Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by Squishmee. Throughout the site, the terms "we", "us" and "our" refer to Squishmee. Squishmee 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 added to the current store shall also be subject to these Terms of Service. You can review the most current version 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 to our website. Your continued use of the website following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the 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 have given consent for any minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction in connection with your use of the Service.

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

A breach or violation of any of these Terms will result in 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 agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.

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 as the sole basis for making decisions.

We reserve the right to modify the contents of this site at any time. 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 without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 — PRODUCTS AND BLIND BOX POLICY

Certain products may be available exclusively online through the website and may have limited quantities.

Important — Blind Box Products: All Squishmee blind box products contain randomly selected characters and colours. By purchasing a blind box product, you acknowledge and agree that:

  • The contents are random by design and cannot be predetermined or guaranteed
  • Receiving a character, colour or rarity tier other than what you hoped for does not constitute a defect, misrepresentation or grounds for return
  • The random nature of blind box products is a core feature of the product, not a flaw

We have made every effort to accurately display product images on our store. We cannot guarantee that your device's display of any colour will be fully accurate.

We reserve the right to limit sales of our products to any person, geographic region or jurisdiction. All product descriptions and pricing are subject to change at any time without notice.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. We may limit or cancel quantities purchased per person, per household or per order, including orders placed under the same customer account, credit card, or billing/shipping address.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

SECTION 7 — OPTIONAL TOOLS

We may provide access to third-party tools over which we have no control. Any use of optional tools offered through the site is entirely at your own risk. We may also offer new services or features in the future, which shall also be subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

Certain content or 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 of third-party materials and will not have any liability for any third-party materials, websites, products or services.

SECTION 9 — USER COMMENTS AND SUBMISSIONS

If you send us creative ideas, suggestions, proposals or other materials, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use any comments you forward to us. We are under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.

You agree that your comments will not violate any third-party rights, contain unlawful or abusive material, or contain any computer virus or malware. You are solely responsible for any comments you make and their accuracy.

SECTION 10 — PERSONAL INFORMATION

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

SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders at any time without prior notice.

SECTION 12 — PROHIBITED USES

You are prohibited from using the site or its content for any unlawful purpose; to violate any international, federal, provincial or state regulations or laws; to infringe upon our intellectual property rights or the intellectual property rights of others; to harass, abuse, harm, defame or discriminate against others; to submit false or misleading information; to upload viruses or malicious code; to collect personal information of others; to spam, phish or scrape; or to interfere with the security features of the Service or any related website.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

SECTION 13 — DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

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

Your use of the Service is at your sole risk. The Service and all products delivered to you through the Service are provided "as is" and "as available" without any representation, warranties or conditions of any kind.

In no case shall Squishmee, our directors, officers, employees, affiliates, agents, contractors, 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 arising from your use of the Service or any products procured using the Service. Where local law does not permit the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Squishmee and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 15 — SEVERABILITY

If 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 severed from these Terms of Service without affecting the validity and enforceability of any other remaining provisions.

SECTION 16 — TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. We may terminate this agreement at any time without notice if, in our sole judgment, you have failed to comply with any term or provision of these Terms of Service. Upon termination, you will remain liable for all amounts due up to and including the date of termination.

SECTION 17 — ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site constitute 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 between you and us.

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates to our website. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

SECTION 20 — SMS/MMS MOBILE MESSAGE MARKETING

We may offer a mobile messaging program which you agree to use and participate in subject to these Terms. By opting in to our mobile messaging program, you agree to receive automated marketing mobile messages at the phone number provided. Consent is not required to make any purchase from us.

To opt out at any time, reply STOP to any mobile message from us. You may receive a confirmation message upon opting out. Message frequency varies. Standard message and data rates may apply.

SECTION 21 — CONTACT INFORMATION

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