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Terms and Conditions

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The meanings attributed to words with capitalised initial letters are universally defined under the given conditions.

The meanings assigned to these definitions remain consistent, irrespective of whether they are presented in the singular or plural form.

Definitions

For these Terms and Conditions:

Affiliate refers to an entity that exercises control over, is subjected to control by, or shares common control with another party. In this context, "control" signifies the ownership of 50% or more of the shares, equity interest, or any other securities that hold the right to vote for the selection of directors or other governing authorities.

An account is a personal user account created exclusively for you to access our Service or specific services provided by us.

The Organisation (hereinafter referred to as "the Company," "We," "Us," or "Our" throughout this Agreement) refers to Sorry, I Was on Mute, Fishburners, level 2/11 York St, Sydney NSW 2000

Content encompasses various forms of data, including text, images, or any other informational material that You have the ability to post, upload, link to, or make accessible in any manner.

Country refers to: Australia

Feedback encompasses the provision of feedback, suggestions, or innovative ideas sent by You pertaining to the attributes, performance, or features of our Service.

Goods pertain to the merchandise or items made available for purchase on our Service.

Orders denote a request made by You to procure Goods from Us.

Promotions encompass contests, sweepstakes, or other promotional activities offered through our Service.

Service pertains to the Website through which our offerings are made accessible.

Subscriptions refer to the services or access to the Service provided by the Company to You on a subscription basis.

Terms and Conditions (also referred to as "Terms") encompass these comprehensive Terms and Conditions, which serve as the complete agreement between You and the Company concerning the use of the Service.

Third-party Social Media Service encompass any services or content (including data, information, products, or services) offered by third-party entities that may be displayed, incorporated, or made accessible through the Service.

Website refers to Sorry, I was on Mute, accessible from https://www.sorryonmute.com/

You refers to the individual who accesses or utilises the Service, or the organisation or legal entity on whose behalf the individual accesses or utilises the Service, as applicable.

Acknowledgment

These Terms and Conditions serve as the governing agreement between You and the Company, outlining the regulations for using this Service. They establish the rights and responsibilities of all users in relation to the Service.

Your access to and use of the Service are contingent upon Your acceptance and adherence to these Terms and Conditions. These Terms and Conditions are applicable to all visitors, users, and other individuals who access or use the Service.

By accessing or using the Service, You indicate Your consent to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, You are not permitted to access the Service.

Furthermore, Your access to and use of the Service are subject to Your acceptance and compliance with the Company's Privacy Policy. Our Privacy Policy outlines Our practises and protocols concerning the collection, usage, and disclosure of Your personal information when utilising the Application or the Website. It also informs You of Your privacy rights and legal protections. We encourage You to carefully review Our Privacy Policy before using Our Service.

Placing Orders for Goods

By initiating an Order for Goods via the Service, You affirm that You possess the legal capacity to enter into enforceable contracts.

Your Information

If You intend to place an Order for Goods accessible on the Service, it may be necessary for You to provide specific information pertaining to Your Order. This information may include, but is not limited to, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping details.

By proceeding with the Order, You affirm and assure that: (i) You possess the lawful authority to utilise any credit or debit card(s) or other payment methods (s) in connection with the Order; and (ii) the information You furnish to us is accurate, truthful, and complete.

Upon submission of such information, You grant us the authorization to disclose the information to third-party payment processors for the purpose of facilitating the fulfilment of Your Order.

Order Cancellation

We retain the right to reject or terminate Your Order under certain circumstances, including but not limited to:

  • Unavailability of the Goods
  • Inaccuracies in the description or pricing of the Goods
  • Inaccuracies in Your Order

We maintain the right to decline or cancel Your Order if there is suspicion of fraud or an unauthorised or unlawful transaction.

Your Order Cancellation Rights

The return of any purchased Goods is subject to compliance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy constitutes an integral part of these Terms and Conditions. We encourage You to review our Returns Policy to familiarise Yourself with your right to cancel Your Order.

Please note that Your entitlement to cancel an Order exclusively applies to Goods that are returned in their original condition, accompanied by all relevant product instructions, documents, and packaging. Goods that have been damaged or are not in the same condition as when received, or have been worn beyond the initial opening of the original packaging, will not be eligible for a refund. It is, therefore, essential to exercise reasonable care over the purchased Goods while they are in Your possession.

We will initiate reimbursement no later than 14 days from the date of receiving Your notice of order cancellation. The reimbursement will be made using the same payment method You used for the Order, without any additional charges incurred by You.

Please note that You do not possess the right to cancel an Order for the supply of the following Goods:

  • Goods produced according to Your specifications or clearly personalised
  • Goods that, due to their nature, are unsuitable for return, deteriorate rapidly, or have exceeded their expiration date.
  • Goods that are unsuitable for return due to health protection or hygiene reasons and have been unsealed after delivery.
  • Goods that, after delivery, have become inseparably mixed with other items due to their nature.
  • Digital content that is not provided on a tangible medium, if performance has commenced with Your explicit consent, and You have acknowledged the loss of your right to cancel.

Availability, Errors, and Inaccuracies

We continuously update the assortment of Goods offered on our Service. It is possible that the Goods available on our Service may be inaccurately described, mispriced, or unavailable. Additionally, there may be delays in updating information regarding our Goods on the Service and in our advertisements on external websites.

We are unable to provide a guarantee regarding the accuracy or comprehensiveness of any information, including prices, product images, specifications, availability, and services. We retain the right to modify or update information, as well as rectify errors, inaccuracies, or omissions without prior notice.

Content

Your Right to Post Content

Our platform enables users to share content. You are solely responsible for the content you post on the platform, ensuring its legality, reliability, and appropriateness.

By posting content on our platform, you grant us a licence to use, modify, publicly perform, publicly display, reproduce, and distribute the content within the platform. You retain all rights to the content you submit, post, or display on the platform, and it is your responsibility to protect those rights. This licence also allows other users of the platform to access and use your content in accordance with these terms.

You affirm that you either own the content you post or have the necessary rights and permissions to grant us the licence described in these terms. Furthermore, you confirm that posting your content on the platform does not infringe upon the rights of any person, including privacy rights, publicity rights, copyrights, or contract rights.

Content Restrictions

The Company holds no responsibility for the content generated by users of the Service. It is explicitly understood and agreed that you bear sole responsibility for the content you create and for any activities carried out under your account, whether by you or any third party using your account.

You are prohibited from transmitting any content that is illegal, offensive, disturbing, intended to incite disgust, threatening, defamatory, libellous, obscene, or otherwise objectionable. Examples of such objectionable content include, but are not limited to:

  • Unlawful or content promoting unlawful activities.
  • Defamatory, discriminatory, or malicious content targeting religion, race, sexual orientation, gender, national/ethnic origin, or other specific groups.
  • Spam, randomly generated content, unauthorised solicitation, chain letters, or any form of unauthorised advertising, lottery, or gambling.
  • Content containing viruses, worms, malware, trojan horses, or any other elements designed to disrupt, damage, or restrict the functioning of software, hardware, or telecommunications equipment, or to gain unauthorised access to third-party data or information.
  • Content infringing upon the proprietary rights of any party, including patents, trademarks, trade secrets, copyrights, rights of publicity, or other rights.
  • Impersonating any individual or entity, including the Company, its employees, or representatives.
  • Violating the privacy of any third party.
  • Spreading false information or engaging in deceptive practises.

The Company reserves the right, at its sole discretion, to determine the appropriateness of any content and its compliance with these terms. The Company may refuse or remove content it deems inappropriate and reserves the right to format, edit, or modify any content. In cases of objectionable content, the Company may also restrict or revoke your use of the Service.

Content Backups

While the Company conducts regular backups of Content, it cannot guarantee that there will be no data loss or corruption.

The occurrence of corrupt or invalid backup points may result from various factors, including but not limited to Content that was already corrupted before being backed up or content that undergoes changes during the backup process.

The Company is committed to providing support and addressing any known or identified issues that may impact the backup of Content. However, you acknowledge and agree that the Company bears no liability regarding the integrity of Content or the successful restoration of Content to a usable state.

To mitigate potential risks, you are responsible for maintaining a complete and accurate copy of all Content in a separate location, independent of the Service.

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