Terms of service

Last updated: 27 March 2026

1. About the Website

1.1. Welcome to www.mays.com.au and www.mays.us (collectively, the 'Websites'). The Websites provide you with the opportunity to browse and purchase a range of products offered for sale (the 'Products'). Access to the Websites and their associated content, services, and purchasing functionalities is provided by MAYS GEMS (the 'Purchase Services').

1.2. The Websites are operated by MAYS GEMS PTY LTD (ABN 84 641 592 681), trading as MAYS GEMS ('MAYS', 'we', 'us', or 'our'). By accessing or using the Websites and any associated Products or Purchase Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ('Terms'). If you do not agree to these Terms, you must immediately cease using the Websites and the Purchase Services.

1.3. MAYS reserves the right to amend, modify, update, or replace any part of these Terms at its sole discretion. Any changes will take effect immediately upon publication on the Websites. Where practical, we will make reasonable efforts to notify you of any material changes. We encourage you to review these Terms regularly to ensure you are aware of any updates. It is your responsibility to keep a copy of the current Terms for your records.

2. Acceptance of the Terms

2.1. By accessing, browsing, or remaining on the Websites, you acknowledge and agree that you have read, understood, and accepted these Terms.

2.2. A link to these Terms of Service is made available at all times via the footer of the Websites. It is your responsibility to review the Terms prior to confirming your acceptance during checkout.

3. Registration to Use the Purchase Services

3.1. To access and use the Purchase Services, you may be required to register an account on the Websites. As part of the registration process or during your continued use of the Purchase Services, you may be asked to provide personal information, including but not limited to:

1. your full name

2. a valid email address

3. a shipping address

4. a billing address

5. a telephone number

6. a secure password

3.2. You warrant that all information provided to MAYS, during registration or at any time thereafter will be accurate, complete, and up to date.

3.3. Upon successful registration, you will become a registered user (‘Member’) and agree to be bound by these Terms. As a Member, you will be granted access to the Purchase Services provided on the Websites.

3.4. You may not use the Purchase Services or accept these Terms if:

1. you are not of legal age or capacity to form a binding contract with MAYS; or

2. you are prohibited from receiving or using the Purchase Services under the laws of Australia or any other relevant jurisdiction, including your country of residence.

4. Your Obligations as a Member

4.1. As a Member of the Websites, you agree to comply with the following obligations:

You will use the Purchase Services only for purposes that are lawful and permitted by:

1. these Terms;

2. any applicable laws, regulations, or generally accepted practices or guidelines in the relevant jurisdictions.

3. You are solely responsible for maintaining the confidentiality of your login credentials, including your email address and password. Any use of your account by another person may result in the immediate suspension or cancellation of your access to the Purchase Services.

4. You must not share your registration details with others. You agree to promptly notify MAYS of any unauthorised use of your account or any breach of security of which you become aware.

5. Access to and use of the Websites is limited, non-transferable, and granted solely for your personal use in connection with the Purchase Services provided by MAYS.

6. You must not use the Purchase Services or the Websites for any unlawful or unauthorised purpose, including but not limited to collecting email addresses or personal information of other users for the purpose of sending unsolicited communications; unauthorised framing of, or linking to, the Websites.

7. You acknowledge that any commercial advertising, affiliate links, or forms of solicitation posted on the Websites may be removed without notice, and such activity may result in the termination of your access to the Purchase Services. MAYS reserves the right to take legal action in response to any unauthorised or unlawful use of the Websites.

8. You must not engage in any automated use of the Websites or the Purchase Services (including bots, scrapers, or similar technologies).

5. Purchase of Products and Returns Policy

Order Acceptance

5.1. All orders placed through the Websites constitute an offer by you to purchase the selected Products in accordance with these Terms.

5.2. A binding agreement between you and MAYS will only be formed when we send you a confirmation of acceptance, which is typically included in the shipping confirmation email. For custom or made-to-order items, acceptance may be confirmed separately, such as through a direct email from our customer service team. The order confirmation email sent after your order is placed is for acknowledgment purposes only and does not constitute acceptance. Payment is only captured once your order is accepted and prepared for shipment.

5.3. We reserve the right to conduct security checks on orders placed through the Websites. This may include verifying billing and shipping information, requesting identification, or confirming payment details where there is reason to suspect fraud or unauthorised use. If we are unable to verify the legitimacy of an order, we may decline or cancel it without liability. No payment will be captured unless the order is accepted.

Availability and Listing Accuracy

5.4. All orders are subject to product availability. If a Product is unavailable at the time of order processing or has been discontinued or modified, we reserve the right to reject or cancel the order prior to acceptance. We may update or revise our product offerings and specifications without notice.

5.5. While we take care to ensure that all information, including pricing and product details, is accurate on our Websites, errors may occur. We reserve the right to reject or cancel any order where a Product is listed with incorrect pricing or information, even if payment has been authorised. If your payment has already been captured, we will refund the full amount.

Purchase Price and Payment

5.6. By using the Purchase Services to order Products through the Websites, you agree to pay the purchase price listed at the time of checkout (the ‘Purchase Price’).

5.7. Payments may be processed via one of the following third-party payment providers (the ‘Payment Gateway Providers’):

1. PayPal

2. Shopify Payments

3. Afterpay

By using a Payment Gateway Provider, you confirm that you understand and accept their respective Terms and Conditions and Privacy Policies.

Payment Capture and Receipt

5.8. When you place an order through our Websites, your payment method will be authorised but not charged immediately. A confirmation email will be sent to acknowledge receipt of your order:

1. For standard online products, payment is only captured and your purchase is confirmed when we accept your order and prepare it for shipment.
   

2. For custom or made-to-order items, payment (or a deposit) may be captured upon acceptance, which may occur separately from shipment. In such cases, acceptance will be confirmed by email.
   

Once payment has been successfully captured, MAYS will issue a receipt. We may retain your order details for customer service, security, or recordkeeping purposes in accordance with our Privacy Policy.

Returns & Refunds

5.9. We offer an inspection period for eligible online purchases:

1. For orders delivered within the United States, jewellery purchases are eligible for return, exchange, or store credit within 30 days of delivery.
   

2. For orders delivered outside of the United States, jewellery purchases are eligible for return, exchange, or store credit within 15 days of delivery.

5.10. Gemstone purchases made online are eligible for return, exchange, or store credit within 5 days of delivery, regardless of location. Returns will not be accepted if the gemstone has been altered, damaged, or set.

5.11. Refunds will incur a 9% restocking fee, while exchanges and store credits do not incur any fee.

5.12. All items must be returned in their original, unworn or unused condition, with sales tags intact and all original packaging, documentation, and invoices included.

Cancellations

5.13. Orders (excluding custom orders) may be cancelled within 2 hours of placing the order or before shipment, whichever comes first, by contacting us via phone or email. Custom designs and custom-made orders cannot be cancelled once a deposit has been made or production has commenced.

Exchanges

5.14. Exchanges are permitted in accordance with our returns policy. Exchange orders are not eligible for free shipping, and all shipping costs involved in the exchange process are your responsibility. No restocking fee applies to exchanges. Exchanges must be for items of similar value and are subject to availability at the time of the request.

Final Sale After Exchange

5.15. Once you have exchanged an item, the transaction is considered final and is no longer eligible for a refund. If you are unsure about your selection, we recommend contacting us for assistance before proceeding with an exchange. If a suitable replacement cannot be found, store credit will be issued.

Change of Mind After Requesting an Exchange

5.16. Once you have requested an exchange, whether in writing or verbally, your order will no longer be eligible for a refund, even if the exchange has not yet been fulfilled. If you later change your mind and no longer wish to proceed with the exchange, store credit will be issued instead. The unavailability of a preferred item in our current inventory does not reinstate refund eligibility.

General Return Conditions

5.17. Shipping fees are non-refundable. You are responsible for the return shipping, appropriate packaging, insurance, and any applicable duties or fees. MAYS is not liable for lost, stolen, or damaged return parcels.

5.18. All returns must be authorised by MAYS prior to being sent. Returns sent without authorisation, returns marked C.O.D., or improperly packaged returns will be refused.

Store Credit

5.19. Store credit may be issued for eligible returns (excluding custom designs). Store credit has no expiry and may be used on any future purchases.

6. Delivery

6.1. You acknowledge that the Purchase Services offered by MAYS include delivery services (the ‘Delivery Services’) facilitated through third-party logistics providers (the ‘Delivery Service Providers’), such as Australia Post, DHL Express, and FedEx.

6.2. As part of the Delivery Services, MAYS offers a range of shipping and insurance options made available by the Delivery Service Providers. MAYS does not directly provide these services and acts only as a facilitator. All shipping services are subject to the Delivery Service Providers' terms and conditions.

6.3. Free Express Shipping is available based on the total value of your order and shipping destination:

1. For Australian orders, free express shipping applies to orders over $200AUD.
   
   

2. For United States orders, free express shipping applies to orders over $200USD.
   
   

3. For all other international destinations, the free shipping threshold varies and will be automatically calculated at checkout based on your shipping location and currency.
   

Eligible orders will be shipped via express courier at no additional cost. Orders below the applicable threshold will be charged shipping fees as displayed at checkout.

Dispatch Times and Location

6.4. Orders are generally dispatched within 1 - 2 business days. Orders placed after 1:00 PM AEST on Fridays, or over weekends, are processed the following Monday. All products are shipped from Melbourne, Australia, with tracking provided.

Customs Duties and Tax

6.5. International customers are responsible for any customs duties, taxes, or import fees imposed by their local customs authority. MAYS is required to declare the value and contents of all international shipments in accordance with shipping regulations.

Delivery Guarantee

6.6. MAYS offers a complimentary Delivery Guarantee on all shipments. In the event that an order dispatched by MAYS is officially declared lost by the courier, MAYS will issue store credit equal to the full value of the original order. This guarantee is provided at no additional cost and is intended to offer peace of mind without requiring you to purchase separate shipping insurance.

6.6.1. The Delivery Guarantee does not apply in the following circumstances:

1. Where the you opt to purchase third-party shipping insurance for the order. In such cases, the Delivery Guarantee is void, and compensation if any will be subject to the terms and conditions of the insurance provider.

2. Where you request a redirection of the shipment with the Delivery Service Providers or a change to the shipping address after the order has been dispatched.

In cases where a shipment is deemed lost under the above circumstances, MAYS recommends that you contact the courier directly to initiate any applicable claims for compensation.

Shipping Insurance

6.7. Shipping insurance is not included in standard shipping options or free shipping. If you would like to add insurance to your order, please contact MAYS prior to checkout. Insurance costs are calculated based on the order value. Orders covered by insurance will be eligible for compensation according to the insurer’s approved claim process in the event of loss.

Lost in Transit

6.8. If your order does not arrive within a reasonable timeframe, MAYS will initiate an investigation with the relevant Delivery Service Provider. If the item is deemed lost in transit, compensation will be issued either under the Delivery Guarantee or via the insurance policy, depending on your shipping method.

6.9. In all cases of delivery loss or damage, you agree to:

1. first contact the Delivery Service Provider to lodge a claim, where applicable; and

2. notify MAYS at info@mays.com.au with relevant order and tracking details, so we can assist with resolution and assess the Delivery Service Provider's ongoing suitability.

7. Warranty

7.1. MAYS Products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

7.2. To make a warranty claim under the ACL, you must provide:

1. Proof of purchase showing the date of the transaction
   

2. A description of the Product and the issue
   

3. The purchase price
   

Please contact us by email at info@mays.com.au or by post to:

MAYS GEMS PTY LTD
Shop 11B, 1880 Ferntree Gully Road,
Ferntree Gully, VIC 3156, Australia

7.3. If your warranty claim is accepted, MAYS will comply with its obligations under the ACL, which may include a refund, replacement, or repair, depending on the nature of the issue.

7.4. This Warranty does not apply to:

8. User-Generated Content

8.1. By submitting content (such as reviews, testimonials, photos, or videos) through our Websites or social media platforms tagging MAYS, you confirm that such content is not confidential and grant MAYS a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide licence — or where applicable, assign all rights — to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for marketing, advertising, promotional, or other business purposes.

8.2. Where legal ownership of the content does not automatically vest in MAYS upon submission, you agree to irrevocably assign all intellectual property rights in the content to MAYS at no cost.

8.3. You agree that MAYS may, at its discretion:

1. Edit, crop, or otherwise modify the style, layout, colours, or format of any submitted content;
   

2. Reproduce, adapt, publish, communicate, or display the content through any medium;
   

3. Add supplementary information, branding, or context to the content; and
   

4. Use the content without identifying you as the author.

8.4. To the fullest extent permitted by law, you waive any Moral Rights (as defined under the Copyright Act 1968 (Cth)) you may have in relation to the content submitted, including the right to be identified as the author and the right to object to derogatory treatment.

8.5. You warrant that all content you submit is your original work, does not infringe any third party’s intellectual property or privacy rights, and complies with any guidelines for submissions that we may publish from time to time.

9. Promotional Offers & Gift Cards

9.1. Promotional offers, discounts, or coupon codes are subject to terms and conditions specific to each offer. MAYS reserves the right to withdraw or modify any promotion at any time without notice.

9.2. Gift cards issued by MAYS are non-refundable and may not be redeemed for cash. They are valid for use online only and must be used before the expiry date (if applicable).

10. Changes to Products and Pricing

10.1. MAYS reserves the right to modify or discontinue any Products or services at any time without notice. Prices for Products are subject to change at our discretion. While we make every effort to ensure pricing is accurate, we reserve the right to cancel or refuse orders placed with incorrect pricing or availability information.

11. Copyright and Intellectual Property

11.1. The Websites, Purchase Services, and all related products and content provided by MAYS are protected by copyright under Australian law and international treaties. Unless otherwise stated, all rights (including copyright) in the content of the Websites and the compilation thereof — including but not limited to text, images, graphics, logos, icons, videos, audio clips, and software (‘MAYS Content’) — are owned or controlled by MAYS or its content contributors, and all such rights are reserved.

11.2. MAYS retains full ownership of all rights, title, and interest in and to the Websites and all associated intellectual property. Nothing you do on or in connection with the Websites grants you:

1. any right to use or claim ownership of any business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright belonging to MAYS;

2. any licence or right to use or exploit any of the above; or

3. any right to use or reproduce a system, process, or content protected by intellectual property laws (including adaptations or modifications), unless expressly authorised in writing.

11.3. You may not, without the prior written consent of MAYS and, if applicable, the relevant third-party rights holders: broadcast, republish, upload to a third-party platform, transmit, post, distribute, publicly display, adapt, or modify any MAYS Content for any purpose. This restriction does not apply to materials that are explicitly marked as reusable or that are in the public domain.

11.4. The names “MAYS GEMS”, “MAYS”, and all associated logos and branding used on the Websites are trademarks of MAYS GEMS PTY LTD. These trademarks are registered in Australia under trademark numbers 2129992 and 2131422, and are also protected internationally. You may not use, reproduce, modify, or distribute any MAYS trademarks without the prior written consent of MAYS.

12. Privacy

12.1. MAYS is committed to protecting your privacy. Any personal information you provide through your use of the Websites and/or the Purchase Services will be handled in accordance with our Privacy Policy, which forms part of these Terms.

12.2. By using the Websites, placing an order, or providing your personal information to MAYS, you acknowledge and consent to the collection, use, disclosure, and handling of your information as described in our Privacy Policy.

12.3. You may access our full Privacy Policy at any time via the link in the footer of the Websites or directly here.

13. General Disclaimer

13.1. You acknowledge that MAYS does not make any guarantees, warranties, representations, or conditions regarding the Products, other than those expressly set out in these Terms or required by law.

13.2. MAYS makes every effort to ensure that Products are accurately described on the Websites. However, you acknowledge that due to the nature of digital displays and photography, actual appearance, size, or colour of Products may vary. For additional information about visual accuracy, please see Clause 14.6.

13.3. Nothing in these Terms excludes or limits any rights or guarantees you may have under the Australian Consumer Law or other applicable consumer protection laws which cannot be excluded or limited by law.

13.4. Subject to Clause 14.3 and to the extent permitted by law:

1. all express or implied terms, warranties, guarantees, representations or conditions not stated in these Terms are excluded; and

2. MAYS is not liable for any indirect, incidental, special, or consequential loss or damage including loss of profit, opportunity, or goodwill arising out of or in connection with the Purchase Services, Products, or these Terms, whether under contract, tort (including negligence), statute, equity, or otherwise.

13.5. Subject to Clause 7 and any rights you may have under the Australian Consumer Law, use of the Websites, Purchase Services, Products, and Delivery Services is at your own risk. All content, services, and Products are provided on an “as is” and “as available” basis, and MAYS makes no additional warranties or guarantees beyond those required by law.

To the maximum extent permitted by law, MAYS and its affiliates, directors, employees, agents, contributors, third-party content providers, and licensors make no express or implied warranties regarding the Websites, the Purchase Services, or the Products, including but not limited to:

1. performance interruptions, system errors, defects, data loss, computer viruses, or unauthorised access;

2. the accuracy, reliability, or currency of information or content;

3. costs incurred through the use of the Websites or Services;

4. content of linked sites or third-party services;

5. failure to complete transactions or fulfil orders;

6. conduct or content of any third parties using or referencing the Websites.

14. Product Disclaimer

Discounted Pricing

14.1. Items advertised as discounted were previously listed for sale at the original (higher) price before the relevant sale commenced. However, you acknowledge that such items may have been sold at a lower price from time to time as part of a promotion or other event.

Natural Characteristics, Flaws, and Inclusions

14.2. Many of our Products feature natural gemstones and jade, which by their very nature may display internal characteristics such as inclusions, fissures, variations in colour, texture, translucency, or growth patterns. These features are not considered defects or damage but are inherent to the material and often contribute to its uniqueness and value.

You acknowledge and accept that:

1. Natural flaws or inclusions are common and expected in untreated or minimally treated gemstones and jade;
   

2. Stonelines may be present in jade. These are natural “scars” from internal fractures that occurred during the stone’s growth. Over millions of years, these fractures have healed, leaving behind visible markings within the structure of the jade. They are not cracks or damage but a natural part of the jade’s formation history;
   

3. Such characteristics do not affect the authenticity, durability, or beauty of the stone when properly assessed;

4. Often, inclusions are microscopic and may not be visible to the naked eye, but may still be detected during professional gemmological assessment;
   

5. These natural variations may be visible in person and under lighting conditions that differ from how they appear in online photos or videos.

Product Treatments and Enhancements

14.3. You acknowledge and agree that certain gemstones and precious materials may be subject to industry-standard treatments or enhancements, including but not limited to:

1. Heat treatment (commonly applied to enhance colour in various gemstones);

2. Waxing or oiling (commonly applied to jade to improve surface luster);

3. Irradiation (used to alter or intensify colour in some gemstones);

4. Dyeing (used in some lower-grade jade or gemstones, though not used in MAYS products unless explicitly disclosed);

5. Bleaching or polymer impregnation (associated with certain commercial-grade jades, referred to as B- or C-grade jade; not used in MAYS products unless clearly labelled).

6. Lab-creation of gemstones (synthetic stones grown under controlled conditions to replicate natural ones).

MAYS only offers untreated or minimally treated gemstones, and we clearly disclose any known treatments in accordance with industry best practices and our commitment to transparency.

Disclosure

14.4. Where we are aware of any such treatments, we will disclose them on the relevant product page or invoice. Likewise, if a gemstone or jade piece has visible inclusions or natural flaws that may affect its appearance, we will disclose this on the product page to the best of our knowledge and professional judgment. If you require additional clarification regarding treatment, origin, or natural characteristics, please contact our team before placing your order.

14.5. MAYS is committed to transparency in gemstone disclosure and adheres to the ethical standards set out by the Gemmological Association of Australia (GAA) and the Jewellers Association of Australia (JAA), including their respective Codes of Ethics which require full and accurate disclosure of known gemstone treatments.

Product Images and Display

14.6. While all reasonable care is taken to ensure that photographs on the Websites accurately represent the Products, you acknowledge that due to the inherent difficulties in photographing jewellery including lighting, reflections, and varying screen resolutions — some items may appear larger, smaller, or slightly different in colour than their actual appearance.

Unique Nature of Jade Bangles and One-of-a-Kind Items

14.7. Due to the natural and handcrafted nature of jade bangles and other one-of-a-kind pieces, each item is unique in size, shape, colour, translucency, and internal features. As such:

1. If an exchange is requested due to sizing or personal preference, MAYS cannot guarantee an identical replacement.
   

2. Exchanges will be limited to similar items of comparable value, selected from available inventory at the time of the request. If a suitable exchange cannot be found, store credit will be issued in accordance with our returns policy (see Clause 5.19).

3. We encourage you to review size guides or contact our team prior to purchase for help with sizing and selection.

15. Limitation of Liability

15.1. To the maximum extent permitted by law, MAYS’s total aggregate liability to you in connection with the Purchase Services or these Terms whether under contract, tort (including negligence), statute, or otherwise is limited to the amount of the most recent Purchase Price you paid (if applicable). Where no payment has been made, MAYS’s liability is limited to resupplying the relevant Purchase Services or information.

15.2. You agree that MAYS, its employees, agents, affiliates, and licensors are not liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, goodwill, data, or business reputation, even if MAYS has been advised of the possibility of such damages.

15.3. MAYS is not responsible or liable for any content (including user-generated content or third-party content) posted to or appearing on the Websites, or otherwise in connection with the Purchase Services.

15.4. You acknowledge that the Delivery Services are provided by third-party carriers, not MAYS, and agree that MAYS shall not be liable for any indirect or consequential loss, including lost profits or goodwill, arising out of or in connection with the provision or failure of Delivery Services, except as set out under our Delivery Guarantee (see Clause 6.6).

15.5. If any limitation or exclusion of liability in this Clause 15 is found to be invalid or unenforceable in whole or in part, then, to the maximum extent permitted by law, MAYS’ total aggregate liability to you in connection with the Websites, Products, and Purchase Services will not exceed one Australian dollar (AUD $1.00).

16. Termination of Contract

16.1. These Terms will remain in effect unless and until terminated by either you or MAYS in accordance with this clause.

16.2. You may terminate your agreement with MAYS at any time by:

1. providing written notice to MAYS, and

2. closing your account(s) for any Purchase Services, where such functionality is available.

Your written notice should be sent via the Contact Us page available on the Websites.

16.3. MAYS may terminate these Terms with you at any time, without notice, if:

1. you have breached, or intend to breach, any provision of these Terms;

2. MAYS is required to do so by law;

3. any third-party partner or service provider through which MAYS offers the Purchase Services has terminated its relationship with MAYS or ceased to provide its services;

4. MAYS determines, in its sole discretion, that it is no longer commercially viable to offer the Purchase Services in your location; or

5. MAYS chooses to cease providing the Purchase Services generally.

16.4. Subject to applicable law, MAYS reserves the right to suspend, restrict, or cancel your access to all or part of the Websites or the Purchase Services at any time, without notice, if:

1. you breach these Terms or any applicable law;

2. your conduct harms MAYS's reputation; or

3. your use infringes on the rights of others.

16.5. Termination of these Terms does not affect any rights, obligations, or liabilities that either you or MAYS have accrued or are stated to continue indefinitely. These obligations will survive termination and continue in full force.

17. Indemnity

17.1. You agree to indemnify, defend, and hold harmless MAYS, its affiliates, employees, agents, officers, licensors, and content contributors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including legal fees on a full indemnity basis) arising out of or in connection with:

1. any content you submit, post, or transmit via the Websites;

2. your access to or use of the Websites, Purchase Services, or any related transaction;

3. your breach of these Terms or violation of any applicable law or third-party rights.

18. Dispute Resolution

Compulsory Process

18.1. If a dispute arises in connection with these Terms, neither party may commence any legal proceedings (except for urgent injunctive or interlocutory relief) unless the procedures outlined in this clause have first been followed.

Notice of Dispute

18.2. A party claiming that a dispute (‘Dispute’) has arisen must provide written notice to the other party, outlining:

1. the nature of the Dispute,
   
   

2. the desired outcome, and
   
   

3. the action required to resolve it.

Negotiation and Mediation

18.3. Upon receipt of a dispute notice (‘Notice’), both parties (‘the Parties’) must:

1. within 14 days, attempt in good faith to resolve the Dispute through negotiation or any other mutually agreed method;

2. if unresolved after 14 days, jointly appoint a mediator or request that a mediator be appointed by the President of the Dispute Settlement Centre of Victoria (or their nominee);

3. equally share the mediator’s fees and the venue costs. Each party is responsible for their own legal and mediation-related costs;

4. conduct the mediation in Victoria, Australia.

Confidentiality

18.4. All negotiations and communications in connection with this Dispute Resolution clause must be treated as confidential and, where possible, considered “without prejudice” under applicable evidence laws.

End of Mediation

18.5. If the Dispute remains unresolved 3 months after mediation has commenced, either party may request that the mediator terminate the mediation process.

19. Venue and Jurisdiction

19.1. The Purchase Services provided by MAYS are intended for users residing in or accessing the Websites from Australia. You agree that any dispute arising in connection with the Websites, Purchase Services, or these Terms will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

20. Governing Law

20.1. These Terms are governed by and construed in accordance with the laws of Victoria, Australia, without regard to any conflict of law principles. Any dispute, claim, or proceeding arising out of or relating to these Terms will be subject to the laws of Victoria.

20.2. This clause remains valid and enforceable, regardless of the parties' location or jurisdiction, and these Terms shall bind the parties and their respective successors and assigns.

21. Independent Legal Advice

21.1. You acknowledge that the Terms are fair and reasonable and that you have had the opportunity to obtain independent legal advice before accepting them. You agree that these Terms are not contrary to public policy on the grounds of inequality of bargaining power or restraint of trade.

22. Severability

22.1. If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remainder of the Terms. The remaining provisions shall continue in full force and effect.

23. Force Majeure

23.1. MAYS will not be held liable for any failure or delay in performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, war, government restrictions, pandemics, labour strikes, shipping disruptions, or failure of suppliers or subcontractors.