Terms of Service

This Website is owned and operated by Myo Munchee (Operations) Pty Ltd (ACN 629 971 115) (Myo Munchee).

These Terms and Conditions (Terms) apply to the use of the Website and any of its features, resources, products and services, as well as the ordering, purchase, fulfilment and delivery of products from the Website.

By accessing and/or using the Website, or placing an order, you agree to enter into a contract with Myo Munchee, made up of the Terms, which include our Privacy Policy (available at https://myomunchee.com/privacy).

Please read the Terms carefully before using the Website or placing your order. These Terms contain rules of use of the Website, as well as important information about the ordering, processing, fulfilment and delivery of goods, and limitations of Myo Munchee’s liability.

1. DEFINITIONS

   In these Terms:
   1. Account means an account created on the Website and includes Practitioner Accounts and Consumer Accounts;
   2. Additional Delivery Charge has the meaning give in clause 9.6;
   3. Bulk Purchase means the benefit extended to the registered user of a Practitioner Account allowing the purchase of multiple products at a Discounted Rate;
   4. Certified Practitioner means a Registered Practitioner that has completed the Munchee U training courses, programs and/or protocols;
   5. Consumer means a person who uses the Website who is not a Practitioner;
   6. Consumer Account means an Account that is not a Practitioner Account;
   7. Delivery Charge has the meaning given in clause 9.6;
   8. Delivery Options means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature, size and volume of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges may vary for each Delivery Option;
   9. Discounted Rate means a price reduction of 25% for registered users of a Practitioner Account when ordering a Bulk Purchase;
   10. International Delivery Charges has the meaning given in Section 9.6;
   11. Order means an order for Products, placed on the Website;
   12. Password means the password needed to access your Account;
   13. Practitioner means a registered medical, dental or allied health practitioner;
   14. Practitioner Account means an Account set up by a Practitioner;
   15. Practitioner Price means the price that is displayed to you if you set up a Practitioner Account;
   16. Product means any product available for purchase on the Website;
   17. Selected Delivery Option has the meaning given in Section 9.6;
   18. ‘we’, ‘our’ and ‘us’ means Myo Munchee (Operations) Pty Ltd and our related bodies corporate.
   19. Website means myomunchee.com.au.
   20. ‘you’, ‘your’ means the Consumer or Practitioner using the Website either for itself or by an authorised representative.

2. LEGAL CAPACITY

   1. If you are under the age of eighteen (18) years you enter and view the Website, but you cannot place Orders with us.
   2. If you are placing Orders on behalf of another person, company or entity, you warrant that you have authority and legal capacity to bind that person, company or entity to these Terms

3. WEBSITE USE

   1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content, currency or privacy practices associated with linked websites. You must ensure that Your access or use of the Website is not illegal or prohibited by laws which apply to You.
   2. You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
   3. By using this Website you agree to these Terms. Myo Munchee reserves the right to amend or update these Terms without specific notice to you. You will be deemed to have agreed to any amendment if you continue to access and use the Website after these Terms have been amended.

4. REGISTRATION

   1. You may create a Consumer Account or Practitioner Account in order to place Orders using our Website. You may also place an Order without creating an Account.
   2. You must not create an Account for another person and may only create a Practitioner Account if you are a Practitioner.
   3. When you register and activate your Account:
      1. if you are a Practitioner, you agree to provide us with your Practitioner information, including your first and last name, business website, profession, practice name, practice address, practice email address, practice phone number and any other information we require in order to verify that you are a Practitioner and to help us fulfill an Order for you;
      2. if you are a Consumer, you agree to provide us with personal information, including your first and last name, postal and billing address, email address and phone number.
      3. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy .
   4. When you register your Account, you will choose a Password and your username will be the email address you enter. You are responsible for keeping your user name Password secure and all use and activity carried out on your Account. You must not provide your user name or Password to another person and must notify us immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

5. COLLECTION OF DATA AND PERSONAL INFORMATION

   1. We take your privacy obligations seriously. Information on how we handle and store data and our use of cookies on this website is outlined in detail in our Privacy Policy which can be found here. If you require further information you can contact us at hello@myomunchee.com.

6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

   1. The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
   2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
   3. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, Products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

7. PROMOTIONS AND COMPETITIONS

   1. For certain campaigns, promotions or contests, additional terms and conditions may apply.
   2. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

8. PRACTITIONER ACCOUNT BENEFITS AND USE

   Registered users of a Practitioner Account will receive the following additional benefits:
   1. The option to purchase products in single or multiple quantities (Bulk Purchases);
   2. A Discounted Rate will apply for Bulk Purchases;
   3. Practitioners will have the opportunity to become a registered user of the Munchee U learning management system;
   4. Upon completing the Munchee U training the Practitioner will be listed as a certified practitioner and their contact details will be included on the website in their country or region.
   5. For the avoidance of doubt, only registered users of a Practitioner Account may make a Bulk Purchase. Registered users of a Consumer Account may only order single items/ max quantity and may not receive the benefit of a discounted rate excluding any promotional offers.

9. PURCHASES

   1. Pricing
   1. Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by us and a Purchase Contract formed under clause 9.4, the price of the Product cannot be varied except:
      1. by agreement between you and us in writing or by email; or
      2. in accordance with clause 9.4 (d).
   2. All Prices listed on the Website exclude Delivery Charges, Additional Delivery Charges and International Delivery Charges. Delivery Charges and International Delivery Charges are shown separately on an Order.
   2. Taxes

   The Prices of Products, Delivery Charges and International Delivery Charges are quoted in the currency indicated on the Website at the time of purchase and are exclusive of any taxes (including goods and services taxes, withholding and value added taxes), duties, imposts, or other values that may be applicable.

   3. Product Specifications
   1. Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, we will not materially change the features and specifications of a Product once an Order has been accepted by us and a Purchase Contract formed under clause 9.4.
   2. All weights and dimensions of Products described on the Website are approximate.
   4. Orders
   1. You may place an Order by following the instructions on the Website. By placing an Order, you make an offer to enter into an agreement to purchase the Product(s) that are the subject of Your Order (Purchase Contract).
   2. Orders will be deemed to have been received by us at the time we send an Order confirmation to your nominated e-mail address.
   3. We are an online business and will primarily communicate with you via e-mail. It is your responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
   4. We reserve the right to decline to enter into a Purchase Contract with you and may cancel your Order at any time prior to dispatch of the Product(s).
   5. In the event of a cancelled Order that is not dispatched, funds paid in relation to that Order will be refunded. You will be provided with e-mail confirmation of the cancellation and refund.
   6. We do not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
   7. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control (or the reasonable control of our affiliates), and we will be entitled to a reasonable extension of time for the performance of such obligations.
   8. Where you have provided an incorrect or incomplete delivery address for your Order, we may charge a redelivery fee for each subsequent delivery attempt.
   9. We are not obliged to accept any variations in Orders after they have been placed.
   5. Payment
   1. You may provide your nominated credit card or elect to use another payment method offered by a third-party merchant or finance provider, where available, during the purchase process described on the Website.
   2. Payment for Orders will be processed immediately upon confirmation of your Order.
   3. You agree that Myo Munchee has no liability whatsoever for any error, omission, loss, or damage caused or contributed to by the third-party merchant or finance provider.
   4. You agree that by using a third-party merchant facility or finance provider you are entering into a separate agreement with them, and you are subject to their terms and conditions.
   5. You must contact the third-party merchants or finance providers directly to obtain a copy of their terms and conditions or confirm the fees payable by you for electing to use their payment services.
   6. If your nominated payment method triggers a fraud prevention protocol your order may be paused or cancelled. If the order is cancelled your payment will be refunded back to the method in which you paid.
   7. Despite our best efforts, on occasion a Product in our range may be incorrectly priced on the Website. Should this occur, we will sell the product to you for the lowest price, being the checkout price, or displayed price, or advertised price as the case may be, or cancel your Order, provide a full refund and stop selling the item until the incorrect price is corrected.
   6. Delivery and Ownership of Goods
   In addition to the Price for the Products, you will also need to pay the listed delivery charge (if any) (Delivery Charge) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
   1. In addition to the price for the Products and the Delivery Charge (if any), you may also need to pay any additional delivery charges that are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our courier company of choice does not provide door-to-door service (Additional Delivery Charge). Additional Delivery Charges may apply even if a Product is listed on the Website as having “free delivery”, “free freight” or similar. We will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If you do not accept the Additional Delivery Charge, we will cancel your Order and, if we have already accepted payment for the Order, process a refund in accordance with clause 8.8.
   2. If we agree to deliver Products outside of Australia, international delivery charges will apply (International Delivery Charges). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.
   3. When you place an Order for Products to be delivered, you will be required to select one of the available Delivery Options for your Order (Selected Delivery Option).
   4. We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. We do not accept any liability for loss or damage suffered by anyone as a result of any such delays, nor do we warrant that delivery will occur by a fixed date or time.
   5. We will provide you with tracking information for your Order once your Order has been dispatched. Where scheduled dispatch of a Product is delayed by more than 14 days, we will notify you by e-mail via the e- mail address nominated in your Order and in these circumstances, you may cancel your Order and receive a refund or store credit at any time prior to dispatch of the Product(s).
   6. We will only deliver Products to PO Box addresses located in Australia. We will not deliver Products to PO Box addresses in any other country.
   7. Where you give written authority for Products to be delivered without a signature, any and all included insurance cover will be voided. You will bear all risk of loss, stolen or damaged Products delivered without a signature in these circumstances.
   8. We are not responsible for the delivery times of Products. Once Products have been dispatched, it is your responsibility to liaise with the courier or postal service nominated by us (as notified to you) in relation to the date and time of delivery. We will not be liable for any inaccuracy of information provided to you relating to the date and time of delivery.
   9. We reserve the right to not ship to remote or rural locations.
   10. Title and risk in the Products pass to you on the date and time of delivery of the Products to the delivery address provided in your Order.
   7. Faulty or Damaged Goods
   1. You are entitled to request a repair, replacement or refund in circumstances where a Product is of not of acceptable quality, is not fit for the specified purpose, does not match the description or the sample or demonstration model. We will repair, replace or refund faulty or damaged Products in accordance with Australian Consumer Law and the Myo Munchee Replacement Policy, which can be found here.
   2. You should check your Products as soon as they are delivered to you in order to ensure that:
   1. they are what you ordered (including quantity); and
   2. they are not damaged or faulty. If this is not the case you should contact us as soon as possible.
   3. If you have a problem with any Products or otherwise wish to return them please contact us as soon as possible.
   4. When returning Products:
   1. please provide us with your proof of purchase;
   2. it is a requirement for the fulfilment of refunds, exchanges and warranties that you use your best endeavours to return all out-of-the-box accessories supplied at the time of original purchase.
   5. You must also use the original packaging when returning Products where possible in order to avoid damage in transit.
   6. You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Products themselves.
   8. Refunds
   1. If we are obliged to refund your payment pursuant to these Terms, we will aim to initiate your refund within 7 business days (Monday – Friday 9 a.m to 5 p.m Australian Eastern Standard time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
   2. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
   3. As the Myo Munchee is an oral device, due to hygiene reasons, we reserve the right not to issue a refund for change of mind if the product has been opened and it is not in resaleable form.
   9. Consumer Guarantees
   In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Competition and Consumer Act 2010 (Cth) and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 (Cth) are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

10. INTELLECTUAL PROPERTY RIGHTS

    1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks, inventions, trade secrets and other intellectual property rights) in all Products, this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (collectively, Content).
    2. Your use of the Products, this Website and use of and access to any Content does not grant or transfer any rights, title, or interest to you in relation to intellectual property existing in any Products, this Website or the Content. However, we do grant you a licence to access the Website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third-party licensors.
    3. Any copying, alteration, adaption, development, reproduction, reverse engineering or redistribution of any Product, this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
    4. You agree that if any Product is copied, altered, adapted, developed, reverse engineered or redistributed creating any new intellectual property rights then these Intellectual Property rights will automatically and immediately vest with Myo Munchee.
    5. All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.

11. UNACCEPTABLE ACTIVITY

    1. You must not do any act that we deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
    1. any act that would constitute a breach of either the privacy rights (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
    2. using this Website to defame us, our employees or other individuals;
    3. uploading files that contain viruses that may cause damage to our property or the property of other individuals;
    2. If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

12. WARRANTIES AND DISCLAIMERS

    1. To the maximum extent permitted by law, including the Australian Consumer Law and any other applicable law, we make no warranties or representations about the Products, this Website or the Content other than as expressly set out in these Terms.
    2. Further, we do not make warranties or representations that the Website or any Content will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
    3. We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

13. LIABILITY

    1. To the maximum extent permitted by law, including the Australian Consumer Law and any other applicable law, in no event shall we be liable for any direct or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the Products, our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date
    2. Where laws imply liability that cannot be excluded by operation of clause 13.1, then to the extent permitted by law, our liability will be limited to re-supply of the Products purchased by you, or the cost to us to re-supply the Products (at our discretion).

14. GENERAL

    1. These Terms, together with your Order (if any), constitute the entire agreement between Us and You regarding the use of the Website and the ordering, purchasing and supply of Products.
    2. We reserve the right to make changes to the Website and these Terms without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms are published on the Website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms.
    3. You cannot vary the Terms without our prior written consent.
    4. Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the enforceability of other provisions.
    5. A failure or delay by us to exercise a power or right under these Terms does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude its future ability to exercise that or any other power or right.
    6. Your use of the Website and the ordering, purchase, fulfilment and delivery of Products from the Website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
    7. None of our employees or agents have the authority to vary any of the Terms governing any sale.

15. SEVERABILITY

    1. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

16. WAIVER

    1. If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

17. GOVERNING LAW

    1. Your use of the Website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
    2. This website may be accessed internationally. We do not make any representation that this website complies with any overseas laws.