Last updated on 4 November 2021
MIIROKO PTY LTD (MIIROKO)
ABN 71 644 479 916
TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING
Welcome to MIIROKO.
In these terms, we also refer to MIIROKO as “our”, “we, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being miiroko.com and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
· Part A: Terms for when you buy Products (applies when you buy)
· Part B: Terms for when you browse and interact with this Website (applies when you browse)
· Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
1 SUBMITTING AN ORDER
(a) By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
(a) You may purchase Products on the Website as a one-off purchase, or as a recurring purchase as part of an ongoing subscription (Subscription).
(b) To sign up for a Subscription, you will be required to register and receive an account through the Website (an Account).
(c) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(d) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(e) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
(a) Your Subscription will include the delivery of certain Product(s) on a recurring basis as set out on our Website at the time of placing an Order.
(b) Our Subscriptions are flexible and are designed to suit your hair care schedule, so you can select and adjust the time interval in between each delivery of Products as part of your Subscription. A delivery of Products will occur following each subscription renewal date (Renewal Date), which may be between 4 weeks and 12 weeks apart (Renewal Interval). You will select your preferred Renewal Interval at the time of signing up for a Subscription, which will remain the same between each Renewal Date unless adjusted by you in accordance with clause 2.2(c) below.
(c) If you would like to change your Renewal Interval, or change the particular Product you will receive following a particular Renewal Date (i.e. to a different hair colour), you will need to provide us with 48 hours’ notice before the Renewal Date.
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
(b) Until the price of your Products is paid in full, title in those Products is retained by MIIROKO. Risk in the Products will pass to you on delivery in accordance with clause 6. Delivery must not be refused by you.
(a) Always use the Products in accordance with the instructions set out on the Product packaging and on our Website.
(b) You acknowledge that the Products are hair products designed to be used strictly in accordance with their instructions. The Products may be harmful if used incorrectly or by people who may have adverse reactions to the Products. The Product contains ingredients which may cause severe irritation and possible permanent injury. You agree that you use the Products entirely at your own risk.
(c) Allergies can develop unexpectedly. Therefore, an allergy test must be done 48 hours before each Product use (Test) even if you have previously used this colouring product, as set out on the Product packaging. The absence of a reaction to the Test is no guarantee that an allergic reaction may not occur while colouring your hair in the future. In case of doubt, medical advice should be sought.
(d) Do not use the Products if you have:
(i) a rash on your face or sensitive, irritated and damaged scalp;
(ii) previously experienced any reaction after colouring your hair; or
(iii) previously experienced any reaction to temporary henna tattoo.
(e) The outcome achieved as a result of using the Products varies from person to person and depends on a range of factors, including your hair type and colour, the technique used to apply the Product and the type of Product you have selected. We do not guarantee any particular outcome as a result of using the Products, and do not guarantee that any hair colouring Product will achieve the colour show in any images on our Website or promotional material.
(f) By purchasing the Products you agree and warrant that:
(i) you will read the safety instructions and only use the Products in accordance with the manufacturers’ instructions provided on the packaging and/or on the Website;
(ii) if applicable, only use the Products wearing appropriate personal protective equipment;
(iii) you will not use the Products if it is unsafe to do so; and
(iv) in accordance with clause 20, MIIROKO and our employees and agents will not be liable to you or any third party in respect of any liability for loss, damage or injury which may be suffered by any person arising from your use of the Products.
(g) It is your responsibility to input the correct information on our Website at the time of placing an Order to ensure that you receive a Product that is suitable for you. We are not liable for any loss or damage you may suffer as a result of using a particular Product that is not suitable for you.
(h) We may recommend certain Products to you, either by our personnel or by using the quiz tool on our Website. While we endeavour to recommend the most suitable Product to you, you acknowledge and agree that:
(i) any recommendation we provide to you is based on the information you provide to us;
(ii) we do not guarantee that the Products will achieve your desired result or any particular result; and
(iii) we do not guarantee that any recommendation we provide is accurate.
(i) Your hairdresser may recommend a Product to you for purchase, or may use a Product on your hair as part of their hairdressing service (Hairdressing Service). We are not liable for any loss or damage suffered:
(i) as a result of any incorrectly recommended Product to you by your hairdresser; or
(ii) as part of the Hairdressing Service.
5.1 PAYMENT GENERALLY
(a) All prices are:
(i) per unit (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) For one-off purchases, you must pay for all Products at the time of placing an Order (unless otherwise agreed).
(c) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by MIIROKO, you must pay the GST subject to MIIROKO providing a tax invoice.
(d) (Card surcharges) MIIROKO reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
5.2 PAYMENT FOR YOUR SUBSCRIPTION
(a) You must pay fees to us in the amounts and at the times specified at the time of check-out (Subscription Fees). Your Subscription Fees will continue to renew indefinitely on each Renewal Date, unless cancelled in accordance with clause 8.2.
(b) All Subscription Fees must be paid in advance.
(c) We reserve the right, from time to time, to change the Subscription Fees. We will notify you in advance if we do this.
(d) If you elect to pay for the Subscription Fees using direct debit (DD), you:
(i) authorise direct debit in line with our Payment Provider’s separate DD Authorisation Form and any DD Agreement as applicable;
(ii) agree to enter into any DD Agreement required by our Payment Provider;
(iii) authorise us to charge your bank account or credit card in advance in line with any DD Authorisation Form and any DD Agreement;
(iv) must ensure that there are sufficient funds available in your account to allow our Payment Provider to debit the Fees payable;
(v) acknowledge and agree that there may be additional payments required from the Payment Provider if you miss of fail to make any payment. These terms are separate and in addition to this agreement; and
(vi) acknowledge that we will not pay any charge back amount if you fail to cancel your Subscription in accordance with this clause. By choosing a recurring payment plan, you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Subscription. We may submit periodic charges for the Subscription Fees without further authorization from you, until you provide prior written notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorization or change your payment method, please contact us via our Website.
If you purchase a Product and you are not satisfied with the Product (acting reasonably), we are happy to offer you a full refund of the fees paid for that Product, on the following conditions:
(a) you contact us via our Website within 30 days of payment; and
(b) you provide reasons as to why you are not satisfied with the Product or any of our related services, so we can review your feedback and improve our offering to other customers.
7 DELIVERY AND SHIPPING
(a) (Delivery Costs) Delivery costs will be added to the cart upon checkout, if applicable (depending on the value of your Order and the type of Subscription and/or Account you hold). The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(b) (Delivery Details) MIIROKO may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i) delivery is to the delivery point specifically accepted by MIIROKO; and
(ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.
(c) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(d) (International Orders) MIIROKO reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
8.1 CANCELLATION GENERALLY
(a) We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
(b) You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds process in clause 8.3 may apply.
Your Subscription Fees will continue to renew indefinitely on each Renewal Date, unless you notify us at least 48 hours’ notice before the next Renewal Date.
(a) Except as otherwise set out on our Website and in our Money Back Guarantee, we generally don’t offer refunds for any of our Services or subscriptions and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we’ll consider your situation.
(b) We will provide a full refund of the price paid for a Product if we determine that:
(i) a Product you have ordered was not received by you solely due to failure by us;
(ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
(iii) a Product is faulty.
(c) If you believe your Product is faulty, please contact us using the details provided on our Website and we will review your request. If we determine that the Product is faulty, you may request a refund, exchange or store credit for that Product plus any shipping costs paid by you.
(d) Nothing in this clause 8 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
9 INTELLECTUAL PROPERTY
(a) MIIROKO retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
10 THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third party suppliers, without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
11 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
12 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of MIIROKO;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of MIIROKO, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
13 INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
14 INTELLECTUAL PROPERTY
(a) MIIROKO retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from MIIROKO or as permitted by law.
(c) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
15 THIRD PARTY TERMS AND CONDITIONS
(a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
(b) You agree to any Third Party Terms applicable to any third party goods and services, and MIIROKO will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
16 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
17 THIRD PARTY PLATFORM
(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: insert if known.
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
MIIROKO does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
19 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
(a) To the maximum extent permitted by applicable law, MIIROKO limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by MIIROKO, is limited to the greater of:
(i) the total Fees paid to MIIROKO by you in the 3 months preceding the first event giving rise to the relevant liability; and
(b) Claims for loss of or damage to Products in transit must be made against the carrier.
(c) Products sold by MIIROKO, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(d) All other express or implied representations and warranties in relation to Products and the associated services performed by MIIROKO are, to the maximum extent permitted by applicable law, excluded.
(e) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(f) (Indemnity) You indemnify MIIROKO and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any goods or services provided by MIIROKO.
(g) (Consequential loss) To the maximum extent permitted by law, under no circumstances will MIIROKO be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by MIIROKO (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
21.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
21.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
21.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.