Ownership of Site Content -- Copyrights, Trademarks and Restrictions on Use
This site and all of the content made available on it, including all merchandise, designs, illustrations, photographs, graphics, articles, text, video and audio, all other copyrightable material, all trademarks, trade names, service marks, logos and domain names, and all other forms of intellectual property (“Content”), are owned by Materialistic or third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and international treaties. Materialistic grants to you a non-exclusive, limited purpose license to access and view this site, and to print selected pages that appear on this site for your own personal reference and non-commercial use, but not to otherwise use the Content in any manner not expressly authorized in these Terms and Conditions. Nothing contained in these Terms and Conditions may be interpreted to grant to you any other license or right to access or use any of the Content without the prior written consent of Materialistic or any third party owner of the Content. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING, OR ANY OTHER MISUSE, OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. As a user of this site, you agree not to use the Content for any unlawful purpose, and not to violate Materialistic’s rights, or any third party owner’s rights, in and to the Content.
Establishment and Use of Your Account
Upon completing the registration process and establishing an account with us, you will be responsible for maintaining the confidentiality of your account and your account password, as well as for restricting access to your computer. You agree to accept responsibility for all activity conducted through your account and with your password.
Your Representations and Warranties
By using this site, establishing your account and placing orders for merchandise featured on this site, you are representing and warranting that you are over 18 years of age, that all information that you provide to us is true, accurate and complete, and that you have the authority to provide that information and to place those orders.
Restriction of Use or Termination of Your Account
We reserve the right to restrict use of your account, to suspend or terminate your account, to refuse you service and/or to cancel orders that you submit in our sole discretion.
GST and Customs Charges
All prices are listed in Australian Dollars and include 10% Goods and Services Tax. Materialistic reserves the right to change prices at any time.
Users are responsible for all other taxes, if any, applicable to merchandise shipped to locations outside Australia. You and/or the recipient will be solely responsible for any duties or customs charges imposed on all purchases of merchandise shipped to locations outside Australia.
Shipping Policies and Procedures
Please review our shipping policies and procedures before placing orders for merchandise made available on this site. We will not be liable for any loss, damage, cost or expense related to delays in shipment or delivery of merchandise. The risk of loss of, and title to, all merchandise purchased on this site will pass to you upon our delivery of that merchandise to the carrier selected to deliver it.
Return Policies and Procedures
Please review our return policies and procedures before placing orders for merchandise made available on this site.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOU ARE USING THIS SITE AT YOUR OWN RISK, AND THAT THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. MATERIALISTIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, MERCHANDISE OR SERVICES FEATURED ON THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, MATERIALISTIC, DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS SITE, THE CONTENT, MERCHANDISE OR SERVICES FEATURED, OFFERED AND/OR SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MATERIALISTIC DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT, FEATURED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE, INDICATION OF AVAILABILITY, OR OTHER INFORMATION FEATURED ON THIS SITE.
MATERIALISTIC DOES NOT WARRANT THAT THIS SITE, THE SERVERS ON WHICH IT RESIDES OR E-MAIL SENT FROM THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MATERIALISTIC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE STATE LAWS.
Links to Other Sites
We may provide links on this site to sites operated by other parties for your interest or convenience. Because we have no control over these sites, we cannot take responsibility for their operation or for the content or merchandise featured on or made available through them. You should carefully review the terms and conditions of use and privacy policies associated with these sites before making any use of them, particularly because these sites may make use of your personally identifiable information in ways inconsistent with these Terms and Conditions.
You agree to indemnify and hold harmless Materialistic, and its directors, officers, employees, contractors and suppliers (“Indemnified Parties”), from and against any and all claims, demands, actions, proceedings and damages, including without limitation reasonable attorneys’ fees and costs, that may be incurred by any of the Indemnified Parties and that arises from or relates to your use of this site.
Governing Law and Disputes
These Terms and Conditions will be governed by and construed in accordance with the laws of News South Wales, without regard to its principles of conflicts of laws. Any dispute arising between us shall be brought before any court located within the state of New South Wales having jurisdiction over such a dispute. By using this site you irrevocably submit to the jurisdiction of the above-mentioned New South Wales courts for purposes of resolving any such dispute, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction.
Information Collection and Use
Materialistic is the sole owner of all information collected on this site. The information that you supply to us enables us to personalize your experience on this site, to better service your requests, to facilitate our communications with you, and to improve our overall customer service capabilities. The information that we collect from you is used entirely and only by us. We will not share your information with, or sell or rent your information to, any other party for any reason.
Use of Log Files
We may use IP addresses to analyze trends, administer this site, track movement and to gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Although we offer for sale on this site merchandise that may be suitable for use by children, this site does not otherwise cater to children in any way. These Terms and Conditions do not permit the use of this site by, or the sale of merchandise or services to, persons under 18 years of age, nor do these Terms and Conditions contemplate the collection of information from, or relating to, persons under 18 years of age.
All payment are processed in Australian dollars. Transactions are securely processed through PayPal™. All credit card transaction are handled by Paypal™ on their secure servers using the latest 128bit SSL encryption. PayPal™ is the world's number one online payment provider with state of the art fraud protection services. At no stage in transactions does Materialistic handle or see your credit card or banking details.
We send to all new registrants an e-mail to verify password and username information. Once you have established an account with us, you will occasionally receive information relating to our new merchandise and service offerings, activities at our stores, and other information that may be of interest to you. You will be able to opt out of this correspondence at any time.
Correction/Updating Personal Information
We will continue to make efforts to provide you with simple means by which you may correct, update or remove your personally identifiable information, such as your home address or phone number, from our database. You may do this on this site, by making corrections to the relevant data fields included in your user account, by e-mailing us at email@example.com or by notifying us by mail (view our contact information).
Changes to Site and Terms and Conditions
We reserve the right to change or modify all or any portion of this site, including any and all Content, merchandise or services featured on this site, at any time in our sole discretion. Sales prices for merchandise and services are subject to change without notice, and if merchandise or services are listed at an incorrect sales price, we reserve the right to refuse, cancel or limit any orders placed for such merchandise or services at the incorrect price.
We also reserve the right to change or modify all or any portion of these Terms and Conditions at any time in our sole discretion. At times such changes may be necessary to address the addition or discontinuance of merchandise or services offered on this site, technological changes made to this site, changes made to our business procedures or practices, or other factors. More importantly, we will not be obligated to notify you of these changes as and when they are made. Accordingly, it is important that you review these Terms and Conditions regularly. If you disagree with any change that we may make to these Terms and Conditions, your sole recourse is to discontinue your use of this site.