Definitions and Interpretation
In these Terms and Conditions of use, unless the context otherwise requires:
“Claims”means all demands, claims, proceedings, penalties, fines and liability whatsoever (whether criminal or civil, in contract, tort or otherwise).
“Confidential Information” means any and all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding information:
entering the public domain or disclosed to a party by a third party, unless in breach of this Agreement; and
developed independently by a party.
“Content”means any text, images, audio, video and all other forms of information or data that you upload, share or transmit to, through or in connection with our Services.
“Loss” means all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever.
“Products” means the MiHIGH-branded Infrared Sauna Blanket and the MiHIGH-branded accessories contained in the original packaging and any other MiHIGH products that we may choose to sell at any time.
“Terms and Conditions” means our Terms of Website Use and Terms of Sale.
“User Account”means the account you use to access our Services.
“We” “us” “our” and “MiHIGH” means MiHIGH Pty Ltd.
“You” and “your” means the end user or purchaser or any person who accesses our Services or purchases our Products for any reason.
In the Terms and Conditions, unless the context otherwise requires:
words importing any gender include every gender;
words importing the singular number include the plural number and vice versa;
words importing persons include firms, companies and corporations and vice versa;
any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
headings do not affect interpretation; and
the word "including" (and related forms including "includes") means "including without limitation".
ACCEPTANCE OF TERMS
Our Terms and Conditions are intended to make you aware of your legal rights and responsibilities with respect to your access to our Services.
By accessing or using our Services, you agree to be bound by our Terms and Conditions. If you do not agree to all the terms or meet all eligibility requirements, you must discontinue use of our Services immediately.
In the event of any inconsistencies between this Terms and Conditions and any other agreements, the Terms and Conditions contained in this Agreement prevail to the extent of the inconsistency.
These Terms and Conditions constitute the entire agreement between MiHIGH and you with respect to your use of the website and Services and your purchase of Products from us.
VARIATION OF TERMS
We reserve the right to amend or vary the Terms and Conditions from time to time without giving any reason.
You will be given notice of any change by publication of an amended Terms and Conditions (‘Amended Terms and Conditions’) on our website or being sent a copy of the Amended Terms and Conditions by email, post or facsimile and take effect 21 days after the date on which they are published or are sent to you in accordance with this clause.
You may elect not to be bound by our Amended Terms and Conditions. If you do not wish to be bound under the Amended Terms and Conditions, you must cancel your use of our Service. By continuing to use our Service after such time as the Amended Terms and Conditions take effect you are deemed to irrevocably accept the Amended Terms and Conditions without reservation and are bound by them.
TERMS OF WEBSITE USE
In order to access, use or subscribe to our Services you must be at least 18 years of age (the “Minimum Age”). If you do not meet the Minimum Age requirement, or do not meet any other eligibility requirement set out herein or in any companion policy or document, you shall immediately stop using or accessing our Services.
Your continued use and access of our Services is your certification and acknowledgement that you meet all stated eligibility requirements and agree to be bound by our Terms and Conditions.
In creating a User Account, you represent to us that all information provided in such process is true, accurate and correct. You agree to update your information as necessary to maintain its legitimacy, truth and accuracy.
You must not impersonate, create or use an account for anyone other than yourself, or create multiple accounts except as authorised by us in writing.
You must keep your password confidential. You are solely responsible for maintaining the security and confidentiality of your account information, and for all information and Content made available through and in connection with your User Account.
You are responsible for all activities of your User Account, including without limitation the publication of any Content using that account. You will notify us immediately of any unauthorised use of your account in order to enable us to take necessary corrective action.
You agree and acknowledge that all Content submitted by you is your full responsibility and you assume all risks and liabilities associated with and related to your Content.
You agree and acknowledge that you will not upload or contribute any Content that:
infringes, violates or otherwise interferes with any copyright or trademark of others;
disclose any private or confidential information;
disclose any proprietary or intellectual property right;
disclose any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it;
is offensive, defamatory, abusive, threatening, misleading, inaccurate or otherwise is in contravention of these Terms and Conditions, any companion policy or document, any legislation or rights of others, or not in keeping with community standards; or
contains any virus, Trojan horses, defects, or other items of a destructive nature that will interfere, intercept or inhibit the performance of the Services.
You agree and acknowledge that providing any Content under clause 7.2 may expose you to liability for legal claims and potential damages.
You agree by submitting Content to our website, you acknowledge its intended use and publication through our Services, and correspondingly you hereby irrevocably grant us the continuous, non-exclusive, royalty-free right to use your Content for any purpose whatsoever and in any format.
We reserve the right at any time and without prior notice, to remove, block or disable access to any Content that we consider to be in violation of the Terms and Conditions or otherwise harmful to the Services or other users in our sole discretion.
THIRD PARTY CONTENT AND LINKS
Our Service may permit interactions between the Service and a third party website or feature, including applications that connect the Service with a third party website or feature.
You agree and acknowledge that any Content you share with a third party may be publicly posted on that third party’s service or application.
You agree and acknowledge that we are not responsible for any such external links and material, and do not endorse any advertising or other content appearing in or linked to from our Services.
You agree and acknowledge that all correspondence and any communications between you and any third party accessed or found through our Services are strictly between you and the third party.
You may, at your sole and absolute discretion and risk, use applications that connect our Service with a third party service (“Application”) and such Application may communicate, connect to or gather information from you.
By using Applications, you agree and acknowledge to the following:
if you use the Application to share information, you are consenting to information about your profile on our Service being shared;
your use of an Application may cause personally identifying information to be publicly disclosed or associated with you;
your use of an Application is at your own risk and you hereby indemnify and hold us harmless from and against all Claims and Loss arising in any way through the use of the Application.
We reserve the right to access, read and disclose any information that we reasonably believe is necessary to satisfy any applicable legal or governmental process or to detect or prevent issues, including but not limited to fraud, security or technology violations.
We may modify or adapt your Content in order to transmit, display or distribute it to computer networks and in various media and make changes to your Content as necessary to conform and adapt that Content to any requirements or limitations of any network, devices, services or media.
We reserve the right to collect and retain your email address(es) when provided by you to us in any way, including but not limited to, via our website, contact us forms or emails to the MiHIGH server.
We reserve the right to modify or terminate the Service for any reason, without notice at our discretion, subject to the terms and conditions of any companion agreement.
Our Service supports some advertisements and promotions and you agree that we may collect your cookies and place such advertisements and promotions on the Service in conjunction with or in relation to your Content.
YOUR RIGHTS AND OBLIGATIONS
By accessing our Services, as well as your submission or accessing of any Content, you agree you must not use the Services for any purpose that are prohibited under these Terms and Conditions, in any companion policy or document, or by any law or regulation in the place you access our Services. In this regard, you specifically agree that you must not (which list is not exhaustive):
submit any Content that is prohibited under clause 7;
create a User Account other than in your own name, falsely state your identify, or do anything prohibited by clause 6.5;
access or use, or attempt to access or use, a User Account other than your own User Account.
You agree and acknowledge that you are responsible for any interactions with any other party accessing or using the Service, including any other third party, whether or not they are a user of the Service, and whether online or offline.
You understand that by accessing our Services you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate.
We do not claim ownership of any Content that you submit, post, or display on or through our Services.
You agree and acknowledge that you are responsible for any Content you publish using our Services, including the access, use or viewing of that Content by any person at any time.
You understand that any Content you submit through the Services may be used by us or any third party and if you do not have the right to submit Content for such use, you may be subject to liability.
You understand that the Service may be interrupted, including but not limited to scheduled maintenance or upgrades, urgent repairs or due to a failure of telecommunication links and equipment.
You agree and acknowledge that we are not a backup platform for any Content that you submit on the Services. You agree that you will not rely on the Service for the purposes of Content backup or storage.
You understand that purchasing, selling or trading goods or services on the Service is prohibited. Any Content containing an offer to purchase, sell or trade goods or services may be removed at any time at our sole discretion. Repeated breach of this clause will result in the termination of your User account without further notice.
You agree to indemnify and hold us harmless from and against all Claims and Loss arising out of on in any way connected with your access to and use of the Service or any Content including without limitation loss, damage, or injury to you, your employees or any third party.
We hereby disclaim any and all liability to you for any loss or liability relating to the Services and the Content. Under no circumstances will we be liable in any way for any Content, including but not limited to the following:
any Content that contains errors;
any Content that contains defamatory statements;
any Content that contains private or confidential information;
any loss or damage of any kind incurred as a result of the use, publication or disclosure of any Content submitted, accessed or otherwise conveyed via the Services.
You waive all rights to bring or assert any claim against us, our agents, employees, or any related party, and hereby permanently and irrevocably release us from any and all liability for or relating to any Content.
Your access to and use of the Services is at your own risk.
You agree and acknowledge the Services are provided on an ‘as is’ and ‘as available’ basis without warranty of any kind, and any and all warranties of accuracy are specifically disclaimed.
You acknowledge we have no control over, and no duty to take any action regarding, any Content published using our Service, including but not limited to Content making reference to you, your agents, employees, or their or your related parties. You acknowledge and agree we have no duty or responsibility in respect of the effect any Content may have on you, how anyone else may interpret the Content, or what actions you may decide to take as a result of the Content.
We are not responsible if information made available on our website is not accurate, complete or current. The material on our website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our website is at your own risk. Our website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
LIMITATION OF LIABILITY
To the greatest extent permitted by law, neither we, nor our directors, officers, owners, agents or employees, or their or our related parties, shall be liable to you or others for any indirect, incidental, consequential or punitive damages, or any loss resulting from the following:
your access to or use of or inability to access and use the Service;
any conduct or Content of any third party on the Service, including without limitation any defamatory, offensive or illegal conduct of other users of third parties;
any Content obtained from the Service;
any unauthorised access, use or alteration of your transmissions or Content;
use or changes to your personal information or Content; or
use, publication or disclosure of Content in connection with the Services.
TERMS OF SALE
All sales of Products and associated Services are governed by these Terms and Conditions. You will be required to indicate that you have read, understood and agree to these Terms and Conditions immediately prior to finalising any orders placed on our website.
AVAILABILITY OF PRODUCTS
We hereby disclaim any and all liability to you for any loss or liability relating to the Services and the Content. Under no circumstances will we be liable in any way for any Content, including but not limited to the following:
Certain Products or Services may be available exclusively online through the website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policies applicable to that Product.
The inclusion of any products on the website at a particular time does not imply or warrant that these Products or Services will be available at any time.
We will endeavour to include a statement on the website when we aware that a particular Product is out of stock, but we are under no obligation to do so. We reserve the right to notify you that Products for which you placed orders have become unavailable.
In the event that you order a Product from the website and we later inform you that we no longer stock the Product you had originally ordered:
we will not charge you for the Product that we have not supplied to you;
we will contact you to discuss whether we are able to provide you with a substitute Product; and
except as required by law (including the Australian Consumer Law), we will not be liable to you for any resulting loss).
We have made every effort to display as accurately as possible the colours and images of our Products. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at MiHIGH’s sole discretion. We reserve the right to discontinue any Product at any time.
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Products without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Products or the Service.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made.
Products displayed on the Website do not constitute an offer to sell. It is an invitation to treat only. Orders placed by you are offers to purchase particular Products in accordance with these Terms and Conditions at the price specified.
To the extent permitted by law including the Australian Consumer Law, we reserve the right to accept or reject your offer for any reason (or no reason), including without limitation the unavailability of any Product, limitations on quantities available for purchase, an error in the price or Product description, problems identified by our credit department, or an error in your order.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel it. If you have any problems with your order, you must go through the normal returns process outlined below.
PRICING, PAYMENT AND GST
The prices of Products are shown in Australian dollars and include GST where applicable. All payments must be received in full prior to dispatch. Payment options for Products you wish to purchase will be provided at the point of purchase, which are subject to change without notice.
If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold the Product against your order. In such instances, we do not guarantee that the Product will be available should you try to order it again.
Subject to these Terms and Conditions, we will supply the Products shown on your order confirmation.
When an order is placed, it will be delivered to the address designated by you as long as that delivery address is compliant with the delivery restrictions contained on our website. Upon your order being ready for delivery, we may email or SMS to you a tracking number.
We will use our reasonable endeavours to meet our stated timeframes for delivery. However, many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met. We reserve the right to amend our stated timeframes without notice to you.
In purchasing a Product, you agree to accept delivery of the Product. If you are not able to accept delivery you must advise MiHIGH before a delivery is attempted.
TITLE AND RISK
We retain ownership of Products you order until payment is received in full for those Products.
Risk (including without limitation risk of loss or damage) and title for products purchased from our website pass to you upon delivery of the items to you.
From time to time, MiHIGH may offer promo codes which may apply to any, or certain specified purchases made through our website. Each Promo Code will be subject to specific terms & conditions specified at the time the promo code is issued (including the length of time to use the code) in addition to those mentioned in these Terms and Conditions.
There are several ways of receiving a promo code – we may send you one via email if you have signed up for marketing emails and promotions with MiHIGH; you may find a promo advertised on our website, or through social media channels; you may hear a radio advertisement with a promo code, or see a promo in our retailer stores.
Where offered by MiHIGH, a promo code may only be redeemed once per email associated with the order. These codes may not be used in conjunction with any other discounts. Only one discount/coupon code may be used per order.
Within 30 days of purchase if for whatever reason you are not completely satisfied with your MiHIGH Products please let us know, as we will arrange and incur all expenses in the cost of return to one of MiHigh’s listed warehouses.
Within 21 days of receipt of the Products at one of our warehouses, your total payment for your Products to MiHIGH will be refunded to you via the method of payment made during checkout. If you purchased via interest-free finance extra charges may apply by your supplier.
The following limitations are imposed on returns of Products:
To be eligible for a return you must be a full paying customer. If you did not purchase your MiHIGH Product you are not eligible for a return. To complete your return, we require a receipt or proof of purchase in an email and to post the product back to our address.
You must have been using your Product for at least 14 days before you can initiate the return.
Products that are stained or damaged in our opinion (acting reasonably) as a result of your use or possession of the Product, will not be eligible for a return or refund.
If the item was marked as a gift when purchased and shipped directly to you, you will receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.
Our Products may come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to theCompetition and Consumer Act 2010(Cth)) if you are a consumer and those Products are of a kind ordinarily acquired for personal, domestic or household use and consumption, or cost less than $40,000, and are not re-supplied by you.
You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. These statutory guarantees give you certain rights that we cannot exclude, restrict or modify, except in the limited circumstances set out under the sub-heading "Limitation of Liability for Statutory Guarantees" below.
As outlined more fully in the Australian Consumer Law, if a Product we supply to you fails to meet a statutory guarantee and that failure cannot be remedied or is a "major failure", subject to the provisions of the Australian Consumer Law, you are entitled to return the Product to us and receive a full refund or replacement (at your election).
Alternatively, you may (at your election) choose to keep the Product and recover from us the difference between the price you paid for the Product and the value of the Product.
As outlined more fully in the Australian Consumer Law, if a Product we supply to you fails to meet a statutory guarantee and that failure can be remedied and is not a "major failure", subject to the provisions of the Australian Consumer Law, you are entitled to ask us to remedy the failure.
We are entitled to choose how we remedy the failure, including by either:
repairing the Products ;
replacing the Products; or
providing a full refund.
You accept and acknowledge that the provisions of the Australian Consumer Law will determine:
which products are covered by such statutory guarantees; and
our liability to you for any failure of a Product to meet a statutory guarantee (except where MiHIGH has expressly chosen to limit its liability as permitted by the Australian Consumer Law as provided for under the sub-heading "Limitation of Liability for Statutory Guarantees" below)
The statutory guarantees are in addition to any rights you may have under any voluntary and express warranties offered by MiHIGH. Except as expressly set out under the sub-heading "Limitation of Liability for Statutory Guarantees" nothing in these Terms and Conditions excludes, restricts or modifies your rights under the Australian Consumer Law.
If You think that there is a fault with the Products you have received, please let us know straight away by contacting firstname.lastname@example.org. Please include as many details as possible about the order and the problem with the Products.
LIMITATION OF LIABILITY FOR STATUTORY GUARANTEES
Where the Products we supply to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability to you for failure to meet a statutory guarantee under the Australian Consumer Law (other than our liability for guarantees as to title, undisclosed securities and undisturbed possession, which we cannot limit) is limited to doing one or more of the following (at our election):
in the case of goods:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or acquiring equivalent goods; or
the payment of the cost of having the goods repaired.
in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
We acknowledge that we cannot limit our liability in this way if you establish that it would not be fair or reasonable for us to do so.