website terms of use

Welcome to the website of MosaicLab (ABN 29 650 739 230) ("we", "us" or “MosaicLab”). 

This website is located on the web via the domain https://www.mosaiclab.com.au/ and includes all of the files located in that domain ("this Site"). 

This Website is provided by: 

MOSAICLAB 
14 Cabane Circuit
Mt Duneed 3217 
AUSTRALIA 

Owner contact email:  info@mosaiclab.com.au

Agreement to these Website Terms of Use 

By accessing this Site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and MosaicLab and govern your use of this Site. 

Privacy Policy 

As part of these Website Terms of Use, your use of this Site is also subject to our Privacy Policy located at www.mosaiclab.com.au/privacy-policy, which is incorporated by reference into these Website Terms of Use. 

Legal capacity to transact 

If you are under 18 years of age, you cannot place orders through this Site. By using this Site you represent and warrant to MosaicLab that you are over the age of 18 years. Should MosaicLab suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Restrictions on use 

Prohibited conduct 

Your use of this Site is subject to the rules set out below: 

YOU MUST NOT: 

  • use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site; 

  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure; 

  • use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network; 

  • use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes; 

  • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site; 

  • use this Site by any automated means; 

  • use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;  

  • access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews; 

  • interfere with the display of any advertisements appearing on or in connection with this Site; 

  • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site; 

  • reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use; 

  • falsely imply that any other website is associated with this Site; 

  • do anything that leads, or may lead, to a decrease in the value of MosaicLab's intellectual property rights in this Site; 

  • use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site; 

  • release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to MosaicLab without MosaicLab's prior written consent; or 

  • use this Site to transmit any information or material that is, or may reasonably be considered to be: 

  • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way; 

  • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised; 

  • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right; 

  • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship; 

  • in breach of any person’s privacy or publicity rights; 

  • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement); 

  • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so; 

  • containing any political campaigning material, advertisements or solicitations; or 

  • likely to bring MosaicLab or any of its staff into disrepute.

Violations of these Website Terms of Use 

Without limiting any other remedies available to MosaicLab at law or in equity, MosaicLab reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide products or services to you if: 

  • you breach any provision of these Website Terms of Use; 

  • MosaicLab is unable to verify or authenticate any information that you provide to us; or 

  • MosaicLab believes that your actions may cause damage and/or legal liability to MosaicLab, any of its customers or suppliers or any other person.

Indemnity 

You indemnify and hold harmless MosaicLab and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly): 

  • any material or information that you submit, post, transmit or otherwise make available through this Site; 

  • your use of, or connection to, this Site; or 

  • your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person. 

Orders 

Order constitutes offer

By placing an order through this Site, you make an offer to us to purchase the products/services that you have selected pursuant to these Website Terms of Use. Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any products/services to you – however, MosaicLab will endeavour to supply your selected products/services to you. 

We will not commence processing any order made through this Site unless and until: 

  • payment for the order has been received by us in full; and 

  • the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud. 

We reserve the right at our discretion to: 

  • at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and 

  • at any time: 

  • refuse to provide products or services to you; 

  • terminate your access to this Site; and/or 

  • remove or edit any content on this Site. 

Acceptance of orders 

Acceptance of each order will take place if and when MosaicLab: 

  • in the case of physical items, sends the requested items to you, at the time at which the items are despatched by MosaicLab, and title to, and risk in, the items will pass from MosaicLab to you at that time. After the items have been sent, we will send you an email confirming that shipment has taken place; 

  • in the case of digital items, either: 

  • sends the requested items to you, at the time at which the items are sent by MosaicLab; or 

  • notifies you in writing that the requested items are available for download by you, at the time at which such notification is sent by MosaicLab, 

  • and title to, and risk in, the items will pass from MosaicLab to you at that time; or 

  • in the case of services, either: 

  • provides the services to you, at the time at which MosaicLab commences providing the services; or 

  • notifies you in writing that your order has been accepted, at the time at which such notification is sent by MosaicLab.

Prices 

MosaicLab reserves the right to change the prices for products/services displayed in this Site at any time before you place an order. 

Shipping costs 

Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout. 

GST 

Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be exclusive of GST and may be increased on account of GST, if GST applies to the supply of the goods or services requested in your order. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Payment of the additional amount of GST will be made at the same time and in the same manner as payment for the goods and services is required to be made.

Payment methods 

Payment for orders placed through this Site are made via Stripe and are subject to their separate Payment Method Terms.  You should refer to the Stripe Payment Method Terms if you have any questions about payment methods. 

Refunds and other remedies 

Except as expressly provided otherwise in these Website Terms of Use and required under the Australian Consumer Law, all amounts paid through this Site are non-refundable. Further information on the steps that MosaicLab will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Website Terms of Use below. 

Security 

While our payment processing and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than MosaicLab. 

MosaicLab may request further information from you in order to process your order. If further information is requested and you do not provide the requested information within such time as MosaicLab considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

Dealings with third parties 

Third party goods/services and websites 

We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this Site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this Site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use. 

User acknowledgements 

You acknowledge that MosaicLab does not: 

  • check the truth or currency of any of the material or information that third parties provide or make available through this Site; 

  • control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this Site or whose identities become known to you through this Site, including suppliers of content that is published or made available in or through this Site; 

  • offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or 

  • endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by MosaicLab to you or otherwise become known to you through this Site.

Intellectual property 

Copyright 

In these Website Terms of Use, the term "Proprietary Content" means: 

  • this Site; 

  • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and 

  • all software, systems and other information owned or used by MosaicLab in connection with the products and services offered through this Site (whether hosted on the same server as this Site or otherwise). 

All Proprietary Content is the property of MosaicLab or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of MosaicLab or other copyright owner (as applicable). 

You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trade marks 

The term MosaicLab is a trade mark of MosaicLab. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trade marks, service marks and/or trade dress of MosaicLab. These trade marks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of MosaicLab. 

Copyright claims 

If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOSAICLAB AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 

This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, MosaicLab and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that: 

  • the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; 

  • this Site will meet your requirements or expectations; 

  • anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date; 

  • the quality of any products, services, information or other material purchased or obtained through this Site will meet any particular requirements or expectations; 

  • errors or defects will be corrected; or 

  • this Site or the servers that make it available are free of viruses or other harmful components.

Limitation of liability 

Exclusion of liability 

To the maximum extent permitted by law, MosaicLab and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this Site by you or any other person. 

Remedies limited 

To the maximum extent permitted by law, MosaicLab and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at MosaicLab's sole discretion): 

  • in the case of goods, to any of the following: 

  • the replacement of the goods or the supply of equivalent goods; 

  • the repair of the goods; 

  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or 

  • the payment of the cost of having the goods repaired; and 

  • in the case of services: 

  • the supply of the services again; or 

  • the payment of the cost of having the same services supplied again, up to the equivalent limit for MosaicLab to supply the same services.

Release 

You agree that your use of this Site is at your own discretion and risk. You agree to release MosaicLab and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this Site by you or any other person. MosaicLab may plead this release as a bar and complete defence to any claims or proceedings. 

Force majeure 

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, MosaicLab excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of MosaicLab, and MosaicLab shall be entitled to a reasonable extension of time for the performance of such obligations. 

General 

Interpretation 

In these Website Terms of Use, the following rules of interpretation apply: 

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use; 

  • these Website Terms of Use may not be construed adversely against MosaicLab solely because MosaicLab prepared them; 

  • the singular includes the plural and vice-versa; 

  • a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and 

  • the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions. 

Notifications 

MosaicLab may provide any notification for the purposes of these Website Terms of Use by email. 

Costs 

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use. 

Assignment 

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without MosaicLab's prior written consent. 

MosaicLab may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you. 

No waiver 

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by MosaicLab to act with respect to a breach by you or others does not waive MosaicLab's right to act with respect to that breach or any subsequent or similar breaches. 

Variation 

MosaicLab reserves the right to amend these Website Terms of Use and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the products/services offered through this Site. 

You may only vary or amend these Website Terms of Use by written agreement with MosaicLab. 

Severability 

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced. 

  • US Users: Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law. 

  • EU Users: Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.  In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.  Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties. 

Governing law and jurisdiction 

These Website Terms of Use will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them. 

However, regardless of the above, if the user qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.