Terms and Conditions
- In these Terms and Conditions:
“Order” means an order for Products on this Website.
“Products” means goods Supplied by Mymiley on this Website.
“Price” means the price at which the Products are listed on this Website.
“Supplied” means sourced and dispatched by Us and does not include goods manufactured or imported by Us;
“We“, “Us” and “Mymiley” means Mymiley Pty Ltd ACN 621 031 025 and
“You” means you the customer.
These Terms and Conditions constitute the entire Contract between Mymiley and you in relation to the Products purchased by You.
These terms and conditions shall govern your use of our Website. By using our Website, you accept these terms and conditions in full.
This Website is owned by Mymiley Pty Ltd, Australian Company Number 621 031 025 (“Mymiley”)
Mymiley is a Website helping match customer needs with a personal proxy shopping service. You can choose Products shown on the Website and Mymiley’s Contracted Agents will source the selected Products from local stores in Australia and mail them directly to you
You acknowledge that the various Products shown on the Website are not manufactured and or stocked by Mymiley and Mymiley does not provide sales or mailing services or function as an online shopping Website, and that all such shopping and mailing services are provided by the Mymiley team.
Once You have placed your order on this Website Mymiley will on your behalf appoint a buyer from the Mymiley team to procure, purchase and dispatch the Products directly to you to your nominated address for delivery.
Mymiley will provide assistance to nominated buyers Agents but does not endorse such third party services and in no event shall Mymiley be responsible or liable for any Products or services of the nominated buyers.
- Registration and accounts
3.1 You may register for an account with our Website by completing and submitting the account registration form on our Website, and clicking on the verification link in the email that the Website will send to you.
3.2 You must ensure that all information provided by you for the purposes of registration of an account is true, accurate and complete in all respects.
3.3 You must not allow any other person to use your account to access the Website.
3.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
3.7 After successful registration, your user name, password and other account information will be generated, and you can change the password according to the provisions of this Website. You should be careful with your user name and password. If you find any illegal use of user accounts or the existence of security vulnerabilities, please immediately notify the Website and report to the security organisations.
3.9 You must keep your login information and any password confidential.
3.10 You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- Website Service
4.1 Copyright notice
Subject to the express provisions of these Terms and conditions:
(a) We, together with our licensors, own and control all the copyright and other intellectual property rights in our Website and the material on our Website; and
(b) all the copyright and other intellectual property rights in our Website and the material on our Website are reserved.
- Licence to use Website
4.1 You may:
(a) view pages from our Website in a Web browser;
(b) download pages from our Website for caching in a Web browser;
(c) print pages from our Website;
(d) stream audio and video files from our Website; and
(e) use our Website services by means of a Web browser,
subject to the other provisions of these terms and conditions.
4.2 You may only use our Website for your own personal and business purposes, and you must not use our Website for any other purposes.
4.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Website.
- Acceptable use
5.1 You must not:
(a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
(b) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
(e) access or otherwise interact with our Website using any robot, spider or other automated means, except for the purpose of [search engine indexing;
(f) use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our Website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.
- Cancellation and suspension of account
6.1. If you do not comply with the terms and conditions above, We maintain the right in our absolute discretion to:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time without notice to you.
6.2 You may cancel your account on our website using your account control panel on the website.
- Confidentiality of your information
Confidentiality of users’ information will be strictly protected by the Website, includingthe user’s real name, mailing address, telephone number, e-mail address and other private information. This Website will not disclose any user’s private information unless otherwise authorised by the user or by law.
- Correction of Errors and Inaccuracies
Whilst Mymiley makes every reasonable effort to present accurate information on this Website, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Website at any time (including after you have submitted your order). If this affects an order you have placed We will contact you to advise of the change and give you the option of a refund or to proceed with the order as amended. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise for any inconvenience this may cause you
- Legal Capacity to Transact
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with Mymiley. Should Mymiley suffer any damage or other losses as a result of a transaction entered into by a minor, Mymiley reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Mymiley.
- Placing Your Order
You may place an Order by adding items to ‘My Cart’ on Mymiley Website and clicking the “Check Out” button.
When you place your Order, We will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
Information contained on the Mymiley Website constitutes an invitation to treat. No information on our Website constitutes or should be deemed as an offer by us to supply any Products, howeverthe Contracted Agents will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation via email, however, We do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Mymiley and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
We will confirm acceptance of your order when your order status moves to dispatched in the My Account My Orders Section. If We cannot process or accept your Order after payment is received We will contact you by email or telephone.
When you place an Order, please carefully confirm the name of the purchased goods, price, quantity, model, size, standard, contact address, consignee and other information
- Payment Methods and Processing
Mymiley uses Wechatto provide a secure environment for the authorisation of credit card and charge card transactions. We also offer PayPal and MasterPass payment solutions. Confidential information including card details are encrypted using industry standard encryption technology.
In this clause:
“GST” means GST within the meaning of A New Tax System (Goods and Services) Act 1999 (Cth)
Subject to this clause, if GST is payable in respect of any supply made to you by Mymiley, an amount equal to the GST payable (at the current prevailing rate) will be included as part of the Purchase Price listed on this Web site.
- Delivery of Your Products
Productsare from around Australia delivery times will vary. We will use our best efforts to ensure your order arrives as soon as possible after you have completed Your order and payment. Delivery will be made via a number of partners and the estimated delivery times will be indicated according to according to the dispatch location.
We use the best possible estimated dates given the information We have been provided by our suppliers and partners, however many factors are outside of our control and We cannot guarantee delivery within this time frame. Individual order status can be tracked in the My Account, My Orders section.
We charge shipping and handling for your purchase, unless otherwise stated on the Website. Due to the nature of our business, We may consolidate orders where possible from more than Product purchase. For these orders shipping and handling charges will remain unaltered. Title and risk of loss to all Products will pass to you on delivery.
For the avoidance of doubt, In the event that there is any ambiguity relating to the passing of risk and title to the goods, risk and title to the goods will pass to you on the first attempt at delivery irrespective of whether it was successful or not.
Mymiley and couriers associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority To Leave delivery method. You agree to release Mymiley Pty Ltd from and against any and all claims, demands, liabilities, losses, costs and expenses if Authority To Leave is selected.
Should the courier be unable to leave the parcel or deem the location to be an unsafe area to leave the parcel or your instruction text is unclear, the courier may leave an attempted delivery card and return the parcel to their depot.
Risk and title to the goods transfers to you after the first attempt at delivery irrespective of whether it was successful or not.
- Express Warranties
The Products are not manufactured and or distributed by us. The Productmanufacturer’s offer their own optional or additional warranties and these apply strictly in addition to your rights under the Australian Consumer Law. Please contact our customer service team who will assist you in obtaining a remedy for your product.
- Limited warranties
15.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our Website;
(b) that the material on the Website is up to date; or
(c) that the Website or any service on the Website will remain available.
15.2 We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if We stop publishing the Website.
15.3 To the maximum extent permitted by applicable law, We exclude all representations and warranties relating to the subject matter of these terms and conditions, our Website and the use of our Website.
- Limitations and exclusions of liability
To the extent permitted by law, We exclude all implied terms and warranties, whether statutory or otherwise, relating to the Products; and We will not be liable to you for indirect and/or consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind).
Our liability to you for loss or damage of any kind arising out of this contract or in connections with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability if in contract, tort (including negligence), under any statue or otherwise.
Mymiley’s liability for breach of any of these terms and conditionsis limited at the option of Mymiley to the following:
- The replacement of the Products or the supply of equivalent Products; or
- The payment of the cost of replacing the Products or acquiring equivalent Products
The Products are provided “as is,” and You disclaim all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for particular purpose.
You acknowledge that You have not been induced by any statements or representations of any person with respect to the quality or condition of the Products and that no such statements or representations have been made.
17.1 Force Majeure
Mymiley shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Mymiley, and Mymiley shall be entitled to a reasonable extension of time for the performance of such obligations.
17.2. Governing Law
These Terms and Conditions and the contract created hereto will be governed by and construed in accordance with the laws of Victoria, Australia and shall be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.
All disputes arising out of this Agreement shall be dealt with in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria Australia.
(a) We may revise these terms and conditions from time to time.
(b) The revised terms and conditions shall apply to the use of our Website from the date of publication of the revised terms and conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. OR We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our Website from the date that We give you such notice; if you do not agree to the revised terms and conditions, you must stop using our Website.
(a) You hereby agree that We may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
(b) You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
18.1 These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our Website and shall supersede all previous agreements between you and us in relation to your use of our Website.
- Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with the laws of the State of Victoria, Australian.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
- Our details
You can contact us:
(a) using our Website contact form;
(b) by telephone, on the contact number published on our Website from time to time; or
(c) by email, using the email address published on our Website from time to time.