Terms and Conditions

OVERVIEW

These Terms of Use/Terms and Conditions (“Terms”) govern your use of our website located at www.mojoco.com.au (“Site”) and form a binding contractual agreement between you, the user of the Site and us, Mojoco Group Pty Ltd (“Mojoco”). Throughout the Site, the terms “we”, “us” and our” refer to Mojoco.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us via email, post or telephone on the following details:

Email: customerservice@mojoco.com.au

Post: Suite 163/30, 514 Christine Avenue, Robina Qld 4226

Telephone: (07) 5533 8355

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

1.LICENCE TO USE SITE

1.1.We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.

1.2.Subject to clause 1.3, you may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

1.3. You may not use the Site, or the material contained on it for any purpose contained in clause 1.3(a) to 1.3(e) inclusive:

a) Reproduce the material in any material form;

b) Distribute the material in any material form;

c) Retransmit the material by any medium of communication;

d) Upload and/or repost the material to any other site on the World Wide Web;

e) “Frame” the material on the Site with other material on any other Word Wide Website.

1.4. You must not add any content to the Site:

a) unless you hold all necessary rights, licences and consents to do so;

b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

d) that would bring us, or the Site, into disrepute; or

e) that infringes the intellectual property or other rights of any

1.5. You may not modify or copy:

a) The layout of the Site; or

b) Any computer software and code contained on the Site

1.6. The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

1.7. You acknowledge and agree that Mojoco is not liable for any harm or damages related to the purchase of use of goods, services, resources, content or any other transactions made in connection with any third party websites.

1.8. You acknowledge and agree that:

a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and

b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

2.INTELLECTUAL PROPERTY RIGHTS

2.1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

2.2. By posting or adding any content onto the Site, you grant us a perpetual, non- exclusive, royalty free, irrevocable, worldwide and transferable right and licence to   use that content in any way (including, without limitation, by reproducing, changing,       and communicating the content to the public) and permit us to authorise any other person to do the same thing.

2.3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

2.4. The licence in clause 2.3 will survive any termination of these

2.5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.

3.REMOVAL OF INFORMATION

3.1. In relation to any material and/or information included on the Site, Mojoco may remove any material and/or information, including but not limited to links to other sites on the World Wide Web, at any time without giving any explanation or justification for removing the material and/or information.

4.USE OF INFORMATION GATHERED

4.1. Mojoco and/or people authorised by it may gather and process the information:

a) which you may provide when accessing the Site, such as your name, address, e-mail address and other personal information about you; and

b) regarding the way in which you use the Site including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Site and third party tools.

4.2. Mojoco may authorise others to offer you goods and services using the information acquired through clause1.

4.3. You acknowledge and agree that Mojoco provides access to third party tools “as is” without any warranties, representations or conditions of any kind and without any endorsement. You accept and acknowledge that Mojoco has no liability arising from or relating to your use of optional third party tools or accessing third party websites.

5.WARRANTIES

5.1. You represent and warrant to us that:

a) you have the legal capacity and are at least 18 years of age

to enter into these Terms and Conditions;

b) you have read and understood the Terms of Conditions and agree to be bound by them;

c) you have read and accept Mojoco’s Privacy Policy which can be found below;

d) You will not post, transmit or communicate on Mojoco’s Site any content (or links thereto) that:

promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  1. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Mojoco’s Site;
  2. Is inaccurate, obscene, offensive, sexually oriented, profane or otherwise objectionable;
  3. contains others copyrighted content e.g. photographs, images, music, movies, videos, without obtaining the appropriate permission first;
  4. intend to defraud or deceive other users of the services and/or products provided by Mojoco;
  5. contains viruses, disruptive codes, components, Trojan horses, worms or any other harmful components or devices;
  6. promotes involvement in support of a political platform, religion or cult; and/or
  7. promotes or advertises escort services or prostitution;

e) you have complied with clause 4;

f) you acknowledge and agree that all content on this Site, including images, text, site design, logos, and graphics as well as the selection, design and layout of mojoco.com.au are the property of Mojoco and you shall not violate any copyright or trademark that Mojoco holds.

g) you acknowledge and agree that Mojoco reserves the right to update, change or replace any part of these Terms of Service and it is your responsibility to check this page periodically for changes. You agree and accept that continued use of or access to the website following the posting of any changes constitutes acceptance of those changes

h) you will only use products sold by Mojoco in accordance with instructions of use.

6.PRODUCTS

Description

6.1. By clicking on “Submit Order” on completion of checkout, you are agreeing to purchase the items described on our Site and accept Mojoco’s Terms and Conditions.

6.2. Mojoco warrants that they have made every effort to display, as accurately as possible, the description of the products on the Site include the colours and images. Mojoco does not guarantee that your computer monitor’s display of any colour will be accurate

6.3. All descriptions of products or product pricing on the Site are subject to change at any time without any notice, at Mojoco’s sole discretion. If Mojoco discovers an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling

6.4. Mojoco reserves the right to discontinue any product at any time.

Price & Ordering

6.5. By clicking on “Submit Order” on completion of checkout, you agree to pay Mojoco the fee specified in the total amount owing on the Site. This process binds you to a contractual agreement with Mojoco whereby payment will be made by the selected method in the Payment Information stage of the checkout process.

6.6. If for whatever reason any goods ordered are not available, you will be contacted by a Mojoco representative within 2 business days of purchase. A customer will be offered a choice of a complete refund of the purchase costs or alternative arrangements such as partial refund or exchange. Our representative will work together with you to achieve the best outcome possible.

6.7. Mojoco reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6.8. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Acceptance of Goods

6.9. On receiving the order the customer is responsible for inspecting the goods for fault or damage.

6.10. Should the items ordered not be of acceptable quality, it is the customer’s responsibility to notify MOJOCO, as soon as possible. Please see Returns & Exchanges Policy for more information.

7.RETURNS

7.1. In accordance with the Competition and Consumer Act 2010 (Cth) Mojoco is under no obligation to offer refunds if you change your mind on a purchase. However, Mojoco shall in its sole discretion, offer a full refund for returns up to 30 days from the date of your purchase, subject to the product being unused and in the same condition that you received it.  The product must be in its original packaging.

7.2. Mojoco will not refund any products purchased over 30 days from the date of purchase.

7.3. Due to the intimate nature of many of our products health and safety regulations exempt their return. This includes:

a) Adult Toys

8. WARRANTY

8.1. Mojoco warrants that, for a period of 12 months commencing on the date of delivery of the adult toys to the Buyer, it will replace any defective adult toys, or part of any adult toys, without charge. This excludes Goods or part of any Goods that have become defective by accident, alteration, abuse, misuse or wear through normal usage.

8.2. All transportation charges incurred returning defective Goods to Mojoco will be paid by Mojoco.

8.3. The warranty referred to in paragraph 8.1 and 8.2 is subject to the following conditions:-

a) The product must be returned to Mojoco with proof of purchase.

b) The product must not have had its serial number removed, defaced or changed, its casing open, its power cord altered, nor have been tampered with in any                               other way.

c) Failure of the product must not be due to misuse, improper installation, connection to the wrong voltage or other abuse or misuse.

d) Mojoco will not be responsible for damage or loss caused during shipping.

e) Apart from any consumer guarantees under the Australian Consumer Law or Queensland legislation, all other warranties express or implied and whether arising by virtue of statute or otherwise are hereby excluded.

9.ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

9.1. We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site 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 site is at your own risk

9.2. This Site 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 site.

9.3. You agree that it is your responsibility to monitor changes to our site.

10.MODIFICATIONS TO THE SERVICE AND PRICES

10.1. Prices for our products are subject to change without notice.

10.2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

10.3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

11.USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

11.1. 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.

11.2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

11.3. 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 libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

11.4. 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.

12.ERRORS, INACCURACIES AND OMISSIONS

12.1. Occasionally there may be information on our Site or in the Service 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

12.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

13.PRODUCTS OR SERVICES

13.1. 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 Policy.

13.2. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

13.3. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

14.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

14.1. Mojoco is making the Site available for others to publish information without assuming a duty of care to users. Mojoco is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Site and/or linked sites on the World Wide Web:

a) To the full extent permitted by law Mojoco disclaims any and all warranties, express or implied, regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Site and/or of any linked sites; and

b) Mojoco will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

c) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and

d) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Site and/or any linked

14.2. Mojoco does not warrant guarantee or make any representation that:

a) the Site, or the server that makes the site available on the WWW are free of software viruses;

b) the functions contained in any software contained on the Site will operate uninterrupted or are error-free; and

c) errors and defects in the Site will be corrected

14.3.Mojoco is not liable to you for:

a) errors or omissions in the Site, or linked sites on the World Wide Webb;

b) delays to, interruptions of or cessation of the services provided in the Site, or linked sites; and

c) defamatory, offensive or illegal conduct of any user of the Site, whether caused through negligence of Mojoco, its employees or independent contractors, or through any other cause.

14.4. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Site.

14.5. Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to:

a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or

b) design, assembly, installation, materials, workmanship or otherwise, are expressly excluded.

14.6. Mojoco is not liable for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of:

a) the supply, layout, assembly, installation or operation of the Goods; or

b) the Mojoco’s negligence or other act or omission.

15.EXCLUSION OF NEGLIGENCE

15.1. Mojoco is not liable to the Buyer in contract or in tort arising out of, or in connection with, or relating to:

a) the performance of the Goods or any breach of these conditions;

b) any fact, matter or thing relating to the Goods; or

c) any error (whether negligent or in breach of contract or not) in information supplied to the Buyer or a user before or after the date of the Buyer’s or user’s use of the Goods,

d) Clause 15.1(a) is subject to any statutory obligations (including under the Australian Consumer Law).

16.LIMITATION OF LIABILITY

16.1. Subject to clause 16.2 and to the extent permitted by the Australian Consumer Law and relevant state legislation, the sole obligation of Mojoco under this agreement is to use its best endeavours to provide the Goods, or to repair the Goods, or repair or replace (at Mojoco’s discretion) any part of the Goods which is found to be defective during the warranty period (subject to certain products up to maximum 12 months from the date of purchase). Mojoco will not be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the Goods, and any indirect, special or consequential damages or injury to any person, corporation or other entity.

16.2. If any Goods supplied under this agreement are supplied to the customer as a “consumer” of goods or services within the meaning of that term in the Australian Consumer Law (as amended) or relevant state legislation, the consumer will have the benefit of certain non-excludable rights and remedies in respect of the goods or services. Nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. If the product is a product not ordinarily acquired for personal, domestic or household use or consumption, under section 64A of the Australian Consumer Law and similar provisions of relevant state legislation, Mojoco limits its liability to payment of an amount equal to the lowest of:

a) the cost of replacing the goods or supplying equivalent goods;

b) the cost of repair of the goods;

c) the cost of having the goods repaired or replaced.

16.3. Subject to paragraph 16.2, Mojoco is not liable for default or failure in performance of its obligations pursuant to this agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of the Seller.

17.TERMINATION

17.1. These Terms terminate automatically if, for any reason, we cease to operate the Site.

17.2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

18.GENERAL

18.1. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

18.2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

18.3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

18.4. This Agreement is governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.

18.5. This agreement and any documents referred to in this agreement contain the whole of the agreement between the parties and no understanding, arrangement or provision not expressly set forth in this agreement is binding upon the parties.

19.PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy listed below.

20.ENTIRE AGREEMENT

20.1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

20.2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding 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 the Terms of Service).

20.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

21.CHANGES TO TERMS OF SERVICE

21.1. You can review the most current version of the Terms of Service at any time at this page.

21.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Please contact Customer Service for any queries or clarifications to these Terms and Conditions on customerservice@mojoco.com.au or 07 5533 8355.