Overview

Thank you for visiting our website. This website www.maerakiaustralia.com.au is operated by KCLAB Australia Pty Ltd trading as Maeraki (collectively, “Maeraki,” “we,” “us,” or “our”).

By accessing and using this website and related services, you agree to these Terms and Conditions, which includes our Privacy Policy (“Terms and Conditions”). Our Privacy Policy and these Terms and Conditions apply to all users of this website, including browsers, contributors of content and customers (collectively, “you” and “your”).

You should review our Privacy Policy and Terms and Conditions carefully, and immediately cease using our website if you do not agree to these documents.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND A WAIVER OF YOUR RIGHTS TO INITIATE A LITIGATION PROCEEDING OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES.

Conditions for accessing our website services

You must be at least 18 years of age to purchase the products offered on our website. Persons under the age of 18 are not permitted to use our websites.

By accessing or purchasing any Products through our website, you agree that you will agree to and will adhere to the following conditions:

• You represent that you are at least 18 years of age;

• You will make your own enquiries with independent and certified health practitioners, and not solely rely on our representation or advice relating to your proposed use of any Maeraki products;

• You cannot re-sell or otherwise re-supply any of our products and services without our prior written consent;

• You cannot use our Products for any illegal or unauthorised purpose which may violate any laws in your jurisdiction;

• You shall only use the this website as permitted by this Agreement, and you shall not use the our website or its contents for any commercial, political, obscene, illegal, or inappropriate purpose.

Registration

You can register an account to make orders or access additional features on our website.

When you register your account, you will provide us with personal information as set out on our registration page. You must ensure that this information is accurate and current. We will handle all personal information in accordance with our Privacy Policy.

You are responsible for keeping the details of your account secure and are responsible for all use and activity carried out under this account.

Orders and Payment The ordering process

All orders made on our website are subject to our acceptance and availability. We may refuse to accept or cancel any transaction at our sole discretion without liability to you or any third parties.

Your order will be treated as an offer to purchase our Products and we strive to process your order within 2 business days. Business day means a day that is not Saturday, Sunday or a day that is a public holiday in Victoria, Australia.

We reserve the rights to discontinue or to change the prices to any of our products and services without prior notice.

Order Confirmation

The acceptance of your order will take place when we (i) debit your credit, debit card, Paypal or Afterpay account and (ii) send you an email stating that your order has been confirmed (“Order Confirmation”). We will despatch your order within 2 business days after issuance of Order Confirmation.

If the ordered Products are not available or the price shown on the checkout page is incorrect, we will contact you of the circumstances as soon as possible. You may then exercise either of the following options:

• Accept the alternative Products offered by us; or 

• Cancel your order and receive full refund; or

• Continue the order without the out-of-stock Products; or 

• Continue the order with the new confirmed

Cancellation by you

You may only cancel or vary your order with our consent. If we consent to the cancellation or variation of the order, you undertake to reimburse us for any costs and expenses incurred by us in preparing the order.

Delivery Information

All estimated delivery timeframes stated on the website are merely indicative. You acknowledge and agree that actual delivery times may differ and that you may not cancel your orders until at least 3 days after your receipt of an Order Confirmation. We may deliver your purchased products by more than one delivery.

Delivery within Australia

Delivery within Australia is normally carried out by Australia Post. We reserve the rights to engage alternative delivery services.

Delivery outside of Australia

Delivery outside of Australia will be carried out by Australia Post or an alternative courier service at our discretion. You must provide your full name, phone number, email address and a valid shipping address. Our courier service will contact you regarding customs, duties and additional fees where applicable. 

As customs regulations differs greatly from country to country, we cannot guarantee customs clearance for every product purchased from our website. It is your responsibility:

1. to ensure that your products ordered from Maeraki are compliant with the laws and regulations of your country; and
2. to account for any and all import taxes and duties including customs duties which may be charged by the relevant authorities in your country.

Maeraki is not responsible for any orders seized by customs.

Covid-19 Delivery Update

We are not liable for any delays in the delivery of your products where such delays are wholly or partly attributed to circumstances beyond our control including government interventions or restrictions, general delays due to the Covid-19 pandemic or delays caused by external factor such as weather or natural disaster.

Return and Refund Policy Timing and costs

When you receive your item, you must check it as soon as possible before use.

Our return and refund policies only cover damaged, defective or incorrect goods which are returned within 21 days of its delivery date. We do not provide prepaid return labels – you are responsible for covering any costs associated with a return.

All returns must include an order packing slip that clearly indicates the products which are being returned.

Products must be unopened with its original seal intact.

Change-of-mind refunds, returns and replacements

Due to the perishable nature of our products, we do not provide change-of-mind refunds, returns or replacements.

Your  rights  under  the  relevant  Australian  Consumer  Law  legislations  remain unaffected.

We reserve all rights and discretion to limit or refuse your request for a refund, return or replacement to extent permissible by law.

Damage and loss to products in transit

The ownership and all risks of loss or damage to your purchased products passes to you upon our despatch of the Products, including without limitation all loss or damage in the course of delivery.

Link to other websites

Our website may contain links to websites operated by third parties. Those links and all contents associated therewith are provided for your convenience and may not remain current or be maintained.

Unless expressly stated otherwise, we do not necessarily endorse and are accordingly not responsible for the accuracy of such content.

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio, software and third parties’ content) made available on this website (“Content”).

Your use of 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 this website or the Content.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. You must not copy the Content to any other server, location or support for publication, reproduction or distribution.

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.

Warranties and Disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website, the Content or the Product, including but not limited to warranties or representations that they 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.

Unless otherwise indicated, we do not warrant or endorse any specific product or information provided on this website, including the quality of any product or service offered, advices relating to medical conditions, and information relating to nutritional or physiological effect of our products have on your personal use.

Information provided on our website and our products are not intended to substitute any advice from your healthcare professional.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• Any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;

• Posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network

• Using this website to defame or libel us, our employees or other individuals;

• Uploading files that contain viruses that may cause damage to our website;

We have the right to take down any user-generated information on our website at our sole discretion and without notice to you.

Liability

To the maximum extent permitted by law, Maeraki is not liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use or reliance of our website and 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.

To the maximum extent permitted by law (including the Australian Consumer Law), in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which you may incur or suffer in connection with your use of our Products.

Indemnity

You agree to indemnify the Website Owner,  its directors, officers, shareholders employees, consultants, agents, and affiliates, from any and all claims (including third party claims), liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms and Conditions.

Severability

If any part of the Terms and Conditions is unenforceable (including any section in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected and all other clauses remain in full force and effect. So far as possible where any section or part of the section can be severed to render the remaining part valid, the section must be interpreted accordingly. Alternatively, you agree that the section must be rectified and interpreted in such a way that closely resembles the original meaning of the section as is permitted by law.

Termination

We may terminate these Terms and Conditions at any time without notice if we suspect that you have breached any term or provision herein. Your obligations and liabilities to us incurred prior to the termination will survive the termination of these Terms and Conditions.

We reserve the right to restrict, suspend or terminate at any time 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.

Dispute Resolution

This section set out the procedure to be followed if a dispute arises in connection with the Terms and Conditions, except a claim for payment by us:

1. Any dispute relating in any way to your visit to or use of our website and products shall be submitted to confidential, final and binding arbitration in Victoria, Australia, and shall be governed exclusively by the laws of Victoria, Australia;
2. If a dispute arises, you agree to contact us at info@maeraki.com.au detailing nature of dispute before submitting the dispute for arbitration to allow for informal resolution;
3. Either you or Maeraki may submit a dispute for arbitration;
4. Except to the extent determined by the artbitrator, no party may disclose the existence, content or results of any arbitration without the prior written consent of both parties;
5. The arbitrator’s award will be binding and may be entered as a judgment in the courts of Victoria, No arbitration may be joined to an arbitration involving any other party be it through class action or otherwise.

Jurisdiction and Governing Law

Your use of the website and these Terms and Conditions are governed by the law of Victoria, Australia.

Entire Agreement and Variation

This Terms and Conditions contains the entire agreement between you and Maeraki. No oral explanation or information provided by any party to another affects the meaning or interpretation of this agreement, or constitutes any collateral agreement, warranty or understanding between you and Maeraki.

We may, from time to time and without notice, vary the website (including the Terms and Conditions) or the information, products or services in it.

You agree that we are under no responsibility to ensure that all information is up to date.

Contact us

For further information concerning our Terms and Conditions, please contact us.