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Terms of Use

MORNING MOJO WEBSITE TERMS OF USE

Thank you for accessing our website located at www.morningmojo.com.au (‘the Website’). The Website is owned and operated by Morning Mojo Pty Ltd. ACN 611 779 349 (‘Morning Mojo’).

Please read through the following general terms and conditions which will govern your use of the Website (‘Terms’). By accessing, browsing or using this Website, you acknowledge that you have read and understood these Terms and agree to abide by these Terms.

1. Licence to Use Website

  • 1.1 Morning Mojo grants to you a limited, revocable right to access and use this Website and print pages from it for personal, non-commercial or informational purposes only.

2. Copyright in Website Content

  • 2.1 Copyright in all content contained on this Website, including but not limited to text, drawings, photographs and page layout, subsists under, and is protected by, the Copyright Act 1968 (Cth) and international copyright laws and, unless stated otherwise, is owned by Morning Mojo.
  • 2.2 Except as permitted under these Terms and applicable laws, no part of this Website may be otherwise reproduced, adapted or transmitted in any form by any process without the specific written consent of Morning Mojo.

3. Morning Mojo Trade Marks

  • 3.1 Unless otherwise indicated, the trademarks appearing on the Website are registered trademarks of Morning Mojo and any use of registered trademarks without the prior written consent of Morning Mojo is a breach of the Trade Marks Act 1995 (Cth) and relevant laws in other countries and is expressly prohibited.

4. Linking to the Website

  • 4.1 Morning Mojo grants to you a limited, revocable, non-exclusive right to create a hypertext link to the home page of the Website, provided that Morning Mojo is notified in writing of, and approves, such hyperlink and such hyperlink does not portray Morning Mojo or its products in a false, misleading or otherwise illegal or offensive manner.
  • 4.2 You may not make any part of the Website available as part of another website by use of online imaging, framing technologies or any other method of incorporating parts of the Website into another site without the prior written consent of Morning Mojo.

5. Linked Third Party Websites and Information

  • 5.1 The Website may contain links to third party information and products. Such content and links are not owned, operated or maintained by Morning Mojo unless otherwise indicated.
  • 5.2 Morning Mojo is not responsible for the content of any third party material appearing on the Website or any third party sites linked to the Website. Unless stated otherwise by Morning Mojo, such information, advertisements or links are purely for information purposes only and are not endorsements by Morning Mojo of the third party information, sites or products, or any representation as to their quality, accuracy or completeness.
  • 5.3 If you decide to access any of the third party services or products advertised or websites linked, you do so entirely at your own risk. As far as lawfully possible, Morning Mojo accepts no liability or responsibility for the actions or omissions of users of the Website or linked sites in relation to the content contained therein.

6. User Submissions & Testimonials

  • 6.1 Subject to its legal obligations with respect to privacy, and the terms of Morning Mojo’ Privacy Policy, any material, information or testimonials submitted to Morning Mojo and posted on the Website will be considered as having been voluntarily submitted for use by Morning Mojo and as non-confidential and non-proprietary information and Morning Mojo is free to use such information on the Website and otherwise in its sole discretion, whether for commercial or non-commercial purposes and without liability or compensation to any person or entity.

7. Limitation of Liability

  • 7.1 While Morning Mojo takes all reasonable care to include accurate and up-to-date information on the Website, the information provided should not be relied upon as being error free or accurate. Morning Mojo makes no representation or warranty as to the timeliness, accuracy or completeness of any such material, nor does it accept any responsibility arising in any way from errors or omissions.
  • 7.2 As far as lawfully possible, Morning Mojo accepts no liability or responsibility for the actions or omissions of any users of the Website in relation to the content contained herein.
  • 7.3 All information provided on the Website is provided “as is” without warranty of any kind, express or implied, to the fullest extent possible under law. In no event will Morning Mojo be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to or use of or downloading of information from the Website, including, without limitation, damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components.
  • 7.4 Morning Mojo is not responsible for deletion, failure to store, misdelivery, or untimely delivery of any material accessed through the Website or external sites.

8. Product Purchases through the Website

  • 8.1 Product purchases via online ordering facilities on the Website and liability in respect of such products are governed by Morning Mojo’s Purchase Terms specified on the Website.

9. Changes to the Website

  • 9.1 Morning Mojo reserves the right to revise, change, modify or delete the content of any part of the Website, including any product available through the Website, at any time, in its sole discretion and without prior written notice.
  • 9.2 Morning Mojo does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the Website (including hypertext links to external sites if any) for any reason whatsoever.

10. Updates

  • 10.1 Morning Mojo reserves the right to revise, change or modify these Terms at any time by posting new Terms on the Website. You are bound by any such revisions and should therefore re-visit the Terms each time you visit the Website.

11. Privacy

  • 11.1 The use of any personal information provided to Morning Mojo via this Website is governed by the Morning Mojo Privacy Policy terms.

12. General

  • 12.1 If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms will continue to apply.

13. Applicable Laws

  • 13.1 These Terms will be construed in accordance with and governed by the laws of the State of Western Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Western Australia. If you choose to access and use the Website from other locations you do so of your own initiative and are solely responsible for your compliance with applicable local laws and regulations.