INTRODUCTION

 

The Services and Terminology

This website (or other service) is operated by Meraki Gifts & Co and Associates (“Meraki Gifts & Co” or “we”).  These Terms of Service (“TERMS OF SERVICE”) govern each user’s access to and use of this site or services provided by Meraki Gifts & Co (the “Services”), whether accessed through the Internet or any other medium now known or hereafter invented on any device now known or hereafter invented.  The Services may include any one or more of the following: viewing and/or using a website, whether publicly accessible or with restricted access; fan clubs and other subscription sites; contests; email subscription lists; search services; online stores (and other shopping services) for the browsing and purchasing of merchandise, tickets to concerts and other events, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalised content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on a Yianna Nicholas web site or other Service.  Internet access is not included in the Services.

 

Age Requirements

In order to use the Services, you must be at least 13 years of age.  If you are under 13-years-old, you may not use the Services and you are instructed to leave this website or other Service.  If you are between the ages of 13 through 17 years, you may use the Services only under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilising Services while not under the supervision and/or without the written consent of your parent or legal guardian.

 

Legal Agreement between You and Meraki Gifts & Co; Visitors and Registered Users

These Terms of Service (TERMS OF SERVICE) constitute a legal agreement between the user of the Services (“you”) and Meraki Gifts & Co.  You must accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in this TERMS OF SERVICE in order to access and/or use the Services.  By using the Services, you agree to be legally bound by this TERMS OF SERVICE, whether you are a “Visitor” (which means that you only browse a site on the Service) or a “Registered User” (which means that you have registered as a user of the Services). As used herein, the terms “users” and “you” refer to both Visitors and Registered Users of the Services. You are authorised to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this TERMS OF SERVICE. Please read this TERMS OF SERVICE carefully and in its entirety. If you do not agree with all of these terms, you should leave this website and discontinue use of the Services immediately.  If you do not accept this TERMS OF SERVICE in its entirety, you do not have permission to access or use the Services.

 

Modification of these Terms of Service

Meraki Gifts & Co may wish to update or change this TERMS OF SERVICE from time to time to reflect changes in the Services, changes in the laws affecting the Services, changes in Meraki Gifts & Co’s policies, or for other reasons. When we do, Meraki Gifts & Co will endeavour to provide notice to users in one or more of the following ways:

(1) Meraki Gifts & Co will update the “last updated” date at the bottom of this TERMS OF SERVICE;

(2) Meraki Gifts & Co may post notice of the update on the website or other Service; and/or

(3) Meraki Gifts & Co may email notice of the update to the Registered Users.  You understand that Meraki Gifts & Co reserves the right to make these changes and that you are responsible for regularly reviewing this TERMS OF SERVICE as posted on the website or other Service, Continued access to or use of the Services after any such change shall constitute your consent to such change, Unless explicitly stated otherwise, any new features that change or improve the Services shall be subject to this TERMS OF SERVICE, as modified from time to time.

 

Privacy Policy

You may be required to register to use the Services. To register, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online communications, transactions, purchase history and usage patterns may be collected, analysed and stored. Meraki Gifts & Co policies regarding its use and limited disclosure of your personal information are set forth in the Privacy Policy.  The Privacy Policy is hereby incorporated by reference into this TERMS OF SERVICE.  By agreeing to this TERMS OF SERVICE, you are also agreeing to the Privacy Policy.  Please carefully review the Privacy Policy.  If you do not accept the Privacy Policy in its entirety, you are not permitted to access or use the Services.  The Privacy Policy shall supersede any conflicting terms contained in this TERMS OF SERVICE.

 

Customer Service  

Our customer service office is open from 10am - 5pm AEDT Time, Monday thru Friday, excluding holidays. Should you have any questions, please contact Meraki Gifts & Co customer Service via the contact us web page. We endeavour to answer all responses within two (2) business days, but please allow longer. 

 

 

2. PURCHASING TERMS:  MERCHANDISE

 

Pricing and Payments

All prices are in Australian Dollars. Advance payment in full via Visa or MasterCard is required. Prices are subject to change from time to time in Meraki Gifts & Co’s sole discretion.

 

Order Processing

All orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed.

 

Shipping

Orders that contain only in-stock items are typically shipped within one (1) to three (3) business days, shipping may be slightly delayed on days that are holidays. Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. Meraki Gifts & Co is not responsible for non-receipt of orders that have been deemed delivered. Meraki Gifts & Co is also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the signup procedure. Domestic and International Shipping is handled by AUSTRALIA POST (DATA POST), USPS and/or FedEx and is up to Meraki Gifts & Co’s discretion. Meraki Gifts & Co will only use shipping methods with online real time tracking systems with tracking numbers. The “ship to” address may not be a P.O. Box or your order will be considered an “Undeliverable Package” (see the Undeliverable Packages section below).

DOMESTIC SHIPPING (AU): The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery domestic timeframe are three (3) to ten (10) business days.  If you have not received your delivery, you must contact us within sixty (60) days of purchase or we will not be obligated to re-ship.

INTERNATIONAL SHIPPING (Outside the AU):  The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for international orders is two (2) to four (4) weeks but please allow up to six (6).  If you have not received your delivery, you must contact us within sixty (60) days of purchase or we will not be obligated to re-ship.

We do not ship COD. You are responsible for any and all duties and taxes incurred upon delivery. If you refuse to pay duties and taxes your order will be returned to Meraki Gifts & Co , you will be required to pay a $5.00 return fee, and you will receive a credit for the subtotal of the order but will not be refunded the cost of shipping and handling or (if applicable) gift wrap.

 

Refunds, Returns and Exchanges

If you have received damaged, defective or incorrectly shipped merchandise, please contact Customer Service (On Contact Us web pages of this site) and return the product within 60 days of receipt following the Return/Exchange Instructions below. We will gladly replace or refund the merchandise without additional charge upon return. If you have ordered incorrectly or are not happy with your purchase, please follow the Return/Exchange Instructions below (and on your packing slip). On these returns, original shipping and handling charges are not refundable and you will be responsible for all costs associated with return shipment, including a $5.00 restocking fee. Meraki Gifts & Co will not accept any items for return or exchange after 60 days from receipt.

 

Note: That for orders shipped via a non-trackable method we won't be able to determine receipt date and Meraki Gifts & Co is not obliged to accept returns or exchange and is also not responsible for any items returned to us via a non-trackable delivery method that go missing in transit.

Note: We highly recommend that the items be returned to us using a mail service that provides tracking or insurance.

 

Please include the following in your email to Customer Service and in your return:

* Your order confirmation number

* Your first and last name

* Your mailing address

* Your phone number

* What you are returning and why

* How you would like us to handle your return or exchange.

 

Customer Service email address: info@merakigiftsco.com or contact us

Returns mailing address:

 

Once your return has been received by us, we will exchange your item or credit your credit card accordingly. Please allow 3-4 weeks for your return to be processed.

 

Items That Cannot Be Returned or Exchanged:

Unfortunately the items listed below cannot be refunded, returned, or exchanged. All sales of these items are final except only in the case of a manufacturer's defect, backorder (see section below), unshipped pre-order (see section below), or undeliverable package (see section below).

 

* Any apparel item deemed by Meraki Gifts & Co to show obvious signs of use

* Any physical media/items (Beverages and Confectionary Items that are included in the box, Packaging) that has been opened (removed from its plastic wrap)

* Any downloadable media

* Any item that is not in its original condition for reasons not due to an error on Meraki Gifts & Co’s part.

 

Meraki Gifts & Co will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to Meraki Gifts & Co (see the Undeliverable Packages section below for details). Meraki Gifts & Co will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete.

 

Backorders

If all of the items included in your order are out of stock you will be notified via e-mail that your order has been cancelled due to lack of inventory and you will be issued a full refund of your order total (including shipping and handling, gift wrap and tax).

If some but not all of the items included in your order are out of stock you will be notified via e-mail that your order has been placed on hold due to lack of inventory and you will be asked to advise Meraki Gifts & Co to: 

1. Hold your entire order until the item or items that are out of stock are re-stocked; OR

2. Ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than item originally ordered and will be subject to approval by Meraki Gifts & Co ); OR

3. Ship the items that are in stock, issue a full refund for the item or items that are out of stock, and issue a partial refund for the cost of shipping and handling and (if applicable) tax; OR

4. Cancel your entire order and issue a full refund of your order total (including shipping and handling, gift wrap and tax).

Meraki Gifts & Co will hold your entire order until either (a) you respond to this email or (b) the item or items that are out of stock are re-stocked.

 

Undeliverable Packages

If for any reason your order is classified as undeliverable and returned to Meraki Gifts & Co you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and (if applicable) gift wrap will not be refunded. Meraki Gifts & Co will not re-ship any order that is classified as undeliverable and returned to us. 

 

Tax (GST)

In accordance with Australian Tax law, when required we will charge the apopriate GST fees (Goods and Services Tax) of 10% to all Sales made within Australia and 15% goods being shipped to New Zealand. International customers are exempt of GST.  

 

Customer Service  

Our customer service office is open from 10am - 5pm AEDT Time, Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Meraki Gifts & Co Customer Service. We endeavour to answer all responses within two (2) business days, but please allow longer.

 

 

3. ADDITIONAL TERMS AND CONDITIONS

 

Technical Requirements

In order to use the Services, we recommend the hardware and software specified below. Meraki Gifts & Co is not responsible for any failure to operate the Meraki Gifts & Co Services resulting from you not using the recommended hardware and software.

 

Computer:

Any computer with the Windows (version Vista SP2, or Windows 7 or higher) or Mac OS X (version Lion 10.7 or higher) operating system; and Your computer must meet the minimum technical requirements of the supported Web Browser Software listed below

 

Web Browser Software:

Microsoft Internet Explorer: the current version available at microsoft.com/ie and the immediately preceding major version 

Mozilla Firefox: the current version available at getfirefox.com and the immediately preceding major version 

Apple Safari the current version available at apple.com/safari and the immediately preceding major version

Google Chrome: the current version available at google.com/chrome and the immediately preceding major version

 

In addition to using one of the aforementioned browsers, the below features must be enabled. Please refer to your browser’s documentation for information on how to enable these features.

 

Cookies

JavaScript

 

Personal and Non Commercial Use Only

You may use the Meraki Gifts & Co services for your own personal and non-commercial purposes only. Each Meraki Gifts & Co account is to be used by a single user only and you may not share or allow or permit anyone else to use your Meraki Gifts & Co account to access the Meraki Gifts & Co Services.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Meraki Gifts & Co Services except as expressly provided in this TERMS OF SERVICE.

 

Illegal and/or unauthorised use of Meraki Gifts & Co Services is prohibited, including, but not limited to (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) unauthorised framing of or linking to a Meraki Gifts & Co Site or part thereof; and (iii) placing advertising or attempting to collect revenue from advertisements placed on user profiles or other areas of a Meraki Gifts & Co Site. Except as expressly authorised per a written agreement with Meraki Gifts & Co, commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited, and Meraki Gifts & Co reserves the right to remove them from user profiles or other areas of a Meraki Gifts & Co Site without notice at our sole discretion; and such unauthorised advertisement or solicitation may result in termination of user registration, membership and other privileges, again, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorised use of Meraki Gifts & Co Services.

 

Delay or Failure to Provide Services

Meraki Gifts & Co is not responsible for any delay or failure to provide content, materials or other Services where such delay or failure is due to causes outside of Meraki Gifts & Co control, including, but not limited to, system downtime, internet connectivity issues, power outages, and failure of a particular recording artist, band, celebrity, public figure, brand, or other Meraki Gifts & Co client or their management to make materials available to Meraki Gifts & Co in a timely manner.  Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.

 

Third-Party Sites, Services and Functionality

Meraki Gifts & Co Sites may incorporate, embed and/or contain links to other websites, services and functionality controlled or operated by persons and companies other than Meraki Gifts & Co (“Incorporated Services”). The Incorporated Services are not under the control of Meraki Gifts & Co and Meraki Gifts & Co is not responsible for the contents, operation or failure to operate of any Incorporated Services. Meraki Gifts & Co is not responsible for web casting or any other form of transmission received from any Incorporated Service, nor is Meraki Gifts & Co responsible if the Incorporated Service is not working correctly. The inclusion of any Incorporated Service does not imply endorsement by Meraki Gifts & Co or any association with its operators. You are responsible for viewing and abiding by the privacy policy and terms of service posted by the Incorporated Services.  You are solely responsible for any dealings with third parties (including advertisers) who support the Meraki Gifts & Co Services or are identified on Meraki Gifts & Co Sites, including the delivery of and payment for goods and services.

 

Feedback and Suggestions Submitted To Meraki Gifts & Co

Meraki Gifts & Co wants your voluntary feedback and suggestions regarding the Services so that we can continually improve the Services for you and other customers. When you submit feedback and suggestions, please understand that Meraki Gifts & Co needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to Meraki Gifts & Co, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Meraki Gifts & Co  and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.  These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Meraki Gifts & Co use of the materials contained within such feedback or suggestions. Meraki Gifts & Co is under no obligation to post or use any materials you may provide and may remove such materials at any time at Meraki Gifts & Co sole discretion.  This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Meraki Gifts & Co Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Privacy Policy. 

 

Software Available on the Meraki Gifts & Co Services

All software (if any) that is made available to view and/or download from the Services (“Software”) is owned by and is the copyrighted work of Meraki Gifts & Co and/or its suppliers, licensors or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Meraki Gifts & Co hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Meraki Gifts & Co Services in accordance with these Terms of Service, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Meraki Gifts & Co and/or its suppliers, licensors or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

 

Warranty Disclaimer

MERAKI GIFTS & CO AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE MERAKI GIFTS & CO SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MERAKI GIFTS & CO AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

Limitation of Liability

IN NO EVENT SHALL MERAKI GIFTS & CO , ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MERAKI GIFTS & CO SERVICES, WITH THE DELAY OR INABILITY TO USE THE MERAKI GIFTS & CO SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE MERAKI GIFTS & CO SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MERAKI GIFTS & CO SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF MERAKI GIFTS & CO OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MERAKI GIFTS& CO SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MERAKI GIFTS & CO SERVICES.  In no event will Meraki Gifts & Co liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Meraki Gifts & Co Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

 

Termination and Restriction of Access

Meraki Gifts & Co reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Meraki Gifts & Co Services or any portion thereof at any time, without prior notice. Meraki Gifts & Co may also terminate or suspend your access to the Meraki Gifts & Co Services for breach of this TERMS OF SERVICE or inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Meraki Gifts & Co.  Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the Meraki Gifts & Co Services, Meraki Gifts & Co will not terminate your access to the Meraki Gifts & Co Services prior to the expiration of your subscription period without good cause unless it refunds a pro-rata portion of amount paid for the subscription.  Good cause includes, but is not limited to, your breach of this TERMS OF SERVICE or the discontinuation of the particular site or other Service for which you purchased a subscription.  If your Meraki Gifts & Co Services subscription is terminated for good cause, or if you cancel your Meraki Gifts & Co Services subscription prior to the expiration of the subscription period for any reason, Meraki Gift & Co will not refund to you any fees paid in advance of such termination or cancellation.  Upon termination of your Meraki Gifts & Co account, your right to use the Meraki Gifts & Co Services immediately ceases and all benefits associated with your membership are immediately terminated.  Any cancellation or termination by you or Meraki Gifts & Co shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination.  Any or all of the Meraki Gifts & Co Services, including but not limited to any subscription site, may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your paid membership or subscription, if any.  With respect to shows and events, Meraki Gifts & Co reserves the right, in its sole discretion, to refuse you admittance to any show or event associated with or related to the Meraki Gifts & Co Services, including, but not limited to, concerts, festivals, parties, meet & greets, gatherings, press conferences, meetings, or any other scheduled or unscheduled event.  

 

Dispute Resolution:  BINDING ARBITRATION 

Any dispute or controversy between you and Meraki Gifts & Co (or any assignee or other successor-in-interest of Meraki Gifts & Co ) in any way arising out of, related to, or connected with this TERMS OF SERVICE, the Privacy Policy, or the Meraki Gifts & Co Services, shall be resolved through final and binding arbitration in Oakland, California.  In the event of such arbitration, each party shall be responsible for paying its own costs and expenses incurred in connection therewith, including, but not limited to, attorneys’ fees.  The parties shall share equally the costs of the arbitration, including, but not limited to, the arbitrator’s fees and any and all other administrative costs of the arbitration. The parties each agree to submit to any federal or state court of appropriate jurisdiction located in Oakland, California, for purposes of compelling arbitration pursuant to this paragraph, or to enforce any interim or final award entered into by the arbitrator.  The arbitrator shall have no power to add to, subtract from, or modify in any way, the terms of this TERMS OF SERVICE. Notwithstanding the foregoing, for any violation of this TERMS OF SERVICE which may not be reasonably or adequately compensated by monetary damages, Meraki Gifts & Co shall be entitled to court mandated injunctive or equitable relief against your breach of this TERMS OF SERVICE, in addition to other remedies.

 

You and Meraki Gifts & Co agree that any dispute between you and Meraki Gifts & Co shall be limited to the dispute between Meraki Gifts & Co and you individually. To the full extent permitted by law, (1) no arbitration or litigation shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or litigated on a class-action basis or to utilise class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Miscellaneous

This TERMS OF SERVICE is governed by the laws of Australia, without regard to its rules pertaining to conflicts of laws. Meraki Gifts & Co makes no representation that materials on a Meraki Gifts & Co Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access a Meraki Gifts & Co Site or use Meraki Gifts & Co Services from other locations do so on their own initiative and are responsible for compliance with local laws.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Meraki Gifts & Co as a result of this TERMS OF SERVICE or use of the Meraki Gifts & Co Services.  You may not assign this TERMS OF SERVICE without the prior written consent of Meraki Gifts & Co.  Meraki Gifts & Co may assign this TERMS OF SERVICE, in whole or in part, at any time.  Meraki Gifts & Co performance of this agreement is subject to existing laws and legal process, and nothing contained in this TERMS OF SERVICE is in derogation of Meraki Gifts & Co right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Meraki Gifts & Co Services or information provided to or gathered by Meraki Gifts & Co with respect to such use. You agree to indemnify and hold Meraki Gifts & Co, its parents, subsidiaries, affiliates, officers, employees, suppliers and licensors harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Meraki Gifts & Co Services.  If any part of this TERMS OF SERVICE is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this TERMS OF SERVICE shall continue in effect. This TERMS OF SERVICE (including the documents expressly incorporated herein by reference; namely, the Privacy Policy) constitute the entire agreement between you and Meraki Gifts & Co with respect to the Meraki Gifts & Co Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Meraki Gifts & Co with respect to the Meraki Gifts & Co Services. A printed version of this TERMS OF SERVICE and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Intellectual Property Notices

Meraki Gifts & Co Sites and Meraki Gifts & Co Services, and all related technology and content are copyright by Meraki Gifts & Co or its suppliers or licensors. All rights reserved.

 

Last Updated: March 12, 2024