Terms &Conditions

Check out the terms and conditions crafted by our legal team. It's not the most thrilling read, but it's definitely important.

1. INTRODUCTION

(a) These terms and conditions (Terms)apply when you use this website, http://www.miraclemint.com.au/ (Website).

(b) You agree to be bound by these Terms which form a binding contractual agreement between you and us, Miracle Mint, at rading name of Future Positive Finance Pty Ltd ACN 662 178 323 (Miracle Mint, our, we or us).

(c) If you don’t agree to these Terms, you must refrain from using this Website.

(d) We may change these Terms at any time by updating this page of this Website, and your continued use of this Website following such an update will represent an agreement by you to be bound by the Terms as amen

2. ACCESS AND USE OF THIS WEBSITE

You must only use this 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 this Website comply with the Terms and any applicable laws.

3. YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of this Website without the express consent of the Miracle Mint;

(b) use this Website for any purpose other than the purposes of browsing, selecting or purchasing goods;

(c) use, or attempt to use, this Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, this Website in a manner that may interfere with, disrupt or create undue burden on this Website or the servers or networks that host this Website;

(e) use this 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 Miracle Mint, including by linking to this Website on any other website; and

(g) attempt to breach the security of this Website, or otherwise interfere with the normal functions of this Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing this Website for security vulnerabilities;

(iii) overloading, flooding, mail bombing, crashing or submitting a virus to this Website; or

(iv) instigate or participate in a denial-of-service attack against this Website.

4. INFORMATION ON THIS WEBSITE

(a) While we make every effort to ensure that the information on this Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted bylaw) guarantee that:

(i) this Website will be free from errors or defects;

(ii) this Website will be accessible at all times;

(iii) messages sent through this Website will be delivered promptly, or delivered at all;

(iv) information you receive or supply through this Website will be secure or confidential; or

(v) any information provided through this Website is accurate or true.

(b) We reserve the right to change any information or functionality on this Website by updating this Website at anytime without notice, including product descriptions, prices and other Website Content.

(c) No information on this Website is to betaken as general or personal financial advice, or legal advice, and should not be relied on as advice. To the maximum extent permitted under applicable law, Miracle Mint excludes all liability for any claim from any person for loss or damage arising out of or in connection with use of this Website.

5. INTELLECTUAL PROPERTY

(a) The Company retains ownership of this Website and all materials on this 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 this Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish this Website or any Website Content without prior written consent from the Company or as permitted by law.

6. LINKS TO OTHER WEBSITES

(a) This Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.

(b) Inclusion of any linked website on this Website does not imply our approval or endorsement of the linked website.

7. SECURITY

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of this Website. You should take your own precautions to ensure that the process that you employ for accessing this Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

8. REPORTING MISUSE

If you become aware of misuse of this Website by any person, any errors in the material on this Website or any difficulty in accessing or using this Website, please contact us immediately using the contact details or form provided on our Website.

9. PRIVACY

You agree to be bound by our Privacy Policy, which can be found here: http://www.miraclemint.com.au/legal/privacy-policy.

10. LIABILITY

We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Website and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this Website.

11. GENERAL

11.1 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 and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an in convenient forum.

11.2 WAIVER

No party to this agreement 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.

11.3 SEVERANCE

Any term of this agreement 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 this agreement is not limited or otherwise affected.

11.4 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.

11.5 ASSIGNMENT

A party cannot assign, novate or other wise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

11.6 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 this agreement.

11.7 INTERPRETATION

(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) (this agreement) 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 this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it; 

(h) (document) a reference to a document(including this agreement) 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 this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision. 

Our Terms & Conditions was last updated on 26 March 2024.

 

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