Terms of Use

Octofortune Pty Ltd. is a limited liability, private company, incorporated under the laws of Great Britain.

These Terms of Use constitute the entire agreement between you and Octofortune and by using the accessing the website and the store (“Website“) and/or purchasing any of the products offered on the website, you herby accept and agree to be bound under these Terms of Use. For the avoidance of doubt, if you do not agree with any of the terms set in this Terms of Use, you should stop using or accessing the Website.

Our store’s Website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By accepting this Terms of Use you will be granted a personal, limited, revocable license for the use the Website, as provided herein. The Privacy Policy and the Shipping, Returns and Refunds Policies are an inseparable part of these terms.

“User” means the person accessing the Website, or otherwise using the Services or any part thereof. The User and the company, entity or organization it represents or in which behalf’s the Account has been opened, shall be deemed, severally and collectively, a party to these Terms of Use.

  1. Third Party Products. The products and services offered on the Website (“Products“) are not manufactured or endorsed by Octofortune, and Octofortune is not affiliated and shall not be liable in any way to the acts or omissions of any third parties, including in connection with such products.
  2. No Representation. The Products are custom made, printed on-demand per order. Final results may vary.
    All the images on our website are for illustration purposes only, the images on the website and especially the colors can look different on different monitors and under different lighting. We do not guarantee that the final product will look exactly like the image on the website
  3. Returns and Refunds. You may return an unused Product for any reason whatsoever, undamaged and in its original packing, within 7 days as of delivery. See our more detailed Shipping, Returns and Refunds Policy. You may not return any Products after 7 days or more as of delivery.
  4. License: Octofortune does not grant any rights in any and all content, whether belonging to Octofortune or to a third party, except for a revocable license to use the Website for personal use only (“License“).
  5. Allowed Use: You may order standard, custom-made or print-on-demand products. You may not use this Website if you are a merchant during the course of business, you may not access it via automated means, such as robots and/or crawlers, except for search indexing. You may not
  6. Compliance: By using the Website you represent that you have read and understood the terms set herein and agree to them and undertake to fully comply therewith. Any and all activity on, with and/or via the Website shall be governed by these Terms of Use. These Terms exclusively constitute the only valid and binding agreement between User and Octofortune, and likewise contain any and all such warranties, agreements and undertakings made by either party to the other. You undertake to use the Website in accordance with these terms, for their intended purpose only, within the scope of the License, and in accordance with law.
  7. Intellectual Property: Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Website. The Website’s content is copyrighted and protected by law. You hereby acknowledge the Information in the Website is gathered and organized in substantial effort and in a particular way, and undertake not to infringe any intellectual property right of the Website or its operator.
  8. Trademarks: Trademarks, trade names, service marks, hyperlinks (“Links“) and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of their respective owners and/or Octofortune. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of the rights owner.
  9. No Warranties express or implied: THE WEBSITE AND THE SERVICES HEREIN, ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. YOU USE THE WEBSITE AT YOUR OWN RISK. THE INFORMATION, PRODUCTS AND DELIVERY RELY ON THIRD PARTIES, AND PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THIRD PART WEBSITES ACCESIBLE THROUGH LINKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.
  10. Limitation of Liability: IN NO EVENT WILL BABYFAMILYHOME OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TOWARDS YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM DELAYED DELIVERY, LOST OF DATA OR FLAWED PRODUCTS) ARISING OUT OR IN RELATION TO THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID (IF PAID) WITH RESPECT TO THE SPECIFIC TRANSACTION DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PURCHASED AND PAID FOR A PRODUCT, YOUR SOLE REMEDY (AND BABYFAMILYHOME’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH BABYFAMILYHOME, IS TO STOP USING THE SERVICE. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
  11. Notice and Removal; Copyright Infringement. We comply with Notice and Removal procedures in accordance with DMCA standards. If you believe a Product or any content on the Website infringes your rights, please submit a notice of copyright infringement to [email protected] Your notice should include: (a) Identification of the infringing content or Product; (b) adequate identification and contact information; (c) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (d) A statement that the information in the written notice is accurate, and under penalty of perjury, that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. If you knowingly misrepresent that Products, content or activity on the Website is infringing your rights, you may be held liable for damages incurred as the result of relying upon such misrepresentation in removing or disabling access to the Product, content or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it, including expenses, costs and attorneys’ fees, in accordance with Section 512(f) of the DMCA (17 U.S. Code § 512).
  12. Indemnification: User undertakes to indemnify, defend and hold Octofortune, as well as any and all of its subsidiaries, agents, employees and/or officers, against or from any liabilities, obligations, claims, debts, expenses etc., in any way connected with any misuse or abuse of the services, information or the Website provided or contained herein, including in particular (but not limited to) any breach of these Terms of Use and/or violation of any law whatsoever (including any violation or infringement of any third party rights) and/or any breach of any applicable third party terms and conditions;
  13. Allowed Delays. Without derogating from any and all disclaimed liability, Octofortune will not be liable for any delays by 21 work days or less.
  14. Maintenance: The Website may be, at any time and at Octofortune sole discretion, be off-line for maintenance or for any other reason, and Services or access may be denied, temporarily and/or continually and/or indefinitely, at Octofortune’s sole discretion and without consequence.
  15. Amendment; Termination: Octofortune may amend, suspend or terminate the Website’s activity at any time, for any reason or for no reason, without notice. We may inform you via e-mail regarding any changes, and you hereby give your consent to receive such updates from us, but we are under no obligation to do so.
  16. Force Majeure: Octofortune shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Octofortune, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Octofortune’s control such as bad weather, acts of God, communication malfunctions and difficulties, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
  17. Notices: We may notify you via postings on the Website, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Use shall be in writing and addressed to: [email protected] Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
  18. No Waiver: The failure of Octofortune to require or enforce strict performance by you of any provision of these Terms of Use or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Octofortune’s right to assert or rely upon any such provision or right in that or any other instance.
  19. Assignment: Octofortune may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this Terms of Use without Octofortune’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
  20. Applicable Law; Jurisdiction: Without derogating from the aforementioned, this agreement and any dispute pertaining thereto shall, shall be governed and construed solely in accordance with the laws of the Great Britain, and brought exclusively before the competence courts in the Great Britain.

    Severability: Should any provision herein be deemed void or invalid by any court of law having proper jurisdiction, such provision shall be severed, and shall not in any way vitiate or detract from the effect and/or validity of any or all remaining provisions her