Terms of Service

These Terms of Service govern your access to and use of the Molonglo & Fern website, online store, customer account features, services, content, and related functionality.

By accessing or using our website, you agree to these Terms of Service. If you do not agree, you must not use the website.

1. Business Information

This website is operated by:

Molonglo & Fern
48 Kellway St
Evatt ACT 2617
Australia

Email: support@molongloandfern.com.au
Phone: +61 2 6188 4276

2. Related Policies

Purchases and your use of our online store are also governed by our Refund and Return Policy, Privacy Policy, Shipping Policy, Legal Notice, and Terms of Sale. These documents should be read together where relevant.

3. Australian Consumer Law

Nothing in these Terms of Service excludes, restricts, or modifies rights or remedies available under Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified.

4. Eligibility

By using our website or placing an order, you represent that you are at least 18 years of age, or that you are using the website under the supervision and with the permission of a parent or legal guardian able to enter into the relevant transaction.

5. Lawful Use of the Website

You agree to use this website only for lawful purposes and in accordance with these Terms of Service.

You must not use the website for fraudulent, deceptive, unlawful, harmful, or abusive purposes; interfere with the website’s operation or security; attempt unauthorised access; use disruptive bots or scraping tools; introduce malware; impersonate another person; provide false order information; copy or commercially exploit website content without authorisation; or infringe the rights of Molonglo & Fern or any third party.

6. Customer Accounts

If customer account functionality is available, you are responsible for providing accurate and up-to-date information and maintaining the confidentiality of your account credentials.

You are responsible for activity conducted through your account unless unauthorised activity is promptly reported and is not attributable to your actions or omissions.

If you suspect unauthorised access to your account, contact support@molongloandfern.com.au promptly.

7. Suspension or Termination of Access

We may restrict, suspend, or terminate access to the website, an account, or particular features where we reasonably believe there has been fraud, unlawful conduct, abuse, security risk, misuse of services, or a material breach of these Terms of Service.

Nothing in this section limits any existing consumer rights arising from an order or purchase.

8. Product Information

We take reasonable steps to display product information accurately, including descriptions, images, colours, sizes, materials, availability, pricing, and care information.

Actual colour or appearance may vary depending on screen settings, lighting, photography, or reasonable production variations. Nothing in this section restricts rights relating to faulty, unsafe, damaged, incorrect, or misdescribed goods.

9. Errors, Inaccuracies, and Updates

Website content may occasionally contain errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, delivery charges, availability, or delivery estimates.

Where permitted by law, we may correct information, modify content, withdraw products, or cancel affected orders. If payment has been processed for an order that is cancelled, the relevant amount will be refunded.

10. Pricing Transparency

Prices will be displayed in Australian Dollars unless otherwise stated.

Where applicable, displayed prices will include GST. Mandatory charges included in the minimum total price will be presented in accordance with applicable law, while optional delivery charges may be displayed separately during checkout.

11. Intellectual Property

All content displayed through this website, including text, names, logos, photographs, graphics, product descriptions, layout, design elements, icons, video, branding, and written content, is owned by or licensed to Molonglo & Fern and is protected by applicable intellectual property laws.

You may not reproduce, publish, adapt, distribute, sell, licence, scrape, extract, or commercially exploit website content without prior written authorisation.

12. Customer Reviews and Submitted Content

If you submit reviews, photographs, comments, feedback, suggestions, or other content, you represent that you are authorised to provide that content and that it does not violate applicable law or third-party rights.

You grant Molonglo & Fern a non-exclusive, royalty-free, worldwide licence to use, reproduce, adapt, display, and publish submitted content for operational, customer experience, and marketing purposes, unless prohibited by law.

13. Third-Party Services and Links

Our website may use or link to third-party services including payment processors, delivery providers, e-commerce platform providers, analytics tools, marketing providers, fraud prevention services, and customer support systems.

Third-party services may be governed by their own terms and privacy practices. We are not responsible for independent third-party websites or services except where applicable law provides otherwise.

14. Website Availability

We do not guarantee uninterrupted, continuous, secure, or error-free access to the website. Access may be interrupted because of maintenance, updates, technical issues, service provider failures, security measures, or circumstances outside our reasonable control.

15. Disclaimer Relating to Website Use

Except as required by applicable law, the website and its content are provided on an “as is” and “as available” basis.

This disclaimer does not apply to statutory guarantees, consumer rights, or protections that cannot lawfully be excluded or limited.

16. Limitation of Liability

To the maximum extent permitted by law, Molonglo & Fern will not be liable for indirect, incidental, special, consequential, exemplary, or punitive loss arising solely from use of or inability to use the website.

Nothing in these Terms limits liability or remedies that cannot lawfully be excluded, restricted, or modified, including applicable rights under Australian Consumer Law.

17. Indemnification

You agree to indemnify and hold harmless Molonglo & Fern from claims, liabilities, losses, damages, costs, and expenses arising from your unlawful misuse of the website, fraudulent activity, breach of these Terms of Service, or infringement of third-party rights.

18. Governing Law

These Terms of Service are governed by the laws of the Australian Capital Territory and applicable Commonwealth laws of Australia, subject to mandatory consumer rights that apply.

19. Dispute Resolution

If you have a concern or dispute, please contact support@molongloandfern.com.au first so that we may attempt to resolve it directly.

If the matter cannot be resolved informally, either party may pursue available legal or regulatory remedies in accordance with applicable law, including through Access Canberra or an appropriate court or tribunal where applicable.

20. Changes to These Terms

We may update these Terms of Service from time to time. The updated version will be published through the website and will apply from its stated effective date or, if no date is stated, from publication.

21. Contact

For questions about these Terms of Service, contact:

Molonglo & Fern
48 Kellway St
Evatt ACT 2617
Australia

Email: support@molongloandfern.com.au
Phone: +61 2 6188 4276