TERMS & CONDITIONS
These Terms & Conditions of Use govern your use of the Misschu Holdings Pty Ltd (‘Misschu’) website and applications, including online ordering. References to 'website' include the following (as appropriate): http://www.misschu.com, http://www.misschu.com.au or any other site, services (including web-services), software, application or media managed by Misschu. Your use of the Misschu’s website constitutes your acceptance of these Terms & Conditions of Use.
Subject to law, Misschu may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions of Use. Misschu recommends you carefully read, each time you visit the website, the Terms & Conditions of Use as they may affect your rights.
If you do not agree with the Terms & Conditions of Use, do not use the website or order online.
These Terms & Conditions of Use apply to all users of the Misschu’s website. The Misschu website may include content, information or links to third parties or third party websites. By accepting these Terms & Conditions of Use you agree to hold harmless and relieve Misschu’s from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
YOUR ACCESS TO THE WEBSITE
Misschu hereby provides its permission for you to access its website in accordance with these Terms & Conditions of Use, provided that (1) your use of the website is solely for your individual, personal, commercial and non-commercial use, and (2) you will not copy, distribute or publish any part of the website other than as may be reasonably necessary to use the website for its intended purpose, and (3) you will otherwise comply with the Term & Conditions of Use.
You agree not to use or launch, or cause to be used or launched, any automated system or program in connection with the Misschu website or online ordering, including without limitation, publishing or distributing vouchers or codes, "robots", "spiders", "offline readers" and the like. Notwithstanding the foregoing, Misschu grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Misschu reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information from the website or use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the website with respect to their submissions to the website.
INTELLECTUAL PROPERTY RIGHTS
The website contains valuable trademarks owned and used by Misschu and related entities. These trademarks are used to distinguish Misschu quality products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of Misschu.
The text, graphics and Misschu html code (including flash files and java script) contained in the website are the exclusive property of Misschu, its affiliates or related entities. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior express written permission of Misschu.
The website may link to sites not maintained by or related to Misschu. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or Misschu. Misschu has not reviewed the sites hyper-linked to or from this website and is not responsible for the content of any other site. These links are to be accessed at the user's own risk. Misschu makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this website. Furthermore, Misschu does not implicitly endorse third-party sites hyper-linked to this website.
The content on the Misschu’s website, except all User Submissions (as defined below), including, without limitation, the text, software, scripts, graphics, photos, images, concepts, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Misschu, subject to copyright and other intellectual property rights under Australian laws (as applicable) and international conventions. Content on the website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Misschu reserves all rights not expressly granted in and to the website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
The Misschu website, application/s or software may now or in the future permit the submission of written works, photos, audio files, videos or other communications submitted by you and other users of the website ("User Submissions") and the hosting, sharing and/or publishing of the User Submissions. Once the User Submissions are submitted to our website or through social media managed by Misschu, the submissions become property of Misschu. You understand that whether or not such User Submissions are published on the website, Misschu does not guarantee any confidentiality with respect to any submissions. You agree that Misschu may publish your name and submissions on the Misschu website, Misschu-managed social media, advertising, print material or in any other press releases of media items.
In connection with your own User Submissions, you affirm, represent and warrant that:
- you own or have the necessary licenses, rights, consents and permissions to use and authorise Misschu to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and Terms & Conditions of Use; and
- you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every identifiable person to enable inclusion and the use of the User Submissions in the manner contemplated by the User Submissions become the property of Misschu. By submitting the User Submissions to Misschu, you hereby grant Misschu a perpetual, worldwide, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the website and the Misschu business, including without limitation for promoting and redistributing all or part of the website (and any derivative works) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the website and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the website under these Terms & Conditions of Use; and
- in connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Misschu all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Misschu or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
Misschu does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Misschu expressly disclaims any and all liability in connection with User Submissions. Misschu does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Misschu will block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. Misschu reserves the right to remove content and User Submissions without prior notice.
Misschu may also terminate, without notice, a user's access to its website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the website. Misschu also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms & Conditions of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Misschu may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms & Conditions of Use at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Submissions or links to your User Submissions to individuals with whom you are not acquainted.
ONLINE ORDERING VIA THE WEBSITE AND APPLICATIONS
The Misschu online ordering system must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. Misschu reserves the right to refuse service, terminate your access to the website or online ordering, remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you.
In making the Misschu online ordering system (website and applications) available for use, Misschu:
- makes no warranties or representations regarding the goods and services to be provided (including availability and delivery);
- does not guarantee that the website, applications and online ordering system will be error-free or that any errors will be corrected. Misschu does not guarantee that the website, applications or online ordering system will be free from viruses or other harmful components and you agree to hold harmless Misschu from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the website, applications or online ordering; and
- reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
In using Misschu online ordering system (whether via the website or an application) you:
- acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices;
- acknowledge that you contract with the individual store from which you order and not Misschu (except where you order from a Misschu owned store) and therefore you have no claim, recourse or action against Misschu whatsoever (except where you order from a Misschu owned store); and
- indemnify Misschu from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.
In the event of customer dissatisfaction with a Misschu online order, a refund application may be made to the Misschu finance department.
Refunds are processed at the sole discretion of Misschu or its related parties. In the event that Misschu exercises its discretion and processes a customer refund, the amount refunded will be remitted to the customer’s nominated bank account via Electronic Funds Transfer. Refunds will not be processed via Credit Card. To make a complaint, customers may contact firstname.lastname@example.org.
Misschu online ordering strictly prohibits cancellations once an order has been placed.
Location of Online Merchant
For the avoidance of any doubt, the online merchant is located in Australia.
You agree to defend, indemnify and hold harmless Misschu and related corporations, affiliates, and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with: (i) your use of and access to the website (including any online ordering and applications); (ii) your violation of any term of these Terms & Conditions of Use; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by Misschu.
ABILITY TO ACCEPT TERMS & CONDITIONS OF USE
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions of Use, and to abide by and comply with these Terms & Conditions of Use.