Welcome to morspace.com.au (this “Website”). These Terms of Supply and Service (“Terms”) apply to (a) your use or access to this Website; (b) the supply of our Products ordered by you; and (c) the provision of our services to you via this Website.
This Website is operated by Morspace Australia Pty ltd (ABN 50 631 082 703) referred to as “we”, “us”, and “our” in these Terms and throughout the Website). These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please review these
Terms carefully, if you do not agree to these Terms, please do not use the
Website, place any Orders for our Products on this Website or request our
services. Your use of this Website, the placing of any Orders of our Products,
or your request of our services, constitute your acceptance to these Terms.
We offer a wide range of goods and services, and sometimes additional terms may apply. These are posted on the Website. When you purchase Products and request our services where additional terms apply, you will be subject to those terms in addition to these Terms and Conditions, as applicable.
Any new features or tools which are added to the current Website will also be subject to these Terms. You can review the most current version of these Terms at any time on this page.
We reserve the right to update, change or replace any part of these Terms 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.
If you have any questions about these Terms, please email us at email@example.com.
1.1 In these Terms, unless the contrary intention appears:
Accepted Order means an Order accepted by us and for which a delivery confirmation notice is provided to you for such Order.
ACL means the Australian Consumer Law being Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales, Australia or, for deliveries of Products, at the place of delivery.
Contract means a contract of sale referred to in clause 2.4.
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Order means an order for the Products placed by you.
Price means the price of the Products inclusive of GST listed on the Website.
Product means the goods listed on the Website, or the goods purchased or to be purchased by you which are the subject of a Contract.
Return and Refund Policy means the return and refund policy for the Products purchased from us, as amended from time to time, and available at https://morspace.com.au/return-and-refund-policy/, which forms part of these Terms.
2. PLACING YOUR ORDER
2.1 You may place an Order for our Products by completing and submitting to us an online order and completing the checkout procedures on the Website. You must not order Products from us if you are under eighteen (18) years of age or the legal age of majority in your jurisdiction. We may, at our discretion, treat any order by a minor person or a person under eighteen (18) years old as void.
2.2 All Orders are subject to our acceptance at our discretion. This Website and the information on it constitute an invitation to treat and not an offer by us to supply any Products. Your Order represents an offer from you to purchase the Product in accordance with these Terms and Conditions. Orders placed on a weekend or public holiday will not be processed until the next Business Day.
2.3 We will acknowledge your Order by providing you with an order confirmation number via email once your payment for the Products in your Order has been validated. We accept your Order by providing you with a delivery confirmation notice for your Order. Our acceptance of a particular Order will not imply that we will accept any of your future Orders.
2.4 Once your Order is accepted by us, a binding contract will come into existence between you and us in relation to the ordered Products. The Contract will comprise the Accepted Order and these Terms. If there are any inconsistencies between these Terms and another provision in the Contract, the provision in these Terms will prevail to the extent of inconsistency. No other terms or conditions (including any terms or conditions printed on or referred to in your Order) will be binding on us unless we agree in writing.
3. ORDER ACCEPTANCE AND CANCELLATION
3.1 You may cancel an Order any time prior to the time we send out the delivery confirmation notice to you. You may not cancel any Accepted Orders unless we agree to your cancellation, in which case you may be required to pay a cancellation fee.
3.2 You agree that we may not accept your Order, or cancel any Accepted Orders due to any of the following:
a) the Products you order are not, or no longer available;
b) we are not able to receive payment for the Products, or any payment was subsequently revoked; or
c) where a Product has been listed or advertised with an incorrect price or inaccurate information by mistake,
in which case, you acknowledge and agree that we are under no obligation to sell you any Products. If you have made a payment and submitted your Order which is cancelled or rejected by us, or if we cancel your Accepted Order, we will provide you with a full refund for the amount you have paid and received by us for that Order or Accepted Order.
4. PRICE AND PAYMENT
4.1 The Price of Products is shown on the Website in Australia dollars (AUD) on the date your Order is received by us and include GST where applicable. Prices for our Products as advertised on the Website are subject to change without notice, but will not apply retrospectively to Orders for which we have provided you with an order confirmation number.
4.2 All payments must be received in full prior to dispatch. Payment option for Products you wish to purchase will be at the point of purchase, which are subject to changes without notice. If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold the Product against your Order. In such, instances we do not guarantee that the Product will be available should you try to order again.
4.3 All credit card information is always encrypted during transfer over networks. However, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your, credit or debit card or payment account (such as Paypal, Zip Pay or AfterPay) is fraudulently used or used in an unauthorised manner by a third party.
4.4 Unless expressly stated to the contrary, all payments must be made in the currency specified in the Price on the Website for your transaction. Where conversion from foreign currency is required, such currency conversion will be performed by PayPal, Zip Pay or AfterPay or the credit or debit card company and may be subject to a fee charged by them.
4.5 Your tax invoice will be sent to you when the Products are delivered. Please keep your tax invoice safely as it is your proof of purchase.
5. SHIPPING, DELIVERY AND INSURANCE
5.1 When an Order is accepted, it will be delivered to the address designated by you as long as that delivery address is compliant with the delivery restrictions contained on this Website. Upon your order being ready for delivery, we will send you a delivery confirmation notice with a tracking number.
5.2 There will be no delivery charges for standard shipping within Australia of all Accepted Orders. Where any other delivery option is requested (for example, by express post or courier), delivery charges may apply to Accepted Orders. You will continue to be liable for any insurance, tax, tariff or duty (where applicable).
5.3 We will deliver the Products once full payment of the Price and all applicable charges (including charges for insurance or any other tax, tariff or duty) have been received. Any timeframes quoted by us for delivery of the Products are estimates only and will not be of the essence of the Contract; or otherwise confer any right of cancellation of an Order on you. We will not be liable for any loss or damages (directly or indirectly) sustained by you as a result of our failure to deliver by a particular delivery date.
5.4 In purchasing Product or Products you agree to accept delivery of the Product/s. If you are not able to accept delivery you must advise us before a delivery is attempted. Any and all failed delivery attempts made by a courier will be charged to the purchaser at full price. We will make reasonable attempts to contact you before delivery to ensure you are able to accept the Product.
5.5 We deliver Products within Australia only. If you provide specific delivery instructions to us, Australia Post or our courier (for example, for your Product to be to be left at your nominated address without acknowledgment of receipt), we will not be liable or responsible for any loss or damage to your Products once the delivery is made in accordance with your instructions.
5.6 Unless otherwise agreed, the Products are not insured by us and you will bear any risk of loss or damage to the Products when delivered to you.
6. Intellectual Property
6.1 All intellectual property rights in and to this Website, all information, contents and photographs published on this Website, and all trade marks used in this Website, whether in relation to our Products or otherwise, belongs or is otherwise licensed to us. You acquire no right, title or interest in or to our intellectual property by virtue of these Terms. Nothing on the Website should be construed as granting any licence to use any intellectual property right, including any trade marks, without our permission.
6.2 In particular, you must not use any trade marks appearing on or in relation to the Products, our photographs of the Products, or any information or contents published on this Website in relation to the Products:
a) to promote or market the Products in any way;
b) in connection with goods or services that do not belong to us;
c) in a manner that may be confusing, misleading or deceptive; or
d) in a manner that disparages us, our Products, services or this Website.
7. Your Account and Privacy
7.1 You may create a customer account with us by completing and submitting to us a completed online form on the Website.
7.2 By registering a customer account with us, or otherwise submitting an Order for our Products, we may require you to provide your personal information, including details such as your name, your email address, phone number, billing and delivery address. You warrant that all information submitted to us is true, accurate and up-to-date.
7.4 If you register a customer account with us, we will require you to create a password for your customer account. You must ensure that your username and password are kept secure and confidential. You must not allow your username or password to be used by any third party, or otherwise permit any third party to access your account at any time. You will be solely responsible for any misuse or abuse of your username, password or person details for anything that results from the use of your customer account (including any Orders placed under the account). You agree to indemnify us against any loss or claims arising from the unauthorised use of your username and password.
7.5 You will immediately notify us through our website’s “Contact Us” section of any suspected or actual unauthorised use of your account, disclosure of your username and password or any other security breaches.
7.6 Your account registrations are subject to our acceptance. We reserve the right to deny, restrict, suspend or close any customer accounts at our discretion.
7.9 You understand that your information (but not including credit card information, Paypal information, Zip Pay information and AfterPay 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.
8. OUR WEBSITE AND YOUR USE
8.1 We have used commercially reasonable efforts to provide you with access to this Website via the internet. However, we do not guarantee, represent or warrant that your use of this Website will be uninterrupted, timely, secure or error-free. You acknowledge and agree that access to and use of this Website may be temporarily suspended for scheduled or urgent server maintenance work or for other reasons beyond our reasonable control. To the extent permitted by law including the ACL, we reserve the right to refuse to provide access of this Website to anyone for any reason at any time.
8.2 Subject to clause Error! Reference source not found.9 and to the extent permitted by law and, except as provided by these Terms, we will not be liable for any losses (including through negligence), damage (directly or indirectly), costs or expenses suffered by you or claims made against you in connection with:
a) your reliance on any information, contents or photographs on this Website, including any errors, omissions, inaccuracies in the information, content and photographs of this Website; and
b) your use or not able to use the Website or any defects in the Website
8.3 To the extent permitted by law, where you believe a Product you have purchased from this Website does not meet your expectations or the description of the Website, your sole remedy is to exercise your rights under clauses 9 and 10.
8.4 You acknowledge and agree that this Website has been provided to you for personal use. You agree at all times to access and use the Website in accordance with these Terms and all applicable laws. You must not:
a) use this website or its contents for any unlawful purposes or to solicit others to perform or participate in any unlawful acts, including violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; infringing upon or violating our intellectual property rights or the intellectual property rights of others; or to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
b) copy, collect, use, duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rent, lease, loan, trade, rebrand, or otherwise transfer any content, information and photographs found on this Website except expressly authorised by us;
c) utilise any content you view on or obtain from this Website to provide any commercial service including any service that is competitive with us;
d) remove, tamper with, seek to override, circumvent or otherwise interfere with any security or technological protection measure forming part of this Website;
e) remove, obliterate, or obscure from view any copyright, trade mark or confidentiality notice or legend appearing on or within this Website;
f) create a deep-link to this Website for any purpose unless expressly authorised in writing by us;
g) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in this Website, and must not use such processes to download or access our contact or personal information or any other user of this website;
h) transmit any worms or viruses or any code of a destructive or malicious nature to this Website;
i) engage in “framing,” “mirroring” or otherwise simulating the appearance or the function of this website, unless expressly authorised in writing by us;
j) attempt to or actually access this Website by any means other than through the interfaces provided by this Website; k) submit false or misleading information;
l) remove, cover or otherwise obscure any form of advertisement included on this Website; or
m) interfere with or disrupt the availability of this Website, including but not limited to any servers or networks connected with this Website.
9. Consumer Guarantees
9.1 Nothing in these Terms excludes, restricts or modifies the application of any legislation which by law of any jurisdiction cannot be excluded, restricted or modified. In particular, without limiting the foregoing, where you are considered a “consumer” within the meaning of the ACL, we give the guarantees to the extent required by the ACL (Consumer Guarantees) with respect to our Products and services.
9.2 If you are not a “consumer” under the ACL, to the extent permitted by law, the rights under clause 10 (if any) are your sole remedies with respect to such subject matter.
9.3 Subject to this clause 9, and to the extent permitted by law, all representations, warranties, guarantees, terms and conditions which would otherwise be implied in or imposed on these Terms in connection with any goods or services supplied by us or otherwise relating to the performance of our obligations under these Terms are excluded. Subject to this clause 9, and to the extent permitted by law, all Products and services delivered to you 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.
10. Returns and Refunds
10.1 We offer refund or exchange for certain Products in accordance with our Return and Refund Policy, available at https://morspace.com.au/return-and-refund-policy/, which forms part of these Terms.
11. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
11.1 We have made reasonable endeavours to ensure that the information and content provided on this Website are accurate and current at the date of publication, However, you acknowledge and agree that we are not responsible if information made available on this Website is not accurate, complete or current.
11.2 The material on this Website 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 Website is at your own risk.
11.3 This Website 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 Website. You agree that it is your responsibility to monitor changes to our Website.
11.4 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 and Refund Policy.
11.5 We have made every effort to display as accurately as possible the colours and images of our Products. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
11.6 Occasionally there may be information on our Website 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 Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order, other than subject to clause 3.2 with respect to Accepted Orders).
12. OPTIONAL TOOLS
12.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
12.2 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.
12.3 Any use by you of optional tools offered through this Website 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).
13. THIRD-PARTY LINKS
13.1 Certain content, products and services available via our Website may include materials from third-parties.
13.2 Third-party links on this Website 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.
13.3 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.
14. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
14.1 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.
14.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
14.3 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 this Website 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.
15. LIMITATION OF LIABILITY
15.1 You expressly agree that your use of, or inability to use, this Website is at your sole risk.
15.2 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach (including for any Consumer Guarantees), at our option, to the repair or replacement of Products, or payment of the cost of repairing or replacing the Products, or a refund of the Price paid for the Products.
15.3 We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Products or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
15.4 To the extent permitted by law, our total liability arising out of or in connection with the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total Price paid by you for the purchase of Products under these Terms.
15.5 In no case shall we, 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.
15.6 You agree to indemnify, defend and hold harmless we and our parent, company subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
16.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
16.2 These Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us, or otherwise cease using our Website.
16.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, 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 Website (or any part of our services).
17.1 In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
17.2 The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
17.3 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17.4 These Terms and any policies or operating rules posted by us on this Website or in respect to the Products constitutes the entire agreement and understanding between you and us governing the subject matter, and supersede 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 these Terms).
17.5 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
17.6 Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
17.7 If a dispute arises under these Terms, neither of you and us may bring court action against the other (other than proceedings seeking urgent interlocutory relief) without first attempting to resolve the dispute by negotiation for a period of at least 14 days.
These Terms and any Contracts shall be governed by and construed in accordance with the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.