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Terms and Conditions

Effective Date: 23 January 2025

Website Terms of Use

Welcome to the website of Mirrako Pty Ltd (ABN 80 672 907 274) (“we”, “us” or the “Company”).

By accessing this site you agree to comply with and be bound by the following terms and conditions of use, which governs your use of our website (www.mirrako.com) and your purchase of products from us.

By using this website, you signify your acceptance of and agree to be bound by these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to the Company and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

  1. AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms of service at any time at our sole discretion. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. Your continued usage of this site will mean you accept those amendments.

  1. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by law, the Company and its officers, employees, agents, licensors, partners and affiliates disclaims all conditions, representations and warranties, expressed or implied in relation to this website and/or but not limited to, implied warranties of merchantability and fitness of any goods purchased through this site for any particular purpose. The Company gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

This website is provided on an “as-is” basis. Whilst we endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

  1. PRODUCTS

Our Products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase our products throughout website, you represent and warrant to us that you are over the age of 18.

Our Products may present a choking hazard for children under three (3) years of age. It is the responsibility of the Customer to ensure that our Products are not used by anyone under the age of three (3).

We strive to ensure that our products are described as accurately as possible on our website, however, we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

Images of our products are provided for illustrative purposes only. We do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Products are sold with the toothpaste cannister empty, toothpaste is not included with purchase and must purchased separately.

Most dental professionals recommend changing your toothbrush every 90 days or sooner if you brush more than twice daily or longer than 2 minutes.

  1. ORDERS

PRICES

All prices are listed in AU Dollars (AUD). Our Price list can be accessed from our home page. We reserve the right to amend our prices at any time.

All payments are processed via Stripe. By using our website and paying for our goods and services you hereby agree to Stripe’s payment terms and conditions.

Unless otherwise expressly stated, all amounts payable through your use of this site exclude GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Title and risk in our goods passes to you once an order is accepted through our website.

Shipping costs are an additional charge displayed at checkout and are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option.

Damaged or lost orders should be resolved with our courier company directly. To the fullest extent permissible by Australian Consumer Law the Company is not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of the Company.

  1. PROMOTIONS

We may issue discount codes and offers for our Products from time to time. All discount codes are single use only and limited to one (1) use per person.

Discount codes cannot be redeemed for cash and no refunds or cash alternatives for discount codes will be offered.

Promotions and discounts must be applied at the time of order and cannot be retroactively applied to a previous order.

All discount codes expire after 12 months from the issue date.

  1. RETURNS AND REFUNDS

The Company handles returns and processes refunds in accordance with this clause and the Australian Competition and Consumer Law.

If your product arrives damaged or defective, please notify us within 30 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased.

Refunds for change of mind purchases are available within 14 days of purchase if products are in their original condition and packaging. Refunds will not be provided for used goods. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of the Company.

The Company will reimburse you with any shipping costs incurred in returning the goods if the goods are damaged or fault. In all circumstances the customer must provide proof of shipping costs incurred in returning the product before the Company will reimburse you for any shipping costs incurred in returning the products. The Company reserves the right to refuse to reimburse the shipping costs in the event that the goods returned are received without fault or damage.

  1. LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Company, it’s officer, agents, employees, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

It is an essential pre-condition to you using our website that you agree and accept that our Company is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website.

You agree that it shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements.

  1. THIRD PARTY LINKS TO OTHER WEBSITES

We may from time to provide on Our website links other websites, advertisements and information for your convenience.  You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

We expressly exclude all liability which may arise from your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk.

  1. COMPETITION AND CONSUMER ACT

Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer.  Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees.

Our goods and services come with guarantees that cannot be excluded, modified or restricted under the Australian Consumer Law and are in addition to any manufacturer or supplier warranty. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.

To the maximum extent permitted by law, our Company, it’s officers, agents, employees, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies:

  1. In the case of goods to any of the following:
  1. The replacement of the goods or supply of equivalent goods;
  2. The repair of goods;
  3. The payment of the cost of replacing the goods or of acquiring equivalent goods;
  4. The payment of the cost of having the goods repaired.
  1. In the case of services:
  1. The supply of services again; or
  2. The payment of the cost of having the services supplied again.
  1. PROHIBITED CONDUCT

By agreeing to these Website Terms and Conditions you agree that you must not:

  1. use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
  2. engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
  3. use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
  4. use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
  5. use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
  6. use this site by any automated means;
  7. use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
  8. access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
  9. interfere with the display of any advertisements appearing on or in connection with this site;
  10. reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
  11. reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
  12. falsely imply that any other website is associated with this site;
  13. do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this site;
  14. use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
  15. release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or
  16. use this site to transmit any information or material that is, or may reasonably be considered to be:
  1. abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
  2. libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
  3. infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
  4. in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
  5. in breach of any person’s privacy or publicity rights;
  6. a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
  7. in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
  8. containing any political campaigning material, advertisements or solicitations; or
  9. likely to bring the Company or any of its staff into disrepute.

EXCLUSION OF COMPETITIORS

If you are in the business of providing similar goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of the Company. The Company expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our website, services or information at our sole discretion.

  1. INTELLECTUAL PROPERTY

In these terms and conditions the term “Intellectual Property” means:

    • this website;
    • all of its content including but not limited the text, graphics, design, appearance software, data, sound and video files and other information contained in this site;
    • all software, systems and other information owned or used by the Company in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).
    • all trademarks, designs and copyrighted material.

This website contains material which is owned by or licensed to us. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically, prepare derivative works or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. You must not remove or modify any copyright, trademark or proprietary material obtained from downloaded or printed material from our website.

Copyright

The Company is the owner or authorised licensee of all copyright and trademark in all content, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

If you believe that our website contains any material that infringes upon any copyright that you hold or control, or that users are directed to through a link on this site to a third-party website that you believe infringes upon any copyright that you hold or control, you may send a notification of such infringement to us in writing. Such notification must identify the works that are allegedly infringed upon and the allegedly infringing material.

In response to such a notification, we will provide written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Trademark

The company’s logo is a trademark of the Company. The look and feel of this site (including button icons, scripts, custom graphics and headers) are trademarks, service marks and/or trade dress of the Company. These trade marks and service marks may not be used, copied or imitated in whole or in part, without the prior written consent of the Company. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

  1. PRIVACY POLICY

We undertake to take all due care with any information which you may provide to us when accessing our website. We use any information we collect to maximize the services that we provide to you. Personal Information obtained about You is stored and protected in accordance with the Privacy Act 1988 (Cth) and our use and storage of personal information adheres to the Australian Privacy Principles. We take all reasonable measures to ensure the security of all electronically stored and hard-copy personal information.

DISCLOSURE OF INFORMATION TO THIRD PARTIES

The Company may be required to disclose information in good faith and where the Company is required to do so under the following circumstances:

    • by law or by any court;
    • to enforce the terms of any of our customer agreements; or
    • to protect the rights, property or safety of our customers or third parties.

When you acquire or access any goods or services from a third party through this site, we will provide that third party such information necessary to enable it to process and administer your order. We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

REQUESSTS FOR ACCESS TO PERSONAL INFORMATION

We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. Personal Information obtained about You is stored and protected in accordance with the Privacy Act 1988 (Cth). In Our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.

You may request at any time to access or amend your personal information in accordance with the Australian Privacy Principals. All requests for personal information must be directed to Our email address [info@mirrako.com]

We will amend any personal information that is held by us that is inaccurate, incomplete or out of date.

The Company will endeavour to deal with all requests for personal information as quickly as possible. Requests for large volumes of personal information or information that has been archived may require further time before the requested information can be provided. In some cases, We may be required to refuse to give access to your personal information that we hold. This includes circumstances where providing access would:

  1. Be unlawful (such as where a record that contains personal information about you is subject to a claim for legal professional privilege by a contractual counterparty)
  2. Have an unreasonable impact on another person’s privacy
  3. Prejudice an investigation into unlawful activity
  4. Prejudice anticipated legal proceedings where the information would not be accessible by the process of discovery in those proceedings.

Where access is refused, we will provide you with a statement that outlines the reasons for our refusal.

GENERAL

  1. WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and the Company concerning your use and access to our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

  1. INTERPRETATION
  1. Headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
  2. these Website Terms of Use may not be construed adversely against the Company solely because the Company prepared them;
  3. the singular includes the plural and vice-versa;
  4. a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
  5. the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
  1. SEVERABILITY

If any clause or term of these terms of use would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

  1. FORCE MAJEURE

To the maximum extent permitted by law and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and We shall be entitled to a reasonable extension of time for the performance of such obligations.

  1. NOTIFICATIONS

the Company may provide any notification for the purposes of these Website Terms & Conditions by the email address provided to us or by adding the notification into your user message box.

  1. GOVERNING LAW AND JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and the Company that results in litigation then you must submit to the jurisdiction of the courts of NSW.