Terms of service

OVERVIEW
Welcome to melbournecigarco! The terms “we”, “us” and “our” refer to melbournecigarco. melbournecigarco operates this website, including all related
information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). melbournecigarco is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these
“Terms of Service” or “Terms”) describe your rights and responsibilities when you use
the Services.
Please read these Terms of Service carefully, as they include important information
about your legal rights and cover areas such as warranty disclaimers and limitations
of liability.
By visiting, interacting with or using our Services, you agree to be bound by these
Terms of Service and our Privacy Policy. If you do not agree to these Terms of
Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your
email address, billing, payment, and shipping information. You represent and warrant
that all the information you provide in our stores is correct, current and complete and
that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your
account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products
and services in our online stores. However, please note that colors or product
appearance may differ from how they may appear on your screen due to the type of
device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services
purchased by you will meet your expectations or be the same as depicted or
rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our
sole discretion. We reserve the right to discontinue any product at any time and may
limit the quantities of any products that we offer to any person, geographic region or
jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. melbournecigarco
reserves the right to accept or decline your order for any reason at its discretion.
Your order is not accepted until melbournecigarco confirms acceptance. We must
receive and process your payment before your order is accepted. Please review your
order carefully before submitting, as melbournecigarco may be unable to
accommodate cancellation requests after an order is accepted. In the event that we
do not accept, make a change to, or cancel an order, we will attempt to notify you by
contacting the email, billing address, and/or phone number provided at the time the
order was made.
Your purchases are subject to return or exchange solely in accordance with our
Refund Policy.
You represent and warrant that your purchases are for your own personal or
household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price
charged for a product or service will be the price in effect at the time the order is
placed and will be set out in your order confirmation email. Unless otherwise
expressly stated, posted prices do not include taxes, shipping, handling, customs or
import charges.
Prices posted in our online stores may be different from prices offered in physical
stores or in online or other stores operated by third parties. We may offer, from time
to time, promotions on the Services that may affect pricing and that are governed by
terms and conditions separate from these Terms. If there is a conflict between the
terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and
account information for all purchases made at our stores. You agree to promptly
update your account and other information, including your email address, credit card
numbers and expiration dates, so that we can complete your transactions and
contact you as needed.
You represent and warrant that (i) the credit card information you provide is true,
correct, and complete, (ii) you are duly authorized to use such credit card for the
purchase, (iii) charges incurred by you will be honored by your credit card company,

and (iv) you will pay charges incurred by you at the posted prices, including shipping
and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates
only and are not guaranteed. We are not responsible for delays caused by shipping
carriers, customs processing, or events outside our control. Once we transfer
products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays,
images, graphics, product reviews, video, and audio, and the design, selection, and
arrangement thereof, are owned by melbournecigarco, its affiliates or licensors and
are protected by U.S. and foreign patent, copyright and other intellectual property
laws.
These Terms permit you to use the Services for your personal, non-commercial use
only. You must not reproduce, distribute, modify, create derivative works of, publicly
display, publicly perform, republish, download, store, or transmit any of the material
on the Services without our prior written consent. Except as expressly provided
herein, nothing in these Terms grants or shall be construed as granting a license or
other rights to you under any patent, trademark, copyright, or other intellectual
property of melbournecigarco, Shopify or any third party. Unauthorized use of the
Services may be a violation of federal and state intellectual property laws. All rights
not expressly granted herein are reserved by melbournecigarco.
melbournecigarco’s names, logos, product and service names, designs, and slogans
are trademarks of melbournecigarco or its affiliates or licensors. You must not use
such trademarks without the prior written permission of melbournecigarco. Shopify’s
name, logo, product and service names, designs and slogans are trademarks of
Shopify. All other names, logos, product and service names, designs, and slogans
on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of
the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as
available” without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own
risk and discretion and you should ensure that you are familiar with and approve of
the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the
release of new tools and resources). Such new features shall also be deemed part of
the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated
by third parties (including any embedded third party functionality). We are not
responsible for examining or evaluating the content or accuracy of any third-party

materials or websites you choose to access. If you decide to leave the Services to
access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party
websites, or your purchase or use of any products, services, resources, or content
on any third-party websites. Please review carefully the third-party's policies and
practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products and
services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
melbournecigarco is powered by Shopify, which enables us to provide the Services
to you. However, any sales and purchases you make in our Store are made directly
with melbournecigarco. By using the Services, you acknowledge and agree that
Shopify is not responsible for any aspect of any sales between you and
melbournecigarco, including any injury, damage, or loss resulting from purchased
products and services. You hereby expressly release Shopify and its affiliates from
all claims, damages, and liabilities arising from or related to your purchases and
transactions with melbournecigarco.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy
Policy, which can be viewed here, and certain personal information may be
subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services,
you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes
personal information about your access to and use of the Services in order to
provide and improve the Services for you. Information you submit to the Services will
be transmitted to and shared with Shopify as well as third parties that may be located
in other countries than where you reside, in order to provide services to you. Review
our privacy policy for more details on how we, Shopify, and our partners use
your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions,
feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you
grant us a perpetual, worldwide, sublicensable, royalty-free license to use,
reproduce, modify, publish, distribute and display such Feedback in any medium for
any purpose, including for commercial use. We may, for example, use our rights
under this license to operate, provide, evaluate, enhance, improve and promote the
Services and to perform our obligations and exercise our rights under the Terms of
Service.
You also represent and warrant that: (i) you own or have all necessary rights to all
Feedback; (ii) you have disclosed any compensation or incentives received in
connection with your submission of Feedback; and (iii) your Feedback will comply
with these Terms. We are and shall be under no obligation (1) to maintain your
Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to
respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we
determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary right. You
further agree that your Feedback will not contain libelous or otherwise unlawful,
abusive or obscene Feedback, or contain any computer virus or other malware that
could in any way affect the operation of the Services or any related website. You may
not use a false email address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any Feedback. You are solely
responsible for any Feedback you make and its accuracy. We take no responsibility
and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies or omissions, and
to change or update information or cancel orders if any information is inaccurate at
any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access
or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial or state regulations, rules, laws, or
local ordinances; (c) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (d) to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or harm any of our employees or any other person; (e)
to transmit false or misleading information; (f) to send, knowingly receive, upload,
download, use, or re-use any material that does not comply with the these Terms; (g)
to transmit, or procure the sending of, any advertising or promotional material,
including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to
impersonate or attempt to impersonate any other person or entity; or (i) to engage in
any other conduct that restricts or inhibits anyone's use or enjoyment of the Services,
or which, as determined by us, may harm melbournecigarco, Shopify or users of the
Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the functionality or
operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any
portion of the Services; (c) collect or track the personal information of others; (d)
spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or
circumvent the security features of the Services or any related website, other
websites, or the Internet. We reserve the right to suspend, disable, or terminate your
account at any time, without notice, if we determine that you have violated any part
of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part
thereof) in our sole discretion at any time without notice, and you will remain liable
for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for
general information purposes. We do not warrant the accuracy, completeness, or
usefulness of this information. Any reliance you place on such information is strictly
at your own risk. We disclaim all liability and responsibility arising from any reliance
placed on such materials by you or any other visitor to the Services, or by anyone
who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY melbournecigarco, THE SERVICES AND
ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED AS IS
AND AS AVAILABLE FOR YOUR USE, WITHOUT ANY REPRESENTATION,
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT
GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME
JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR
OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL
melbournecigarco, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR
LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR
ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST
SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR
DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE
OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE
SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE
OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO,
ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR
ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR
POSSIBILITY.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless melbournecigarco, Shopify, and
our affiliates, partners, officers, directors, employees, agents, contractors, licensors,
and service providers from any losses, damages, liabilities or claims, including
reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your
breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and
use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify
will not relieve you of your obligations unless you are materially prejudiced. We may
control the defense and settlement of such claim at your expense, including choice
of counsel, but will not settle any claim requiring non-monetary obligations from you
without your consent (not to be unreasonably withheld). You will cooperate in the
defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be enforceable to
the fullest extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site
or in respect to the Service constitutes the entire agreement and understanding
between you and us and governs your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions of the
Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed
against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or
obligations under these Terms without our prior written consent, and any such
attempt will be null and void. We may transfer, assign, or delegate these Terms and
our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the federal and
state or territorial courts in the jurisdiction where melbournecigarco is headquartered.
You and melbournecigarco consent to venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this
page.

We reserve the right, in our sole discretion, to update, change, or replace any part of
these Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such
changes will be effective on the date specified in the notice. Your continued use of or
access to the Services following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
info@melbournecigarco.com.au

Our contact information is posted below:
Melbourne Cigar Co
0414 951267