Terms of Service
Overview

Welcome to Tail & Muse! The terms “we,” “us,” and “our” refer to Tail & Muse. Tail & Muse operates this store and website, including all related information, content, features, tools, products, and services available through the store, in order to provide you (the customer) with a carefully curated shopping experience (the “Services”).

Tail & Muse is powered by Shopify, which enables us to provide these Services to you.

These Terms of Service, together with any policies referenced herein (collectively, the “Terms” or “Terms of Service”), outline your rights and responsibilities when using our Services.

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

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

Section 1 - Access and Accounts

By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state or province of residence and that you have given permission for any minor dependents to use this Service on devices that you own, purchase, or manage.

To use our Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing information, payment details, and shipping information.

You represent and warrant that all information you provide to us through our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities conducted through your account. You may not transfer, sell, assign, or authorize another person to use your account.

Section 2 - Our Products

We have made every effort to accurately display our products and services in our online store. However, please note that colors and product appearances may vary from what is displayed on your screen due to differences in the type of device you use to access our store and your device settings and configurations.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to the way they are displayed or presented in our online store.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities of products offered to any person, region, or jurisdiction at our discretion.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Tail & Muse reserves the right to accept or reject your order at our sole discretion for any reason.

Your order is not considered accepted until Tail & Muse confirms acceptance. Your order will only be accepted after we have received and processed your payment.

Please carefully review your order before submitting it. Once an order has been accepted, Tail & Muse may not be able to accommodate cancellation requests.

If we do not accept, modify, or cancel your order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchase may only be returned or exchanged according to our Refund Policy [link].

You represent and warrant that your purchase is for personal or household use only and is not intended for commercial resale or export.

Section 4 - Prices and Billing

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be listed in your order confirmation email.

Unless otherwise stated, displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import charges.

Prices displayed in our online store may differ from prices available in physical stores, third-party online stores, or other retail locations.

We may offer promotions from time to time that affect pricing and are subject to additional terms separate from these Terms. If there is a conflict between promotional terms and these Terms, the promotional terms will apply.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You agree to promptly update your account information, including your email address, credit card number, and expiration date, so that we can complete transactions and contact you when necessary.

You represent and warrant that:

(1) The credit card information you provide is true, accurate, and complete;

(2) You are authorized to use the credit card for the purchase;

(3) Your credit card company will honor the charges incurred by you; and

(4) You will pay all charges incurred at the posted prices, including shipping and handling fees and applicable taxes.

Section 5 - Shipping and Delivery

We are not responsible for delays in shipping or delivery.

All delivery times are estimates only and cannot be guaranteed.

We are not responsible for delays caused by carriers, customs processing, or circumstances beyond our control.

Once we hand the products over to the carrier, ownership and risk of loss transfer to you.

Section 6 - Intellectual Property

Our Services, including but not limited to trademarks, branding, text, displays, images, graphics, product reviews, videos, audio, and their design, selection, and arrangement, are owned by Tail & Muse, its affiliates, or licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

These Terms allow you to use the Services only for personal, non-commercial purposes.

You may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly stated herein, nothing in these Terms grants you any license or right to use any patent, trademark, copyright, or other intellectual property owned by Tail & Muse, Shopify, or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws.

Tail & Muse reserves all rights not expressly granted under these Terms.

The Tail & Muse name, logos, product names, service names, designs, and slogans are trademarks of Tail & Muse or its affiliates or licensors. You may not use these trademarks without prior written permission from Tail & Muse.

The Shopify name, logos, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans appearing in the Services are trademarks of their respective owners.

Section 7 - Optional Tools

We may provide access to third-party tools that are part of the Services. However, we do not monitor, control, or have any involvement with these tools.

You acknowledge and agree that such tools are provided on an “as is” and “as available” basis without warranties, representations, or conditions of any kind and without endorsement.

We shall not be liable for any issues arising from or related to your use of optional third-party tools.

Your use of optional tools offered through our website is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms provided by the relevant third-party providers.

We may introduce new features, tools, and resources in the future. Such additions will also be considered part of the Services and subject to these Terms.

Section 8 - Third-Party Links

The Services may contain materials and hyperlinks to third-party websites or services, including embedded third-party features.

We are not responsible for reviewing or evaluating the content, accuracy, or reliability of third-party materials or websites.

If you choose to leave our Services to access third-party websites or materials, you do so at your own risk.

We are not responsible for any damages or losses related to your access to third-party websites or your purchase or use of any products, services, resources, or content from third parties.

Please carefully review third-party policies and terms before engaging in any transaction.

Any complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

Section 9 - Relationship with Shopify

Tail & Muse is powered by Shopify, which enables us to provide the Services to you.

However, all sales and purchases made through our store are directly between you and Tail & Muse.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales transactions between you and Tail & Muse, including any injury, damage, or loss arising from the purchase of products or services.

You expressly release Shopify and its affiliates from any claims, damages, or liabilities arising from or related to purchases made from Tail & Muse.

Section 10 - Privacy Policy

All personal information collected through the Services is subject to our Privacy Policy, which can be viewed here [link].

Certain personal information may also be subject to Shopify’s Privacy Policy, available here:
https://www.shopify.com/legal/privacy/app-users

By using the Services, you acknowledge that you have read and understood our Privacy Policy.

Because the Services are hosted by Shopify, Shopify processes certain personal information related to your access and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transferred to Shopify and third parties located in countries outside your country of residence in order to provide the Services.

Please review our Privacy Policy [link] for more details regarding how we, Shopify, and our partners use your personal information.

Section 11 - Feedback

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

You represent and warrant that:

(1) You own or have all necessary rights to the Feedback;

(2) You have disclosed any compensation or incentives related to submitting the Feedback; and

(3) Your Feedback complies with these Terms.

We have no obligation to:
(1) keep your Feedback confidential;
(2) compensate you for your Feedback; or
(3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, or other personal rights.

Your Feedback must not contain defamatory, illegal, abusive, or obscene content, or contain viruses or malicious software that may affect the operation of the Services.

You are solely responsible for any Feedback you provide and its accuracy.

Section 12 - Errors, Inaccuracies, and Omissions

Information provided through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery times, and availability.

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

Section 13 - Prohibited Uses

You may only access and use the Services for lawful purposes.

You may not access or use the Services, directly or indirectly, for any of the following purposes:

(1) Any unlawful or malicious purpose;

(2) Violating any international, federal, provincial, state, or local laws, regulations, or ordinances;

(3) Infringing upon or violating our intellectual property rights or the intellectual property rights of others;

(4) Harassing, abusing, insulting, harming, defaming, threatening, or otherwise causing harm to our employees or any other person;

(5) Submitting false or misleading information;

(6) Sending, knowingly receiving, uploading, downloading, using, or reusing any materials that do not comply with these Terms;

(7) Sending or facilitating the sending of advertising or promotional materials, including spam, chain letters, junk mail, or any other similar forms of solicitation;

(8) Impersonating another person or entity or attempting to do so; or

(9) Engaging in any other conduct that restricts or interferes with anyone’s use or enjoyment of the Services, or that we determine may harm Tail & Muse, Shopify, users of the Services, or expose them to liability.

Additionally, you agree not to:

(1) Upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;

(2) Copy, reproduce, extract, sell, resell, or exploit any part of the Services;

(3) Collect or track the personal information of others;

(4) Send spam, phishing messages, deceptive communications, or misuse the Services under false pretenses;

(5) Use any robots, crawlers, scraping tools, data collection or extraction tools, automated devices, AI tools (such as agent-based AI), or any automated or manual method to access the Services; or

(6) Interfere with, bypass, or circumvent any security measures, authorization features, robot exclusion protocols, or other measures designed to restrict access to the Services.

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

Section 14 - Agents

14.1

If you use, allow, enable, or facilitate the deployment of an agent to access, use, or interact with any Service, this section (“Agent Terms”) applies.

An “Agent” means any software or service that can take autonomous or semi-autonomous actions on behalf of, or under the direction of, an individual or entity and that can execute actions or use a device on behalf of an individual or entity without direct human supervision.

14.2

No Agent may access, use, or interact with the Services unless it clearly identifies itself and strictly follows the requirements outlined in Section 14.4 below.

Additionally, if we request that an Agent not access, use, or interact with any Service, that Agent must not do so.

14.3

We may restrict any Agent’s access to, use of, or interaction with the Services through technical measures or other methods.

14.4

Agents must:

(1) Identify that requests originate from an Agent in all HTTP/HTTPS requests and include the following disclosure in the user-agent string: “Agent/[Agent Name]”;

(2) Not conceal or misrepresent the fact that access, use, or interaction originates from an Agent, including by:
(a) imitating human behavior or interaction patterns; or
(b) completing or bypassing CAPTCHA or other measures designed to distinguish computers from humans;

(3) Truthfully answer any questions or prompts designed to determine whether an interaction is from a human or a computer;

(4) Not bypass or otherwise evade any measures intended to prevent, limit, modify, or control an Agent’s access to, use of, or interaction with the Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion and without notice.

You will remain responsible for all amounts owed up to and including the date of termination.

Upon termination, the following sections will survive:

Intellectual Property, Feedback, Termination, Disclaimers, Limitations of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should remain effective after termination.

Section 16 - Disclaimer of Warranties

The information provided through the Services is for general informational purposes only.

We do not guarantee that such information is accurate, complete, or useful.

Any reliance you place on such information is entirely at your own risk.

We are not responsible for any liability or obligations arising from your reliance on such materials.

Unless otherwise expressly stated by Tail & Muse, the Services and all products provided through the Services are offered on an “as is” and “as available” basis without any representations, warranties, or conditions of any kind, whether express or implied.

This includes, but is not limited to, implied warranties of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.

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

Some jurisdictions do not allow limitations or exclusions of implied warranties, so some of these disclaimers may not apply to you.

Section 17 - Limitation of Liability

To the maximum extent permitted by law, Tail & Muse, our affiliates, directors, officers, employees, agents, contractors, service providers, licensors, Shopify, and its affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, but is not limited to:

Loss of profits;

Loss of revenue;

Loss of savings;

Loss of data;

Replacement costs; or

Any similar damages.

Such liability limitations apply regardless of whether the claim is based on contract, tort (including negligence), strict liability, or any other legal theory.

This applies to damages arising from your use of the Services, products purchased through the Services, or any other claims related to your use of the Services or products, including errors or omissions in any content or any loss or damage resulting from content or products made available through the Services, even if we have been advised of the possibility of such damages.

Section 18 - Indemnification

You agree to indemnify, defend, and hold harmless Tail & Muse, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, or expenses (including reasonable attorneys’ fees) arising from:

(1) Your violation of these Terms of Service or any documents incorporated herein;

(2) Your violation of any law or the rights of a third party; or

(3) Your access to or use of the Services.

We will notify you of any claim requiring indemnification. However, failure to provide timely notice will not relieve you of your obligations unless you are materially harmed as a result.

We may control the defense and settlement of such claims at your expense, including selecting legal counsel.

We will not settle any claim requiring you to undertake non-monetary obligations without your consent, which shall not be unreasonably withheld.

You agree to cooperate in the defense of any indemnified claim, including providing relevant documents.

Section 19 - Severability

If any provision of these Terms of Service is determined to be unlawful, invalid, or unenforceable, that provision shall still be enforced to the maximum extent permitted by applicable law.

The unenforceable portion shall be considered separated from these Terms, and such determination shall not affect the validity and enforceability of any remaining provisions.

Section 20 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms 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 this website or relating to the Services, constitute the entire agreement and understanding between you and us.

These Terms govern your use of the Services and replace any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

Any ambiguity in interpreting these Terms shall not be construed against the party who drafted them.

Section 21 - Assignment

You may not assign, transfer, delegate, or otherwise dispose of this agreement or any of your rights or obligations under these Terms without our prior written consent.

Any attempted assignment, transfer, delegation, or disposition without such consent will be considered invalid.

We may assign, transfer, or delegate these Terms and any of our rights and obligations without your consent or notice.

Section 22 - Governing Law

These Terms of Service and any separate agreements through which we provide Services to you shall be governed by and interpreted in accordance with the laws of the jurisdiction in which Tail & Muse is headquartered.

You and Tail & Muse agree to submit to the jurisdiction and venue of the federal and state or local courts located in that jurisdiction and consent to the personal jurisdiction of such courts.

Section 23 - Headings

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

Section 24 - 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, modify, or replace any part of these Terms of Service by posting updates and changes on our website.

It is your responsibility to periodically check our website for changes.

We will notify you of any material changes to these Terms as required by applicable law, and such changes will become effective on the date specified in the notice.

Your continued use of or access to the Services after any changes to these Terms are posted constitutes acceptance of those changes.

Section 25 - Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: studio@tailandmuse.com

Our contact information is as follows:

Business Name: [Insert Business Name]
Email: studio@tailandmuse.com
Address: 1/23 Moody Street, Balwyn North, VIC 3104, Australia
Phone Number: [Insert Business Phone Number]
Business Registration Number: [Insert Business Registration Number]
VAT Number: [Insert VAT Number]