Mabouk – Terms & Conditions 

The following Terms and Conditions constitute an agreement (the “Agreement”) between you as the (“User”) and Mabouk (“Mabouk”) (“we”, “us”) (A.B.N. 46 376 300 986) and contain the terms and conditions that apply to your access and use of the website and The Services provided by Us.

Please read these terms and conditions (the “Terms”) carefully. By accessing our website: www.mabouk.com.au you signify that you agree with these terms and conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use, or access (or continue to use or access) the Website.

Mabouk reserves the right to modify this Agreement and/or the Policies (and update The Mabouk Web Page on which they are displayed) from time to time. A date stamp will be applied at the top of the page therefore it is important that you check this page regularly. Your continued use of the website and your purchase or engagement with Mabouk indicates you agree to all Terms set forth herein.

 

1.   Terms of sale and copyright – design licensing

Crystal Richardson trading as Mabouk (Mabouk) is a designer of original fabric prints (Design). By purchasing a file of a Design on the website https://mabouk.com.au/ (Website), you acknowledge having read, and expressly agree to the following terms:

1.            Term – This agreement commences on the date you place an order of the Design on the Website and continues unless terminated in accordance with clause 6 or upon the expiry of the Licence Period (as defined in 3(a)).

2.            Delivery – Mabouk will deliver the Design within 48 hours of receiving full payment of the amount stipulated on the Website. The Design will be delivered as a digital file in either JPEG, PSD, AI, PNG, PDF or other standard format via download, unless otherwise agreed with Mabouk in writing.

3.            Non-exclusive Licence – In exchange for payment of the Fee, Mabouk grants to you, with effect from the date the Design is delivered in accordance with 2, a non-exclusive licence to use and reproduce whole or part of the Design throughout the world for up to 500 units:

(a)          for 3 years from the date the Design is delivered under 2, unless another time period is agreed in writing with Mabouk (Licence Period); and

(b)          on or in relation to:

(i)           physical products for sale including clothing, textiles, stationery and other consumer goods; and

(ii)          any marketing, advertising and business materials (including on-line) promoting 3(b)(i),

(Permitted Purpose).

4.            Exclusive Licence – In exchange for payment of the Fee, Mabouk grants to you, with effect from the date the Design is delivered in accordance with 2, an exclusive licence to use and reproduce whole or part of the Design throughout the world for unlimited end products for sale:

(a)          for 5 years from the date the Design is delivered under 2, unless another time period is agreed in writing with Mabouk (Licence Period); and

(b)          on or in relation to:

(i)           physical products for sale including clothing, textiles, stationery and other consumer goods; and

(ii)          any marketing, advertising and business materials (including on-line) promoting 3(b)(i),

(Permitted Purpose).

 

5.            Copyright ownership

(a)          All copyright and related rights in the Design remain with Mabouk. Mabouk can allow other licensees to use and exploit the same Design.

(b)          You must seek Mabouk’s written approval of any substantial modifications you make or commission to make to the Design prior to use (Modified Designs). All copyright and related rights in Modified Designs belong to Mabouk. To the extent required, any copyright and related rights you may have in Modified Designs are assigned to Mabouk on creation, but Mabouk agrees to licence approved Modified Designs to you on the same terms as this agreement.

(c)          You agree to use the Design and any Modified Designs for the Permitted Purpose or any manner specified by Mabouk from time to time. You may use trade marks or business names that are owned, controlled by or licenced to you on or in relation to the items referred to in 3(b).

(d)          You may not sub-licence or allow any other person to use the Design or the Modified Designs, without the prior written approval of Mabouk. 

(e)          You agree to not infringe the moral rights of Mabouk or damage the reputation of Mabouk in any way (which includes but is not limited use of the Design or Modified Designs in obscene, extremist, illegal, profane or defamatory material).

(f)           If Mabouk defends or starts proceedings relating to the Design or a Modified Design, you must fully cooperate in the proceedings at your own expense. You agree never to take any action, or assist any person to take any action, which would or might invalidate or put in dispute the Mabouk’s rights in the Design or a Modified Design.

6.            Acknowledgments – You acknowledge that the Design may have a different appearance (e.g. colour and reproduction quality) when rendered in non-digital formats including on goods. Mabouk is not liable for any damages, claims, costs or expenses arising from:

(a)          the appearance and reproduction quality of the Design rendered in material form;

(b)          any printing errors resulting from the Design file; or

(c)          production delays resulting from late delivery of the Design file.

7.            Termination – If you and Mabouk agree to terminate this agreement prior to delivery of the Design, Mabouk will provide you with a refund of the Fee. A party may otherwise terminate the agreement if the other party fails to perform a material obligation and fails to remedy the breach within 30 business days of receiving notice. Termination of the agreement results in full revocation of all rights granted to you.

8.            Indemnity – You indemnify Mabouk against all claims, liability, damages, costs and expenses Mabouk suffers or incurs arising out of any breach by you of this agreement, or your use of the Design and any Modified Designs for any purpose.

9.            No transfer – You cannot assign or otherwise transfer the benefit of this agreement without the prior written consent of the Mabouk.

10.         Governing law – This agreement is governed by and must be construed in accordance with the laws of the State of Victoria. The parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of this agreement.

 

 

1.           

2.          Terms of sale – products

3.            Payments & billing

All prices are in Australian dollars and are as listed on the mabouk.com.au website. You can make purchases online with a credit card or using Paypal.

4.            Delivery of goods

Products mailed from Mabouk will be transported either through Australia Post, or a specified courier. Delivery addresses cannot be altered once an order has been processed. Mabouk makes every reasonable effort through its packaging and its liaisons with its delivery services to ensure that your parcel is safe for transportation and arrives to you safely.

Ownership of the parcels turned over to Australia Post, or the specified courier from Mabouk automatically transfers to the buyer. Mabouk will not be responsible for any loss of, or damage to packages. We will not be responsible for any error in the supply of incorrect shipping information, or delivery errors through Australia Post.

Once your order has been processed, you will be provided with a tracking number for Australia Post, or the courier of your choice. Should you have any questions related to your delivery, please contact the courier company, or the Post Office with your tracking number.

The estimated delivery time-frame will range depending on the carrier or shipping method. So we recommend that you review and consider the postage timeframes on the respective websites. For international transactions outside of Australia, you acknowledge that you as the buyer will be responsible for paying an additional costs such as duties, taxes and customs clearance fees.

 

5.            Return & refunds

All products sold from Mabouk are final, and are sold on a no return, exchange or credit basis, once an order has been complete, and payment has been processed.

Where a Product ordered and received arrives in a damaged state, and it was a fault from us, Mabouk will offer a replacement or refund.

We cannot provide a refund where a Client has changed their mind(s) about our services or products. 

Any requests for cancellations or refunds will be at the discretion of Mabouk, and will be assessed on a case by case basis. Such refunds will be exclusive of any postage and handling costs.

As per Australian Consumer Law, where a product has been listed at an incorrect price, incorrect description or image due to typographical error or similar oversight, Mabouk reserves the right to cancel and/or amend a transaction.

 

6.           Links to other websites

This website may contain links to other websites operated by third parties. We do not endorse or approve of the operators of these third party websites, or the information, graphics or material contained within.

7.            Limitation of liability

Mabouk nor any of its officers, will not be liable to you or anyone for any delays, errors, omissions, any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economy, consequential or punitive damages or any legal costs arising out of, or in connection:

  1. the use of the Mabouk website;
  2. the use of information provided by you through Mabouk on its website and/or its platforms; or
  3. the use of any products and/or resources provided to you by Mabouk;
  4. you or anyone else being unable to access Mabouk for any reason;
  5. the production and sales outcomes by you and your manufacturer.  

You acknowledge that materials on the Mabouk website may contain technical, typographical or photographic errors. Mabouk do not make any commitment to update the materials.

You indemnify Mabouk harmless from any and all claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable legal costs and expenses which may arise directly or indirectly as a result of any promise, representation, warranty, act, omission or obligation of Mabouk in respect of the provision of the Services to You; use of the Services, resources or products to You; and/or any breach of this agreement by You.

Mabouk makes no guarantee as to the availability or suitability of services, or information on this Site or to its materials.

Mabouk nor any of its officers will be liable to you or anyone for any defamatory, infringing, offensive or material found in connection with the use of Mabouk, including such conduct or material transmitted by means by any other person.

 

8.            Copyright notice

All content, including but not limited to, text, images, graphics, logos and other materials on this website and the website software are subject to the copyright and other intellectual property rights of Mabouk (or its licensors). Except where necessary for viewing these materials on this website on your browser as permitted by law, no material on this website may be reproduced, copied, adapted, distributed, modified, linked or uploaded to other websites in any form by any means without the express written permission of Mabouk.

 

9.            Jurisdiction

This agreement and this website are subject to the laws of Victoria, Australia. If there is a dispute between you and Mabouk that results in litigation then you must submit to the jurisdiction of the courts of Victoria.