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Terms of Service


OVERVIEW
This website is operated by PeekyMe. Throughout the site, the terms “we”, “us” and “our” refer to PeekyMe. peekyme 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 peekyme, 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 peekyme 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 hello@peekyme.com.au.
 
Terms and Conditions
Please read the following terms, conditions, exclaimers and limitations of liability carefully. By accessing, using or browsing either of the sites www.peekyme.com.au or www.peekyme.com (“Site”), and/or by placing an Order, you acknowledge and represent that you have read the Terms, you understand the Terms, you agree to be bound by the Terms and you are over the age of 18 years. If you do not agree to any of the Terms, you are required to leave the Site immediately. We reserve the right to amend and/or update the Terms at any time without prior notice to you.
1. Using the PeekyMe Site
a. You agree not to use the Site to:
i. violate any local, state, national or international law;
ii. stalk, harass or harm another individual; 
iii. collect or store personal data about other users; or
iv. impersonate any person or entity, or otherwise misrepresent your affiliation
with a person or entity.
b. You may be able to access websites, content, products or services provided by
third parties through links that are made available on the Site (“Third Party
Links”).
c. If you elect to use Third Party Links, you understand that your use of them will be
subject to any terms and conditions required by the applicable third party
provider(s).
d. You understand that we are not the provider of, and are not responsible for, any
such Third-Party Links and that these Terms do not themselves grant you any
rights to access, use or purchase through any Third Party Links.
2. Your information
a. When ordering products from the Site, you are required to provide to us personal and billing information such as your name, address and credit card details. If you order a PeekyMe subscription, you must also provide additional information regarding your child, such as name and date of birth. The information provided by you will be solely used to offer products and services appropriate for your child’s age group.
b. By ordering products from the Site, you agree that all information provided to
PeekyMe when using the Site is truthful and accurate, and agree to update your
information if its changes.
3. Our products
a. All products for sale on the Site (“Products”), their descriptions and prices are subject to change.
b. Prices are in Australian Dollars (AUD) and include Goods & Services Tax (GST).
c. To get an indicative conversion from Australian Dollars to your local currency, click here for a currency converter.
d. We reserve the right to modify, suspend or discontinue the sale of any Product at any time without prior notice to you.
e. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the sale of any Product.
4. Ordering products/subscriptions
a. You agree to pay all costs incurred by you (including but not limited to the retail price of the Product(s) ordered, all applicable government taxes and charges, delivery costs, insurance and/or credit card charges) when you place an order on the Site (“Order”).
b. We reserve the right to accept, decline or cancel an Order (in whole or in part) in our sole discretion for any reason.
c. Your receipt of an Order confirmation from us does not constitute an acceptance of your Order, nor confirmation of an offer to sell.
d. We reserve the right to request additional information from you before fulfilling
your Order.
e. Payment in full by credit card and address verification are required prior to your
Order being shipped.
f. We reserve the right to cancel an Order if the advertised retail price and/or
applicable taxes and charges are incorrect (due to a typographical error, an error in pricing, or an error in product information received from our suppliers). 
g. If your Order is cancelled for whatever reason, we agree to:
i. issue a credit to your credit card account in the amount charged for the cancelled
portion (if your credit card has already been charged for the Order); or
ii. not charge your credit card for the cancelled portion of the Order.
h. If you order a subscription to a Product that auto-renews periodically
(“Subscription”), then you agree to pay the applicable Subscription Price,
delivery fees, and taxes upon each auto-renewal date, until you terminate your
Subscription in accordance with the directions on the Site. 
i. If your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price.
j. We will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorise us to do so. 
5. Shipping Policy
a. Products will be shipped in accordance with the shipping method you selected when placing the order.
b. Shipping costs will be calculated based on the type of product ordered and the
destination shipping address.
c. Any delivery dates provided by us are estimates.
d. We reserve the right to make deliveries in instalments. 
e. Party Pack Products and one (1) month gift subscriptions will be shipped within
seven (7) business days from the date of receipt of your order to the address you
submit when placing your Order. All other Products will be shipped on or about the 10th of every month to the address you submit when placing your Order.
f. We are not responsible for service transit time. The length of time it takes for you to receive your Order will depend on the shipping destination address. For orders within Australia, delivery will be between 2 to 4 working days for standard delivery and next day delivery for express orders. For international deliveries, please allow between 6 to 12 working days for standard delivery.
g. We reserve the right to charge an additional $15 shipping fee if you request that any Products be re-shipped, whether because you originally submitted an incorrect address when you placed your order with the Company or otherwise. 
h. We do not accept any responsibility for any loss or damage arising from Products lost, stolen or damaged once the Products have been delivered to the carrier. You agree to be responsible for filing any claims with the carrier for lost shipments.
6. International Orders
a. We are not responsible for any duties, tariffs, customs charges or additional charges levied by your country of entry.
b. We are not responsible for any additional charges once the Products you ordered have left Australia.
c. Should charges be levied in your country, and should you refuse to pay them, your credit card will be charged for all outgoing and return charges that may be incurred by us as a result.
d. When the returned Products are received by us, your credit card will be credited for value of the Products only.
e. If you have questions regarding customs or duties charges and procedures in your country, it is your responsibility to research this information before placing your Order.
7. Return Policy
a. We do not offer returns based on change of mind. Please choose and
order carefully.
b. As a consumer, you are entitled to the benefit of statutory consumer guarantees in respect of items purchased from us, in accordance with Australian Consumer Law.
c. If a Product is faulty, not fit for its purpose, wrongly described or different from the sample shown then we will meet our legal obligations which may include refunding the purchase price and delivery charges or providing a replacement product, provided the Product is returned within a reasonable time with proof of purchase.
d. If you wish to return or exchange an item under clause 7(c) above, please contact us by email within a reasonable time of receipt to arrange for the Product’s return and replacement or exchange.
e. All returned Products must be received by us in original packaging, in unused
condition with tags attached (where applicable). If we believe that a Product has
been damaged or used by you, we reserve the right to return the Product to you
with no refund or exchange. We also reserve the right to charge your credit card for the associated shipping and handling costs.
f. For international customers, any additional costs incurred due to currency
conversions will not be refunded, and are considered to be your responsibility.
8. Intellectual property rights
a. PeekyMe retains all right title and interest in the Site, and all related intellectual
property rights, including but not limited to all logos, designs, content, trademarks
and website design. 
b. Except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without our written consent. 
c. You may not copy, distribute, publicly perform, publicly display, digitally perform
(in the case of sound records), or create derivative works from any copyrighted
work made available or accessible via the Site.
d. Failure to comply with this Clause may result in legal action being taken.
9. Product and Site Disclaimers
a. WARNING: CHOCKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS. Whilst every effort is made to ensure that our products are safe, by placing an Order with us, you acknowledge that the Products are not designed, manufactured or intended for use by children under the age of three (3) and may contain small parts, which may cause a choking hazard if not used in a fully supervised environment. In addition to all other limitations and disclaimers in this Agreement, we shall not be liable to you or any third party, in whole or in part, for any claims, liability, damages, loss or costs arising from such use.
b. Use of the Site and/or the Products are at your own risk. In no event will we or our affiliates be liable for any indirect, incidental, consequential or special damages in connection with these Terms, the Site or the Products, whether or not such damages were foreseeable and even if we were advised that such damages were likely or possible.
c. You acknowledge that this Clause 9 is an essential term between you and us relating to the provision of the Site and the Products to you. 
10. Governing law
a. Your use of the Site and Products is governed by the laws of New South Wales, Australia.
2. Privacy Policy
a. We deal with information privacy in accordance with the Privacy Act 1988 (Cth) and the National Privacy Principles set out in the Privacy Act. We also comply with the Spam Act 2003 (Cth) which imposes restrictions on sending emails. 
b. The purpose of this Privacy Policy is to tell you what kind of information we may gather about you when you visit our website, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct this information. Our policy allows you to choose what kind and how much information you provide to us and to control how we use whatever information you give us. Our goal is to provide you with a satisfying experience while allowing you to control your privacy and to give you a means to voice any questions or concerns you may have.
c. This policy applies only to the Site and not to Third Party Links.
d. Information is collected from you primarily to make it easier and more rewarding for you to use our services. Depending on the service you are accessing, you could be asked to provide information such as your name, email address or information about what you do. It is entirely your choice whether you wish to access the service and respond to these questions or not.
e. We collect two types of information. The first type is anonymous information - that is, tracking information gathered as visitors navigate their way through the website such as which pages are visited, the length of time spent on each webpage etc. This information is collected for research purposes, is used in the aggregate (where possible), and remains anonymous.
f. If you want to remain completely anonymous, you’re still free to take advantage of the huge amount of content available on our sites without registration. The vast majority of our site does NOT require visitors to complete a registration form or give us contact information (such as a name and email address) to visit.
g. The more we know about our visitors the more value we can potentially offer them. Supplying such information is entirely voluntary. But if you don’t supply the
information we require, we may be unable to provide you with services we make
available to other visitors to our Site.
h. The second type of information we collect is personal information. We will collect personal information such as your name, email address, or postal address, only when you provide it to us. With this information, we can provide a variety of personalised and enhanced services that are not available to anonymous users. We hope that you will find it beneficial to provide individually identifiable information about yourself to us because it will make our services more valuable to you. 
i. As the website is international, we will also monitor your connecting IP address to determine what country you are in and to deliver relevant site content for your
country.
j. We will only use the personal information you have chosen to provide us for the purpose for which you provided it. We will not use it for any other purpose without your consent.
k. We also invoke a standard feature of browser software, called a "cookie"; to assign each visitor a unique, random number. This cookie resides on your computer to identify which areas of our site users are visiting and doesn’t actually identify the visitor, just the computer that a visitor uses to access our site.
l. Unless you voluntarily identify yourself (through registration, for example), we
won’t know who you are, even if we assign a cookie to your computer. The only
personal information a cookie can contain is information you supply. Our cookies
can’t read unrelated data from your computer.
m. This site contains Third Party Links. The establishment of a Third Party Link does not mean that we have approved a site, are endorsing a site, have reviewed its content, or are in any manner recommending a visit. We are not responsible for the privacy practices or the content of linked sites. 
Any enquiries should be emailed to hello@peekyme.com.au