Terms of service

Overview

Welcome to Splash'd®! The terms "we", "us" and "our" refer to Mother + Muse Pty Ltd, trading as Splash'd®. We operate this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Splash'd® is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Splash'd® is operated from Victoria, Australia. If you have any questions about these terms, please contact us at team@splashd.co.

Section 1 — Access and Account

By agreeing to these Terms of Service, you represent that you have the legal capacity to enter into a binding contract and, where you allow a minor to use the Services on devices you own, purchase or manage, that you have given consent for them to do so.

To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person. Please notify us immediately at team@splashd.co if you suspect unauthorised access to your account.

Section 2 — Our Products

We have made every effort to provide an accurate representation of our products in our online store. However, the way colours, prints, and product details appear may differ from how they appear on your screen due to the device you use, screen settings, and lighting. Such variations are not considered defects.

We do not warrant that the appearance or quality of any products purchased will be the same as depicted in our online store, subject to your statutory rights under the Australian Consumer Law.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Section 3 — Made-to-Order Products

All Splash'd® products are made to order — each piece is produced specifically for you after your order is placed. By placing an order, you acknowledge and accept that:

• Production times apply before shipping (see our Shipping Policy for current timeframes)
• Items are not held in stock and cannot be returned or exchanged for change of mind or incorrect size selection
• Cancellation windows are limited, and Down Puffer Vests and Puffer Jackets cannot be cancelled once ordered as production begins immediately
• Slight variations in colour, print placement, or finish may occur as part of the made-to-order process and are not considered defects

For full details on cancellations, refunds, and what qualifies as a defect, please see our Refund Policy.

Section 4 — Orders

When you place an order, you are making an offer to purchase. Splash'd® reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Splash'd® confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted — particularly for Down Puffer Vests and Puffer Jackets, where production begins immediately.

In the event that we do not accept, change, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 5 — Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in our online store may differ from prices offered in physical retail stores or third-party online stores. From time to time, we may offer promotions that may affect pricing and that are governed by separate terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

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

You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorised to use the payment method for the purchase; (iii) charges incurred by you will be honoured by your card issuer or payment provider; and (iv) you will pay charges incurred at the posted prices, including shipping, handling, and all applicable taxes.

Section 6 — Shipping, Delivery and International Orders

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control. Once we transfer products to the carrier, title and risk of loss passes to you.

For international orders, customs duties, import taxes, and brokerage fees may apply on arrival. These charges are determined by your local customs authority and are the sole responsibility of the customer. Splash'd® does not cover or reimburse these charges.

Full shipping details — including estimated delivery windows, lost or damaged parcels, and unclaimed deliveries — are set out in our Shipping Policy.

Nothing in this section limits your statutory rights under the Australian Consumer Law.

Section 7 — Product Use and Disclaimers

Our products are designed for active outdoor use, including swimming, surfing, and sun protection. While we take care to deliver high-quality, functional garments, please note:

• Sun protection: Our rash guards offer a UPF50+ rating, but they are not a substitute for sunscreen, protective eyewear, or sensible sun safety practices. Always apply sunscreen to exposed skin and limit prolonged sun exposure.
• Jellyfish protection: Rash guards provide a physical barrier that may reduce the risk of stings to covered areas, but do not guarantee complete protection against jellyfish or other marine stingers. Exercise caution in waters known to contain stingers.
• General use: Garments should be used as intended. Misuse, alteration, or use outside of reasonable activewear purposes may affect product performance and is not covered under our refund policy.

Section 8 — Intellectual Property

Our Services, including but not limited to all trade marks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Splash'd®, its affiliates, or licensors and are protected by Australian and international copyright, trade mark, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trade mark, copyright, or other intellectual property of Splash'd®, Shopify, or any third party. Unauthorised use of the Services may be a violation of intellectual property laws. All rights not expressly granted herein are reserved by Splash'd®.

Splash'd®'s names, logos, product and service names, designs, prints, patterns, and slogans are trade marks of Splash'd® or its affiliates. You must not use these trade marks without our prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trade marks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trade marks of their respective owners.

Section 9 — Customer Content and Social Media

If you post, share, or tag Splash'd® in content on social media platforms (including Instagram, TikTok, Facebook, and others), submit a review, or send us photos or videos featuring our products, you grant Splash'd® a non-exclusive, royalty-free, worldwide licence to use, reproduce, share, and republish that content across our marketing channels — including our website, social media accounts, email campaigns, and advertising — with appropriate credit to you (such as tagging your handle).

You confirm that:

• You own the content or have the right to share it with us
• The content does not infringe anyone else's rights
• You are happy for us to use it in the ways described above

If you'd prefer we don't use a specific piece of content, please let us know at team@splashd.co and we'll remove it promptly.

Section 10 — Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback") to us directly, you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trade mark, privacy, or other proprietary right. 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 Feedback. You are solely responsible for any Feedback you make and its accuracy.

Section 11 — Optional Tools and Third-Party Links

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have control over. We provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind. We shall have no liability arising from your use of optional third-party tools.

The Services may also contain hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access these sites, you do so at your own risk. Complaints, claims, or questions regarding third-party products and services should be directed to the third party.

We may, in the future, offer new features through the Services. Such new features will also be subject to these Terms.

Section 12 — Relationship with Shopify

Splash'd® 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 Splash'd®. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Splash'd®, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Splash'd®.

Section 13 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit may be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside, in order to provide services to you. See our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

Section 14 — Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

Section 15 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, or local laws or regulations; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send or receive any material that does not comply with these Terms; (g) to transmit any advertising or promotional material, including "junk mail," "chain letters," or spam; (h) to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.

You also agree not to: (a) upload or transmit viruses or any malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, or pretext the Services; (e) use any robot, spider, scraping tool, AI agent, or automated process to access the Services; or (f) interfere with, bypass, or circumvent the security or authorisation features of the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 16 — Agents

This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on behalf of or using a person's device, without direct supervision.

No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interaction is from an Agent, including by mimicking human behaviour, completing or circumventing CAPTCHAs, or otherwise; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

Section 17 — Termination

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Customer Content and Social Media, Feedback, Termination, Consumer Guarantees and Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 18 — Consumer Guarantees and Disclaimer of Warranties

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies provided under the Australian Consumer Law or any other law that cannot be lawfully excluded. Where the Australian Consumer Law applies, you may be entitled to remedies including replacement, refund, or compensation for goods that are not of acceptable quality, do not match their description, or are not fit for purpose.

Subject to those rights, and to the maximum extent permitted by law:

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Except as expressly stated by Splash'd® or required by law, the Services and all products offered through the Services are provided "as is" and "as available," without any representation, warranty, or condition of any kind, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Section 19 — Limitation of Liability

This section is subject to the Australian Consumer Law. Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded.

Subject to the above, and to the fullest extent permitted by law, in no case shall Splash'd®, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind — including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages — whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products procured using the Services.

Our total liability for any claim relating to a product is limited to the purchase price paid for that product.

Section 20 — Indemnification

You agree to indemnify, defend, and hold harmless Splash'd®, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims.

Section 21 — Severability

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

Section 22 — Waiver and Entire Agreement

Our failure 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, together with any policies or operating rules posted by us on our site or in respect of the Services, constitute the entire agreement and understanding between you and us, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

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

Section 23 — Assignment

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 24 — 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 the State of Victoria, Australia. You and Splash'd® consent to the exclusive jurisdiction of the courts of Victoria, Australia for the resolution of any disputes arising from these Terms or your use of our website.

Section 25 — Headings

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

Section 26 — 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, in 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. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Section 27 — Contact Information

Questions about these Terms of Service should be sent to us at team@splashd.co.

Our contact information is below:

Mother + Muse Pty Ltd trading as Splash'd® ABN: 11 694 489 079 Registered Office: C/- YK Partners, Level 1, 268-270 Rosslyn Street, West Melbourne, VIC 3003 Email: team@splashd.co Website: splashd.co

Last updated: [insert date when published]