Effective Date: [22/09/2023]
1. ACCEPTANCE OF TERMS
Welcome to www.mishbio.com. This website (“Site”) is owned and operated by Mish Bioscience Pty Ltd (“MishBio”). Your access to and use of this Site is subject to the following Terms and Conditions. By using the Site, you agree to comply with these Terms and Conditions. If you do not agree to these Terms and Conditions, please refrain from using this Site. MishBio reserves the right to modify these Terms and Conditions at any time without notice. It is your responsibility to review these Terms and Conditions periodically for any changes or updates.
2. GRANT OF LICENSE
You are granted a non-exclusive, revocable, and limited license to access and use this Site and its content in accordance with these Terms and Conditions. No additional rights are granted to you by implication, estoppel, or otherwise.
3. NOT MEDICAL OR HEALTHCARE ADVICE
Content contained on or made available through the Site is not intended to provide and does not constitute medical or healthcare advice, nor can it be relied upon as preventative care, a cure, or treatment for any disease or medical condition. You should consult with a qualified healthcare professional for advice regarding the diagnosis and treatment of any medical condition and before starting any vitamin, herbal, or dietary supplementation, nutritional, exercise, or other medication program. Your use of information available on or through this Site is your own responsibility and at your own risk. Statements on the products on this website have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.
4. PRODUCT WARNINGS
(A) Label and Usage: Always read the label and follow the directions for use of MishBio products.
(B) Symptoms: If you experience any adverse symptoms after consuming MishBio products, discontinue their use immediately and consult with your qualified MEDICAL OR HEALTHCARE ADVISER. It is the sole responsibility of the consumer to seek advice from a healthcare professional before consuming MishBio supplements.
(C) Pregnancy and Breastfeeding: If you are pregnant or breastfeeding, consult your healthcare professional before using MishBio products.
(D) Pre-Existing Conditions and Medications: If you have any pre-existing medical conditions or are taking any medications, always consult with your healthcare professional before using MishBio products.
(E) Surgery: Some products may need to be discontinued at least two weeks prior to elective surgery. Please confirm this with your healthcare professional.
(F) Balanced Diet: Supplements should not be considered a replacement for a balanced diet.
5. ORDERING MISHBIO PRODUCTS
(A) Capacity to Contract
Our products are offered for sale to adults aged eighteen (18) years and older. By proceeding with a purchase through our Online Shop, you represent and warrant that you are over the age of 18.
(B) Price and Product Availability
We strive to maintain an up-to-date product list; however, we do not guarantee the availability of any product advertised on our Online Shop. All prices are denoted in USD. We reserve the right to adjust our prices at any time. Unless otherwise specified, packaging and postage costs are additional charges, calculated based on your delivery address at the time of purchase. Any order placed through this Online Shop constitutes an offer to purchase a specific product at the advertised price (inclusive of delivery and other charges) specified on this Online Shop at the time of ordering.
(C) Title and Risk
Legal title to all products purchased on this Online Shop transfers to you upon our receipt of payment (“Product Sale”). By making a purchase, you agree that the relevant Product Sale is deemed to have occurred and the sales contract is formed in Australia. It is subject to Australian law, regardless of your location when placing the order or making payment. Subsequent to the Product Sale, the transportation of your ordered product to your delivery address is managed by the transportation carrier as your agent. All risk associated with loss or damage to your ordered product transfers to you when we dispatch the product.
(D) Order Cancellation Due to Error
In cases where a product is listed at an incorrect price, contains incorrect descriptive information or imagery due to typographical errors or oversights of a similar nature, we reserve the right to cancel your transaction. If your credit card has already been charged, we will refund the total debited amount to your credit card. This refund constitutes our maximum liability and obligations to you under such circumstances.
6. PAYMENTS
(A) Payment Methods
Payments can be made via [Visa, Mastercard, American Express], or you may opt for the BUY FIRST & PAY LATER method using AfterPay. Unless explicitly stated otherwise, the price payable for MishBio Products ordered is the price indicated on this Online Shop, in addition to any applicable shipping and handling charges. Prices are inclusive of local taxes, but exclude potential taxes on products shipped to your designated destination.
(B) Payment Information
When placing an order, we require you to provide your name, delivery address, email address, telephone contact, and payment method details. We pledge to handle this information diligently and in accordance with our Privacy Policy. However, by providing this information, you acknowledge that we are not liable for its misuse due to transmission errors, viruses, or malware.
7. DELIVERY
(A) Worldwide Shipping
We facilitate global shipping through our fulfillment facility based in the United States of America (“USA”).
Orders shall ordinarily be dispatched within a timeframe of 2-3 working days. Upon submission of your email address, you shall receive notifications pertaining to the delivery process.
It is hereby acknowledged that Mish Bioscience Pty Ltd (“MishBio”) cannot warrant delivery times, including instances beyond the control of MishBio.
Next-Day Deliveries are contingent upon the terms and conditions set forth by Post Express Post.
All deliveries transpire between Monday and Friday, and are entrusted to the courier service designated by MishBio.
[Last Mile Delivery]
To optimize efficiency, the delivery of all orders entails sorting and airlifting to the designated last-mile distribution center within the respective country, followed by delivery through the postal service of that country. You concur that MishBio assumes no responsibility for, and exercises no authority over, the local postal service within your country.
You further agree that MishBio shall not be held accountable for any shipping-related complications, delays, or inaccuracies originating within your country.
In the course of ordering from MishBio, the recipient assumes the role of the importer of record and must adhere to all laws and regulations of the destination country. Shipments directed to you may incur import taxes, customs duties, and associated fees imposed by the destination country.
The recipient of an international shipment may be subject to these import taxes, customs duties, and fees, which are imposed upon the arrival of the shipment in the destination country. Additional expenses incurred during customs clearance are the responsibility of the recipient. MishBio lacks control over these charges and is unable to anticipate their magnitude. Customs regulations vary considerably from country to country and region to region; therefore, it is advisable to consult with your local customs authority for detailed information. When customs clearance procedures are necessitated, they may contribute to delays extending beyond our original shipment delivery estimations.
MishBio reserves the prerogative to withhold the delivery of MishBio Products to specific countries.
Furthermore, MishBio assumes no responsibility for ensuring the legal importation of the product into the destination country. Consequently, when placing an order with MishBio for delivery to your country, you or the designated recipient must comply with all laws and regulations of the destination country. It is advisable to investigate any importation statutes or regulations that may impose limitations on the importation of MishBio Products prior to initiating a purchase.
8. PRODUCT RETURNS
We entertain returns for reasons of a mere change of preference within 30 days from the date of purchase. Such return requests must be initiated only once. Additionally, you are required to bear the expense of returning the product to us, with a minimum of 2 capsules remaining in the bottle.
Notwithstanding the aforementioned, MishBio Products are furnished with guarantees that cannot be excluded under international fair-trading statutes.
We undertake to substitute any MishBio Products dispatched to you that are either defective or in a damaged condition.
Should we be unable, at the time of return, to provide a replacement or exchange for the returned MishBio Products, we commit to refunding the initial amount debited to your credit card for the purchase, inclusive of packaging and postage charges. However, this reimbursement constitutes a cap on our liability and obligations in this regard.
9. MISHBIO AFFILIATE PROGRAM
The Affiliate Program is accessible to websites seeking to monetize their web traffic by referring sales to MishBio via an Affiliate link. Eligible sites encompass, but are not confined to, coupon sites, loyalty sites, content sites, subnetworks, among others. For comprehensive insights and application to the Affiliate program, kindly visit Affiliate Program – Mish Bioscience Pty Ltd. Your application is subject to review and approval.
Refer to the “Terms & Conditions” for the Affiliate program on the Mish Bioscience Pty Ltd website for detailed Affiliate program Terms and Conditions.
10. GENERAL SECTIONS
SECTION 1 – ONLINE STORE TERMS
By assenting to these Terms of Service, you affirm that you have reached the age of majority in your respective state or province of residence, or that you possess the authority to provide consent for the use of this site by any of your minor dependents.
The utilization of our products for unlawful or unauthorized purposes is expressly prohibited. Furthermore, you are bound to refrain from violating any laws within your jurisdiction during your use of the Service, including, but not confined to, copyright laws.
Transmitting any malicious code, worms, viruses, or any other code of a destructive nature is strictly prohibited.
A breach or infringement of any of the terms stipulated herein shall lead to the immediate termination of your access to the Services.
SECTION 2 – GENERAL CONDITIONS
We uphold the right to decline service to any individual, for any rationale, and at any time.
You acknowledge that your content, excluding credit card information, may undergo unencrypted transmission across various networks and may be subject to alterations to conform to the technical prerequisites of connecting networks or devices. Credit card information, however, is invariably encrypted during transit over networks.
You are in agreement not to reproduce, duplicate, copy, sell, resell, or exploit any segment of the Service, the utilization of the Service, or access to the Service, or any contact on the website through which the Service is provided, unless express written consent is granted by us.
The titles and headings employed in this agreement are provided solely for convenience and shall not restrict or otherwise impact these Terms in any way.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We bear no responsibility if the information made accessible on this site proves to be inaccurate, incomplete, or out of date. The material available on this site is furnished solely for general information and should not be solely relied upon for making decisions. Instead, you should consult primary, more accurate, more comprehensive, or more up-to-date sources of information before making decisions. Any reliance placed on the material available on this site is entirely at your own risk.
This site may include certain historical information. However, historical information is inherently not current and is made available solely for your reference. We retain the right to modify the contents of this site at any time, although we are under no obligation to update any information on our site. It is your responsibility to stay informed about changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to alteration without prior notice.
We reserve the prerogative to modify or discontinue the Service, or any part thereof, without prior notice at any time.
We shall not be liable to you or any third party for any modification, price alteration, suspension, or discontinuation of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or Services may exclusively be obtainable online via the website. These products or Services may be subject to limited availability and may be returnable or exchangeable solely according to our Refund Policy.
Every attempt has been made to present the colors and images of our products on the store as accurately as possible. However, we cannot guarantee that your computer monitor will accurately display any color. We reserve the right to restrict the sale of our products or Services to any individual, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or Services offered. Descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We retain the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other materials acquired or obtained by you will meet your expectations, or that any errors in the Service will be rectified.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We uphold the right to reject any order placed with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. Such limitations may apply to orders placed by or under the same customer account, the same credit card, or orders with the same billing and/or shipping address. In the event of an alteration or cancellation of an order, we will attempt to notify you via the email address or billing address/phone number provided at the time of order placement. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You consent to supplying current, complete, and accurate purchase and account information for all purchases made on our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, to facilitate the completion of your transactions and to ensure effective communication with you as necessary.
For additional details, please refer to our Refund Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no monitoring, control, or input.
You acknowledge and accept that we grant access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind, and without any endorsement. We bear no liability whatsoever arising from or associated with your use of optional third-party tools.
The use of optional third-party tools offered through the site is entirely at your discretion and risk. It is your responsibility to ensure your familiarity with and approval of the terms under which the relevant third-party provider(s) provide these tools. In the future, we may offer new Services and/or features through the website, including new tools and resources, which shall be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and Services available through our Service may encompass materials from third parties.
Third-party links found on this site may redirect you to third-party websites not affiliated with us. We are not responsible for the examination or assessment of the content or accuracy of third-party materials or websites. We do not warrant and shall not bear any liability or responsibility for any third-party materials, websites, or any other materials, products, or Services from third parties.
We disclaim all liability for any harm or damages resulting from the purchase or use of goods, Services, resources, content, or any other transactions conducted in association with third-party websites. You are encouraged to thoroughly review the policies and practices of third parties and ensure your understanding before engaging in any transactions. Concerns, claims, issues, or inquiries related to third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, upon request, you provide specific submissions (such as contest entries) or, without a request, forward creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, by mail, or through other means (collectively, ‘comments’), you grant us the unrestricted right, at any time, to edit, copy, publish, distribute, translate, and employ any comments forwarded to us. We are under no obligation (1) to maintain comments in confidence; (2) to provide compensation for any comments; or (3) to respond to comments.
We may, though we are not required to, monitor, edit, or remove content that, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or infringes upon any party’s intellectual property or these Terms of Service. You consent that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Moreover, your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, nor will they contain computer viruses or other malware that could affect the operation of the Service or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of any comments. You bear sole responsibility for any comments you submit and their accuracy. We assume no responsibility and accept no liability for comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
The submission of your personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information available on our site or through the Service may contain typographical errors, inaccuracies, or omissions, including product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order). We have no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be interpreted as an indication that all information in the Service or on any related website has been altered or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions established in the Terms of Service, you are prohibited from using the site or its content for the following purposes: (a) engaging in any unlawful activities; (b) soliciting others to participate or perform unlawful actions; (c) violating international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) infringing upon or violating our intellectual property rights or the rights of others; (e) engaging in harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other malicious code that may affect the functionality or operation of the Service, other websites, or the Internet; (h) collecting or tracking the personal information of others; (i) engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) pursuing any obscene or immoral purpose; or (k) interfering with or circumventing the security features of the Service, any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violations of any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We make no guarantees, representations, or warranties that your use of our Service will be continuous, punctual, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that, from time to time, we may withdraw the Service for indefinite durations or cancel the Service at any time without prior notice to you.
You expressly consent that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, unless expressly stated by us. Under no circumstances shall Mish Bioscience Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. This limitation of liability also applies to any damages caused by any third-party product or Service. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mish Bioscience Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site. If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. In addition, we may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.