Mikki & Me Website Terms and Conditions
Parties: You will be referred to throughout these Terms and Conditions as (“you” or “your”). Mikki and Me will be referred to throughout as Mikki and Me or (“we” or “our”).
Overview: The Terms and Conditions of Mikki and Me’s website include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the Mikki and Me’s website (Additional Terms and Conditions).
The Additional Terms and Conditions that appear on Mikki and Me’s website will govern your use of, and access to, certain sections of the Mikki and Me website where they appear. Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the Mikki and Me website.
You are not permitted to use this website unless you have read these Terms and Conditions and agree that they govern your right to use Mikki and Me’s website. Your use of this website evidences your agreement to be governed by these Terms and Conditions. It is your responsibility to ensure that any of your employees or other agents are made aware of these Terms and Conditions.
Website content and access: While Mikki and Me endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon.
Mikki and Me does not guarantee that access to the Mikki and Me website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the Mikki and Me website or any data on such a computer.
Personalised products: It is the responsibility of the customer to ensure that the spelling of names on all personalised products are correct prior to checkout. All names are printed exactly as they are appear within your order. Mikki and Me will take no responsibility in spelling mistakes due to customer error. If an item is received with a mistake due to a printing error, Mikki and Me must be contacted within seven (7) days of receiving item to discuss a resolution.
Express disclaimers: To the fullest extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Mikki and Me does not make any warranty as to the accuracy, suitability, reliability or completeness of the information or content on this website. Nothing on this website shall be construed as providing the user with advice.
Limitation of liability: To the fullest extent permitted by law, Mikki and Me excludes all liability for any loss or damage arising directly or indirectly from or in any way connected to your use of or reliance on this website and its content. This includes loss which is special, indirect, consequential or loss of business profits. Mikki and Me complies with the Australian Consumer Law and provides all the Consumer Guarantees contained in the Competition and Consumer Act 2010 (Cth) to the extent they are applicable. Where Mikki and Me breaches a warranty or guarantee which is implied by law into these Terms and Conditions and which cannot be lawfully excluded, then Mikki and Me relies on Section 64A of the Competition and Consumer Act 2010 (Cth). Accordingly, Mikki and Me’s liability for any such breach shall be limited at our option, as long as it is fair and reasonable to do so, to any one or more of the following:
(i) Where there is a supply of goods, to the replacement or resupply of equivalent goods, or payment of the cost of replacing the goods or acquiring equivalent goods.
(ii) Where there is a supply of services, to resupplying the services or payment of the cost of having the services resupplied.
Links to other websites: Our website may contain links to other websites. This does not necessarily imply sponsorship, endorsement, or any arrangement whatsoever between Mikki and Me and the owners of the linked websites. Mikki and Me takes no responsibility for any of the content found on the linked websites. The Mikki and Me website may contain information provided by third parties. Mikki and Me accepts no responsibility whatsoever for information or advice provided to you directly by third parties.
Intellectual property: All content displayed on this website, including but not limited to information, photographs, graphic materials and artwork, is the property of Mikki and Me. Website content may be displayed and downloaded for any legitimate business or personal purpose provided that any copyright notice is not removed. You agree not to reproduce, disseminate, sell, publish, broadcast or circulate any content to any third party without the express prior written consent of Mikki and Me. Mikki and Me expressly reserves all copyright in its website and in all website content.
Exclusion of competitors: If a principal part of your business is the retail sale or use of children’s tableware, lunchboxes and back-to-school essentials then you are a competitor of Mikki and Me. Mikki and Me expressly excludes and does not permit competitors to use website content or obtain any such content through a third party. Mikki and Me holds any competitor who breaches these Terms and Conditions fully responsible for any loss that we might sustain and further holds the competitor accountable for all profits made from the breach of these Terms and Conditions. Mikki and Me reserves the right to exclude any person from using our website.
Submissions: Any material uploaded to this website or sent to Mikki and Me via this website will be considered by us to be non-proprietary unless you indicate otherwise. This includes any data, questions, comments, suggestions, ideas or other information. Subject to our Privacy Policy, Mikki and Me may use such material for any purpose without compensation or notice. Any material uploaded to this website must not be malicious, offensive or considered to be spam or solely promotional in nature. Mikki and Me reserves the right to remove any uploaded material without notice.
Privacy: Please read in conjunction with our Privacy Policy. Mikki and Me is committed to safeguarding your privacy. All customer data is secured against unauthorised use or access. Mikki and Me does not sell or deal in personal or customer information. Mikki and Me may however use your information in a general sense to create marketing statistics, identify user demands and to assist us in meeting customer needs generally.
Personal information: Mikki and Me is committed to the transparent and open management of personal information. Any personal information Mikki and Me collects will be kept and treated as confidential. The information we collect can include information that is capable of identifying you such as your name, address, telephone number, email address, payment details, social media details, occupation and details regarding conversations we have had with you. Personal information will only be used for the purposes outlined in our Privacy Policy. If you are given access to Mikki and Me’s confidential information you may not disclose it to any third party without our written consent.
Disclosure of information: Mikki and Me may disclose information in good faith and where Mikki and Me is required to do so:
(i) by law or by any court;
(ii) to enforce the terms of any of our customer agreements;
(iii) to protect the rights, property or safety of Mikki and Me, its customers or third parties; or
(iv) to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.
Interference: You must not add, remove, change, hack or otherwise interfere with this website or any content on this website.
Termination: If in Mikki and Me’s reasonable opinion, you breach these Terms and Conditions then Mikki and Me may suspend or terminate your access to this website without notice or liability.
Whole agreement: These Terms and Conditions, our Privacy Policy and any Additional Terms and Conditions represent the whole agreement between you and Mikki and Me concerning your use and access to Mikki and Me’s website. No other term is to be included in this agreement except where it is required to be included by any state or federal legislation of Australia. All other terms are hereby expressly excluded.
Exclusion of unenforceable terms and conditions: Where any of these terms or conditions would be illegal, void, or unenforceable in a particular state or territory then that term or condition shall be deemed never to have been included in these Terms and Conditions in that state or territory. The excision of any term or condition pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other terms and conditions.
Jurisdiction: These Terms and Conditions are subject to the state and federal laws of Western Australia. You submit to the exclusive jurisdiction of the courts of Australia and any relevant Australian state or territory. This applies regardless of your location when accessing the website or website content.
Payment: If the payment method for your Mikki and Me account is by credit or debit card and payment is not received by Mikki and Me from the card issuer or its agents, you agree to pay all amounts due upon demand by Mikki and Me.
Cancellation and account enquiries: Any requests for cancellation or account enquiries should be sent to support@mikkiandme.com.au. Any request to cancel will be in accordance with Competition and Consumer Act 2010 (Cth).
Amendment of terms: These Terms and Conditions were last amended on 14 June 2022. Mikki and Me reserves the right to amend these Terms and Conditions without notice at any time. Such amendments take effect from the date of publication of the amended Terms and Conditions on this website. It is your responsibility to regularly review these Terms and Conditions to ensure your understanding is up to date.
