Terms of service

Welcome to Malory.com.au Throughout the site, the terms "we", "us" and "our" refer to Malory. Malory offers this website, including all information, tools or services available from this site to you. That is the user or the consumer, conditioned upon your acceptance of all terms, conditions, policies or notices stated here.

 

By visiting our site or purchasing products from us, you engage in our Service and agree to be bound by the following Terms and Conditions, including those additional Terms and Conditions and policies referenced in this document or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

 

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can check and review the most current edition of the Terms and Conditions whenever you want on this page. Malory reserves the right to update, change or replace any part of these Terms and Conditions by publishing updates or changes to our website. It is your responsibility to review this page regularly for changes. Your continued use of or access to the website after the release of any changes means your acceptance of those changes.

 

1.ONLINE STORE TERMS

 

Through agreeing to these Terms and Conditions, 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.

 

2.USE OF WEBSITE

 

You agree to use this website in accordance with these Terms and Conditions.

 

You agree that you will not:

 

(a) attempt to access the systems or decompile, disassemble, reverse-engineer, or tamper with the website, its content or any software used on the website;

 

(b) use the website for any fraudulent or criminal activities;

 

(c) attack web pages contained in the website by any manual or automated software, devices, or other processes;

 

(d) post on or transmit to or from the website any material that is threatening, defamatory, obscene, offensive, indecent, criminal, discriminatory, inflammatory, blasphemous, which violate confidence or privacy or a third party’s rights or may cause annoyance or inconvenience;

 

(e) transmit any virus, worms, logic bombs, Trojan horses, harmful components, corrupted data or other malicious software or harmful data onto the website;

 

(f) monitor or copy, or allow others to monitor or copy, our web pages or the content here;

 

(g) imitate the appearance or function of the website; or

 

(h) take improper action that interferes with the normal working of or places an unreasonable load on our website, including but not limited to unsolicited communications, attempts to gain unauthorized access, or activation or transmission of computer viruses.

 

We will fully cooperate with all law enforcement authorities and court orders requesting or directing us to disclose the identity of or to locate anyone posting any obscene, defamatory, or illegal material onto the website or using the website in respect of any deceptive activity.

 

If you violate any of the Terms and Conditions, we reserve the right to withdraw your access to the website.

 

Sometimes, due to system failure, maintenance or repair or other reasons beyond our control, access to our website may be suspended temporarily without notice.

 

3.SITE CONTENTS

 

Unless otherwise noted, all materials, including images, icons, designs, illustrations, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are protected by copyrights and international treaty provisions owned, controlled or licensed by Malory, or its affiliates. The Site as a whole is protected by copyrights and constitutes trade dress and all worldwide rights, titles and interests in and to which are owned by Malory. Malory.com and all other Malory trademarks appearing at this Site are trademarks of Malory.

 

The Contents of this Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents of the Site.

 

4.THIRD PARTY LINKS

 

From time to time, this website may contain links to websites that are not owned, operated or controlled by Malory or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.

 

5.USER ACCOUNT, PASSWORD AND SECURITY

 

(a) User Account

 

For certain types of features available through the website, we use encryption technologies to protect your use of the user ID and password after you create a user account. We use reliable measures to protect the privacy of your user ID, password, user account information and credit card information by utilizing a Secure Socket Layer ("SSL") connection. Therefore, your user ID, password, user account information and credit card information are encrypted by the SSL connection and will not be read in an intelligible form when you use the website. However, you are totally responsible for protecting your user ID, password, user account information and credit card information from disclosure to third parties, and you are not allowed to circumvent the use of required encryption technologies. You agree to (i) immediately notify company of any stolen use of your user ID, password or user account, or any other violation of security, and (ii) ensure that you exit from your user account at the end of each session. While we provide certain encryption technologies and use other reliable measures to protect your confidential information and provide suitable security, we do not and cannot warrant or guarantee that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or mistakes.

 

(b) Accurate Information

 

When you create and use your user account on the website, you agree to: (i) provide real, accurate and complete information about yourself on any information required for the registration of the website (this information is stored as "Registration Data"); and (ii) maintain and update timely the Registration Data to keep it real, accurate and complete.  If you provide any unreal, inaccurate or incomplete information, or if we have proper reasons to suspect that the information you provided is unreal, inaccurate or incomplete, we have the right and are able to withdraw or terminate your user account and refuse all current or future use of your user account.

 

(c) Non-Transferability of User Account

 

Your user account and user ID are non-transferable, and you are obligated to prevent unauthorized users from accessing the website with his or her user ID and password.

 

6.DISCLAIMER OF WARRANTIES

 

When you use the website, information may be transmitted in a unexpected way that is out of our control. Accordingly, we make no warranty about the possible delay, failure, interruption, or corruption of any data, the Content or any other information transmitted when you use the website. YOU CLEARLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OR CHARACTERISTICS OFFERED IN CONNECTION WITH THE WEBSITE IS OR WILL STAY ERROR-FREE OR UNINTERRUPTED, OR THAT ERRORS WILL BE CORRECTED.

 

AND WE ALSO MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE, ARE OR WILL REMAIN FREE OR RESISTANT FROM ANY WORMS, VIRUSES, TIME BOMBS, TROJAN HORSES, DROP DEAD DEVICES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU HAVE ACCESS TO OR USE THE WEBSITE AT ANY TIMES OR LOCATIONS YOU SELECT, OR THAT WE WILL HAVE ENOUGH CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO WARRANTIE OR REPRESENTATION REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING OR OPERATING THE WEBSITE.

 

7.LIMITATION OF LIABILITY

 

IN NO EVENT WILL Malory OR OUR AFFILIATES, OR ANY OF OUR SEPARATE APARTMENTS, SUCH AS OFFICERS, AGENTS, DIRECTORS OR OTHER REPRESENTATIVES, BE RESPONSIBLE AND LIABLE FOR ANY DIRECT, INDIRECT, PARTICULAR, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SUBSEQUENT DAMAGES OF ANY KIND WHICH IS DUE TO YOUR USE OF THE WEBSITE OR YOUR INABILITY TO USE THE WEBSITE OR THE CONTENT IN RELATION TO THE WEBSITE, OR FOR ANY OTHER CLAIM WHICH IS CAUSED BY YOUR USE OF THE WEBSITE OR THE CONTENT PROVIDED BY OR THROUGH THE WEBSITE. BESIDES, Malory WILL NOT BE RESPONSIBLE AND LIABLE FOR ANY NEGATIVE EFFECTS THAT ANYONE ENCOUNTERS DUE TO THE USE OF THE WEBSITE OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR PROFITS. Malory IS NOT RESPONSIBLE AND LIABLE FOR ANY PERSONAL LOSS OR DAMAGE, INCLUDING DEATH OR PROPERTY LOSS, WHICH IS CAUSED BY YOUR USE OR IMPROPER USE OF THE WEBSITE OR ANY CONTENT ON OR FROM THE WEBSITE. Malory IS NOT RESPONSIBLE AND LIABLE FOR THE FOLLOWING SITUATIONS: (A) ANY MISTAKES OR INACCURACIES IN THE CONTENT OR OMISSIONS FROM THE CONTENT; (B) ANY MISTAKES, DELAYS, INTERRUPTIONS OR TERMINATION IN THE DELIVERY COMMUNICATION, OR TRANSMISSION OF THE CONTENT; OR (C) LOSS OR DAMAGE CAUSED BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE ONLY LIMITED TO THOSE CLEARLY STATED IN THESE TERMS. TO THE LARGEST EXTENT ALLOWED BY APPLICABLE LAW, OUR ENTIRE RESPONSIBILITY AND LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE PRODUCTS PURCHASE ON THE WEBSITE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF THE RESPONSIBILITY AND LIABILITY FOR SUBSEQUENT OR INCIDENTAL DAMAGES, IN THESE STATES OR JURISDICTIONS, OUR RESPONSIBILITY AND LIABILITY WILL BE LIMITED TO THE LARGEST EXTENT ALLOWED BY APPLICABLE LAW. THE TERMS AND CONDITIONS GIVE YOU PARTICULAR LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS BECAUSE DIFFERENT STATES OR JURISDICTIONS MAY HAVE THEIR OWN DIFFERENT LAW.

 

8.PRIVACY POLICY

 

The Privacy Policy of Malory governs our use of your information and our rights in relation to your information. You acknowledge, agree to, and, consent to the rights of Malory about the collection, use, and sharing of your information illustrated in our Privacy Policy. If you sign up on our email list, you accept and agree the following situations and don’t limit our rights under this part: (a) you accept that we may contact you concerning our Site or Services or concerning the third parties we work with from time to time; and (b) you accept that we may contact you concerning the changes of our Site or Services or the Terms and any questionnaires or opinions from time to time.

 

9.INTELLECTUAL PROPERTY

 

The intellectual property rights in all software and content which are provided to you on or through this website remain the property of Malory or its licensors and are protected by the world’s copyright laws and treaties. All rights like the above are reserved by Malory or its licensors. You may save, print or display the content which is provided for your own personal use only. And you are not allowed to publish, manipulate, distribute or duplicate any content or copies of the content provided to you in any format, or which appears on this website. You also should not use any content for the purpose of any business or commercial enterprise.

 

You should not modify, translate, reverse engineer, disassemble, decompile or create derivative production based on any software or accompanying document provided by Malory or its licensors. Malory.com.au is a trademark that belongs to Malory. You are not granted any license or consent to use the mark in any way, and you also agree not to use the mark or any mark which is similar in color or pattern without the written permission of Malory.

 

10.PROHIBITED CONDUCT

 

In relation to the website, you must not:

 

(a) use the website or publish or transmit any information or materials through the website for any activities, which violate any laws or regulations, do harm to the rights of a third party, or are opposite to any related rules or standards;

 

(b) publish or transmit any information or materials through the website, which hinders any users or defames, threatens, harasses, menaces, offends or restricts any person or which hinders any user from using the website or the Internet;

 

(c) send unknown or illegal email or messages through the website;

 

(d) try to tamper with, interfere or modify the website;

 

(e) deliberately transmit any viruses or other forbidden features to the website or through the website; or

 

(f) attempt to adopt any of the above acts or associate other people to do any of the above acts.

 

11.PROMOTION CODES

 

Any promotion code we released to you is strictly nontransferable and totally personal. Every promotion code is valid for a period of time and cannot be extended. And in some cases, a particular promotion code will only be applied on specific products. These cases will be illustrated in the rules of the use of the promotion code.

 

Any promotion code cannot be not combined, transferred or sold. Malory reserves the right to refuse any order placed with replicate or deceptive promotional codes. If we find the above situations occurred and need to cancel or quit the promotion code, we will inform the users.

 

We do not accept exchanges or refunds of any promotion code.

 

Malory is not responsible for any loss, theft, damage or improper use of the promotion code after the code is transferred to the customer.

 

If the customer need to request a return and return a product purchased and paid with a promotion code, he or she will be refunded for the amount he paid actually. That is, the amount that the customer paid after using the code. Besides, if the returned product is part of a multiple order, the promotion code will be divided into corresponding numbers according to the numbers of products. And the refund will depend on the products you return. Please note that the promotion code will be invalid after the return completed and cannot be used again.

 

12.GOVERNING LAW

 

These Terms and Conditions and any individual agreements which we use to provide you Services shall be governed by and explained in accordance with the laws.

 

13.INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Malory and affiliates, partners, officers, directors, agents, licensors, contractors, subcontractors, service providers, suppliers and employees, harmless from any demand or claim, including reasonable attorneys’ fees, made by any third party caused by your violation of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

14.TERMINATION

 

Consumers yourselves or Malory may suspend, withdraw or terminate your accounts or your use of this website at any time, for any or no reason. You are personally responsible and liable for all orders that you place or charges that you cause before termination. Malory reserves the right to change, suspend, or terminate all or any part or feature of this website at any time without notice.

 

15.CONTACT

 

Any questions about the Terms and Conditions should be sent to Malory at our support email: service@malory.com.au