Terms & Conditions

These terms and conditions are updated and apply from 21 August 2024.

1. Agreement
1.1. These Terms and Conditions, together with our Privacy Policy, apply to your use of Tikkun Olam Makers Melbourne Ltd’s (ACN 631 743 416) (“TOM Melbourne”, “we”, “our” or “us”) website located at https://www.tommelbourne.org/ (“Site”).
1.2. By browsing or using the Site, you agree to these Terms and Conditions, together with our Privacy Policy (collectively, the “Agreement”), which are legally binding and enforceable upon you. If you do not agree with the terms of the Agreement, you must not access, browse or use this Site.

2. Interpretation
2.1. In this Agreement: “Agreement” has the meaning in clause 1.2 ; “Delivery Costs” means the costs associated with delivery of Products or Services as specified by the Maker who is fulfilling the Order, including, without limitation, transport, freight or shipping charges, insurance costs, import and export taxes and duties; “Intellectual Property Rights” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information; “Maker” means any person, including TOM Melbourne whom have the tools and capabilities for
the fulfilment of Orders and manufacturing of Products; “Makerspace” means a venue or space at TOM Melbourne or an organisation TOM Melbourne partners with for the fulfilment of Events, Orders and manufacturing of Products; “Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site; “Need Knower” means the person who utilises the Products and the Services listed or advertised on the Site for sale or otherwise; “Order” means an order for Products or Services placed by a Customer via the Site; “Participant” means an individual or entity that participates in a TOM: Melbourne Program; “Privacy Policy” means our privacy policy available at https://www.tommelbourne.org/privacy-policy ; “Products” means the products, goods or items listed or advertised on the Site for sale or otherwise; “Services” means the services listed or advertised on the Site for sale or otherwise;
“Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Site including, but not limited to, your name, date of birth, gender and contact details; “Site” has the meaning in clause 1.1 ;”TOM Entities”; means, collectively, TOM and TOM affiliates, and their respective officers,
directors, employees, consultants, subsidiaries, and agents, including without limitation volunteer organisers for TOM Programs or Events; “TOM Program or Event”; means any event, meeting or project (including those accessible via
the Online Service) sponsored or organised by TOM, one of its affiliated partners, or another Participant at the TOM Program or Event or user of the Online Service, including without limitation TOM@Schools, TOM@University, TOM Makeathon and TOM Product Development or a developer group meeting. “User” means any person who may be a user of this Site and includes without limitation, any Customer who is purchasing a product or service from this Site.
“you”; or ;’your’; means the person or entity accessing, using or relying upon the Site; and “Your Content” has the meaning in clause 9.3.
2.2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

3. Disclaimer
3.1. All content and media on the Site is created and published for general informational and educational purposes only. It does not intend to be or substitute professional health advice, diagnosis, or treatment.
3.2. If you are seeking diagnostic or therapeutic advice, you are encouraged to seek medical advice from an appropriately qualified health professional.
3.3. We do not warrant or represent that the information contained on this site is accurate, current or complete. Users should exercise their independent skill or judgement or seek professional advice before relying on it. We do not accept any legal liability or responsibility for any injury, loss or damage incurred by the use of, reliance on, or interpretation of, the information contained on this site.

4. Site Use
4.1. You warrant and represent that your access to, or use of, the Site is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
4.2. To access certain content on the Site, including the purchase of Products and Services listed or advertised on the Site, you must first become a member of the Site. To become a member of the Site you must open a membership account with us (“Account”) by providing us with Registration Data and nominating a password (“Password”). Registration is free.
4.3. You may not use one email address to register for multiple Accounts and you must not hold more than one Account at the same time. We reserve the right to refuse registration requests at our sole discretion.
4.4. You must keep your Account details up to date at all times and your Password confidential and secure.
4.5. You have sole responsibility for any activity that occurs on or via your Account. You must notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Account.
4.6. We may, in our absolute discretion, terminate your Account, disable your Account or restrict your access to the Site (temporarily or permanently) where you have breached the Agreement or for any reasonable reason and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Site, your Account details or any other content associated with your Account. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Site. Further, we may, for any reason, at any time and without notice to you, withdraw the Site, or change or remove Site functionality.
4.7. The Site may contain links to third party websites. Any links to such websites provided on the Site are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third party content appearing on, or via, other websites linked to this Site. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and
services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.
4.8. You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.
4.9. Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Site.
4.10. You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Site.

5. Legal Capacity
5.1. You must be eighteen (18) years of age or over to use or access the Site. If you are under the age of 18 years (a “Minor”), you must immediately cease accessing and using the Site unless you have permission from a parent or guardian to create an Account in accordance with clause 4.3 .
5.2. Your continued use of the Site is an acknowledgement by you that:
(a) you are over the age of eighteen (18) years, or have obtained the relevant permission from a parent or guardian to create an Account;
(b) you accept the Agreement and agree that you have entered into a binding legal contract with us in relation to the Agreement.

5.3. If you are a parent or guardian permitting a Minor to create an Account, you agree to:
(a) exercise supervision over the Minor's use of the Site;
(b) assume all risks associated with use of the Site as outlined in the Agreement;
(c) ensure that all content and information that the Minor may encounter on the Site is suitable and appropriate for the Minor;
(d) assume all liabilities resulting from the Minor's use of the Site and their Account;
(e) ensure the accuracy and truthfulness of all information submitted by the Minor;
(f) provide the consents contained in this Agreement on behalf of the Minor.
5.4. We may, at any time, request written confirmation from a parent or guardian that you have permission to access and use the Site.
5.5. We reserve the right to take legal action and/or seek compensation for any loss or damage we may suffer as a result of, or in connection with, the use of the Site by a Minor.

6. Pricing

6.1. All prices listed on the Site are in Australian Dollars, include GST (unless otherwise specified) and do not include Delivery Costs.
6.2. All prices displayed on the Site are Recommended Retail Prices set by the Makers in consultation with TOM Melbourne and will be subject to confirmation by Makers and Makerspaces who fulfil any Orders. Prices for items in an Order are fixed at the time the User has confirmed an Order. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
6.3. Promotional discount codes may be given by a Maker or Makerspace at their sole discretion on terms and conditions notified at the time of the relevant promotional offer or discount.
6.4. If a discount code is applied, it has the effect of applying a discount solely across the cost of the Products. Any associated Delivery Cost will be unaffected by the discount code and payable at the ordinary rate.
6.5. You agree to pay Delivery Costs as they are calculated and specified on the Site at the time of purchase.
6.6. International Delivery Costs do not include insurance or any taxes or duties which may be applied by customs at the destination country and any duties or taxes incurred are the responsibility of the person who placed the Order.
6.7. In accordance with Australian export regulations, we are required to declare the exact value of all items and identify the Order as dutiable “merchandise”. We are also prohibited by law from identifying an Order as a “gift” for export purposes, even if you have placed the Order with the intention of delivery to a gift recipient.
6.8. To the maximum extent permitted by law, we reserve the right to refuse a sale to any User.

7. Product Specifications
7.1. Although we endeavour to provide accurate and complete information on the Products and Services listed or advertised on the Site, we cannot guarantee that the information is up to date, accurate and complete at all times. Additionally, there may be slight changes to the finished Product depending on the method of manufacture employed by a Maker. We reserve the right to (but are not obligated to) make changes or updates to information displayed on the
Site at any time without notice to you.
7.2. Unless otherwise stated, any accessories, decorations or furnishings shown in images of Products or Services on the Site are not included.
7.3. All weights, heights and other measurements listed on the Product specifications are provided for reference and are approximate only.

8. Orders

8.1. You may place an Order by completing the Order form on the Site and clicking the “confirm”; button. Orders are subject to the availability of the Maker to produce the Products and/or Services requested in the Order.
8.2. An Order is not accepted and legally binding on us until we confirm by email (to your nominated email address as listed in your Account) that:
(a) Payment has been received for the Order;
(b) The Products and/or Services are available; and
(c) The Order has been processed.
8.3. To the maximum extent permitted by law, Orders may not be cancelled by you once they have been accepted by us, unless as otherwise outlined in clause 11.
8.4. We operate an online business and we will communicate with Need Knowers or Users to our Site who make an enquiry primarily via email. It is the User’s responsibility to therefore ensure that the correct contact details are provided and that the nominated email address is regularly checked for correspondence.
8.5. Each Order (once confirmed by us in writing) represents a separate agreement between the User and the Maker for the manufacture of the Products or Services. We are not a party to the contracts for sale between Users and Makers. We do not take ownership of the items at any time and do not transfer legal ownership of the Intellectual Property in the items from the Maker to the Need Knower.
8.6. We reserve the right, at our absolute discretion, to:
(a) Refuse to sell or to cancel Orders that request commercial quantities of Products or Services; or
(b) Cancel your Order at any time prior to dispatch of the Products, or the provision of the Services, to you.

8.7. If an Order has been cancelled, refused or cannot be met due to unavailability of Products and/or Services, any funds paid to a Maker in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with an email acknowledgement of the cancellation and refund.
8.8. We accept no responsibility for Orders that are declined, misplaced, not received or not accepted due to disruptions caused to our internet connections or our computer systems.
8.9. We do not guarantee the availability of any Products or Services displayed or ordered on, or via, the Site.

9. Payment

9.1. Payments for the Products and Services listed via the Site will be made via the payment method nominated by the relevant Maker. TOM Melbourne is a mere conduit and accepts no responsibility or liability for transactions that occur outside the Site.
9.2. You bear the sole responsibility for verifying any terms and conditions imposed by the Maker in relation to the sale of Products and Services.
9.3. Purchases of Products and Services may be covered by the National Disability Insurance Scheme (“NDIS”). The Maker or Makerspace who manufactures the Products or delivers the Services will provide the documentary evidence required (such as a receipt) to obtain NDIS funding. You bear sole responsibility for evaluating your own circumstances and determining whether these payments can be brought under your NDIS plan.

10. Delivery and Ownership of Products
10.1. Makers are exclusively responsible for packing and shipping Products to a User.
10.2. Delivery Costs will vary depending on the Order you have made, the method of delivery, the location for delivery, and any taxes or duties that may be charged in relation to delivery of the Order by a User.
10.3. Orders must be paid in full before delivery can be made.
10.4. You acknowledge and agree that it is your responsibility to ensure you have nominated the correct delivery address and provided sufficient and appropriate details to identify the recipient in making an Order, and we are not responsible for any misplaced parcels or for delivery of any Order to an unintended recipient as a consequence of incorrect details.
10.5. You must ensure that any person who collects or takes delivery of the Products on your behalf is authorised by you to do so. Title and risk in the Products pass to the Customer on signing for delivery of the Products. Where a Customer gives written authority for Products to be delivered without a signature:
(a) any and all included insurance cover (if any) will be voided; and
(b) title and risk in the Products pass to the Customer on delivery of the Products to your nominated delivery address.

10.6. We are not responsible for the delivery times of Products. Once Products have been dispatched, it is the User’s responsibility to liaise with the nominated courier company elected by the Maker in relation to the date of delivery and to make themselves available to take delivery at the nominated time for delivery.

11. Repairs, Refunds and Returns
11.1. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation (the “Acts”) where to do so is unlawful.

11.2. To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying the Products or Services again or payment of the cost of having the Products or Services supplied again.
11.3. To the maximum extent permitted by law, we will not provide you with a refund, or exchange or
repair the Products or Services purchased by you on, or via, the Site where:
(a) the Products are damaged through misuse, accident or abnormal use; or
(b) the Australian Consumer Law (ACL) or any manufacturer’s warranty does not apply.
11.4. Consumer Guarantees cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties purchased or given to you.
11.5. If a Product is damaged, incorrect or faulty, you should contact us as soon as possible at [email protected] to arrange your return or exchange. You must comply with directions or instructions given by us in relation to returning the damaged, faulty or defective Products to us or the manufacturer.
11.6. Returned Products must be returned with proof of purchase, be in their original packaging and be in a re-saleable condition. If you are returning Products due to a fault or defect under a Consumer Guarantee, you may return the Products without their original packaging.
11.7. It is the Customer’s responsibility to ensure that returned Products are returned safely and within a reasonable period of time. We accept no responsibility for Products lost in transit.
11.8. Where you are returning Products to us because of our failure to comply with a Consumer Guarantee, Products returned to us will be at our cost. Refunds may take up to ten (10) Business Days to be processed.

12. Intellectual Property
12.1. You acknowledge and agree that the TOM Melbourne model is predicated on freely available, open source design. You may access and use the Site, the Materials and any Products (including any digital product files and any Intellectual Property Rights contained therein) foryour personal and non-commercial use only. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Site or the Material or commercialise any information obtained from any part of the Site or Material without our prior written consent.
12.2. We retain all rights, title and interest in the Site and any Materials and Products may be accessed via the public domain, more specifically as an open-source Creative Commons License (CC BY 4.0) for quiet, unfettered and unrestricted enjoyment, use, and exploitation by each member of the public at large, and You shall not retain ownership of any such Intellectual Property Rights, irrespective of any licence we may grant to you to access, and use, the Site.

12.3. By uploading, posting, transmitting or otherwise making available any content or material via the Site (“Your Content”), you warrant that you have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Site.
12.4. You agree that you will not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Site.

13. Linking to the Site
13.1. You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.2. You must not establish a link to the Site from any website that is not owned by you.
13.3. We reserve the right to withdraw linking permission at any time without written notice.

14. Indemnity
14.1. You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, the Products, the Services or any breach by
you of the Agreement.

15. Liability
15.1. To the maximum extent permitted by law, we exclude all:
(a) conditions, guarantees or warranties expressed or implied by law; and
(b) any liability to you however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising out of, or in connection with, access and/or use of the Material or the Site, and the Agreement.
15.2. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information published on the Site, we do not warrant or make any representations regarding the use or the result of the use of any Material, Product, Service, link or information in our Site or as to their correctness, suitability, accuracy, reliability, or otherwise.

15.3. We do not accept responsibility for any loss or damage occasioned by the use of the information contained on this Site nor from any access to it. All access and use are at your risk. It is your sole responsibility to bear any and all costs of servicing, repairs, or correction
15.4. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this Website or any products or services that may be offered through it. It is your responsibility to do so.
15.5. Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed AUD $100. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
15.6. To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in information issued by us will be subject to correction without any liability on our part.
15.7. Nothing contained in the Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.

16. Privacy
We are committed to protecting your privacy and personal information. Please see our Privacy Policy at https://www.tommelbourne.org/privacy-policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.

17. General
17.1. We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.
17.2. Although we do our best to provide the most up to date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.
17.3. Any provision of the Agreement which is void or unenforceable may be severed from the Agreement without affecting the enforceability of other provisions.
17.4. A failure or delay by us to exercise a power or right under the Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
17.5. The Agreement is governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.