Welcome to yummybrcakeax. These Terms of Use govern your use of our website and the purchase of products and services offered by yummybrcakeax. By accessing our website or placing an order, you agree to these terms in full. If you disagree with any part of these terms, please do not use our website or services.
Throughout these Terms of Use, the following terms shall have the meanings assigned to them below:
We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. This license does not include:
When using our website, you agree to:
All content on our website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of yummybrcakeax or its content suppliers and is protected by Australian and international copyright laws. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this website or any portion of it without our express written permission.
We strive to display our products and their features accurately on our website. However, the actual appearance of plants may vary depending on your monitor's display settings and natural variations in plant specimens. We do not guarantee that product descriptions or other content on the website are accurate, complete, reliable, current, or error-free.
All prices are in Australian Dollars (AUD) and include GST unless otherwise stated. We reserve the right to change prices and availability at any time without notice. We do not guarantee that all products shown on our website will be available. In the event a product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders.
Your order constitutes an offer to purchase our products. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or problems identified by our fraud detection systems. If we cancel all or part of your order, we will attempt to notify you using the contact information provided at the time of order placement.
We accept various payment methods as indicated during the checkout process. By providing your payment information, you represent and warrant that you have the legal right to use the payment method and that the information you supply is true, correct, and complete. We reserve the right to verify your payment information before accepting or fulfilling your order.
We ship products throughout Australia using reputable carriers. Delivery timeframes are estimates only and may vary depending on your location and other factors. We are not liable for any delays in delivery caused by circumstances beyond our reasonable control. Risk of loss and title for items purchased pass to you upon delivery of the items to the carrier.
Our Night Garden Membership is available as either a monthly or annual subscription. By signing up for a membership, you agree to the recurring payment terms specified during enrollment. Monthly memberships will automatically renew each month until cancelled. Annual memberships will automatically renew each year until cancelled.
You may cancel your membership at any time by logging into your account or contacting our customer service. For monthly memberships, cancellations will take effect at the end of your current billing period. For annual memberships, cancellations will take effect at the end of your current annual term, unless otherwise specified in our refund policy.
We reserve the right to modify the membership benefits, pricing, or terms at any time. Any changes will be effective upon the next renewal date. We will provide advance notice of any material changes to your membership.
Our return and refund policy is detailed in our separate Return Policy. By making a purchase on our website, you agree to the terms of this policy.
To the maximum extent permitted by law, yummybrcakeax and its affiliates, officers, employees, agents, and suppliers will not be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with these Terms of Use, the use of or inability to use the website, products, or services, or any conduct or content of any third party.
Our total liability for any claim arising out of or relating to these Terms of Use, the website, or our products shall not exceed the amount paid by you for the specific product or service giving rise to such claim.
You agree to indemnify, defend, and hold harmless yummybrcakeax and its affiliates, officers, directors, employees, agents, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:
These Terms of Use shall be governed by and construed in accordance with the laws of Victoria, Australia, without giving effect to any principles of conflicts of law. Any dispute arising under or relating in any way to these Terms of Use shall be resolved exclusively in the courts of Victoria, Australia, and you hereby consent to the jurisdiction of such courts.
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that comes closest to expressing the intention of the original provision.
We reserve the right to update or modify these Terms of Use at any time without prior notice. The updated version will be effective as of the date stated at the top of this page. Your continued use of our website after any such changes constitutes your acceptance of the new Terms of Use.
If you have any questions or concerns about these Terms of Use, please contact us at:
yummybrcakeax
40 Westminster St
Oakleigh VIC 3166
Australia
Email: [email protected]
Phone: +61 395 309 889