Terms and Conditions

 

1. About this website

These Collection Website Terms of Use apply to the those parts of the website owned and operated by the Mirabel Foundation Inc (ABN 22 926 759 458) (Mirabel Foundation) which are under the sub-domain “mirabelfoundation.org.au/retail-therapy” (the Collection Website).

 

Your use of the information, graphics, text, software and materials (Content) on the Collection Website is governed by these Terms of Use and by using the Collection Website you agree to be bound by these Terms of Use.

 

In addition to the provisions of these Collection Website Terms of Use, there may also be specific and additional terms that apply to certain sections of the Collection Website. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.

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2. Australian residents only

The information contained within the Collection Website is intended for Australian residents only and is not intended for use by any person who is a resident of any other country as the Content or these Terms of Use may not comply with non-Australian laws. References to currency are in Australian dollars unless otherwise specified.

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3. Links to other websites

The Collection Website may contain links to third party websites. Mirabel Foundation does not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, Mirabel Foundation makes no warranties or representations:

 

  1. regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services; or
  2. that material on linked websites does not infringe the intellectual property rights of any person. By linking to those websites, Mirabel Foundation is not authorising the reproduction of material on linked websites.

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4. Information available at the Collection Website

The Collection Website provides general information about Mirabel Foundation and Mirabel Foundation’s various programs, services and activities.

 

In addition, the Collection Website may from time to time contain or make available various message services, email lists, mailout or newsletter services, or other tools and facilities which may be of use to you. Whilst Mirabel Foundation has made every effort to ensure that any such features are accurate and free from defect, Mirabel Foundation does not warrant the accuracy, correctness or completeness of these features, which are provided on an “as is” basis.

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5. Ordering goods

Content relating to goods available for ordering may be based on information provided by third parties such as the suppliers of those goods. While we aim to ensure that information is kept current and correct, there may be some instances where goods ordered differ in a minor degree from their descriptions. Any graphics, photos, or illustrations used in relation to goods available for ordering on the Collection Website may not be fully representative of the goods described and should be used as a guide only.

 

By placing any order for goods in the manner described on the Collection Website, you make an offer to purchase the goods for the price specified on the Collection Website at the time you place the order (Offer). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the goods, an error in the price or the goods description posted on the Collection Website, or an error in your Offer. We do not accept orders for delivery outside mainland Australia or Tasmania.

 

Cancellations are accepted only if your order has not been dispatched. Please contact us if you wish to cancel your order.

 

Prices for goods displayed on the Collection Website may change at any time at our sole discretion. You must pay to us the price for the goods that is displayed on the Collection Website at the time you place an order, plus any applicable delivery and handling charges. Payment must be made with your order. If an item you have ordered is out of stock, we will contact you to discuss your options.

 

Title to the goods shall pass to you on the physical delivery of the goods to the address identified by you in your order. Risk of loss or damage to the goods shall pass to you when the goods are passed from us to our delivery provider for delivery to you. We do not insure orders, so we recommend that you nominate a secure delivery address.

 

Any delivery period stated on the Collection Website is an indication only of the anticipated period for delivery of the goods, and does not form part of the agreement for sale of the goods.

 

In addition to your rights at law, if you are not 100% happy with a Mirabel Foundation-branded clothing item you have ordered so if it doesn’t fit or isn’t what you expected we ask you to contact us within 10 days of receipt. We will be happy to provide a credit or exchange (excluding delivery charges) if the item is returned as new with tags and in the same condition that it was sold. Please include the original order confirmation.

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6. Availability of the Collection Website

As electronic services are subject to interruption or breakdown, access to the Collection Website is offered on an “as is” and “as available” basis. Mirabel Foundation may withdraw the Collection Website at any time and without notice to you.

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7. User conduct

You are responsible for all of your activity in connection with accessing the Collection Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Collection Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information from any Website user.

 

If you access any personal information about other individuals through the Collection Website, you must keep that information confidential unless you have their consent.

If we issue you with a password that permits you to access certain parts of the Collection Website, you are solely responsible for any use of the Collection Website through such access, whether authorised or not.

 

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Collection Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

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8. Privacy

We may collect, use and disclose your personal information for purposes including:

 

  • to fulfil orders, process and record donations and provide receipts; 
  • to respond to your requests; 
  • unless you opt out or we are prohibited by law – to contact you about Mirabel Foundation, our activities and to provide our newsletters, reports, invitations and requests for support; and 
  • research, internal reviews, analysis and production of consolidated statistics.

 

We may not be able to do these things without your personal information. For example, we may not be able to contact you, fulfil orders or issue receipts.

 

Many of our tasks are performed with the assistance of our contractors and volunteers, and we may share some or all of your personal information with them. We may also outsource certain tasks involving your personal information to third party service providers, including organisations that provide archival, research, mail and delivery, auditing, consulting, security or technology services.

 

Please contact us if you wish to access any personal information we may hold about you. We will let you know our reasons if we cannot provide access to, for example if we are not required by law to do so.

 

If you visit the Collection Website to read, browse or download information, our system may record information such as the date and time of your visit to the Collection Website, the pages accessed and any information downloaded. This information is used for statistical, reporting and website administration and maintenance purposes only.

 

Like many websites, the Collection Website may use “cookies” from time to time. Cookies are small text files that we transfer to your computer’s hard drive through your web browser to enable our systems to recognise your browser. Cookies may also be used to record non-personal information such as the date, time or duration of your visit, or the pages accessed, for website administration, statistical and maintenance purposes. Any such information will be aggregated and not linked to particular individuals. The default settings of browsers like Internet Explorer always allow cookies, but users can easily erase cookies from their hard-drive, block all cookies, or receive a warning before a cookie is stored. Please note that some parts of the Collection Website may not function fully for users that disallow cookies.

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9. Termination and suspension

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through the Collection Website as well as the Collection Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Collection Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

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10. Warranties

While we have made every effort to ensure that the Content is free from error, Mirabel Foundation does not guarantee or warrant the accuracy, adequacy or completeness of Content on the Collection Website. All Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice. Mirabel Foundation does not warrant that the Collection Website or any linked websites will be free from viruses or defects.

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11. Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, Mirabel Foundation, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the Collection Website, to any material on linked websites, or to access or use of the Collection Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

 

If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under the Trade Practices Act 1974 in Australia, our liability for any breach of a condition or warranty that is implied by law and cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election):

  • resupplying goods or services to you or supplying equivalent goods; 
  • repairing the goods; or 
  • paying the cost of having the goods or services resupplied or goods repaired.

 

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Trade Practices Act or any other legislation which may not be excluded, restricted or modified by agreement.

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12. Indemnity

You indemnify Mirabel Foundation in respect of any liability incurred by Mirabel Foundation for any loss or damage, howsoever caused, suffered by Mirabel Foundation as a result of your breach of these Terms of Use or your use of the Collection Website.

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13. Copyright and trade marks

Copyright in the Content on the Collection Website is owned or licensed by Mirabel Foundation, unless indicated otherwise. Except where necessary for viewing the Content on this website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on the Collection Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Mirabel Foundation or our licensor(s) (as appropriate).

 

Trade marks used on the Collection Website are owned by Mirabel Foundation or third parties. You must not use any trade marks used on the Collection Website without the consent of the trade mark owner.

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14. Acceptance and changes to these Terms of Use

You acknowledge and accept that your use of the Collection Website indicates your acceptance of these Terms of Use. Mirabel Foundation may at any time vary the Terms of Use by publishing the varied Terms of Use on the Collection Website. You accept that by doing this, Mirabel Foundation has provided you with sufficient notice of the variation.

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15. Jurisdiction

The law applicable to the Collection Website and to disputes arising out of the Collection Website is the law of the State of Victoria, Australia.