Terms of Use

1. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
• To impersonate or attempt to impersonate Memorableboutiqu, a Memorableboutiqu employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Memorableboutiqu or users of the Service or expose them to liability.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Service.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Service.

2. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Memorableboutiqu and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Memorableboutiqu.

All content, images, graphics, icons, text, software, design elements, logos, and other intellectual property on the Service are owned by us or our licensors and are protected by copyright and intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

3. User Content

Our Service may allow you to post, link, store, share, and otherwise make available certain information, text, images, or other material ("User Content"). You are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting User Content on or through the Service, you represent and warrant that:

• The User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms.
• The User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
• The User Content does not contain any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation.

We reserve the right to terminate the account of anyone found to be infringing on a copyright or other intellectual property right.

4. Limitation of Liability

To the fullest extent permitted by applicable law, Memorableboutiqu and its officers, directors, employees, agents, licensors, and affiliates will not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service; and
• Unauthorized access, use, or alteration of your transmissions or content;

whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

5. Dispute Resolution

If you have a complaint or dispute about our Service, we encourage you to contact us first to seek a resolution. Our customer service team can be reached at [email protected].

If the dispute cannot be resolved through our customer service channels, the following dispute resolution procedures shall apply:

• Informal Negotiations: First, try to resolve the dispute informally by contacting us with your concerns.
• Formal Dispute Resolution: If informal negotiations do not resolve the dispute within 30 days, either party may initiate mediation in Queensland, Australia, under the Commercial Mediation Rules of the Australian Disputes Centre.
• Legal Proceedings: If mediation does not resolve the dispute within 90 days, either party may initiate legal proceedings in the courts of Queensland, Australia.

6. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

7. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

8. Service Changes and Availability

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any service to which it connects, with or without notice and without liability to you.

We do not guarantee that the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.

9. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

10. Indemnification

You agree to defend, indemnify, and hold harmless Memorableboutiqu, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:

• Your access to or use of the Service;
• Your violation of these Terms;
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right; or
• Any claim that your User Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Service.

11. Contact Information

If you have any questions about these Terms, please contact us at:

Memorableboutiqu
49 Cypress Dr, Carrara QLD 4218
Australia
Email: [email protected]
Phone: +61755752200