Terms & Conditions

Effective Date: these Terms & Conditions were last modified on 31 January 2019.

OVERVIEW

This site is owned and operated by My Happiness Journal) (ABN 13 887 553 944).  The terms “we”, “us” and “our” refer to My Happiness Journal.

The use of this site is governed by the privacy policy, shipping & returns policy and the terms and conditions set forth below. Please read them carefully. By visiting this site and/or purchasing something from this site, you indicate your acceptance of the privacy policy, shipping & returns policy and terms and conditions (“Terms of Service”, “Terms”). Your placement of an order indicates your acceptance of the Terms.  My Happiness Journal reserves the right to make changes to this site, and these Terms at any time without notice to you. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

These Terms of Service apply to all users of this website, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Our store is hosted on Shopify Inc.   They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - COPYRIGHT INFORMATION

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of My Happiness Journal.   You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without My Happiness Journal’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

All trade marks used on the website unless otherwise indicated are the property of My Happiness Journal.  The use of any such trade marks without My Happiness Journal’s express written consent is strictly prohibited.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.  You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

Credit card information is always encrypted during transfer over networks. The headings used in these Terms are for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

My Happiness Journal are not responsible if information made available on this site is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

SECTION 4 – MODIFICATION TO THE SERVICE AND PRICES

Prices for our products are subject to change at any time and without notice.   My Happiness Journal reserves the right at any time to modify or discontinue the service or any part of it without notice at any time.

My Happiness Journal will not be liable to you or to any third-party for any modifications, price change, suspension or discontinuance of the service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website.   These products or services may have limited quantities and are subject to return or exchange according to our shipping & returns policy.

My Happiness Journal have made every effort to display as accurately as possible the colours and images of our products that appear in the online store.  We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction.   We may exercise this right on a case by case basis. We reserve the right to limit the quantities of any product or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time without notice.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or than any errors in the service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

My Happiness Journal reserves the right to refuse any order you place. We may in our sole discretion, limit or cancel quantities purchased per person, per household, per business or per order. These restrictions may include orders placed by or under the same customer account, the same credit card or debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. My Happiness Journal reserves the right to limit or prohibit orders that, in our sole discretion, appear to be placed by resellers or distributors.

You agree to provide current and accurate purchase and account information for all purchases made on our website.   You agree to promptly update your account and other information, including email address, credit card/debit card numbers and credit card/debit card expiration dates, so that we can complete your transaction and contact you if so required.

For more details please review the shipping and returns policy.

SECTION 7 – THIRD PARTY LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that My Happiness Journal is not responsible for the operation of or content located on or through any such site.

SECTION 8 – PERSONAL INFORMATION

Your submission of personal information through this website is governed by our privacy policy.

SECTION 9 - DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD

My Happiness Journal makes no representations or warranties, either express or implied, of any kind with respect to products sold on the My Happiness Journal site. Except as expressly stated herein, My Happiness Journal expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to My Happiness Journal arising from any product sold on the My Happiness Journal site shall be the price of the product ordered. In no event shall My Happiness Journal, its directors, officers, employees or representatives be liable for special, indirect or consequential damages related to a product sold.

SECTION 10 - DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE MY HAPPINESS JOURNAL WEBSITE

The My Happiness Journal website and the materials therein are provided “as is”.  My Happiness Journal makes no representations or warranties, either express or implied, of any kind with respect to the My Happiness Journal website, its operation, contents, information or materials.  My Happiness Journal expressly disclaims all warranties, express or implied, of any kind with respect to the website or its use, including but not limited to fitness for a particular purpose. You agree that My Happiness Journal, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the My Happiness Journal website.  You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without

SECTION 11 – INDEMNIFICATION

You agree to indemnify and hold harmless My Happiness Journal and any of its subsidiaries, affiliates, officers, partners, directors, agents, contractors, suppliers, employees and service providers from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of these Terms of Service or any of the other terms on our site.

SECTION 12 - TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price due to typographical error or error in pricing information, My Happiness Journal shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.  My Happiness Journal shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, My Happiness Journal shall immediately issue a credit to your credit card account in the amount of the incorrect price.

SECTION 13 – TERMINATION

The liabilities and obligations of the parties incurred prior to the termination dates shall survive the termination of this agreement.   These Terms of Service are effective unless otherwise terminated by either you or us. You may terminate these terms & conditions at any time by ceasing to use the website.   If in our sole opinion you fail, or we suspect that you have failed to comply with any terms or provisions of these Terms of Service or any other policies on our site, then we may terminate this agreement at any time without notice to you and you will at all times remain liable for all amounts due to us up to and including the date of termination.   

SECTION 14 – GOVERNING LAW

These Terms of Service and any other policies on our website are governed by and construed in accordance with the laws of New South Wales, Australia.   You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.