TERMS AND CONDITIONS

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 are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.

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

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, not including credit card information, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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 or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Price

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Products and Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you using the email and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card details and expiry dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

We may also, in the future, offer new services and/or features through the website, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.

Third Party Links

Certain content, products and 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 and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions, such as contest entries, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Personal Information

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

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial, state or local laws or regulations;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
• to submit false or misleading information;
• to upload or transmit viruses or any other malicious code;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, scrape, or otherwise misuse the Service;
• for any obscene or immoral purpose; or
• to interfere with or circumvent the security features of the Service or any related website.

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

Disclaimer of Warranties; Limitation of Liability

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

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are, except as expressly stated by us, provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied.

In no case shall My Happy Helpers, our directors, officers, employees, affiliates, agents, contractors, interns, 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, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, including negligence, strict liability or otherwise, arising from your use of any of the service or any products procured using the service.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless My Happy Helpers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. This determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services or any part thereof.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service 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, whether oral or written, between you and us, including any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

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

Gift Vouchers

My Happy Helpers Gift Vouchers can only be redeemed online at www.myhappyhelpers.com.au.

Gift Vouchers cannot be redeemed for cash or returned for a refund. Unused balances are not refundable or transferable. My Happy Helpers is not responsible for lost or stolen Gift Vouchers. Risk of loss or theft and title for Gift Vouchers passes to the purchaser on transfer.

This Gift Voucher and purchases made with it are subject to the terms of trade as set by My Happy Helpers, which may change from time to time.

Gift Voucher value expires 3 years after purchase.

Pricing and Product Availability

We exercise great care to avoid errors in pricing and product information. If mistakes do occur, we reserve the right to correct them. We apologise in advance for any inconvenience this may cause.

We take great care to provide accurate stock numbers on our website, although occasionally we may be unable to supply a product that has been ordered. My Happy Helpers will communicate any issues with you as a result of unavailability and we will credit without delay any payments made for such products.

Discount codes, product bundles or buy and save discounts on multiple products are not to be used in conjunction with any other offers. For example, you cannot use the automatic discount of the Learning Tower + Apron combo when using a discount code.

Major sales and new customer discounts are only applicable on full priced items. Excluded items include already discounted products and gift vouchers.

All prices on our website are in Australian Dollars and include GST.

Prices are subject to change for any reason at any time without notice, but changes will not affect orders which we have already processed.

Pre Orders

Pre Orders are items that are available to order via our online shop in advance of physical stock being available.

When placing a Pre Order for My Happy Helpers stock, you will be required to provide certain information, such as billing and address information. You represent and warrant that all such information is kept current. My Happy Helpers shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information.

Payment

You will be charged the full price of products at the time of placing the Pre Order and we do not accept change of mind cancellations on Pre Order Items

Priority

My Happy Helpers will fulfil Pre Orders in the order in which the Pre Order is received.

Delivery Schedule

Although we will make efforts to begin delivering product as soon as reasonably practical, you understand and agree that there may be delays. An estimated time of delivery is only an estimate, is subject to change and My Happy Helpers does not represent or warrant that it will be able to ship the product by the estimated date.

24HR DISPATCH DOES NOT APPLY TO PREORDERS.

In the event that a delay may arise and the estimated shipment is not met, My Happy Helpers is not responsible for any damages that may occur due to the delay, nor shall it be obligated to provide any discounts or credits due to such delays.

If for any reason your pre order is delayed and not available within a month of expected delivery, and you do not wish to continue to wait for your product, you may request a refund less standard 20% cancellation fees, by emailing support@myhappyhelpers.com.au.

Where you have a pre order that would ship with other items we will hold the entire order and ship together. If you would like to split the shipment please email us so we can arrange an invoice for the additional split shipping cost.

Copyright

My Happy Helpers and its related brands are trade marks of My Happy Helpers.

My Happy Helpers is the owner of the copyright and other intellectual property rights in the material contained on our website, or is permitted by the owner of such intellectual property to use this material.

Any use of the materials on this website, including reproduction for any purposes, modification, distribution, or republication, without prior written permission of My Happy Helpers, is strictly prohibited.

All images and photographs on the website may not be copied, reproduced or edited in any form without prior written, including email, approval from My Happy Helpers.

Faulty Products

How do I return a product I feel may be faulty?

If you believe your product is faulty or missing parts please touch base with our customer service team within 5 days of receiving your order or fill in our online warranty or returns form. If your claim is outside these timeframes and there is not clear evidence to demonstrate the item was not damaged during use, your claim may be rejected.

We will arrange for a Returns Slip and you will be required to drop your product off at your local post office so it can be returned to us. If you picked up your order, you will be required to return it to our store.

The product must be returned to us in the same condition it was received. If it was damaged in transit, then it must be returned to us with only this damage. If the item is not correctly packaged, which results in additional damage, we will not issue a full refund.

Upon receiving the product back in our warehouse we will assess the item and if found to indeed be a manufacturing fault we will issue a full refund, or replacement, including any shipping costs.

If however the product is assessed by our technicians and deemed to be user error, damaged during use, incorrectly assembled, or simply a change of mind, meaning no manufacturing fault or defect can be found that would affect the use or structural integrity of the product, then we will refund a maximum of 50% of the amount paid for the item, less any associated shipping costs.

If an item is not returned to us in original condition, for example if it has been used, broken or damaged during assembly, we will deduct a fee to cover the cost to repair the item damaged by you.

In line with Australian Consumer Law, we reserve the right to offer replacement parts or to replace the product, or to issue a refund. This decision will be at the discretion of My Happy Helpers.

Returns and Cancellations

How do I return a product?

If you wish to return a product, please complete the online returns form found at the bottom of the page or send us an email and we will contact you within 72 hours. Keep a record of your return shipment until you have received your replacement, credit or refund.

How long do I have to return a product?

All change of mind returns must be received by us within 30 days of the date of your order.

We do not accept change of mind returns on PREORDER ITEMS, however at our discretion we may offer you a Gift Voucher.

For Missing parcels or Transit Damage, claims must be made within 24hours of receipt of goods.

For faulty goods or Missing Parts, claims must be made within 5 days of receipt of goods.

Do I have to pay anything to cancel or return my product or order?

You are required to pay the cost of returning the item(s) to us, including all postal or courier charges. We will also charge a 20% restock fee for items returned or cancelled due to change of mind purchases.

If we have shipped your order to your nominated address and sent you a shipping confirmation with tracking information it is your responsibility to track your order. If you do not pick up your order from the Post Office, Parcel Collect Point or Courier in the required time frame and your order is returned to us, you will be required to pay an additional fee to re deliver your parcel.

If you choose to have your parcel re shipped out, we will re ship when it is returned to our warehouse.

We will NOT re ship an additional parcel while we wait for the original one to be returned. The onus is on you to check your tracking and supply us with accurate details at the time of ordering.

If you choose to cancel your order as a result of it being returned to sender, you will be liable for all shipping costs and a 20% restock fee. Rejecting a delivery because you have changed your mind will incur all shipping costs and our standard 20% restock fee.

If your parcel is deemed lost in transit, we reserve the right to determine whether we will replace or refund the item.

We will NOT issue any refunds on items returned to Sender, or still in transit UNTIL the item is received back at our warehouse. The reason for this is often when a parcel is deemed 'lost' or 'returned to sender' it is still delivered to the customer. We make no exceptions to this.

User Images and Other Online Submissions

If, at our request, you send specific submissions, for example contest entries, or without a request from us, you send images to us or tag us in images on social media or other online avenues, you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any images that you forward or tag us in.

We are and shall be under no obligation to maintain any images in confidence, to pay compensation for any images, or to respond to any images.

We may, but have no obligation to, monitor, edit or remove images that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your images will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your images will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any images. You are solely responsible for any images sent to us, or tagged for our use. We take no responsibility and assume no liability for any images posted by you or any third party.

$10 Welcome Code Terms

New Subscriber Welcome Codes may be used on any full priced items over $100 or any combined order of eligible items over $100.

Ineligible items include already discounted products or promotions.