Terms of Service

Welcome to the Myo Munchee website. This website is owned and operated by Myo Munchee (Operations) Pty Ltd (ACN 629 971 115).

These Terms and Conditions (Terms) apply to the use of this website and the ordering, purchase, fulfilment and delivery of products from www.myomunchee.com.au.

By accessing and/or using this website, or placing an order, you agree to the Terms, which include our Privacy Policy (available at https://myomunchee.com/privacy/).

Please read the Terms carefully before using the website or placing your order. These Terms contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

1. DEFINITIONS

   In these Terms:
   1. Account means an account created on the Website and includes Practitioner Accounts and Consumer Accounts;
   2. Additional Delivery Charge has the meaning given in clause 8.6;
   3. Consumer means a person who uses the Website who is not a Practitioner;
   4. Consumer Account means an Account that is not a Practitioner Account;
   5. Consumer Price means the price that is displayed to you if you set up a Consumer Account or do not set up an Account;
   6. Delivery Charge has the meaning given in clause 8.6;
   7. Delivery Options means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges may vary for each Delivery Option;
   8. International Delivery Charges has the meaning given in Section 8.6
   9. Order means an order for Products, placed on the Website;
   10. Password means the password needed to access your Account;
   11. Practitioner means a registered medical, dental or allied health practitioner;
   12. Practitioner Account means an Account set up by a Practitioner;
   13. Practitioner Price means the price that is displayed to you if you set up a Practitioner Account;
   14. Product means any product available for purchase on the Website;
   15. Selected Delivery Option” has the meaning given in Section 8.6; and
   16. ‘we’, ‘our’ and ‘us’ means Myo Munchee (Operations) Pty Ltd and our related bodies corporate.
   17. Website means myomunchee.com.au.

2. LEGAL CAPACITY

   If you are under the age of eighteen (18) years you cannot place Orders with us. By accepting the Terms, You acknowledge that You are over the age of eighteen (18) years.

3. WEBSITE USE

   1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
   2. You must ensure that Your access or use of the Website is not illegal or prohibited by laws which apply to You.
   3. You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

4. REGISTRATION

   1. You may create a Consumer Account or Practitioner Account in order to place Orders using our Website. You may also place an Order without creating an Account.
   2. You must not create an Account for another person and may only create a Practitioner Account if you are a Practitioner.
   3. When you register and activate your Account:
      1. if you are a Practitioner, you agree to provide us with your Practitioner information, including your first and last name, business website, profession, practice name, practice address, practice email address, practice phone number and any other information we require in order to verify that you are a Practitioner:
      2. if you are a Consumer, you agree to provide us with personal information, including your first and last name, postal and billing address, email address and phone number.
      You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
   4. When you register your Account, you will choose a Password and your username will be the email address you enter. You are responsible for keeping your user name Password secure and all use and activity carried out on your Account. You must not provide your user name or Password to another person and must notify us immediately if you become aware of any actual or potential unauthorized use of your Password or Account.
   5. To create an Account, you must be:
      1. at least 18 years of age;
      2. possess the legal right and ability to enter into a legally binding agreement with us; and
      3. agree and warrant to use the Website in accordance with these Terms.

5. COLLECTION NOTICE

   1. We collect personal information about you in order to respond to your enquiry, process your Account registration and any Orders you may place and for purposes otherwise set out in our Privacy Policy at https://myomunchee.com/privacy/).
   2. We may disclose that information to third parties that help us deliver our services and Products (including information technology suppliers, communication suppliers and our agents and business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and Products to you. We may also disclose your personal information to recipients that are located outside of Australia, including to regulatory authorities, agents, international Product distributors, information technology suppliers, freight or courier companies.
   3. Our Privacy Policy explains:
      1. how we store and use, and how you may access and correct your personal information;
      2. how you can lodge a complaint regarding the handling of your personal information; and
      3. how we will handle any complaint.
      If you would like any further information about our privacy policies or practices, please contact us at hello@myomunchee.com
   4. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

   1. The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
   2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
   3. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, Products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

7. PROMOTIONS AND COMPETITIONS

   1. For certain campaigns, promotions or contests, additional terms and conditions may apply.
   2. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

8. PURCHASES

   1. Pricing
      1. Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by us and a Purchase Contract formed under clause 8.4, the price of the Product cannot be varied except:
      1. by agreement between you and us in writing or by email; or
      2. in accordance with clause 8.4(d).
      2. All Prices listed on the Website exclude Delivery Charges, Additional Delivery Charges and International Delivery Charges. Delivery Charges and International Delivery Charges are shown separately on an Order.
   2. 1. All Prices of Products are quoted in Australian dollars and are exclusive of GST or other value added taxes that may be applicable in your jurisdiction.
      2. All Delivery Charges, Additional Delivery Charges are quoted in Australian dollars and are inclusive of GST.
      3. All International Delivery Charges are quoted in Australian dollars and are exclusive of GST.

   3. Product Specifications

      1. Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, we will not materially change the features and specifications of a Product once an Order has been accepted by us and a Purchase Contract formed under clause 8.4.
      2. All weights and dimensions of Products described in the Website are approximate.

   4. Orders

      1. You may place an Order by following the instructions on the Website. By placing an Order, you make an offer to enter into an agreement to purchase the Product(s) that are the subject of Your Order (Purchase Contract).
      2. Orders will be deemed to have been received by us at the time we send an Order confirmation to your nominated e-mail address.
      3. We are an online business and will primarily communicate with you via e-mail. It is your responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
      4. We reserve the right to decline to enter into a Purchase Contract with you and may cancel your Order at any time prior to dispatch of the Product(s).
      5. In the event of a cancelled Order that is not dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
      6. We do not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
      7. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control (or the reasonable control of our affiliates), and we will be entitled to a reasonable extension of time for the performance of such obligations.
      8. Where you have provided an incorrect or incomplete delivery address for your Order, we may charge a redelivery fee for each subsequent delivery attempt.

   5. Payment

      1. You may provide your nominated credit card during the purchase process described on the Website.
      2. Payment for Orders will be processed immediately upon confirmation of your Order
      3. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols your Order will not be fulfilled. If you do not provide the requested information within up to 14 days, your Order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
      4. Despite our best efforts, on occasion it may be possible that a small number of the Products in our range may be incorrectly priced on the Website. If we have made a mistake and a Product's correct price is higher than the price on the Website, we may either contact you before shipping to request whether you want to purchase the Product at the correct price or cancel your Order. If a Product's correct price is lower than the stated price on the Website, we will charge the lower amount and send you the Product, or where the higher incorrect price has been charged, we will refund the price difference and send you the Product.

   6. Delivery and Ownership of Goods

      1. In addition to the Price for the Products, you will also need to pay the listed delivery charge (if any) (Delivery Charge) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
      2. In addition to the price for the Products and the Delivery Charge (if any), you may also need to pay any additional delivery charges that are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our courier company of choice does not provide door-to-door service (Additional Delivery Charge). Additional Delivery Charges may apply even if a Product is listed on the Website as having “free delivery”, “free freight” or similar. We will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If you do not accept the Additional Delivery Charge, we will cancel your Order and, if we have already accepted payment for the Order, process a refund in accordance with clause 8.8.
      3. If we agree to deliver Products outside of Australia, international delivery charges will apply (International Delivery Charges). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.
      4. When you place an Order for Products to be delivered, you will be required to select one of the available Delivery Options for your Order (Selected Delivery Option). You may contact us at hello@myomunchee.com to request an estimated delivery time.
      5. We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. We do not accept any liability for loss or damage suffered by anyone as a result of any such delays.
      6. We will provide you with tracking information for your Order once your Order has been dispatched. Where scheduled dispatch of a Product is delayed by more than 14 days, we will notify you by e-mail via the e- mail address nominated in your Order. You may cancel your Order and receive a refund or store credit at any time prior to dispatch of the Product(s).
      7. We will only deliver Products to PO Box addresses located in Australia. We will not deliver Products to PO Box addresses in any other country.
      8. Where you give written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
      9. The couriers or postal services nominated by us will deliver Products during local business hours (9am to 5pm, Monday to Friday).
      10. We are not responsible for the delivery times of Products. Once Products have been dispatched, it is your responsibility to liaise with the courier or postal service nominated by us (as notified to you) in relation to the date and time of delivery. We will not be liable for any inaccuracy of information provided to you relating to the date and time of delivery.
      11. We reserve the right to not ship to remote or rural locations
      12. Title and risk in the Products pass to you on the date and time of delivery of the Products to the delivery address provided in your Order.

   7. Faulty or Damaged Goods

      1. We will repair, replace or refund faulty or damaged Products in accordance with Australian Consumer Law.
      2. You should check your Products as soon as they are delivered to you in order to ensure that:
         1. they are what you ordered; and
         2. they are not damaged or faulty. If this is not the case you should contact us as soon as possible.
      3. If you have a problem with any Products or otherwise wish to return them please contact us as soon as possible.
      4. When returning Products
         1. please provide us with your proof of purchase;
         2. it is a requirement for the fulfilment of refunds, exchanges and warranties that you use your best endeavours to return all out-of-the-box accessories supplied at the time of original purchase.
      5. You are also encouraged to use the original packaging where possible in order to avoid damage in transit.
      6. You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Products themselves.

   8. Refunds

      1. If we are obliged to refund your payment pursuant to these Terms, we will use our best endeavours to initiate your refund within 7 business days (Monday – Friday 9 a.m to 5 p.m Australian Eastern Standard time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
      2. if we are obliged to provide you a partial refund of your payment for specific Products in your Order, we will only refund the component of the Delivery Charge relating to the Products which are subject to the refund.
      3. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

   9. Consumer Guarantees

      In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Competition and Consumer Act 2010 (Cth) and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 (Cth) are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

9. INTELLECTUAL PROPERTY RIGHTS

   1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content).
   2. Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, we do grant you a licence to access the Website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third-party licensors.
   3. Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
   4. All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.

10. UNACCEPTABLE ACTIVITY

    1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
       1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
       2. using this Website to defame or libel us, our employees or other individuals;
       3. uploading files that contain viruses that may cause damage to our property or the property of other individuals;
       4. posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
    2. If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

11. WARRANTIES AND DISCLAIMERS

    1. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
    2. We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

12. LIABILITY

    To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

13. GENERAL

    1. These Terms, together with your Order (if any), constitute the entire agreement between Us and You regarding the use of the Website and the ordering, purchasing and supply of Products.
    2. We reserve the right to make changes to the Website and these Terms without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms are published on the Website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms.
    3. You cannot vary the Terms without our prior written consent.
    4. Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the enforceability of other provisions.
    5. A failure or delay by us to exercise a power or right under these Terms does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude its future ability to exercise that or any other power or right.
    6. Your use of the Website and the ordering, purchase, fulfilment and delivery of Products from the Website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
    7. None of our employees or agents have the authority to vary any of the Terms governing any sale.