Terms of service

Welcome to Daddy Daycare. The terms “we”, “us” and “our” refer to Daddy Daycare. Daddy Daycare operates this store and website, including all related information, content, features, tools, products and services, to provide you with a curated shopping experience (the “Services”). Daddy Daycare is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced in them (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. They include important information about your legal rights and obligations, including matters relating to orders, delivery, intellectual property, warranties and liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy, available at:
https://daddydaycareapparel.com/policies/privacy-policy

If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or any other applicable law.

SECTION 1 - ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your place of residence, or that you have the consent of a parent or legal guardian where required by law.

To use the Services, including browsing our online store or purchasing products, you may be asked to provide information such as your email address, billing, payment and shipping information. You represent that the information you provide is accurate, current and complete and that you have the right to provide it.

You are responsible for maintaining the security of your account credentials and for activity carried out through your account. You must not transfer, sell, assign or license your account to another person without our consent.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to accurately describe and display our products. However, colours and product appearance may vary slightly depending on your device, screen settings, lighting and the nature of garment-dyed or printed products.

Product descriptions, designs, colours, availability and specifications may change from time to time. We reserve the right to discontinue products and to limit quantities where reasonably necessary.

Nothing in this section limits your rights under the Australian Consumer Law. Products supplied to Australian consumers remain subject to applicable consumer guarantees, including that goods be of acceptable quality, match their description and be fit for any disclosed purpose where those guarantees apply.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Daddy Daycare may accept or decline an order where reasonably necessary, including because of product availability, payment issues, suspected fraud, pricing or listing errors, or circumstances outside our reasonable control.

Your order is accepted when we confirm acceptance or begin processing the order. Payment must be successfully processed before an order can proceed.

Please review your order carefully before submitting it. Because many of our products are made or printed to order, we may be unable to accommodate changes or cancellations after production has commenced.

If we need to change or cancel an order, we will attempt to contact you using the details supplied at checkout.

Purchases are subject to our Refund Policy, available at:
https://daddydaycareapparel.com/policies/refund-policy

Nothing in our Refund Policy or these Terms limits rights you may have under the Australian Consumer Law.

You represent that purchases are for your own personal or household use and not for unauthorised commercial resale.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions may change without notice. The price charged will be the price displayed at the time your order is placed, subject to correction of genuine pricing or listing errors as permitted by law.

For sales to Australian consumers, displayed prices include applicable taxes such as GST where required by law. Delivery charges, international duties, customs charges or other charges that depend on the destination or customer’s choices will be disclosed where applicable before purchase or at checkout.

We may offer promotions that are subject to separate terms. If specific promotion terms conflict with these Terms, the promotion terms will apply to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information and to update that information when necessary.

You represent that you are authorised to use the payment method supplied for your purchase.

SECTION 5 - SHIPPING AND DELIVERY

Delivery timeframes are estimates only unless we expressly state otherwise. Delivery may be affected by production times, carrier delays, customs processing, weather, peak periods or other circumstances outside our reasonable control.

We will take reasonable steps to dispatch and deliver orders in accordance with the shipping information provided on our website and at checkout.

If an order is delayed, lost, damaged in transit or not delivered, please contact us so we can investigate and provide any remedy required by applicable law.

Nothing in this section excludes, restricts or modifies any right or remedy available under the Australian Consumer Law or other applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

The Services, including our trademarks, brand names, logos, designs, text, graphics, photographs, product artwork, videos, audio, website layout and other content, are owned by or licensed to Daddy Daycare and are protected by applicable Australian and international intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. Unless permitted by law or expressly authorised by us, you must not reproduce, distribute, modify, republish, commercially exploit, copy or create derivative works from our content.

Daddy Daycare names, logos, product names, designs and slogans are trademarks or other intellectual property of Daddy Daycare or its licensors. Shopify’s names and marks belong to Shopify. Other third-party names and marks belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools or services offered by third parties. We do not necessarily monitor or control those third-party tools.

Any third-party tool is provided subject to the third party’s terms and policies. To the extent permitted by law, we are not responsible for third-party tools that we do not control.

Your use of optional third-party tools is at your own discretion and risk, subject to any rights that cannot lawfully be excluded.

We may introduce new features, tools or resources in the future. Those features will form part of the Services and may be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites, content or services operated by third parties. We are not responsible for third-party content, accuracy, practices or services that we do not control.

If you choose to access a third-party site, you should review its terms, privacy policy and other applicable policies before entering into a transaction.

Questions or concerns about third-party products or services should generally be directed to the relevant third party, except where Daddy Daycare has legal responsibility under applicable law.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Daddy Daycare is powered by Shopify, which enables us to provide the Services to you. However, sales made through our store are made between you and Daddy Daycare.

Shopify provides the ecommerce platform and related technology but is not the seller of Daddy Daycare products. Nothing in this section limits any rights you may have against Daddy Daycare under applicable consumer law.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy:
https://daddydaycareapparel.com/policies/privacy-policy

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide its platform and related services.

Shopify’s privacy information is available at:
https://www.shopify.com/legal/privacy/app-users

Please review our Privacy Policy for further information about how personal information may be collected, used, disclosed, stored and otherwise handled.

SECTION 11 - FEEDBACK

If you voluntarily submit reviews, feedback, ideas, suggestions, photographs, comments or other content to us (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, publish and display that Feedback for purposes connected with operating, improving and promoting Daddy Daycare and the Services, subject to applicable law.

You represent that you have the necessary rights to provide the Feedback and that it does not infringe the rights of another person or contain unlawful, misleading, defamatory, obscene or malicious material.

Where required by law, you must disclose any incentive or compensation received in connection with a review or endorsement.

We may moderate or remove Feedback where reasonably necessary, including where it breaches these Terms or applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on the Services may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, shipping charges, transit times or availability.

We may correct genuine errors or update information where reasonably necessary, including after an order has been submitted, subject to applicable law and any rights you may have as a consumer.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use the Services to:

  • engage in unlawful, fraudulent or malicious conduct;

  • infringe our intellectual property rights or those of another person;

  • harass, threaten, abuse, defame or unlawfully discriminate against another person;

  • transmit false or misleading information;

  • send spam, malware, viruses or other harmful code;

  • impersonate another person or misrepresent your identity;

  • interfere with the operation, security or integrity of the Services;

  • collect personal information about others without lawful authority; or

  • bypass or circumvent security, access controls or other technical restrictions.

We may suspend or terminate access where we reasonably believe these Terms have been materially breached, subject to applicable law.

SECTION 14 - AUTOMATED ACCESS AND AGENTS

Automated tools, bots, agents, scrapers or similar services must not access or interact with the Services in a manner that is unlawful, deceptive, disruptive, harmful, or that circumvents reasonable technical restrictions.

Where an automated service interacts with the Services, it must not falsely represent itself as a human or attempt to defeat measures designed to protect the Services.

We may take reasonable technical steps to control or restrict automated access where necessary for security, system integrity, customer protection or lawful business purposes.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including for a material breach of these Terms, unlawful conduct, fraud, misuse of the Services or security concerns.

Termination does not affect rights or obligations that arose before termination.

Sections that are intended by their nature to survive termination, including provisions relating to intellectual property, liability, privacy and governing law, will continue to apply.

SECTION 16 - DISCLAIMER OF WARRANTIES

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.

Subject to those non-excludable rights and to the maximum extent permitted by law, we do not guarantee that the website or Services will always be uninterrupted, error-free or available at all times.

General information made available through the Services is provided for informational purposes and should not be relied on as professional advice.

SECTION 17 - LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any liability that cannot lawfully be excluded or limited, including liability arising under the Australian Consumer Law.

To the maximum extent permitted by law, Daddy Daycare will not be liable for indirect, incidental, special or consequential loss that was not reasonably foreseeable and did not arise from our breach of a non-excludable legal obligation.

Where liability may lawfully be limited, our liability will be limited only to the extent permitted by applicable law.

SECTION 18 - INDEMNIFICATION

To the extent permitted by law, you agree to be responsible for loss suffered by Daddy Daycare as a direct result of your unlawful use of the Services, your infringement of another person’s rights, or your material breach of these Terms.

This section does not require you to indemnify us for loss caused by our own negligence, breach of law or wrongdoing, and does not limit any rights you have under the Australian Consumer Law.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be severed or read down to the minimum extent necessary, and the remaining provisions will continue in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

A failure or delay by us in exercising a right under these Terms does not constitute a waiver of that right.

These Terms, together with policies and other terms expressly incorporated by reference, form the agreement governing your use of the Services.

Nothing in these Terms excludes any representation, right, guarantee or remedy that cannot lawfully be excluded.

SECTION 21 - ASSIGNMENT

You must not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law permits otherwise.

We may transfer or assign our rights or obligations as part of a sale, restructure or transfer of our business, provided this does not reduce any non-excludable rights you have under applicable law.

SECTION 22 - GOVERNING LAW

These Terms are governed by the laws of Queensland, Australia and the applicable laws of the Commonwealth of Australia.

You and Daddy Daycare submit to the jurisdiction of the courts of Queensland and any courts with authority to hear appeals from them, subject to any rights you may have under applicable consumer protection laws in your place of residence.

SECTION 23 - HEADINGS

Headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the current version of these Terms on this page.

We may update these Terms from time to time. Where required by law, we will provide notice of material changes.

Changes will apply from the date stated or, where no date is stated, from the date the updated Terms are published. Changes will not operate retrospectively where doing so would be unlawful.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms can be sent to:

Daddy Daycare Apparel · ABN 75 915 079 183.
Email: hello@daddydaycareapparel.com
Website: https://daddydaycareapparel.com