Terms of service

OVERVIEW

This website is operated by Bumpnest. Throughout the site, the terms “we,” “us,” and “our” refer to Bumpnest. Bumpnest offers this website, including all information, tools, and services available, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms of Service apply to all site users, including browsers, vendors, customers, merchants, and content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. The most current version of these Terms can be reviewed 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 updates. Your continued use of or access to the website following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that enables us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm 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 have given us your consent to allow any minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or destructive code. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card 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.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is inaccurate, incomplete, or outdated. The material is for general information purposes only and should not be relied upon as the sole basis for decision-making. Any reliance on this material is at your own risk.

This site may contain historical information, which may not be current and is provided for reference only. We reserve the right to modify the site’s content at any time but are under no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online. These may have limited quantities and are subject to return or exchange according to our Return Policy.

We have made every effort to display product colours and images as accurately as possible. However, we cannot guarantee that your device’s display of any colour will be accurate. We reserve the right to limit sales of our products to any person, region, or jurisdiction and may exercise this right on a case-by-case basis. We also reserve the right to limit product quantities, discontinue any product, and change descriptions or pricing without notice.

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

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. If we make changes to or cancel an order, we may attempt to notify you using the provided email or billing address/phone number.

You agree to provide accurate, complete, and up-to-date purchase and account information for all transactions. You agree to promptly update your account details, including your email address and credit card information, to facilitate transactions.

For more details, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have control. You acknowledge that we provide access to these tools “as is” and “as available” without any warranties or conditions. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is at your own risk and discretion.

SECTION 8 - THIRD-PARTY LINKS

Some content, products, and services available via our Service may include third-party materials or links to third-party websites. We are not responsible for examining or evaluating the content or accuracy and will not have any liability for third-party materials, websites, or transactions. Complaints or concerns regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you send creative ideas, suggestions, or other materials, whether at our request or voluntarily, you agree that we may use them without restriction. We have no obligation to maintain comments in confidence, compensate for them, or respond to them.

We may monitor, edit, or remove content we find unlawful, offensive, or in violation of these Terms. You are solely responsible for any comments you make.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

We reserve the right to correct errors, inaccuracies, or omissions and change or update information without prior notice, including after an order has been placed.

SECTION 12 - PROHIBITED USES

You are prohibited from using the site or its content for any unlawful purpose, to solicit unlawful acts, to violate laws or rights, to harass or discriminate, to spread malicious code, to collect personal data, to spam or phish, or to interfere with the security features of the Service. We reserve the right to terminate your use for violations.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from using the service will be accurate or reliable.

You acknowledge that we may, from time to time, remove the service for indefinite periods or cancel the service at any time without prior notice.

Your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered through it are provided "as is" and "as available" without any representations, warranties, or conditions of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Bumpnest, along with our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or products procured through the service. This also applies to any errors or omissions in content or any loss or damage incurred due to the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of such possibility.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such jurisdictions shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Bumpnest and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your breach of these Terms of Service, any referenced documents, or your violation of any law or third-party rights.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION

Any obligations and liabilities incurred before the termination date shall survive the termination of this agreement.

These Terms of Service remain effective unless terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.

If, in our sole judgment, you fail or we suspect that you have failed to comply with any term of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the termination date. Additionally, we may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.

These Terms of Service, along with any policies or operating rules posted on our site concerning the Service, constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

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

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE

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

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 on 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 constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@bumpnest.com.au