Terms of service
TERMS AND CONDITIONS
Last updated on 20 March 2025
Mind Your Space Pty Ltd
ACN 685 624 757
TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING
Welcome to the Company.
In these terms, we also refer to the Company as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being www.mindyourspace.co and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
- Part A: Terms for when you buy Products (applies when you buy)
- Part B: Terms for when you browse and interact with this Website (applies when you browse)
- Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
Part A: For When You Buy Products…
1. SUBMITTING AN ORDER
(a)By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
(i)you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii)you are authorised to use the debit or credit card you provide with your Order.
(b)Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c)Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
(d)By submitting an Order, you acknowledge and agree that our Products are provided in PDF format only and that to access or use our Products, you will need a computer or mobile phone application capable of reading PDF files.
2. ACCOUNTS
(a)To submit an Order and/or to purchase a Product, you may be required to sign-up, register and receive an account through the Website (an Account).
(b)As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c)You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d)Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(e)We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.
3. PRODUCTS AND USAGE
(a)We will endeavour to ensure that the Products provided will be substantially the same as the Products previewed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
(b)Some of our Products are designed to be provided to a third-party service provider for further review or consultancy, to the maximum extent permitted under applicable law, we disclaim all liability for any loss or damage experienced as a result of third-party services related to the Product.
(c)We cannot and do not represent or warrant that the final result of any usage or implementation of our Products will reflect any mock-up, reference or example images provided for that Product, any usage or implementation of such Products will inherently include some differentiation when compared to any mock-up, reference or example images.
(d)Any third-party products or services recommended in our Products will be subject to stock and lead-times of the third-party provider, we do not represent or warrant that we are associated with such third-party products and will not be liable for any loss or damage resulting from their usage.
(e)Until the price of your Products is paid in full, title in those Products is retained by the Company. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.
4. PAYMENT
(a)All prices are:
(i)per unit (except where indicated);
(ii)in the local currency of the Jurisdiction the website is set to; and
(iii)subject to change prior to you completing an Order without notice.
(b)(Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(c)(GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by the Company, you must pay the GST subject to the Company providing a tax invoice.
(d)(Card surcharges) The Company reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e)(Online payment partner) We may use third-party payment providers such as Shopify Payments, PayPal and Afterpay (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible on their websites and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
5. DELIVERY AND SHIPPING
(a)(Delivery Information) When selecting your Product, you may be prompted to provide a valid email address for delivery. Please ensure that you provide a valid and accessible email address, as we will not be liable for any non-delivery of Products due to incorrect, invalid or inaccessible email addresses.
(b)(Delivery Status) Once your Order is confirmed and an email containing your Product has left our email servers, or the Product has otherwise been added to your Account, the Products will be considered delivered.
6. CHANGES TO YOUR ORDER
6.1 CANCELLATION BY US
We reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
6.2 RETURNS AND EXCHANGES
(a)We do not offer change of mind returns.
(b)We will provide a full refund of the price paid for a Product if we determine that:
(i)a Product you have ordered was not received by you solely due to failure by us;
(ii)a Product provided to you was not substantially the same as the Product you ordered as previewed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
(iii)a Product is faulty, in accordance with clause 6.3(c), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.
7. INTELLECTUAL PROPERTY AND LICENCE
7.1 LICENCE
(a)Subject to this clause 7, the Company retains all intellectual property rights in the design of the Products, including the labelling, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b)In this clause 7, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
(c)Upon purchase of the Product, we grant to you a non-exclusive, non-transferable, revocable licence to use the Product solely for the purpose of:
(i)applying the design or other elements of the Product as specified in the Product;
(ii)downloading and printing the Product in order to apply the design or other elements; or
(iii)sharing the design or Product with third-parties or other contractors expressly for the purpose of executing application, usage or implementation of the Product.
(d)This licence is personal to you as the customer and cannot be assigned, sublicensed or otherwise transferred to any third party without our prior written consent.
(e)You acknowledge and agree that you may only use the Product to implement the design or other elements of the Product at or in your own property, or to provide the Product to an associated third-party that will implement the Product, or conduct discussions regarding the implementation of the design.
7.2 LICENCE OBLIGATIONS
(a)You may not use the Product:
(i)for any commercial purpose, including but not limited to the reselling, redistributing or repurposing of the Product in whole or in part, without our express written consent;
(ii)to modify or create derivative works based on the Product without our express written consent;
(iii)to share, distribute or otherwise make the Product available to any third parties (subject to the above clause 7.1(d)), including but not limited to sharing via any digital platforms, forums or social media;
(iv)distribute the Product to any third parties other than for the purpose of executing construction; or
(v)represent or claim the Product as your own.
(b)The licence granted will automatically terminate if you breach any of these terms, upon termination you must cease all use of the Product and destroy any copies in your possession.
7.3 LICENSEE AGENTS
(a)As a part of the licence granted under the above clause 7.1, you may share the Product with any directors, employees, professional advisors, contractors or sub-contractors (your Agents) that you engage for the purpose of applying the design or other elements of the Product.
(b)You may allow your Agents to:
(i)use the Product as documentation required for execution of construction work for your projects only and only where you have purchased the Product from us directly;
(ii)print and view the Product;
(iii)provide labour estimates using the Product; and
(iv)use the specifications in the Product to source materials or calculate project costs.
(c)You may not directly or indirectly, by any act or omission, and must use your best reasonable efforts not to, allow your agents to:
(i)share or distribute the Product to any third-parties not engaged to complete your project directly;
(ii)resell the Product;
(iii)reuse the Product for anyone except yourself and in relation to your project;
(iv)modify or repurpose the Product for use in other projects;
(v)upload or publish the Product to any platform without our consent; or
(vi)claim ownership or copyright of the Product.
(d)You acknowledge and agree that you will indemnify us in relation to any loss or damage whatsoever resulting from any breach of this clause 7.3.
8. ACCREDITATIONS
8.1All displays or publications of any project implementing or applying a Product must, where requested by us, bear an accreditation and/or copyright notice including our name in the form, size and location reasonably directed by us.
9. THIRD PARTY TERMS SUPPLIERS
(a)If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b)You agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Products or any services related to providing the Products and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
Part B: For When You Browse This Website…
10. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
11. YOUR OBLIGATIONS
You must not:
(a)copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Company;
(b)use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c)use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d)use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e)use the Website with the assistance of any automated scripting tool or software;
(f)act in a way that may diminish or adversely impact the reputation of the Company, including by linking to the Website on any other website; and
(g)attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i)gaining unauthorised access to Website accounts or data;
(ii)scanning, probing or testing the Website for security vulnerabilities;
(iii)overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv)instigate or participate in a denial-of-service attack against the Website.
12. INFORMATION ON THE WEBSITE
(a)While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
(i)the Website may have errors or defects (or both, as the case may be);
(ii)the Website may not be accessible at times;
(iii)messages sent through the Website may not be delivered promptly, or delivered at all;
(iv)information you receive or supply through the Website may not be secure or confidential; and
(v)any information provided through the Website may not be accurate or true.
(b)We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).
13. INTELLECTUAL PROPERTY
(a)The Company retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b)You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from the Company or as permitted by law.
(c)In this clause 12, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
14. LINKS TO OTHER WEBSITES
(a)The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b)Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
15. THIRD PARTY PLATFORM
(a)This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here.
(b)To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
16. SECURITY
To the maximum extent permitted by law, the Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
17. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
Part C: Liability And Other Legal Terms
18. LIABILITY
18.1 WARRANTIES
Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:
(a)Products sold by the Company, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(b)To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
18.2 PRODUCT IMPLEMENTATION
(a)You acknowledge that the Products are intended to be used as guidelines and recommendations for design and further agree to that you will bear all responsibility for the use or implementation of the Products.
(b)To the maximum extent permitted under applicable law, we expressly disclaim any liability for any loss, damage or injury resulting from the implementation of the Product by you or any third-party you engage to implement the Product.
18.3 LIABILITY AND INDEMNITY
(a)To the maximum extent permitted by law and subject to clause 17.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to the Company under the most recent Order.
(b)Clause 17.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of Clause 7 of these terms.
(c)You agree to indemnify, defend and hold us harmless from and against any claims, actions, losses, damages, liabilities, costs and expenses arising out of or in connection with your:
(i)breach of clause 7 of these terms; or
(ii)negligent or fraudulent misuse of the Products.
18.4 CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products or services provided by us, except:
(a)in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(b)to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
19. GENERAL
19.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
19.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
19.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
19.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
19.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
19.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
19.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
19.8 INTERPRETATION
(a)(singular and plural) words in the singular includes the plural (and vice versa);
(b)(currency) a reference to $, or “dollar”, is to the local currency in the location that the website is set to at that time;
(c)(gender) words indicating a gender includes the corresponding words of any other gender;
(d)(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e)(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f)(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g)(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h)(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i)(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j)(includes) the word “includes” and similar words in any form is not a word of limitation; and
(k)(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
20. NOTICES
(a)Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b)If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c)The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.