WEBSITE TERMS AND CONDITIONS OF USE
1.About the Website
1.1 Welcome to www.maabotanicals.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various physical products, Eproducts and Services (the ‘Services’) that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2 The Website is operated by maa organics Pty Ltd (acn: 167 989 004) t/a maa organics. Access to and use of the Website, or any of its associated Products is provided by maa organics. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
1.3 Maa organics reserves the right to review and change any of the Terms by updating this page at its sole discretion. When maa organics updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2.Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by maa organics in the user interface.
3.Purchase of Products
3.1 In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
3.2 Payment of the Purchase Price may be made through Square or Paypal (the 'Payment Gateway Providers').
3.3 In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
3.4 Following payment of the Purchase Price being confirmed by maa organics, you will be issued with a receipt to confirm that the payment has been received and maa organics may record your purchase details for future use.
3.5 Maa organics reserves the right to accept or reject your order for any reason, including if the requested Product is not available.
4.Refunds and Returns
For Physical Products
4.1 If you make an error when ordering a full priced item, maa organics will provide a refund on the return of the item. To request a refund and organize a return please e-mail info@maaorganics.com.au with your proof of purchase. Maa organics will outline the process for returning the item. The returned item must be unopened, and its original saleable condition. You are liable for all shipping costs incurred when returning the item back to maa organics.
4.2 Maa organics does not provide refunds for change of mind.
4.3 Maa organics does not provide refunds for sale items, for any reason.
4.4 Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.
4.5 In the following situations, no refund or return will be available.
(a) Denied acceptance of delivery by receiver;
(b) Inaccurate delivery address;
© Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to maa organics for a return fee charged to the initial payment method.
4.6 If you have received the incorrect item, or a faulty or defective item, please follow the process outlined in clause 6.
4.7 Maa organics wants you to be satisfied with your Product. If you have any issues with maa organics Products, please e-mail info@maaorganics.com.au.
For Eproducts
4.8 Maa organics does not provide refunds for Eproducts. Please keep this in mind when making a purchase.
For Coaching and Wellbeing Studio Appointments
4.9 You must notify maa organics of an intention to cancel a scheduled appointment as soon as practicable in writing by email info@maaorganics.com.au or by text message or calling 0413045449, in which case the following cancellation policy will apply (‘the Cancellation Policy’).
4.10 Appointments may be cancelled without charge, and any payment refunded if 24 hours’ notice is given.
4.11 Appointments may be re-scheduled without charge if 24 hours notice is given.
4.12 If appointments are cancelled with less than 24 hours notice the full fee will be payable and is non-refundable.
4.13 If You fail to attend a scheduled appointment without making prior arrangements in accordance with this cancellation policy, the full fee will be payable.
4.14 If maa organics foresees being unable to undertake the appointment on the agreed date and time, maa organics will inform you as soon as practicable and will reschedule the appointment.
4.15 Maa organics will only be required to provide you with a refund of the Fees in the event that maa organics is unable to continue to provide the Services (the 'Refund').
For Event Tickets
4.16
If an event is cancelled or rescheduled before the scheduled start date and time, for any reason whatsoever, refunds or partial refunds may be issued. Maa organics will communicate with ticket holders directly.
4.17 Maa organics will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of an event.
4.18 With the exception of 4.16 above, ticket purchase fees are not refundable in any other circumstances.
4.19 Tickets may be transferred to another individual. To do this you must advise maa organics of the transfer in writing by email info@maaorganics.com.au.
5.Delivery
5.1 You acknowledge that the Purchase Services offered by maa organics integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
5.2 In providing the Purchase Services, maa organics may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that maa organics is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
5.3 In the event that an item is lost or damaged in the course of the Delivery Services, maa organics asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact maa organics by sending an email to info@maaorganics.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
6.Consumer Guarantees
6.1 Maa organics’ Products come with guarantees that cannot be excluded under the Australian Consumer Law (‘Consumer Guarantees’). You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. Please contact maa organics by sending an e-mail to info@maaorganics.com.au if you believe that a Product has failed to meet a Consumer Guarantee.
6.2 The Consumer Guarantees do not apply to any appearance of the supplied Products nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
6.3 Subject to clauses 6.1 and 6.2, maa organics gives no further warranty in respect of the Products.
7.Information and Product Disclaimer
7.1 The information contained on this Website and within all associated Products is for general information purposes only and is not meant to substitute professional treatment or medical advice. Any statements related to health and wellbeing are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.
7.2 Any information provided to you by maa organics regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.
7.3 Maa organics makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.
7.4 Maa organics Products are made using naturally derived ingredients which may cause sensitivity and allergies in some individuals. If you have or suspect you may have allergies or medical issues which may be affected by certain products, or, after using any of the Products, find you may have or be experiencing side effects, you should promptly contact your health care provider. To the extent permitted by law, maa organics is not liable or responsible for any allergies or reactions that may occur due to your skin type and use of the Product.
8.Gift Cards
Gift Cards can be purchased from the Website and are administered by Square Gift Cards (the ‘Gift Card Service Provider’). In Purchasing a Gift Card, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Gift Card Service Provider. Gift Cards may only be used to make purchases online and are not valid instore.
9.Product Liability
9.1 Maa organics is not responsible for the care of Products once they have been delivered to you. Storage conditions and combining certain Products with other ingredients may alter the stability and nature of the Product. This is beyond the control of maa organics, and maa organics is not liable for any results that occur due to your storage and handling of the Product.
10.Release and Waiver (Coaching)
10.1 You acknowledge and agree that maa organics cannot guarantee the results or effectiveness of any of the Services rendered or to be rendered to you. Rather, maa organics shall conduct its operations and provide its Services in a professional manner and in accordance with good industry practice. Maa organics will use its best efforts and does not promise results.
10.2 You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Services are not to be used as a substitute for counselling, mental health care or medical treatment. It is your exclusive responsibility to seek such independent professional guidance as needed.
10.3 You agree to release and discharge maa organics from and against all claims arising out of or in connection with provision of the Services.
11.Confidentiality (Coaching)
11.1 All obligations of confidence set out in these Terms continue in full force and effect after the completion of the Services.
11.2 Maa organics must not disclose any confidential information, which extends to your personal details, to any third party without your prior consent.
11.3 These Terms prohibits the disclosure of confidential information by Maa organics with exception to the following circumstances:
i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms;
ii. where you have consented to the disclosure of confidential information;
iii. the disclosure is required by applicable law or regulation; or
iv. if the confidential information is already in the public domain at no fault of Maa organics.
12.Copyright and Intellectual Property
12.1 The Website, the content and all of the related products of maa organics are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, recipes, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by maa organics or its contributors.
12.2 All trademarks, service marks and trade names are owned, registered and/or licensed by maa organics, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
Maa organics does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by maa organics.
12.3 Maa organics retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of maa organics; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a thing, a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
12.4 You may not, without the prior written permission of maa organics and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
13.Privacy
Maa organics takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to maa organics’ Privacy Policy.
General Disclaimer
14.1 You acknowledge that maa organics does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
14.2 Maa organics will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.
14.3 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
14.4 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b)Maa organics will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
14.5 Use of the Website, the Purchase Services, and any of the products of maa organics is at your own risk. Everything on the Website, the Purchase Services, and the Products of maa organics, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of maa organics make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of maa organics) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
15.Limitation of Liability
15.1 Maa organics' total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of maa organics is the resupply of information, Services or Purchase Services to you.
15.2 You expressly understand and agree that maa organics, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
15.3 Maa organics is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of maa organics, by third parties or by any of the Purchase Services offered by maa organics.
16.Force Majeure
16.1 If circumstances beyond maa organics’s control prevent or hinder its provision of the Products, maa organics is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Maa organics may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
16.2 Circumstances beyond maa organics’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
17.Indemnity
17.1 You agree to indemnify maa organics, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
18.Dispute Resolution
18.1 Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
18.2 Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
18.3 Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Capital Territory Law Society or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held at a location to be agreed between the parties.
18.4 Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
19.Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of the Australian Capital Territory, Australia.
20.Governing Law
The Terms are governed by the laws of the Australian Capital Territory, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of The Australian Capital Territory, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
21.Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
22.Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force