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Terms & Conditions
Terms & Conditions of the Miijo Website. Accessed from www.miijo.com & www.miijo.com.au & www.miijo.co.nz (“miijo“ & “MIIJO“)
This Website is owned and operated by Miijo Pty Ltd (ABN 33 114 195 701), trading as Miijo.
The following Terms and Conditions govern the use of the Miijo Website (“Site”), the materials and information contained therein and related services made available to you via this Site. If you do not agree to these Terms and Conditions, please do not visit or use the Site. Miijo may from time to time change this Site (including these Terms & Conditions of use). Please read these Terms and Conditions and re-read before subsequent use.
General Disclaimer
Miijo, its representatives and associated agents are not liable to you or any other for any loss in connection with the use of this Site or a Linked Website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
Exclusion of Liability and Overall Disclaimer
The materials and information provided on this Site and related communications are provided on an “as is“ basis. Miijo assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. Any reference to products or services on this Website is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Miijo. Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), Miijo expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site. Miijo shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Miijo is expressly advised of the possibility of such loss or damages.
The Terms and Conditions are effective until terminated by Miijo and Miijo may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.
Privacy Policy
It is your responsibility to read and familiarise yourself with the Miijo Privacy Policy.
You must not use this site if you are under the age of 18 without the consent of your parent or guardian who must read and agree to the Miijo Privacy Policy and Terms and Conditions.
You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect Miijo or its users.
Miijo shall only share your personal data with companies and organisations in order to enable us to perform credit checks and to process your order. You hereby consent to us so doing.
You should not send any information or material that you consider to be confidential or proprietary, to Miijo or any other person, through this Site. Any information or material sent to Miijo at, or through this Site, is deemed to be not confidential. You are deemed to grant to Miijo an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Site. Miijo is free to use any ideas, concepts, know-how or techniques that you send to Miijo, for any purpose.
Use of this Website
You will be required to register to use some of the features on this Site. We may change registration requirements from time to time and without notice. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your information change, please notify us immediately at the following e-mail address shop@miijo.com
Copyright
You must comply with all proprietary and copyright notices on this Site. This Website is owned by Miijo and its associates, and is subject to copyright. The information on this Site is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:
  1. a.  copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this website;

  2. b.  alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this website which can be accessed through this website; or

  3. c.  use or apply, for commercial purposes any material or information on this website, without the prior written consent of Miijo.
All trademarks, brands and names appearing on this Site are the property of their respective owners.
Nothing contained on this Site should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Site without the express written permission of Miijo or third party owner.
Your Activity
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
Gift Recipient Service
When using the Miijo 'Gift Recipient' service Miijo relies on ‘you’ the customer to provide consent for the use of the ‘gift recipients’ personal information to carry out delivery of their order. When you provide us with personal information about the intended recipient of a shipment, we use that information for the purposes of processing the shipment and, in some cases, to communicate with the intended recipient to provide information pertaining to the status of the shipment. We rely on you to provide and be responsible for the intended recipient’s consent so that we can use their personal information for these limited purposes.
Promotional Codes
Promotional codes must be used at the time of purchase. We are unable to apply a promotional code to an existing order in retrospect. Promotional codes have issue and end dates. You must use your promotional code within the specified timeframe. Promotional codes cannot be used on Gift Voucher purchases.
Sizes and Measurements
Miijo does not warrant that any 'sizes' stated in relation to any products conform to any particular standard. The ‘measurements’ and ‘fit guide’ are provided as a guide only and should be treated as such.
  1. a.  The Customer acknowledges that the nature of the Product is such that there are no standardised size measurements. Accordingly, the 'size' stated for a Product on the Website is only a general guide as to the physical measurements of the Product.

  2. b.  Miijo excludes any warranties, terms or conditions that the ‘sizes’ stated in relation to the Product conform to any particular standard; or that the ‘size’ for a particular type or range of Product corresponds with the ‘size’ of another type or range of Product.

  3. c.  The Customer acknowledges that (subject only to any statutory cooling-off period) no refund, return or replacement will be provided where the sole reason for the request is that the wrong size was ordered.
International Customers
Your order may be subject to import duties and taxes, which are levied once the package reaches your nominated country. Miijo Pty Ltd is not responsible for these additional charges. Should charges be levied in your country, and should you refuse to pay them, your credit card will be charged for all outgoing and return delivery charges that may be incurred by Miijo Pty Ltd. When the returned merchandise is received by Miijo Pty Ltd, you will only be credited for the merchandise only. If you have questions regarding customs or duties charges and procedures in your country, it is your responsibility to contact your local customs office before placing your order.
Links and Third Party Representation on this Website
Miijo makes no representations or warranties about any other website which you may access through this Site (“Other Website”). When you access an Other Website, that Other Website is independent from this Site, and Miijo has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of this Site. Other Websites are not under the control of Miijo, and Miijo is not responsible for the accuracy of any information on any Other Website. Miijo does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from this Site is free from viruses, worms, trojan horses and other material of a destructive nature.
Miijo expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, Miijo is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Site, the use of any other linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Miijo has been expressly advised of the possibility of such loss or damages.
You must indemnify and keep indemnified Miijo in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.
Subject to any non-excludable provisions of the Trade Practices Act, 1974, Miijo disclaims liability for all warranties or representations express or implied, in relation to goods or services, or both, referred to in this Site, or offered for sale on this Site by any Third Party.
Product information in relation to products referred to in this Site has been provided by the respective manufacturers of the relevant products. Product information and illustrations are published with the permission of the relevant manufacturer and/or owner of that product.
Governing Law
These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.
Nothing contained in these Terms and Conditions derogates from Miijo’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Miijo with respect to that use.
In General
In this Site:
Miijo means Miijo Pty Ltd (ABN 33 114 195 701), trading as Miijo and its subsidiaries, associates and officers unless otherwise stated.
“Other Website” means websites of persons or entities other than Miijo which are linked to and from this Site.
“Your Information” means any information from which your identity is apparent or can be reasonably be ascertained.
“Site” or “Website” means the whole or any part of the web pages located at www.miijo.com (accessed via www.miijo.com or www.miijo.com.au or www.miijo.co.nz) including the lay-out of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any other content of this Site.
“We” and “us” refer to Miijo, and “our” has the same meaning.
“Third Parties” means persons or entities represented on the Site other than Miijo.
“Third Party Posted Material” means posted statements, information relating to items or items offered for sale by Third Parties on some portion of this Site.
© Miijo 2007. All Rights Reserved. Not to be reproduced. All third party trademarks mentioned or displayed on this Site are the property of their respective owners.
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