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Terms and Conditions

Welcome to our Website. If you continue to browse and use this Website you are agreeing to comply with and be bound by the following Terms and Conditions of Use, which together with our Privacy Policy govern Miamba Health International Pty Ltd’s relationship with you in relation to this Website.

 

  1. Definitions
    1. “Miamba” means Miamba Health International Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Miamba Health International Pty Ltd.
    2. “Customer” means the person/s buying the Products as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
    3. “Website” means a location, owned by Miamba, which is accessible on the Internet through the World Wide Web.
    4. “Products” means all Products or Services supplied by Miamba to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Products’ or ‘Services’ shall be interchangeable for the other).
    5. “Access Details” means the pieces of confidential information (such as usernames and passwords) supplied by Miamba to the Customer, that are used to facilitate the Customer’s use of the Services.
    6. “Agreement” means this contract, between Miamba and the Customer, which the relevant parties agree consists of the entirety of the relationship between the parties, to the complete and unqualified exclusion of any other terms, promises, warranties, representations, or other agreement of any kind in respect to the Services.
    7. “Agreement” means this contract, between Miamba and the Customer, which the relevant parties agree consists of the entirety of the relationship between the parties, to the complete and unqualified exclusion of any other terms, promises, warranties, representations, or other agreement of any kind in respect to the Services.
    8. “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this agreement, a party’s Intellectual Property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, Customer information and pricing details.
  2. Disclaimer
    1. The products and the claims made about specific products by Miamba Health International Pty Ltd have not been evaluated by the FSC, FDA, USDA, or TGA and are not intended to diagnose, treat, cure or prevent any disease.
    2. The Information provided within Miamba’s publications and/or any information contained on or in any Product label or packaging, is for information purposes only and is not intended as a substitute for advice from a qualified physician or other health care professional.
    3. Notwithstanding clause 2.2, such information should not be used for diagnosis or treatment of any heath problem or as a substitute for medication or other treatment prescribed by a qualified physician or health care provider.
    4. A healthcare professional should be consulted before starting any diet, exercise or supplementation program. A healthcare professional should be consulted before taking any medication or nutritional supplement, or if you have or suspect you may have a health problem.
    5. Like with any health care Product, results and reactions depend entirely on the individual, and the manner in which one reacts to a particular Product may be significantly different from the manner in which another reacts to said Product.
    6. It is recommended that the Customer should consult a qualified physician or healthcare professional regarding any potential adverse interaction between medications.
    7. Whilst Miamba work to ensure that Miamba Product information is correct, due to the nature of natural Products, concentrations and potencies of particular Products and/or ingredients can vary slightly from batch-to-batch.
    8. In the event that the Customer fails to comply with clause 2.6, the Customer agrees that Miamba shall not be liable for any damage or loss including personal injury, death, sickness, inconvenience, or expense (including loss of income) as a result of Miamba providing the Products as requested.
  3. Acceptance
    1. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions where the Customer ticks the appropriate disclosure box (as prompted), which shall be subject to amendment from time to time.
    2. These terms and conditions are meant to be read in conjunction with Miamba’s Privacy Policy. If there are any inconsistencies between the documentation, then (subject to applicable legislation) the terms and conditions contained herein shall prevail.
    3. These terms and conditions may only be amended with both parties consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Miamba.
    4. Where Miamba gives advice, recommendations, information, assistance or service to the Customer, or the Customer’s agent, regarding the Products, it is given in good faith and Miamba shall not be liable in any way whatsoever for any damages, losses or costs however arising resulting from the Customer relying on the same.
    5. All Products supplied by Miamba shall be in accordance with the specifications or descriptions (if any) expressly listed or set out on the website or order. No other specification, descriptive material, written or oral representation, correspondence or statement, promotional or sales literature shall form part of or be incorporated by reference into the order.
    6. Unless otherwise agreed to by both parties, the Customer accepts and acknowledges that Products supplied shall be within the specifications and formulae as quoted by Miamba. Any such variations to the end product will at all times be at Miamba’s discretion.
    7. Due to the natural ingredients used in the Products certain countries or territories may have restrictions on their importation. It is the Customers responsibility to ensure that the importation of the supplied Products complies with all legislation, no liability for fines, loss or Products by seizure or non-delivery due to import restrictions are accepted.
    8. The Customer acknowledges and agrees that where Miamba is requested to formulate a new product and carry out necessary testing, then all associated costs over and above any agreed unit price shall be borne by the Customer and invoiced as an extra in accordance with clause 4.
    9. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 (NSW & SA), the Electronic Transactions Act 2001 (ACT), the Electronic Transactions (Victoria) Act 2000, the Electronic Transactions (Northern Territory) Act 2000, Section 14 of the Electronic Transactions (Queensland) Act 2001, Section 7 of the Electronic Transactions Act 2000 (TAS), Section 10 of the Electronic Transactions Act 2011 (WA), whichever is applicable, or any other applicable provisions of that Act or any Regulations referred to in that Act.
  4. Price and Payment
    1. At Miamba’s sole discretion the Price shall be either:
      (a) as indicated on any invoice provided by Miamba to the Customer; or
      (b) the Price as at the date of delivery of the Products according to Miamba’s current price list.
    2. Time for payment for the Products being of the essence, the Price will be payable by the Customer on the date/s determined by Miamba, which may be:
      (a) prior to dispatch of the Products.
      (b) the date specified on any invoice or other form as being the date for payment; or
      (c) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Miamba.
    3. Payment may be made by electronic/on-line banking, credit card (a surcharge per transaction may apply), PayPal, WOO commerce gateway, or by any other method as agreed to between the Customer and Miamba.
    4. If the method of payment is made via the WOO commerce gateway, Miamba recommends that the Customer view WOO commerce webpage – https://woocommerce.com.au in order to identify their secure server using SSL (secure sockets layer) encryption technology. The Customer’s name and limited credit card information is kept by WOO commerce for order verification and identification purposes only.
    5. The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Miamba nor to withhold payment of any invoice because part of that invoice is in dispute.
    6. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Miamba’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    7. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
    8. If the Customer owes Miamba any money the Customer shall indemnify Miamba from and against all costs and disbursements incurred by Miamba in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Miamba’s contract default fee, and bank dishonour fees).
    9. Further to any other rights or remedies Miamba may have under this contract, if a Customer has made payment to Miamba, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Miamba under this clause 4 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this agreement.
  5. Provision of the Services
    1. Miamba warrants that the Access Details provided to the Customer shall be valid for the entirety of this Agreement, subject to the terms and conditions contained herein.
    2. Due to the inherent nature of websites in general, Miamba cannot guarantee uninterrupted or continuous availability of the Website, and the Customer accepts that the Website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able, Miamba shall provide the Customer with advanced warning of the same. Miamba shall accept no liability in relation to the Website’s downtime, whether scheduled or otherwise.
    3. Miamba makes no representations, statements, conditions or agreements, unless expressed by the Director of Miamba in writing, concerning the content in respect of the Products posted or available on the Website, nor is Miamba bound by such.
    4. The Customer acknowledges that Miamba may, in their absolute discretion, replace or amend content to better reflect the Products (etc.), and may alter the location of such content on the Website.
    5. Miamba makes no guarantee that:
      (a) all content will be accessible for download or via email, browsers and/or tablets, on all occasions; or
      (b) where the Website provides links to outside resources, that the URL location of such resources are maintained, and remain accessible by the Customer.
      Therefore, the Customer indemnifies Miamba against any and all claims for any loss or expense incurred by the Customer, and/or any refund on any applicable purchases, due to lack of functionality.
  6. On-Line Ordering
    1. The Customer acknowledges and agrees that:
      (a) Miamba does not guarantee the website’s performance;
      (b) display on the website does not guarantee the availability of any particular Products; therefore, all orders placed through the website shall be subject to confirmation of acceptance by Miamba
      (c) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;
      (d) there are inherent hazards in electronic distribution, and as such Miamba cannot warrant against delays or errors in transmitting data between the Customer and Miamba including orders, and you agree that to the maximum extent permitted by law, Miamba will not be liable for any losses which the Customer suffers as a result of online-ordering not being available or for delays or errors in transmitting orders;
      (e) when making a transaction through the website, the Customer’s information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that the Customer’s information cannot be read by or altered by outside influences;
      (f) if the Customer is not the cardholder for any credit card being used to pay for the Products, Miamba shall be entitled to reasonably assume that the Customer has received permission from the cardholder for use of the credit card for the transaction.
    2. Miamba reserves the right to terminate the Customer’s order if it is learnt that the Customer has provided false or misleading information (including but not limited to, where a Customer is to resell the Products for commercial purposes without prior arrangement), interfered with other users or the administration of Miamba’s business, or violated these terms and conditions.
  7. The Commonwealth Fair Trading Acts (“FTA”) and Competition and Consumer Act 2010 (CCA)
    1. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the FTA or the CCA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
    2. Where the Customer contracts for Products as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
    3. The Customer shall inspect the Products on delivery and shall within seven (7) days of delivery (time being of the essence) notify Miamba (via email to admin@miamba.com.au) of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Miamba an opportunity to inspect the Products within a reasonable time following delivery if the Customer believes the Products are defective in any way. If the Customer shall fail to comply with these provisions the Products shall be presumed to be free from any defect or damage. For defective Products, which Miamba has agreed in writing that the Customer is entitled to reject, Miamba’s liability is limited to either (at Miamba’s discretion) replacing the Products or refund of the Products.
    4. Products will not be accepted for return, refund or exchange other than in accordance with 7.3 above, and provided that:
      Defective Products and/or Exchange
      (a) Miamba has agreed in writing via the Customer Service Team, to accept the return of the Products; and
      (b) Products packaging for return must be clearly marked as either return or exchange; and
      (c) the Products are returned at the Customer’s cost within fourteen (14) days of the delivery date, at the Customer’s cost (if that cost is not significant), acceptance outside of this time shall be made at Miamba’s discretion and on a case-by-case basis; and
      (d) Miamba will not be liable for Products which have not been stored or used in a proper manner; and
      (e) the Products returned must be in the condition in which they were delivered and with all packaging material, unopened, not been tampered with in any way,unused, together with a copy of original invoice, brochures and instruction material in as new condition as is reasonably possible in the circumstances; and
      (f) requested for exchanged Products will be subject to stock availability, Miamba reserves the right to offer a credit note or refund in this instance; and
      (g) any rquest for refund will not be accepted where Products have been opended, used or tampered with.
      Refund
      (a) a refund can only be credited back to the credit card or Paypal account that was used to make the purchase from Miamba. Miamba will notify the Client when the refund has been processed; and
      (b) a refund payment may take up to seven (7) business days to be received due to banking institution policies, and Miamba accepts no liability should such delays occur.
      Duplicate Orders
      (a) where Miamba has identified a duplicate order prior to it being shipped to the Customer, Miamba will contact the Customer to determine the status of the order and process a refund, less any applicable charges. Where an order is not identified as a duplicate but later discovered once delivered, Miamba will be happy to credit upon written advice from the Customer, Products are then subject to return guidelines in accordance with clause 7.4
      (b) returns due to incorrect customer ordering or change of mind must be advised within seven (7) days of receipt of the Product, and return must be affected within fourteen (14) days of receipt of the return approval.
    5. International Returns

    6. International returns are subject to 7.4 and the following additional sub-clauses:
      (a) International returns must be clearly labelled as either return or exchange with a valid international tracking number (without such a notice, the package is at risk of attracting additional taxes, duties and delays); and
      (b) International orders that incur customs/tax charges in the destination country and where the order is subsequently cancelled due to the refusal of acceptance of these charges. Miamba will only refund the purchase order less any charges incurred buy Miamba.
    7. Miamba may in its absolute discretion accept non-defective Products for return in which case Miamba may require the Customer to pay handling fees of up to three percent (3%) of the value of the returned Products plus any freight costs.
    8. Miamba will not accept liability in the event that:
      (a) a prolonged or nullified refund occurs due to a Product not being properly identified by Miamba; or
      (b) where it has been sent to an address not associated with Miamba; or
      (c) where it has been lost or stolen during transit to Miamba’s premises.
  8. Promotional Discounted Purchases
    1. Products purchased via a promotion and/or a promotional code will not be subject to a refund or exchange, unless such Products are found to be a defective under the CCA in accordance with clause 6.
    2. Products subject to special sale, promotion or discounted prices (including but not limited to, sales made in Australia and/or International orders) are due to various reasons such as those close to the expiry date. It is imperative that the Customer reads the Terms and Conditions of sale, promotion or discount to ensure that the Product meets with the expectations prior to submitting the Purchase Order.
  9. Confidentiality
    1. The Customer is responsible for maintaining the confidentiality of the Access Details furnished by Miamba to the Customer. Furthermore, the Customer agrees that Miamba shall be in no way liable whatsoever for any unauthorised use of the Services.
    2. The Customer warrants that they shall take all reasonable steps to maintain the confidentiality of the Access Details, and shall notify Miamba immediately when the Customer, or a reasonable person in the position of the Customer, has reason to believe that there has been unauthorised use of such Access Details.
    3. The Customer acknowledges that where it is determined by Miamba (at their sole discretion) that any unauthorised third party has accessed the Website through the Customer’s Access Details, Miamba reserves the right to restrict the Customer’s access to the Website pending resolution of such.
  10. Intellectual Property
    1. Miamba shall retain all legal and equitable rights in the Products and Services, and all material (including any trademarks) posted on the Website by Miamba, irrespective of origin, unless otherwise agreed.
    2. The Customer may not reproduce, copy, transmit, publish, edit, upload, or deal with in any way whatsoever, any material posted by Miamba (or other Customer) on the Website, unless by the express prior written permission of Miamba.
    3. The Customer warrants that they shall not use the Website in any manner that infringes the copyright, or any other intellectual property, of any other person or entity, and agrees to indemnify Miamba against any action taken by a third party against Miamba in respect of any such infringement.
  11. Limitation of Liability
    1. Whilst Miamba, in providing the Products and Services, shall make all effort to ensure their reliability, Miamba disclaims any liability whatsoever for any loss or damage caused by the Customer’s use of, or reliance on, the Services or Products (including any decision made, or action taken by the Customer in reliance upon any such information contained on, or omitted from the Website, and whatsoever content and/or material is contained therein), including, but not limited to, any representations made by Miamba, or servants of Miamba, concerning the Products, Website and/or Services.
    2. Any content and/or material posted on the Website do not represent the views of Miamba, and is not endorsed by Miamba. This clause extends to cover any claims in connection with any actual, or anticipated, use and enjoyment of the Website, and any inability to use and enjoy the Website.
    3. Specifications and information provided on this Website are given in good faith based on our knowledge, experience, or information provided to us by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by us, therefore it is recommended if you have any concerns as to the suitability of Products or Services provided through this website in respect of the use of the Products or Services or their suitability for a particular use that you contact us or seek external professional opinion.
    4. Any liability whatsoever, howsoever incurred, in any form of action on the part of Miamba, shall be limited, subject to the maximum extent possible on a reasonably arguable view of the law, to the value of the consideration provided by Miamba.
    5. The Customer indemnifies, and will keep indemnified, Miamba against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Miamba in connection with:
      (a) any breach of these terms and conditions by the Customer;
      (b) any negligent act or omission by the Customer;
      (c) an actual or alleged breach of any law, legislation, regulation, by-law, ordinance or code of conduct by Miamba which occurs as a consequence of the content contained on the Website.
    6. Miamba cannot, and does not, guarantee or warrant the availability of files for downloading from the Website or delivered via electronic email through the Website will be free from infection, viruses, worms, Trojans or other code that manifest contaminating or destructive properties. The Customer shall be responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
  12. Termination
    1. Without prejudice to any other remedies Miamba may have:
      (a) if at any time the Customer is in breach of any obligation (including those relating to payment, if applicable) under these terms and conditions, Miamba shall be entitled to suspend or terminate the Customer’s access to the Services. Miamba will not be liable to the Customer for any loss or damage the Customer suffers because Miamba has exercised its rights under this clause; and
      (b) notwithstanding anything else in this Agreement, Miamba unreservedly maintains the right, exclusive of procedural fairness, to suspend or terminate the Customer’s access to the Website if, in the subjective opinion of Miamba, the decision to do so is in the best interests of Miamba or other Customers.
  13. Advertisers and Linked Sites
    1. The display on the Website of any advertiser, or the provision of a link to third party websites, does not constitute Miamba’s endorsement of either the advertiser or third party provider, or any of their website content or business practices. As Miamba does not have any control of the content of any third party websites, access to such websites is at the Customer’s sole risk and it is recommended that the Customer thoroughly review the terms and conditions of use and the privacy policies of any third party website immediately before accessing such a site.
    2. Miamba shall accept no liability in regards to any dealings, promotions or activities between the Customer and advertisers, or third party providers.
  14. Jurisdiction
    1. The Website (excluding any linked third party sites) is controlled by Miamba from their principal business premises in Australia. It can be accessed from countries around the world to the extent permitted by the Website. As each country has laws that may differ from Australia, by accessing this site, the Customer agrees that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this Agreement, or the Customer’s use of the Website, irrespective of any conflict with any laws and statutes applicable to the Customer’s country of domicile.
    2. The Customer further acknowledges and agrees that the filing of a claim against Miamba (if any) must be made in the State of Australia in which their principal business premises in Australia is domiciled, and that any legal proceedings will be conducted in English.
    3. Miamba makes no representation that Services offered through the Website are appropriate, available or suitable for use in countries outside of Australia, and accessing and/or utilising any Content from, or through, the Website which is illegal in your country of domicile is strictly prohibited.
  15. General
    1. The failure by Miamba to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Miamba’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    2. Subject to clause 4, shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Miamba of these terms and conditions.
    3. Miamba may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
    4. Miamba serves the right to change any of the Terms and Conditions displayed on the Website (including their Privacy Policy) at any time by notifying the Customer through the Website. The Customer’s continuing to use the Website shall be deemed in agreement of any amendment thereto, and shall be bound by the amended terms and conditions as notified and posted on the Website.
    5. Miamba reserves the right at all times, without the need to have to provide any notice to the Customer, to alter the functionality and/or appearance of the Website, including but not limited to, advertisements on the Website and/or as such advertisements are represented on mobile communication devices.
    6. Miamba shall not be liable, and shall make no allowance, whatsoever where the Customer fails to utilise the Website for any reason, unless Miamba confirms special prior arrangements in writing. In the event the Customer is unable to access the Website, the Customer must notify Miamba immediately.
    7. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
    8. Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Agreement creates binding and valid legal obligations on them.