Terms & Conditions

Overview
We, us, our, MiWellbeing means the business ABN 81 704 415 701
Site means the miwellbeing.com.au website
Service means all information, tools, and services available from the Site including the Site. When you visit our Site and / or purchase something from our Site, you engage in our Service.
The Site and Service is owned and operated by MiWellbeing

Before you access or use the Service, you must read these terms and conditions (Terms). By accessing or using our Service, you are agreeing to be bound by these Terms below. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

If you do not agree to these Terms, then you may not access the Site or use our Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

We may vary these Terms at any time, with the modified agreement being effective immediately upon posting on the Site. Any new updates or additions to our Service shall also be subject to these Terms. Your continued use of or access to the Site or Service following the posting of any updates to these Terms constitutes acceptance of those changes.

We reserve the right to refuse our Service to anyone for any reason at any time.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Privacy Policy
You acknowledge that you have read and agree to our privacy policy.
If MiWellbeing or the Site is sold, we reserve the right to transfer without notice your personal information, including any rights collected and agreements made with you.

Intellectual Property, copyright and trademarks
Unless otherwise indicated we own the copyright in the material and trademarks on this Site. You agree not to infringe any intellectual property rights owned by us.

This Agreement does not transfer from us to you any MiWellbeing or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us. Non MiWellbeing trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any MiWellbeing or third-party trademarks.

Information for personal, non-commercial use only
Information on our Site or Service is limited to personal use only and must not be used for any commercial purposes or be sold or re-distributed.
The data, information, code and software on our Site or Service must not be extracted, modified, copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, including but not limited to, for the purposes of use on your website, or in any other publication, or for an unlawful purpose.

Provision of Information
The onus is on the purchaser to ensure that the correct information is provided when purchasing from our Site. This includes name, address, contact numbers and email addresses. We accept no liability or responsibility for issues or costs arising from incorrect information being supplied when using our Service or buying from our Site.

Colour
Our site displays products, however colours displayed on a screen vary and may not represent the exact colours in reality. We are not responsible or liable for any liability or loss incurred through the colours of the Site not matching reality.

Cancellations:
Due to the order processing of our Site we cannot accept cancellations. Please make sure you select your products carefully.

No guarantees as to the service
MiWellbeing provides no warranty to you that the services generally available through our Site will be uninterrupted or error-free or that defects in the Service will be corrected. The Site is provided “as is”. MiWellbeing and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. You also understand that MiWellbeing cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Information on our Site / Service and responsibility of users / visitors of our Site / Service
We are not responsible if information made available on our Site or Service is not accurate, complete or current. The material on our Site or Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, independent, more accurate, more complete or more timely sources of information. Any reliance on the material on our Site or Service is at your own risk.

It is solely your responsibility to evaluate the accuracy, completeness, quality, safety, legality and usefulness of all opinions, advice, services, merchandise, content and other information provided through the Site or Service or on the Internet generally.

In no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site or Service.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from the use by you of the Site or Service, or from any downloading by you of content posted.

You must not use our Site or Service to:

  • distribute or post spam;
  • distribute viruses or any other technologies that could harm our Site or Service;
  • copy, modify or distribute rights or content from our Site or Service;
  • take any action that places an unreasonable load on our infrastructure;
  • copy, reproduce, duplicate, modify, create derivative works from, distribute, or publicly display any content (except for your own personal use) from the Site or Service;
  • take any action to disrupt our Site or Service;
  • submit false or misleading information; or
  • spam, phish, pharm, pretext, spider, crawl, or scrape;

No guarantees or endorsements of sites or services we link to or that link to us
We provide links and pointers to Internet sites maintained by third parties from our Site or Service. Such linked sites are not under the control of us and we are not responsible for the content (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We are not responsible for the copyright compliance of any linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

Our rights to use information you send us
You agree that we may use without restriction any information or material that you send us.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Liability
In no event will we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to you or any other third party 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 Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless MiWellbeing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of our Service, your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

General provisions
If any part of these Terms is held invalid that part shall be severed from these Terms and the remainder of these Terms will continue to be valid and enforceable.

Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.

The laws governing these Terms will be the laws in NEW SOUTH WALES, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in NSW.

Whilst the products offered on our Site/Service are natural, some product ingredients can cause undesirable reactions in those with sensitivities. We highly recommend that allergy tests be conducted before use of any products mentioned on our Site/Service and before using any items referred to in any associated media. Professional medical advice should always be consulted before, during and after pregnancy. You should always seek medical advice if in doubt.

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

We may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

The Website is available only to individuals who are at least 13 years old.

It’s the three-digit number printed on the back of your card. For American Express, it’s the 4-digit number on the front.
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