Welcome to Me Myself My Soul!
In these terms, we also refer to Me Myself My Soul (our full name being Veronqiue Chidiac trading as Me Myself My Soul ABN 42 638 046 598) as “our”, “we, or “us”. And you are you!
What are these terms about?
These terms apply when you use this website, being https://www.memyselfmysoul.com.au/ and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
• Part A: Terms for when you buy Products (applies when you buy)
• Part B: Terms for when you browse and interact with this Website (applies when you browse)
• Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms of Part A accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
Part A For When You Buy Product
1. SUBMITTING AN ORDER
(a) By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into a contract with us on the terms set out in Part A and Part C of these terms where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order has been received.
2 . ACCOUNTS
(a) You may submit an Order as a guest, or you may submit an Order by registering an account through the Website (Account).
(b) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) You agree that you are solely responsible for:
(i) maintaining the confidentiality and security of your Account information and your password; and
(ii) any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.
(e) You agree to notify us if you detect any unusual activity on your Account as soon as you become aware of it.
(f) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
(b) Until the price of your Products is paid in full, title in those Products is retained by us. Risk in the Products will pass to you on delivery of your Products to the third party carrier. You must not refuse delivery.
4. USING ESSENTIAL OILS
(a) You agree to carefully read the list of ingredients for all Products, including any essential oils, prior to placing an Order. If you are allergic to any ingredient, please do not Order the Product.
(b) For any Products that can be used on the skin, we recommend that you test the Product on a small patch of skin before you use the Product. If irritation occurs, immediately wash off with water and discontinue use of the Product.
(c) Some Products may cause irritation if not used in accordance with the label instructions or if you have sensitive skin. You acknowledge and agree that when using a Product, including any essential oils, that you will follow all label instructions.
(d) All Products are for external use only. If you have any health questions or concerns, please consult a medical professional immediately.
(a) All prices are:
(i) per unit (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing the submission of an Order without notice.
(b) (Payment obligations) You must pay for all Products at the time of submitting an Order.
(c) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
(d) (Card surcharges) We reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We use third-party payment providers (Payment Providers) to collect payments for Products, including Paypal, whose terms are accessible here https://www.paypal.com/au/webapps/mpp/ua/useragreement-full. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.
6. DISCOUNT CODES
(a) From time to time, we may provide promotional offers and codes offering a discount on the Products (Discount Code). To use a Discount Code, you will need to enter its code at checkout.
(b) You agree that Discount Codes:
(i) cannot be applied retrospectively;
(ii) are non-transferable;
(iii) cannot be redeemed for cash or store credit; and
(iv) may be subject to additional terms or conditions and we recommend you check the terms of any promotion to avoid disappointment.
(c) We reserve the right to deny use of a Discount Code for any reason, including where we have reason to suspect that there has been an attempt to deceive or defraud us through the use of a Discount Code.
7. DELIVERY AND SHIPPING
(a) (Free Delivery) We may from time to time offer free delivery in Australia on carts above a certain amount (Free Delivery). If we do decide to offer Free Delivery, the terms and conditions for Free Delivery will be set out on the Website.
(b) (Delivery Costs) For any cart amounts that do not qualify for free delivery, delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(c) (Delivery Address) Please ensure your delivery address is correct. We will ship the Products to the delivery address you provide us for your Order. If you have provided an incorrect address, please let us know as soon as possible. We do not provide refunds if you have provided an incorrect delivery address. We do not guarantee that your delivery address will be able to be changed once your Order has been submitted.
(d) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Please let us know if there are any issues with delivery and we will endeavour to assist you. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(e) (International Orders) We reserve the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
8. CHANGES TO YOUR ORDER
8.1 CANCELLATION BY US
We reserve the right to cancel your Order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
8.2 CANCELLATION BY YOU
You may cancel your Order up to the time that we email you confirming that we have received your Order. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 8.3 may apply.
8.3 RETURNS AND EXCHANGES
(a) We do not offer change of mind returns. However, if you are unhappy with your Product or if there are any issues with your Product, please contact us at email@example.com.
(b) We will provide a full refund of the price paid for a Product if we determine that:
(i) a Product you have ordered was not received by you solely due to failure by us;
(ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
(iii) a Product is faulty, in accordance with clause 8.3(c).
(c) (Faulty products) The following process applies to any Product you believe to be faulty.
(i) If you believe your Product is faulty, please contact us at firstname.lastname@example.org or by using the details provided on our Website with a full description of the fault (including images).
(ii) If we determine that your Product may be faulty, we will request that you send the Product back to us, at your cost, for further inspection.
(iii) When returning the Product for inspection, it must be returned in its original condition, including any packaging, tags, manuals and accessories shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
(iv) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
(v) If we determine that the Product is faulty, you will be credited the full amount paid (including reasonable shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(vi) If you fail to comply with the provisions of this clause 8 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund.
(vii) Nothing in this clause 8 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
9. THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third party suppliers,
without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
10. PUBLISHING PHOTOS ONLINE AND ON SOCIAL MEDIA
You may publish images or videos of the Products online or on social media (or both), and we ask that you please provide accreditation to “Me Myself My Soul” by watermark, reference, tagging or hashtag. We reserve the right to require you to remove any images or videos that include the Products or despite this clause 10, remove any accreditation to us.
Part B For When You Browse This Website
11. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
12. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our written consent;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Me Myself My Soul, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
13. INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
13.2 WELLNESS TAB & BLOG
(a) The Website contains a blog (Blog) and a “Wellness” tab (Wellness Tab), which includes information relating to health, wellness and self-care, including links to third party coaching and consulting services and other third party products (Third Party Goods and Services).
(b) (Results not guaranteed) We cannot guarantee that information within the Blog or Wellness Tab will enable you to achieve any particular health or wellbeing outcomes or results, and you accept and understand that results differ for each individual.
(c) (Not medical advice) The Blog and Wellness Tab are designed for educational purposes only and you should not rely on these as a substitute for, nor do they replace, professional medical advice, diagnosis or treatment. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional due to information in the Blog or Wellness Tab. By not seeking appropriate medical advice, you accept the risk that the information contained in the Blog or Wellness Tab may not meet your specific needs or circumstances.
(d) (Third Party Goods and Services) Any links to Third Party Goods and Services do not constitute endorsement or a recommendation of any material on those sites or of any third party products or services offered by, from or through those sites.
14. THIRD PARTY TERMS AND CONDITIONS
(a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
(b) You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
15. LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
16 THIRD PARTY PLATFORM – SHOPIFY
(a) This Website is powered by a third party platform (in our case, Shopify) and Shopify’s terms and conditions apply to your use of this Website to the extent applicable to you. Shopify’s terms and conditions can be accessed here.
(b) To the maximum extent permitted under applicable law and our agreement with Shopify, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
18. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us at email@example.com.
Part C Liability And Other Legal Terms
19. INTELLECTUAL PROPERTY
(a) We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.
(c) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
(a) To the maximum extent permitted by applicable law, we completely exclude any liability or where liability cannot be excluded, we limit our aggregate liability to $100 to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by us.
(b) Claims for loss of or damage to Products in transit must be made against the carrier.
(c) Products sold by us, will have only the benefit of any warranty given, and insurance held, by the manufacturer and in the case where we are considered the manufacturer, any warranty or insurance held by us will only be to the extent required under the Competition and Consumer Act 2010 (Cth).
(d) All other express or implied representations and warranties in relation to Products and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded.
(e) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(f) (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any goods (including the Products) or services provided by us.
(g) (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
21. FORCE MAJEURE
(a) If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under these terms (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
(b) Subject to compliance with clause 21(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(c) The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
(d) For the purposes of these terms, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of the control of the Affected Party;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
22.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
22.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
22.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, (in our case) to firstname.lastname@example.org and (in your case) to the email address associated with your Account or if you do not have an account, with your Order (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.