Terms of Service

Terms of Service

OVERVIEW

This website is operated and owned by Meeples & Dragons Pty Ltd (“M&D”). Throughout the site, the use of the words “we”, “us” and “our” are also deemed to have the same meaning as Meeples & Dragons Pty Ltd (“M&D”). The singular includes the plural and vice versa. The headings used in this agreement are included for convenience only and will not limit or otherwise affect any Terms or Conditions as outlined in this website.

M&D offer this website, including all information, products, tools and services made available to you, the user (“user”) availability and access of which are conditional upon the user’s acceptance of all terms, conditions, policies and notices and information stated herein. All rights, obligations and responsibilities of both the user and M&D are governed by M&D’s Terms and Conditions of Service, M&D’s Refund and Returns Policy as well as the appropriate governing law and jurisdiction.

By visiting our site and/or purchasing any product or service from M&D, the user engages in our “Service” and agrees to be bound by our terms and conditions (“Terms of Service”, “Terms”) as outlined in this document and should note the following:

  • Our Terms of Service, Terms include other additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
  • All users must read these Terms of Service/Terms carefully before accessing or using our website (“site”). By accessing or using any part of the site, the user agrees to be bound by these Terms of Service/Terms. If the user does not agree to all the terms and conditions of this agreement, then the user is prohibited from accessing our website or using any of our services. If these Terms of Service are deemed to be an offer, acceptance is expressly limited to the Terms of Service and the terms of the offer.

M&D’s website includes a store (“store”). Any new features, products or tools added to the current store shall be deemed to be subject to and conditional upon the Terms of Service. The user is welcomed to review the most current version of the Terms of Service at any time on this site. M&D reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is the user’s responsibility to check these Terms of Service, Terms and other pages of this website before finalising any transactions with M&D. The user’s continued use of or access to the website is deemed to constitute notice and acceptance of any changes made by M&D to any part of this website.

SECTION 1 – ONLINE STORE TERMS

Accessing the store deems the user to have agreed to the Terms of Service. By agreeing to these Terms of Service, the user represents that they are at least the age of majority in the user’s state or province of residence, or that the user is the age of majority in the user’s state or province of residence and the user has given M&D their consent to allow any of the user’s minor dependents to use this site.

The following are strictly prohibited:

  • the use of M&D’s products/services for any illegal or any unauthorised purpose;
  • the use of M&D’s products/services that violate any laws in the user’s and M&D’s jurisdiction, including but not limited to Copyright Laws; or
  • the act of transmission of any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms detailed in this website will result in an immediate termination of the user’s Services.

SECTION 2 – GENERAL CONDITIONS

  • M&D reserve the right to refuse service to any user for any reason at any time.
  • The user understands that the user’s content (excluding 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.

(c) Credit card information is always encrypted during transfer over networks.

  • The user’s agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from M&S.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

All material and information on M&D’s website are provided ‘for general information purposes only’ and should not be relied upon or used as the sole basis for making decisions without the user first consulting primary, more accurate, more complete or more timely sources of information. M&D is not responsible if the material or information made available on this website is not accurate, complete or current. Any reliance on the material or information on this website is at the user’s own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for the user’s reference only. M&D reserve the right to modify the contents of this site at any time, however M&D have no obligation to update any information on M&D website. The users agree that it is their responsibility to monitor changes to M&D website.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for M&D products are subject to change without notice.

M&D reserve the right at any time to modify or discontinue M&D Service (or any part or content thereof) without notice at any time.

M&D are not liable to the user or to any third-party for any modification, price change, suspension or discontinuance of M&D Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through M&D’s website. These products or services may have limited quantities and are subject to return or exchange in accordance with M&D’s Return Policy and not subject to any other terms or conditions.

M&D have made every effort to display as accurately as possible the colours and images of M&D’s products that appear at the store. M&D cannot guarantee that the user’s computer monitor’s display of any colour will be accurate.

M&D reserve the right, but are not obligated, to limit the sales of M&D products or services to any person, geographic region or jurisdiction. M&D may exercise this right on a case-by-case basis. M&D also reserve the right to limit the quantities of any products or services that M&D offer.

All descriptions of products/services or products/services pricing are subject to change at any time without notice, such change/s are at the sole discretion of M&D. M&D reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where the use of this product or service is prohibited.

M&D do not warrant (expressly or impliedly) that the quality of any products, services, information, or other material purchased or obtained by the user will meet the user’s expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

M&D reserve the right to refuse any order a user may place with M&D. M&D in its sole discretion, may limit or cancel quantities purchased per person, per household or per order placed by a user. These restrictions may include orders placed by the user or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If M&D make a change to or cancel an order, M&D may attempt to notify the user by contacting the e-mail and/or billing address/phone number provided at the time the order was made. M&D reserve the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, distributors or similar.

The user agrees to provide current, complete and accurate purchase and account information for all purchases made at M&D’s store. The user agrees to promptly update their account and other information, including the user’s email address and credit card numbers and expiration dates, to enable M&D to process and complete the transactions and contact the user if and as required.

For further details and more clarification, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

M&D may provide the user with access to third-party tools over which M&D neither monitors, has any control over nor has any input.

The user acknowledges and agrees that M&D provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsements. M&D shall have no liability whatsoever arising from or relating to the user’s use of optional third-party tools.

Any use by the user of optional tools offered through the website is entirely at the user’s your own risk and discretion and the user should ensure that he or she is familiar with and approves of the terms on which tools are provided by the relevant third-party provider(s).

M&D may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to M&D Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via M&D Services may include materials from third parties.

Third-party links on M&D website may direct the user to third-party websites that are not affiliated with M&D. M&D are not responsible for examining or evaluating the content or accuracy of these websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

M&D are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure that you, the user understands them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products/services should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, the user sends certain specific submissions (for example contest entries) or the user sends certain specific submissions without a request from M&D, or the user sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), the user agrees that M&D may, at any time, (without restrictions), edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the user forwards to M&D. M&D are and shall be under no obligation to:

  • to maintain any comments in confidence;
  • to pay compensation for any comments; or
  • to respond to any comments.

M&D may, but also may have no obligation to monitor, to edit or to remove content that M&D determine in its sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or M&D’s Terms of Service.

The user agrees that his or her comments will not violate any right of any third-party including copyright, trademark, privacy, personality or other personal or proprietary right. The user further agrees that his or her comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. The user may not use a false e-mail address, pretend to be someone other than themselves, or otherwise mislead M&D or any third parties as to the origin of any comments. The users are solely responsible for any comments the user makes and for the accuracy of such comments.  M&D take no responsibility and assume no liability for any comments posted by the user or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Users are advised to review our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. M&D reserve the right to correct any errors, inaccuracies or omissions at any time, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate. These may be made by M&D at any time without prior notice to any user, customer or other person (including any time after a user, customer or other person has submitted an order).

M&D undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, the user is prohibited from using the site or its content as follows:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate M&D’s intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to 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 Service or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose;
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or
  • to do any other act or thing that could be deemed to be unacceptable to M&D.

M&D reserve the right to terminate the user or users’ use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

M&D do not guarantee, represent or warrant that the use of our service will be uninterrupted, timely, secure or error-free.

M&D do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

The user agrees to accept and understands that, from time to time M&D may remove the service for indefinite periods of time or cancel the service at any time, without notice to the user.

The user expressly agrees that their use of, or inability to use, the service is at the user’s sole risk. The service and all products and services delivered to the user through the service are (except as expressly stated by M&D) provided ‘as is’ and ‘as available’ for the user’s 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.

In no case shall Meeples & Dragons Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any 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 the user’s use of any of the service or any products procured using the service, or for any other claim related in any way to the user’s use of the service or any product, including, but not limited to, any errors or omissions in any content however caused, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, M&D’s liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

The user agrees to indemnify, defend and hold harmless Meeples & Dragons Pty Ltd and M&D’s parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees or their assigns, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the user’s breach of these Terms of Service or the documents the user incorporates by reference, or the user’s violation of any law or the rights of a third-party or any other party.

SECTION 15 – 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 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either the user or M&D. The user may terminate these Terms of Service at any time by notifying M&D in writing that the user no longer wishes to use M&D Services, or when the user ceases using our site.

If M&D, in our sole judgment believe that the user has failed to comply with any terms, conditions or provisions, or M&D suspect that the user has failed to comply with any terms, conditions or provisions of these Terms of Service, M&D may terminate this agreement at any time without notice to the user and the user will remain liable for all amounts due up to and including the date of termination. M&D have the right to deny the user any access to our Services (or any part thereof) if M&D deem this to be appropriate.

SECTION 17 – ENTIRE AGREEMENT

The failure of M&D to exercise or enforce any right or provision of any 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 M&D on this site or in respect to The Service constitutes the entire agreement and understanding between the user and M&D and governs the user’s use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the user and M&D (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 or M&D.

18 – GOVERNING LAW & JURISDICTION

18.1 M&D’s Terms of Service and M&D’s Refund and Returns Policy or any other collateral agreement between the user and M&D shall be governed by and construed in accordance with the laws of the State of Queensland, Australia without regard to principles of conflict or choice of laws, and the user consents to venue and jurisdiction in and by the state and federal courts in the jurisdiction of the user.

18.2 Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State of Queensland and Australia.

SECTION 19 – CHANGES TO TERMS OF SERVICE

The user can review the most current version of the Terms of Service at any time at this location.

M&D reserve the right, using 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 the user’s sole responsibility to check M&D’s website periodically for changes. The user’s continued use of or access to M&D’s website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Any questions or any clarification required of any of the Terms of Service should be sent to M&D at contact@meeplesanddragons.com.au.

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