SALE EVENTS - T&CS

SALE EVENT PERIOD - TERMS AND CONDITIONS

Final Sale Policy
All sales made during a sale event are final. We do not offer refunds on any items purchased during this period, only if deemed faulty. This includes storewide sale periods and discount codes greater than 10% off.

Exchange Policy
While we do not offer refunds, we are happy to accommodate size exchanges for items purchased during the sale, subject to the following conditions:
- Exchange requests must be made within 5 days of receiving the product.
- Items must be returned in their original condition, with all tags and packaging intact.
- Exchanges are subject to stock availability. If the desired size is not available, we may offer a credit note at our discretion.

No Additional Discounts
No other discounts, promotional codes, or offers can be applied to the sale event prices.

Product Availability
All items are offered for sale subject to available stock. In the event of supply difficulties, we reserve the right to withdraw any item from the sale at any time.

Shipping and Handling
Standard shipping and handling policies apply during the sale event. Please refer to our Shipping Policy for details.

Limitation of Liability
Mode Mischief Studios shall not be liable for any indirect or consequential losses related to the sale event purchases.

Amendments to Terms and Conditions
Mode Mischief Studios reserves the right to amend these Terms and Conditions at any time. Any such changes will be applicable to orders placed after the date of change.

Contact Us
For any questions regarding these Terms and Conditions, please contact us at info@modemischiefstudios.com.

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OVERVIEW

This website is operated by Mode Mischief Studios. Throughout the site, the terms “we”, “us” and “our” refer to Mode Mischief Studios. Mode Mischief Studios offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those 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.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We 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 your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including 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. Credit card information is always encrypted during transfer over networks.

You agree 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 by us.

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 site is not accurate, complete or current. The material on this site 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, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

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

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in 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, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We 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 these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site 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 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.

We 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 you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous 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. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

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 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, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (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 based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (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 or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

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

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your 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 Mode Mischief Studios, 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 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 your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, 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, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mode Mischief Studios and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-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 you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these 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 us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (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.

 

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at 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 your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@modemischiefstudios.com.

 

 

Section 21 - GIVE AWAY POLICY

Mode Mischief Studios Gift Voucher $1,000 Giveaway T&Cs

 

To enter: Complete form during the promotion period via:

Facebook / Instagram Ad

1. Information on how to enter and the Giveaway form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these
2. Entrants must sign up to the Mode Mischief Studios database.
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.
4. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
5. Incomplete, indecipherable or illegible entries will be deemed invalid.
6. Multiple entries permitted, subject to the following: (a) only one entry permitted; and (b) each entry must be submitted separately and in accordance with entry requirements.
7. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
8. Promotion begins 16.07.2024 and closes at the close of business on 31.07.2024.
9. The Promoter’s decision is final and no correspondence will be entered into.
   
   

MAJOR PRIZE

1. Total value of prize is AU $1,000 

1. The Major Prize has been sourced by Mode Mischief Studios
2. Prize is NON-TRANSFERABLE/NON-EXCHANGEABLE/NON-REPLACEABLE/NON-UPGRADEABLE and cannot be redeemed for cash.
3. The major prize winner will be notified by email on 15/08/2024. 
4. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize (or an element of the prize), then the prize (or that element of the prize) will be forfeited.
5. If the prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
   General
6. Total prize pool value is up to $1,000.00
7. The prize is not transferable or exchangeable and cannot be taken as cash.
8. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
9. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
10. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
11. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
12. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
13. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
14. Please note that entry into this competition is deemed automatic consent to be added to Mode Mischief Studios databases.
15. In the instance where the original winner doesn’t claim the prize then a redraw will take place, the redraw winner will be notified by email.
16. The re-draw will take place on 31.07.24
17. The Promoter is Mode Mischief Studios Pty Ltd ABN: 34 663 348 641

 

MAJOR PRICE (USA)

 

Mode Mischief Studios Gift Voucher USD $500 Giveaway T&Cs

 

To enter: Complete form during the promotion period via:

• Facebook / Instagram Ad

Terms and Conditions

1. Information on how to enter and the Giveaway form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these
2. Entrants must sign up to the Mode Mischief Studios database.
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.
4. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
5. Incomplete, indecipherable or illegible entries will be deemed invalid.
6. Multiple entries permitted, subject to the following: (a) only one entry permitted; and (b) each entry must be submitted separately and in accordance with entry requirements.
7. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
8. Promotion begins 10.10.2024 10:00 AEST and closes at the close of business on 01.11.24 23:59 AEST. 
9. The Promoter’s decision is final and no correspondence will be entered into.X
   
   

 

 

 

MAJOR PRIZE

1. Total value of prize is USD $500

Prize includes:

• Mode Mischief Studios Gift Voucher Valued at $500

1. This is subject to availability by Mode Mischief Studios and alternatives will be issued if sizes are not available
2. The Major Prize has been sourced by Mode Mischief Studios
3. Prize is NON-TRANSFERABLE/NON-EXCHANGEABLE/NON-REPLACEABLE/NON-UPGRADEABLE and cannot be redeemed for cash.
4. The major prize winners will be notified by email on 01.11.2024.
5. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize (or an element of the prize), then the prize (or that element of the prize) will be forfeited.
6. If the prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
   General
7. Total prize pool value is up to $500.00
8. The prize is not transferable or exchangeable and cannot be taken as cash.
9. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
10. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
11. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
12. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
13. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
14. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
15. Please note that entry into this competition is deemed automatic consent to be added to Mode Mischief Studios databases.
16. In the instance where the original winner doesn’t claim the prize then a redraw will take place, the redraw winner will be notified by email.
17. The re-draw will take place on 15.11.24 10:00a.m AEST.
18. The Promoter is Mode Mischief Studios Pty Ltd ABN: 34 663 348 641

 

SERVICE AGREEMENT

 

TERMS OF USE

Welcome to our website. This Terms of Use agreement (“Terms”) is between you (“you” or “your”) and Mode Mischief Studios Pty Ltd (“we,” “our,” “us,” or “Mode Mischief Studios”), and governs your access to and use of our website located at www.modemischiefstudios.com (and any successor site thereto) (the “Site”) and related services, including Mode Mischief Studios’ sale services and the Content (as defined below) (collectively, the “Services”). Each Site is a copyrighted work belonging to us. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the applicable Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

1. Changes

We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services (including access to the Site via any third-party links). We encourage you to check our Site periodically for the most current Service offerings. Similarly, we may update the Content, including descriptions and specifications about Products or Services, and we reserve the right to remove any Content at any time, for any reason, in our sole discretion, and without notice. Mode Mischief Studios will have no liability for any change in the Services or any suspension or termination of your access to Services.

We also reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site. The “Last Updated” legend above indicates when these Terms were last changed. At our discretion, we may also notify you of certain changes by sending you an email to the email address provided to Mode Mischief Studios. Your continued use of the Services, including purchasing Products from us, following any changes to these Terms will indicate your acknowledgment of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. If you do not agree with the new Terms, you may no longer access or use the Services.

2. Privacy

Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy at Privacy Policy.

3. Sales

If you purchase a Product through the Services, the purchase price for such Product (“Purchase Price”) will be equal to the purchase fee, applicable taxes, and shipping and delivery charges listed on the Service for the applicable Product at the time of purchase. Mode Mischief Studios, at its discretion and without notice, reserves the right to alter the price of the Product in view of the amount or availability of any discount, or the availability of any particular item. You authorize us (or our third-party payment processor) to charge your Payment Method for the Purchase Price when you purchase Products and we will charge your Payment Method the amount of the Purchase Price. We do not make, and expressly disclaim, any warranties of any kind with respect to any Product that you purchase, and such Product is provided on an “AS IS” basis.

4. Shipping

Please review our Shipping Policy at Shipping & Delivery.

5. Returns

Please review our Return Policy at Returns & Exchanges.

6. Ownership

All Content (defined below) included on this Site is and shall continue to be the property of Mode Mischief Studios or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights (“IP”). Any copying, redistribution, use, or publication by you of any such Content or any part of the Site is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

7. Intended Audience

The Site is intended for adults only. The Site is not intended for any children under the age of 13.

8. Trademarks

Mode Mischief Studios™ and others are either pending trademarks or registered trademarks of Mode Mischief Studios. Other product and company names mentioned on a Site may be trademarks of their respective owners.

9. Site Use

Mode Mischief Studios grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for any commercial use, republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products, or services in violation of any law. The use of this website is at our discretion and we may terminate your use of this Site at any time.

10. Content

Certain materials may be displayed or performed on the Site (including, but not limited to, text, graphics, articles, photographs, video, images, and illustrations (collectively, “Content”)). You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purposes whatsoever any Content or third-party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third-party right. Mode Mischief Studios reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence) or for no reason at all.

11. User Submissions

We may allow you and other users, at our discretion, to upload, post, or otherwise share to the Site Content, such as but not limited to photos, videos, audio files, feedback, comments, questions, or other information (collectively, “User Submissions”), all subject to other applicable provisions of these Terms. You are solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using the Site, and you represent and warrant that you have all rights necessary to contribute your User Submissions in the manner in which you contribute them, including but not limited to all IP rights. You hereby grant to Mode Mischief Studios an irrevocable, perpetual, nonexclusive, royalty-free, fully paid, worldwide, and transferable license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Submissions, including all associated IP, and to grant sublicenses of the foregoing rights. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. For clarity, the foregoing license grant to Mode Mischief Studios does not affect your ownership of or right to grant additional (other than exclusive) licenses to the material in your User Submissions, unless otherwise agreed in writing. Mode Mischief Studios may retain your Content even if you are no longer using the Services but is not required to provide copies of your Content to you. Mode Mischief Studios may permanently delete or erase your Content or suspend your access to your User Submissions through the Services at any time and for any reason.

12. Reproduction of Content

By purchasing products from Mode Mischief Studios, you explicitly agree that we may reproduce, use, and share any public content you create, post, or submit that features our products, across our social media platforms, website, and other marketing channels. This includes, but is not limited to, photos, videos, testimonials, and any other form of media. You grant us a perpetual, worldwide, royalty-free, and irrevocable license to use this content for promotional and marketing purposes without any further consent from you or any compensation. This consent is granted automatically with your purchase, and no additional actions will be required from you.

13. Your Warranty Regarding Your User Submissions and Use of Site

You warrant, represent, and agree that you will not contribute any User Submissions or otherwise use the Services in a manner that: (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance, or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, embarrassing, bullying, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Mode Mischief Studios; (v) contains a virus, Trojan horse, worm, time bomb, back door, or other harmful computer code, file, or program; (vi) jeopardizes the security of any Mode Mischief Studios’ Site, software, equipment, system, other user, or other resource; (vii) attempts, in any manner, to obtain the password, account, or other security information from any other user; (viii) violates the security of any computer network, or cracks any passwords or security encryption codes; (ix) runs Mail list, Listserv, or any form of auto-responder or “spam” on the Site, or any processes that otherwise interfere with the proper working of the Site (including by placing an unreasonable load on the Site’s infrastructure); (x) copies or stores any significant portion of the Content; or (xi) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site or any of Mode Mischief Studios’ other services.

14. Responsibility for Content

All User Submissions that you publicly post or privately transmit through the Site are your sole responsibility, and Mode Mischief Studios will not be liable for any errors or omissions in any Content. Mode Mischief Studios cannot guarantee the identity or intentions of any other users with whom you may interact in the course of using the Site or the truth, accuracy, nature, or authenticity of any of their User Submissions. You acknowledge that all User Submissions accessed by you using the Site are at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We cannot control and have no duty to take any action regarding how you or others may interpret and use the Content or what actions you or others may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

15. Third-Party Website Links and Referrals, Products, and Services

The Site may contain links to other websites operated by third parties (“Third-Party Sites”) and referrals to third-party vendors (“Referred Vendors”). Such Third-Party Sites and Referred Vendors, and their products and services (“Third-Party Products and Services”) are not under our control. Mode Mischief Studios provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Sites, Referred Vendors, or Third-Party Products and Services. Your use of these Third-Party Sites, Referred Vendors, and Third-Party Products and Services is at your own risk.

16. Release Regarding Third Parties

Mode Mischief Studios is not responsible for third parties or their products and services, including, without limitation, Third-Party Products and Services, Third-Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. Mode Mischief Studios hereby disclaims, and you hereby discharge, waive, and release Mode Mischief Studios and its licensors and suppliers from any past, present, and future claims, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.

17. Couriers

Mode Mischief Studios may from time to time engage third-party couriers (“Couriers”) to facilitate delivery of Products. Couriers are independent contractors and not employees, partners, agents, joint venturers, or franchisees of Mode Mischief Studios. Mode Mischief Studios shall not be liable or responsible for any delivery services provided by Couriers, or any errors or misrepresentations made by any of them. If you opt to have Products delivered by Courier, you agree to bear responsibility for receipt of Products shipped to the delivery location specified at the time of check-out. Mode Mischief Studios highly recommends that you provide a secure location where you can physically receive the Product(s), and Mode Mischief Studios does not bear liability for Products left unattended, by you, a Courier, or otherwise. You hereby acknowledge that Mode Mischief Studios does not supervise, direct, control, or monitor a Courier’s provision of services. Any interactions or disputes between you and a Courier are solely between you and that Courier. Mode Mischief Studios and its licensors shall have no liability, obligation, or responsibility for any interaction between you and any Courier.

18. Ratings and Reviews

Our Services may allow you to rate and post reviews of Products. Any ratings or reviews provided by you are considered User Submissions and are governed by these Terms. Ratings and reviews are not endorsed by Mode Mischief Studios and do not represent the views of Mode Mischief Studios or any affiliate or partner of Mode Mischief Studios. Mode Mischief Studios does not assume liability for any ratings and reviews or for any claims, liabilities, or losses resulting from or relating to ratings or reviews. We reserve the right to modify, remove, or exclude any rating and/or review for any reason at any time, without notice.

19. Consent to Receive Periodic Messages

By using the Services, you consent to receiving communications from us, including informational text messages to your phone number that you provide by any means, including through an automated telephone dialing system. You represent and warrant that you are the owner of the phone number that you provide to Mode Mischief Studios. Standard text messaging and data rates charged by your mobile carrier may apply to text messages we send you, and any and all such charges, fees, taxes, or costs are your sole responsibility. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying “STOP” to a text message you receive from us or by emailing [email@example.com]. You acknowledge that opting out of receiving communications may impact your use of the Services. Please note that you will need to opt out of communications for each Service that you may sign up for. You agree to indemnify and hold Mode Mischief Studios harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

20. Compliance with Laws

You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

21. Security

Mode Mischief Studios cares about the integrity and security of your personal information. However, Mode Mischief Studios does not represent, warrant, guarantee, or covenant that no unauthorized third parties will defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

22. Access Outside Certain Countries

Although the Site is accessible through the internet in many countries in the world, you understand and accept that the Site is not designed for use, and you agree not to provide any personally identifiable information to us, whether or not through the Site but including through contributing User Submissions, if you reside outside of Australia. Some or all of the features of the Site may not work or be appropriate for use in other countries. Without limiting the generality of the foregoing, you are not authorized to access the Services outside of Australia if you are a resident of a foreign country that observes privacy laws, rules, and regulations that are more stringent than those promulgated in Australia. If you choose to access the Site from outside Australia, you do so on your own initiative, and you are solely responsible for complying with applicable local law in your country, and you agree to defend, indemnify, and hold harmless Mode Mischief Studios from and against any and all claims, demands, suits, proceedings, losses, liabilities, damages, settlements, fines, penalties, costs, and expenses (including attorney’s fees) (collectively, “Claims”) arising from or relating to any breach by you of this section. To the extent permissible by law, Mode Mischief Studios accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Site, Mode Mischief Studios Products, or Services outside Australia. In any event, you will be bound by these Terms wherever you access or use the Site or Services.

23. Indemnification

You agree to defend, indemnify, and hold harmless Mode Mischief Studios and our affiliates, and our and their directors, officers, shareholders, partners, employees, representatives, agents, successors, and assigns from and against any Claims arising out of or related to your violation of these Terms or your use of the Site.

24. Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way without Mode Mischief Studios’ prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations (in whole or in part) without your consent or notice to you.

25. Disclaimer

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE INFORMATION ON THE SITE, SERVICES, PRODUCTS, CONTENT, AND ANY THIRD-PARTY MATERIALS THAT ARE PROVIDED BY MODE MISCHIEF STUDIOS (AND ITS LICENSORS AND SUPPLIERS) ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. MODE MISCHIEF STUDIOS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE ACCURATE, UNINTERRUPTED, TIMELY, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MODE MISCHIEF STUDIOS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

26. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL MODE MISCHIEF STUDIOS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR ANY CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.

27. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

28. Applicable Law

You agree that the laws of the state of Victoria, Australia, without regard to conflict of laws provisions, will govern these Terms and Conditions of Use and any dispute that may arise between you and Mode Mischief Studios or its affiliates.

29. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY.

Agreement to Arbitrate Disputes. Except as provided below, you and Mode Mischief Studios agree that any dispute, claim, or controversy arising out of or relating in any way to the Products and/or Services, these Terms, the Product Terms and Conditions, the Limited Warranty, or this Arbitration Agreement shall be determined by binding arbitration by a single arbitrator in accordance with this Section (“Arbitration Agreement”). Arbitration is generally more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Where so authorized, arbitrators can award the same damages and relief that a court can award. BY AGREEING TO THESE TERMS, YOU AGREE THAT THE AUSTRALIAN ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT, AND THAT YOU AND MODE MISCHIEF STUDIOS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Arbitration Agreement shall survive termination of the Terms.

Arbitration Notice. If you elect to seek arbitration, you must first send to Mode Mischief Studios, by certified mail, a written notice of your claim (“Arbitration Notice”). The Arbitration Notice to Mode Mischief Studios must be addressed to: Mode Mischief Studios Pty Ltd – Legal Department, 345 Flinders Ln, Melbourne, VIC 3000, Australia. Except as provided below, if Mode Mischief Studios initiates arbitration, it will send a written Arbitration Notice to the email address used for your Mode Mischief Studios account. An Arbitration Notice, whether sent by you or by Mode Mischief Studios, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Mode Mischief Studios and you do not reach an agreement to resolve the claim within 30 days after the Arbitration Notice is received, you or Mode Mischief Studios may commence an arbitration proceeding by thereafter filing a copy of the Demand with the Australian Dispute Resolution Association (“ADRA”) at the following ADRA office nearest to the hearing location specified below (“Arbitration Notice Address”).

Filing Fees. You may download or copy a form Arbitration Notice and a form to initiate arbitration at www.adr.org.au. If you are required to pay a filing fee, after Mode Mischief Studios receives notice from the ADRA that you have commenced arbitration by filing your Demand at the Arbitration Notice Address, Mode Mischief Studios will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than AUD$10,000, in which event you will be responsible for filing fees.

Australian Dispute Resolution Association. The arbitration will be governed by the Consumer Arbitration Rules (collectively, “ADRA Rules”) of the ADRA, as modified by this Agreement, and will be administered by the ADRA. The ADRA Rules and Forms are available online at www.adr.org.au, by calling the ADRA at 1-800-778-7879 during normal business hours, or by writing to the Arbitration Notice Address. Unless otherwise agreed to, all arbitration proceedings shall be held in English. The arbitrator is bound by the terms of this Agreement which shall govern over the ADRA Rules and the Australian Arbitration Act. Except as provided below, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. Unless Mode Mischief Studios and you agree otherwise, any arbitration hearings will take place in Melbourne, Victoria.

Telephonic/In-Person Hearing. If the Demand is for AUD$10,000 or less, the arbitration will be conducted, at the option of the party that made the first Demand, solely on the basis of documents submitted to the arbitrator, or through a telephonic hearing, or through a hearing by videoconference. If the Demand exceeds AUD$10,000, the right to a hearing will be determined by the ADRA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall have the authority to grant motions dispositive of all or part of any claim, to award monetary damages, and to grant any non-monetary remedy or relief available to a single individual or entity (and not a class or as a private attorney general) under applicable law, the ADRA Rules, and the Terms. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the ADRA Rules. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. For the avoidance of doubt, the foregoing shall not prevent a party from submitting to a court of law information necessary to enforce this Agreement or an arbitration award, or to seek injunctive or equitable relief as may be permitted by these Terms.

Claims Only In Individual Capacity. YOU AND MODE MISCHIEF STUDIOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and Mode Mischief Studios agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Changes to Arbitration Agreement. If Mode Mischief Studios makes any changes to this Arbitration Agreement (other than a change to its Arbitration Notice Address or other contact information), you may reject any such change by sending us written notice within 30 days of the change to Mode Mischief Studios at its address specified above. By rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement, as modified by any changes you did not reject.

Limitation of Liability and Waiver of Legal Claims

To the fullest extent permitted by applicable law:

1. No Legal Action: By purchasing products from Mode Mischief Studios, you agree that any and all disputes, claims, or controversies arising out of or related to your purchase, including any claims for product defects, misrepresentation, or any other reason, shall be resolved exclusively through binding arbitration as outlined in the Arbitration Agreement above. You expressly waive any right to bring legal action in court, including but not limited to, claims for damages, product liability, or breach of warranty.
2. Waiver of Class Action and Jury Trial: You waive the right to participate in any form of a class or collective lawsuit and the right to a jury trial. All disputes shall be resolved on an individual basis.
3. Limited Remedies: Your sole and exclusive remedy for any issues or dissatisfaction with the product(s) purchased from Mode Mischief Studios is a refund or replacement of the product, at Mode Mischief Studios' discretion. In no event shall Mode Mischief Studios, its directors, officers, employees, or agents be liable for any damages, whether direct, indirect, incidental, consequential, special, or exemplary, arising from or in any way related to your purchase or use of the products.
4. Limitation of Damages: In the event that any arbitration proceeding finds Mode Mischief Studios liable for any damages, the total liability to you shall not exceed the amount paid by you for the product in question. Under no circumstances shall Mode Mischief Studios be liable for any indirect, punitive, incidental, or consequential damages, including but not limited to loss of profits, loss of business, or loss of goodwill.
5. Exclusion of Implied Warranties: All products are provided on an "as-is" basis, and Mode Mischief Studios disclaims any and all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
6. Binding Agreement: By completing a purchase on our Site, you acknowledge that you have read, understood, and agreed to these Terms of Use, including this Limitation of Liability and Waiver of Legal Claims. You further agree that this clause is fair and reasonable and that it shall be binding on you and your heirs, successors, and assigns.

30. Protection of Confidentiality and Intellectual Property Rights

Notwithstanding the provisions of the Arbitration Agreement, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s IP or confidential information shall not be subject to the Arbitration Agreement (“IP Claims”). Except for IP Claims, and notwithstanding the provisions of the Arbitration Agreement, either you or Mode Mischief Studios may bring an individual action in small claims court. In all court cases, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts in and for Melbourne, Victoria, and consent to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.

31. Use of Information

Mode Mischief Studios reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

32. Copyrights and Copyright Agent

The Australian Copyright Act provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Australian copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to Mode Mischief Studios a written notice by mail or email requesting that Mode Mischief Studios remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Act permits you to send to Mode Mischief Studios a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the Act. Notices and counter-notices must be sent in writing to Mode Mischief Studios as follows: by email to legal@modemischiefstudios.com.au.

33. Severability

If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid under applicable law in such jurisdiction, such provision or part thereof shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect, and will be deemed to not form part of the contract between us but only in such jurisdiction. The legality, validity, or enforceability of the remainder of these Terms will remain in full force and effect in all other jurisdictions.

34. Taxes

You will be responsible for paying, withholding, filing, and reporting all federal, state, and local goods taxes, duties, customs, levies, and other governmental assessments associated with your activity in connection with the Services, provided that Mode Mischief Studios may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

35. Waiver

The failure of Mode Mischief Studios to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by Mode Mischief Studios must be in writing and signed by an authorized representative of Mode Mischief Studios.

36. Delays

There may be delays, omissions, or inaccuracies in the Services, including the Content. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that Mode Mischief Studios is not, and will not be, liable for any such delays, omissions, inaccuracies, or unavailability.

37. Termination

We may terminate these Terms at any time, with or without notice, for any reason.

38. Relationship of the Parties

Nothing contained in these Terms or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

39. Electronic Communications

You are communicating with Mode Mischief Studios electronically when you use the Site or send an email to Mode Mischief Studios. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

40. Force Majeure

Mode Mischief Studios will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a contract that is caused by an act or event or circumstance beyond our reasonable control, including, without limitation, acts of God, strikes, lock-outs, or other industrial action by third parties, civil commotion, riots, actual or threatened acts of terrorism, war, fire, explosion, storm, flood, earthquake or other natural disaster, loss of power or connectivity, interruption or delay in transportation or travel, equipment failure, accident, epidemic, or other widespread disease, new government restrictions or regulations, shelter-in-place orders, quarantines, government shutdown, malfeasance or breach by third-party suppliers.

41. Interpretation

Headings are for convenience only and are not to be used in the interpretation of this Agreement. No part of these Terms shall be construed in favor of or against a party as a consequence of a party having had a greater role in the preparation or drafting thereof but shall be construed as if the language were mutually drafted by both parties with the full assistance of counsel.

42. Copyrights

These Terms, and all content (whether or not a work made for hire) for which Mode Mischief Studios owns the copyright, including on any Site or as provided through any Product or Service, are protected by applicable Australian and foreign law. Copyright © [Year], Mode Mischief Studios Pty Ltd. All rights reserved. Any unauthorized use may be subject to prosecution.

43. Trademark Information

All trademarks, logos, and service marks (“Marks”) displayed on the Products and Services are the property of Mode Mischief Studios or their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Mode Mischief Studios or such respective holders. Mode Mischief Studios reserves the right to alter product and services offerings, specifications, and pricing at any time without notice and is not responsible for typographical or graphical errors that may appear in this or in related documents.

44. Entire Agreement

This Terms of Use constitutes the entire agreement between you and Mode Mischief Studios and governs the terms and conditions of your use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Mode Mischief Studios with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use a Site. Mode Mischief Studios may revise these Terms of Use at any time by updating and posting these Terms on the Site. Accordingly, you should visit the Site and review the applicable Terms periodically to determine if any changes have been made. Your continued use of the Site after any changes have been made to its Terms of Use signifies and confirms your acceptance of any such changes or amendments to such Terms.

45. Notice to Australian Consumers

As a consumer residing in Australia, the following terms apply and override any inconsistent terms in the Terms.

1. Paragraph 25 – Disclaimers.The Warranty Disclaimer included within Paragraph 25 is modified by adding the following:

“However, the Site, Content, and the materials, products, and services on this Site come with certain guarantees that cannot be excluded for the benefit of Australian customers under Australian consumer law (“ACL”), including guarantees as to the acceptable quality and fitness of purpose of products. Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right, or remedy implied by the ACL and which by law cannot be excluded, restricted, or modified, even if any other term of these Terms would otherwise suggest that this might be the case.”