virus protection software on your computer or any device accessing our Website prior to using this Website.

We also make no warranty that the:

  • Website or merchandise products, services or events which you order through the Website will meet your requirements;
  • Website will be uninterrupted, timely, secure, or error-free; or
  • quality of any merchandise products, services, events, information, or other material purchased or obtained by you through the Website will meet your expectations.

Where any condition, warranty or right is implied by law and cannot be excluded we limit our liability for breach of, or other act contrary to, that implied condition, warranty or right, at our option, to either:

  • the re-supply of the merchandise products or services; or
  • an amount equivalent to having the merchandise products, services or events re-supplied.

Except as expressly stated in these Terms and in respect of any liability that cannot be excluded by law, we will not be liable for any loss or damages of any kind (including any direct, indirect, incidental and consequential loss or damages) arising in connection with your access to, or use of, or inability to use this Website, the Content (including linked websites) or merchandise products, services or events which you order through this Website. The foregoing applies whether such loss or damages arise under contract, in tort, in negligence, under statute or otherwise.

We are  not obliged to keep any public postings, comments or entries confidential. We are  also not liable for any such use or disclosure worldwide.

INDEMNITY

We rely on you observing these Terms at all times. You hereby indemnify and continue to indemnify us and hold us and our directors, officers, employees, representatives, independent contractors, volunteers and agents harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your access to and use of the Website. The indemnity is this clause extends to and covers your breach of these Terms.

GENERAL

These Terms between you and us will be governed by the laws of Queensland, Australia. You agree that any dispute or legal proceeding in relation to this Website shall be brought exclusively in the courts of Queensland, Australia.

Although this Website can be accessed throughout Australia and overseas, we do not represent that the content of this Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Website from outside Australia, you do this at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.

If any provision or part of a provision of these Terms is held by a court of competent jurisdiction to be contrary to law, all other provisions shall remain in full force and effect.

These Terms comprise the entire agreement between you and us in respect to your use of this Website.

Any dispute or difference arising out of these Terms of Use will be submitted to arbitration in accordance with, and subject to, the Institute of Arbitrators and Mediators Australia Fast Track Arbitration Rules.  The seat of arbitration will be Sydney, Australia.  The language of the arbitration will be English.  The number of arbitrators will be one.

Mothers of Boys Ltd as Trustee of the Mothers of Boys Fund