In these Terms of Service, "we", "us", "our" or "Mecque" means Mecque.com.au. Please read these conditions carefully before using the website. By using the website, you signify your agreement to be bound by these.
Terms and Conditions.
Access to and use of this Website and the goods and services available through this Website are subject to the following terms, conditions and notices. Please read these conditions carefully before using the website. By using the website, you signify your agreement to be bound by these Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this website. You will not use this website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; to transmit or distribute a virus, trojan, worm, logic bomb or post any other material that is technologically harmful; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Mecque will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this website remain the property of Mecque or its affiliates and are protected by copyright laws and treaties around the world. All such rights are reserved by Mecque and its affiliates. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Mecque or its affiliates.
You may be granted a limited, revocable, and non-exclusive right to create a hyperlink to any page within the website as long as the link does not portray Mecque, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mecque logo or other proprietary graphic or trademark as part of the link without Mecque written consent. Any unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
You must provide us with true and accurate registration information. You must keep any username and password allocated to you confidential, and we are entitled to assume that anyone using that username and password is you. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Mecque reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.
Terms of Sale
By placing an order for any goods on our website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see Shipping Information for more details.
In order to contract with Mecque you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Mecque retains the right to refuse any order made by you.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.
Pricing and availability
All prices are in Australian dollars including Australian GST and other sales taxes. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. Orders over $150 are legible for free shipping; unless large or bulky items where additional charges may apply.
Where you require the goods to be packaged in a non-standard manner, we may charge for the cost of the packaging in addition to the costs aforementioned.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
We may alter the prices of the goods at any time without notice.
While we will endeavour to fulfil your order, we will not be liable to any person if we decline to fulfil an order, or we are unable to supply the goods in your order. No contract for sale and purchase of goods will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation. Some goods may be unavailable from time to time. We reserve the right to alter, upgrade or discontinue any product or information contained on the website without notice.
All Payment s will be charged by "Mecque" (ABN 78 479 571 599) and payment for the products will be in full by authorising us to charge your Credit Card OR PayPal Account. Your card will be debited once your payment has been approved. Once payment is approved, goods will be dispatched.
If you have any questions about invoicing and payment for goods please contact [email protected].
We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue.
Please review our Returns Policy for information regarding returns and exchanges on goods purchased from Mecque.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Mecque and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Mecque’s liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright.
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with Mecque and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Mecque.
You agree to indemnify, defend and hold harmless Mecque, its owner, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website, your breach of these Terms of Service or the supply or non-supply of Products.
Mecque shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments by emailing [email protected]
If you breach these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if it is in writing and executed by Mecque.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Mecque.