Terms of service

OVERVIEW
Welcome to Marlo Market! When we say "we", "us" or "our", we mean Marlo Market. We operate this online store to provide you with a curated shopping experience (the "Services"). Marlo Market is powered by Shopify.

These Terms of Service ("Terms") describe your rights and responsibilities when using our Services. Please read them carefully — they include important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting or using our Services, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use our Services.

SECTION 1 - ACCESS AND ACCOUNT
By using our Services, you confirm that you are at least the age of majority in your state or territory of residence, and that you consent to any minor dependents using the Services on devices you own or manage.

To make purchases or access certain features, you may need to provide information such as your email address, billing, payment, and shipping details. You confirm that all information you provide is accurate, current, and complete, and that you have the right to provide it.

You are solely responsible for keeping your account credentials secure and for all activity on your account. You may not transfer or sell your account to anyone else.

SECTION 2 - OUR PRODUCTS
We do our best to accurately represent our products online. However, colours and product appearance may vary depending on your device and its settings. We do not guarantee that products will look exactly as shown on screen.

Product descriptions are subject to change at any time. We reserve the right to discontinue any product or limit quantities available to any person or region.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Marlo Market may accept or decline your order at our discretion. Your order is not confirmed until we accept it and receive payment. Please review your order carefully before submitting, as we may not be able to cancel it once accepted.

If we decline, change, or cancel your order, we will try to notify you using the contact details you provided.

Returns and exchanges are subject to our Refund Policy. Your purchases are for personal or household use only and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price charged will be the price shown at the time your order is placed, as confirmed in your order confirmation email. Unless stated otherwise, prices do not include taxes, shipping, handling, customs, or import charges.

We may run promotions with separate terms — if there is a conflict between promotion terms and these Terms, the promotion terms will apply.

You agree to provide accurate and current payment information and to promptly update it if it changes. By placing an order, you confirm that your payment details are valid, that you are authorised to use the payment method, and that you will pay all charges including taxes and shipping.

SECTION 5 - SHIPPING AND DELIVERY
All delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once your order is handed to the carrier, risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
All content on our Services — including text, images, graphics, video, audio, trademarks, and design — is owned by Marlo Market, our affiliates, or our licensors and is protected by applicable intellectual property laws.

You may use our Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, or otherwise use our content without our prior written consent. All rights not expressly granted are reserved by Marlo Market.

SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools as part of the Services. These tools are provided "as is" without any warranties or endorsement from us. We have no liability for your use of any optional third-party tools, and you use them entirely at your own risk.

New features or tools added to the Services in the future will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS
Our Services may include links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party sites. If you choose to visit them, you do so at your own risk. Any issues with third-party products or services should be directed to that third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Marlo Market is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Marlo Market. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Marlo Market, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Marlo Market.

SECTION 10 - PRIVACY POLICY
All personal information we collect is handled in accordance with our Privacy Policy. Some information may also be subject to Shopify's Privacy Policy, available here.

Because our Services are hosted by Shopify, Shopify may collect and process information about your use of the Services to provide and improve them. This information may be shared with third parties in other countries. Please review our Privacy Policy for more details.

SECTION 11 - FEEDBACK
If you submit feedback, reviews, ideas, or suggestions to us, you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, and distribute that content for any purpose, including to improve and promote our Services.

You confirm that you own or have the right to submit any feedback, and that it does not violate any third-party rights. We are not obligated to keep your feedback confidential, compensate you for it, or respond to it.

You are solely responsible for the accuracy of any feedback you submit. We may remove feedback that we consider unlawful, offensive, or otherwise inappropriate.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, our Services may contain errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors and update or cancel orders where information was inaccurate, without prior notice.

SECTION 13 - PROHIBITED USES
You may only use our Services for lawful purposes. You must not use our Services to: (a) engage in any unlawful or harmful activity; (b) violate any applicable laws or regulations; (c) infringe on our intellectual property or that of others; (d) harass, abuse, or harm any person; (e) transmit false or misleading information; (f) send unsolicited advertising or spam; (g) impersonate any person or entity; or (h) interfere with others' use or enjoyment of the Services.

You also must not: (a) upload malicious code or viruses; (b) reproduce or exploit any part of the Services for commercial purposes; (c) collect personal information of other users; (d) use automated tools, bots, scrapers, or AI agents to access the Services without authorisation; or (e) circumvent any security or access controls.

We reserve the right to suspend or terminate your account without notice if you breach these Terms.

SECTION 14 - AGENTS
14.1 This section applies if you use, allow, or enable any automated agent or software ("Agent") to access or interact with our Services. An Agent means any software that takes autonomous or semi-autonomous action on behalf of a person, without direct supervision.

14.2 No Agent may access our Services unless it complies with the requirements in section 14.4 at all times, and only if we have not requested that it stop.

14.3 We may limit or block Agent access to our Services, including through technical measures.

14.4 Agents must: (i) identify themselves in all HTTP/HTTPS requests by including "Agent/[agent name]" in the user agent string; (ii) not disguise or conceal that they are automated, including by mimicking human behaviour or bypassing CAPTCHAs; (iii) respond truthfully if asked whether they are human or automated; and (iv) not circumvent any measures designed to limit or control Agent access.

SECTION 15 - TERMINATION
We may terminate or suspend your access to the Services at any time, without notice, at our sole discretion. You will remain responsible for any amounts owed up to the date of termination.

Sections relating to Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy Policy will survive any termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
Information on our Services is provided for general purposes only. We do not warrant its accuracy, completeness, or usefulness, and any reliance on it is at your own risk.

EXCEPT AS EXPRESSLY STATED BY MARLO MARKET, OUR SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE DISCLAIMERS MAY NOT FULLY APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, MARLO MARKET, OUR PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND SERVICE PROVIDERS (INCLUDING THOSE OF SHOPIFY) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES — INCLUDING LOST PROFITS, LOST DATA, OR REPLACEMENT COSTS — ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THEM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 - INDEMNIFICATION
You agree to indemnify and hold harmless Marlo Market, Shopify, and our respective affiliates, officers, directors, employees, agents, and service providers from any claims, losses, or liabilities (including reasonable legal fees) arising from: (1) your breach of these Terms; (2) your violation of any law or third-party rights; or (3) your use of the Services.

We will notify you of any such claim. We may manage the defence and settlement of any claim at your expense, but will not settle any claim imposing non-monetary obligations on you without your consent.

SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies posted on our site, constitute the entire agreement between you and Marlo Market regarding your use of the Services, and supersede all prior agreements or communications.

SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights under these Terms without our prior written consent. We may transfer or assign our rights without notice to you.

SECTION 22 - GOVERNING LAW
These Terms are governed by the laws of Victoria, Australia. You and Marlo Market agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia for any disputes arising under these Terms.

SECTION 23 - HEADINGS
Section headings are for convenience only and do not affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE
We may update these Terms at any time by posting the revised version on this page. It is your responsibility to check for updates periodically. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.

SECTION 25 - CONTACT INFORMATION
Questions about these Terms can be sent to us at marlomarketau@gmail.com.

Our contact details:
Marlo Market
marlomarketau@gmail.com
ABN 56 931 358 807