TERMS OF USE

Welcome to www.manukaaustralia.com.my. This website and domain name are owned and operated by MANUKA AUSTRALIA SDN BHD, Company Registration No. 202001031118 (1387438-W) (‘Manuka Australia’).

Access to and use of this website and the products and services available through this website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Use”). By using the Services, you are agreeing to all of the Terms of Use, which, together with the Privacy Policy, may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

INTELLECTUAL PROPERTY

1.1 Manuka Australia and the Manuka Australia Logo are trademarks of Manuka Australia Sdn Bhd (TradeMarks). All material on this website, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Manuka Australia Sdn Bhd. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trademarks for any purpose, other than with the prior written consent of Manuka Australia Sdn Bhd, or as permitted by law. All rights of Manuka Australia Sdn Bhd are reserved.

1.2 Trademarks used on this website to describe third parties and their products are trademarks of those third parties.

LINKING AND THIRD PARTY CONTENT

2.1 You must not frame or mirror any part of the website without Manuka Australia’s written authorisation.

2.2 The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of Manuka Australia. Manuka Australia does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

TERMS OF SALE

3.1 By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our RETURNS & BUYER’S PROTECTION pages for further information.

3.2 In order to contract with Manuka Australia you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Manuka Australia retains the right to refuse any request made by you.

OUR CONTRACT

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

PRICING AND AVAILABILITY

5.1 Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.

5.2 The prices on the website exclude delivery costs. Delivery costs will be charged; such additional charges are clearly displayed, where applicable, and included in the ‘Total Cost’.

5.3 The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

PRODUCT DESCRIPTIONS

In describing the products available to purchase online, Manuka Australia attempts to be as accurate as possible. However, Manuka Australia does not warrant that product description or other content of any Manuka Australia Services are accurate, complete, reliable, current, or error-free. If a product offered by Manuka Australia itself is not as described, your sole remedy is to return it in unused condition.

PAYMENT

Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.

DISCOUNT CODES

We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website. The conditions of use relating to any discount code will be specified at the time of issue.

RETURNS AND REFUNDS

Manuka Australia does not take title to returned items until the item arrives at our fulfilment centre. At our discretion, a refund may be issued without requiring a return. In this situation, Manuka Australia does not take title to the refunded item. For more information about our returns and refunds, please see our RETURNS & BUYER’S PROTECTION Page.

YOUR CONDUCT

10.1 You must not:

(a) use the website in breach of any applicable laws or regulations;

(b) use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;

(d) upload, post, transmit or otherwise make available any material that:

(i) is not your original work, or which may infringe the intellectual property or other rights of another person;

(ii) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(iii) includes an image or personal information of another person unless you have their consent;

(iv) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;

(v) contains large amounts of untargeted, unwanted or repetitive content; or

(vi) contains financial, legal, medical or other professional advice.

If you believe that a user has breached any of the above conditions, please contact us.

10.2 Manuka Australia reserves the right to block or suspend any user of its website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via the website, you grant Manuka Australia a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose.

10.3 Manuka Australia is not responsible for and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than Manuka Australia. Manuka Australia does not endorse any opinion, advice or statement made by any person other than Manuka Australia.

10.4 You agree to indemnifyManuka Australia and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of Manuka Australia in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms of Use, or any other default or wrongful conduct in relation to the subject matter of these Terms of Use, on the part of you or any of your Affiliates.

DISCLAIMER

By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify Manuka Australia for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.

RISK OF LOSS

All items purchased from Manuka Australia are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

YOUR ACCOUNT

If you use any Manuka Australia Services, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password.

OUTAGES

Manuka Australia reserves the right to cease, interrupt or withdraw your access to the site for any reason, including without limitation, for upgrades and maintenance of the site.

PRIVACY POLICY

Our privacy policy, which sets out how we will use your information, can be found at our PRIVACY POLICY page. The Terms of Use are subject to Manuka Australia’s Privacy Policy. By using the website, you agree to the Privacy Policy.