TERMS AND CONDITIONS
Throughout this website, the terms “we”, “us” and “our” refer to MMD Projects LIMITED, trading as Velmarique. MMD Projects LIMITED offers this website, including all information, tools and services available through this website, to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions” or “Terms”), including any additional terms, conditions and policies referenced herein and/or made available by hyperlink.
These Terms and Conditions apply to all users of the website, including, without limitation, users who are browsers, vendors, customers, merchants and/or content contributors.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms and Conditions.
If you do not agree to all the terms and conditions of this agreement, you must not access the website or use any of the Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools added to the current website will also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right to update, change or replace any part of these Terms and Conditions by publishing updates and/or changes on our website.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in the state, territory, province or jurisdiction in which you reside, or that you are the age of majority in your state, territory, province or jurisdiction of residence and have given us your consent to allow any of your minor dependants to use this website.
You must not use our products for any illegal or unauthorised purpose, nor may you, in using the Service, violate any laws in your jurisdiction, including, without limitation, copyright laws.
You must not transmit any worms, viruses or code of a destructive nature.
A breach or violation of any of these Terms may result in the immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone, for any reason, at any time, to the extent permitted by applicable law.
You acknowledge that your content, excluding credit card information, may be transferred unencrypted and may involve:
a. transmissions over various networks; and
b. changes to conform and adapt to the technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is inaccurate, incomplete or not 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, complete or current sources of information.
Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is not necessarily current and is provided for reference purposes only.
We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website, except where required by law.
You agree that it is your responsibility to monitor changes to our website.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service, or any part or content thereof, at any time without notice, to the extent permitted by applicable law.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service, except where liability cannot lawfully be excluded.
Formation of the Contract
The presentation of products in the online store does not constitute a legally binding offer. It constitutes a non-binding online catalogue.
By clicking the “Buy”, “Complete Order”, “Pay Now” or similar checkout button, you submit an offer to enter into a purchase agreement.
An acknowledgement confirming receipt of your order may be sent automatically by email immediately after your order is placed. Unless expressly stated otherwise, this email acknowledgement does not itself constitute acceptance of your offer.
A purchase agreement is formed when we accept your order, process your payment or dispatch the ordered product, whichever occurs first, subject to applicable law.
Consumer Guarantees
Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.
Where the Australian Consumer Law applies, our goods come with guarantees that cannot be excluded under that law.
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 may only be returned or exchanged in accordance with our Returns and Refund Policy and applicable consumer law.
We have made every reasonable effort to display the colours and images of our products as accurately as possible.
However, we cannot guarantee that the display of any colour on your computer, mobile telephone, tablet or other device will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis, subject to applicable law.
We reserve the right to limit the quantities of any products or Services that we offer.
All product descriptions and prices are subject to change at any time without notice, at our sole discretion, subject to applicable law.
We reserve the right to discontinue any product at any time.
Any offer for a product or Service made on this website is void where prohibited.
We do not guarantee that the quality of any products, Services, information or other material purchased or obtained by you will meet your expectations. However, nothing in these Terms and Conditions excludes any rights or remedies available to you under applicable consumer law.
Our products may be shipped directly from our third-party suppliers or fulfilment partners, including suppliers located in China or other countries.
Where legally applicable and clearly disclosed before purchase, customs duties, import taxes or other government charges may be payable by the customer. Nothing in this clause limits any obligation we may have under applicable law to disclose the total price or mandatory charges before purchase.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us, subject to applicable law.
We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, the same credit card or payment method and/or orders using the same billing and/or shipping address.
If we change or cancel an order, we may attempt to notify you by contacting the email address, billing address and/or telephone number provided when the order was placed.
We reserve the right to limit or prohibit orders that, in our reasonable judgement, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate account and purchase information for all purchases made through our store.
You agree to promptly update your account and other information, including your email address, payment information and payment card expiry dates, so that we can process your transactions and contact you when required.
For further information, please refer to our Returns and Refund Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor and have no control or authority.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without warranties, representations or conditions of any kind and without endorsement, subject to any guarantees that cannot lawfully be excluded.
We will not be liable for any loss arising from or relating to your use of optional third-party tools, except where such liability cannot lawfully be excluded.
Any use by you of optional third-party tools offered through the website is entirely at your own risk and discretion.
You should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider.
We may also offer new Services and/or features through the website in the future, including the release of new tools and resources. Such new features and/or Services will also be subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and Services available through our Service may include materials provided by third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant or accept responsibility for third-party materials, websites, products or Services, except where responsibility cannot lawfully be excluded.
We are not responsible for loss or damage relating to the purchase or use of goods, Services, resources, content or other transactions conducted in connection with third-party websites, except where liability cannot lawfully be excluded.
Please carefully review the policies and practices of third-party providers and make sure you understand them before entering into any transaction.
Complaints, claims, concerns or questions regarding products or Services provided directly by a third party should be directed to the relevant third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, such as competition entries, or if you send creative ideas, suggestions, proposals, plans or other materials without a request from us, whether online, by email, by post or otherwise, collectively referred to as “Comments”, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use those Comments in any medium.
We are not and will not be obligated to:
- maintain any Comments in confidence;
- pay compensation for any Comments; or
- respond to any Comments.
We have the right, but not the obligation, to monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms and Conditions.
You agree that your Comments will not violate any rights of any third party, including copyright, trade mark rights, privacy rights, personality rights or other personal or proprietary rights.
You further agree that your Comments will not contain defamatory, unlawful, abusive or obscene material, or contain any computer virus or other malicious software that could affect the operation of the Service, this website or any related website.
You must not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties regarding the origin of any Comments.
You are solely responsible for any Comments you submit and for their accuracy.
We accept no responsibility for Comments posted by you or any third party, except where responsibility cannot lawfully be excluded.
Any additional customs and/or import charges that are legally payable by the customer and were properly disclosed before purchase are not included in the product price unless expressly stated otherwise.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
Please review our Privacy Policy for information about how we collect, use, store, disclose and protect your personal information.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery times or product availability.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders where information in the Service or on any related website is inaccurate, at any time without prior notice, including after you have submitted your order, subject to applicable law.
Where we cancel an order after payment has been made, we will provide a refund in accordance with applicable law.
We 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 to the Service or 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 the other prohibitions set out in these Terms and Conditions, you are prohibited from using the website or its content:
a. for any unlawful purpose;
b. to solicit others to perform or participate in unlawful acts;
c. to violate any applicable international, federal, national, state, territory, provincial or local law, regulation or ordinance;
d. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other protected characteristic;
f. to submit false or misleading information;
g. to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service, any related website, other websites or the internet;
h. to collect or track the personal information of others without lawful authority;
i. to spam, phish, pharm, pretext, spider, crawl or scrape;
j. for any obscene or immoral purpose; or
k. to interfere with or circumvent the security features of the Service, any related website, other websites or the internet.
We reserve the right to terminate your use of the Service or any related website if you breach any of these prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results obtained through the use of the Service will be accurate or reliable.
You agree that we may remove the Service for indefinite periods or cancel the Service at any time without notice, subject to applicable law.
To the maximum extent permitted by law, your use of, or inability to use, the Service is at your own risk.
The Service and all products and Services delivered to you through the Service are provided, unless expressly stated otherwise by us, on an “as is” and “as available” basis.
To the maximum extent permitted by law, they are provided without any express or implied representation, warranty or condition, including implied warranties or conditions of merchantability, acceptable quality, fitness for a particular purpose, durability, title and non-infringement.
However, nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.
To the maximum extent permitted by law, MMD Projects LIMITED, Velmarique and their directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors will not be liable for any indirect, incidental, punitive, special or consequential loss or damage arising from your use of the Service or any products obtained through the Service.
This may include, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or similar loss, whether based in contract, tort, including negligence, strict liability or otherwise.
This limitation applies to loss arising from your use of the Service or any product, including loss caused by errors or omissions in content, even if we have been advised of the possibility of such loss.
Where a state, territory or jurisdiction does not allow the exclusion or limitation of liability for certain types of loss, our liability will be limited only to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless MMD Projects LIMITED, Velmarique and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by a third party arising from or relating to:
a. your breach of these Terms and Conditions or the documents incorporated into them by reference;
b. your violation of any law; or
c. your violation of the rights of a third party.
This indemnity applies only to the extent permitted by applicable law.
SECTION 15 – SEVERABILITY
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, that provision will nevertheless remain enforceable to the fullest extent permitted by applicable law.
The unenforceable portion will be deemed severed from these Terms and Conditions.
Such a determination will not affect the validity and enforceability of the remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date will survive the termination of this agreement for all purposes.
These Terms and Conditions remain effective unless and until terminated by either you or us.
You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services or when you stop using our website.
If, in our reasonable judgement, you fail, or we reasonably suspect that you have failed, to comply with any provision of these Terms and Conditions, we may terminate this agreement at any time without notice, subject to applicable law.
You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services, or any part of them.
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of that right or provision.
These Terms and Conditions, together with any policies or operating rules published by us on this website or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service.
They replace any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior version of these Terms and Conditions.
Any ambiguities in the interpretation of these Terms and Conditions will not be interpreted against the party responsible for drafting them, except where applicable law requires otherwise.
SECTION 18 – GOVERNING LAW
These Terms and Conditions and any separate agreements under which we provide Services to you will be governed by and interpreted in accordance with the laws of Hong Kong.
However, nothing in these Terms and Conditions excludes or limits the application of any mandatory consumer protection laws that apply to customers located in Australia, including the Australian Consumer Law.
SECTION 19 – CHANGES TO THESE TERMS AND CONDITIONS
You can review the most current version of these Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by publishing updates and changes on our website.
It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service after changes to these Terms and Conditions have been published constitutes acceptance of those changes, to the extent permitted by applicable law.
SECTION 20 – CONTACT INFORMATION
Questions regarding these Terms and Conditions should be sent to:
Business name: Velmarique
Operated by: MMD Projects LIMITED
Website: velmarique.com
Email: info@velmarique.com